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Item C16 K4-~ Louis LaTorre, Senior Director Social Services/tabt BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 5/15-16/02 DIVISION: COMMUNITY SERVICES BULK ITEM: YES X NO DEP ARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: Approval of Amendment 003 to Contract KC-l71 for the Community 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 Soard of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, The Case Management Agency). ITEM BACKGROUND: The approval of this contract amendment is to award the 4[0 Quarter funding in the amount of$114,282.25 (includes a decrease in funds based on the state appropriation for SFY 2001/2002). Approval of Contract KC 171, Amendment 001 and PREVIOUS RELEVANT BOCC ACTION: Amendment 002 CONTRACT/AGREEMENT CHANGES: Additional Funds for 4d, Quarter STA~'~' RECOMMENDATION: Approval TOTAL COST: $475,169.00 (Fiscal Year) COST TO COUNTY: $ 96,479.72 (Fiscal Year) BUDGETED: YES-2L NO REVENUE PRODUCING: YES X NO_ AMT.PER MONTH YEAR APPROVED BY: COUNTY A TTYl OMS/Purchasing l RISK MANA DOCUMENTATION: INCLUDED X -.X DIVISION DIRECTOR APPROVAL: NOT REQUIRED AGENDA ITEM#: C /? DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract #KC 171 Amendment 003 Effective Date: July 1,2001 Expiration Date: June 30, 2002 Contract Purpose/Description: Approval of Amendment 003 to Contract KC-171 for the Community Care For The Elderly Contract for Fiscal Year 7/1/01 thm 6130/02 between the Alliance For Aging Inc., and the Monroe County board of County CommissionerslMonroe County Social Services (Monroe County In Home Service Program, The Case Management Agency). Contract Manager: Louis La Torre (Name) 4573 (Ext. ) Social Services/Stop I (Department/Stop #) For BOCC meeting on 5/15-16/02 Agenda Deadline: 5/1 0/02 CONTRACT COSTS Total Dollar Value of Contract: $475,169.00 (Fiscal Year) Budgeted? Yes X No 0 Account Codes: Grant: $ 475,169.00 (Fiscal Year) County Match: $ 96,479.72 (Fiscal Year) cU[i5t Year Portion: $ I.. -\015&0- ~30.Y91L-<2.PO l o~ Estimated Ongoing Costs: $ (Not included in dollar value above) /yr ADDITIONAL COSTS For: (eg. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Date In Division Director i.i II 8/02- Risk Management 4 ...)3- Cd- O.M.B./Purchasing 'i /0JDL- County Attorney 6/01/0 v Changes Needed / YesD No~ YesD NoC}/ Yes 0 No~ No~ Yes 0 Comments: OMB Form Revised 2/27/01 MCP #2 Date Out AMENDMENT 003 Contract KC-171 Page1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc., hereafter referred to as the "Alliance," and the Monroe County Board of Commissioners, hereafter referred to as the "recipient," amends contract KC-171. The purpose of this contract amendment is to award fourth quarter funding in the amount of S 114,282.25 (includes a decrease in funds based on the state appropriation for SFY 2001/2002). Corresponding services are adjusted according to the adjustments in funding. 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 $475,169.00, 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 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 FundinQ Source CSFA# Fund Amounts Community Care 2001 General RevenuelTobacco 65010 $475,169.00 for the Elderly Settlement Trust Funds TOTAL FUNDS CONTAINED IN THIS CONTRACT: $475,169.00 2. ATTACHMENT III, Budget Summary, is hereby replaced with a revised Budget Summary" 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 003 Contract KC-171 Page2 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: Steven Weisberg. M.S. TITLE: TITLE: President/CEO DATE: DATE: 59-6000749 09/30 AMENDMENT 003 Contract KC-171 Page3 ATTACHMENT III COMMUNITY CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY QUARTER DATES Case CCE Core TOTAL Management Services First 6/1-9/30/01 $23,426.50 $99,875.75 $123,302.25 Second 10/1-12/31/01 $23,426.50 $99,875.75 $123,302.25 Third 1/1-3/31/02 $23,426.50 $90,855.75 $114,282.25 Fourth 4/1-6/30/02 $23,426.50 $90,855.75 $114,282.25 TOTALS $93,706.00 $381,463.00 $475,169.00 AMENDMENT 002 Contract KC.171 Page1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc., hereafter referred to as the "Alliance," and the Monroe County Board of Commissioners, hereafter referred to as the "recipient," amends contract KC-171. The purpose of this contract amendment is to award third quarter funding in the amount of $114,282,.25 (includes a decrease in funds based on the state appropriation for SFY 2001/2002), add new contract clauses and revise contract clauses. Corresponding services are adjusted according to the adjustments in funding. 