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Item F15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11-15-2006 Division: Community Services Bulk Item: Yes l No Department: Social Services/In-Home Services Staff Contact Person: Deloris Simpson AGENDA ITEM 'WORDING: Approval of Amendment #00 I to the Community Care for Disabled Adults (CCDA) Contract #KG058 between the Department of Children & Families and the Monroe County Board of County Commissioners (Social Services/In-Home Services Program). ITEM BACKGROUND; The approval of this amendment will allow the Department of Children & Families to request Monroe County to inventory all nonexpcndable property i.e. computers, vehicles, etc. purchased with CCDA Funds and return said inventory to DCF in the completion or termination of said contract PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Community Care for Disabled Adults (CCDA) Contract June 21, 2006. CONTRACT/AGREEMENT CHANGES: To inventory and report any nonexpendable property to the Department of Children & Families purchased with CCDA funds. This does not affect the total amount of the contract as fund amount will not change. ST AFF RECOMMENDATIONS: Approval TOTAL COST $81,733.00 COST TO COUNTY: $9,081.44 (Required Match) $19,97071 (Additional Match) Total Match: $29,052.15 REVENUE PRODUCING: Yes BUDGETED: Yes ~ No SOURCE OF FUNDS: Ad Valorem Taxes No Risk Management /AMOUNT PER MONTH "'^ ~ Year APPROVED BY: County Aft;! DOCUMENTATION: Included X Not Required_~~ DISPOSITION: AGENDA ITEM #. ReVIsed 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract Amendment #1 to Contract #KG058 Effective Date: November 15,2006 Expiration Date: June 30, 2007 Contract Purpose/Description: Approval of Amendment #00 I to Contract #KG058 will allow the Department of Children & Families to request Monroe County to inventory all nonexpendable property, i.e. computers, vehicles, etc. purchased with CCDA Funds and return said inventory to DCF in the completion or termination of said contract. This wiUnot atfect the total amoulJ%fthe contract as fund amount will not change. , . ,t~/,/J" ".,;;;7 ;(J'--' ,/ , ,~,- Deloris Sim~~:, //' (Name) L.//'/ Contract with: State of Florida/Department of Children & Families Contract Manager: For BOCC mectmg on 11/15/2006 4589 (EXL) Social Services/Stop 1 (DepartmenUStop #) Agenda Deadline: 10/31/2006 CONTR.ACT COSTS Total Dollar Value of Contract: $110,785.15 Budgeted'! Yes X No Account Codes: Grant: $ 8L733.00 (Fiscal Year) County Match: S 9,081.44 CFiscal Year) (Required) SI9,97(Pl (Additional) $29.052.15 (Total Match) Estimated Ongoing Costs: $ ~m..__.j'yT (Not Included in dollar value ubove) Current Year Portion: $~_~~_~ ADDITIONAL COSTS For: ~.~-~-~~~~~-,~~--~ (eg. Mamtenanec, utilities, Janltoriul, salarlCs, lOte) CONTRi\CT REVIEW Divlsion Director Changes Ncede>i~, ~/ '. Y es (,'~~~,:~ f!:Y ~ 1- Yes (N~ "%~,,~- Yes /No) ~';Y Risk Management . ':Ii" ~, ~. . C'h'!:ti !- " j ~'II; o.'!\:t':n.;J urcnasmg lofo ('ounty Attorney No J Yes Comments: Date Out r~~__~~_~~~~~~~__~~ ~oooo~___~~'"_~~~~____~~~~~~~~~~~~_~~~~__~~___ ~~~_~~_____~'~~_~~~~~__~~~" ^ ~~__CC"C'C""_~~"__~~"_~_~~~ OMH Form Revised 2/27/01 Mer #2 ~~~~~~~~~~~. O,Yv~lY ~o9.~~~E \305\ 294-4641 BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Dixie M, Spehar, District 1 George Neugent, District 2 DavId p" Rice, District 4 Glenn Patton, DIstrict 5 MEMORANDUM TO: Monroe County Board of County Commissioners f\ 'I .,JJj- FROM: Dee Simpson, Senior Administrator, In-Horne Services Program DATE: 10111/2006 RE: Agenda Item regarding Amendment #001 for Community Care tor Disabled Adults (CCDA) Contract #KG058 This memorandum is in regards to Amendment #001 for the Community Care for Disabled Adults (CCDA) Contract #KG058. This Alnendment is between Monroe County Board of County Commissioners (Social Services/ln - Home Services) and the Department of Children & Families The approval of this Amendment will approve the following changes: llardback books with a value or cost of $100.00 or more should be classified as nonexpendable property only if they are circulated to students or to the general public. All computers, including all desktop and laptop computers, regardless of the acquisition cost or value are classified as nonexpendab!e property. When state property will be assigned to a provider for use in performance of a contract, the title for that property or vehicle shall be immediately transferred to the provider where it shall remain until this contract is terminated or until other disposition instructions are furnished by the contract manager, When property is transferred to the provider, the department shaH pay for the title transfeL The provider's responsibility starts when the fully accounted for property or vehicle is assigned to and accepted by the provider. Business arrangouents made between the provider and its subcontractors shall not permit the transfer of title or state property to subcontractors. Provider shall inventory ail nonexpendable property purchased by CCDA funds including all computers. The inventory shall include, at a minimum, the identification number; year and/ or model, a description of the property, its use and condition, current location, the name of the property custodian, class code (use state standard codes for capital assets), if a group, record the number and description of the components making up the ,group, make, or manufacturer, serial number(s), if any, and if an automobile, the VIN and certificate !lUrnbcr\ acquisition date, origmal acquiSItlOn cost, funding source, and information needed to calculate the federal and lor state share of its cost. The provider shall furnish a closeout inventory no later than 30 days before the completion or termination of this contract. The provider hereby agrees to pay the cost of transferring title to and possession of any property for which ownership is evidenced by a certificate of title. The provider shall be responsible for repaying to the department the replacement cost of any property inventoried and not transferred to the department upon completion or termination of this contract. \Vhen property transfers from the provider to the department, the provider shall be responsible for paying for the title transfer. The provider hereby agrees to indemnify the department against any claim or loss arising out of the operation of any motor vehicle purchased by or transferred to the provider pursuant to this contract The original Community Care for Disabled Adults (CCDA) #KG058 has been approved by the board on June 21, 2006. Thank you. CONTRACT #KG058 AMENDMENT #0001 THIS AMENDMENT, entered into between the Florida Department of Children and Families; hereinafter referred to as the "department"; and Monroe County (In Home Services), hereinafter referred to as the "provider", amends contract KG058. 1, Attachment I, Section D, Paragraph 3 is hereby amended to read: 3. Property a. Nonexpendable property is defined as tangible personal property of a nonconsumable nature that has an acquisition value or cost of $1 ,000 or more per unit and an expected useful life of at least one year, and hardback covered bound books that are not circulated to students or the general public, the value or cost of which is $250 or more. Hardback books with a value or cost of $1 00 or more should be classified as nonexpendable property only if they are circulated to students or to the general public. All computers, including all desktop and laptop computers, regardless of the acquisition cost or value are classified as nonexpendable property. Motor vehicles include any automobile, truck; airplane, boat, or other mobile equipment used for transporting persons or cargo, b. When state property will be assigned to a provider for use in performance of a contract, the title for that property or vehicle shall be immediately transferred to the provider where it shall remain until this contract is terminated or until other disposition instructions are furnished by the contract manager. When property is transferred to the provider, the department shall pay for the title transfer. The provider's responsibility starts when the fully accounted for property or vehicle is assigned to and accepted by the provider. Business arrangements made between the provider and its subcontractors shall not permit the transfer of title of state property to subcontractors. While such business arrangements may provide for subcontractor participation in the use and maintenance of the property under their control, the department shaH hold the provider solely responsible for the use and condition of said property, Provider inventories shall be conducted in accordance with CFOP 80-2. c. If any property is purchased by the provider with funds provided by this contract, the provider shaH inventory all nonexpendable property including aU computers. A copy of which shall be submitted to the department along with the expenditure report for the period in which it was purchased. At least annually the provider shall submit a complete inventory report (Exhibit B) of all such property to the department whether new purchases have been made or not. d. The inventory shaH include, at a minimum, the identification number; year and/or model,; a description of the property. its use and condition; current location; the name of the property custodian; class code (use state standard codes for capital assets); if a group, record the number and description of the components making up the group; name, make, or manufacturer; serial number(s), if any, and if an automobile, the VIN and certificate number; acquisition date; original acquisition cost; funding source; and, information needed to calculate the federal and/or state share of its cost. c. The contract manager must provide disposition instructions to the provider prior to the end of the contract period. The provider cannot dispose of any property that reverts to the department without the contract manager's approval. The provider shall furnish a closeout inventory no later than 30 days before the completion or termination of this contract. The closeout inventory shall include all nonexpendable property including all computers purchased by