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Item C17Louis LaTorre, Senior Director Social Services/dra BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 4/16/2003 DIVISION: COMMUNITY SERVICES BULK ITEM: YES _X_ NO DEPARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: Approval of Settlement Agreement between the State of Florida, Department of Children & Families and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, The Case Management Agency). ITEM BACKGROUND: The approval of this settlement will allow for payment of funds under Contract #KG-036 (7-1-02 through 2-28-03). PREVIOUS RELEVANT BOCC ACTION: Termination of Contract #KG-036 (7-1-02 through 2-28- 03). CONTRACT/AGREEMENT CHANGES: No TOTAL COST: $56,273.60 COST TO COUNTY: $6,252.61 REVENUE PRODUCING: YES NO X AMT.PER MONTH BUDGETED: YES X NO SOURCE OF FUNDS: CCDA Contract #KG-036 for $56,273.60 And Grant Match acct.# 12 5— 615 3 7 0 2 381001 GT of $6,252.61 YEAR APPROVED BY: COUNTY ATTY. X OMB/Purchasing X RISK MANAGEMENT X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: DISPOSITION: Revised 1/03 INCLUDED X TO FOLLOW NOT REQUIRED AGENDA ITEM#: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida/Department of Settlement to Contract Children & Families #KG-036 Effective Date: July1,2002 Expiration Date: February 28, 2003 Contract Purpose/Description: Approval of Settlement Agreement between the State of Florida, Department of Children & Families and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, The Case Management Agency). This will allow for payment of funds under Contract #KG-036 (7-1-02 through 2-28-03). Contract Manager: loris S'rtn so 4589 Social Services/Stop 1 (Ext.) (Department/Stop #) For BOCC meeting on 4/16/03 Agenda Deadline: 4/2/03 CONTRACT COSTS Total Dollar Value of Contract: $62,526.21 (Fiscal Year) Budgeted? Yes X No ❑ Account Codes: Grant: $ 56,273.60 (Fiscal Year) County Match: $ 6,252.61 (Fiscal Year) Current Year Portion: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Division Director Date In Lt I2- /C I Changes Needed Revi w Yes ❑ No, v Date Out L 2 Risk Management W/`G3 I; Yes ❑ No 5;- O.M.B./Purchasing �� Yes ❑ No d/+XLQ& !{ AD County Attorney Yes ❑ No ©k / O Comments: vents norm Revised 2/27/U1 MC F #2 SETTLEMENT AGREEMENT BETWEEN FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY THIS AGREEMENT, made this day of , 2003, between the Florida Department of Children and Families, an agency of the State of Florida, 401 NW 2"d Avenue, Miami, Florida 33128, (hereinafter referred to as "DEPARTMENT"), and the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as "PROVIDER"). WHEREAS, on July 1, 2002, the DEPARTMENT and the PROVIDER entered into Contract # KG036 to provide Community Care for Disabled Adults in Monroe County for the period of July 1, 2002 through June 30, 2003; and WHEREAS, said contract provided for unit rates significantly less than the unit rates provided under similar contracts throughout the state of Florida; and WHEREAS, this discrepancy led to an early termination of Contract # KG036, effective February 28, 2003; and WHEREAS, the PROVIDER has performed the services requested by the DEPARTMENT; and WHEREAS, the DEPARTMENT has not paid for the performance of said requested services; and WHEREAS, the PROVIDER has made demand for payment for said services and the DEPARTMENT has determined that the Provider has asserted a colorable legal claim in support of its demand for payment for the services performed; and WHEREAS, the DEPARTMENT, by entering into this agreement admits no liability for payment for the services performed by the PROVIDER under the contract; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The PROVIDER, for himself, his attorneys, heirs, executors, administrators, successors and assigns, does hereby fully finally and forever release and discharge the Florida Department of Children and Families, and their agents, representatives, and attorneys, of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to the Contract and work performed thereunder, and any invoices for such work, including, but not limited to, those claims asserted or other claims that were or might have been asserted in any federal, state, or administrative action in any federal, state, or local agency or court, by or on behalf of the PROVIDER, against those parties hereinabove released relating to these facts or circumstances whatsoever. Settlement Agreement BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Page 2 2. The DEPARTMENT herein agrees to submit to the Comptroller of the State of Florida for payment of the lump sum amount of Fifty Six Thousand Two Hundred Seventy Three Dollars and Sixty Cents ($56,273.60) in full and satisfaction of any amounts or costs associated with the services performed by the PROVIDER and any claims and invoices associated therewith, or with interest and costs and fees associated with the claim matters referenced herein. 