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 $360,886.75, 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 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 Community Care 2001 General Revenuerrobacco 65010 $360,886.75 for the Elderly Settlement Trust Funds TOTAL FUNDS CONTAINED IN THIS CONTRACT: $360,886.75 2. ATTACHMENT I, Section II.A. is hereby amended to read: II. SERVICES TO BE PROVIDED A. Services: 1. 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. 2. Expenditures for case management, service coordination and case aide must not exceed ninety-five percent (95%) of the State Fiscal Year 2000/2001 expenditure level for these services or the lead agency's prorated share of the $448,200.00 statewide legislative reduction whichever is the lesser amount. This reduction must not be applied to any other service category. AMENDMENT 002 Contract KC-171 Page2 3. Reductions in services as a result of the decrease in funds shall be made by attrition of consumers as they are terminated from the CCE Program for reasons other than this funding reduction or because the CCE consumer is transferred to another funding source. This funding decrease shall not result in termination of to existing CCE consumers as a means of managing the funding reductions. 4. Consumers may not be enrolled into a department state general revenue funded program, including CCE, who are also enrolled in a Medicaid capitated long term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9, and the Program of All Inclusive Care for the Elderly (PACE) program planned to begin operations in the Miami-Dade County area. 3. ATTACHMENT I, Section IV, Paragraphs B., B.3., and B.S. are hereby amended to read: B. 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 to remove existing clients from any services in order to serve new clients being assessed and prioritized for service delivery. 3. 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 and can be discharged to the community; or, 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. 5. Referrals for Medicaid Waiver Services: a) The recipient must identify, through the consumer assessment, potential Medicaid eligible CCE consumers and refer these individuals to CARES and SSI related payments (if applicable) for approval for Medicaid Waiver services. b) Individuals who have been identified as being potentially Medicaid Waiver eligible are required to apply for Medicaid Waiver services in order to receive GCE services and can only receive GCE services while the Medicaid Waiver eligibility determination is pending. If the consumer is found ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, they may continue to receive GGE services. AMENDMENT 002 Contract KC-171 Page3 c) Individuals who have been identified as being potentially Medicaid Waiver eligible must be advised of their responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. 4. ATTACHMENT III, Budget Summary, Page 12, is hereby deleted and replaced with revised Page 12, 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. IN WITNESS THEREOF, the parties hereto have caused this 4 page AMENDMENT to be executed by their undersigned officials as duly authorized. PROVIDER: MONROE COUNTY BOARD OF COMMISSIONERS ALLIANCE FOR AGING, INC. ,. ,{~~ , f " .. j Ir Y1 i ~~-~?- ~~ ~ lv'~ SIGNED BY: NAME: c4~ S /'11\ e UYf NAME: Steven Weisberg, M.S. TITLE: ,iV\ 1~'1b~ TITLE: President/CEO DATE: --:S/~2/2-- / I DATE: ~I 'bJ,o~ APPROVED AS TO FOR;...... . ," .' i AN~ ..~.t".;.. ..:. ~-:,. .. _.~.:;" ,C .._', :c::. ,. f :'. ~"..e.,.:;:,'; cO',. ~,SEAl) UZA~.~. UTTON'::: \>:;..~...;... -~\'o.~::::.. ,,\TT~5T. "7 ,\. ,_... .-:-- "' -. DATE 'j l"f/-r[/L '~::;:-.:.~;::::-f~ G"",//::y FEDERAL EMPLOYER 10 NUMBER 59-6UUU/49~~-:---'~~:Y' PROVIDER FISCAL YEAR END DATE 09/30 AMENDMENT 002 Contract KC-171 Page4 A TT ACHMENT III COMMUNITY CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY QUARTER DATES Case CCE Core TOTAL Management Services First 6/1-9/30/01 $23,426.50 $99,875.75 $123,302.25 Second 10/1-12/31/01 $23,426.50 $99,875.75 $123,302.25 Third 1/1-3/31102 $23,426.50 $90,855.75 $114,282.25 Fourth 4/1-6/30/02 TOTALS $70,279.50 $290,607.25 $360,886.75 CLERK'S UG1NAL AMENDMENT 001 Contract KC 171 Page1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc.. hereafter referred to as the "Alliance," and the Monroe County Board of Commissioners, hereafter referred to as the "recipient," amends contract KC 171. The purpose of this amendment is to increase the contract amount by S123,302.25 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 S246,604.50 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 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: Pro ram Title Community Care for the Elderl ' I Year 2001 CSFA# 165010 TOTAL FUNDS CONTAINED IN THIS CONTRACT: Fund Amounts I S246,604.50 S246,604.50 2. ATTACHMENT III, Budget Summary, Page 12, is hereby deleted and replaced with revised Page 12, 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 oerformed at the level specified in the contract. ' This AMENDMENT and all its attachment are hereby a part of the contract. AMENDMENT 001 Contract KC 171 Page2 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: ft SIGNED BY: ~~-~.z" ~k7'Lb- NAME: cLfA2J-~,S IV) C(fi'-/ tf:~ NAME: Kate Callahan. Ph.D TITLE: tl' A- Y fl. 1:), I \ i/ t:..- TITLE: President -';:'"-':-~~. ".' DATE: I I. 17-, ,,1 '/1 /,'.ic.-{)." DATE: c9/;..?Jce 6' I (SEAL) :~:[:LJt1n::~ et;tw! . DEPUTY CLERK - FEDERAL EMPLOYER 10 NUMBER 59-6000749 PROVIDER FISCAL YEAR END DATE 09/30 AMENDMENT 001 Contract KC 171 Page3 ATTACHMENT III COMMUNITY CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY QUARTER I DA TES Case CCE Core TOTAL Management Services First I 6/1-9/30/01 523.42650 599.875.75 5123.302.25 Second I 10/1-12/31/01 523.42650 599,87575 5123.302.25 Third I 1/1-3/31/02 I Fourth I 4/1-6/30/02 I I TOTALS I 546.853.00 5199.75150 5246,604.50 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 or Elder Affairs for the Alliance and its sub-recipients. Due to the late date on which the Alliance received its CCE 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. JUSTIFICATION Although an executed contract was not in place until August 2, 2001 the sub-recipient is requesting payment for serJices 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 or 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 GGE clients during the time period in question. Payment shall be on a one-time basis only. SIGNED BY: r:-a-,. ) ~"'-' U--<,,~ ") STEVEN WEISBERG NAME TITLE EXECUTIVE DIRECTOR. ALLIANCE FOR AGING. INC. 1/(1)0) DATE Page 10f 2 CCE 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 II. - Added - "for the first quarter of State Fiscal Year 2001/2002" 5 Section III.A. - Updated contract begin and end dates. 6 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. 7. Substituted the word "recipient" for "provider" throughout the contract. 8. Substituted the word "subrecipient" for "subcontractor" throughout the contract. 9. Substituted the word "consumer" for "client" throughout the contract. ATTACHMENT I Changes 1 . Section II.A. and B. - Updated date for new contract year. 2. Section II.A. - Added "Expenditures for case management, service coordination and case aide must not exceed ninety-five percent (95%) of the State Fiscal Year 2000/2001 expenditure level for these services or the lead agency's prorated share of the $448,200.00 statewide legislative reduction whichever is the lesser amount. This reduction must not be applied to any other service category." Section II. B. and IV.A. - Added "dated 12/98." 4. 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." 5. 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." 6. Section III.C. - Added "for service costs" in first sentence. Added "and approved by the Alliance" in second sentence. 7. Section III.F.3. - Updated dates for new contract year. 8. Section III.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. Reordered special provision clauses. Deleted Program Income clause. 10. Section IV. A. - Added - "The recipient agrees to comply with Sections 430.201 through 430.207, Florida Statutes, including as amended for Fiscal Year 2001-2002, Section 430.204(1 )(b) which states "in each county having a population over 2 million, the department shall fund, through each area agency on aging, more than one community care service system the primary purpose of which is the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based core services" and Section 430.205(1 )(b) which states "in each county having a population over 2 million, the department, through the area agency on aging, shall fund in each planning and service area more than one community care service system that provides case management and other in-home and community services as needed to help elderly persons maintain independence and prevent or delay more costly institutional care." 1 '. Section IV.B. - Changed wording of first sentence to read "The following are the criteria to prioritize new consumers for service delivery." 