the provider. The closeout inventory shall contain, at a minimum, the same information required by the annual inventory. f. The provider hereby agrees that all inventories required by this contract shall be current and accurate and reflect the date of the inventory. If the original acquisition cost of a property item is not available at the time of inventory, an estimated value shall be agreed upon by both the provider and the department and shall be used in place of the original acquisition cost. g. Title (ownership) to and possession of all property purchased by the provider pursuant to this contract shall be vested in the department upon completion or termination of this contract. During the term of this contract, the provider is responsible for insuring all property purchased by or transferred to the provider is in good working order. The provider hereby agrees to pay the cost of transferring title to and possession of any property for which ownership is evidenced by a certificate of title. The provider shall be responsible for repaying to the department the replacement cost of any property inventoried and not transferred to the department upon completion or termination of this contract. When property transfers from the provider to the department, the provider shall be responsible for paying for the title transfer. h. If the provider replaces or disposes of property purchased by the provider pursuant to this contract, the provider is required to provide accurate and complete information pertaining to replacement or disposition of the property as required on the pn:rvidcr's annual inventory_ L The provider hereby agrees to indemnify the department against any claim or loss arising out of the operation of any motor vehicle purchased by or transferred to the provider pursuant to this contract. J A formal contract amendment is required prior to the purchase of any property item not specifically listed in the approved budget 2. This amendment shall begin on October I, 2006, or the date on which the amendment has been signed by both parties, whichever is IatcL 3. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to confonn with the amendment. 4. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. 5. This amendment and all its attachments are hereby made a part ofth15 contract IN WITNESS WHEREOF, the parties hereto have caused this 3 page amendment to be executed by their officials thereunto duly authorized. PROVIDER: Momoe County (In Home Services) FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED BY: SIGNED BY: NAME: Charles McCov NAME: Gilda P. F erradaz TITLE: Mavor TITLE: District Administrator DATE DATE FEDERAL ID NUMBER: 596000749 04/0; i2006 CFDA No. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT Client 0 Non-Client 0 Multi-District 0 THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the "Department," and Monroe County (Monroe County In Home Services), hereinafter referred to as the "Provider." I. THE PROVIDER AGREES: Upon demand, at no additional cost to the Department. the Provider will facHitate the duplication and transfer of any records or during the required retention period in Subsection I. Paragraph D.2. 4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State. ().f other personnel duly authorized by the Department A. Contract Document To orovide services in accordance with the terms and Conditions specified in this contract induding all attachments and exhibits, which con'stitute the contract document 8. Requirements of Section 287.058 F.S. To provide units of deliverabtes, including reports, findings, and drafts, as specified In this contract, which must be received and accepted by the contract manager in writing prior to payment. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. Where itemized payment for travel expenses are permitted in this contract, to submit bHts for any travel expenses in accordance with section 112.061, F .S. or at such lower rates as may be provided in this contract. To allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011 (11 ),F.S" made or received by the Provider in conjunction With this contract except that public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Provider's faifure to comply with this provision shaff constitute an immediate breach of contract for which the Department may unHateraUy terminate the contract. C. Governing Law 1. State of Florida law That this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law including Florida provisions for conflict of laws. 2. Federal Law a. That if this contract contains federal funds the Provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations. b. That if this contract contains federal funds and is over $100,000, the Provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Crean Air Act, as amended (42 U.S,C. 7401 et seq,), section 508 of the Federal Water Pollution Control Act as amended (33 U.s.C. 1251 et seq.), Executive Order 11738 as amended and where applicable, and Environmental Protection Agency regulations (40 CFR, Part 30), The Provider shall report any violations of the above to the Department c. That no federal funds received in connection with this contract may be used by the Provider, or agent acting for the Provider, to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000, the Provider must. prior to contract execution, complete the Certification Regarding Lobbying form, Attachment N/A. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager, prior to payment under this contract. d. That unauthorized aliens shall not be employed. The Department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a). Such violation shall be cause for unilateral cancellation of this contract by the Department e. That if this contract contains $10,000 or more offederaJ funds, the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92, if applicable, f. That if this contract contains federal funds and provides services to chHdrel1 up to age 18. the Provider shall comply with the Pro-Children Act of 1994 (20 U,S.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compfiance order on the responsible entity. Audits, Inspections, Investigations, Records and Retention 1. To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect aU income expenditures of funds provided by the Department under this contract :.t To retain all cHent records, financial records, supporting documents, statistical records, and any other documents (including storage media) pertinent to this contract for a periOd of six (6) years after completion of the contract or longer when required law. In the event an audit is required by this contract, records shall be retained for a minimum periOd of six (6) years after the audit is issued or until resolution of any audit findings or fitigation based on the terms of this contract, at no additional cost to the CONTRACT #KG058 04/01/2006 5. At all reasonable times for as long as records are maintained, persons duly authorized by the Department and Federal auditors, pursuant to 45 CFR, Section 92.36(i) (10), shall be allowed fuff access to and the right to examine any of Ihe Provider's contracts and related records and documents, regardless of the form in which kept. 6. To provide a financial and compliance audit to the Department as specified in this contract and in Attachment!L and to ensure that all related party transactions are disclosed to the auditor, 7. To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office of The Inspector General (Section 20.055, Florida Statutes). E. Monitoring by the Department To permit persons duly authorized by the Department to inspect and copy any records, papers, documents, facilities, goods and services of the Provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the Provider to assure the Department of the satisfactory performance of the terms and conditions of this contract. Following such review, the Department will deliver to the Provider a written report of its findings and request for development, by the Provider of a corrective action plan where appropriate. The Provider hereby agrees to timely correct aU deficiencies identified in the corrective action plan. F. Indemnification NOTE: Except to the extent permitted bv s.768.28 , F.S., or other applicable Florida Law, Paragraph 1.F.1. and 2. are not applicable to contracts executed between state agencies or subdivisions, as defined in subsection 768.28(2), F.S. 1. To be liable for and indemnify, defend, and hold the Department and aU of its officers, agents, and employees harmless from all ctaims, suits, judgments, or damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the Provider, its agents, employees and subcontractors during the performance or operation of this contract or any subsequent modifications thereof. 2. That its inability to evaluate its liability or its evaluation of liability shafll10t excuse the Provider's duty to defend and to indemnify within seven (7) days after notice by the Department by certified mail. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay aU costs and fees induding attorneys' fees related to these obligations and their enforcement by the Department. The Department's failure to notify the Provider of a claim shall not release the Provider from these duties, The Provider shall not be liable for the sole negligent acts of the Department. G. Insurance To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the Provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this contract. Upon the execution of this contract, the Provider shall furnish the Department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance as specified in this contract. H. Confidentiality of Client Information Not 10 use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by taw), L Assignments and Subcontracts 1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the Department which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the Department shall be null and void. 2, To be responsible for all work performed and for all commodities produced pursuant to this contract whether actually furnished by the Provider or its subcontractors. Any subcontracts shall be evidenced by a written document The Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any reason. The Provider, at its expense, will defend the Department against such claims. 