Loading...
Item C08 ?Jf? ~ Louis LaTorre, Senior Director Social Services/tabt Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 1/17-18/01 DIVISION: COMMUNITY SERVICES BULK ITEM: YES X NO DEPARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: APPROVAL OF AMENDMENT 0001 TO THE 10/01/00 THRU 6/30/01 COMMUNITY CARE FOR DISABLED ADULTS CONTRACT KG 032 BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS/MONROE COUNTY SOCIAL SERVICES (MONROE COUNTY IN HOME SERVICE PROGRAM, THE CASE MANAGEMENT AGENCY). ITEM BACKGROUND: The approval of this amendment will change Attachment I, Section B.5.a(3) to read: (3) 95% of clients will be satisfied with services based upon responses to the Department Client Satisfaction Survey. The provider will administer the Department Client Satisfaction Survey to a representative sample of clients in accordance with the table provided below........ PREVIOUS RELEVANT BOCC ACTION: Approval STAFF RECOMMENDATION: Approval ~(b31g~(,o TOTAL COST: $~.OO I BUDGETED: YES X NO COST TO COUNTY: -0- '7(J ~(.,_c~l .~. REVENUE PRODUCING: YES_ NO X AMT.PER MONTH YEAR APPROVED BY: COUNTY ATTY. X OMB/Purch3fi.~Ag X RISK ANAGEMENT Xl ~~. DIVISION DIRECTOR APPRO V A-: -) - 'r DOCUMENTATION: INCLUDED_X DISPOSITION: TOFOLLOW_ NOTf:~~D_ AGENDA ITEM#:~ AGENDA.DOC TABT MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #KG032 Amendment 0001 Contract with:State of Florida Department Effective Date:October L 2000 of Children & Families Expiration Date:June 30, 2001 Contract Purpose/Description:Approval of Amendment 0001 to change Attachment I, Section B.5.a(3) to read: (3) 95% of clients will be satisfied with services based upon responses to the Department Client Satisfaction Survey. The provider will administer the Department Client Satisfaction Survey to a representative sample of clients in accordance with the table provided below.. . . . . . . . . . . . Contract Manager:Louis La Torre/tabt (Name) 4572 (Ext. ) Social Services (Department) for BOCC meeting on 1/17-18/01 Agenda Deadline: 1/3/01 &'3/1fffJ,OD. CONTRACT COSTS &37Kg,(jo Total Dollar Value of Contract: $9"7:o:rr:oo Current Year Portion: $ I Budgeted? Yes~ No 0 Account Codes: tZS- - & 1537 -S3Q<t9o/ &5 &",,17.-- Grant:~OO fs:?317~~,I1C NA-_-_-_ County Match: $'::e- NA- - - ~ 7,o!"~,J0 NA-=-=-= ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For:. (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Ye~D~~~ IL/t/OD Risk Management 'LIf/!aD YeSDNo[i2(~~ ~~"~ I<+')O~' O.M.B./Purchasing ,.z,{III.;o YesDNo~. ~ tl ~ /.,2-/I-cm County Attomey I:L}J:ljOO YeSDNO~d~ If:l~ Division Director Date In \'L-f ~ /00 Comments: CONTRACT #KG032 AMENDMENT #0001 THIS AMENDMENT, entered into between the Florida Department of Children and Families, hereinafter referred to as the "department" , and Monroe County In-Home Services, . hereinafter referred to as the "provider", amends contract KG032. 1. Attachment I, Section B. 5. a. (3) is hereby amended to read: (3) 95 % of clients will be satisfied with services based upon responses to the Department Client Satisfaction Survey. The provider will administer the Department Client Satisfaction Survey to a representative sample of clients in accordance with the table provided below. The table identifies the minimum number of clients for which completed surveys are required in order to report results for the provider's annual caseload at the ninety percent (90%) confidence level, with a five percent (5%) error rate. Annual caseload shall mean all clients who reach a point in their service plans during the year containing a trigger point. Trigger points are the appropriate points in time or service that a client shall be given the Department Client Satisfaction Survey to complete, for example at recertification, six months after admission, case closure, or at some other point. The department will determine trigger points for each affected client group, and contract managers will provide the information to the provider. Sample Sizes for Contract Providers Fiscal Year 2000 - 2001 Number of Clients Served in Required Minimum Sample the Fiscal Year Less than 59 All Clients 59 - 74 58 75 - 100 73 101 - 150 97 151 - 200 115 201 - 250 130 251 - 300 143 301 - 350 153 351 - 500 176 501 - 750 199 751 - 1,000 213 1,001 - 1,500 229 1,501 - 2,000 238 2,001 and over 250 CONTRACT #KG032 AMENDMENT #0001 Satisfaction shall be determined by calculating a percentage of client responses that "agree" or "strongly agree" to the survey question, "Overall, I am satisfied with the services that I received. " 2. This amendment shall begin on December 1, 2000, or the date on which the amendment has been signed by both parties, whichever is later. 3. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with the amendment. 4. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. 5. This amendment and all its attachments are hereby made a part of this contract. IN WITNESS WHEREOF, the parties hereto have caused this 2 page amendment to be executed by their officials thereunto duly authorized. PROVIDER: MONROE COUNTY IN-HOME SERVICES FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED BY: SIGNED BY: NAME: NAME: Charles M. Auslander TITLE: Mayor TITLE: District Administrator DATE DATE FEDERAL ID NUMBER: 59-6000749029 EIJ "C QJ .... QJ QJ ~Q.. ~ S Q U - ~ [W.s :I QJ ~ Q bf) c. >< 0 .,. -lC :I q,j o _ >< .,. <l) "@ E <l) ~ o <l) "@ ::E o ........ '" i:: <l) Co) .~ 'E u <l) q,j '" ..... - "'0 i:: 0 < <l) <l) > .~ .~ :I 'Qj U <<i Co) 0 <l) ..... i:: > ... 0 <l) '-' - - '" c:: <l) c:: <l) ... ~ ... 0. C<3 <l) U Po. ~ 0 0 0 q,j ~ .~ ... Co) <l) u ~ ~ ..c: = (5 ~ co .,. 0 0 0 ;.. 0 Q) 8 ~ Q) = ;.. ;.. ~ 0 -= ~ 0 = bll ~ 0 > - Q) C.) ~ - ~ oz: ~...- ~~= ~Q~ ~... "- ~:c u. ~v ..a @I ~ Q Q M I Q Q Q M ~ ~ > ~ = 00. = o ...... ....... u ~ l".'-l ...... ....... ~ 00. ....... = ~ ...... - U ~ ~ ~ L. ~o~ eM <l) .2 ... "'0 t;;O~ U ~ c:: ~~..... ~ c .- =:::...... en ~ <l) L.L.~ o ~ '" ~o"'" __0 c c..:.:: u ._ Co) E ~ C<3 E c...c o >< <l) U u '" u2, ~ ~ u c.. ~ Z ~~ OIl'" >: g ~- "ii 1.....~ ~ cI5 0 c.. E <l) o <l) u SD ~ C<3 lU .~ e 0 'u .5 "@ ... i: ::; '-' <l) en Z e,:, Z <l) E::: ~ ~< >. - <l) 00<l) g SD'" t:-<: en - c u u U L. - ~ o E L. ::s ~~ c u o ~ "'0 .- ~ t ~ c.. .Q ~ "0 C o c.. ~ U L. U ~ <'II U c: o 0 0 0 o 0 0 0 N o 0 0 0 M o 0 0 0 -::t o 0 0 0 o 0 0 0 ..... "'0 E ~ a <l) ~ "'0 -5 <l) <l) "'0 ... ... <l) "'0 .u ~ "B a E '" . <l) >. 0';:: a ~ ;: ~ 5bE c:: t "'..:.::::s <l) ::s <l).::! Q:) ..c: o Co)::s'" ::: Co) 'E 0" CI.l '" o:S d)~~ ~ .~ :: <l)::: .;:;: -0 tS~~ t ~ c::~bJ)~ C<3 <l) "@;;; <l) ~ 4J U CI1 > - '" CI.l <l) .- ~ c:: E 8 ::: ,g >. ~ _ Po. E _ '" C<3 ::: NM .,f o o o o o o .u Co) s o <l) -5 .8 - <l) OIl o - <l) E ... <.8 >. '" C<3 <l) '" C<3 ::: - ..... tri o 0 o 0 o 0 o 0 o 0 o 0 .u"B {l:a t a <.8..c: E '" o C<3 Co) ::: "'0 - c:: C<3 c:: C<3 <l) U '" C<3 ::: CI.l Co) S o CI.l ~ ^ '" '-' i:: .; c.. E o Co) C<3 "'0 C<3 ..c: .-: -~ :=: ::: -or--: o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 ;z '" 0. ~ <l) - Co) Co) <l)._ .;:;: ..c: ~ ... c <l) ~ <l) en CI.l > t -5 ~...s ..c::_ <l) 0 ::: "'0 .~ <<irE "'0 -5 <l) t.3 ~ E. .~ Co) "'0 <<i. > <l) . en "'0 .~ .& "'0 E ~ '" ~~ C<3'Qj "B:t:: ~-~~ > C<3 c:: = ... Wi) t;] ~ e ~ Od)~<U~ ~..c:..c:>..c: _E-t-O- 000\ 0 - C"-. '" CI.l Co) 'E CI.l '" ... ::s o CI.l > o ... c.. .5 <l) ::: c:: C<3 Co) ::: o :r: - - -. >. q,j E: :I rI} q,j -= - bf) = .... - q,j - ~ 8 o u - cS :I o >. ~ = = -= ~ -<: o u u <l) "'0 o U c:: .9 <<i Co) o z:2 8 ... o "'0 c:: <l) >0.. -::t r- o o o \0 0.. >' ...:l ~ -<( ~ ...:l U E-o Z ; C ..... c o <U ~ ::I <U U t: ... o L. o r.. '" \0 0. ::s o 00 o u~ ",E en 0_ 1/1/99 :;FDA No.. 3rants and Aids XX ,," ~... ClientC8J Non-Client 0 Multi-Districto STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "department," and Monroe County In Home Services hereinafter referred to as the "provider." I. THE PROVIDER AGREES: A. Attachment I To provide services in accordance with the conditions specified in Attachment I. B. Requirements of Section 287.058, FS To provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the contract manager prior to payment. To comply with the criteria and the final date by which such criteria must be met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. Where applicable, to submit bills for any travel expenses in accordance with section 112.061, FS. The department may, if specified in Attachment I, establish rates lower than the maximum provided in section 112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply with this provision shall constitute an immediate breach of contract. C. Governing Law 1. State of Florida law a. That 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 the laws, rules, and regulations of the State of Florida. Each party shall perform its obligations herein in accordance with the terms and conditions of the contract. b. That it understands that the department, the Department of labor and Employment Security, and the WAGES Program State Board of Directors have jointly implemented WAGES, an initiative to empower recipients in the Temporary Assistance To Needy Families Program to enter and remain in gainful employment. Employment of WAGES participants is a mutually beneficial goal for the provider and the department in that it provides qualified entry level employees needed by many providers and provides substantial savings to the citizens of Florida. 