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1st Amendment 01/20/2016 / AMY NEAVILIN CPA 44,...., CLERK OF CIRCUR COURT & COMPTROLLER ::__.i . " MONROE COUNTS FLORIDA DATE: December 22, 2015 TO: Sheryl Graham, Director FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller �, ,(/U�nobe <SUYI At the December 9, 2015 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C15 Approval of Amendment #001 to Contract #KG070, Community Care for Disabled Adults (CCDA) between the Florida Department of Children and Families (DCF) and Monroe County Board of County Commissioners (BOCC) / Social Services/In Home Services. The enclosures are not fully executed; it must be executed by the Florida Department of Children& Families and forward to the Clerk for finalization. cc: County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 440 Contract No. KG070 Amendment#0001 Date:01/01/2016 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "Department," shonroe County Board of County Commissioners, hereinafter referred to as the "Provider," amends and restates Contract No.KG070. The purpose of this Amendment g0001 is to replace the CF Standard Contract 2014, Exhibits A-F and Attachments 1-2 with the CF Standard Contract 2015, Exhibits A-F and Attachments 1-2. Furthermore, this amendment decreases the contract funding to align with the AOB; revises the Deliverables; adds required language pursuant to Section 215.971, F.S.; and corrects the additional financial consequences language. 1. The Department is amending the existing contract to incorporate the new CF Standard Integrated Contract 2015 and revised Exhibits A-F,and Attachments 1-2,as follows: 1.1 Pages 1-17,CF Standard Integrated Contract 2014,Inclusive of Exhibit A,are hereby deleted in their entirety and Pages 1- 19,CF Standard Integrated Contract 2015,Inclusive of Exhibit A,are inserted in lieu thereof,and attached hereto. 1.2 The replacement of page 11 of the CF Standard Integrated Contract 2014 does not affect the original execution of this contract. 1.3 Pages 18-35, CF Integrated Contract 2014, Exhibits B-F, are hereby deleted In their entirety and Pages 20-39, CF integrated Contract 2015,Exhibits 13-F,are inserted in lieu thereof,and attached hereto. 1.4 Pages 36.36,CF Integrated Contract 2014,Attachment 1,Finance and Compliance Audit(5/412015),are hereby deleted in their entirety and Pages 40-42,CF Integrated Contract 2015,Attachment 1,Finance and Compliance Audit(5/4/2015),are inserted in lieu thereof,and attached hereto. 1,5 Pages 39-42,CF Integrated Contract 2014, Attachment 2, Health Insurance and Accountability Act(HIPAA), are hereby deleted in their entirety and Pages 43-46, CF Integrated Contract 2015, Attachment 2, Health Insurance and Accountability Act(HIPAA),are inserted in lieu thereof,and attached hereto. This amendment shall begin on January 1. 2616 or the date on which the amendment has been signed by both parties, whichever Is later. All provisions of the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform to this amendment. All provisions of the contract not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment is hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this forty-seven (47) page amendment to be executed by their officials' thereunto duly authorized. PROVIDER: STATE OF FLORIDA MONROE COUNTY B RD OF COUNTY COMMISSIONERS DEPARTMENT CHILDREN AND FA L S SIGNED BY: SIGNED BY: NAME: Heathe amble NAME: Bronwyn Stanford TITLE: Mo CountyL Mayor/- TITLE: Regional Managing Director DATE: ZI7 /� , DATE: _ es gn�e/ �/g, alai, Federal ID Nu r: 6000 749 1- me,OE COUNTY .710p EY •WWED A e IIIJJJ ,y ` 410 / r''tiLc.,� 177 I �iiy:g.ii 'a C71. `"D sl , f Li:Wittig PEDRO .1. . I'..ADO c -` Aid'',TT.,.. 4Q • tI70 ASSISTANT CO ' I. • Mon -i=r� nty Commissioners Dare - -. __ _ Contract No. KG070 Client® Non•Client❑ CFDA No. CSFA No.60.008 THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the"Department" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Provider, The Department and Provider agree as follows: if this document is denoted above as a GRANT AGREEMENT,the term"Contract"as it may appear hereinafter shall be construed to mean "Grant"or"Grant Agreement° as the context may provide. Similarly, the term °Provider shall be construed to mean "Grantee" and the term"Contract Manager shall be construed to mean"Grant Manager. 1. ENGAGEMENT,TERM AND CONTRACT DOCUMENT. 1.1 Purpose and Contract Amount. The Department is engaging the Provider for the purpose of providing in-home Community Care for Disabled Adults(CCDA) services to all eligible permanently disabled adults aged 18-59 who are in need of assistance to maintain reasonably independent lives in the community in Monroe County and to prevent unnecessary institutionalization,as further described in Section 2 hereof, payable as provided in Section 3 hereof,in an amount not to exceed$226,065.50. 1.2 Official Payee and Party Representatives. a. The name, address, telephone number and e-mail address c. The name,address,telephone number and of the Provider's official payee to whom the payment shall be e-mail address of the Contract Manager for the directed on behalf of the Provider are: Department for this Contact are: Name: Monroe County BOCC Name: Debra Allan Kuhn Address: 500 Whitehead Street Address: Contract Management Administrator 401 NW 2ns Avenue,Suite N-1007 City: Key West State:FL Zip Code:33040 City: Miami State:FL Zip Code:33128 Phone: 305-292-4500 Phone: 786.257.5081 Ext: WA Ext: E-mail:N/A E-mail:debra.kuhn@my0famllies.com b. The name of the contact person and address, telephone, d. The name, address, telephone number and e- and e-mail address where the Provider's financial and mail of the Providers representative responsible for administrative records are maintained are: administration of the program under this Contract Name:Sheryl Graham (and primary point of contact)are: Name: Sheryl Graham Address: 1100 Simonton Street Address: 1100 Simonton Street City: Key West State:FL Zip Code:33040 City: Key West State:FL Zip Code:33040 Phone: 305•292.4510 Phone: 305-292-4510 Ext Ext: E-mail:graham-sheryl@monroecounty-6.gov E-mail:graham-sheryl@monroecounty-fI.gov Per section 402.7305(1)(a), F.S., the Department's Contract Manager is the primary point of contact through which all contracting information flows between the Department and the Provider. Upon change of representatives(names,addresses,telephone numbers or e-mail addresses) by either party,notice shall be provided in writing to the other party. CF Standard Integrated Contract 2015 1 Contract No. KG070 1.3 Effective and Ending Dates. This Contract shall be effective on January 1, 2015 or the last date executed by a party,whichever is later. The service performance period under this Contract shall commence on January 1, 2015 or the effective date of this Contract,whichever is later,and shall end - at midnight, Eastern time,on June 30,2018,subject to the survival of terms provisions of Section 7.4 hereof. ® This Contract may not be renewed. ❑ This Contract may be renewed in accordance with Section 26 of the PUR 1000 Form and, if renewed, costs for the renewal may not be charged to this Contract. ❑ The renewal price(s)set forth in the bid, proposal,or reply are shown in Exhibit F ,subject to negotiation at renewal per section 287.057(13), Florida Statutes(FS.). ❑ Not applicable. 1.4 Contract Document. This Contract is composed of Sections 1 through 7 hereof, as well as Exhibits A through F and Attachments 1 through 2 and any exhibits referenced in said attachments, together with any documents incorporated by reference, which contain all The terms and conditions agreed upon by the parties. 1.4.1 The definitions found in the Standard Contract Definitions,located at: http:llwww.dcf.state.fl.us/adminfcontractsrdocs/GlossaryofContractTenns.pdf are incorporated into and made a part of this Contract.Additional definitions may be set forth in Exhibit A,Special Provisions. 1.4.2 The PUR 1000 Form(10/06 version)is hereby incorporated into and made a part of this Contract. Sections 1.d., 2-4,6, 8- 13, 23, 27 and 31 of the PUR 1000 Form are not applicable to this Contract. In the event of any conflict between the PUR 1000 Form and any other terms or conditions of this Contract,such other terms or conditions shall take precedence over the PUR 1000 Form 1.4.3 The terms of Exhibit A, Special Provisions, supplement or modify the terms of Sections 1 through 7 hereof, as provided therein. 1.4.4 In the event of a conflict between the provisions of the documents,the documents shall be interpreted in the following order of precedence: a. Exhibits A through F; b. Any documents incorporated into any exhibit by reference; c. This Standard Integrated Contract; d. Any documents incorporated into this Contract by reference. e. Attachments 1 through 2. 2. STATEMENT OF WORK. The Provider shall perform all tasks and provide units of deliverables, including reports, findings, and drafts, as specified in this Contract. Except for advances, if any, provided for in this Contract,these deliverables must be received and accepted by the Contract Manager in writing prior to payment, subject to subsequent audit and review and to the satisfaction of the Department. The Department's determination of acceptable services shall be conclusive. Department receipt of reports and other submissions by the Provider does not constitute acceptance thereof, which occurs only through a separate and express act of the Contract Manager. Unless otherwise provided in the procurement document, if any, or goveming law, the Department reserves the right to increase or decrease the volume of services and to add tasks that are incidental or complimentary to the original scope of services. Except where the method of payment is prescribed by law, compensation under Section 3 will be equitably adjusted by the Department to the extent that it prescribes a fixed price(previously called"fixed fee")payment method or does not provide a method of payment for added tasks. 2.1 Scope of Work. The Scope of Work is described in Exhibit S. 2.2 Task List. The Provider shall perform all tasks set forth in the Task List,found in Exhibit C,in the manner set forth therein. CF Standard Integrated Contract 2015 2 Contract No. KG070 2.3 Deliverables. Deliverables shall be as described in Exhibit D. 2.4 Performance Measures. 2.4.1 Performance Measures for Acceptance of Deliverables. The performance measures for acceptance of deliverables are set forth in Exhibit D, Section D-3. 2.4.2 Minimum Performance Measures. To avoid contract termination, Provider's performance must meet the minimum performance standards set forth in Exhibit E, Minimum Performance Measures, Section E-1,regardless of any other performance measures in this Contract. By execution of this Contract, the Provider hereby acknowledges and agrees that its performance under the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the Provider fails to meet these standards,the Department,at its exclusive option, may allow a reasonable period,not to exceed six(6)months,for the Provider to comet performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the Department within the prescribed time, and if no extenuating circumstances can be documented by the Provider to the Department's satisfaction, the Department must terminate the Contract. The Department has the sole authority to determine whether there are extenuating or mitigating circumstances. The Provider further acknowledges and agrees that during any period in which the Provider fails to meet these standards, regardless of any additional time allowed to correct performance deficiencies, payment for deliverables may be delayed or denied and financial consequences may apply. 3. PAYMENT, INVOICE AND RELATED TERMS. The Department shall pay for services performed by the Provider during the service performance period of this Contact according to the terms and conditions of this Contract in an amount not to exceed that set forth in Section 1.1 hereof, subject to the availability of funds and satisfactory performance of all terms by the Provider. Except for advances, if any, provided for in this Contract, payment shall be made only upon written acceptance of all services by the Department and shall remain subject to subsequent audit or review to confirm contract compliance. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this Contract. 3.1 Method of Payment. The Provider shall be paid in accordance with Exhibit F,Method of Payment and Invoices. 3.2 Invoices. 3.2.1 Generally. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for proper pre-audit and post-audit. Where itemized payment for travel expenses is permitted in this Contract, the Provider shall submit bills for any travel expenses in accordance with section 112.061, F.S., or at such lower rates as may be provided in this Contract. 3.2.2 Final Invoice. The final invoice for payment shall be submitted to the Department no more than 45 days after the Contract ends or is terminated. If the Provider fails to do so, all rights to payment are forfeited and the Department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until performance of services and all reports due from the Provider and necessary adjustments thereto, have been approved by the Department. 3.3 Financial Consequences. If the Provider fails to perform in accordance with this Contract or perform the minimum level of service required by this Contract, the Department will apply financial consequences as provided for in Section 6.1 hereof. The parties agree that the penalties provided for under Section 6.1 hereof constitute financial consequences under sections 287.058(1)(h) and 215.971(1)(c), F.S. The foregoing does not lim0 additional financial consequences, which may include but are not limited to refusing payment, withholding payments until deficiency is cured, tendering only partial payments, applying payment adjustments for additional financial consequences or for liquidated damages to the extent that this Contract so provides,or termination of this Contract per Section 6.2.3 hereof and requisition of services from an alternate source. Any payment made in reliance on the Provider's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an overpayment in accordance with Section 3.4 hereof, to the extent of such error. CF Standard Integrated Contract 2015 3 Contract No.KG070 3.4 Overpayments and Offsets. The Provider shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the Provider by the Department and any interest attributable to such funds. Should repayment not be made promptly upon discovery by the Provider or its auditor or upon written notice by the Department,the Provider will be charged interest at the lawful rate of interest on the outstanding balance until returned. Payments made for services subsequently determined by the Department to not be in full compliance with contract requirements shall be deemed overpayments. The Department shall have the right at any time to offset or deduct from any payment due under this or any other contract or agreement any amount due to the Department from the Provider under this or any other contract or agreement. 3.5 MvFloridaMarketPlace Transaction Fee. This Contract is exempt from the MyFloridaMarketPlace transaction fee. 4. GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE. 4.1 Compliance with Statutes,Rules and Regulations. In performing its obligations under this Contract,the Provider shall without exception be aware of and comply with all State and Federal laws, rules and regulations relating to its performance under this Contract as they may be enacted or amended from time-to-time, including but not limited to those described in Exhibit Al, as well as any court or administrative order, judgment, settlement or compliance agreement involving the Department which by its nature affects the services provided under this Contract, 4.2 Independent Contractor,Subcontracting and Assignments. 