Resolution 368-1989
>-
RESOLUTION NO.
368 -1989
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO APPROVE THE
1989-90 COMMUNITY CARE FOR THE ELDERLY
CONTRACT BETWEEN MONROE COUNTY (IN HOME
SERVICES) AND THE FLORIDA DEPT. OF HEALTH
AND REHABILTATIVE SERVICES.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board
is hereby authorized to approve the 1989-90 Community Care for
the Elderly Contract between Monroe County (In Home Services)
and the Florida Dept. of Health and Rehabilitative Services, a
copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this ~ day of
Vt.t l'i'"
, 1989, A.D.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By /JII~ f:f#
Mayor/ hairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
By
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Attorney's Office
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STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
STANDARD CONTRACT
THIS CONTRACT is entered into between the State of Florida, Department of Health and Rehabilitative
Services, hereinafter referred to as the "department", andMONROE COUNTY BOARD OF COUNTY
-,,'
COMMISSIONERS/MONROE COUNTY IN-HOME SERVICES
hereinafter referred to as the .provider..
The parties agree:
I. The Provider Agrees:
A. To provide services according to the conditions specified in Attachment I.
B. federal Laws and Regulations
1. If this contract contains federal funds, the provider shall comply with the
provisions of 45 CFR, Part 74. and other applicable regulations as specified in
Attachment I.
Z. If this contract contains federal funds and is over $100.000, the provider shall
comply with all applicable standards. orders, or regulations issued pursuant to the
Clean Air Act. as amended (42 USC 1857 et seq.) and the Water Pollution Control Act.
as amended (33 USC 1368 et seq.).
c. Audits and Records
1. To raaintain books, records. and documents in accordance with accounting procedures
and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided by the department under this contract.
Z. To assure that these records shall be subject at all times to inspection, review, or
audit by state personnel and other personnel duly authorized by the department, as
well as by federal personnel.
3.
To maintain and file with the department such progress, fiscal, inventory. and other
report~ as the department may require within the periOd/of this contract.
~ 1
4. To include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
5. To provide a financial and compliance audit to the department as specified in
Attachment II. Additional audit requirements are specified in Special
Provisions, Attachment I. Section N/A
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D. Retention of Records
1. To retain all financial records, supporting documents. statistical records. and any
other documents pertinent to this contract for a period of five (5) years after
termination of this contract, or if an audit has been initiated and audit findings
have not been reso 1 ved at the end of fi ',Ie (5) years, the records sha 11 be reta i ned
until resolution of the audit findings.
2. Persons duly authorized by the department and federal auditors, pursuant to 45 CFR,
Part 74.24(a),(b). and (d), shall have full access to and the right to examine any of
said records and documents during said retention period.
E.
Monitoring
1. To provide progress reports. including data reporting requirements as specified in
Attachment ~ These reports will be used for monitoring progress or performance
of the contractual services as specified in Attachment I
~
2. To provide access to. or to furnish whatever information is necessary to effect this
IlIOnitoring.
3. To permit the department to monitor the aforementioned service progr'am operated by
the provider or subcontractor or assignee according to applicable regulations of the
state and federal governments. Said monitoring will include access to all client
records.
F. I ndeMifi cat ion
To be liable for,and to indemnify. defend. and hold the department harmless. to the extent
allowed by law. from all claims. suits. judgments. or damages, including court costs and
attorneys' fees. arising out of the negligent acts or omissions of the provider in the course
of the operation of this contract. Nothing herein is intended to serve as a waiver of
sovereign illlllUnity by any provider to which sovereign inmunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the State
of Florida to be sued by third parties in any matter arising out of any contract.
G. Insurance
To provide adequate l~ability insurance coverage on a comprehensive basis at all times during
the existence of this contract. Upon the execution of this contract. the provider shall
furnish the department written verification of the existence of SUCh insurance coverage. If
the provider is a county or municipality. the provider shall furnish the department written
verification of liability coverage in accordance with Section 768.28(5). Florida Statutes.