2. Federal law a. That if this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations as specified in Attachment I. b. That if this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 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, and Environmental Protection Agency regulations (40 CFR Part 30). The provider shall report any violations of the above to the department. u" c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for the provider, 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.iliA.-. If a Disclosure of lobbying Activities form, Standard Form III 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. d. That unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a). Such violation shall be cause for unilateral cancellation of this contract by the department. e. That 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 as supplemented in Department of labor regulation 41 CFR, Part 60. [45CFR, Part 92] . f. That 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, Public law 103-227. Failure to comply with the provisions of the law may result in ~he impos!tion of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved subcontracts. CF STDCT JF 12/98 1 CONTRACT # KGO~ Ii 'j~';'; D. Audits, Records, and Records' .ention 1. To establish and 'maintain books, records, and do~uments. (includin~ electronic storage media) in accordance With generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures ?f funds provided by the department under this. contract. . . 2. To retain all client records, financial records. supporting docun:ents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a penod of five (5) years after termination of the contract or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall b~ retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in Section I, Paragraph 0.2. above. 4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the department. 5. At all reasonable times for as long as records are retained, persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall be allowed full access to and the right to examine any of the provider's contract and related records and documents, regardless of the form in which kept. 6. To provide a financial and compliance audit to the department as specified in Attachment -1L- and to ensure that all related party transactions are disclosed to the auditor. 7. To include the aforementioned audit and record keeping requirements in all approved subcontracts and assignments. E. Monitoring by the Department To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and services of the provider which are relevant to this contract, and to interview any clients and employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this contract. Following such evaluation the department will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider's performance of the terms and conditions of this contract. The provider will correct all noted deficiencies identified by the department within the specified period of time set forth in the recommendations. The provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of the department, result in anyone or any combination of the following: (1) the provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider by the department; and (3) the termination of this contract for cause. F. Indemnification NOTE: Paragraph I.F.1. and 2. are not applicable to contracts executed between state agencies or subdivisions, as defined in subsection 768.28(2), FS. 1. To be liable for and indemnify, defend, and hold the department and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the provider, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property. 2. That its inability to evaluate its liability or its evaluation of liability shall not excuse the provider's duty to defend and to indemnify within seven (7) days after notice by the department by certified mail. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this provision. The provider shall pay all costs and fees, including attorneys' fees related to these obligations and their enforcement by the department. The department's failure to notify the provider of a claim shall not release the provider of these duties. The proviQer shall not be liable for the sole negligent acts of the department. G. Insurance To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract and any renewal(s) and extension(s) of it. Upon execution of this contract, unless i.t is a state agency or subdivision as defined by subsection 768.28(2), FS, 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 th~ 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. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as specified in Attachment I. 2 CONTRACT # KG031. H. Safeguarding Information Not to use or disclose any information concerning a rec~pient of services under this contract for ~ny purpose not in co~f~rmlty with state reg.ulations and Federal law or regulatl~:ms (45 CFR, Part 205.50), except upon written consent of the recipient, or the responsible parent or guardian when authorized by law. I. Assignments and Subcontracts 1. To ~either assign. the responsibility for this contract to another party n~r subcontract for any of the work ~ontemplated und~r thiS con\ract without prior written approval ,of the department wh!ch shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurnng shall be null and vOid. 2. . To be responsible for all work performed and an expenses incl.!rred with th,e proj,ect. If th.e d~partment permits the prOVider to subc<?ntract all or part of the. ~ork contemplated under thiS contract, Including entering Into subcontracts with vendors for services and commodities, It IS understood by the proVider that all such subcontract arrangements shall be evidenced by a written document subject \0 pri~r review and con:me.nt by the department. Such rev!ew. of the .written subcontract document by the department will be limited to a determination o,f whe\her or not .subcontractlng IS pern:l.ssible, whether the offered subcontractor is acceptable to the department, and the inclUSion of applicable terms and conditions of this contract. The provider further agrees that the department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the provider shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the department against such claims. 3. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to another governmental agency in the State of, Florida, upon giving prior written n~tice to the provider. In the event the State of Florida approves transfer of. the proVider's obligations, t~E7 provl.der remains resp?nslble for all work performed and all expenses incurred in connection with the contract. I,n addition, thiS contract sh~1I b~nd the successors, assigns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of Florida. 4. To make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the department in accordance with section 287.0585, FS, unless otherwise stated in the contract between the provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due, J. Return of Funds To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor discovers that an overpayment has been made, the provider shall repay said overpayment within 40 calendar days without prior notification from the department. In the event that the department first discovers an overpayment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. K. Client Risk Prevention and Incident Reporting 1. That if services to clients will 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 or district operating procedures. 2. To immediately report knOl.'1ledge 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, FS, this is binding upon both the provider and its employees. L. Transportation Disadvantaged To comply with the provisions of Chapter 427, FS, and Chapter 41-2, FAC, if clients are to be transported under this contract. The provider shall submit to the department the reports required pursuant to Volume 10, Chapter 27, DCF Accounting Procedures Manual. M. Purchasing 1. To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, FS, in the same manner and under the procedures set forth in subsections 946.515(2) and (4), FS. 