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Item C33 '~ff"~ Louis LaTorre, Senior Director Social Services/tabt Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 5/17-18/00 DIVISION: COMMUNITY SERVICES BULK ITEM: YES _X_ NO DEPARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: APPROVAL OF AMENDMENT 003 TO 99-00 HOME AND COMMUNITY BASED MEDICAID WAIVER SPENDING AUTHORITY CONTRACT #KS0012 BETWEEN THE ALLIANCE FOR AGING, INC. , THE AREA AGENCY ON AGING FOR PLANNING AND SERVICES AREA 11 AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERSI MONROE COUNTY SOCIAL SERVICES (MONROE COUNTY IN HOME SERVICE PROGRAM, THE CASE MANAGEMENT AGENCY). ITEM BACKGROUND: This purpose of this amendment is to authorize the Fourth Quarter Spending Authority of $57,731.00, which will increase the total contract dollar amount to $172,334.00. PREVIOUS RELEVANT BOCC ACTION: Approved STAFF RECOMMENDATION: APPROVAL TOTAL COST: $172,334.00 BUDGETED: YES_X_ NO COST TO COUNTY: $-0- REVENUE PRODUCING: YES_ NO.x. AMT.PER MONTH YEAR APPROVED BY: COUNTY A TTY....x. TO FOLLOW__ NO)~EjU~!ij_ AGENDA ITEM#:~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDEDX DISPOSITION: AGENDA DOC TABT MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #KSOO 12 Amendment 003 Contract with:Alliance For Aging. Inc. Effective Date:Januarv 1.2000 Expiration Date:December 31. 2000 Contract Purpose/Description: Approval of Amendment 003 to Home and Community Based Medicaid Waiver Contract to authorize the Fourth Quarter Spending Authority of$57.731.00. which will increase the total contract dollar amount to $172,334.00. Contract Manager:Louis La Torre/tabt (Name) 4572 (Ext.) Social Services (Department) for BOCC meeting on 5/1 7-18/00 Agenda Deadline: 05103/00 CONTRACT COSTS Total Dollar Value of Contract: $172.334.00 Current Year Portion: $N/A Budgeted? Yes[;gJ No D Account Codes: _-_-_-_ Grant: $172.334.00 NA-_-_-_ County Match: $-0- NA-_-_-_ NA-_-_-_ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed _ ~ Reviewer () Division Director "//2" lev Y esO NOI..d'~ 0 0 ~~ '-\/ d< ~ / DO wanagJ~t q\H'\OOYesONO~ CA., W...,~ ~ ~l2h/"" O.M.B./Purchasmg S/2/0() YesDNo[Z( ~tlZv'\. (?1L~ SN~ countYAttorne~S::'6-l9clYeSONO~~~ S-.8":CJa Comments: OMB Form Revised 9/1 1/95 Mep #2 AMENDMENT #003 Spending Authority Contract #KS0012 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, hereafter referred to as the "Alliance", and Monroe County Board of Commissioners, hereinafter referred to as the "case management agency", amends spending authority contract #KS0012. The purpose of this amendment is to increase the Home and Community Based Medicaid Waiver spending authority by $ 57,731, for the State Fiscal Year 1999- 2000. 1. Section II is hereby amended to read: II. The Alliance Agrees: Spending Authority The Alliance authorizes payment in accordance with Attachment 1 to this agreement in the amount of $ 172,334 for the Home and Community Based Medicaid Waiver for SFY 99-00. Authorized spending authority contract allocation to date are as follows: Quarter Dates HCBS First 6/01 - 9/30/99 25,467.33 Second 10/1 - 12/31/99 50,934.67 Third 1/01 - 3/31/00 38,201 Fourth 4/01 - 6/30/00 57,731 TOTAL 172,334 The Case Management agency must not exceed allocated spending authority limits without first obtaining written authorization from the Alliance. The Alliance is responsible for continued monitoring of Case Management agencies to facilitate compliance with this requirement. This amendment shall begin on the date on which the amendment has been signed by both parties. All provisions in the spending authority contract and any of its attachments which may be in conflict with this AMENDMENT are hereby changed to conform with this AMENDMENT. All provisions not in conflict with this AMENDMENT are still in effect, and are to be performed at the level specified in the contract. This AMENDMENT and all its attachment are hereby a part of the contract. . . AMENDMENT #003 Spending Authority Contract #KS0012 Page 2 IN WITNESS THEREOF, the parties hereto have caused this 2-page AMENDMENT to be executed by their undersigned officials as duly authorized. CASE MANAGEMENT AGENCY: MONROE COUNTY BOARD OF COMMISSIONERS AREA AGENCY ON AGING: ALLIANCE FOR AGING, Inc. SIGNED BY: SIGNED BY: NAME: NAME: Martin Urra TITLE: TITLE: Board President DATE: DATE: . i Alv1ENDl\1ENT tmQ2 /~ r · Jpending Authority Contract #KS00 . L. Page 1 THIS A!vIENDMENT, entered into between the Alliance for Aging, hereafter referred to as the "Alliance", and Monroe County Social Services, hereinafter referred to as the "case management agency", amends spending authority contract #KS0012. The purpose of this amendment is to increase the Home and Community Based Medicaid Waiver spending authority by $ 38.201, for the State Fiscal Year 1999-2000. 