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Item C18 Louis LaTorre, Senior Director Social Services/tabt BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6120-21/01 DIVISION: COMMUNITY SERVICES BULK ITEM: YES X NO DEPARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: Approval of Amendment 002 to Contact KC 071 Community Care For The Elderly between the Alliance For Aging, Inc., 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 decrease the present contract amount by $47,736.00 to ensure that Monroe County In Home Services will not underspend and create a surplus of funds for the Alliance of Aging, which affects PSA 11 as a whole and thus not achieving the PSA II Units Goals set by the Department of Elder Affairs in Tallahassee. PREVIOUS RELEVANT BOCC ACTION: Approval CONTRACT/AGREEMENT CHANGES: Amendment decreases the present contract amount by $47,736.00. The total contract will now be $523,006.00. STAF.F RECOMMENDATION: Approval TOTAL COST: $523,006.00 COST TO COUNTY: $126,000.00 (.;;)(Q% t-\~~ REVENUE PRODUCING: YES X NO AMT,P/LE~ONTH YEAR APPROVED BY: COUNTY A T;Y X OMB/PurJ~ l RISK MANAGEMENT -X L~. R ' BUDGETED: YES~ NO DOCUMENTATION: lNCLUDEDX JA l TO FOLLOW ~_ NOT REQUIRED_ AGENDAITEM#:~ DIVISION DIRECTOR APPROVAL: DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract #KC 071 Amendment 002 Effective Date: July 1, 2000 Expiration Date: June 30, 2001 Contract Purpose/Description: Approval of this amendment will decrease the present contract amount by $47,736.00 to ensure that Monroe County In Home Services will not underspend and create a surplus offunds for the Alliance For Aging, which affects PSA 11 as a whole and thus not achieving the PSA 11 Units Goals set by the Department of Elder Affairs in Tallahassee Contract Manager: Louis La Torre (N ame) 4573 (Ext.) Social Services/Stop 1 (Department/Stop #) For BOCC meeting on 6/20-21/01 Agenda Deadline: 6/6/01 CONTRACT COSTS Total Dollar Value of Contract: $523,006.00 Budgeted? Yes X No D Account Codes: Grant: $ 523,006.00 County Match: $ 126,000.00 Cd to %) Current Year Portion: $ /yr ADDITIONAL COSTS For: (eg, Maintenance, utilities,janitorial, salaries, etc) Estimated Ongoing Costs: $ (Not included in dollar value above) Division Director Risk Management o~purck County Attorney Comments: CONTRACT REVIEW Date In Ce(~/oJ G \ II \ 0 ( ~\ ll\OI (p /11/0/ Changes Needed _ __/ Yes D No [Y' NO~ #\ (p -II-{) ~ YesD YesD Yes D OMB Form Revised 2/27/01 MCP #2 Amendment 002 CONTRACT KC 071 PAGE 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners, hereinafter referred to as the "Provider", amends contract KC 071. The purpose of this amendment is to decrease the total amount under contract by $47,736. 1. Section II, Contract Amount, is hereby amended to read: To pay for contracted services according to the conditions of Attachment 1 in an amount not to exceed $523,006 subject to the availability of funds. The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The schedule of funds awarded to the provider pursuant to this contract is in state grants and aids appropriations and consists of the following: Program Title Year Funding Source CSFA# Fund Amounts Community Care 2000 General Revenue 65010 $523,006.00 for the Elderly TOTAL FUNDS CONTAINED IN THIS CONTRACT: $523,006.00 2. Attachment I, Section II, Paragraph D, Method of Payment, is hereby amended to read: The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service to be Unit of Unit Maximum Maximum Provided Service Rate Units Dollars Case Management 1 client hour $36.66684 2,771 $101,604 Homemaker 1 hour $19.61749 6,653 $130,511 Personal Care 1 hour $23.361278 6,874 $160,585 Respite 1 hour $18.5865 3,965 $ 73,695 Chore 1 hour $24.8184 2,281 $ 56,611 Amendment 002 CONTRACT KC 071 PAGE 2 3. This amendment shall begin on the date on which the amendment has been signed by both parties. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and 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 are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this 2 page amendment to be executed by their undersigned officials as duly authorized. PROVIDER: MONROE COUNTY BOARD OF COMMISSIONERS ALLIANCE FOR AGING, INC. FOR DADE AND MONROE COUNTIES SIGNED BY: SIGNED BY: NAME: NAME: KATE CALLAHAN. PH.D. TITLE: TITLE: PRESIDENT DATE: DATE: FEDERAL 10 NUMBER: 59-6000749 PROVIDER FISCAL YEAR ENDING DATE: 09/30 ("RK'S ORIGINAL Amendment 001 CONTRACT KC 071 PAGE 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners, hereinafter referred to as the "Provider", amends contract KG 071. The purpose of this amendment is to increase the total amount under contract by $2,094.00. 