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, (850) 487-3774. 2. To procure any 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, and 287.045, FS, - 3 CONTRACT # KG032 11 II~::! N. Civil Rights Requirements 1. Not to discriminate against any employee in the performance of this contract, or against any applicant for employment, because of age, race, creed, color, disability, national origin, or sex. The provider further assures that all contractors, .subcontra~tors, subgrantees, or others with who~ i~ .arranges to p~ovi~e.se~ices or. benefits to pa~i~ipants Or employees In connection with any of its programs and activities are not dlscrrmlnatlng against those participants or employees because of age, race, creed, color, disability, national origin, or sex. This is binding upon the provider employing fifteen (15) or more individuals. 2. To complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and S, in accordance with HRSM 220-2. This is applicable if services are directly provided to clients and. if 15 or more individuals are employed. O. Independent Capacity of the Contractor 1. To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive responsibility of the department. 2. To act 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. The provider shall not represent to others that it has the authority to bind the department unless specifically authorized in writing to do so. In addition to the provider, this is also applicable to the provider's officers, agents, employees, subcontractors, or assignees, in performance of this contract. 3. Except where the provider is a state agency, neither the provider, its officers, agents, employees, subcontractors, nor assignees are entitled to state retirement or state leave benefits, or to any other compensation of state employment as a result of performing the duties and obligations of this contract. 4. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 5. 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 justified by the provider and agreed to in advance by the department in Attachment I. 6. All 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 responsibility of the provider. P. Sponsorship As requir~d by section 286.25, FS, if the provider is a nOfJgovernmental ~rganization. which ~ponso~s. a. program ~n.anced wholly or In part by state funds including any funds obtained through thiS contract, It shall, In publiCIZing, advertiSing, or describing the sponsorshio of the program state: "Sponsored by (provider's name) and the State of Florrda, Department of ~hildren and F?rnilies.'1 If the sponsorship ref~rence is in wrrtten material, the words "Sti?te ~f Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the organization. Q. Final Invoice To submit the final invoice for payment to the department no more than _4_5_ 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 req.uests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto have been approved by the department. R. Use Of Funds For Lobbying Prohibited To comply with the provisions of sections 11.062 and 216.347, FS, which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. Public Entity Crime Pursuant to section 287.133, FS, the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or servic~s to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a publiC building or public work, may not submit bids 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 busines~ with any public entity in excess of the threshold amount provided in section 287.017, FS, for CATEGORY TvVO for a period of 36 months from the date of being placed on the convicted vendor list. T. Patents, Copyrights, and Royalties 1. If any discovery or invention arises or is developed in the course or as a result of work or services performed under .this contract, or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 4 CONTRACT # KG03I - II II...)"'; 2. In the event that any books, mar, , films, or other copyrig~table materials: produced, the provider shall notify the Department of State. Any and all copyrights accruing under or In connection with the performance under this Contract are hereby reserved to the State of Florida. . ~. .. The provider, with~ut e:<ception. shall indemnify and save harmless the State of ~Iorida and its employees from liabilIty of any nature or kind, Including cost and expenses for or on account of any cOPYrighted, patented, or unpatented invention, process, or article manufactured by the provider. The provider has no liability when such claim is solely and exclusively due to the Department of State's alteration of the article. The State of Florida will provide prompt written notification of claim of copyright or patent infringement. Further, if such claim is made or is pending, the provider may, at its option and expense, procure for the Department of State, the right to continue use of, replace, or modify the article to render it non-infringing. If the provider uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. U. Requirements of Section 20.19, F.S. That the department shall file a lien against the property where facilities are located which have been constructed or substantially renovated, in whole or in part, through the use of state funds. However, the .department is not required to file a lien if the amount of state funds does not exceed S25,000 or 10 percent of the contract amount, whichever amount is less. As a condition of receipt of state funding for this purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. II. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed 563,788.00 , subject to the availability of funds. 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. B. Contract Payment Pursuant to section 215.422, FS, the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 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, a separate interest penalty set by the Comptroller pursuant to section 55.03, FS, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the district fiscal office/contract administrator. Payments to health care providers for hospital, medical, or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of .03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment. C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or 1-800-848-3792, the State of Florida Comptroller's Hotline. Ill. THE PROVIDER AtiD DEPARTMENT MUTUALLY AGREE: A. Effective and Ending Dates This contract shall begin on October 1, 2000 or on the date on which the contract has been signed by both parties, whichever is later. It shall end on June 30,2001 B. Termination: At Will, Because of Lack of Funds, or For Breach or Failure to Satisfactorily Perform Prior Agreement 1. .. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. In the event funds to finance this contract become unavailable, the department may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The department shall be the final authority as to the availability and adl7quacy . of funds. In the event of termination of this contract, the provider will be compensated for any work satlsfactonly completed prior to notification of termination. 5 CONTRACT # KG032 1/1/99 3. This contract may be terminated,"".:! provider's nan-perfo~mance upon no ~. --, than twen~-four (2'~ j ::;'".~ nOdc" in writing to the provider. If applicable, to. _ department may employ the default prov,_.""ns in Chapter 60A-1.r;:;j ('J), j~/\ C- Waiver of breach of anx pro'~isions of this contrac~ shall not be deemed ~~ be a waiyer of any ?t~er breach aneJ;:.,-,11 ',Gt 'b~; constr~ed to be a ~odlfi~tlon of the terms of this cont,ract. The provIsions herein do not limit the departm2: i.;') .-iUf1 t tc remedies at law or In equity. c. Failure_ t~ have performed any contractual obli9?tions with the d~partment in.a man~e:r satisfactor~' to 111,) (~:~:' JI;:;j1~:nt will be a suffiCient cause for termination. To be terminated as a prOVider under this provIsion, the prOVIder mus( ;,:\,}: (I) pievi~usly failed to satisfactorily perform in a contract w.ith the department, been notifi.ed by the depa((mGr:; ,ii' ::h '; unsatisfactory performance, and failed to correct the unsatisfactory performance to the satlsfac,ion of the dep2:. . ..it; 1;,- (2) had a contract terminated by the department for cause. C. Renegotiation or Modification rvtodifications of provisions of this contract shall only be valid when they .have been reql1ced to writing C!nd dull', ":J :e!