3. To make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the Department in accordance with section 287.0585, F.S., unless otherwise stated in the contract between the Provider and 2 CONTRA.cr #KG058 " 04/01/2006 subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Provider and paid to the subcontractor in the amount of one-half of one percent (.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shalf not exceed fifteen (15%) percent of the outstanding balance due. 4. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the Provider. In the event the State of Florida approves transfer of the Provider's obligations, the Provider remains responsible for alf work performed and all expenses incurred in connection with the contract. This contract shall remain binding upon the successors in interest of either the Provider or the Department J. Return of Funds To return to the Department any overpayments due to unearned funds or funds disallowed pursuant to the terms and conditions of this contract that were disbursed to the Provider by the Department. In the event that the Provider or its independent auditor discovers that an overpayment has been made, the Provider shaH repay said overpayment immediately without prior notification from the Department. fn the event that the Department first discovers an overpayment has been made, the contract manager, on behalf oHhe Department, will notify the Provider by leHer of such findings. Shoufd repayment not be made forthwith, the Provider will be charged at the lawful rate of interest on the outstanding balance after Department notification or Provider discovery. K. Client Risk Prevention and Incident Reporting 1. That if services to cHents are to be provided under this contract, the Provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations fisted in CFOP 215-6 in the manner prescribed in CFOP 215-6 or district operating procedures. 2. To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96A8USE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Provider and its employees. L Purchasing 1. To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this contract, the Provider shall be deemed to be substituted for the Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (850) 487-3774, 2. To procure any recycled prodUcts or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of sections 403.7065, and 287.045, F.S. M. Civil Rights Requirements 1. Not to discriminate against any employee in the performance of this contract or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex in accordance with CFOP 60-16.. The Provider further assures that all contractors, subcontractors, sUbgrantees, or others with whom it arranges to provide services or benefits to cHents or employees in connection with any of its programs and activities are not discriminating against those clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. This is binding upon the Provider employing fifteen (15) or more individuals. 2. To complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and 8, in accordance with CFOP 60-16. This is binding upon Providers that have fifteen (15) or more employees. 3. Subcontractors who are on the discriminatory vendor list, may not transact business with any publiC entity, in accordance with the provisions of section 287.134 F.S. N. Independent Capacity of the Contractor 1. To act in the capacity of an independent contractor and not as an officer. employee of the State of Florida, except where the Provider is a state agency. Neither the Provider nor its agents, employees, subcontractors or assignees shall represent to others that has the authority to bind the Department unless specifically authorized in writing to do so. 2. This contract does not create any right to state retirement, leave benefits or any other benefits of state employees as a result of the duties or obligations of this contract. 3. To take such actions as may be necessary to ensure that each subcontractor of the Provider will be deemed to be an contractor and wi!! !lot be considered or permitted fa be an agent, servant, jOint venturer, or partner of the State of Florida 4. The Department will not furnish services of support (e.g., office space, office supplies; telephone service, secretarial or clerical to the Provider, or its subcontractor or assignee, unless specifically agreed to by the Department in this contract. 5, AI! deductions for social security, withholding taxes, income taxes, contributions 10 unemployment compensation funds and all insurance for the Provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole of the Provider. CONTRACT #KG058 , 04/01l2006 O. Sponsorship As required by section 286.25, F.S., if the Provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: .Sponsored by (Provider's name) and the State of Florida, Department of Children and Families." If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shari appear in the same size letters or type as the name of the organization. P. Publicity Without limitation, the Provider and its employees, agents, and representatives will not, without prior Departmental written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any State affilfate or any officer or employee of the State, or represent, directly or indirectly, that any product or .service provided by the Provider has been approved or endorsed by the State, or refer to the existence of this contract in press releases, advertising or materials distributed to the Provider's prospective customers. Q. Finallnvoice To submit the tinal invoice for payment to the Department no more than 45 days after the contract ends or is terminated. If the Provider fails to do so, all rights to payment are forfeited and the Department will not honor any requests submitted after the aforesaid time period, Any payment due under the terms of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto have been approved by the Department R. Use of Funds for Lobbying Prohibited To comply with the provisions of sections 11,062 and 216,347, F,S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. Public Entity Crime Pursuant to section 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the Department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list T, Gratuities The Provider agrees that it will not offer to give or give any gift to any Department employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract for a period of two years. In addition to any other remedies available to the Department, any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions U. Patents, Copyrights, and Royalties 1. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this contract, or in anyway connected herewith, the Provider shall refer the discovery or invention to the Department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 2, In the event that any books, manuals, films, or other copyrightable materials are produced, the Provider shall notify the Department of State. Any and all copyrights accruing under or in connection with performance under this contract are hereby reserved to the State of Florida. 3. The Provider, if not a state agency, as that term is defined in subsection 768.28, FS" shalf indemnify and save the Department and its employees harmless from any liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or ... unpatented invention, process, or article manufactured or used by the Provider in the performance ofthig contract. .. 4. The Department will provide prompt written notification of any claim of copyright or patent infringement. Further, if such claim is ...,.. made or is pending, the Provider may, at its option and expense, procure for the Department, the right to continue use of, replace, or .... modify the article to render it non-infringing. If the Provider uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the compensation paid pursuant to this contract incfudes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract. 5. All applicable subcontracts shall include a proviSion that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or Is developed in the course of or under the subcontract. V. Construction or Renovation of Facilities Using State Funds That any state funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law, As a condition of receipt of state funding for this 4 CONTRACT #I(G058 04/01/2006 purpose, the Provider agrees that, if it disposes of the property before the Department's interest is vacated, Ihe Provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. W. Information Security Obligations 1. To identify an appropriately skilled individual to function as its Data Security Officer who shall act as the liaison to Ihe Department's Security Staff and who will maintain an appropriate level of data security for the information the Provider is coUecting or using in the performance of this contract. An appropriate level of security includes approving and tracKing all Provider employees that request system or information access and ensuring that user access has been removed from all terminated Provider employees. 2. To hold the Department harmless from any loss or damage incurred by the Department as a result of information technology used, provided or accessed by the Provider. 3. To provide the latest Departmental Security Awareness Training to its' staff and subcontractors. 