12. Section IV. B.2. - Added new receivership clause: The recipient will ensure that pursuant to Section 400.126,(12), Florida Statute, those elderly persons determined through a CARES assessment to be a resident who could be cared for in a less restrictive setting or does not meet the criteria for skilled or Page 20f 2 CCE CONTRACT - Summary of contract changes for SFY 2001/2002 Intermediate care in a nursing home. the recipient will ensure the resident is referred for such care, as appropnate for the resident. Residents referred pursuant to this subsection shall be given pnmary :onsideratlon for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Florida Statute 13 Section IVB 3.d) - Changed word "and" to "or'. 14 Section IVB.5. - Changed clause to read "The recipient must require subreclpients. through the consumer assessment. to identify potential Medicaid eligible CCE consumers and to refer these individuals to CARES and SSI related payments (if applicable) for approval for Medicaid \Naiver services. Individuals identified as potentially Medicaid Waiver eligible can only be served with department contract funds while pending Medicaid Waiver eligibility determination." 15 Section IVC.3. - Added clause "Co-payments collected in the CCE program must be used to expand services and can not be used as part of the local match, " 16 Section IV. E. - Added - Service Cost Reports: The recipient will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates." 17. Section IV.F. - Added "Compliance with Florida Statute Sections 430.204(1 )(b) and 430.205(1 )(b): Whereas Dade County, Florida has a population over 2 million, the department is required to fund, through the area agency on aging, more than one community care service system per the amendments to State Fiscal Year 2001-2002 Florida Statutes, Sections 430.204(1 )(b) and 430.205(1 )(b). 1. The area agency on aging will submit a plan including tasks, timelines and staff responsible for each task no later than July 15, 2001 to implement the State Fiscal Year 2001-2002 amendments to Florida Statutes, Sections 430.204(1 )(b) and 430.205(1 )(b). This plan must include a request for proposal process to implement funding of more than one community care service system in Dade County, which includes an analysis of unmet needs and a provision for addressing the culturally distinct populations of Miami-Dade County. 2. The area agency on. aging will submit a copy of the recipient's request for proposal to implement these provisions to the department's contract manger no later than August 15, 2001. 3. The area agency on aging will complete the request for proposal process and be in receipt of proposals no later than October 1, 2001, for an award announcement no later than November 15, 2001. 4 The area agency on aging will complete the contract process to implement the amendments to Florida Statutes. Sections 430.204(1 )(b) and 430.205(1 )(b) no later than January 1,2002. 5. The area agency on aging will amend the contract with the recipient to pay for services according to the conditions contained in this contract for second through fourth quarters contingent upon approval of the reports identified in Attachment I, Section IV, Paragraph E. 1. through 4. above. ATTACHMENT '" ::r, ded budget for quarterly amendments to the contract. CLERK'S ORIGINAL 07/01/01 Contract Number KC 171 COMMUNITY 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 department no later than September 15, 2002; if the recipient fails to do so, all right to payment is forfeited, and the department 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. 1 07/01/01 Contract Number KC 171 II. The Alliance Agrees: Contract Amount: To pay for contracted services according to the conditions of Attachment I In an amount not to exceed $123,302.25 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 Community Care 2001 General RevenuefTobacco 65010 $123,302.25 for the Elderly Settlement Trust Funds TOTAL FUNDS CONTAINED IN THIS CONTRACT: $123,302.25 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 KC 171 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 Oadeland Boulevard, Suite 400 Miami, Florida 33156 (305) 670-6500 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 III Key West, Florida 33040 3 07/01/01 Contract Number KC 171 IN WITNESS THEREOF, the parties hereto have caused this 12 page contract to be executed by their undersigned officials as duly authorized. RECIPIENT: MONROE COUNTY BOARD OF COMMISSIONERS BOARD PRESIDENT OR AUTHORIZED DESIGNEE ~?