-., both parties. The rate of payment and the total dollar amount may be adjusted retiOactlvely to renect pnce lel/e! :1 ;c;::;::;.. and changes in the rate of payment when these have been estab ished through the appiopriations prc"::: -C',:: subsequently identified in the department's operating budget. . .. . D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 1. The providername, as shown on page 1 of this 3. The name, address, a:ld telephone nl,lmbe; n' , ccntract, and mailing address of the official payee to wh.')m contract manager for the department for thIS conlr~,,,." . the payment shall be made is: Manroe County In Home ServiCES 5100 Colleqe Road Ke'i West. FL 33040 2. The name of t;le contact person and street address V/he~e financial and administrative records are maintained is: Deloris Simoson ;\k::nroe County In Home Services 5100 Collec;e Road Key West. FL 33040 Theresa Phelan Deoartment of Children and Families 111112th Street #301 Key West. FL 33040 305/292-6810 4. The name) address, and telephone num'.::: r~presentative or the pro'/ider responsible for <,'<(1,':' of the program under this contract is: Deloris Simpson l'vlonroe County In Home Services 5100 Colleqe Road. Key West, FL 33040 305/292-4589 5. Upon change of representatives (names, addresses, te!e,:)hone numbers) by either party, notice shail be;, writing to the other party and the notification attached to the originals of this contract. E. All Terms and Conditions Included This contract and its attachments as refere~ced, -L II and Exhibits A, B, C & 0 Uu ________, contain all the terms and conditiO:"ls agreed upon by the parties. There are no provisions, terms, conditions, \)'~; , 1 :0 other than those contained herein, and thi;; contract shall supersede all previous communications, re!J1e~j:::i:,: I. a~reements, either verbal or written between the parties. If any term or provision of the contract is found to :)" unenforceable, the remainder of the contract shall remain in full force and effect and such term or pravi:i . , stricken. The parties have read the entire contract inclusive of 211 its attachments, as refe;enced in Paragraph; and understa~ld each se_ction and paragraph. lit '/fIT, NESS ,THEREOF, the parties hereto have caused this _3.2_ page contract to be executed by 'tfieL OrrlCla S as du y authOrized. PROVIDER: STATE OF FLORI;)i\ SIGNED BY' NAME: TITLE: Ma'lor DATE: IA 1 . (/ DEPUTY ('" i= STATE AGENCY 9 DIGIT SAMAS CODE: Federal EID #- (or SSN): F596000749029 ~ DEP,<\Rni1ENT OF CHILDREN AND FA'1; SIGNED BY~ ~ ~ ~_, NAME: Charles M. Auslander ~E;< K TiTLE: District Administrator ~4~: / Js 7;0' --'i /,/. ,,/ Provider Fiscal Year E ding Date:~/~ _ _~'-PPROV' ~:,\ f\S TO r"{)~;;,~\: t"../~Ffi9~~i) cm;'! i\~..i:i~.l::.:~ D:::."::~ i...~.;_>.l ~....~......bJ 6 ,;:J,,:J1. 07/01/2000 Community Care for Disabled AdultsIFixed Price .-.- r Adult Services Program ATTACHMENT! A. Services to be Provided 1. Definition of Terms a. Contract Terms (1) Amendment - A document by which substantial changes are made to the terms of an executed contract. (Changes requiring an amendment include, but are not limited to, adjustments in costs, services, time period, and methods of payment. The amendment is incorporated as part of the original contract.) (2) Contract - An agreement between the department and an individual or organization for the procurement of services. (A formal contract consists of the Standard Contract, Program Specific Model Attachment I or Attachment I, plus all attachments or exhibits.) (3) Contract Manager - Either a department or provider employee designated by the contract signer to be responsible for the success of the contract. (The contract manager enforces performance of the contract terms and conditions and often serves as a liaison between the department and the provider.) (4) Department - The Florida Department of Children and Families. (5) District - The Florida Department of Children and Families' territorial division pertains to a geographical service area. (6) Exhibit - A document or material object added to the Program Specific Model Attachment I, or any other district specific attachment 1. (7) Fiscal Year - An accounting period of twelve months; July 1st__ through June 30th. (8) Fixed Price - A payment method used when services can be broken do\V11 into unit costs (e.g., hours, client days), or a fixed fee (e.g., payment based on delivery of a complete service). (9) Invoice - A standardized form used by the provider to request payment from the department. Revised 5/5/2000 7 PSMAI No. GA08 Contract No. KG032 97/01/2000 Community Care for Disabled AdultslFixed Price (-- Adult Services Program (10) Local Match - A contribution, in cash or in kind, specified by the funding source to be used in conjunction with the donation of the funding source, and upon which receipt of that donation is contingent. (11) Method of Payment - A payment specification includes the maximum dollar amount of the contract, the manner in which contract costs will be displayed on invoices, the frequency with which invoices will be submitted to the department, and any special conditions pertaining to payment of contract invoices. (12) Provider - An individual or organization contracted to provide services or materials to the department, in accordance with the terms specified in the contract. b. Program or Service Specific Terms A glossary of approved terms is contained in The Community Care for Disabled Adults Instructional Guide, (CCDA Instructional Guide), Section D, which is maintained as part of the contract file and incorporated herein by reference.. (1) Activities ofJ)aily Living (ADL) - Basic activities performed in the course of daily living, such as dressing, bathing, grooming, eating, toileting, and ambulating around one's own home. (2) Client - Any person at least eighteen years old, but under sixty years of age, who has one or more permanent physical or mental limitations that restrict his ability to perform normal activities of daily living, and impede his capacity to live independently or with relatives or friends without the provision of community-based services. (3) Medicaid Institutional Care Program (MICP) - A program that serves Medicaid recipients who are determined eligible for a nursing home level of care, which provides primary, acute, and long-term care services at capitated federally-matched rates. (The average cost per . client cannot exceed the average general revenue portions of Medicaid nursing home beds within a district.) 2. General Description a. General Statement The Community Care for Disabled Adults (CCDA) program is designed to assist disabled adults, age eighteen through fifty-nine, in utilizing available Revised 5/5/2000 8 PSMAI No. GA08 - Contract No. KG032 .07/01/2000 ,"-- . Community Care fod:lisablt:d AdultslFixed Price ( Adult Services Program community and personal resources to help them remain in their homes, and to prevent them from premature or unnecessary institutionalization. Service providers will ensure that appropriate community-based services (including the duration, frequency, and scope of the care plan) are provided to clients in a manner developed to meet the client's changing needs. b. Authority Sections 410.601-606, Florida Statutes (F.S.), Chapter 65C-2, Florida Administrative Code (F.A.C.), and the annual appropriations act, with any proviso language or instructions to the department, constitute the legal basis for services to be delivered through the CCDA program. c. Scope of Service Services will be targeted toward eligible adults, age eighteen through fifty- nine, in Monroe County, Florida. d. Major Program Goal The community-based services provided under this contract are designed to prevent unnecessary institutionalization of disabled adults. 