H. Safeguarding Inforaation
Hot to use or disclose any information concerning a recipient of services under this contract
for any purpose not in conformity with the state regulations and federal regulations (45 CFR.
Part 205.50), except upon written consent of the recipient. or his responsible parent or
guardian when authorized by law.
I. Client Infor.etion
To submit management. program, and client identifiable data. as specified by the department
in Attachment ~, to the department for inclusion in the HRS Client Information System.
J. Assign.ents and Subcontracts
To neither assign the responsibility of this contract to another party nor subcontract for
any of the work contemplated under this contract without prior written 3pproval of the
department. No such approval by the department of any assignment or subcontract shall be
deemed in any event or in any manner to provide for the incurrence ~f any obligation of the
7/1/89
department in addition to the total dollar amount agreed upon in this contract. All such
assignments or subcontracts shall be subject to the conditions of this contract (except
Section I, Paragraph 0) and to any conditions of approval that the department Shall deem
necessary.
K. Financial Reports
To provide financial reports to the department as specified in Attachment I
L. Return of Funds
To return to the department any overpayments due to unearned funds or funds di sa 1 lowed
pursuant to the terms of this contract tflat were disbursed to the provider by the department.
The provider shall return any overpayment to the department upon discovery of the
overpayment. In the event that the department first discovers an overpayment has been made.
the department will notify the provider by letter of such a finding. Should repayment not be
made in a timely manner, the department wi 11 charge interest of one (1) percent per month
compounded on the outstanding balance after forty-five (45) days. Days wi 11 be counted
beginning with the day the amount was booked as a receivable by the department.
M. Unusual Incident Reporting
If services to clients will be provided under this contract, the provider and any
subcontractors shall report to the department unusual incidents in a manner prescribed in
HRSR 0-10-1.
.. Transportation Disadvantaged
If c1 ients wi 11 be transported under thi s contract, the provider wi 11 subcontract with the
designated Coordinated Community Transportation Provider, in accordance with the local
Memorandum of Agreement, or otherwise comply with the provisions of Chapter 427. Florida
Statutes. The provider shall submit to the department the reports required pursuant to
Volume 10, Chapter 27, HRS Accounting Procedures Manual.
O. Purchasing .
It is expressly understood and agreed that any articles whiCh are the subject of, or are
required to carry out this contract shall be purchased from Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, Florida Statutes, in
the same manner and under the procedures set forth in Section 946.515(2),(4), Florida
Statutes. For purposes of this contract, the person, firm, or other business entity carrying
out the provisions of this contract shall be deemed to be substituted for this agency insofar
as dealings with PRIDE. This clause is not applicable to any subcontractors, unless
otherwise required by la~.
P. Civil Rights Certification
The provider gives this assurance in consideration of and for, the purpose Of obtaining
federa 1 grantS. loans, contracts (except contracts of insurance or guaranty). property,
discounts, or other federal financial assistance to programs or activities receiving or
benefiting from federal financial assistance. The provider agrees to complete the Civil
Rights Compliance Questionnaire. HRS Forms 940 A and B, if so requested by the department.
The provider assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which
prOhibits discrimination on the basis of race. color. or national origin in programs
and activities receiving or benefiting from federal financial assistance.
Z. Section 504 of the Rehabilitation Act of 1973. as amended. 29 U.S.C. 794, whiCh
prohibits discrimination on the basis of handicap in progrlms and activities
receiving or benefiting from federal financial assistance.
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3. Title IX of the Education Amendments of 1972. iJS amended. 20 U.S.C. 1681 et sea..
which prohibits discrimination on the basis of sex in education programs' and
activities receiving or benefiting from federal financial assistance.
4. The Age Discrimination Act of 1975. as amended. 42 U.S.C. 6101 et seq.. which
prohibits discrimination on the basis of age in programs or activities receiving or
benefiting from federal financial assistance.
5. The Omnibus Budget Reconciliation Act of 1981. P.L. 97-35, which prohibits
discrimination on the basis of sex and religion in programs and activities receiving
or benefiting from federal financial assistance.