1. Section II, Contract Amount, is hereby amended to read: To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $570,742 subject to the availability of funds. The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The schedule of funds awarded to the provider pursuant to this contract is in state grants and aids appropriations and consists of the following: Program Title Year Funding Source CSFA# Fund Amounts Community Care 2000 General Revenue 65010 $570,742.00 -- for the Elderly 4 TOTAL FUNDS CONTAINED IN THIS CONTRACT: $570,742.00 2. Attachment I, Section II, Paragraph D, Method of Payment, is hereby amended to read: The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service to be Unit of Unit Maximum Maximum Provided Service Rate Units Dollars Case Management 1 client hour $36.66684 3,800.00 $139,334 Homemaker 1 hour $19.61749 8,227.25 $161,398 Personal Care 1 hour $23.361278 5,719.75 $133,618 Respite 1 hour $18.5865 4,000.00 $ 74,346 Chore 1 hour $24.8184 2,500.00 $ 62,046 Amendment 001 CONTRACT KC 071 PAGE 2 3. This amendment shall begin on the date on which the amendment has been signed by both parties. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and 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 are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this 2 page amendment to be executed by their undersigned officials as duly authorized. PROVIDER: MONROE COUNTY BOARD OF COMMISSIONERS ALLIANCE FOR AGING, INC. FOR DADE AND MONROE COUNTIES SIGNED BY. HI RL€.-y SIGNED BY: %1 ~ NAME: MARTY URRA NAME: TITLE: rv\ ALl 9 E::. TITLE: PRESIDENT DATE: /&/;r/ /~ / / DATE: / (- )-(){) JY FEDERAL 10 NUMBER: 59-6000749 PROVIDER FISCAL YEAR ENDING DATE: 09/30 . , ( Contract Number: KC071 COMMUNITY CARE FOR THE ELDERLY CONTRACT 2000-2001 THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners, hereinafter referred to as the "provider". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Allian.ce and the provider, Agreement No. PA29 , and its successor, incorporated herein by reference. The parties agree: I. Provider 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 Attachment 1... of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. C. Final Request for Payment: 1. The provider must submit the final request for payment to the Alliance no later than September 15, 2001; if the provider fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. 2. If the contract is terminated prior to the contract end date of September 30, 2001, then the provider must submit the final request for payment to the Alliance no more than 45 days after the contract is terminated; if the provider fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. II. The Alliance Agrees: Contract Amount: To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $568,648.00, subject to the availability of funds. The Alliance's performance and obligation to pay under this contract is contingent upon 1 r Contract Number: KC071 an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the provider pursuant to this contract are in the state grants and aids appropriations and consist of the following: Program Title Year Funding Source CSFA# Fund Amounts Community Care 2000 General RevenuefTobacco 65010 for the Elderly Settlement Trust Funds S568,648 TOTAL FUNDS CONTAINED IN THIS CONTRACT: $568,648 III. Provider and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 2000 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on September 30, 2001. Delivery of services shall end on June 30, 2001. The contract sha.ll officially end on September 30, . 2001. See Attachment I, Section 111.0. B. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. and Section III. C. of the Master Agreement. C. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the Alliance for this contract is: John L. Stokesberry 9500 South Dadeland Boulevard, Suite 400 Miami, Florida 33156 (305) 670-6500 SC 455-6500 2 ( Contract Number: KC071 2. The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: Louis LaTorre 5100 College Road - Wing "' Key West, Florida 33040 (305) 292-4573 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. 4. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Monroe County Board of CO,mmissioners 5100 College Road - Wing III Key West, Florida 33040 3 { Contract Number: KC071 IN WITNESS THEREOF, the parties hereto have caused this 11 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: MONROE COUNTY BOARD OF COMMISSIONERS BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED (1/ . / -.C~ r--" 1 ~ ....:.t3..' t J A , I"J v~ BY: -~ ... 7/ ..,r ~l t/ NAME: Sh;"'I.