3. Clients to be Served a. General Description Adults with disabilities, age eighteen through fifty-nine, who are no longer eligible to receive children's services, and are too young to qualify for community and home-based services for the elderly, may be served by the provisions of this contract. b. Client Eligibility (1) Clients must have one or more permanent physical or mental limitations, which restricts the ability to perform normal activities of daily living, as determined through the initial functional assessment and medical documentation of disability. Determination of a disability must be established and evidenced in one of the following manners: (a) The client may present a check, awards letter, or other proof showing receipt of Social Security Disability, or some other disability payment (e.g., Worker's Compensation). Revised 5/5/2000 9 PSMAI No. GAOS Contract No. KG032 ,07/0112000 Revised 5/5/2000 Community Care forJ)isabled AdultsIFixed Price . Adult Services Program (b) The client may present a written statement from a licensed physician, licensed nurse practitioner, or mental health professional, which meets the district's criteria for evidence of a disability. This 'Written statement must, at a minimum, include the client's diagnosis, prognosis, a broad explanation oflevel of functioning, and the interpretation of need for services based on identified functional barriers caused by the client's disabling condition. (2) Clients whose individual incomes exceed the prevailing Medicaid Institutional Care program eligibility standard will be assessed a fee for CCDA services, as found in Rule 65C-2.007, F.A.C. Applicants assessed for a share of the costs may provide volunteer services in lieu of payment. c. Client Determination (1) Clients will be assessed for eligibility determination and prioritized for services by district or provider case management staff in accordance with s. 410.604 (2), F.S. (2) The department will determine client eligibility for this program. The department's contract manager will make the final determination in the event of a dispute regarding client eligibility. (3) 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. d. Contract Limits (1) The total annual cost, estimated or actual, for an individual receiving CCDA services shall not exceed the annual general revenue portion of a Medicaid nursing home bed within the district area. (2) The provider shall deliver services only to those persons who meet program eligibility criteria, and only to the extent the funds are available. 10 PSMAI No. GAOS Contract No. KG032 07/0112000 Community Care fo: ~isabled AdultsIFixed Price f . Adult Services Program B. Manner of Service Provision 1. Service Tasks a. Task List (1) This contract will provide for the following CCDA services. The CCDA Instructional Guide provides descriptions and minimum requirements for each service listed below: (Services are marked accordingly [gJ) OAdult Day Care [glCase Management OEmergency Alert Response [glPersonal Care OHome Health Aide OGroup Activity Therapy [glHomemaker OHome Nursing [glHome Delivered Meals o Interpreter OTransportation OMedical Therapeutic Services ~Chore ORespite OPhysical and Mental Exams OEscort (2) Details of services to be provided under this contract and the negotiated parameters of those services are as indicated in the CCDA Instructional Guide, incorporated herein by reference. b. Task Limits (1) Each district CCDA program shall include case management services and at least one other community service. (2) Respite care may be provided for up to 240 hours per client per calendar year, depending upon individual need. The service may be extended to 360 hours, as recommended by the case manager with.. documentation of approval by their immediate supervisor evident in the case manager's file. (3) 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-8, F.A.C. Revised 5/5/2000 11 PSMAI No. GA08 ContractNo.1;Qill .07/01/2000 Community Care for.nisabled AdultslFixed Price f, Adult Services Program .1\ ..... ./ (4) Homemaker service 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 a client. . (5) Several restrictions apply to persons providing Homemaker Service activities. Persons providing services must not (a) engage in work that is not specified in the Homemaker assignment (b) accept gifts from clients (c) lend or borrow money or articles from clients (d) handle client money, unless authorized in writing by a supervisor or case manager (as evident in the personnel file) and unless bonded or insured by the employer (e) transport clients, unless authorized in writing by a supervisor or case manager. (6) The parameters of service delivery, by type of service, are detailed in the CCDA Instructional Guide. (7) District task limits, which exceed those in the CCDA Instructional Guide, and are distinctive to this contract, are listed here: There are no District specific limits.. 2. Staffing Requirements a. Staffing Levels (1) The provider will notify the department within thirty days whenever the provider is unable, or appears unable, to provide the., required quality or quantity of service because of staff inadequacies. (2) The provider will meet the minimum staffing requirements for each service, as specified in the CCDA Instructional Guide. b. Professional Qualifications The provider will ensure that staff meets the professional qualifications for each service as specified in the CCDA Instructional Guide. Revised 5/5/2000 12 PSMAI No. GAGS Contract No. KG032 07/01/2000 Community Care for "'''':',abled Adults/Fixed Price ( Adult Services Program c. Staffing Changes The provider agrees to notify the department's contract manager within two working days if an administrative position (e.g., executive director) becomes vacant. Planned staffing changes that may affect program objectives, as stipulated in this contract, must be presented in writing to the contract manager for approval at least two weeks prior to the implementation of the change. d. Subcontractors The provider is responsible for the performance of its subcontractors. Copies of all performance monitoring reports shall be made available to the department. 3. Service Location & Equipment a. Service Delivery Location & Times (1) CCDA services may be delivered in the client's home or on-site at a facility, as negotiated by the department and the provider. (2) Facilities delivering on-site services to clients shall pass an annual inspection by the local environmental health and fire authorities. (3) Service providers will meet the minimum service location and time requirements as specified in the CCDA Instructional Guide. (4) Services for this contract will be delivered at the following location(s) and times: SERVICE LOCATION TIME Case Management Client's Home As Needed Homemaking Client's Home As Needed Home Delivered Meals Client's Home As Needed Personal Care Client's Home As Needed .- Chore Client's Home As Needed b. Changes in Location The department and the provider must negotiate location of service delivery, as indicated above. Once the service delivery location is agreed upon, any proposed change must be presented in writing to the contract manager for approval, prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver of this Revised 5/5/2000 13 PSMAl No. GA08 Contract No. KG032 . 07/01/2000 Community Care for;r:\;~abled AdultslFixed Price r Adult Services Program designated standard by the district's program office. Such a waiver will take into consideration the continuity, safety, and welfare of the department's clients, and is at the department's sole discretion. c. Equipment (1) The equipment required to perform the contracted services must be negotiated by the department and the provider. To ensure uniformity, safety, and quality of service to clients, any requests for equipment change must be presented in writing to the contract manager for approval at least ten days prior to any proposed change. (2) The provider must inventory all equipment acquired under this contract annually. The inventory list must be made available within seven days upon receipt of \witten request by the contract manager. 4. Deliverables a. Service Units A service unit is an appropriate, distinct amount of given service, which may include, but is not limited to, an hour or quarter hour of direct service delivery; a meal; an episode of travel; or a twenty-four-hour period of Emergency Alert Response maintenance, as defined in the CCDA Instructional Guide. b. Reports (1) Reporting requirements for this contract include Exhibit A, Monthly Summary Reports and Exhibit B, Quarterly Cumulative Summarv Reports. Districts will negotiate with the provider on specific submission requirement criteria for these reports. (2) Providers of case management services agree to submit quarterly reports, which include management program data (e.g., client identifiable' data) to the department, according to negotiated instructions provided by the districts. The quarterly reports are due according to the following schedule: Quarterly Cumulative Summary Report Due Date three month October 30 six month February 15 nine month April 30 twelve month August 15 Revised 5/5/2000 14 PSMAI No. GAOS Contract No. KG032 07/01/2000 Revised 5/5/2000 Community Care fc:"'"""'isabled AdultsIFixed Price ( Adult Services Program (3) Providers will submit the twelve month Quarterly Cumulative Summary Report, Exhibit B, to the department within forty days after the contract ends or is terminated. This report identifies the total units of service and the total payment received. Any monies paid by the department as a result of an overpayment must be returned to the department with this report. (4) The Provider agrees to submit to the Department Contract Manager an original signed Security Agreement Form(s) CF-114, Exhibit C, for all required personnel no later than thirty (30) days following the execution of this contract or thirty (30) days from date of . employment. All personnel who require access to departmental information