(- ~ ~~ct NAME: . DE?' CLERK FEDERAL 10 NUMBER: RECIPIENT FISCAL YEAR END DATE: ALLIANCE FOR AGING, INC. - ~~~:~b;;4:s~a~ ~/2-r NAME: KATE CALLAHAN, PH.D. TITLE: PRESIDENT DATE: ;:'S~pC'/ 59-6000749 09/30 4 07/01/01 Contract Number KC 171 ATTACHMENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM I. ST A TEMENT OF PURPOSE The Community Care for the Elderly (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 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. Expenditures for case management, service coordination and case aide must not exceed ninety-five percent (95%) of the State Fiscal Year 2000/2001 expenditure level for these services or the lead agency's prorated share of the 5448,200.00 statewide legislative reduction whichever is the lesser amount. This reduction must not be applied to any other service category. B. 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 106C and 10SC. 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. S 07/01/01 Contract Number KC171 B. 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. C. The recipient may request a monthly advance for service costs 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, approved by the Alliance, 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 expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT 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 Unit of Unit Maximum Maximum Provided Service Rate Units Dollars Case Management 1 hour $39.27326 596.50 $23,426.50 Chore 1 hour 529.023026 456 $13,234.50 Homemaker 1 hour $23.523242 1,554.25 $36,561 Personal Care 1 hour $29.045017 1,377.25 $40,002.25 Respite 1 hour 520.779381 485 $10,078 F. Contract Amendments: 1. The recipient agrees to implement the distribution of funds as detailed in the service provider application and the Budget Summary, ATTACHMENT III to this contract. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. 2. With the exception of Case Management, the recipient agrees to implement a Modified Spending Authority. Recipient is to offer services based on clients' service plans and will not be restricted to providing the services as 6 07/0 1 /01 Contract Number KC171 projected. Additional budget revisions/contract amendments will not be required to move funding among these services, with the exception of Case Management. Any changes in the total amount of the funds under contract require a formal contract amendment. 3. 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. 4. 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. 5. 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 Sections 430.201 through 430.207, Florida Statutes, including as amended for Fiscal Year 2001-2002, Section 430.204(1 )(b) which states "in each county having a population over 2 million, the department shall fund, through each area agency on aging, more than one community care service system the primary purpose of which is the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based core services" and Section 430.205(1 )(b) which states "in each county having a population over 2 million, the department, through the area agency on aging, shall fund in each planning and service area more than one community care service system that provides case management and other in-home and community services as needed to help elderly persons maintain independence and prevent or delay more costly institutional care." 7 07/0 1/0 1 Contract Number KC 171 2. The recipient 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 dated 12/98. 3. 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. B. 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. Abuse, Neglect and Exploitation: The recipient 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 recipients and adult protective services. 2. Priority Criteria for Individuals in Nursing Homes in Receivership The recipient will ensure that pursuant to Section 400.126,(12), Florida Statute, those elderly persons determined through a CARES assessment to be a resident who could be cared for in a less restrictive setting or does not meet the criteria for skilled or intermediate care in a nursing home. the recipient will ensure the resident is referred for such care, as appropriate for the resident. Residents referred pursuant to this subsection shall be given primary consideration for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Florida Statute. 