4.2.1 In performing its obligations under this Contract, the Provider shall at all times be acting in the capacity of an independent contractor and not as an officer,employee, or agent of the State of Florida,except where the Provider is a State agency. Neither the Provider nor any of its agents,employees,subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the Department by virtue of this Contract, unless specifically authorized in writing to do so. This Contract does not create any right in any individual to State retirement, leave benefits or any other benefits of State employees as a result of performing the duties or obligations of this Contract. 4.2.2 The Provider shall take such actions as may be necessary to ensure that it and each subcontractor of the Provider will be deemed to be an independent contractor and will not be considered or permitted to be an officer, employee,or agent of the State of Florida. The Department will not furnish services of support(e.g.,office space, office supplies,telephone service, secretarial or clerical support)to the Provider,or its subcontractor or assignee, unless specifically agreed to by the Department in this Contract. Alt deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Provider and its subcontractors. The parties agree that no joint employment is intended and that,regardless of any provision directing the manner of provision of services, the Provider and its subcontractors alone shall be responsible for the supervision,control,hiring and firing, rates of pay and terms and conditions of employment of their own employees. 4.2.3 The Provider shall not assign its responsibilities under this Contract to another party, in whole or part,without prior written approval of the Department, upon the Departments sole determination that such assignment will not adversely affect the public interest. No payment shall be made under this Contract to any factor or other person who has been assigned or transferred the right to receive payment in lieu of or on behalf of the Provider except upon full and faithful performance of the Provider's duties hereunder. Any assignment or transfer occurring without prior approval of the Department shall be null and void. The Provider shall not subcontract for any of the work contemplated under this Contract without prior written approval of the Deparvnent,which shall not be unreasonably withheld. 4.2.4 The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights,duties,or obligations under this Contract to another governmental agency in the State of Florida or to a provider of the Departments selection, upon giving prior written notice to the Provider. In the event of assignment by either party, this Contract shall remain binding upon the lawful successors in interest of the Provider and the Department, 4.2.5 The Provider is responsible for all work performed and for all commodities produced pursuant to this Contract whether actually furnished by the Provider or by its subcontractors. Any subcontracts shall be evidenced by a written document. The Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any reason relating to this Contract. CF Standard Integrated Contract 2015 4 Contract No. KG070 4,2.6 The Provider shall include, in all subcontracts (at any tier) the substance of all clauses contained in this Contract that mention or describe subcontract compliance, as well as all clauses applicable to that portion of the Provider's performance being performed by or through the subcontract. 4.3 Provider Indemnity. Section 19 of PUR 1000 Form shall apply per its terms,except that the phrase"arising from or relating to personal injury and damage to real or personal tangible property"in the first paragraph is replaced with"arising out of or by reason of the execution of this Contract or arising from or relating to any alleged act or omission by the Provider, its agents, employees, partners,or subcontractors in relation to this agreement,"and the following additional terms will also apply: 4.3.1 If the Provider removes an infringing product because it is not reasonably able to modify that product or secure the Department the right to continue to use that product, the Provider shall immediately replace that product with a non-infringing product that the Department determines to be of equal or better functionality or be liable for the Department's cost in so doing. 4.3.2 Further, the Provider shall indemnify the Department for all costs and attorneys fees arising from or relating to Providers claim that a record contains trade secret information that is exempt from disclosure or the scope of the Providers redaction of the record, as provided for under Section 5.3. hereof,including litigation initiated by the Department. The Providers inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the Provider of performance under this provision, in which case the Department shall have no obligation to reimburse the Provider for the cost of its defense. If The Provider is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the Department shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign immunity. 4.4 Insurance. The Provider shall maintain continuous adequate liability insurance coverage during the existence of this Contract and any renewal(s) and extension(s)thereof.With the exception of a State agency or subdivision as defined by subsection 768.28(2), F.S., by execution of this Contract, the Provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this Contract. Upon the execution of this Contract,the Provider shall furnish the Department written verification supporting both the determination and existence of such insurance coverage and shall furnish verification of renewal or replacement thereof prior to the expiration or cancellation. The Department reserves the right to require additional insurance as specified in this Contract. 4.5 Notice of Legal Actions. The Provider shall notify the Department of potential or actual legal actions taken against the Provider related to services provided through this Contract or that may impact the Providers ability to deliver the contractual services, or that may adversely impact the Department. The Department's Contract Manager will be notified within 10 days of Provider becoming aware of such actions or potential actions or from the day of the legal filing,whichever comes first. 4.6 Intellectual Property. It is agreed that all intellectual property, inventions,written or electronically created materials, including manuals, presentations, films, or other copyrightable materials, arising in relation to Provider's performance under this Contract, and the performance of all of its officers, agents and subcontractors in relation to this Contract, are works for hire for the benefit of the Department,fully compensated for by the contract amount,and that neither the Provider nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this Contract. It is specifically agreed that the Department shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S.,which arises or is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith. Notwithstanding the foregoing provision, if the Provider is a university and a member of the State University System of Florida, then section 1004.23,F.S.,shall apply. 4.6.1 If the Provider uses or delivers to the Department for its use or the use of its employees,agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, except as to those items specifically listed in Exhibit A as having specific limitations,the compensation paid pursuant to this Contract includes all royalties or costs arising from the use of such design,device,or materials in any way involved in the work contemplated by this Contract. For purposes of this provision, the term "use" shall include use by the Provider during the term of this Contract and use by the Department its employees,agents or contractors during the term of this Contract and perpetually thereafter CF Standard Integrated Contract 2015 5 Contract No. KG070 4.6.2 All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Provider or one of its subcontractors is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply, but the Department shall retain a perpetual,fully-paid, nonexclusive license for its use and the use of its contractors of any resulting patented,copyrighted or trademarked work products. 4.7 Transition Activities. Continuity of service is critical when service under this Contract ends and service commences under a new contract. Accordingly, when service will continue through another provider upon the expiration or eadier termination of this Contract, the Provider shall, without additional compensation,complete all actions necessary to smoothly transition service to the new provider. This includes but is not limited to the transfer of relevant data and files,as well as property funded or provided pursuant to this Contract. The Provider shall be required to support an orderly transition to the next provider no later than the expiration or earlier termination of this Contract and shall support the requirements for transition as specified in a Department-approved Transition Plan, which shall be developed jointly with the new provider in consultation with the Department. 4.8 Real Property. Any State funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the State a security interest in the property at least to the amount of the State funds provided for at least five(5)years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of State funding for this purpose, the Provider agrees that,if it disposes of the property before the Departments interest is vacated,the Provider will refund the proportionate share of the State's initial investment,as adjusted by depreciation. 4.9 Publicity. Without limitation, the Provider and its employees, agents, and representatives will not, without prior Departmental written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark,the name of the State's mark, the name of the State or any State agency or affiliate or any officer or employee of the State, or any State program or service, or represent, directly or indirectly, that any product or service provided by the Provider has been approved or endorsed by the State,or refer to the existence of this Contract in press releases, advertising or materials distributed to the Provider's prospective customers. 4.10 Sponsorship. As required by section 286.25, F.S.,if the Provider is a non-governmental organization which sponsors a program financed wholly or in part by State funds, including any funds obtained through this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state:"Sponsored by(Provider's name) and the State of Florida, Department of Children and Families'. If the sponsorship reference is in written material,the words "State of Florida, Department of Children and Families" shall appear in at least the same size letters or type as the name of the organization. 4.11 Employee Gifts. The Provider agrees that it will not offer to give or give any gift to any Department employee during the service performance period of this Contract and for a period of two years thereafter. In addition to any other remedies available to the Department,any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name an the suspended vendors list for an appropriate period. The Provider wilt ensure that its subcontractors,if any,comply with these provisions. CF Standard Integrated Contract 2015 6 Contract No.KG070 4.12 Mandatory Reporting Requirements. The Provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Provider, and of any subcontractor, providing services in connection with this Contract who has any knowledge of a reportable incident shall report such incident as follows: 1)reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the Contract Manager; and 2) other reportable incidents shall be reported to the Departments Office of Inspector General through the Internet at http:Imwww.dct.state Fl.usladminfiiglrptfraudl.shtml or by completing a Notificationllnvestigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at IG.Complaints@myfifamilies.com. The Provider and subcontractor may also mail the completed form to The Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. A reportable incident is defined in Children and Families Operating Procedure (CFOP) 180-4, which can be obtained from the Contract Manager. 5. RECORDS,AUDITS AND DATA SECURITY. 5.1 Records,Retention,Audits,Inspections and Investigations. 5.1.1 The Provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the Department under this Contract. 5.1.2 Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media)pertinent to this Contract shall be maintained by the Provider during the term of this Contract and retained for a period of six(6)years after completion of the Contract or longer when required by law. In the event an audit is required under this Contract, records shall be retained for a minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this Contract,at no additional cost to the Department. 5.1.3 Upon demand,at no additional cost to the Department,the Provider will facilitate the duplication and transfer of any records or documents during the term of this Contract and the required retention period in Section 5.1.2 hereof. 5.1.4 These records shall be made available at all reasonable times for inspection, review,copying,or audit by Federal,State,or other personnel duly authorized by the Department. 5.1.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Department and Federal auditors, pursuant to 45 Code of Federal Regulations (CFR) s. 92.36(i)(10), shall be allowed full access to and the right to examine any of the Providers contracts and related records and documents,regardless of the form in which kept. 5.1.6 A financial and compliance audit shall be provided to the Department as specified in this Contract and in Attachment 1, 5.1.7 The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General(section 20.055, F.S.). No record may be withheld nor may the Provider attempt to limit the scope of any of the foregoing inspections, reviews,copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. 5.2 Inspections and Corrective Action. The Provider shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers,documents, facilities, goods and services of the Provider which are relevant to this Contract, and to interview any clients, employees and subcontractor employees of the Provider to assure the Department of the satisfactory performance of the terms and conditions of this Contract. Following such review, the Department will deliver to the Provider a written report of its findings, and may direct the development, by the Provider, of a corrective action plan where appropriate. The Provider hereby agrees to timely correct all deficiencies identified in the Department's written report. This provision will not limit the Department's termination rights under Section 6.2.3 hereof. 5.3 Provider's Confidential and Exempt Information. 5.3.1 By executing this Contract, the Provider acknowledges that, having been provided an opportunity to review all provisions hereof, all provisions of this Contract not specifically identified in writing by the Provider prior to execution hereof as'confidential" or"exempt"will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to section 215.985, F.S. The Provider agrees that, upon written request of the Department, it shall promptly provide to the CF Standard Integrated Contract 2015 7 Contract No. KG070 Department a written statement of the basis for the exemption applicable to each provision identified by the Provider as "confidential"or"exempt",including the statutory citation to an exemption created or afforded by statute,and state with particularity the reasons for the conclusion that the provision is exempt or confidential. 