must sign the Security Agreement Form prior to receiving access to the information. c. Records and Documentation (1) Case Management provider files shall contain the following: (a) a completed client assessment (not more than one year old) (b) a care plan (not more than one year old) ( c) a release of information form (d) a copy of a completed Client Information System (CIS) form (e) documentation of the client's age, disability, and income (f) a copy of the referral/intake form (g) a case narrative. (2) Providers shall maintain information on each client served by this contract, which includes the following: (a) documentation of the client by name or unique identifier (b) current documentation of eligibility for services (c) number of service units provided (d) dates of service provision and delivery 15 PSMAI No. GA08 Contract No. KG032 07/01/2000 Community Care for Disabled AdultsIFixed Price r Adult Services Program (e) information documenting the client's need to receive services "....... (f) the number of service units provided (g) all other forms or records necessary for program operation and reporting, as set forth by the department. (3) Providers must ensure that all client records match the invoices submitted for payment. Records must track to each invoice for payment. (4) Providers must maintain documentation necessary to facilitate monitoring and evaluation by the department. (5) The case management provider must maintain documentation in the client's file that all existing funding sources have been explored and exhausted before using CCDA funding. 5. Performance Specifications a. Performance Measures (Outcomes and Outputs) (1) 99% of clients will not be placed in a nursing home. (2) 40 clients will be served through this contract. (3) 95 % of clients will be satisfied with services, based on responses to the Department's Client Satisfaction Survey. The provider will survey 100% of its clients. Satisfaction is determined by calculating a percentage of client responses that "agree" and "strongly agree" to question # 1 0, which states, "Overall, I am satisfied with the services that I received. " The provider is required to use the Department's Client Satisfaction Survey and must follow the prescribed process for distribution and collection. The appointed program or district coordinator will provide instructions for the district staff. The district staff will distribute the survey and instructions to the provider. b. Standards Definitions (1) Clients - Eligible individuals who have met the eligibility criteria outline in A.3.b of this Attachment, and who have received case Revised 5/5/2000 16 PSMAI No. GA08 Contract No. KG032 . 07/0112000 Revised 5/5/2000 r Community Care fo~..!:lisabled AdultsfFixed Price ( Adult Services Program management or any of the other services funded through the CCDA program during the fiscal year evaluated. (2) Placed - Assessment of an individual who is no longer able to remain in his present place of residence (To place a client involves preparation for and follow up of moving a client into a more restrictive alternative living environment.) (3) Nursing home - Any facility, which provides nursing services as defined in Chapter 464, and which is licensed in accordance with Chapter 400, F.S. (4) Will be served - The eligible individuals who will receive case management or negotiated service under this contract. c. Monitoring and Evaluation Methodology All monitoring activity performed by the District will be in accordance with CFOP 75-8, Contract Monitoring. (a) By execution of this contract, the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above and will be bound by the conditions set forth below. If the provider fails to meet these standards, the department, at its exclusive option, may allow up to six months for the provider to achieve compliance with the standards. If the department affords the provider an opportunity to achieve compliance, and the provider fails to achieve compliance within the specified time frame, the department will terminate the contract in the absence of any extenuating or mitigating circumstances. The determination of the extenuating or mitigating circumstances is the exclusive determination of the department. (b). The Contract Performance Unit ("CPU") may elect' to perform an on-site administrative and programmatic monitoring during the contract period. At a minimum, an annual desk monitoring will be performed which will be accomplished by a combination of the review(s) of reports or other documentation submitted by the provider, input from service recipients and others, and visits to the site of service delivery for programmatic reVIew. 17 PSMAI No. GA08 -CUl\lIa~1 No. KG032 07/01/2000 Community Care for'p.i.~abled AdultslFixcd Price ( Adult Services Program (c) For on-site monitorings, a random discovery sample of open and closed files will be taken for review. This sample may be increased to a random statistical sample depending on the results of our review. The number of files reviewed will be contingent upon the population size of services rendered. To facilitate the sampling process, upon CPU request, the provider shall submit an universal events listing of all services provid~d under the contract prior to the monitoring visit. (d) A report outlining the department's findings during the on-site monitoring will be submitted to the provider within 30 days of concluding field work with an exit conference. The provider agrees to respond and submit a corrective action plan, ifrequired, within 30 days ofreceiving the department's monitoring report. d. Performance Definitions The contract period is defined as October 1, 2000 through June 30,2001. 6. Provider Responsibilities a. Provider Unique Activities In addition to the approved application or program proposal, 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. b. Coordination \Vith Other ProviderslEntities (1) The case management provider must coordinate, as necessary, with the Vocational Rehabilitation Division of the Department of Labor and Employment Securities, The Developmental Services Office of the Department of Children and Families, the Department of Education, . The Department of Health, and the Human Rights Advocacy Committee, to serve those clients who are eligible for services through two or more service delivery continuums. (2) All providers must comply with the local environmental health and fire authorities' annual inspections. Revised 5/5/2000 18 PSMAI No. GA08 Contract No. KG032 07/01/2000 Community Care fo.~~C'lisabled AdultsIFixed Price { .. Adult Services Program 7. Departmental Responsibilities a. Department Obligations (1) The department will supply all new providers with a copy of the CCDA Program Manual (HRSM 140-8) and the CCDA Instructional Guide. (2) The department will provide CCDA technical assistance to the provider, relative to the negotiated terms of this contract and instructions for submission of required data. b. Department Determinations Should a dispute arise, the department will make the final determination as to whether or not the contract terms are being fulfilled according to the contract specifications. C. Method of Payment 1. Payment Clause a. This is a Fixed Price 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 $63,788.00, subject to the availability of funds. b. The department shall make payment to the provider for provision of services up to the maximum number of units of service at the rates shovvn below: Service Unit Rate Maximum Units _. . -." TotaVDepartment to be Delivered Case Management $39.97/ Hour 410 Hours Homemaker Services $22.78 / Hour 674 Hours Home Delivered Meals $ 4.50/ Meal 5030 Meals Personal Care $27.13/ Hour 314 Hours Chore $28.82/ Hour 31 Hours c. The provider's dollar match for this contract is S7,086.00. Case management and transportation services may be exempt from match requirement at the discretion of each district. Revised 5/5/2000 19 PSMAI No. GAOS Contract No. KG032 07/01/2000 Community Care for..'::lisabled AdultsIFixed Price ( Adult Services Program 2. Invoice Requirements The provider shall request payment through submission of a properly completed Invoice, Exhibit D, within 15 days following the completion of all terms and conditions for the delivery of service under this contract. If the provider fails to do so, all right to payment is forfeited, and the department will not honor any requests submitted after the aforesaid time period. Payment due under this contract will be withheld until the department has approved the final product. Replication of the form via data processing equipment is permissible; replications must include all data elements included on the departmental form. 3. Supporting Documentation a. The provider shall submit an original invoice for payment to the contract manager on a monthly basis. The due date for these invoices is the 15th day of the month following the month being reported. b. 