...,
6. All regulations, guidelines. and standards lawfully adopted under the above statutes.
The provider agrees that compliance with this assurance constitutes a condition of continued
receipt of or benefit from federal financial assistance, and that it is binding upon the
provider. its successors. transferees, and assignees for the periOd during which such
assistance is provided. The provider further assures that all contractors. subcontractors.
subgrantees. or others with whom it ar;'anges to provide services or benefits to .participants
or employees in connection with any of its programs and activities are not discriminating
against those partiCipants or employees in violation of the above statutes, regulations,
guidelines. and standards. In the event of failure to comply, the provider understands that
the Grantor may. at its discretion, seek a court order requiring compliance with the terms of
this assurance or seek other appropriate judiCial or administrative relief. to include
assistance being terminated and further assistance being denied.
Q. Requ1re.ents of Section 287.058. Florida Statutes
1. To submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre-audit and post-audit thereof.
2. Where applicable. to submit bills 'for any travel expenses in accordance with
Section 112.061. Florida Statutes. The department may establish rates lower than the
maximum provided in Section 112.061.
3. To provide units of deliverables, including reports, findings. and drafts as
specified in **********N/A******************. to be received and
accepted by the contract manager prior to payment.
4. To cOlllply with the criteria and final date by which such criteria must be met for
completion oft:his contract as specified in Section III. Paragraph A.2 of this
contract.
5. To allew public access to all documents. papers, letters', or other materials SUbject
to the proviSions of Chapter 119, Florida Statutes, and made or received by the
provider in conjunction with this contract. It is expressly understood that
substantial evidence of the provider's refusal to comply with this provision shall
constitute a breach of contract.
R. Withholdings and Other Benefits
1. The provider is responsible for Social Security and Income Tax withholdings.
2. The provider is not entitled to state retirement or leave benefits except where the
provider is a state agency.
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3. Unless justified by the provider and agreed to by the department in ,;ttachment [.
Special Provisions. Section O. the department ....ill not furniSh services of support
normally available to career services employees (e.g., office space. office supplies.
telephone s~rvice. secretarial. or clerical support).
S. Sponsorship
As required by Section 286.25, Florida Statutes. when sponsoring a program financed wholly or
in part by state funds, including any funds obtained through this contract. the provider
assures that all notices, informational pamphlets. press releases. advertisements.
descriptions of the sponsorShip of the program, research reports, and similar pUblic notices
prepared and released by th~ provider shall include the statement:
'Sponsored by MONROE COUNTY BOARD OF COUNTY r.OMMT~~T()NF.R~/MONPOE COUNT'
PROVlOER IN-HOME SERVICES
and the State of Florida. Department of Health and Rehabil itative Services.. If the
.~ponsorship reference is in written material, the words .State of Florida, Department of
Health and Rehabilitative Services. shall appear in the same size letters or type as the name
of the organization.
T. Physician. Dentist. or Chiropractor Services
If this contract and/or any subcontract resulting therefrom involve engaging, as part of the
provider's full or part-time staff, a physician, dentist. or chiropractor required to be
licensed pursuant to Chapters 458. 466. and 460. Florida Statutes. respectively, the provider
or subcontractor(s) will conduct a baCkground investigation on each individual. Jrior to
hiring such individual. or if already hired. prior to the execution of this contract or
subcontract. The background investigation shall include contact with the Florida Department
of Professional Regulation (DPR) and the Florida Protective Services System (FPSS) to ensure
that:
1. The physician. dentist. or chiropractor has a current license to practice in Florida
with no restrictions which ....ould preclude the carrying out of assigned duties and
responsibilities.
2. The physician. dentist, or chiropractor has no record of having been disciplined
(i.e.. license suspended or revoked. censured, penalized/fined. or placed on
probation) in Florida or any other state.
The provider and/or' subcontractor( s) sha 11 submit documentat ion of the background
investigation substantiating the above conditions to the contract manager and shall obtain
departmenta 1 approva 1 pri or to hi ri ng or otherwi se cont i nu i ng to engage the servi ces of a
physician, dentist. or chiropractor. The documentation require~ent shall be met in all cases
regardless of the fact that the individual has a clean. clear. unblemished disciplinary
record. Failure to comply with this provision will constitute a breach of contract.