1. Section II is hereby amended to read: ''t II. The Alliance Agrees: Spending Authority The Alliance authorizes payment in accordance with Attachment 1 to this agreement in the amount of $ 114.603 for the Home and Community Based Medicaid Waiver for SFY 99-00. Authorized spending authority contract allocation to date are as follows: Quarter Dates HCBS First 6/01 - 9/30/99 25,467.33 Second 10/1 - 12/31/99 50,934.67 Third 1/01 - 3/31/00 38,201 Fourth 4/01 - 6/30100 0 TOTAL 114,603 The Case Management agency must not exceed allocated spending authority limits without first obtaining written authorization from the Alliance. The Alliance is responsible for continued monitoring of Case Management agencies to facilitate compliance with this requirement. This amendment shall begin on the date on which the amendment has been signed by both parties. All provisions in the spending authority contract and any of its attachments which may be in conflict with this A1v1ENDJ\1ENT are hereby changed to conform with this ANIENDNlENT. All provisions not in conflict with this A1v1ENDNlENT are still in effect, and are to be performed at the level specified in the contract. This A1v1ENDNlENT and all its attachment are hereby a part of the contract. . - r ~NDMENT itQ.Q2 I Jpending Authority Contract #KSO,-- _.l. Page 2 IN WITNESS THEREOF, the parties hereto have caused this2 page A1vfEND.rvIENT to be executed by their undersigned officials as duly authorized. CASE MANAGE.rvIENT AGENCY: MONROE COUNTY SOCIAL SERVICES AREA AGENCY ON AGING: ALLIANCE FOR AGING, Inc. SIG~~_C' BY: ,T~ .'t ~~NE~~~ N A.rvIE: S /'1/"'/ C v r;..c.~ &to", I TITLE: M "''10.,. / N A.rvIE: Martin U ITa TITLE: Board President DATE: Fc:...(,v<-<_j 1'- 2.-0"," I DATE: 3-07-00 //'. 7~':~~-:""~ ;." \ (SEAl) : ).... G . I i::' r.: D. ..Y'-.KOU BY _ O' ~. ... '.' 4. :~_~:;,K e .~ ( AMBNDrvIENT itQQl Spending Authority Contract #KS0012 Page 1 THIS AMENDMENT, entered into between the Area Agency on Aging Inc., Alliance for Aging, hereafter referred to as the l'Alliance", and Monroe County Social Services, hereinafter referred to as the "case management agency", amends spending authority contract #KS0012. The purpose of this amendment is to increase the Home and Community Based Medicaid Waiver spending authority by $ 50.934.67, for the State Fiscal Year 1999-2000. 1. Section II is hereby amended to read: II. The Alliance Agrees: Spending Authority The Alliance authorizes payment in accordance with Attachment 1 to this agreement in the amount of $ 76.402 for the Home and Community Based Medicaid Waiver for SFY 99-00. Authorized spending authority contract allocation to date are as follows: Quarter Dates HCBS First 6/01 - 9/30/99 25,467.33 Second 1011 - 12/31/99 50,934.67 Third 1/01 - 3/31/00 0 Fourth 4101 - 6/30100 0 TOTAL 76,402 The ase Mana ement aoenc must not exceed allocated s endin authori limits without first obtaining written authorization from the Alliance. The Alliance is responsible for . continued monitoring of Case Management agencies to facilitate compliance with this requirement. This amendment shall begin on the date on which the amendment has been signed by both parties. All provisions in the spending authority contract and any of its attachments which may be in conflict with this AMENDMENT are hereby changed to conform with this AMENDMENT. All provisions not in conflict with this AMENDMENT are still in effect, and are to be performed at the level specified in the contract. . This AMENDMENT and all its attachment are hereby a part of the contract. I-~ - f AMEND!\.1ENT illlill (- Spending Authority Contract #KSOO 12 Page 2 . . IN WITNESS THEREOF, the parties hereto have caused this..2 page AMENDtvrnNT to be executed by their undersigned officials as duly authorized. . CASE MANAGEMENT AGENCY: MONROE COUNTY SOCIAL SERVICES SIGNEDO/ .l).,-S~~ BY: 0,) ;;''-''-.1....,....~~!/...;,/... . (I NAME:sk i r- l~l' r:,...