4. To ensure that aJl Provider employees who have access to Departmental information are provided a copy of CFOP 50-6 and that they sign the DCF Security Agreement form (CF 114), a copy of which may be obtained from the contract manager. X. Accreditation That the Department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the Department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of our Providers will either be accredited, have a plan to meet national accreditation standards, or will initiate one within a reasonable period of time. Y. Agency for Workforce Innovation and Workforce Florida That it understands that the Department, the Agency for Workforce Innovation, and Workforce Florida, Inc. have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The Department encourages Provider participation with the Agency for Workforce Innovation and Workforce Florida. Z. Health Insurance Portabi!1ty and Accountability Act Where applicable, to comply with the Health Insurance Portability and Accountability Act (42 U. S. C, 1320d.) as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). AA Emergency Preparedness If the tasks to be performed pursuant to this contract include the physical care and control of clients, the Provider shall, within 30 days of the execution of this contract, submit to the contract manager an emergency preparedness plan which shall include provisions for pre-disaster records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that wiff allow the Provider to continue functioning in compliance with the executed contract in the event of an actual emergency. The Department agrees to respond in writing within 30 days of receipt of the plan accepting, rejecting, or requesting modifications. In the event of an emergency, the Department may exercise oversight authority over such Provider in order to assure implementation of agreed emergency relief provisions. BS. PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form, and any terms or conditions of this contract (including the Department's Standard Contract), the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form is required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shaH take precedence, II. THE DEPARTMENT AGREES: A Contract Amount To pay for contracted services according to the terms and conditions of this contract in an amount not to exceed NJA or the rate schedule, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eiigible for payment under this contract B. Contract Payment to section 215.422, F.S., the Department has five (5) working days to inspect and approve goods and services, unless the specifications, purchase order, or this contract specify othelWise. With the exception of payments to health care Providers for medical. or other health Gare services, jf payment is not available within forty (40) measured from the latter of the date a compfeted invoice is received by the Department or the goods or services are receiVed, inspected, and approved, a separate penalty set by the Comptrorrer pursuant to section 55.03, F.S., will be due and payable in addition to the invoice amount to health care Providers for hospital, medical, or other health care services, shall be made not more than thirty-five (35) from the date eligibility for payment is determined. Financial penalties wiff be calculated at the daily interest rate of .03333%. returned to a Provider due to preparation errors will result in a non-interest bearing payment delay. Interest penalties less one (1) dollar will not be paid unless the Provider requests payment 5 CONTRACT #1((;058 , 04/01/2006 C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services, The duties of this office are found in subsection 215.422, F.8" which include disseminating information relative to the prompt payment of this state and assisting vendors in receiving their payments in a timely manner from a state agency, The Vendor Ombudsman may be contacted at (850) 413-5516. D. Notice Any notice, that is required under this contract shall be in writing, and sent by U,S, Postal Service or any expedited delivery service tha't provides verification of delivery or by hand delivery, Said notice shall be sent to the representative of the Provider responsible for administration of the program, to the designated address contained in this contract. III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A Effective and Ending Dates This contract shall begin on Julv 1, 2006, or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, local time in Monroe County, Florida, on June 30,2007. B. Financial Penalties for Failures to Comply with Requirement for Corrective Action. 1. In accordance with the provisions of Section 402.73(7), Florida Statutes, and Section 65-29.001, Florida Administrative Code, corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. 2. The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penalty, if imposed, shall not exceed ten percent (10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent (10%) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. 3. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5%) penalty, Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) penalty. 4. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider. C, Termination 1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the contract manager or the representative of the Provider responsible for administration of the program. 2. In the event funds for payment pursuant to this contract become unavailable, the Department may terminate this contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be sent by U,S. Postal Service or any expedited delivery service that provides verification of delivery. The Department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the Provider will be compensated for any work satisfactorily completed. 3. This contract may be terminated for the Provider's non-performance upon no less than twenty-four (24) hours notice in writing to the Provider. If applicable, the Department may employ the default proviSions in Rule 60A-1.006(3), FAC. Waiver of breach of any provisions of this contract shaH not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms and conditions of this contract The provisions herein do not limit the Department's right to remedies at law or in equity. 4. Failure to have performed any contractual obligations with the Department in a manner satisfactory to the Department wifl be a sufficient Cause for termination. To be terminated as a Provider under this provision, the Provider must have: (1) previously failed to satisfactorily perform in a contract with the Department, been notified by the Department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the Department; or (2) had a contract terminated by the Department for cause. D. Renegotiations or Modifications ...' Modifications of provisions of this contract shaH be valid only when they have been reduced to writing and duly signed by both parties. iThe rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and SUbsequently identified in the Department's opera ling budget. 6 CONTRACT #KG058 04/01/2006 E. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 1. The Provider name, as shown on page 1 of this contract, and mailing address of the official payee to whom the payment sharr be made is: Monroe County (Monroe County In Home Services) 1100 Simonton Street Key West, FL 33040 2. The name of the contact person and street address where financiai and administrative records are maintained is: Deloris S~mpson, Senior Administrator Monroe County In Home Services 1100 Simonton Street Key West, FL 33040 305~292-4589 3. The name, address, and telephone number of the contract manager for the Department for this contract is: Theresa Phelan 1111 1210 Street Key West, FL 33040 305-292-6810 4. The name, address, and telephone number of the representative of the Provider responsible for administration of the program under this contract is: Deloris Simpson Monroe County In Home Services 1100 S i m onton Street Key West, FL 33040 305-292-4589 5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. F. All Terms and Conditions Included This contract and its attachments, f, II and exhibits A. 8, C, 0 and E to Attachment l. and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this contract is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Paragraph III.F. above. IN WITNESS THEREOF, the parties hereto have caused this 36 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County PRINT NAME: SIGNED BY: NAME: TITLE: DATE: FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES PRINT NAME: SIGNED BY: NAME: TITLE: DATE: -, / CONTRACT #KG058 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program A TT ACHMENT I A. Services to be Provided 1, Definition of Terms a. Contract Terms (Refer to the Glossary in CFOP 75-2, Contract Management System for Contractual Services, which is incorporated by reference herein) b. Program or Service Specific Terms (1) Activities of Daily Living - Basic activities performed in the course of daily living, such as dressing, bathing, grooming, eating, using a commode or urinal, and ambulating around one's own home. (2) Case Management Providers - Private, for~profit, nonprofit or local government agencies designated to provide coordination of care for eligible clients. This includes ongoing assessment of client needs and eligibility, ongoing development of care plans, and the arrangement for appropriate services to meet those needs. Case management providers integrate all available services through department-approved direct service providers into a sole program of service delivery uniquely patterned to meet the client's varying service needs. Case management providers may choose to deliver only case management services or choose to be dually responsible as both a direct service provider and a case management provider. (3) Client - Any person who is eligible and is at least eighteen (18) years through age fifty-nine (59), has one (1) or more permanent physical or mental limitations that restrict the client's ability to perform normal activities of daily living, and impede the client's capacity to live independently or with relatives or friends without the provision of community-based services. (4) Direct Service Providers - Private, for-profit, nonprofit or local government agencies that are registered or licensed to provide direct service support to eligible clients. Direct services range from the provision of health services delivered by physicians, nurses, physiotherapists, occupational therapists, speech therapists, and dietitians, to services delivered by workers such as homemakers, chore and transportation worker and personal care aides. The direct service provider may choose to deliver only direct services or choose to be dually responsible as both a case management provider and a direct service provider. (5) Medicaid Institutional Care Program (MICP) - A program that serves Medicaid recipients who are determined eligible for a nursing home level of care, which provides primary, acute, and long-term care services at capitated federally-matched rates, (6) Nursing home" Any facility which provides nursing services as defined in Chapter 464, Florida Statutes., and which is licensed in accordance with Chapter 400, Florida Statutes. 