I I. The Departllent Agrees:
A. Contract '-aunt
To pay for contracted services according to the conditions of Attachment [ in an amount not
to exceed S 520,296.00 . subject to the availability of funds. The Stat:? of
Florida's performance and Obligation to pay under this contract is contingent upon an annual
appropriation by the Legislature. The costs of services paid under Jny other contract or
from any other source are not eligible for reimbursement under this contract.
')
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B. Contract Pa~nt
Pursuant to Section 215.422. Florida Statutes. on receipt of an invoice and receipt.
inspection, and approval of the goods or services. the department shall file the invoice with
the ComptrOller within fifteen (15) days. If the payment of the invoice is not mailed by the
department to the vendor within forty-five (45) days after receipt of the invoice and
receipt, inspection. and approval of the goods and services. the department wi 11 pay the
vendor, in addition to the amount of the invoice. interest at a rate of one (1) percent per
month. or portion thereof, on the unpaid balance from the expiration of suCh forty-five (45)
day period until such time as the warrant is mailed to the vendor. Exceptional circumstances
as defined in Section 215.422(2). Florida Statutes, may permit the deadline for payment to be
revised. '
III. The Provider and Depart.ent Mutually Agree:
A. Effective Date
1. This contract shall begin on7-1-89 or on the date on
which the contract has been signed by both parties, whichever is later.
2. This contract shall end on 6-30-90
B. Te~ination
1. Ter.inat1on at Will
This contract may be terminated by either party upon no less than thirty (30) days
notice. without cause. Said notice shall be delivered by certified mail. return
receipt requested. or in person with proof of delivery.
2. Ten.inat1on Because of Lack of Funds
In the event funds to finance this contract become unavailable. the department may
terminate the contract upon no less than twenty-four (24) hours notice in writing to
the provider. Said notice shall be delivered by certified mail. return receipt
requested. or in person with proof of delivery. The department shall be the final
authority as to the availability of funds.
3. Te~ination for Breach
Unless the provider'S breach is waived by the department in writing, the department
may. by written notice to the provider. terminate this contract upon no less than
benty-four (24) hours notice. Said notice shall be delivered by certified mail.
return receipt requested. or in person with proof of delivery. If applicable. the
dep~rtment may employ the default proviSions in Chapter 13A-1. Florida Administrative
Code. Waiver of breach of any provisions of this contract shall not be deemed to be
a waiv~r of any other breach and shall not be construed to be a modification of the
terms of this contract. The provisions herein do not limit the department's right to
remedies at law or to damages.
c. Notice and Contact
The name and address of the contract manager for the department for th is contract is:
Juan C. Manaricua, 401 NW 2 Avenue, 8-312, Miami, Florida 33128
The representative of the provider responsible for administration of the program under this
contract is Louis LaTorre, Executive Director, Monroe Co. In-Home 8rvs.
In the event that different representatives are designated by either party after execution of
this contract. notice of the name and address of the new representative will be rendered in
writing to the other party and said notification attached to originals of this contract.
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D. Renegotiation or Modification
1. Modifications of provisions of this contract shall only be valid when they have. been
reduced to writing and duly signed. The parties agree to renegotiate this contract
if federal ~nd/or state revisions of any applicable laws. or regulations make changes
in this contract necessary.
2. The 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 operating budget.
E. Malle. Mailing and Street Address of Pay~
1. The name and mailing address of the official payee to whom the payment shall be made:
Monroe County Board of County Commissioners
P. O. Box 1980
Key West, Florida 33041-1980
2. The name of the contact person and street address where financial and administrative
records are maintained:
Louis LaTorre, Executive Director. In-Home Servic~~
1315 Whitehead Street
Kev West. FloridA 33040
711/89 Contract :"\0.
F. All TenlS and Conditions InCluded
This contract and its attachments as referenced. ( Attachment I and
Attachment II
) .
contain all the terms and conditions agreed upon by the parties.
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IN WITNESS THEREOF. the parties hereto have caused this .lL page contract to be executed by their
undersigned officials as duly authorized.