~. t ~~<-vY1~ TITLE: /v1 ,A- '/0/<-, '] hr;/riO { I I DATE: FEDERAL 10 NUMBER: PROVIDER FISCAL YEAR END DATE: ALLIANCE FOR AGING, INC. SIGN~ BY: .~ k~ NAME: MARTY URRA TITLE: PRESIDENT DATE: <;1- .2 )-00 59-6000749 9/30 4 ( Contract Number: KC071 ATTACHMENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The CCE Program provides community-based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. II. SERVICES TO BE PROVIDED A. Services: The approved Service Provider Application of Monroe County Board of Commissioners for Community Care for the Elderly funds for July 1, 2000 to June 30, 2001, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the provider, and prescribe the services to be rendered by the provider B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the Service Provider Application for the Community Care for the Elderly funds for July 1, 2000 to June 3D, 2001 of Monroe County Board of Commissioners and the Department of Elder Affairs Client Services Manual. In the event the manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revision. Ill. METHOD OF PAYMENT A. This is a fixed rate - advance funding contract. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106C and 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. B. The provider may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation. justifying cash needs for advances must be submitted with the signed contract and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual 5 Contract Number: KC071 expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT" to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. C. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance at the end of the first quarter of the contract period. D. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service to be Unit of Unit Maximum Maximum Provided Service Rate Units Dollars Case Management 1 client hour $36.66684 3,800 $ 139,334 Chore 1 hour $24.8184 2,500 $ 62,046 Homemaker 1 hour $19.61749 8,227.25 $ 161,398 Personal Care 1 hour $23.361278 5,630 S 131,524 - Respite 1 hour $18.5865 4,000 $ 74,346 E. Contract Amendments: 1. The provider will implement a Modified Spending Authority with the exception of Case Management. Provider is to offer services based on clients' service plans and will not be restricted to providing the services as projected. Additional budget revisions/contract amendments will not be required to move funding among these services, with the exception of Case Management. The total contract amount cannot be exceeded. 2. This contract is for services provided during the 2000/2001 State Fiscal year beginning July 1, 2000 through June 30, 2001, however, the contract is in effect through September 30, 2001 in order to provide for maximization of resources and to allow for greater flexibility to pay for the services rendered by June 30, 2001. Services provided after June 30, 2001 cannot be reimbursed under this contract. 3. The provider will submit a draft closeout report by August 15, 2001. Any contract amendments after August 15, 2001 determined necessary by the Alliance will be based on the draft closeout reports. 6 Contract Number: KC071 4. The final expenditure report and request for payment will be due to the Alliance no later than September 15, 2001. No expenditure reports or requests for payment will be accepted after September 15, 2001. F. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of all financial and programmatic reports due from the provider and any adjustments thereto. IV. SPECIAL PROVISIONS A. State Laws and Regulations: 1. The provider agrees to comply with applicable parts of Rule Chapter 58C-1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Client Services Manual. 2. The provider agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules rel.ated thereto in the Florida Administrative Code. B. Program Income: Program income earned may be spent in the same contract year as earned. Any program income funds not spent may be carried forward and must be spent in the next state fiscal year. C. Outcome Achievement: 1. The Alliance will assign the provider legislatively approved outcome measures. 2. The Alliance will track outcome achievement on a monthly basis and will provide technical assistance or corrective action to'the provider when achievement levels drop or when satisfactory progress is not being achieved. D. Assessment and Prioritization for Service Delivery for New Clients: The Department of Elder Affairs is establishing criteria to prioritize new clients 7 Contract Number: KC071 for service delivery. It is not the intent of the department to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: The provider will ensure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the department or as established in accordance with department contracts by local protocols developed between department service providers and adult protective services. 