03/03/06 8 PSMAI No. GA07 Contract # KG058 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program (7) Outcomes - Means the result, impact, or benefit of a program's activities on the clients, customers, or users of the services. (8) Outputs - Means the actual service or product delivered. (9) Performance Measures - Quantitative indicators used to assess whether the activities the provider is performing are achieving the desired results. 2. General Description a. General Statement (1) The Community Care for Disabled Adults (CCDA) Program is designed to assist disabled adults, age eighteen (18) through fifty-nine (59), in utilizing available community and personal resources enabling them to remain in their own homes, and preventing their premature or inappropriate institutionalization. (2) Service providers will ensure that appropriate community-based services are provided to clients in a manner designed to meet the client's changing needs, to assist the cHent in avoiding or reducing unnecessary dependence on the delivered services, and to increase the client's self-reliance. b. Authority Sections 410.601-410.606, Florida Statutes (F,S.), Chapter 65C-2, Florida Administrative Code, and the annual appropriations act, with any proviso language or instructions to the department, constitute the legal basis for services to be delivered through the CCDA program. c. Scope of Service Services will be targeted toward eligible adults in Monroe County. d. Major Program Goal Community-based services provided under this contract are designed to prevent inappropriate institutionalization of disabled adults. 3. Clients to be Served a. General Description Adults with disabilities, age eighteen (18) through fifty-nine (59), who are no longer eligible to receive children'S services, and are too young to qualify for community and home-based services for the elderly, if authorized by the Adult Services Program Office, may be served under the provisions of this contract. b. Client Eligibility (1) Applicants must have one or more permanent physical or mental limitations, that restrict the ability to perform normal activities of daily living, as determined through the initial functional assessment and medical documentation of disability, Determination of a permanent disability must be established and evidenced in one of the following ways: 03/03/06 9 PSMAI No. GAO? Contract # KG058 07/01/2006 03/03/06 Community Care for Disabled Adults/Fixed Price Adult Services Program (a) An applicant may present a check, awards letter, or other proof showing receipt of Social Security Disability Income, or some other disability payment (e,g., Worke(s Compensation); or (b) An applicant may present a written statement from a licensed physician, licensed nurse practitioner, or mental health professional, which meets the district's criteria for evidence of a disability. This written statement must, at a minimum, include the applicant's diagnosis, prognosis, a broad explanation of level of functioning, and the interpretation of need for services based on identified functional barriers caused by the applicant's disabling condition, (2) Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free CCDA services. (3) Applicants with incomes above the standard will be assessed a fee for a share of the costs, or may be required to provide volunteer services in lieu of payment. c. Client Determination (1) Clients will be assessed for eligibility determination, and prioritized for services by district Department of Children and Families staff, in accordance with subsection 410.604 (2), Florida Statutes, (2) The Adult Services Program Office will make the final determination of service authorization. d. Contract Limits (1) The total annual cost estimated or actual, for an individual receiving CCDA services, shaH not exceed the average, annual general revenue portion of a Medicaid nursing home bed within the district area. (2) Clients must not be receiving comparable services from any other state entity. In order to prevent duplication of services, client files must contain documentation verifying that af! comparable community services and funding sources have been explored and exhausted. (3) The provider shaH deliver services only to those persons who have completed the Adult Services Screening for Consideration for new Community Based Services, Exhibit A, have been scored by that instrument, and were referred to the provider by the District/Region Program Office, and only to the extent that funds are avaiiable. 10 PSMAI No. GA07 Contract # KG058 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program B. Manner of Service Provision 1. Service Tasks a. Task List (1) The following tasks will be performed under this contract (check a!l that apply rZ)). DAdult Day Care X Case Management DEmergency Alert Response X Personal Care DHome Health Aide DGroup Activity Therapy X Homemaker DHome Nursing X Home Delivered Meals DJnterpreter DTransportation DMedical Therapeutic Services DChore DRespite DPhysfcal and Exams DEseort DAdult Day Care (2) Details of the service tasks to be provided under this contract and the negotiated parameters of those services are listed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures, herein incorporated by reference, (3) Each district CCDA program shall include case management services and at least one other community service. b. Task Limits The following task limits apply to the services specified in 8.1 ,a. above. (1) Respite Care services may be provided for up to two hundred forty (240) hours per client per calendar year, depending upon individual need. The service may be extended to three hundred sixty (360) hours, as recommended by the case manager and approved by Adult Services Program Office. Documentation of approval must be evident in the case narrative section at the case manager's file. 03/03/06 11 PSMAf No. GA07 Contract # KG058 (2) Personal Care services will not substitute for the care usually provided by a registered nurse, licensed practical nurse, therapIst, or home health aide. The personal care aide wi!! not change sterile dressings, irrigate body cavities, administer medications, or perform other activities prohibited by Chapter 59A-8, Florida Administrative Code. 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program (3) Homemaker service time does not include time spent in transit to and from the cHent's place of residence except when providing shopping assistance, performing errands or other tasks on behalf of a cHent. (4) Several restrictions apply to persons providing Homemaker service activities. Persons providing services must not la) engage in work that is not specified in the Homemaker assignment; (b) accept gifts from clients; (c) fend or borrow money or articles from clients; (d) handle client money, unless authorized in writing by a supervisor or case manager (documented in the personnel file) and unless bonded or insured by the employer; (e) transport clients, unless authorized in writing by a supervisor or case manager. (5) The parameters of service delivery, by type of service, are detailed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. (6) District task limits, which exceed those in CFOP 140-8, Community Care for Disabled Adults Operating Procedures, and are distinctive to this contract, are listed here: N/A. 2. Staffing Requirements a. Staffing Levels (1) The provider wilJ meet the minimum staffing requirements for each service, as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. (2) The provider will notify the department, in writing, within thirty calendar (30) days whenever the provider is unable, or expects to be unable to provide the required quality or quantity of service due to staff turnovers or shortages. b. Professional Qualifications The provider wHf ensure that staff meets the professional qualifications for each service, as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. 03/03/06 12 PSMAI No. GA07 Contract # KG058 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult SelVices Program c. Staffing Changes The provider agrees to notify the department's contract manager within two (2) working days jf a key administrative position (e.g., executive director) becomes vacant. Planned staffing changes that may affect the delivery of services to be provided under this contract, must be presented in writing to the contract manager for approval at least ten (10) working days prior to the implementation of the changeo d. Subcontractors This contract does not allow the provider to subcontract for the provision of any services under this contract 3. Service Location and Equipment a. Service Delivery Location and Times (1) CCDA services may be delivered in the client's home or on~site at a facility, as negotiated by the department and the provider. (2) Facillties delivering on-site services to clients shall pass an annual inspection by the local environmental health and fire authorities. (3) Service providers will meet the minimum service location and time requirements as specified in CFOP 140~8, Community Care for Disabled Adults Operating Procedures. (4) Services for this contract wifl be delivered at the following locations and times: SERVICE LOCATION TIME(S) Case Manaaement Client's Home As needed Homemakina CHent's Home As needed Personal Care Client's Home As needed Home Delivered Meals Client's Home As needed b. Changes in Location The provider must notify the department of changes in the location of service delivery. Once the service delivery location is agreed upon, any proposed change must be presented in writing to the contract manager for approval, fifteen (15) working days prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver of this designated standard by the district's program office. Such a waiver will take into consideration the continuity, safety, and welfare of the department's cHents, and is at the department's sole discretion. 