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 a part of this contract and any adjustments thereto. Requests for payment that cannot be documented with supporting evidence will be returned to the provider upon inspection by the department. c. 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. 4. Medicaid Billing The department and the provider specifically agree and acknowledge that the Medicaid program is the payor of last resort and: a. in no event shall the provider bill the Medicaid program for services or expenses for Medicaid recipients for which the provider has already been paid by any other liable third party, and b. provider services covered under the Florida Medicaid program for Medicaid recipients may be billed to the Medicaid program by the provider, unless the provider is already being paid by any other liable third party, and Revised 5/5/2000 20 PSMAI No. GAD8 Contract No. KG032 07/01/2000 Community Care for"'>:sabled AdultsIFixed Price , . Adult Services Program c. authorized provider services to non-Medicaid recipients, or for non- Medicaid covered services, may only be billed to the department or any other non-Medicaid first or third party payor, and d. the provider shall identify and report Medicaid earning separate from all other fees, and e. Medicaid earnings cannot be used as local match, and f. the provider will ensure that Medicaid payments are accounted for in compliance with federal regulations, and g. in no event shall both Medicaid and the department be billed for the same servIce. D. Special Provisions 1. Fees a. The provider will collect fees for services provided according to Rule 65C- 2.007, F.A.C. b. No fees shall be assessed other than those set by the department. Fees collected in compliance with the department directives will be disposed of in a manner prescribed by the department. 2. Florida Statewide Advocacy Council The provider agrees to allow properly identified members of the Florida Statewide Advocacy Council, formerly the Human Rights Advocacy Committee, access to the facility or agency and the right to communicate with any client being served, as well as staf~ or volunteers who serve them in accordance with s. 402.1 65(8)(a) & (b), F.S. Members of the Florida Statewide Advocacy Council shall be free to examine all- . records pertaining to any case unless legal prohibition exists to prevent disclosure of those records. 3. Information Technology Resources. All contract providers must adhere to the Department's procedures 'and standards when purchasing Information Technology Resources (ITRs) as part of this contract. These resources will revert to the Department at the conclusion of the contract. ITRs are data processing hardware, software, service, supplies, maintenance, training, personnel, and facilities. The provider agrees to secure prior written approval through the contract Revised 5/5/2000 21 PSMAI No. GAD8 Contract No. KG032 07/01/2000 Community Care fc--"isabkd AdultsIFixed Price ( Adult Services Program manager from the District Management Systems Director for the purchase of any ITR. The provider will not be reimbursed for any purchase made prior to this v..rritten approval. 4. Provider Proposal Provider proposal is hereby incorporated by reference for programmatic assurance of service provision. This proposal will be part of the contract manager's file. 5. Morals Clause The provider understands that performance under this contract involves the expenditure of public funds from both the state and federal governments, and that the acceptance of such funds obligates the provider to perform its services in accordance with the very highest standards of ethical and moral conduct. Public funds may not be used for purposes of lobbying, or for political contributions, or for any expense related to such activities, pursuant to Section I R of the Standard Contract of this contract. . The provider understands that the Department is a public agency which is mandated to conduct business in the sunshine, pursuant to Florida Law, and that all issues relating to the business of the Department and the provider are public record and subject to full disclosure. The provider understands that attempting to exercise undue influence on the Department and its employees to allow deviation or variance from the terms of this contract other than negotiated, publicly disclosed amendment, is prohibited by the State of Florida, pursuant to Section III C of the Standard Contract. The provider's conduct is subject to all state and federal laws governing the conduct of entities engaged in the business of providing services to government. 6. Year 2000 Compliance 'Warranty (Existing Hardware and Software) The provider shall warrant that their existing hardware and software shall not experience abnormal ending and/or produce invalid or incorrect results in the operation of the business of the State after the turn of the century. In the event of any recognition, calculation, or indication of century problems related to the Year 2000, the provIder shall warrant that they will make all code adjustments necessary at no cost to the State in order to ensure that the code and databases are "Year 2000 Compliant". The warranty shall be in effect until December 31, 2000 or one year after system reconfiguration, which ever is later. Year 2000 compliant: "Year 2000 compliance" means that information resources meet the following criteria and/or perform as described. a. Data structures (databases, data filed, etc.) provide 4-digit data century recognition. Example: "1996" provides "data century recognition", "96 does not. Revised ~/5/2000 22 PSMAI No. GADS Contract No. KG032 07/01/2000 Community Care fo~'>:\;sablcd AdultsfFixed Price ( Adult Services Program b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. c. Calculations and program logic accommodate both same century and multi- century formulas and data values. Calculations and logic include (but are not limited) sort algorithms, calendar generations, event recognition, and all processing actions that use or produce data values. d. Interfaces (to and from other systems or organization) prevent non-compliant dates and data from entering or exiting any state system. e. User interfaces-(i.e. screens, reports, etc.) accurately show 4-digit years (if critical to business functions). f. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. 7. Year 2000 Compliance Warranty-{New Hardware and Software Purchases) For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Provider warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the provider and purchased by the State, for which provider is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1,2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan. 1,2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after-the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by provider at provider's cost within a timeframe mutually agreed upon with the State. Provider cannot be held responsible for errors resulting from devices or Revised 5/5/2000 23 PSMAI No. GAD8 Contract No. KG032 .07/01/2000 Community Care for ""'''''abled AdultsIFixed Price f Adult Services Program systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non- Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. 8. Year 2000 Remedy Clause In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and providers or Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of the licensee, time being of the essence. 9. ReseIlers All products bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan. 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements by the State, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. 10. Incident Reporting All providers will be required to document reportable incidents, as set forth in CFOP 215-6, paragraph 3, in the following manner: a. The provider must fill out an incident report, as set forth in CFOP 215-6, for each incident occurring during the administration of its program. b. A copy of the incident report must be placed in a central file marked "Incident Report", in each client's file involved in the incident and imm~diately forward a Revised 5/5/2000 24 PSMAI No. GA08 Contract No. KG032 -- 07/01/2000 Community Care fo.:'<;\isabled AdultsIFixed Price l Adult Services Program copy of the incident report to the contract manager for the Department. The contract manager shall then be responsible for dissemination of the incident report to the program office. c. If the incident report is an emergency in that the provider is aware that the health, safety or welfare of any person has been threatened or may be in imminent danger, the provider shall make telephonic contact with the department program office immediately. 