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Item C12 rf?~~~ Louis LaTorre, Senior Director Social Services/tabt BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 11/20-21/01 DIVISION: COMMUNITY SERVICES BULK ITEM: YES X NO DEPARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: Approval of Amendment 001 to Contract KH 172 for the 2nd Quarter of the Home Care For The Elderly for Fiscal Year 7/1/01 thru 6/30/02 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 to this contract will allow Monroe County In Home Services to continue providing the necessary services without interruption to the clients that are eligible to receive services under this Grant and prevent premature institutionalization., PREVIOUS RELEVANT BOCC ACTION: Approval CONTRACT/AGREEMENT CHANGES: N/A STAF.F .l{ECOMMENDATION: Approval TOTAL COST: $1,818,50 (lst & 2nd Quarter Case Management) BUDGETED:YES X NO COST TO COUNTY: $1,116.62/16% (lst & 2nd Quarter Case Management) REVENUE PRODUCING: YES NO--1L AMT.PERMONTH YEAR APPROVED BY: COUNTY A TTYl OMB/Purchasing l RISK MANAGEMENT -X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED~ TO FOLLOW NOT REQUIRED_ AGENDA ITEM#: / -;;;-;~2 DISPOSITION: Rev ised 2/27/0 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, [nc, Contract #KH 172 Amendment 001 Effective Date: July 1, 2001 Expiration Date: June 30, 2002 Contract Purpose/Description: Approval of Amendment 001 to Contract KG 172 for the 2nd Quarter of the Home Care For The Elderly Contract for Fiscal Year 7/1/01 thru 6/30/02 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), Contract Manager: f)fJt-') - i 1 ~~ Louis La Torre 'j/ "V (Name) , . 4573 (Ext.) Social Services/Stop 1 (Department/Stop #) For BOCC meeting on 11/20-21/01 Agenda Deadline: 11/01/0 1 CONTRACT COSTS Total Dollar Value of Contract: $1,818.50 (1st & 2nd Quarter Budgeted? Yes X No 0 Account Codes: Grant: $ 1,818,50 (1st & 2nd Quarter Case Management County Match: $ 1,116,62/16% (1st & 2nd Quarter Case Mgmt Current Year Portion: $ CF/u51-5f3CJ1190 C 5 ()/6Cj - Estimated Ongoing Costs: $ (Not included in dollar value above) /yr ADDITIONAL COSTS For: (eg. Maintenance, utilities, janitorial. salaries, etc) CONTRACT REVIEW Division Director Date In i C /I~/O/ Changes Needed Yes 0 No~ Date Out Risk Management 'D~ 15 -0, O,M,B./Purchasing 10,,"", \ vl County Attorney l o( z,z.--I 01 Yes 0 NoQ/ Yes 0 No 0/" --tJtl ~ Yes 0 No JY" It /;5'/0 I l 0-15"DI ,drJP (~ Comments: OMB Form Revised 2/27/01 MCP #2 AMENDMENT 001 Contract KH172 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc, hereafter referred to as the "Alliance," and the Monroe County Board of Commissioners, herereafter referred to as the "recipient," amends contract KH172, The purpose of this amendment is to increase the contract amount by $16,645,25 and increase corresponding services, 1, Section II, is hereby amended to read: II. The Alliance Agrees: Contract Amount: To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $33,290.50 for the second quarter of State Fiscal Year 2001/2002, 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 passed through the Department of Elder Affairs, The costs of services paid under any other contract or from any other source are not eligibie for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consists of the following: Program Title Year Funding Source CSFA# Fund Amounts Home Care for 2001 General Revenue 65001 $33,290,50 the Elderly TOTAL FUNDS CONTAINED IN THIS CONTRACT: $33,290,50 2, ATTACHMENT III, Budget Summary, Page 11, deleted and replaced with revised Page 11, attached hereto, This amendment shall begin on the date on which the amendment has been signed by both parties, All provisions in the contract and any of its attachments which may be in conflict with this AMENDMENT are hereby changed to conform with this AMENDMENT. All provisions not in conflict with this AMENDMENT are still in effect, and are to be performed at the level specified in the contract. This AMENDMENT and all its attachment are hereby a part of the contract. AMENDMENT 001 Contract KH172 Page 2 IN WITNESS THEREOF, the parties hereto have caused this 3 page AMENDMENT to be executed by their undersigned officials as duly authorized, PROVIDER: MONROE COUNTY BOARD OF COMMISSIONERS ALLIANCE FOR AGING, INC, SIGNED BY: SIGNED BY: NAME: NAME: Kate Callahan. Ph.D, TITLE: TITLE: President DATE: DATE: FEDERAL EMPLOYER 10 NUMBER 59-6000749 PROVIDER FISCAL YEAR END DATE 09/30 APPROVED AS TO FORM AND L~L SUFFIC~ BY C--..