~ ~ YY\0l, Y1 TITLE: m ~yo r / C- hO ,',... t'1'\ C1 n ( . DATE: 0 (- \ q -00 . (SEAl.) ArrEST: DANNY L. f<OlHAGE CLERK BY~ ~&c,Q;~. c:,:'JiYr'_~"" ALLIANCE: ALLIANCE FOR AGING, Inc. . SI~NED //1..7 7- /1/ BY, :..L/~ 'H~_ Martin Urra NAME: Raruona Prisehman:-Ed:--f).;- TITLE: Board President DATE: 2-23-00 ( Contract No. KS0012 Medicaid Waiver SpendiD&Authority Contrad Case Managemmt Agency Monroe County In-Home Social Services (Case ManageTTlt!ntAgt!1lCJ N_J TInS CONTRACT is entered into between the Alliance for Aging, hereinafter- referred to as the "Alliance", and the Monroe County In-Home Social Services, hereinafter referred to as the "case management agency." . _ The 'parties agree: I. The. Case Management Agency Agrees: A. Services to be Provided To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachmentl of this agreement. B. Request for Payment Service provider agencies should sUbmit requests for payment (claims) to the Medicaid fiscal agent within -.QQ days after services have been provided or document reasons for delayed submission of claims which will be made available to the Case Management agency and Alliance upon request; if the service provider fails to submit claims within~ days and fails to document reasons for delayed submission as required, spending authority amounts may be adjusted to reflect the most current claim (expenditure) information available. Future allocations amounts may be contingent on timely submission of claims. C. Conflict of Interest The case management agency hereby agrees that it will develop and implement a policy to ensure that its employees, board members, management, and service providers, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this agreement or when contracting with another entity which will be paid by the funds described in this agreement. A conflict of interest inciudes, but is not limited to, receiving, or agreeing to receive, a direct or indirect benefit, or anything of value from a service provider, client, vendor, or any person wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case management agency must ensure that all individuals make a disclosure to the Alliance of any relationship which may be a conflict of interest, within thirty (30) days of an individual's original appointment or placement on a board, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of the contract. D. Audits and Records 1: To maintain books, records, and documents (mcluding electronic storage media) in accordance 1 Contract No. KS0012 with generally accepted accounting procedures and practices which sUfficiently and properly reflect all revenues and expenditures of funds provided by the AlliaJJr.P- under all contracts under this agreement. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by Alliance, state personnel and other personnel duly authorized by the Department of Elder Affairs, as well as by federal personnel, if applicable. . 3. To maintain and file with the Alliance such progress, fiscal and mventory and other reports as the Alliance may require WIthin the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the contracts incorporating this agreement by reference. '4. To include these aforementioned audit and record keeping requirements in all approved agreements and assignments. .5. The case management agency agrees to respond to requests for client information and statistical data for research and evaluative purposes when requested by the Alliance. E. Monitoring. . 1. To provide progress reports, mcluding data reporting requirements as specified by the Alliance. These reports will be used for monitoring progress or performance of the contractual services as specified in this agreement. 2. The case management agency agrees to coordinate meetings with the service providers as requested by the Alliance when it becomes evident that spending authority amounts are not being properly managed in accordance with this agreement. 3. To permit persons duly authorized by the Alliance to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this agreement or the mission and statutory authority of the department, and/or interview any clients and employees of the case management agency to be assured of satisfactory performance of the terms and conditions of the contract. Following such inspection the Alliance will deliver to the case management agency a list of its concerns with regard to the manner in which said goods. or services are being provided. The case management agency will rectify all noted deficiencies provided by the Alliance within the time set forth by the Alliance, or provide the department with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The Alliance shall determine whether such failure is reasonable and acceptable. The case management agency's failure to correct or justify deficiencies within a reasonable time as specified by the Alliance may result in the Alliance taking any of the actions identified in the Enforcement section, or the Alliance deeming the case management agency's failure to be a breach of contract. 