03/03/06 13 PSMAJ No. GA07 Contract # KG058 c~ Equipment (1) The provider must comply with CFOP 140-8 and submit an equipment list as applicable to a specific provider's contract. The equipment required to perform the contracted services must be determined by the department and the provider and documented on the equipment list, if applicable. To ensure uniformity, safety, and quality of service to clients, any requests for equipment change must be presented in writing to the contract manager who will confer with the Adult 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program Services District Program staff, for approval at least ten (10) days prior to any proposed change, (2) The provider must inventory all equipment acquired under this contract annually. The inventory list must be made available within seven (7) days upon receipt of written request by the contract manager. The provider must list the items of equipment on the equipment listing, Exhibit S, as applicable to the provider's contract for specific services, 4. Deliverables a. Service Units A service unit is an appropriate, distinct amount of given service, which may include, but is not limited to, an hour of direct service delivery; a meal; an episode of travel; or a twenty-four (24) hour period of Emergency Alert Response maintenance, as defined in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. All service units, as well as their description, are listed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. b. Records and Documentation (1) Case management agency individual client files shall contain the following: (a) a completed Adult Services Client Assessment (not more than one (1) year old); (b) a District Program Office approved care plan (not more than one (1) year old); (c) a departmental release of information form; (d) a copy of a completed Client Information System (CIS) form; (e) documentation of the client's age, disability, and income; (f) a completed and scored copy of the Adult Services Screening for Consideration for Community Based Services; and (g) 2n ongoing, dynamic case narrative section. {2} Providers shall maintain information on each client served by this contract, which includes the following: (a) documentation of the client by name or unique identifier: {b) current documentation of eligibility for services; (e) dates of service proviSion and service billing; {d) information documenting the client's need for service increase; (e) the number of service units provided; and 03/03/06 14 PSMAI No. GA07 Contract # KG058 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program (f) all other forms or records necessary for program operation and reporting, as set forth by the department. (3) Providers must ensure that all client records accurately match the invoices submitted for payment. Records must cross reference to each invoice for payment. (4) Providers must maintain documentation necessary to facilitate monitoring and evaluation by the department. (5) The case management provider must maintain documentation in the client's file that all comparable community services and funding sources have been explored and exhausted before using CCDA funding. c. Reports (1) Reporting requirements for this contract include Exhibit C, Monthly Cumulative Summary Reports. Districts will negotiate with the provider on specific submission requirement criteria for these reports. (2) Providers of case management services agree to submit Monthly Cumulative Summary Reports, which include management program data (e.g., client identifiable data) to the department, according to negotiated instructions provided by the districts. (3) In the event of early termination of this contract, the provider will submit the final Monthly Cumulative Summary Report within forty-five (45) days after the contract is terminated. d. Reports Table I I -.. I I Report Reporting Report Date Number of DC F Offices I Title Frequency Due copies to receive report due Monthly I Monthly The 10th of 2 Contract Cumulati month Manager ve immediately & following the reporting period Program Office I Summary I ) Reports I , i ; J : ; ; I ) I I I ~____>_~_____,_"L>,__~~_~___,._~,___~.__,~__,_~L,_~_,~__~_l~^~~~~~__~"~~~~L 5. Performance SpeCifications "I. Performance Measures (1) 100 % of adults with disabilities receiving services wilt not be placed in a nursing home. (2) Twenty qualified disabled adults (ages 18.59) will be provided 03/03/06 15 PSMAf No. GA07 Contract # KG058 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program case management by the CCDA program. (3) Twentywone qualified disabled adults (ages 18w59} will receive daily living services from the CCDA and Aged and Disabled Adults (ADA) Medicaid Waiver Programs. b. Description of Performance Measurement Terms Placed - The result of an assessment of an individual who is no longer able to remain in his present place of residence. (To place a client involves preparation for and follow up of moving a client into a more restrictive alternative living environment). c. Performance Evaluation Methodology (1) Measuring Outcomes. The department will measure the outcomes found in paragraph B.5.a. above as follows: (a) The outcome measurement contained in paragraph B.5.a. (1) above will be calculated by dividing the total, fiscal yearwtowdate number of clients in the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid waiver programs not transferred to a nursing home, by the total, fiscal yearwto-date number of clients in the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid wavier programs. (b) The outcome measurement contained in paragraph B.5.a. (2) above will be calculated as the total number clients actively receiving case management from the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid waiver programs. (c) The outcome measurement contained in paragraph 8.5.a(3) above will be calculated as the total number clients actively receiving daily living services from the Community Care for Disabled Adults and the Medicaid waiver programs. (2) By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above and will be bound by the conditions set forth in this contract. If the provider fails to meet these standards, the department, at its exclusive option, may allow a reasonable period, not to exceed 6 months, for the provider to correct performance deficiencies. If performance deficiencies are not resolved to the satisfactlon of the department within the prescribed time, and if no extenuating circumstances can be documented by the provider to the department's satisfaction, the department must terminate the contract The department has the sole authority to determine whether there are extenuating or mitigating circumstances. 6. Provider Responsibilities <!e Direct Service Provider Unique Activities (1) The provider will be required to use volunteers to the fullest extent feasible in the provision of services and program operations. The provider is required to 03/03/06 16 PSMAI No. GA07 Contract # KG058 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program train, supervise, and appropriately support all volunteers with insurance coverage. (2) The provider will maintain an accurate and current active caseload list. (3) The provider will maintain a current monthly billing ledger of all provider claims submitted to the case management agency or Adult Services local office, including aU corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (4) The provider will notify the Adult Services local office of all service terminations, service increase requests and monthly expenditure trends with regards to the terms of this contract within two weeks immediately following identification of such action. (5) The provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening conducted by department Adult Services staff. (6) If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply (45 CFR 164.504(e){2)(ii)J: (a) The provider hereby agrees not to use or disclose protected health information (PH!) except as permitted or required by this contract, state or federal law. (b) The provider agrees to use appropriate safeguards to prevent use or discfosure of PHI other than as provided for by this contract or applicable law. (e) The provider agrees to report to the department any use or disclosure of the information not provided for by this contract or applicable law. (d) The provider hereby assures the department that if any PHI received from the department, or received by the provider on the department's behalf, is furnished to provider's subcontractors or agents in the performance of tasks required by this contract, that those subcontractors or agents must first have agreed to the same restrictions and conditions that apply to the provider with respect to such information. (a) The provider agrees to make PH! avaHable in accordance with 45 C.F.R 164.524. (I) The provider agrees to make PHI available for amendment and to incorporate any amendments to PHI in accordance with 45 C.F.R 164.526. (91 The provider agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR. 164.528. (h) The provider agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from the department or created or received by the provider On behalf of the 03i03J06 17 PSMAI No. GA07 Contract # KG058 07/01/2006 03/03/06 Community Care for Disabled Adults/Fixed Price Adult Services Program department available for purposes of determining the provider's compliance with these assurances. (i) The provider agrees that at the termination of this contract, if feasible and where not inconsistent with other provisions of this contract concerning record retention. it will return or destroy all PHI received from the department or received by the provider on behalf of the department, that the provider still maintains regardless of form. If not f~asible, the protections of this contract are hereby extended to that PHI which may then be used only for such purposes as make the return or destruction infeasible. (j) A violation or breach of any of these assurances shaH constitute a material breach of this contract. b. Case Management Provider Unique Activities (1) The