~~ ~ANNE A., HUT%N """TE - I (J/;-1 I AMENDMENT 001 Contract KH 172 Page 3 A TT ACHMENT III HOME CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY QUARTER DATES HCE Subsidies HCE Case* TOTAL ManaQement First 6/1-9/30/01 $15,736,00 $909,25 $16,645,25 Second 10/1-12/31/01 $15,736,00 $909,25 $16,645,25 Third 1/1-3/31/02 Fourth 4/1-6/30/02 TOTALS .,'. $31,472,00 $1,818,50 $33,290.50 * Case management budget line item can not be increased, ALLIANCE FOR AGING, INC, FOR DADE AND MONROE COUNTIES CERTIFICATION FOR RETROACTIVE PAYMENT A. BACKGROUND Sub-recipient contracts are updated yearly to reflect any pertinent changes required as a result of new contract terms or programmatic and/or administrative requirements set down by the Department of Elder Affairs for the Alliance and its sub-recipients. Due to the late date on which the Alliance received its HCE contract for 2001-2002 from the Department, the sub-contract with Monroe County Social Services was not forwarded to the sub-recipient until June 27, 2001, B. JUSTIFICA TION Although an executed contract was not in place until August 2, 2001 the sub-recipient is requesting payment for services provided to clients between July 1 and August 1, 2001, The procurement policies followed by the Alliance for payment of contractual services make allowance for retroactive payment when timely execution of a contract can not be achieved due to unforeseen circumstances beyond the control of the Alliance and its sub-contractor. The health and welfare of elderly consumers must also be at risk, Since needed services were provided to existing clients, the provider's request for retroactive payment should be granted since the expense was incurred in good faith for services approved in the Service Provider Application submitted to the Alliance for 2001. C, CERTIFICATION Approval for retroactive payment is granted for services rendered to HCE clients during the time period in question. Payment shall be on a one-time basis only. SIGNED BY: - ~ GJ~ .) NAME STEVEN WEISBERG TITLE EXECUTIVE DIRECTOR. ALLIANCE FOR AGING. INC. 7!Dl!u} , ., DATE CLERK'S ORIGINAL 07/01/01 Contract Number KH 172 HOME CARE FOR THE ELDERLY CONTRACT 2001-2002 THIS CONTRACT is entered into between the Alliance for Aging, Inc" hereinafter referred to as the "Alliance", and the Monroe County Board of Commissioners, hereinafter referred to as the "recipient", This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the recipient, Agreement No, PA 129, and its successor, incorporated herein by reference, The parties agree: I. Recipient 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 I 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 recipient must submit the final request for payment to the Alliance no later than September 15, 2002; if the recipient 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, 2002, then the recipient must submit the final request for payment to the Alliance no more than 45 days after the contract is terminated; if the recipient 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: 1 07/01/01 Contract Number KH 172 Contract Amount: To pay for contracted services according to the conditions of Attachment I In an amount not to exceed $16,645.25 for the first quarter of State Fiscal Year 2001/2002, 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 funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consists of the following: Program Title Year Funding Source CSFA# Fund Amounts Home Care for 2001 General Revenue 65001 $16,645,25 the Elderly TOTAL FUNDS CONTAINED IN THIS CONTRACT: $16,645.25 III. Recipient and Alliance Mutually Agree: A. Effective Date: 1, This contract shall begin on July 1, 2001 or on the date the contract has been signed by both parties, whichever is later, 2, Delivery of services shall end on June 30, 2002, This contract shall end on September 30,2002, 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. Recipient Responsibility: Notwithstanding the pass through language contained in Section I.S,1, of the Master Agreement, the recipient maintains responsibility for the performance of all subrecipients in accordance with all applicable federal and state laws, 2 07/01/01 Contract Number KH 172 D. Notice, Contact, and Payee Information: 1, The name, address, and telephone number of the contract manager for the Alliance for this contract is: Steven Weisberg 9500 South Dade/and Boulevard, Suite 400 Miami, Florida 33156 (305) 679-6500 SC 455-6500 2, The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this contact is: Louis LaTorre 5100 College Road - Wing III 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 (recipient 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 Commissioners 5100 College Road - Wing /11 Key West, Florida 33040 3 07/01/01 Contract Number KH 172 IN WITNESS THEREOF, the parties hereto have caused this 11 page contract to.be executed by their undersigned officials as duly authorized, RECIPIENT: MONROE COUNTY BOARD OF COMMISSIONERS BOARD PRESIDENT OR AUTHORIZED DESIGNEE ~(;'-.e ~~d NAME: ~'&1&.,t. NCCUC,@t{f Nt 4YfJ f2- 7 !r~/6J( / ' DEPUT CLERK FEDERAL 10 NUMBER: RECIPIENT FISCAL YEAR END DATE: ALLIANCE FOR AGING, INC, SIGNEDA- B~/~#/L~L-- ~~ KATE CALLAHAN, PH.D. TITLE: PRESIDENT DATE: ~~~yc) I 59-6000749 09/30 4 07/01/01 Contract Number KH 172 A TT ACHMENT I HOME CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Home Care for the Elderly (HCE) Program encourages the provision of care in family-type living arrangements in private homes on a not for profit basis as an alternative to nursing home or other institutional care, II. SERVICES TO 8E PROVIDED A. Services: The recipient's service provider application for state fiscal year 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 recipient, and prescribe the services to be rendered by the recipient. 8. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2001 and the Department of Elder Affairs Client Services Manual dated 12/98. In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed rate reimbursement for approved services, The recipient must ensure fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required, All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106H and 105H, 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, 8. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request. 5 07/01/01 Contract Number KH 172 C. The recipient may request a monthly advance for service costs for each of the first three months of the contract period, based on anticipated cash needs, Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file, All payment requests for the fourth through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is A TT ACHMENT II 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, D. Advance funds may be temporarily invested by the recipient 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, E. 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 Provided Unit of Service Unit Rate Maximum Units Maximum Dollars Case Management 1 client hour $40,865168 22,25 $909,25 F. Contract Amendments: 1, The recipient agrees to implement the distribution of funds as detailed in the service provider application and the Budget Summary, A TT ACHMENT III to this contract. A contract amendment is required to change the total amount of the contract. With written notice to the Alliance's contract manager, funds may be moved from the Case Management budget category to the Subsidies category, The Case Management budget category can not be increased, 2, This contract is for services provided during the 2001/2002 State Fiscal year beginning July 1, 2001 through June 30, 2002, however, the contract is in effect through September 30, 2002 in order to provide for maximization of resources and to allow for greater flexibility to pay for the services rendered by June 30, 2002, Services provided after June 30, 2002 cannot be reimbursed under this contract. 6 07/01/01 Contract Number KH 172 3, The recipient will submit a draft closeout report by August 15, 2002, Any contract amendments after August 15, 2002 determined necessary by the Alliance will be based on the draft closeout reports, - 4, The final expenditure report and request for payment will be due to the Alliance no later than September 15, 2002, No expenditure reports or requests for payment will be accepted after September 15, 2002, G. 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 recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: 1, The recipient agrees to comply with applicable parts of Rule Chapter 58H-1, Florida Administrative Code promulgated for administration of Sections 430,601 through 430,608, Florida Statutes, and the Department of Elder Affairs Client Services Manual dated 12/98, 2, The recipient agrees to comply with the provisions of Sections 97,021 and 97,058, Florida Statutes, and all rules related thereto in the Florida Administrative Code, 8. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery, It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery, 1, Priority Criteria for Service Delivery: a) individuals in nursing homes under 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 or in receivership and can be discharged to the community; d) individuals whose mental or physical health condition has deteriorated 7 07/01/01 e) Contract Number KH 172 to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours; or, individuals who have been assessed and are pending enrollmerit in the Long Term Care Community Diversion Project. 