5.3.2 Any claim by Provider of trade secret (proprietary) confidentiality for any information contained in Provider's documents (reports, deliverables or workpapers,etc., in paper or electronic form)submitted to the Department in connection with this Contract will be waived, unless the claimed confidential information is submitted in accordance with Section 5.3.2.a.hereof. a. The Provider must clearly label any portion of the documents, data,or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the Provider shall include information correlating the nature of the claims to the particular protected information. b. The Department, when required to comply with a public records request including documents submitted by the Provider, may require the Provider to expeditiously submit redacted copies of documents marked as trade secret in accordance with Section 5.3.2.a hereof. Accompanying the submission shall be an updated version of the justification under Section 5.3.2.a. hereof, correlated specifically to redacted information, either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret. If the Provider fails to promptly submit a redacted copy, the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. The Provider shall be responsible for defending its claim that each and every portion of the redactions of trade secret information are exempt from inspection and copying under Florida's Public Records Law. 5.4 Health Insurance Portability and Accountability Act. ❑ The Provider certifies that neither it nor its subcontractors will have access to, receive or provide Protected Health Information within the meaning of the Health Insurance Portability and Accountability Act(42 U.S.C.s.1320d.)and the regulations promulgated thereunder(45 CFR Parts 160, 162,and 164)incidental to performance of this Contract. ® In compliance with 45 CFR s.164.504(e), the Provider shall comply with the provisions of Attachment 2 to this Contract, governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the Provider or its subcontractors incidental to the Providers performance of this Contract. 5.5 Confidential Client and Other Information. Except as provided in this Contract,the Provider shall not use or disclose but shall protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal laws or regulations that is obtained or accessed by the Provider or its subcontractors incidental to performance under this Contract. 5.6 Data Security. The Provider shall comply with the following data security requirements whenever the Provider or its subcontractors have access to Department data systems or maintain any client or other confidential information in electronic form: 5.6.1 An appropriately skilled individual shall be identified by the Provider to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the Department's security staff and will maintain an appropriate level of data security for the information the Provider is collecting or using in the performance of this Contract. An appropriate level of security includes approving and tracking all Provider employees that request or have access to any Departmental data system or information.The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider employees. 5.6.2 The Provider shall provide the latest Departmental security awareness training to its staff who have access to departmental information. 5.6.3 All Provider employees who have access to Departmental information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be obtained from the Contract Manager. 5.6.4 The Provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the Provider shall assure that unencrypted personal and confidential Departmental data will not be stored on unencrypted storage devices. CF Standard Integrated Contract 2015 8 Contract No.KG070 5.6.5 The Provider agrees to notify the Contract Manager as soon as possible, but no later than five (5)business days following the determination of any breach or potential breach of personal and confidential Departmental data. 5.6.6 The Provider shall at its own cost provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential Departmental data as provided in section 817.5681, F.S. The Provider shall also at its own cost implement measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential Departmental data. The Provider shall cause each of its subcontractors having access to Department data systems or maintaining any client or other confidential information in electronic form to comply with the provisions of this Section 5,6 and the term Provider"shall be deemed to mean the subcontractor for such purposes. 6. PENALTIES.TERMINATION AND DISPUTE RESOLUTION. 6.1 Financial Penalties for Failure to Take Corrective Action. 6.1.1 In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C., corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. 6.1.2 The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penalty, if imposed, shall not exceed ten percent(10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent(10%) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. 6.1.3 Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5%) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent(2%) penalty. 6.1.4 The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider. 6.2 Termination. 6.2.1 In accordance with Section 22 of PUR 1000 Form, this Contract may be terminated by the Department without cause upon no less than thirty(30)calendar days notice in writing to the Provider unless a sooner time is mutually agreed upon in writing. 6.2.2 In the event funds for payment pursuant to this Contract become unavailable, the Department may terminate this Contract upon no less than twenty-four(24) hours notice in writing to the Provider. The Department shall be the final authority as to the availability and adequacy of funds. 6.2.3 In the event the Provider fails to fully comply with the terms and conditions of this Contract,the Department may terminate the Contract upon no less than twenty-four(24)hours(excluding Saturday,Sunday,and Holidays)notice in writing to the Provider. Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and slates that provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of termination will be issued after the Providers failure to fully cure such noncompliance within the time specified in a written notice of noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition,the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so in order to terminate the Contract. The Department's failure to demand performance of any provision of this Contract shall not be deemed a waiver of such performance. The Department's waiver of any one breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this Contract. The provisions herein do not limit the Departments right to remedies at law or in equity. 6.2.4 Failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory to the Department will be a sufficient cause for termination. To be terminated under this provision, the Provider must have: (1) previously failed to satisfactorily perform in a contract with the Department, been notified by the Department of the unsatisfactory performance,and failed to timely correct the unsatisfactory performance to the satisfaction of the Department;or(2)had a contract CF Standard Integrated Contract 2015 9 Contract No.KG670 terminated by the Department for cause. Termination shall be upon no less than twenty-four (24) hours notice in writing to the Provider. In the event of termination under Sections 6.2.1 or 6.2.2 hereof,the Provider will be compensated for any work satisfactorily completed through the date of termination or an earlier date of suspension of work per Section 21 of the PUR 1000. 6.3 Dispute Resolution. Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Departments Contract Manager, who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within twenty-one (21) calendar days from the date of receipt of the Contract Manager's decision, the Provider delivers to the Contract Manager a petition for alternative dispute resolution. After receipt of a petition for alternative dispute resolution the Department and the Provider shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a condition precedent to any legal action by the Provider concerning this Contract. After timely delivery of a petition for alternative dispute resolution,the parties may employ any dispute resolution procedures described in the exhibits or other attachments,or mutually agree to an alternative binding or nonbinding dispute resolution process,the terms of which shall be reduced to writing and executed by both parties. Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process. This provision shall not limit the parties' rights of termination under Section 6.2 hereof. All notices provided under Section 6 shall be in writing on paper, physically sent to the person identified in Section 1.2.d hereof by U.S. Postal Service or any other delivery service that provides verification of delivery, or by hand delivery. 7. OTHER TERMS. 7.1 Governing Law and Venue, This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law, without regard to Florida provisions for conflict of laws. Courts of competent jurisdiction in Florida shall have exclusive jurisdiction in any action regarding this Contract and venue shall be in Leon County, Florida. Unless otherwise provided in any other provision or amendment hereof, any amendment, extension or renewal (when authorized) may be executed in counterparts as provided in Section 46 of the PUR 1000 Form. 7.2 No Other Terms, There are no provisions, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations,or agreements,either verbal or written between the parties. 7.3 Severability of Terms. If any term or provision of this Contract is legally determined unlawful or unenforceable,the remainder of the Contract shall remain in full force and effect and such term or provision shall be stricken. 7.4 Survival of Terms. The parties agree that, unless a provision of this Contract, its attachments or incorporated documents expressly states otherwise as to itself or a named provision, all provisions of this Contract concerning obligations of the Provider and remedies available to the Department are intended to survive the ending date or an earlier termination of this Contract. The Provider's performance pursuant to such surviving provisions shall be without further payment, as the contact payments received during the term of this Contract are consideration for such performance. 7.5 Modifications. Modifications of provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Departments operating budget. 7.6 Preferred Pricing Affidavit. The Provider represents and warrants that the prices and terms for its services under this Contract are no less favorable to the Department than those for similar services under any existing contract with any other party. The Provider further agrees that,within 90 CF Standard Integrated Contract 2015 10 Contract No.KG070 days of Provider entering into a contract or contract amendment or offering to any other party services similar to those under this Contract under prices or terms more favorable than those provided in this Contract,the Provider will report such prices and terms to the Department, which prices or terms shall be effective as an amendment to this Contract upon the Department's written acceptance thereof. Should the Department discover such other prices or terms, the same shag be effective as an amendment to this Contract retroactively to the earlier of the effective date of this Contract(for other contracts in effect as of that date)or the date they were first contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing shall be deemed overpayments. Provider shall submit an affidavit no later than July 31st of each year during the term of this Contract attesting that the Provider is in compliance with this provision,as required by section 216.0113, F.S. 7.7 Anticompetitive Agreements. The Provider will not offer, enter into nor enforce any formal or informal agreement with any person, firm or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the Department or a provider of services to the Department. 7.8 Communications. Except where otherwise provided in this Contract, communications between the parties regarding this Contract may be by any commercially reasonable means. Where this Contract calls for communication in writing, such communication includes email, and attachments thereto are deemed received when the email is received. 7.9 Accreditation. The Department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the Department has expectations that where accreditation is generally accepted nationwide as a dear indicator of quality service, the majority of the Department's providers will either be accredited, have a plan to meet national accreditation standards, or will initiate a plan within a reasonable period of time. 7.10 Transitioning Young Adults. The Provider understands the Department's interest in assisting young adults aging out of the dependency system. The Department encourages Provider participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful empioyment to youth in foster care and young adults Transitioning from the foster care system. 7.11 DEO and Workforce Florida. The Provider understands that the Department, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The Department encourages Provider participation with the Department of Economic Opportunity and Workforce Florida. 7.12 Purchases by Other Agencies. The Department of Management Services may approve this Contract as an alternate contract source pursuant to Rule 60A-1.047, Florida Administrative Code, if requested by another agency, Other State agencies may purchase from the resulting contract, provided that the Department of Management Services has determined that the contract's use is cost-effective and in the best interest of the State. Upon such approval, the Provider may, at its discretion, sell these commodities or services to additional agencies, upon the terms and conditions contained herein. 7.13 Client Risk Prevention. If services to clients are to be provided under this contract,the Provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6. The Provider shall immediately report any knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number(1-800-96ABUSE).As required by Chapters 39 and 415, F.S.,this provision is binding upon both the Provider and its employees. 