2 . [ ContraaNo. KSOOi2 ll. The Alliance Agrees: Spending Authority . The Alliance authorizes payment in accordance with Attachment I to this agreement iit'the amount of $ 25.467.3~ for the Home and Community Based Medicaid Waiver for the first quarter of SFY 99-00. Case Mana~ement aliencies must not exceed allocated spendini authority limits without first obtaining written authorization from the Alliance. Case Management agency is responsible for continued . ~onitoring of service providers to 'facilitate compliance with this requirement. ID. The Case Management Agency and Alliance Mutually Agree: A. . Effective Date 1. This contract shall begin on July 1. 1999 by both parties, whichever is later. or on the date the contract has been signed 2. This contract shall end on June 30. 2000 B. Termination 1. Termination at Will This agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. . 2. Termination Because of ~k of Funds In the event funds to finanCe this agreement become unavailable, the Alliance may terminate this agreement upon no less than twenty-four (24) hours notice in writing to the case management agency. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Alliance shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the case management agency's breach is waived by the Alliance in writing, or the case management agency fails to cure the breach within the time specified by the Alliance, the Alliance may, by written notice to the case management agency, terminate this agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the Alliance may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. The provisions herein do not limit the Alliance's right to remedies at law or to damages. 3 Contract N.o. KSOO12 4. The provisions herein do not limit the Alli3IEe's right to' remedies at law or to damages, or to legal remedies of an equitable nature. If the Alliance engages any of the enforcement provisions contained in part C below, the Alliance may in its sole discretion determine if the termination of the contract is warranted. c. Enforcement The Alliance may in accordance with section 430.04, Florida Statutes, rescind designation of the case management agency as a provider agency, or take immediate action against the case . management agency, including corrective action, unannounced special monitoring, temporary assumption of the operation of one or more programs, placement of the case management agency on probationary status, imposing a moratorium on case management agency action, imposing financial penalties for non performance, or other administrative action pursuant to Chapter 120 .Florida Statutes, if the Alliance finds that: · An intentional or negligent act of the case management agency has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of an aging services program. · The case management agency lacks financial stability sufficient to meet contractual obligations or that contractual funds have .been misappropriated. · The case management agency has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the Alliance, or the case management agency has committed repeated violations of Department of Elder Affairs standards. · The case management agency has failed to continue the provision or expansion of services after the declaration of a state of emergency. · The case management agency has failed to adhere to the terms of its contract with the Alliance. In .making any determination under this provision, the Alliance may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for breach of this contract is exempt from administrative proceedings and shall be brought to the venue of Miami-Dade County in the appropriate court. Before the Alliance formally rescinds the designation of the case management agency, initiates any intermediate measure, or either party commences equitable or legal action of any sort, both parties agree to engage in informal mediation through a meeting of each party's representatives at a place and location designated by the Alliance. D . Notice and Contact Information 1. The name, address, and telephone number of the contract manager for the Alliance for this contra~t is: 4 _...-~ .( Contract No. KS0012 John L. Stokesbeny Alliance for Aging . 9500 South Dadel3D:i Blvd., Suite 400 Miami, Florida 33156 (305) 670-6500 2. The name, address, and telephone number of the representative of the case management agency responsible for administration of the program under ~s contact is: Louis LaTorre . 5100 Colle:e Road Key West. FL 33040 (305) 292-4572 '3. In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 5