case management provider will accept all District Program Office referrals through the Adult Services Program Office. The initial referral package to the case management provider will include the initial Adult Services Client Assessment (CF-AA 3019) and care plan completed by department staff and all required supporting documentation. (2) The case management provider wiH complete all ongoing face-to-face assessments on all pre-screened individuals referred by the District Program Office for service consideration and program application, using the Adult Services Client Assessment, CF-AA 3019. (3) The case management provider will maintain an accurate and current active caseload list. (4) The CeDA case management provider wi!! maintain a current monthly billing ledger of all provider claims submitted to the agency or the local Adult Services office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (5) The case management provider will notify the local Adult Services office of all service terminations, service increase requests and monthly expenditure trends with regards to the terms of this contract within two weeks immediately fat/owing identification of such action. (6) The case management provider wili explain to each individual requesting consideration for eCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening to be completed by an Adult Services counselor. (7) If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply [45 CFR 164.504(e)(2)(ii)]: (a) The provider hereby agrees not [0 use or disclose protected health information (PHI) except as permitted or required by this contract, state or federal law. 18 PSMAI No. GA07 Contract # KG058 07/01/2006 03/03/06 Community Care for Disabled Adults/Fixed Price Adult Services Program (b) The provider agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this contract or applicable law. (c) The provider agrees to report to the department any use or disclosure of the information not provided for by this contract or applicable law. (d) The provider hereby assures the department that if any PHI received from the department, or received by the provider on the department's behalf, is furnished to provider's subcontractors or agents in the performance of tasks required by this contract, that those subcontractors or agents must first have agreed to the same restrictions and conditions that apply to the provider with respect to such information. (e) The provider agrees to make PHI available in accordance with 45 C.F.R. 164.524. (f) The provider agrees to make PHI available for amendment and to incorporate any amendments to PHI in accordance with 45 C.F.R. 164.526. (g) The provider agrees to make available the information required to prOVide an accounting of disclosures in accordance with 45 C.F.R. 164.528. (h) The provider agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from the department or created or received by the provider on behalf of the department available for purposes of determining the provider's compliance with these assurances. (i) The provider agrees that at the termination of this contract, if feasible and where not inconsistent with other provisions of this contract concerning record retention, it will return or destroy all PHI received from the department or received by the provider on behalf of the department, that the provider still maintains regardless of form. If not feasible, the protections of this contract are hereby extended to that PHI which may then be used only for such purposes as make the return or destruction infeasible. (j) A violation or breach of any of these assurances shall constitute a material breach of this contract. c. Coordination with Other Providers/Entities The case management provider must coordinate, as necessary, with the Agency for Persons with Disabilities, the Department of Children and Families, the Department of Education, the Department of Health, and the Florida Statewide Advocacy Council, to serve those clients who are eligible for services through two (2) or more service delivery continuums. 19 PSMAI No. GAD? Contract # KG058 07/01/2006 Community Care for Lilsabled Adults/Fixed Price Adults Services Program 7. Departmental Responsibilities a. Department Obligations (1) The department will supply aU new providers with a copy of the Community Care for Disabled Adults Operating Procedures. CFOP 140-8. (2) The department will provide CCDA technical assistance to the provider. relative to the negotiated terms of this contract and instructions for submission of required data. (3) The department will screen all clients referred for CCDA services and will complete the initial assessment and care plan for aU new clients. b. Department Determinations Should a dispute arise, the department will make the final determination as to whether the contract terms are being fulfilled according to the contract specifications. c. Monitoring Requirements The provider will be monitored in accordance with existing departmental procedures (CFOP 75-8). C. Method of Payment 1. Payment Clauses a. This is a fixed price (unit cost) contract. The department shall pay the provider for the delivery of service units provided in accordance with the terms of this contract for a total dollar amount not to exceed $N/A, subject to the availability of funds. b. The department shall make payments to the provider for the provision of services up to the maximum number of units of service at the rates shown below. c. The department agrees to pay for the service units at the unit price(s) and limits listed below. Service Units Unit Price Maximum # of Units Case Manaqement $ 54.39 200 Personal Care $ 40,70 160 Homemaker Services $ 33.47 1,250 Home Delivered Meals $ 7.00 3,215 d. The provider's dollar match for this contract is 10% of total contract expenditures. €L Cash or in kind resources may be used to meet this match requirement 2. Invoice Requirements The provider shall request payment through submission of a properly completed Invoice. Exhibit 0, within 10 (ten) days folfowing the end of the month for which payment is being requested. The 20 PSMAI No. GAO? Contract # KG058 03/03/06 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program provider shall submit to the contract manager an original Invoice, Exhibit 0, and no copies, along with supporting documentation. Payment due under this contract will be withheld until the department has confirmed delivery of negotiated services. Payments may be authorized only for service units on the invoice which are in accordance with the above list and other terms and conditions of this contract The service units for which payment is requested may not either by themselves, or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract 3. Supporting Documentation a. It is expressly understood by the provider that any payment due the provider under the terms of this contract may be withheld pending the receipt and approval by the department of all financial and program reports due from the provider as a part of this contract and any adjustments thereto. Requests for payment, which cannot be documented with supporting evidence, will be returned to the provider upon inspection by the department. b. The provider must maintain records documenting the total number of recipients and names (or unique identifiers) of recipients to whom services were provided and the dates the services were provided so that an audit trail documenting service provision can be maintained. 4. MyFloridaMarketPlace This contract is exempt from the MyFloridaMarketPlace Transaction Fee in accordance with Chapter 60A~1.032(1 )(e), Florida Administrative Code. D. Special Provisions 1. Fees a. The case management provider will collect fees for services provided according to Rule 65e~2.007, Florida Administrative Code, b. No fees shalf be assessed other than those established by the department. Fees collected in compliance with the department directives will be reinvested in a manner prescribed by the department. 2. Florida Statewide Advocacy Council The provider agrees to allow properly identified members of the Florida Statewide Advocacy Council access to the facility or agency and the right to communicate with any client being served, as weil as staff or volunteers who serve them in accordance with subsections 402.165(8) (a) & (b), Florida Statutes. Members of the Florida Statewide Advocacy Council shall be free to examine all records pertaining to any case unless legal prohibition exists to prevent disclosure of those records. 3. Non-Expendable Property <I. Non-expendable property is defined as tangible personal property of a nonconsumable nature that has an acquisition cost of $1,000 or more per unit, and an expected useful life of at least one year; and hardback bound books that are not circulated to students or the general pubHc, the value of cost of which is $250 or more. Hardback books with a value or cost of $25 or more should be classified as an aeo expenditure if they are circulated 03/03/06 21 PSMAI No. GA07 Contract # KGOS8 07/01/2006 Community Care for Disabled Adults/Fixed Price Adult Services Program to students or to the general public. The provider will use the Provider Inventory List, Exhibit B to report all capital assets purchased through funding provided by the Department for prior and current year contract b. AI! such property, purchased under this contract. shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/or state share, date of acquisition, unit cost, property inventory number, and information on the location, use condition, transfer, replacement, or disposition of the property. c. All such property, purchased under this contract, shall be inventoried annually, and an inventory report shall be submitted to the department along with the final expenditure report. A report of non-expendable property shall be submitted to the department along with the expenditure report for the period in which it was purchased. d. Title (ownership) to all non-expendable property acquired with funds from this contract shall be vested in the department upon completion or termination of the contract. e. At no time shall the provider dispose of non-expendable property purchased under this contract except with the permission of, and in accordance with instructions from the department. f. A formal contract amendment is required prior to the purchase of any item of non- expendable property not specifically listed in the approved contract budget. 