7.14 Emergency Preparedness Plan If the tasks to be performed pursuant to this contract include the physical care or supervision of clients, the Provider shall,within thirty (30) days of the execution of this contract, submit to the Contract Manager an emergency preparedness plan which shall include provisions for records protection,alternative accommodations for clients in substitute care,supplies,and a recovery plan that will allow the Provider to continue functioning in compliance with the executed contract in the event of an actual emergency. For the purpose of disaster planning, the term "supervision'includes a child who is under the jurisdiction of a dependency court. Children may remain in CF Standard Integrated Contract 2015 11 Contract No. KG070 their homes, be placed in a non-licensed relative/non-relative home,or be placed in a licensed foster care setting. No later than twelve months following the Department's original acceptance of a plan and every twelve(12) months thereafter,the Provider shall submit a written certification that it has reviewed its plan, along with any modifications to the plan, or a statement that no modifications were found necessary. The Department agrees to respond in writing within thirty (30) days of receipt of the original or updated plan, accepting, rejecting, or requesting modifications. In the event of an emergency,the Department may exercise oversight authority over such Provider in order to assume implementation of agreed emergency relief provisions. By signing this Contract, the parties agree that they have read and agree to the entire Contract, as described in Section 1.4 hereof. IN WITNESS THEREOF, the parties hereto have caused this 46 page Contract to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of County FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Commissioners Signature: Signature: Print/Type Print)Type Name: Heather Carruthers Name: Bronwyn Stanford Title: Monroe County Mayor Title: Regional Managing Director Date: Date: The parties agree that any future amendment(s)replacing this page will not affect the above execution. STATE AGENCY 29 DIGIT FLAIR CODE: Federal Tax ID#(or SSN):5946000749 Provider Fiscal Year Ending Date: 09f30. CF Standard Integrated Contract 2015 12 Contract No. KG070 EXHIBIT A-SPECIAL PROVISIONS The following provisions supplement or modify the provisions of Sections 1 through 7,above,as provided herein: SECTION 1: ENGAGEMENT,TERM AND CONTRACT DOCUMENT N/A SECTION 2:STATEMENT OF WORK. N/A SECTION 3: PAYMENT,INVOICE AND RELATED TERMS N/A SECTION 4:GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE N/A SECTION 5: RECORDS,AUDITS AND DATA SECURITY N/A SECTION 6: PENALTIES,TERMINATION AND DISPUTE RESOLUTION N/A SECTION 7:OTHER TERMS A-7.1. Program or Service Specific Terms This contract falls under the Adult Protective Services Program(APS),Community Care for Disabled Adults(CCDA). Service specific terms used in this document are defined as follows: A•7.1.1 Activities of Daily Living-Basic activities performed in the course of daily living, such as dressing,bathing, grooming,eating, using a commode or urinal,and ambulating around one's own home. A-7.1.2 Adult Protective Services•Adult Protective Services is the State agency that provides funding for the CCDA program. A-7.1.3 CCDA-Community Care for Disabled Adults. A-7.1.4 Case Management•a client centered series of activities which includes planning,arrangement for and coordination of appropriate community-based services for an eligible Community Care for Disabled Adult client and is an approved service. It includes intake and referral, comprehensive assessment,development of a service plan,arrangement for service and monitoring of client's progress to assure the effective delivery of services and reassessment. A•7.1.5 Client-Any person who is eligible and is at least eighteen(18)years through age fifty-nine(59),has one(1)or more permanent physical or mental limitations that restrict the client's ability to perform normal activities of daily living,and Impede the client's capacity to live Independently or with relatives or friends without the provision of community-based services. A-7.1.6 Home Delivered Meals-Provision of meals delivered to the home for those who have difficulty shopping for groceries or preparing nutritious meals. CF Standard Integrated Contract 2015 13 Contract No.KG070 A-7.1.7 Homemaker Service•Performance of or assistance in accomplishing household tasks including housekeeping,meal planning and preparation,shopping assistance,and routine household activities by a trained homemaker. A•7.1.8 Personal Care Services•Individual assistance with or supervision of essential activities of daily living,such as bathing,dressing,ambulating,supervision of self-administered medication, eating,and assistance with securing health care from appropriate sources. Personal care services shall not be construed to mean the provision of medical, nursing,dental or mental health services by the personal care service staff. A-7.2. Fees A-7.2.1 The case management provider will collect fees for services provided according to Rule 65C-2.001,F.A.C. A.7.2.2 No fees shall be assessed other than those established by the Department. Fees collected in compliance with the department directives will be reinvested in a manner prescribed by the Department. A•7.3. Policy and Procedures Manuals Comprehensive Policy and Procedures Manuals must be developed and maintained by the provider. All manuals must Include the specific requirements necessary to address accounting,purchasing,personnel and programmatic components of the agency's current business practices. All manuals should contain an overview page describing the purpose of the manual,a table of contents,numbered pages,be revised/updated regularly and should reflect approval(with date)by the board of directors(or designee). CF Standard Integrated Contract 2015 14 Contract No,KG070 EXHIBIT Al-STATE AND FEDERAL LAWS,RULES AND REGULATIONS RELATING TO PERFORMANCE As provided in Section 4.1 of this Contract, the Provider is required to comply with the following requirements, as applicable to its performance under this Contract, as they may be enacted or amended from time to time. Provider acknowledges that it is independently responsible for investigating and complying with all State and Federal laws, rules and regulations relating to its performance under this Contract and that the below is only a sample of the State and Federal laws, rules and regulations that may govern its performance under this Contract. Al-1 Federal Law. Al-1.1 If this Contract contains Federal Funds, the Provider shall comply with the provisions of Federal law and regulations including,but not limited to,45 CFR,Parts 74 and 92,and other applicable regulations. Al4.2 If this Contract contains$10,000 or more of Federal Funds,the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92,if applicable. Al-1.3 If this Contract contains over$100,000 of Federal Funds,the Provider shall comply with all applicable standards,orders, or regulations issued under section 306 of the Clean Air Act,as amended (42 United States Code(U.S.C.)7401 et seq.),section 508 of the Federal Water Pollution Control Act,as amended (33 U.S.C. 1251 et seq.), Executive Order 11738,as amended and where applicable, and Environmental Protection Agency regulations(40 CFR,Part 30). The Provider shall report any violations of the above to the Department. A1.1.4 No Federal Funds received in connection with this Contract may be used by the Provider,or agent acting for the Provider, or subcontractor to influence legislation or appropriations pending before the Congress or any State legislature. If this Contract contains Federal funding in excess of $100,000, the Provider must, prior to contract execution, complete the Certification Regarding Lobbying form,Attachment NIA. If a Disclosure of Lobbying Activities form,Standard Form LLL, is required, it may be obtained from the Contract Manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager,prior to payment under this Contract. Al-1.5 If this Contract contains Federal Funds and provides services to children up to age 18,the Provider shall comply with the Pro-Children Act of 1994 (20 U.S.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation or the imposition of an administrative compliance order on the responsible entity,or both. A1-1.6 Unauthorized aliens shall not be employed. Employment of unauthorized aliens shall be cause for unilateral cancellation of this Contract by the Department for violation of section 274A(e)of the Immigration and Nationality Act(8 U.S.C. 1324 a)and section 101 of the Immigration Reform and Control Act of 1986. The Provider and its subcontractors will enroll in and use the E- verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors employees performing under this Contract. Employee assigned to the contract means all persons employed or assigned (including subcontractors) by the Provider or a subcontractor during the contract term to perform work pursuant to this contract within the United States and its territories. A1.1.7 If this Contract is with a sub-recipient of federal financial assistance,the Provider shall comply with Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards(also known as the`Super Circular"), Code of Federal Regulations Title 2,Part 200(2 CFR,Part 200). A1-2 Civil Rights Requirements. In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilwes Act of 1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee(or applicant for employment) in the performance of this Contract because of race, color, religion, sex, national origin, disability, age,or marital status. Further,the Provider agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR, Parts 80, 83, 84,90, and 91,Title VI of the Civil Rights Act of 1964, or the Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply to all contractors, subcontractors,subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. If employing fifteen or more employees, the Provider shall complete the Civil Rights Compliance Checklist, CF Form 946 within 30 days of execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80. CF Standard Integrated Contract 2015 15 Contract No. KG070 A13 Use of Funds for Lobbying Prohibited. The Provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a State agency. A1.4 Public Entity Crime and Discriminatory Contractors.Pursuant to sections 287.133 and 287,134,F.S.,the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime,or an entity or affiliate has been placed on the discriminatory vendor list,such person,entity or affiliate may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid, proposal, or reply on a contract with a public entity for the construction or the repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity;provided, however,that the prohibition on persons or affiliates placed on the convicted vendor shall be limited to business in excess of the threshold amount provided In section 287.017, F.S.,for CATEGORY TWO for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. A1.5 Whistleblower's Act Requirements. In accordance with subsection 112.3187(2),F.S.,the Provider and its subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office,gross waste of hinds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The Provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General,the Florida Commission on Human Relations or the Whistle-blowers Hotline number at 1-800-543-5353. A1.6 Public Records. Al-6.1 As required by section 287.058(1)(c), F.S., the Provider shall allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S. as prescribed by subsection 119.07(1) F.S., made or received by the Provider in conjunction with this Contract except that public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Providers failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate this Contract. A1.6.2 As required by section 119.0701, F.S., to the extent that the Provider is acting on behalf of the Department within the meaning of section 119.011(2),F.S.,the Provider shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Provider upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. -- -- - A1-7Supupport to the Deaf or Hard-of-Hearing. A1.7.1 Where direct services are provided,the Provider and its subcontractors shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990,42 U.S.C. 12131, as implemented by 28 CFR Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Procedure(CFOP)60-10, Chapter 4,entitled Auxiliary Aids and Services for the Deaf or Hard-of-Hearing. A1.7.2 If the Provider or any of its subcontractors employs 15 or more employees, the Provider shall designate a Single-Point- of-Contact(one per firm)to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 of the ADA,and CFOP 60-10, Chapter 4. The Provider's Single-Point-of-Contact and that of its Subcontractors will process the compliance data into the Department's HHS Compliance repotting Database by the 5t^ business day of the CF Standard Integrated Contract 2015 16 Contract No. KG070 month,covering the previous month's reporting,and forward confirmation of submission to the Contract Manager.The name and contact information for the Provider's Single-Point-of-Contact shall be furnished to the Departments Grant or Contract Manager within 14 calendar days of the effective date of this requirement. A1.7.3 The Provider shall, within 30 days of the effective date of this requirement, contractually require that its subcontractors comply with Section 504, the ADA, and CFOP 60-10, Chapter 4. A Single-Point-of-Contact shall be required for each subcontractor that employs 15 or more employees. This Single-Point-of-Contact will ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the Providers Single-Point-of-Contact. A1.7.4 The Single-Point-of-Contact shall ensure that employees are aware of the requirements, roles 8 responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers and their subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504,the ADA,and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file. A1-7.5 The Provider's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by The Provider and its subcontractors. The approved Notice can be downloaded through the Internet at: http:llwww.myflfamilles.comlabout-us/services-deaf-and-hard-hearing/dcf-posters. A1.7.6 The Provider and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customers record. Documentation, with supporting justification, must also be made if any request was not honored. The Provider shall distribute Customer Feedback forms to customers or companions,and provide assistance in completing the forms as requested by the customer or companion. A1.7.7 If customers or companions are referred to other agencies,the Provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs. A1.7.8 The Department requires each contract/subcontract provider agency's direct service employees to complete Serving our Customers who are Deaf or Hard-of-Hearinq and sign the Attestation of Understanding. Direct service employees performing under this-Contract will also print their certificate of completion, attach it to their Attestation of Understanding,and maintain them in their personnel file. A1-8 Client and Other Confidential Information. State laws providing for the confidentiality of client and other information include but are not limited to sections 39.0132, 39.00145, 39.202, 39.809, 39.908, 63.162,. 63.165, 383.412, 394.4615, 397.501, 409.821, 409.175,410.037,410.605,414.295, 415.107,415.295, 741.3165 and 916.107, F.S. Federal laws and regulations to the same effect include section 471(a)(8) of the Social Security Act, section 106(b)(2)(A)(viii) of the Child Abuse Prevention and Treatment Act, 7 U.S.C. §2020(e)(8), 42 U.S.C. §602 and 42 U.S.C. §1396a(a)(7) and 7 CFR §272.1(c),42 CFR §§2.1-2.3, 42 CFR §431.300.30645 CFR §400.27(a) and 45 CFR §205.50. A summary of Florida Statutes providing for confidentiality of this and other information are found in Part II of the Attorney General's Government in the Sunshine Manual,as revised from time-to-time. A1.9 PRIDE. Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S.,in the same manner and under the procedures set forth in subsections 946.515(2)and (4), F.S. For purposes of this Contract,the Provider shall be deemed to be substituted for the Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (B00)643-8459. Al.10 Recycled Products. The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065,F.S. A1.11 Scrutinized Companies. If this Contract is for an amount of$1 Million or more,the Department may terminate this Contract at any time the Provider is found to have submitted a false certification under section 287.135, F.S., or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. A1.12 Federal Funding Accountability and Transparency Act(FFATA). An act of Congress that requires the full disclosure to the public of all entities or organizations receiving federal funds. CF Standard Integrated Contract 2015 17 Contract No. KG070 A1-12.1 FFATA 2006. The Provider will complete and sign the FFATA Certification of Executive Compensation Reporting Requirements form (CF 1111 or successor) if this Contact includes $25,000 or more in Federal Funds (as determined over 0s entire term). The Provider shall also report the total compensation of its five most highly paid executives if it also receives in excess of 80%of its annual gross revenues from Federal Funds. A1-12.2 Digital Accountability and Transparency Act (DATA)2014. An expansion of the FFATA 2006, the purpose is for further transparency by establishing government-wide data identifiers and standardized reporting formats to recipient and sub-recipients. A1.13 Prompt Payment and Vendor Ombudsman. Pursuant to section 215.422, F.S., the Department has five (5)working days to inspect and approve goods and services,unless the bid specifications, purchase order,or this Contract specify otherwise. Any amount that is authorized for payment but is not available within forty (40) days, measured from the latter of the date a properly completed invoice is received by the Department or the goods or services are received, inspected, and approved (or within 35 days after the date eligibility for payment of a health care provider is determined),a separate interest penalty as described in section 215.422, F.S.,will be due and payable in addition to the amount authorized for payment. Interest penalties less than one(1)dollar will not be paid unless the Provider requests payment. A Vendor Ombudsman has been established within the Department of Financial Services and may be contacted at(850)413-5516. A1.14 Timely Payment of Subcontractors. To the extent that a subcontract provides for payment after Provider's receipt of payment from the Department, the Provider shall make payments to any subcontractor within 7 working days after receipt of full or partial payments from the Department in accordance with section 287.0585, F.S., unless otherwise stated in the contract between the Provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Provider and paid by the Provider to the subcontractor in the amount of one-half of one percent(.005)of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen(15%)percent of the outstanding balance due. A1.15 Employment Screening Al-15.1. The Provider shall ensure that all staff utilized by the Provider and its subcontractors that are required by Florida law to -bescreened-in accordance with chapter 435, F.S., are of good moral character and meet the Level 2 Employment Screening standards specified by sections 435.04, 110.1127, and subsection 39.001(2), F.S., as a condition of initial and continued employment that shall include but not be limited to: a. Employment history checks; b. Fingerprinting for all criminal record checks; c. Statewide criminal and juvenile delinquency records checks through the Florida Department of Law Enforcement (FDLE); d. Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law Enforcement; and e. Security background investigation, which may include local criminal record checks through local law enforcement agencies. f. Attestation by each employee, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. A1-15.2 The Provider shall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been screened or the Provider is awaiting the results of screening. A1-15.3The Department requires,as applicable,the use of the Officer of Inspector General's Request for Reference Check form (CF 774), which states: "As part of the screening of an applicant being considered for appointment to a career service, selected exempt service, senior management, or OPS position with the Department of Children and Families or a Contract Provider Agency, a check with the Office of Inspector General(IG) is required to determine if the individual is or has been a subject of an investigation with the IG's Office. The request will only be made on the individual that is being recommended to be hired for the position if that individual has previously worked for the Department or a Contract Provider,or if that individual is being promoted, transferred or demoted within the Department or Agency." CF Standard Integrated Contract 2015 18 Contract No.KG070 A1-06 Human Subject Research. The Provider shall comply with the requirements of CFOP 215-8 for any activity under this Contract involving human subject research within the scope of 45 CFR, Part 46, and 42 U.S.C. section 289, et seq., and may not commence such activity until review and approval by the Departments Human Protections Review Committee and a duly constituted Institutional Review Board. A1.17 Coordination of Contracted Services. Section 287.0575, F.S., mandates vahous duties and responsibilities for certain State agencies and their contracted service providers, and requires the following Florida health and human services agencies to coordinate their monitoring of contracted services: Department of Children and Families, Agency for Persons with Disabilities, Department of Health,Department of Elderly Affairs,and Department of Veterans Affairs,where applicable. In accordance with Section 287.0575(2), F.S., each contract service provider that has more than one contract with one or more of the five Florida health and human services agencies must provide a comprehensive list of their health and human services contracts to their respective Contract Manager(s). The list must include the following information: • Name of each contracting Stale agency and the applicable office or program issuing the contract. • Identifpng name and number of the contract. • Starting and ending date of each contract. • Amount of each contract. • A brief description of the purpose of the contract and the types of services provided under each contract. • Name and contact information of each Contract Manager. Al-18 State Policies.The Provider shall comply with the polices set forth in the Department of Financial Services' Reference Guide for State Expenditures and active Comptroller/Chief Financial Officer Memoranda issued by the Division of Accounting and Auditing. See N/A for additional laws,rules and regulations affecting performance of this Contract. CF Standard Integrated Contract 2015 19 Contract No. KG070 Amendment 0001 EXHIBIT B•SCOPE OF WORK B-1 Scope of Service This is a forty-two month contract,pursuant to the Adult Protective Services Program established under the authority of sections 410.601-410.606, Florida Statutes, Chapter 65C-2, Florida Administrative Code(F.A.C.),and the annual appropriations act,with any proviso language or instructions to the Department,constituting the legal basis for services to be delivered through The Community Care for Disabled Adults Program. In addition,the Provider shall provide in-home services to all eligible permanently disabled adults ages 18-59 who are in need of assistance to maintain reasonably independent lives in the community in Monroe County. B•2 Major Contract Goals The goal of the Community Care for Disabled Adults(CODA)Program is to prevent unnecessary institutionalization of disabled adults aged 18-59 through the provision of Case Management Services to coordinate such in-home community-based services as Homemaker Services, Personal Care Services and Home Delivered Meals. The program is designed to serve totally and permanently disabled persons who are not eligible for assistance from other programs and it fills the gap in the services for adults with disabilities. B-3 Service Area/Locations/Times The Provider for this service must be able to provide both coordination and delivery of in-home community-based services based on the identified days and times in the client care plan. If the Provider can only provide coordination,they must have the ability to coordinate with home health agencies to provide the delivery of in-home community-based services based on The days and times in the client care plan. SERVICE LOCATION TIME Case Management Client's Home&Providers Office Determined by care plan Home Delivered Meals Client's Home Determined by care plan Homemaker Client's Home Determined by care plan Personal Care Clients Home Determined by care plan Details of the services to be provided under this contract and the negotiated parameters of those services are included in the descriptions and minimum requirements for each service listed in the"CFOP 140-8,Community Care for Disabled Adults Operating Procedures". B•3,1 Changes In Location The Provider must notify the Department of changes in the location of service delivery. Once the service delivery location is agreed upon,any proposed change must be presented in writing to the Contract Manager for approval,fifteen(15) working days prior to implementation of that proposed change. In the event of an emergency,temporary changes in location may necessitate waiver of this designated standard by the Region's program office. Such a waiver will take into consideration the continuity,safety, and welfare of the Departments clients,and is at the Department's sole discretion. B-4 Clients to be Served • Adults with disabilities,age eighteen(18)through fifty-nine(59),who are no longer eligible to receive children's services and are not eligible for the Long Term Care Managed Care Program,may be served under the provisions of this contract. B•5 Client Eligibility B•5.1 Applicants must have one or more permanent physical or mental limitations,that restrict the ability to perform normal activities of daily living,as determined through the initial functional assessment and medical documentation of disability. Determination of a permanent disability must be established and evidenced in one of the following manners: B.5.1.1 An applicant may present a check,award letter,or other proof showing receipt of Social Security Disability Income,or some other disability payment(e.g.,Workers Compensation);or B.5.1.2 An applicant may present a written statement from a licensed physician,licensed nurse practitioner,or mental health professional,which meets the Region's criteria for evidence of a disability. This written statement must,at a minimum,include the applicants diagnosis, prognosis, a broad explanation of level of functioning,and the CF Integrated Contract 2015 20 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 interpretation of need for services based on identified functional barriers caused by the applicant's disabling condition. B5.2 Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free CCDA services. B•5.3 Applicants with incomes above the standard will be assessed a fee for a share of the costs,or may be required to provide volunteer services in lieu of payment. B-6 Client Determination B•6.1 Clients will be assessed for eligibility determination, and prioritized for services by Department case management staff, in accordance with subsection 410.604(2), Florida Statutes. B•6.2 The Adult Protective Services Program Office will make the final determination of client eligibility and service authorization. B•7 Equipment The Provider will be responsible for supplying,at its own expense,all equipment necessary to perform under,conduct and complete the contract,including but not limited to computers,telephones,copier and fax machines,including supplies and maintenance,as well as needed office supplies. B•8 Contract Limits B-8.1 The total annual cost estimated or actual,for an individual receiving CODA services,shall not exceed the average,annual general revenue portion of a Medicaid nursing home bed within the Regional area. B•8.2 Clients must not be receiving comparable services from any other entity. In order to prevent duplication of services,client files must contain documentation verifying that all comparable community services and funding sources have been explored and exhausted. B•8.3 To the extent that funds are available,the Provider will receive referrals for clients on whom the Human Service counselors have completed an Adult Services Screening for Consideration for Community Based Services. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CF Integrated Contract 2015 21 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT C•TASK LIST The Provider shall perform all functions necessary for the proper delivery of services Including,but not limited to,the following: C•1 Service Tasks C.1.1 Service Providers will ensure that appropriate community-based services are provided to clients in a manner designed to meet the client's changing needs,to assist the client in avoiding or reducing unnecessary dependence on the delivered service(s),and to increase the client's self-reliance. C-1.1.1 Each CCDA client must receive case management services and at least one other CODA In-Home service each month. C•1.2 The community-based services that shall be performed under this contract,as defined in CFOP 140-8,Community Care for Disabled Adults Operating Procedures,which is incorporated by reference and available from the contract manager, include: C.1.2.1 Case Management provides ongoing assessment of the clients needs,ongoing review of the care plan and the client's satisfaction with the services provided. Case Management consists of identifying,organizing, documenting,coordinating,monitoring and modifying services needed by the client. Case Management requires extensive knowledge of the existing service network and the skills and the willingness to seek out additional service options that may benefit the client. Case Management must maintain at a minimum, monthly telephone contact with the client to verify satisfaction and receipt of services;review the care plan in a face to face visit every three(3)months and if necessary, update the clients care plan and have an annual face to face visit with the client to complete the annual assessment and determine The client's functional status;satisfaction with services;changes in service needs and develop a new care plan. The Case Manager must clearly document in the case narrative the above scheduled visits to the client. The Case Manager may combine the quarterly visits with the monthly contact requirement. ----- C-1.2.1.1 A unit of service is one hour of elapsed time involved in the above-described case management activities. C•1.2.2 Home Delivered Meals are hot or other appropriate, nutritionally sound meals that meet one-third of the Daily Recommended Dietary Allowances(RDA)served in the home to a disabled person who is homebound and at nutritional risk. Home delivered meals are for clients who have difficulty in shopping for groceries or preparing meals and have no caregiver capable of providing the services. A choice of meals from a menu provided in advance should be provided to the client. The meals should be appropriate for the client and they are satisfied with the meals. C-1.2.2.1 A unit of service is one delivered meal. C•1.2.3 Homemaker Service means the performance of or assistance in accomplishing specific home management duties including housekeeping,laundry, meal planning and preparation, shopping assistance,and routine household activities by a trained homemaker. With district/region approval,it may include the purchase of home and/or cleaning supplies needed for the delivery of services. Otherwise,clients are responsible for purchasing their own cleaning supplies.Time does not include time spent in transit to and from the client's place of residence except when providing shopping assistance, performing errands or other tasks on behalf of the client. C-1.2.3.1 Aides providing Homemaker services must not engage in work that is not specified in the care plan;accept gifts from clients;lend or borrow money or articles from clients;handle money,unless authorized in writing by a supervisor or Case Manager(documented in the personnel file)and unless bonded or insured by the employer and transport clients,unless authorized in writing by a supervisor or Case Manager. CF Integrated