. .
PROVIDER
STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES
Monroe co~Zt: of County
Commissio . '. ~~
SIGNED BY: tIV~
NAME: fi1/~IIA-./. /I. 72ro
TITLE: /!1A'ffJtt.! ellA' IlMA J
DATE: " ~ 9'1
At t est: D _. 1,. KOI4IAGE, Qlerk
~::~~~~
(or SS Number for an individual)
59-6000749
SIGNED BY:
NAME:John C. Farie
TITLE: District Administrator
DATE:
STATE AGENCY 29 DIGIT SAMAS ~DDE:
(for journal transfer only)
APPROVED AS ro POIIM
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....,.,.... '"'-"",- ,~UFFiCIENCY.
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Atl(NllfJy'. 0IIiee /1-)
PROVIDER FISCAL YEAR ENDING DATE:
9-30-89
1\
7-1-89
Aging and Adult Services
Community Care for the
Elderly
Cost Reimbursement
Advance Funding provision
ATTACHMENT 1
A. Services To Be Provided
The approved application for Community Care for the
Elderly funds for July 1, 1989 to June 30, 1990 and any
revisions thereto approved by the department, are referenced
as a part of this legal agreement between the department and
the provider, and prescribe the services to be rendered by
the provider.
B. Manner of Service provision
1. The services will be provided in a manner
consistent with the mission, goals and objectives of the
Better Living for Seniors program as described in the
provider's approved application for Community Care for the
Elderly funds and HRSM 140-4. It is the clear intent of the
aging and adult services program to coordinate locally
delivered services in accordance with the guiding principles
of the Better Living for Seniors program.
" .. ~
2. Funding specifically identified in the departments
operating budget for Better Living for Seniors initiative
shall be targeted to ensure utilization for appropriate
objectives and shall be so identified in the providers
approved application.
a. . Better Living for Seniors funding designated
in FY 1988-8~ is targeted to insuring availability of
limited case management at all central telephone line sites.
c. Method of Payment
. I
1. Subject to the availability of funds, the
department will reimburse no more than a total dollar amount
of $520,296 from general revenue for expenditures
made in accordance with the approved application for
Community Care for the Elderly funds.
2. Payment shall be on an advance and reimbursement
basis in accordance with HRSM 140-4. All requests for
payment will be made using forms approved by the department.
Expenditure reports will be submitted to support requests
for payment using forms approved by the department.
Replication of both forms via data processing equipment is
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permissible but replications must include all data ele~en~s
included on department forms.
3. The provider may request a monthly advance for each
of the first three months of the contract period, based on
anticipated cash needs. All reimbursement requests for the
fourth through the twelfth months shall be based on the
submission of monthly actual expenditure reports beginning
with the first month of the contract. The schedule for
submission of advance and reimbursement requests is found in
HRSM 140-4, 22-2. ...,
4. Advance funds may be temporarily invested by the
provider in an insured interest bearing account. All
interest earned on contract fund advances must be reported
and returned to the department on a monthly basis.
5. The provider may request extraordinary cash in
addition to the above advance requests in accordance with
information contained in the approved application. The term
"extraordinary cash" means cash needs resulting from
payables due within a given month for items generally paid
on a one time, non-recurring basis during the contract
period.. In accordance with HRSM 140-4, the amount of the
reimbursement request for a month for which extraordinary
cash and needs advance was made, will be reduced by the
amount of the advance.
6. It is expressly understood that any payment due to
the provider by the department under the terms of this
contract may be withheld until required program and
financial reports due from the provider, and necessary
adjustments thereto, have been approved by the contract
manager.
7. The contract manager will forward an approved
request for payment to the appropriate fiscal office only
after verification from the District Management Systems or
District Progra~ Office that lead agency weekly submission
of Service Logs (SL) for Medicaid Waiver clients is current
unless the lead agency is reporting all services through the
micro comp~ter linkage process. The advanc~ requests for
the first-three months do not require verification by
District Management Systems. This verification is not
submitted with the request for payment. A lapse of two
weeks is considered current.