4. Morals Clause The provider understands that performance under this contract involves the expenditure of public funds from both the state and federal governments, and that the acceptance of such funds obligates the provider to perform its services in accordance with the very highest standards of ethical and moral conduct Public funds may not be used for purposes of lobbying, or for political contributions, or for any expense related to such activities, pursuant to Section I R of the Standard Contract of this contract. The provider understands that the Department is a public agency which is mandated to conduct business in the sunshine, pursuant to Florida Law, and that all issues relating to the business of the Department and the provider are public record and subject to full disclosure. The provider understands that attempting to exercise undue influence on the Department and its employees to allow deviation or variance from the terms of this contract other than negotiated, publicly disclosed amendment, is prohibited by the State of Florida. The provider's conduct is subject to all state and federal raws governing the conduct of entities engaged in the business of providing services to government. 5. Transportation Disadvantaged The provider agrees to comply with the provisions of Chapter 427, Florida Statutes., Part r, Transportation Services, and Chapter 41-21 Fiorida Administrative Code, Commission for the Transportation Disadvantaged, if public funds provided under this contract will be used to transport clients, 6. Incident Reporting The Provider is required to document all reportable incidents, as defined in the District 11 Uniform Incident Reporting Protocol for Incident Reporting and Client Risk Prevention For Critical and Non-Criticallnddents which is incorporated herein by reference. 03103/06 22 PSMAI No. GA07 Contract # KG058 07/0112006 Community Care for Disabled Adults/Fixed Price Adult Services Program For each critical incident occurring during the administration of its program, the Provider must, within 24 hours of the incident, complete and submit the District's approved Incident Report (Exhibit E) to the respective department program incident report liaison. It is the Provider's responsibility to use the most current District 11 approved incident report for this purpose. A copy of the incident report must also be placed in a central file marked "Confidential Incident Report" Dissemination of the report within the department will be the responsibility of the department's program incident report liaison. Incidents that threaten the health, safety or welfare of any person or that place any person in imminent danger must be reported immediately to the department by telephonic contact. The information contained in the incident report is confidential. The dissemination, distribution or copying of the report is strictly prohibited, unless authorized by the Department 7. MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to subsection 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the provider shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the provider. If automatic deduction is not possible, the provider shaH pay the Transaction Fee pursuant to Rule 60A-1.031 (2), Florida Administrative Code. By submission of these reports and corresponding payments, provider certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The provider shall receive a credit of any Transaction Fee paid by the provider for the purchase of any item(s) if such item(s) are returned to the provider through no fault, act, or omission of the provider. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the provider's failure to perform or comply with specifications or requirements of the agreement Failure to comply with these requirements shall constitute grounds for declaring the provider in default and recovering procurement costs from the provider in addition to all outstanding fees. PROVIDERS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 8. Contract Term The department and the provider agree that this contract shall be for a one year term due to compliance concerns. If the provider faUs to meet these standards, the department at its exclusive option, may allow a reasonable period, not to exceed six months, for the provider to correct performance deficiencies. The six month period fOf the provider to come into compliance with current concerns will end on September 22,2006. If performance deficiencies are not resolved to the satisfaction of the department within the prescribed time, and if no extenuating circumstances can be documented by the provfder to the satisfaction, the department must terminate the contract The department has the sole authority to determine whether there are extenuating or mitigating circumstances. 03/03/06 23 PSMAI No. GA07 Contract # KG058 EXHIBIT A f~f~~~~ffl AS Screening for Consideration for Community-Based Programs PART I 1 Name:_ A. Date of Referral (Initial Contact): B. 0 Walk In 0 Phone 0 Other: 2 Address: C. Referral Source (indude phone number): District/Region: 3. Phone: D. Relationship to Individual Being Referred: 4. Race:_ Gender:_ Age/DOB: 5, Marital Status: E. Is Individual Aware of Referral? 0 Yes 0 No 6. Social Security Number: 7. Primary Language: 8. Medicaid 0 Number: 9. Medicare 0 Number: 1 Q. Other Insurance: 11. Financial: (for Placement & Supportive Services only) 12. Other Essential Person(s): physician, family rnerl1ber(s), POA, guardian. caregiver (include address and phone number) (SSDI) (SSI) (Workers Comp) (Other) (Other) Emergency Contact (and phone): 13. Directions to Home (as needed): $ $ $ $ $ 14. Problem/Diagnosis: 15, How Long a Problem? 17. Services Requested: 16. Urgency of Need: 18. Other Agencies Contacted for Help: i 9. AS Counselor's Signature: Date: 20 Disposition: 0 Protective Intervention Placement 0 Protective Intervention Supportive Services 0 Short-Term Case Mgmt n Information & Referrai 0 CCDA Application 0 ADA Medicaid \fJaiVBr HCOA l\ppJicat!on [] CCDA Waiting List" Score _ [] ADA Medicaid Waiver Waiting List - Score ~ HCDA Walling List - Score ~" 21. Due Process Pamphlet (CF/P! 140-43) GivenfMailed by: Date: Date: 23 Reviewed/Approved by: By: Date:c 22c Given to Supervisor for Review by: Date: 24. PART I sent to: 25. Referred to AS Counselor/Case Manager: CF-AA 1022. PDF 0912005 Date: Page i of 4 9!/ PART II FUNCTIONAL ASSESSMENT (ADLs AND IADLs) 26. Check sources of information used for FUNCTIONAL ASSESSMENT Section. o Individual Requesting Services o Other (specify): 27. Has individual requesting services had any ongoing problems with memory or confusion that seriously interfere with daily Hving activities? Describe: Indicate name and phone number of physician/other who is treating individual for memory/confusion problem(s): (Address all questions to the individual requesting services if possible. The purpose of these questions is to determine actual ability to do various activities. Sometimes, caregivers help the individual with an item regardless of the person's ability. Ask enough questions to make sure the individual requesting services is telling you what he/she can or cannot do.) Response Definitions: No help: Individual can perform activity without assistance from another person. Some help: Needs physical help, reminders or supervision during part of the activity. Can't do it at all: Individual cannot complete activity without mtal physical assistance from another person. Total Score: Add numbers from "Some help" and "Can't do it at all" columns to points given in question #33, and put sum in Total Score boxes. ACTIVITIES OF DAILY LIVING (ADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) o = No help 2 = Some help 3 = Can't do it at all Comments/Care Plan Implications: (lncfude services, suoolies, eauioment, etc,) 28. Dressing (includes getting out clothes and putting them on and fastening them, and putting on shoes) 0 29. Bathing (includes running the water, taking the bath or shower and washing all parts of the body including 0 hair) 30. Eating (includes eating, drinking from a cup and cutting foods) 0 31. Transferring (includes getting in and out of a bed or chair) 0 32. Tolleting (independently includes adjusting clothing, getting to and on the toilet, and cleaning one's self. If 0 accidents occur and person manages alone, count it as independent. If reminders are needed to clean up, change diapers, or use the toilet this counts as some help)' 33. Bladder/Bowel Control - How well can you control ! your bladder Of bowel? 0 I I I -~ Never have accident (0) I ._ Occasionally have accidents (2) Enter Score -- Often have accidents (3) I .- Alwavs have accidents (4) ; , ~ ADL Total Score (Total possible score := 19) 0 Page 2 of 4 '))- INSTRUMENTAL ACTIVITES OF DAILY LIVING (IADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) o = No help 1 = Some help 2 = Can't do it at all Comments/Care Plan Implications: (Include services, supplies, equipment, etc.) 34. Transportation Ability (includes using local transportation, paratransit. or driving to places beyond 0 walking distance) 35, Prepare Meals (includes preparing meals for yourself including sandwiches, cooked meals and TV dinners) 0 36. Housekeeping (dusting, vacuuming, sweeping, laundry) 0 IADL Total Score 0 (Total possible score = 6) SUPPORT AND SOCIAL RESOURCES OF INDIVIDUAL REQUESTING SERVICES (No Score for Questions 37-46) 37, Check source(s) of information used for this section. o Individual Requesting Services o Other (specify): SERVICES/HELP Yes No NOTES Do you receive .,. 38. Personal Care Assistance (bathing, dressing, getting out of bed, toileting and eating) 39. Housekeeping (laundry, cleaning, meals, ete) 40. Transportation 41. Shopping/Errands 42. Personal Finances (money management) 43. Services from a health professional such as an I RN or Therapist? I \"" Adult O'Y C.", i I i i 45. Home delivered meals , I I (Formal only) I .- - . 46. Any other kind of help (Specify) Page 3 01 4 J~