Contract 2015 22 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 C•1.2.3.2 The unit of service is one hour(or quarter hour portion)of time spent in the provision of designated homemaker duties by a trained homemaker. It does not include time in transit to and from the client's place of residence except when providing shopping assistance,performing errands or other tasks on behalf of the client. If the service is to be provided to a couple,the unit of service must be assigned to either the eligible husband or wife,preferably the one who usually performs homemaking duties. C-1.2.4 Personal Care means services to assist the disabled adult with bathing,dressing,ambulating,housekeeping, supervision,emotional security,eating,supervision of self-administered medications and assistance with securing health care from appropriate sources. Personal care services do not include medical services. Personal care services will not substitute for the care usually provided by a registered nurse,licensed practical nurse,therapist or home health aide. The personal care aide will not change sterile dressings, irrigate body cavities,administer medications or perform other activities prohibited by Chapter 59A-B,F.A.C. C•1.2.4.1 A unit of service is one hour(or quarter hour)of elapsed time spent in providing designated personal care services by a qualified personal care aide. C-1.2.5 Other parameters of services delivery, by type of service;are detailed in the"CFOP 140-8,Community Care for Disabled Adults Operating Procedures". C-2 Administrative Tasks C•2.1 Staffing Requirements C•2.1.1 The Provider will meet the minimum staffing requirements for each service,as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. C•2.1.2 The Provider will notify the Department,in writing,within thirty calendar(30)days whenever the Provider is unable,or expects to be unable to provide the required quality or quantity of service due to staff turnovers or shortages. C-2.2 Professional Qualifications The Provider will ensure that staff meets the professional qualifications for each service,as specified in the"CFOP 140- 8,Community Care for Disabled Adults Operating Procedures". C•2.3 Staff Changes The Provider agrees to notify the Departments Contract Manager within two(2)working days if a key administrative position(e.g.,executive director) becomes vacant. Planned staffing changes that may affect service delivery,as stipulated in this contract, must be presented in writing to the Contract Manager for approval at least ten(10)working days prior to the implementation of the change. C-2.4 Subcontracting This contract allows the Provider to subcontract for the provision of all services under this contract except Case Management,subject to the provisions of Section 4.2 of CF Integrated Contract 2015.The subcontractor at any tier level must comply with the E•Verify clause as subject to the same requirements as the prime contractor. C•2.5 Records and Documentation. C•2.5.1 The Provider shall complete and submit the Reports as described in Section C-2.6. C•2.5.2 Providers shall maintain information on each client served by this contract,which includes the following: C•2.5.2.1 documentation of the client by name or unique identifier; C•2.5.2.2 current documentation of eligibility for services; C-2.5.2.3 dates of service provision,delivery and service billing; C•2.5.2.4 information documenting the client's need to receive services; CF Integrated Contract 2015 23 Contract#KGO70 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 C-2.5.2.5 information documenting the client's need for service increase; C-2.5.2.6 the number of service units provided, and C-2.5.2.7 all other forms or records necessary for program operation and reporting,as set forth by the Department C-2.5.3 Case Management Provider individual client files shall contain the following: C-2.5.3.1 a completed Adult Protective Services Client Assessment(not more than one[1]year old); C-2.5.3.2 an Adult Protective Services Program Office approved CCDA Care Plan Services(Exhibit C1) (not more than[1]year old); C-2.5.3.3 an Adult Protective Services Program Office approved Request for Approval of CCDA Care Plan Services Increase(when needed)(Exhibit C2); C-2.5.3.4 a Department release of information form; C-2.5.3.5 a copy of a completed Adult Services Information System(ASIS)printout; C-2.5.3.6 documentation of the client's age,disability,and income; C-2.5.3.7 a completed and scored copy of The Adult Services Screening for Consideration for Community Based Services;and C-2.5.3.8 an ongoing,specific dated case narrative section. C-2.5.4 Providers must ensure that all client records accurately match the invoices submitted for payment. Records must cross reference to each invoice for payment. C-2.5.5 Providers must maintain documentation necessary to facilitate monitoring and evaluation by the Department. C-2.5.6 The Case Management Provider must maintain documentation in the client's file that all comparable community services and funding sources have been explored and exhausted before using CCDA funding. C-2.6 Reports(programmatic and to support payment) Reports Report Title Reporting Report Due Date #of Copies DCF Office to Receive Report Frequency Due Monthly 25th day of each month Cumulative Monthl immediately following One Contract Manager Summary y the month being Report reported CODA 25th day of each month Performance Monthly immediately following One Contract Manager Data Monthly the month being Report reported CODA 30m day of the month Performance Annually follovng the end of One Contract Manager Data Annual each Fiscal Year Report Contract Period 25h day of each month Invoice Monthly immediately following One Contract Manager the month being reported CF Integrated Contract 2015 24 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 Reports Reporting #of Copies DCF Office to Receive Report Report Title Frequency Report Due Date Due Civil Rights Within 30 days of Contract Manager Compliance Annually contract execution and One Checklist annually thereafter Proof of Liability Within 30 days of Contract Manager Insurance Annually contract execution and One annually thereafter The Office of Support of the Civil Rights Deaf and Hard Form Site: E-Mail Verification Receipt from of Hearing as 5"business day of httpsads16,f System to Contract Manager specified in Monthly each month ormsite.corni Exhibit A-1, immediately following DCFTraininol Section 7 of the the report period Monthly- 2014 Standard Summary- Contract Reporbtorm login.htmll Emergency Within 30 days of Preparedness Annually contract execution and One Contract Manager Plan every July 1. C•2.6.1 Reporting requirements for this contract include: C•2.6.1.1 The Monthly Cumulative Summary Report(Exhibit C3),if applicable. Regions will negotiate with the Provider on specific submission requirement criteria for these reports. C-2.6.1.2 Providers of case management services agree to submit Monthly Cumulative Summary Reports, which include management program data(e.g.,client identifiable data)to the Department, according to negotiated instructions provided by the Adult Protective Services Program Office. C•2.6.1.3 The CCDA Performance Data Monthly Report(Exhibit C4)and the CCDA Performance Data Annual Report(Exhibit C5)verifying enrolled active clients and nursing home placement data. C-2.6.1.4 In the event of early termination of this contract,the Provider will submit the final Monthly Cumulative Summary Report within forty-five(45)days after the contract is terminated. C.2.6.1.5 Acceptance of Reports: Where the contract requires the delivery of reports to the Department, mere receipt by the Department shall not be construed to mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance in writing of required reports shall constitute a separate act. The Department reserves the right to reject reports as incomplete,inadequate,or unacceptable according to the parameters set forth in the contract. The Department,at its option, may allow additional time within which the Provider may remedy the objections noted by the Department or the opportunity to complete,make adequate,or acceptable,or declare the resulting contract to be in default. C-3 Standard Contract Requirements. Provider will perform all acts required by Sections 4,5 and 7 of the Standard Contract. C-3.1 Provider Unique Activities C-3.1.1 The Provider will be required to use volunteers to the fullest extent feasible in the provision of services and program operations. The Provider is required to train,supervise,and appropriately support all volunteers with insurance coverage, C-3.1.2 The Provider will maintain an accurate and current active caseload list. CF Integrated Contract 2015 25 Contract#KG070 (Revised 01I01I2016) Monroe County Board of County Commissioners Amendment 0001 C3.1.3 The Provider will maintain a current monthly billing ledger of all Provider claims submitted to the Department, including all corrected claims and adjustments to claims for services that were delivered to clients being served through this contract. C•3.1.4 The Provider will notify the APS local office of all service terminations,service increase requests and monthly expenditure trends with regards to the terms of this contract. C-3.1.5 The Provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Protective Services Screening conducted by an Adult Protective Services Counselor. C-3.1.6 The Provider shall provide to individuals requesting services a contact name and phone number to the nearest APS Regional Program Office. C-3.2 Case Management Provider Unique Activities C-3.2.1 The CODA case management Provider will accept all referrals through the APS Regional Program Office. C-3.2.2 The CODA case management Provider will complete ongoing face-to-face assessments on all pre-screened individuals referred by the APS Regional Program Office for service consideration and program application, using the Adult Services Client Assessment,CF-AA 3019. C-3.2.3 The CCDA case management Provider will maintain an accurate and current active caseload list. C-3.2.4 The CODA case management Provider will maintain a current monthly billing ledger of all Provider claims submitted to the Department,including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. C•3.2.5 The CODA case management agency will notify the APS local office of all service terminations,service increase requests and monthly expenditure trends with regards to the terms of this contract. C3.2.6 The CCDA case management Provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to their score received through an Adult Protective Services Screening. C-3.2.7 The CCDA case management Provider shall provide to individuals requesting services a contact name and phone number to the APS Regional Program Office. C-3.3 Coordination with Other ProviderslEntities The CCDA case management Provider must coordinate,as necessary,with the Agency for Persons with Disabilities, the Department of Children and Families,the Department of Education,the Department of Elder Affairs and the Department of Health to serve those clients who are eligible for services through two(2)or more service delivery continuums. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CF Integrated Contract 2015 26 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT Cl CCDA CARE PLAN SERVICES o,o ,>Ml fe 4 Mr al•Mai LIE,“Om CCDA CARE PLAN SERVICES CLIENT NAME: CASE MANAGER: SOCIAL SECURJFY#: DATE OF INITIAL CARE PLAN: GOAL(check all goals that apply): CARE PLAN REVIEW DATE(initial for each Review): ❑1. Self Support 02.Prevent abuse/neglect/exploitation 03.Prevent institutionalization 04.Institutionalization Os.Personal goals Do.Other • t Service and Pattern of Delivery Date Service Date Problem Problems Desired Provider (Frequency&Duration) Resolved Began(B) Outcomes (Formal and Ended (RS) No. Date Problem Informal) Need Actual O Revised(RV) This Care Plan has been discussed with me(client)and,'or significant family members or friends and I accept the service:described in the plan.(For Medicaid Waiver Clients,also read)I accept the service described and discussed with me in this Care Plan Stead of nursing home Placement. CWENTmRESPONSIBLE PARTY: DATE: CASE MANAGER: DATE: CF Integrated Contract 2015 27 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT C2 REQUEST FOR APPROVAL OF CCDA CARE PLAN SERVICES INCREASE Part I: Recipient Information Name'. Lul name,first name,middle name or initial Date of birth: Social security number: Medicaid/Medicare Medical assistance number_ Current Address- Address whore services will be received. County: County: Status(Transfer/Existing): Describe reason for service funding increase. If individual is a transfer,indicate originating district/agency: An Adult Services client reassessment was completed on _by and respective revised care D individual is an existing consumer with your agency,indicate currentplan revisions made on monthly authorized units of service by service type(s): _by .to reflect that this Recipient is justifiably in need of increased Service(s)based on(check all situations which apply): ❑Failing Support System ❑Decrease in Functional Capacity ❑Rapidly Deteriorating Health Medicaid waiver eligibility date. Provider information Agency name Agency contact person: Agency address. Phone: Fax: E-mail address: Part If: Summary of Recipient's Presenting Situation. (Refer to form instructions for details about the type of information required here. Use the space below or include attachment.) Part Ili: Proposed New Service Request. (Please indicate the new care plan services being requested and the corresponding,anticipated service start dates.) Service Anticipated st Service Anticipated start date Part IV: Specific Description of Proposed New Service(s)As Tailored To Meet Recipient's Need. (Refer to the form instructions for details about the type of information required here. Use the space below or include attachment Part V: Cost Detail for Proposed New Care Plan Service(s). A. Attach a Cost Detail page for each service requested in Part 111. Each Cost Detail page should reflect the total annual cost of saving the consumer for that smite type. CF Integrated Contract 2015 28 Contract If KG070 (Revised 1 1/0 112 01 5) Monroe County Board of County Commissioners Amendment 0001 Pert VI: Care Plan Modification of Number of Service Units. The Budget Entity Tram will not consider authunmtion to increase service unit quantity of an authorized service on a Recipient's care plan for any of the following documented reasons unless this section is accurately and fully completed. [To justify unit service rates,please present comparative information; unit rare quotes from a minimum of three other service agencies pros ding this same service within a ten mile radius:reasons for choosing this speck vendor:a statement attesting to the fact that selected vendor is a sole ce provider of this service in this geographic area,etc. Attach information as necessary(e.g., agency administrative costs,your agency salary scale, etc). Refer to the form instructions.] ❑Failing Support System: List proposed add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. ❑Decrease in Functional Capacity: List proposed add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. ❑Rapidly Deteriorating Health: List care plan add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. Part VII.Signatures. (Please note: Final approval of all requests for Care Plan increases rest with the Budget Entity Team. Providers will receive an Award Letter from the Budget Entity Team(or one of its members)when the plan has been approved.) Provider Agency: (Signature indicates that the information presented in tins Request for Care Plan Services Increase and Date: attachments arc accurate and complete.) Recipient/Representative: (Signature indicates that the Recipient/Representative has reviewed the Request for Care Plan Date. Services Increase and attachments.) District/Regional Program Staff. (Signature indicates that the district/regional program staff and provider have agreed Date: upon the services to be funded.) Disttict/Regionai Adult Services Program Director: (Signature indicates district/regional approval of the Service Funding Date Plan,) CF Integrated Contract 2015 29 Contract#KG070 (Revised 11101/2 0 1 5) Monroe County Board of County Commissioners - \\ / } _ n ; : \ } \ ) } \ \ \ } \ ( /i § ( ) k ) §\ § ) ©I \ \ ( , \ ) ((z : / ! ` ) ) / ( _ § e § ` [ § : ) / ) ( \ \ / \ ) & 6 - ® ) co v ( in- § ( § 0 : \ ku d 0 ` 0 \ k3 \1.4 / \ 0 21 0 0 co / ƒ o \ ( .e 0 /il { ) \ : 7 ! ; / / \ \® ( } . = , z � , zr � a , Amendment 0001 EXHIBIT C4 PERFORMANCE DATA MONTHLY REPORT I OVA4{yeH 1.I. � O n_ WM FAMILIES COM Agency/County Reporting Reporting Month/Year I CCDA Active Clients CCDA Client YTD CCDA Unduplicated YTD CCDA Waiting List YTD Monthly Nursing Home Placements Nursing Home placements YTD Prepared By: Date: Phone Number: DUE THE 25TH OF EACH MONTH CF Integrated Contract 2015 31 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT CS PERFORMANCE DATA ANNUAL REPORT OEM" � � o MYRfeui III AgencylCounty Reporting Reporting Fiscal Year CCDA Active Clients at the end of the Fiscal Year CCDA Unduplicated Clients at the end of the Fiscal Year Nursing Home Placements at the end of the Fiscal Year Prepared By: Date: Phone Number: DUE THE 30m OF THE MONTH FOLLOWING THE END OF THE FISCAL YEAR OR CONTRAC71 CF Integrated Contract 2015 32 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT D—DELIVERABLES D-1 Service Units.A Service Unit is defined in CFOP 140-8, Community Care for Disabled Adults Operating Procedures, and described in Sections C-1.2. D 1.1 The following services are available to all CODA clients if required in the client's care plan. SERVICES UNIT Case Management 1 hour Home Delivered Meals 1 meal delivered Homemaker 1 hour Personal Care 1 hour D-2 Service Targets D-2.1 Service provision is based upon the individual needs of the clients as detailed in each clients'care plan and is therefore variable. Each client must receive case management services and one additional in-home service each month. 