3. This agreement is contingent upon approval by the Comptroller of the State of Florida. Until such approval is received, the DEPARTMENT has no obligation to make any payments pursuant to this agreement. 4. The parties to this agreement further agree and covenant that this agreement is binding on the parties, their heirs -at -law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below. 5. All terms and conditions of this settlement as fully set forth in this document and no other material terms of settlement exist outside this document. PROVIDER: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SIGNED TITLE: Mayor/Chairperson DATE FID# 596000749029 (SEAL) ATTEST: DANNY L. KOHLAGE, CLERK SIGNED Deputy Clerk FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED TITLE: Acting District Administrator DATE APPROY".) As � FORM AND L , SL'Fc: EtiC j ram— 3 APPROv D AS TO F r AN", _EGAL SUFFiC Y. B___ /-- S AN ��,Ejj����//,,// JTTON C UNTYSo�a�ROE KEY WEST33040 (305)294.4641 Social Services Department Gato Building, Room 1-204 1100 Simonton Street Key West, FL 33040 (305) 292-4573 - Phone (305) 292-4517 — Fax VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Theresa Phelan Department of Children & Families 1111-12th Street #301 Key West, FL 33040 Dear Ms. Phelan: January 23, 2003 RE: Contract KG036; CCDA BOARD OF COUNTY COMMISSIONERS MAYOR Dixie Spehar, District I Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy. District 3 David P. Rice, District 4 This letter is a notice of termination of the County's CCDA contract #KG036, to be effective February 28, 2003, in accordance with paragraph III.B.I of said contract, which will give you more than thirty days notice. As you are probably aware, the existing contract includes rates at about half the amount being provided for the rest of the State, notwithstanding Monroe County having the highest cost of living in the State. There is no doubt that miscommunication resulted in such inappropriate rates placed in our contract and to the rates not coming to the attention of our respective administrations until recently. It is my understanding that the Department is willing to re -negotiate the rates for the future and that the Department is willing to consider a settlement agreement to address the rates through the date of termination of this contract. The February 28t' termination of the existing contract will require the new contract to be approved effective March 1, 2003 through June 30, 2003. We expect this to be approved at the next Commission meeting, February 19th, based on the new rates. Please contact Mr. LaTorre at 292-4573 or Ms. Hutton at 292-3470 to facilitate the creation and approval of the new contract. Sincerely, James L. Roberts County Administrator Cc: Jerry Regler, Secretary DCF Hon. Ken Sorensen Lucy Hadi, Deputy Secretary, DCF , Dr. Samara Navarro, Director Adult Services, DCF Louis LaTorre, Monroe County In -Home Services r� � JAN 2 4 2003 Dept. 01 C i!&3n and Families 1111 12th Strajt, Suite 304 Key Vlest, FL C UNTY jo'�MONROE KEY WESTLORIDA 33040 (305)294-4641 In Home Services 1100 Simonton St. Key West, FL 33040 (305) 292-4583 (305) 292- 4481 FAX January 23, 2003 Ms. Charla Rodriguez, Sub -District Administrator Department of Children & Families 1111 12`' Street Suite 310 Key West, FL 33040 Dear Ms. Rodriguez: BOARD OF COUNTY COMMISSIONERS MAYOR Dixie Spehar, District 1 Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 David P. Rice, District 4 Monroe County would like to clarify for all involved parties the most recent agreement reached between the Department of Children and Families and Monroe County In -Home Services. The rates and projected units for the time period July 1, 2002 — Feb 28, 2003 are based on the 2001-2002 CCDA contract: Services Unit Rate Units of service (proiected) Total Case Management $ 44.498 198.0 $8,799.48 Homemaking $ 26.361 676.0 $18,009.21 Meals $ 6.732 3026.0 $20,371.03 Chore $ 33.859 90.0 $3,038.54 Personal Care $ 32.976 177.0 $5,844.99 $56,063.55 Monroe County legal staff will be negotiating a settlement agreement. The settlement will include