11. Emergency Pl:ln The provider shall be responsible for the care, maintenance and, if necessary, the relocation of clients during any natural disaster or period of civil unrest. The provider shall submit its emergency plan to the Department for approval at the time of submission of the agency's proposal and must be updated on a yearly basis. In case of evacuation, the emergency plan must identify the method of evacuation, the address of the emergency or shelter facility to be utilized, and the method of notification of the . Department of the evacuation. 12. CCDA Medicaid Waiver Transfers By January 1, 2001, the provider will assess all clients being served through t~is CCDA contract for possible transfer to services provided through the CCDA Medicaid Waiver program. Contract funding will be evaluated at that time to determine if any funding can be moved to the CCDA Medicaid Waiver program. Revised 5/5/2000 25 PSMAI No. GA08 Contract No. KG032 ;..-... ( ~ FLORI DA DEPARTMENT OF CHILDREN & FAMILIES Exhibit A Fiscal Year 2000-2001 Community Care for Disabled Adults Monthly Summary Report Name of Contract Manager: Contract Number: District: 11 B Month Being Reported: I. Expenditures (1) Total contracted CCDA dollars: (2) Total amount spent this month: (3) Expenditure Percentage Y-T-D: Unduplicated Client Count This Month: II. Services Number of Clients Units Provided This Name of Service Receiving This Service Month Cost Per Unit -- . .... ..~. . 2~ f ' @(LORIDA DEPARTMENT OF CHIL.PREN ~ & FAMILIES Exhibit 8 Fiscal Year 2000-2001 Community Care for Disabled Adults Quarterly Summary Report District: Name of Contract Manager: Phone Number: SC Reporting Period: 3 Month 6 Month 9 Month 12 Month Local I. Expenditures (1) Total CCDA dollars: (2) Total expenditures this quarter: (3) Total expenditures spent to date: (4) Encumbrances *: (5) Balance: II. Report Prepared By: III. Phone Number: 27 ~"C'H ILApREN & FAMILIES EXHIB IT C SECURITY AGREEMENT FORM The Department of Children and Families has authorized you: Employee's Name/Organization to have access to sensitive data through the use of computer-related media (e.g. printed reports, microfiche, system inquiry, on-line update, or any magnetic media). Computer crimes are a violation of the department's disciplinary standards and, in addition to departmental discipline, the commission of computer crimes may result in felony criminal charges. The Florida Computer Crimes Act, Chapter 815, Florida Statutes, addresses the unauthorized modification, destruction, disclosure, or taking of information resources. · I have read the above statements and have been provided a copy of the Computer Related Crimes Act, Chapter 815, F.S. e By my signature, I acknowledge that I have received, read and understand Chapter 815, F.S., and have received any necessary clarification from my supervisor. · By my signature, I acknowledge that it is the policy of the Department of Children and Families that under no circumstances shall any contract employee have access or be allowed access to IRS tax information. Such access, if allowed, would be in violation of the Internal Revenue Code 7213 and may be punishable by fine and/or imprisonment. I understand that a security violation may result in criminal prosecution according to the provisions of Chapter 815, F.S., and may also result in disciplinary action against me according to the provisions in the Employee Handbook. The minimum security requirements are: ~ Personal passwords are not tobe disclosed. · Information is not to be obtained for my own or another person's personal use. Print Employee's Name Signature of Employee Date Print Supervisor's Name Signature of Supervisor Date 2~ Distribution of Copies;.. Original - Personnel File/Contract File Copy - security File Copy - Employee ;F 114. JF 11/99 DEPARTMENT OF CHILDREN AND FAMILIES Exhibit 0 OFFICE OF FAMILY SAFTEY MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT PROVIDER FED. 10 # NAME AND MAILING ADDRESS OF PAYEE: CONTRACT AM NT.: REIMBURSEMENT YTD.:_ CONTRACT BALANCE: DATE: CONTRACT#: PERIOD OF SERVICE PROVISION: NAME OF SERVICE UNITS! AMOUNT PER UNIT! TOTAL AMOUNT OR DESCRIPTION OF MATERIALS QUANTITY EPISODE DUE TOTAL TOTAL MATCH REQUIRED PAYMENT FOR CONTRACT: REQUESTED THIS MNTH. YTD. LOCAL CASH MATCH r\ FLORIDA DEPARTMENT OF LOCAL IN-KIND ~ CHILDREN TOTAL DEDUCTIONS .S? & FAMILIES REMAINING MATCH BALANCE SIGNITURE OF PREPARER APPROVED BY DATE COMPLETED TITLE "IF rH1S INVOice IS FOR. A Flxeo PRICE CONTRACT. THE REOUEST FOR PAYMaNT WIl.l. Be. OErERMINEO BY OIVIOINC THE LENGTH OF THE CONTRACT INTO THE CONTRACTEO AMOUNT (!:X...SI2.aOO(ALLOCATlONI OIVIOEO 8'1' 12 MONTHS (THE LENGTH OF THE CONTRACTI'"SI,OOO PAY,'.IENT REQUEST) ON.-It. COST REIMBURSEMENT CONTFt.l.CT THE PAY,\'tENT RECUEST WILL BE THe MONTHLY RECUEST EXPENSE. CHILDREN AND FAMILIES USE ONLY DATE INV. RCD. APPROVED BY: DATE IORG EO OBJ DESC. AMNT. IOCA 21 .~,.... ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT This attachment is applicable if the provider is any state or local government entity, non-profit organization, or for-profit organization. For State or local government entities, a Single Audit performed by the Auditor General shall satisfy the requirements of this attachment. If the provider does not meet any of the requirements below, no audit is required by this attachment. PART I: FEDERAL AUDIT REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. The reporting package shall include a schedule that discloses the amount of expenditures by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on contract requirements' including any rules, regulations, or statutes referenced in the contract. The reporting package shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and amounts due to the department shall be fully disclosed in the report with reference to the department contract involved. . For recipients who are subject to both Part (and Part II below, the audit must also address applicable State audit requirements. PART II: STATE REQUIREMENTS In the event the recipient expends a total amount of State financial assistance to carry out state projects equal to or in excess of $300,000 in any fiscal year of such recipient; the recipient must have a Single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State funds received from the Department of Children & Families, except that amounts received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 07/01/2000 3-D I \ . .(''''' t 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(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. The r.eporting package shall include a schedule that discloses the amount of expenditures by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on contract requirements including any rules, regulations, or statutes referenced in the contract. The reporting package shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and amounts due the department shall be fully disclosed in the audit report with reference to the specific contract involved. PART III: SUBMISSION OF REPORTS For any of the above requirements, copies of the audit report and any management letter by the independent auditors 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 occ'urs first, directly to each of the following, unless othc:rwise required by Florida Statutes: A. Contract manager for this contract Theresa Phelan, Contract Manager Depa.rtment of Children and Families I I I I 12th Street, Suite 30 I Key West, FL 33040 B. District office: Contract Compliance Unit Attention: Audit Review Analyst 40 I NW 2nd A venue Suite # N-921 Miami, FL 33128 C. Copies of reports for audits conducted in accordance with OMB Circular A- I 33, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A- I 33, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse designated in OMB Circular A- I 33, as revised (the number of copies required by Sections .320(dXI) and (2), OMB Circular A-I33, as revised, should be submitted to the Federal Auditing Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 120 I East lOth Street Jefferson, IN 47 I 32 and Other Federal agencies and pass-through entities in accordance with Sections .320(e) and (t), OMB Circular A-133, as revised. 07/01/2000 3,/ ( 1"--:-' f 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 Auditor General's Office at the following address: State of Florida Auditor General Attn: Ted J. Sauerback Room 574, Claude Pepper Building III West Madison Street Tallahassee, Florida 32302-1450 PART IV: RECORD RETENTION The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. . 07/01/2000 ~v