0-3 Performance Measures for Acceptance of Deliverables. Failure to comply with the following provisions will result in additional financial consequences detailed in Section F-4. D-3.1 At a minimum,every client shall receive case management services and one additional CODA In-Home service monthly. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CF Integrated Contract 2015 33 Contract#KG070 (Revised 01101/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT E—MINIMUM PERFORMANCE MEASURES E-1 Minimum Performance Measures E•1.1 Ninety percent(90%)of active clients with disabilities receiving services will not be placed in a nursing home by the end of the contract period. E-1.2 One-hundred percent(100%)of active clients who are suspected of being a victim of abuse, neglect or exploitation will be reported to the Abuse Hotline and an incident report will be sent to the Case Manager and copied to the Adult Protective Services Specialist and Contract Manager. E•1.3 One-hundred percent(100%)of active clients served through this contract will be provided case management and at least one other CODA in-home service each month. E•2 DESCRIPTION OF PERFORMANCE MEASUREMENT TERMS Placed•The result of an assessment of an individual who is no longer able to remain in their present place of residence. (To place a client involves preparation for and follow up of moving a client into a more restrictive altemalive living environment). E-3 PERFORMANCE EVALUATION METHODOLOGY The calculation of the performance standards shall be determined annually for each Fiscal Year(FY)within the contract period. For any and all performance measures suggested in the proposal,the following format shall be used: E-3.1 For the measure in Section E-1.1,the percentage of completion that meets standards will be determined by dividing the number of active clients not admitted to a nursing home by the total number of active clients receiving services. Numerator #of Active Clients Not Admitted to A Nursing Home = 90/s s Denominator Total#of Active Clients Receiving Services E-3.2 For the measure in Section E-1.2,the percentage of completion that meets standards will be determined by dividing The number of active clients reported to the Abuse Hotline by the total number of active clients suspected of being abused, neglected or exploited. Numerator #of Active Clients Reported to the Abuse Hotline Denominator Total#of Active Clients Suspected of Being — 100% Abused, Neglected or Exploited E-3.3 For the measure in Section E-1.3,the percentage of completion that meets standards will be determined by dividing the number of active clients receiving case management and at least one other CODA in-home service each month by the total number of active clients receiving services each month. Numerator #of Active Clients Receiving Case Management And At Least One Other CCDA In•Home Service Each Month 100% Denominator Total#of Active Clients Receiving Services Each Month E-4 Performance Standards Statement E-4.1 By execution of this contract the Provider hereby acknowledges and agrees that its performance under the contract must meet the standards as negotiated with the Department and shall be bound by the conditions set forth in the contract. If the Provider fails to meet these standards,the Department,at its exclusive option,may allow a reasonable period,not to exceed 6 months,for the Provider to correct performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the Department within the prescribed time,and If no extenuating circumstances can be documented by the Provider to the Department's satisfaction,the Department must terminate the contract. The Department has the sole authority to determine whether there are extenuating or mitigating circumstances. CF Integrated Contract 2015 34 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 E-4.2 The Department may conduct random surveys or contract with an outside entity to conduct random or structured surveys during the term of the contract to gauge a variety of factors including client satisfaction, location, Provider responsiveness, professionalism,and cultural and linguistic accommodations. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CF Integrated Contract 2015 35 Contract#KG070 (Revised 0 110112 01 6) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT F- METHOD OF PAYMENT F-1 Payment Clause F-1.1 This is a fixed price(unit cost)contract. The Department shall pay the Provider for the delivery of service units provided in accordance with the terms of this contract for a total dollar amount not to exceed $226,065.50,subject to the availability of funds.The annual contract totals shall be, $40,866.50 for State Fiscal Year 2014-2015;$61,733.00 for State Fiscal Year 2015-2016;$61,733.00 for State Fiscal Year 2016-2017,and$61,733.00 for State Fiscal Year 2017-2018 subject to the availability of funds. F•1.1.1 Pursuant to section 215.971, F. S.,as a recipient or subrecipient of federal or state financial assistance,the Provider may expend funds only for allowable costs resulting from obliga5ons incurred from January 1,2015 through June 30, 2018. F-1.1.2 Pursuant to section 215.971,F. S., any balance of unobligated funds which has been advanced or paid must be refunded to the Department. F-1.1.3 Pursuant to section 215.971, F.S.,any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms and conditions of this contract must be refunded to the Department. F-1.2 The Department shall make payments to the Provider for the provision of services at the units and rates shown below, in accordance with the client's care plan. A Service Unit is defined in CFOP 140-8,Community Care for Disabled Adults Operating Procedures,and listed in Sections C-1.2 and D-1. SERVICES UNIT RATE Case Management 1 hour $50.96 Home Delivered Meals 1 meal delivered $6.33 Homemaker 1 hour $23.47 Personal Care 1 hour $23.25 F-1.3 The Provider agrees to provide local matching funds in the amount of$4,590.00 for State Fiscal Year 2014-2015; $6,858.89 for State Fiscal Year 2015-2016;of$6,858.89 for State Fiscal Year 2016.2017 and of$6,858.89 for State Fiscal Year 2017-2018,totaling$25,166.67 for The contract period. F-1.5 Cash or in kind resources may be used to meet this match requirement. F-2 Invoice Requirements F-2.1 The Provider shall request payment through submission of a properly completed Invoice(Exhibit El),within twenty-five (25)days following the end of the month for which payment is being requested. The Provider shall submit to the Contract Manager an original Invoice(Exhibit Ft), along with supporting documentation as previously identified in Paragraph C- 2.6.1 and Paragraph C-2.6.3. Payment due under this contract will be withheld until the Department has confirmed delivery of negotiated services. F-2.2 Payments may be authorized only for service units on the invoice which are in accordance with the above list and other terms and conditions of this contract. The service units for which payment is requested may not either by themselves,or cumulatively by totaling service units on previous invoices,exceed the total number of units authorized by this contract. F-3 Other Payment Consequences F3.1 It is expressly understood by the Provider that any payment due the Provider under The terms of this contract may be withheld pending the receipt and approval by the Department of all financial and program reports due from the Provider as CF Integrated Contract 2015 36 Contract#KG070 (Revised 01/0112016) Monroe County Board of County Commissioners Amendment 0001 a part of this contract and any adjustments thereto. Requests for payment,which cannot be documented with supporting evidence,will be returned to the Provider upon inspection by the Department. F-3.2 The Provider must maintain records documenting the total number of recipients and names(or unique identifiers)of recipients to whom services were provided and the dates the services were provided so that an audit trail documenting service provision can be maintained. F-4 Refer to Exhibit F2-Additional Financial Consequences THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CF Integrated Contract 2015 37 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT F1 MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT vP VE ARt . ti� DEPARTMENT OF CHILDREN AND FAMILIES OFFICE OF ADULT SERVICES .= MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT IQRfA AN N MYf LFA.MI LIES COM PROVIDER FED.ID NAME AND MAILING ADDRESS OF PAYEE CONTRACT AMNT.: REIMBURSEMENT YTD.: CONTRACT BALANCE: DATE: _ ..-..._.. CONTRACT PERIOD OF SERVICE PROVISION: Name of Service Units/ Amount Per Unit or Description of Materials Quantity Episode Total Amount Due Less Any Financial Consequences as per Section F2.1 Total Match Required Total Payment for Contract: Requested This Month YTD Local Cash Match Local In-Kind Total Deductions Remaining Match Balance Signature of Prepared: Date Completed'. Approved By: Tide: "Irthis invoice to for a rem nice contract the request for payment will be Mbmioed by dividing the Impb of the contract into the contracted amount(example: 3l2.000 felbunonl divided by 11 mouths Me knalh oft the counted'VOA payment request). On a cost seimdmemem conmaL the derma ngoat wal be the monthly rWmeaenpense. CHILDREN AND FAMILIES USE ONLY Date Invoice Received: Approved By: Date: ORG EO OW DE SC. AMNT. OCA CF Integrated Contract 2015 38 Contract#KG070 (Revised 01101/2016) Monroe County Board of County Commissioners Amendment 0001 EXHIBIT F2—ADDITIONAL FINANCIAL CONSEQUENCES F2.1 The following financial consequences apply in addition to the Other Payment Consequences provided in Section F-3 of this Contract.The following payment adjustments are detailed below for noncompliance with the Performance Measures in Exhibit E-1. Performance Measures Non-Compliance Financial Payment Adjustment Trigger Consequence Applicable Timeframe Ninety percent(90%)of active clients Funds will be returned to the 1 artment within 30 das with disabilities receiving services will <90% 2%of total contract Dye being notified by the Adult of not be placed in a nursing home by the award expended end of the contract period. Protective Services Program Office of non-compliance. One-hundred percent(100%)of active clients who are suspected of being a Funds will be returned to the victim of abuse,neglect or exploitation o Department within 30 days of 2 will be reported to the Abuse Hotline and <100% 2%of total contract being notified by the Adult an incident report will be sent to the award expended protective Services Program case manager and copied to the Adult Office of non-compliance. Protective Services Specialist& Contract Manager. 10%reduction of the amount of each client's One-hundred percent(100%)of active total monthly charges clients served through this contract will who do not receive at To be deducted from the 3 be provided case management and at <100% least one case reporting month invoice when least one other CODA in-home service management contact the non-compliance occurred. monthly. and at least one other CCDA in-home service monthly. F2.2 Failure of the Provider to perform under the terms of the contract and pursuant to Chapter 201-154,Laws of Florida and section 215.971(1)(c),Florida Statues,shall result in a financial penalty being assess on the Grantee. The Department,after determining the absence of mitigating circumstances,shall assess a penalty as outlined above. F2.2 Whertnotiied of noncompliance or pending financial consequences,the Provider's representative shall attest to and document the adverse circumstances beyond the Provider's control to the regional contract manager. F2.4 The Provider shall provide the reasons for the noncompliance,demonstrate that the issue has been corrected as quickly as reasonably possible and detail the steps that the Provider has put into place to avoid a future recurrence of the noncompliance. In addition,when applicable,the Provider shall demonstrate that any error in reporting of a measure was inadvertent and detail the steps that the Grantee has put into place to ensure accurate reporting. F2.5 Receipt of the attestation by the regional contract manager does not constitute acceptance of the attestation. It is specifically agreed by the parties that written acceptance by the regional contract manager of the sufficiency of the adverse circumstances beyond the Provider's control is a condition of agreeing to waive any or all of the Financial Consequences provided for hereunder, CF Integrated Contract 2015 39 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 ATTACHMENT 1 FINANCE AND COMPLIANCE AUDIT The administration of resources awarded by the Department of Children 8 Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (also known as the OMB Uniform Guidance), Section 200.500- 200.521 and Section 215.97,F.S.,as revised,the Department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Uniform Guidance, Section 200,331, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Departments inspector general,the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Uniform Guidance,Section 200.500-200.521,as revised. In the event the recipient expends$500,000($750,000for fiscal years beginning on or after December 26, 2014)or more in Federal awards during its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB 133 Uniform Guidance, Section 200.500-200.521, as revised. The recipient agrees to provide a copy of the single audit to the Departments Single Audit Unit and its contract manager. In the event the recipient expends less than$500,000 in Federal awards during its fiscal year,the recipient agrees to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families, Federal government (direct), other state agencies, and other non- state entities. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Uniform Guidance, Section 200.500-200.521, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Uniform Guidance, Section 200.500-200.521, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements_relative to auditee responsibilities as provided in Section 200.508 of OMB Uniform Guidance,as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the Department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the Department shall be fully disclosed in the audit report package with reference to the specific contract number. CF 1120(5/412015) CF Integrated Contract 2015 40 Contract#KG070 (Revised 01101/2016) Monroe County Board of County Commissioners Amendment 0001 PART II:STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215 97(2), Florida Statutes. In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year, the recipient must have a State single or project-specific audit conducted in accordance with Section 215.97, Florida Statutes;applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. The recipient agrees to provide a copy of the single audit to the Departments Single Audit Unit and its contract manager. In the event the recipient expends less than $500,000 in State financial assistance during its fiscal year, the recipient agrees to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the state financial assistance expended during its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2),Florida Statutes,and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with the Department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the Department shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract(1 copy) B. Department of Children &Families( 1 electronic copy and management letter,it issued) Office of the Inspector General Single Audit Unit Building 5, Room 237 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Email address: HOW.IG.Single.AuditCo0my0families.com C. Reporting packages for audits conducted in accordance with Uniform Guidance, Section 200.500-200.521, as revised, and required by Part I of this agreement shall be submitted,when required by Section 200.512(d),OMB Uniform Guidance, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at: hltp.11harvester.census.qov/facicollect/ddeindex.html and other Federal agencies and pass-through entities in accordance with Section 200.512 (e), OMB Uniform Guidance, as revised. CF 1120(5142015) CF Integrated Contract 2015 41 Contract#KG070 (Revised 01101/2016) Monroe County Board of County Commissioners Amendment 0001 D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 Email address:flaudgen_localgovt©aud.state.fl.us Providers, when submitting audit report packages to the Department for audits done in accordance with OMB Uniform Guidance, Section 200.500-200.521, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations), Rules of the Auditor General,should include,when available,correspondence from the auditor indicating The date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the Department in accordance with Chapter 10.556(3)or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shalt allow the Department or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued,unless extended in witting by the Department. CF 1120(5/412015) CF Integrated Contract 2015 42 Contract#KG070 (Revised 01/0112016) Monroe County Board of County Commissioners Amendment 0001 ATTACHMENT 2 HEALTH INSURANCE AND ACCOUNTABILITY ACT(HIPPA) This exhibit contains the terms and conditions governing the Provider's access to and use of Protected Health Information and provides the permissible uses and disclosures of protected health Information by the Provider,also called"Business Associate." Section 1. Definitions 1.1 Catch-all definitions. The following terms used in this Attachment shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set,Disclosure,Health Care Operations, Individual, Minimum Necessary,Notice of Privacy Practices, Protected Health Information,Required by Law,Security Incident,Subcontractor, Unsecured Protected Health Information,and Use. 1.2 Specific definitions: 1.2.1 "Business Associate"shall generally have the same meaning as the term"business associate"at 45 CFR 160.103, and for purposes of this Attachment shall specifically refer to the Provider. 1.2.2 "Covered Entity"shall generally have the same meaning as the term'covered entity'at 45 CFR 160.103,and for purposes of this Attachment shall refer to the Department. 1.2,3. "HIPAA Rules"shall mean the Privacy,Security, Breach Notification,and Enforcement Rules at 45 CFR Part 160 and Part 164. 1.2.4. - "Subcontractor'shall generally have the same meaning as the term"subcontractor"at 45 CFR§ 160.103 and is defined as an individual to whom a business associate delegates a function activity,service,other than in the capacity of a member of the workforce of such business associate. Section 2. Obligations and Activities of Business Associate 2.1 Business Associate agrees to: 2.1.1 Not use or disclose protected health information other than as permitted or required by this Attachment or as required by law; 2.1,2 Use appropriate administrative safeguards as set forth at 45 CFR§ 164.308,physical safeguards as set forth at 45 CFR§ 164.310,and technical safeguards as set forth at 45 CFR§ 164.312;including, policies and procedures regarding the protection of PHI and/or ePHI set forth at 45 CFR§ 164.316 and the provisions of training on such policies and procedures to applicable employees,independent contractors, and volunteers,that reasonably and appropriately protect the confidentiality,integrity,and availability of the PHI and/or ePHI that the Provider creates, receives, maintains or transmits on behalf of the Department; 2.1.3 Acknowledge that(a)the foregoing safeguards, policies and procedures requirements shall apply to the Business Associate in the same manner that such requirements apply to the Department,and(b)the Business Associate's and their Subcontractors are directly liable under the civil and criminal enforcement provisions set forth at Section 13404 of the HITECH Act and section 45 CFR§164.500 and 164.502(E)of the Privacy Rule(42 U.S.C. 1320d-5 and 1320d-6),as amended,for failure to comply with the safeguards,policies and procedures requirements and any guidance issued by the Secretary of Health and Human Services with respect to such requirements; CF Integrated Contract 2015 43 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 2.1 A Report to covered entity any use or disclosure of protected health information not provided for by this Attachment of which it becomes aware,including breaches of unsecured protected health information as required at45 CFR 164.410,and any security incident of which it becomes aware; 2.1.5 Notify the Departments Security Officer,Privacy Officer and the Contract Manager as soon as possible, but no later than five(5)business days following the determination of any breach or potential breach of personal and confidential departmental data; 2.1,6 Notify the Privacy Officer and Contract Manager within(24)hours of notification by the US Department of Health and Human Services of any investigations,compliance reviews or inquiries by the US Department of Health and Human Services concerning violations of HIPAA(Privacy, Security Breach). 2.1.7 Provide any additional information requested by the Deparbnent for purposes of investigating and responding to a breach; 2.1.8 Provide at Business Associate's own cost notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential departmental data as provided in section 817.5681, F.S.; 2.1.9 Implement at Business Associate's own cost measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential departmental data; 2.1.10 Take immediate steps to limit or avoid the recurrence of any security breach and take any other action pertaining to such unauthorized access or disclosure required by applicable federal and state laws and regulations regardless of any actions taken by the Department; 2.1.11 In accordance with 45 CFR 164.502(e)(1)(ii)and 164.308(6)(2),if applicable,ensure that any subcontractors that - - - create, receive,maintain,or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information. Business Associate's must attain satisfactory assurance in the form of a written contract or other written agreement with their business associates or subcontractor's that meets the applicable requirements of 164.504(e)(2)that the Business Associate or Subcontractor will appropriately safeguard the information. For prior contracts or other arrangements,the provider shall provide written certification that its implementation complies with the terms of 45 CFR 164.532(d); 2.1.12 Make available protected health information in a designated record set to covered entity as necessary to satisfy covered entity's obligations under 45 CFR 164.524; 2.1.13 Make any amendment(s)to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526,or take other measures as necessary to satisfy covered entity's obligations under 45 CFR 164.526; 2.1.14 Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity's obligations under 45 CFR 164.528; 2.1.15 To the extent the business associate is to carry out one or more of covered entity's obligation(s)under Subpart E of 45 CFR Part 164,comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s);and 2.1.16 Make its internal practices,books,and records available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining compliance with the HIPAA Rules. CF Integrated Contract 2015 44 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 Section 3. Permitted Uses and Disclosures by Business Associate 3.1 The Business associate may only use or disclose protected health information covered under this Attachment as listed below: 3.1.1 The Business Associate may use and disclose the Department's PHI and/or ePHI received or created by Business Associate(or its agents and subcontractors)in performing its obligations pursuant to this Attachment. 3.1.2 The Business Associate may use the Departments PHI and/or ePHI received or created by Business Associate(or its agents and subcontractors)for archival purposes. 3.1.3 The Business Associate may use PHI and/or ePHI created or received in its capacity as a Business Associate of the Department for the proper management and administration of the Business Associate, if such use is necessary(a) for the proper management and administration of Business Associate or(b)to carry out the legal responsibilities of Business Associate. 3.1.4 The Business Associate may disclose PHI and/or ePHI created or received in its capacity as a Business Associate of the Department for the proper management and administration of the Business Associate if(a)the disclosure is required by law or(b)the Business Associate(1)obtains reasonable assurances from The person to whom the PHI and/or ePHI is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person and(2)the person agrees to notify the Business Associate of any instances of which it becomes aware in which the confidentiality and security of the PHI and/or ePHI has been breached. 3.1.5 The Business Associate may aggregate the PHI and/or ePHI created or received pursuant This Attachment with the PHI and/or ePHI of other covered entities that Business Associate has in its possession through its capacity as a Business Associate of such covered entities for the purpose of providing the Department of Children and Families with data analyses relating to the health care operations of the Department(as defined in 45 C.F.R.§164.501). 3.1,6 The Business Associate may de-identify any and all PHI and/or ePHI received or created pursuant to this Attachment,provided that the de-identification process conforms to the requirements of 45 CFR§164.514(b). 3.1.7 Follow guidance in the HIPAA Rule regarding marketing,fundraising and research located at Sections 45 CFR§ 164.501,45 CFR§ 164.508 and 45 CFR§ 164.514. Section 4. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions 4.1 Covered entity shall notify business associate of any limitation(s)in the notice of privacy practices of covered entity under 45 CFR 164.520,to the extent that such limitation may affect business associate's use or disclosure of protected health information. 4.2 Covered entity shall notify business associate of any changes in,or revocation Of, the permission by an individual to use or disclose his or her protected health information,to the extent that such changes may affect business associate's use or disclosure of protected health information. 4.3 Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522,to the extent that such restriction may affect business associate's use or disclosure of protected health information. Section 5. Termination 5.1 Termination for Cause CF Integrated Contract 2015 45 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners Amendment 0001 5.1.1 Upon the Department's knowledge of a material breach by the Business Associate,the Department shall either: 5.1.1.1 Provide an opportunity for the Business Associate to cure the breach or end the violation and terminate the Agreement or discontinue access to PHI if the Business Associate does not cure the breach or end the violation within the time specified by the Department of Children and Families; 5.1.1.2 Immediately terminate this Agreement or discontinue access to PH if the Business Associate has breached a material term of this Attachment and does not end the violation;or 5.1.1.3 If neither termination nor cure is feasible,the Department shall report the violation to the Secretary of the Department of Health and Human Services. 5.2 Obligations of Business Associate Upon Termination 5.2.1 Upon termination of this Attachment for any reason,business associate,with respect to protected health information received from covered entity,or created, maintained,or received by business associate on behalf of covered entity, shall: 5.2.1.1 Retain only That protected health information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; 5.2.1.2 Return to covered entity,or other entity as specified by the Department or, if permission is granted by the Department,destroy the remaining protected health information that the Business Associate still maintains in any form; 5.2.1.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section,for as long as Business Associate retains the protected health information; 5.2.1.4 Not use or disclose the protected health information retained by Business Associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out at paragraphs 3.1.3 and 3.1.4 above under"Permitted Uses and Disclosures By Business Associate"which applied prior to termination;and 5,2.1.5 Return to covered entity,or other entity as specified by the Department or,if permission is granted by the Department,destroy the protected health information retained by business associate when it is no longer needed by business associate for Its proper management and administration or to carry out its legal responsibilities. 5,2.1.6 The obligations of business associate under this Section shall survive the termination of this Attachment. Section 6. Miscellaneous 6.1 A regulatory reference in this Attachment to a section in the HIPAA Rules means the section as in effect or as amended. 6.2 The Parties agree to take such action as is necessary to amend this Attachment from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law. 6.3 Any.ambiguity in this Attachment shall be interpreted to permit compliance with the HIPAA Rules. CF Integrated Contract 2015 46 Contract#KG070 (Revised 01/01/2016) Monroe County Board of County Commissioners