the current rates stated above and the units of services provided for the above period of time. Be advised that as of today's date, Monroe County In -Home Services has not been reimbursed for any funds for services that have been rendered, since July 1, 2002. We expect in the settlement that we will be reimbursed fully for these services. The rates and projected units from March 1, 2003 — June 30, 2003 that are being proposed are as follows: Services Unit Rate _Units of service (projected) Total Case Management $47.64 124.0 S5,907.36 Homemaking $26.64 338.0 $9,004.32 Meals $ 6.67 1892.0 $12,619.64 Chore $ 35.51 60.0 $2,130.60 Personal Care $ 50.78 118.0 $5.992.04 S35,653.96 Based on the above rates and units (projected) the total costs agrees with the Department of Children & Families appropriation of CCDA funds awarded ($91,713.00) to Monroe County for FY 2002-2003. Monroe County will need the new contract that includes the above rates and units in our office no later then Feb. 3, 2003, so that the contract could be agenda for approval at the next County Commission meeting on February 19,2003. The Department of Social Services has enjoyed working closely with the Department of Children and Families throughout the years and will continue to do so. Our primary goal is to service the Disabled Adults in Monroe County and provide the best quality of care as possible. Please be advised that we will not be taking on any new CCDA Clients nor providing additional services. But however, a waiting list will be established, which has previously not been done in prior years. It's our goal to continue to provide services to our clients within the fiscal restraints of the current rate changes. In closing, we would like to sincerely thank State Representative Ken Sorenson and Secretary Jerry Regler for their time, understanding and attention in this extremely difficult and important issue. Without their help this agreement would not have been resolved. Sincerely, Louis LaTorre, Director Monroe County Social Services ri, J_ e L.- Deloris Simpson, Senior Administrator Monroe County In -Home Services Cc: Representative Ken Sorenson, Miami -Dade, Monroe Counties Secretary Jerry Regler, Department of Children &Families James Roberts, Administrator, Monroe County James Malloch, Director, Monroe County Community Services Suzanne Hutton, Attorney, Monroe County Theresa Phelan, Contract Manager, Department of Children & Families Elena Herrera, Program Administrator, Dept. of Children & Families Josafina Swiman, Program Administrator, Dept. of Children & Families Dr. Sampara Navarro, Director of Adult Services, DCF i j i b. L =F i.,%Ev V)EET PAGE. 62/ 03 ORIGINAL INVOICE DATE CCDA FOR THE MONTH OF July 02-Feb.03 MONROE COUNTY IN HOME SERVICES GATO BUILDING 1100 SIMONTON STREET KEY WEST FL 33040 July 1, 2002 through February 28, 2003 PERIOD OF SERVICE PROVISION SERVICE # UNITS CASE MANAGEMENT 179.5 HOMEMAKING . 699 HOME DELIVERED MEALS 3026 CHORE 85 PERSONAL CARE 194.75 RESPITE 0 SIGNATURE OF PROVIDER DELORIS SIMPSON/f APPROVAL 03/18/03 STATE CCDA CONTRACT KG-OVZFY 02103 TURE OF CONTRACT MANAGER aATE INVO!CE REC•D DATE C4U✓S/SEF'V,CcS 2`- D DPIc cOO:�S itt57iCTC•D & P D p NFRu'v cF� ay AMOUNT PER UNIT 44.498 26.631 6.732 33.859 32.976 0 TOTAL D U E bet 311 4 3 AMOUNT DUE 7,987.39 18,615.07 20,371.04 2,878.02 6,422.08 0.00 56,273.60 DATE APPROVED 0/�T d e4 /ao663 3/18103; 3.21 PM, Ccdabill E,CF ::KEY WEST • PAGE ' 03103 MONROE COUNTY IN HOME SERVICES GATO BUILDING 1100 SIMONTON STREET KEY WEST FL 33040 STATE CCDA CONTRACT KG-034 FY 02/03 MONTH: July 02-Feb.03 STATE OF FLORIDA COMMUNITY CARE FOR DISABLED ADULTS TOTAL UNITS OF SERVICE PROVIDED: GROSS PATES: CASE MANAGEMENT 179.5 UNITS X $ 49.4422 $8,874.87 HOMEMAKING 699 UNITS X $ 29.59 $20,683.41 MEALS 3026 UNITS X $ 7.48 $22,634,48 CHORE 85 UNITS X $ 37.6211 $3,197.79 PERSONAL CARE 194.75 UNITS X $ 36.64 $7,135.64 RESPITE 0 UNITS X $ 0 $0.00 TOTAL COST $62,526.19 COUNTY MATCH: �^ CASE MANAGEMENT 179.5 UNITS X $ 4.9442 $887.48 HOMEMAKING 699 UNITS X $ 2.959 $2,068.34 MEALS 3026 UNITS X $ 0.748 $2,263.45 CHORE 85 UNITS X $ 3.7621 $319.78 PERSONAL CARE 194.75 UNITS X $ 3.664 $713.56 RESPITE 0 UNITS X $ 0 $0.00 TOTAL COUNTY COST $6,252.61 NET RATES: CASE MANAGEMENT 179.5 UNITS X $ 44.498 S7,987. J9 HOMEMAKING 699 UNITS X $ 26.631 $18,615.07 MEALS 3026 UNITS X $ 6.732 $20,371.04 CHORE 85 UNITS X $ 33.859 $2,878.02 PERSONAL CARE 194.75 UNITS X $ 32.976 $6,422.08 RESPITE 0 UNITS X $ 0 $0.00 TOTAL. STATE COST $56,273.60 3/18/03; 3:21 PM; Ccdabill