2. Priority Criteria for Service Delivery: a) individuals in nursing homes unde.r medicaid who could be transferred to the community; b) individuals in nursing homes whose medicare coverage is exhausted and may be diverted to the community; c) individuals in nursing homes which are closing and can be discharged to the community; d) individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours; and, e) individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 3. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's client assessment form administered to each applicant. The most frail individuals not prioritized in groups one or two above, regardless of referral source, will receive services to "the extent funding is available. 8 ~ t Contract Number: KC071 4. Referrals for Medicaid Waiver Services: The provider will be required, through the client assessment, to identify potential Medicaid eligible CCE clients. The provider must refer these individuals to CARES and SSI related payments (if applicable) for approval for Medicaid Waiver services. Individuals pending medicaid waiver eligibility determination should be served with CCE contract funds in the interim. E. Business Hours: The provider must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. F. Match: The provider will assure a match requirement of at least 10 percent of the cost for all services. The provider's match will be made in the form of cash and/or in- kind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly matched. G. Co-payment Collections: 1. The Alliance will hold back 5 percent (5%) of the provider contract amount from the Requests for Payment within the first seven months of the contract year. The amount of funds so held back shall be refeased to a provider upon collection by the provider, by March 15, of 50 percent (50%) of the total co-payments projected for collection by the provider for the contract year. 2. Within three business days of March 15, the Alliance will determine which providers have collected, on or before March 15, 50 percent (50%) of their total projected annual co-payments. The Alliance will release to each such provider all funds so held back from such provider. The Alliance will reallocate all funds held back from providers who fail, by March 15, to collect 50 percent (50%) of their total projected annual co-payments. All such funds held back will be distributed pro rata only to providers who have collected, by March 15, 50 percent (50%) of their total annual projected co-payments. 3. The Alliance will certify to the Department, not later than April 1, that funds held back pursuant to this clause have not been distributed to providers who failed to meet their co-payment collection projections by March 15. Upon 9 I Contract Number: KC071 failure of the Alliance to so certify by Apri/1, the Department will reallocate such funds among the PSA's for distribution to providers who have collected at least 50 percent (50%) of their projected annual co-payments on or before March 15. 4. Co-payments include only the amounts assessed clients or the amounts clients opt to contribute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. H. Care Plans Care plans will be costed out for each client. Projected costs will be provided to fiscal officers to manage resources and compare to actual expenditures for the agency. 10 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Legend: Note # 1: Note # 2: Contract Number: KC071 ATTACHMENT /I COMMUNITY CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Based On Submit to the Alliance On This Date July Advance* July 1 August Advance* July 1 July Expenditure Report August 15 August Expenditure Report September 15 September Expenditure Report October 15 October Expenditure Report November 15 November Expenditure Report December 15 December Expenditure Report January 15 January Expenditure Report February 15 February Expenditure Report March 15 March Expenditure Report April 15 April Expenditure Report May 15 May Expenditure Report/July Adv. Recon.** June 15 June Expenditure Report/August Adv. Recon.** July 15 Draft Closeout Report August 15 Final Expenditure & Request for Payment Report September 15 Closeout Report September 30 * Advance based on projected cash need. ** Submission of expenditure reports mayor may not generate a payment request. If final expenditure report reflects funds due back to the Alliance, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. . 11