2, Priority Criteria 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 consumer assessment form administered to each applicant. The most frail individuals not prioritized in the group above, regardless of referral source, will receive services to the extent funding is available, C. Consumer Information, Registration and Tracking System (CIRTS): 1, The recipient will ensure the collection and maintenance of Home Care for the Elderly (HCE) subsidies and case management information on a monthly basis from the Consumer Information, Registration and Tracking System (CIRTS), Maintenance includes valid exports and backups of all data and systems according to department standards, 2, The recipient must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month, HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month, Case management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month or case management units of service may be entered according to the recipient schedule, in aggregate on the 31 st or daily, weekly or monthly, 3, The recipient will ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is run, 4, The recipient will ensure the Monthly Utilization Report, by consumer and by worker identification is verified, corrected, certified no later than the 20th of the month in which the report is generated, 5, The recipient will ensure caregivers determined eligible for the HCE basic subsidy after the 15th of a month, will be processed to begin eligibility for the HCE basic subsidy on the 1 st day of the next month, 8 07/01/01 6, The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. Contract Number KH 172 7, The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. 9 07/01/01 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Legend: * ** Note # 1: Note # 2: Contract Number KH 172 A TT ACHMENT " HOME CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Based On July Advance* August Advance* September Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report/July Adv, Recon, ** June Expenditure Report/August Adv, Recon,** Draft Closeout Report Final Expenditure and Request for Payment Report Closeout Report Submit to The Alliance On This Date July 1 July 1 August 1 August 15 September 15 October 15 November 15 December 15 January 15 February 15 March 15 April 15 May 15 June 15 July 15 August 15 September 15 September 15 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 department, 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 three months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first three months of the contract. 10 07/01/01 Contract Number KH 172 ATTACHMENT III HOME CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY QUARTER DATES HCE Subsidies HCE Case TOTAL Management First 6/1-9/30/01 $15,736,00 $909,25 $16,645,25 Second 10/1-12/31/01 Third 1/1-3/31/02 Fourth 4/1-6/30/02 TOTALS 11 Page 10f 1 HCE CONTRACT - Summary of contract changes for SFY 2001/2002 Standard Contract Changes 1 Header updated for new contract year and contract number, 2 Updated Master Agreement Number in first paragraph, 3 Sections I, C, and II, - Updated dates for new contract year, 4. Section III.A. - Updated contract begin and end dates, 5 Section III.C, - Added "Recipient Responsibility: Notwithstanding the pass through language contained in Section I.S,1, of the Master Agreement, the recipient maintains responsibility for the performance of all subrecipients in accordance with all applicable federal and state laws, 6. Substituted the word "recipient" for "provider" throughout the contract. 7, Substituted the word "subrecipient" for "subcontractor" throughout the contract. 8. Substituted the word "consumer" for "client" throughout the contract. A TT ACHMENT r Changes 1. Section II.A. and B, - Updated date for contract year, 2, Section II.B, and IV,A - Added "dated 12/98," 3, Section 1I1.A. - Reworded method of payment clause to be consistent with changes made in 2001 OM contract. Added - "The recipient must ensure fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required," 4. Section III. B, - Added clause "The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request" as in the change to the 2001 OM contract. 5, Section Ill.C, - Added "for service costs" in the first sentence and "approved by the Alliance" in the second sentence, 6, Section III,F,1, - Reworded to read "A contract amendment is required to change the total amount of the contract. With written notice to the Alliance's contract manager, funds may be moved from the Administration and Case Management budget categories to the Subsidies category, The Case Management budget category can not be increased," 7, Section II1.F,2, - Updated dates for new contract year, 8, Section I/I.G, - Added "including any disallowance not resolved as outlined in Section I.T. of the Master Agreement." 9. Section IV. - Deleted Special Provision clauses for Surplus/Deficit report, Business Hours, and Outcome Achievement because these clauses are in the Master Agreement. Deleted Program Income clause, 10. Section IV,B, - Changed wording of first sentence to read "The following are the criteria to prioritize new consumers for service delivery," 11. Section IV, B,1.c) - Added "or in receivership", 12. Section IV, B,1,d) - Changed word "and" to "or", 13, Section IV,C,3, - Deleted" and received by the recipient", ATTACHMENT III - CHANGES Changed budget for quarterly amendments to the contract.