8 07/01/01 Contract Number KC171 3. 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 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; or, e) individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 4. 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 consumer assessment form administered to each applicant. The most frail individuals not prioritized in groups one, two or three above, regardless of referral source, will receive services to the extent funding is available. 5. Referrals for Medicaid Waiver .Services: The recipient must require subrecipients, through the consumer assessment, to identify potential Medicaid eligible CCE consumers and to refer these individuals to CARES and SSI related payments (if applicable) for approval for Medicaid Waiver services. Individuals identified as potentially Medicaid Waiver eligible can only be served with department contract funds while pending Medicaid Waiver eligibility determination. C. Co-payment Collections: 1. The recipient will establish annual co-payment goals. The Alliance has the option to withhold a portion of the recipient's Request for Payment if goals are not met according to the Department of Elder Affairs' co-payment guidelines. 2. Co-payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. 3. Co-payments collected in the CCE program must be used to expand services and can not be used as part of the local match. 9 07/01/01 D. Match: Contract Number KC 171 The recipient will assure a match requirement of at least 10 percent of the cost for all Community Care for the Elderly services. The match will be made in the form of cash and/or inkind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly matched. E. Service Cost Reports: The recipient will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. F. Compliance with Florida Statute Sections 430.204(1)(b) and 430.205(1)(b): Whereas Dade County, Florida has a population over 2 million, the Department of Elder Affairs is required to fund, through the local area agency on aging, more than one community care service system per the amendments to State Fiscal Year 2001- 2002 Florida Statutes, Sections 430.204(1 )(b) and 430.205(1 )(b). 1. The area agency on aging will submit a plan including tasks, timelines and staff responsible for each task no later than July 15, 2001 to implement the State Fiscal Year 2001-2002 amendments to Florida Statutes, Sections 430.204(1 )(b) and 430.205(1 )(b). This plan must include a request for proposal process to implement funding of more than one community care service system in Dade County, which includes an analysis of unmet needs and a provision for addressing the culturally distinct populations of Miami-Dade County. 2. The area agency on aging will submit a copy of its request for proposal to implement these provisions to the department's contract manger no later than August 15, 2001. 3. The area agency on aging will complete the request for proposal process and be in receipt of proposals no later than October 1, 2001, for an award announcement no later than November 15, 2001. 4. The area agency on aging will complete the contract process to implement the amendments to Florida Statutes, Sections 430.204(1 )(b) and 430.205(1 )(b) no later than January 1, 2002. 5. The department will amend the contract with the area agency to pay for services according to the conditions contained in this contract for second through fourth quarters contingent upon approval of the reports identified in Attachment I, Section IV, Paragraph F, 1. through 4. above. 10 07/01/01 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 KC 171 A TT ACHMENT II COMMUNITY CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Based On July Advance" August 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 Advance based on projected cash need. Submit to the Alliance On This Date July 1 July 1 August 15 September 15 October 15 November 15 December 15 January 15 February 15 March 15 April 15 May 1 5 June 15 July 15 August 15 September 15 September 30 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 recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 11 07/01/01 Contract Number KC 171 ATTACHMENT III COMMUNITY CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY QUARTER DATES Case Mngmnt CCE Services TOTAL First 6/1-9/30/01 $23,426.50 $99,875.75 $123,302.25 Second 1 0/1-12/31/01 Third 1/1-3/31/02 Fourth 4/1-6/30/02 TOTALS 12