8. The provider must submit the final request for
payment to the department no more that sixty 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 request submitted after the aforesaid
agreed-upon period.
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9. A final receipt and expenditure report will be
forwarded to the department within seventy-five days after
the contract ends or is terminated. All nonies which have
been paid to the provider which have not been used to retire
outstanding obligations of the contract being closed out
must be refunded to the department along with the final
receipt and expenditure report.
10. Submit a complete and accurate HRS Form 2006,
Service Cost Reports from the provider's lead agencies to
the contract manager withirt40 (forTY) calendar days of
December 31st (6 months report) and within45 (forty five)
calendar days of June 30th (12 months report).
D. Special provisions
1. Match
Total provider match for this contract period will
be at least $57,811.00 The provider's
contribution will be made in the form of cash and/or in-kind
resources. By the end of the sixth month of the contract
period matching amounts provided must be in proper
proportion to the Community Care for the Elderly funds
expended. At the end of the contract period, all Community
Care for the Elderly funds expended must be properly
matched.
2. State Laws and Regulations
The provider agrees to comply with applicable parts
of the Florida Statutes, Rule 10A-I0 F.A.C. promulgated for
administration of Chapter 410-410.029 Florida Statutes and
HRSM 140-4.
3. Non~expendable Property
a. NQn-expendable property is defined as tangible
personal property of a nonconsumable nature that has an
acquisition cost of $200 or more per unit, and an expected
useful life of at least one year; and hardbacked bound
books, the value or cost of which is $25 or more.
b. Prjor written approval is required by the
department for the purchase of any item of non-expendable
property not included in the approved application for
Community Care for the Elderly funds.
c. All such property shall be listed on the
property record by description, manufacturer's model number,
serial numbers, date of acquisition and unit cost, property
inventory number and information on the condition, transfer,
replacement or Cisposition of the property. All such
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property purchased under this contract shall be inventoried
annually and an inventory report shall be submitted to the
department with the application requesting Community Care
for the Elderly funds.
d. Disposition of non-expendable property and
unused supplies will be in accordance with HRSM 140-4.
e. Title to all non-expendable property acquired
with funds from this contract shall be vested with the
provider. ~
4. Travel
a. An HRS travel voucher (State of Florida
Voucher for Reimbursement of Traveling Expenses - Form C-
676), or an equivalent form developed by the provider must
be completed. Original receipts for expenses incurred
during officially authorized travel; items such as cat'
rental and air transportation, parking and lodging, tolls
and fares; are required and may be requested by the
comptroller prior to reimbursement. Section 287.058(1) (b),
F.S., requires that bills for any travel expense shall be
submitted in accordance with, Section 112.061, F.S.,
governing payments by the state for traveling expenses.
HRSR 40-1 (Official Travel of HRS Employees and Non-
Employees) provides further explanation, clarification, and
instruction regarding the reimbursement of traveling
expenses necessarily incurred during the performance of
official state business.
b. For conference travel, prior approval is
required in accordance with Section 112.061, F.S. _for
conference travel and must be certified on Form C-676C
(State of Florida Authorization to Incur Travel Expense)
with a copy of the program or agenda of the conference
attached. Reimbursement is in accordance with "a" , above.
. See HRSR 40-1 for further explanation, clarification and
instruction.
c. The provider must retain on file in an
auditable format, documentation of all travel expenses to
include the following data elements: name of the traveler,'
dates of travel, travel destination, purpose of travel,
hours of departure and return, per diem or meals allowance,
map mileage, incidental expenses, signature of payee and
payee's supervisor.
d. The provider may consolidate the travel
expense claims for each individual to include travel for a
specific period of time. Consolidated reports must be
supported by a travel log which details each trip for which
travel expenses are claimed.
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5. Client Information
a. The following clause supercedes Standurd
Contract, Section I. I. as the provider does not engage in
direct service provision: "The provider will assure through
contractual provision in their subcontracts that HRS Client
Information Form (ClF) and the service Logs (SL) are
recorded and submitted to the department in accordance with
the mission of Better Living for Seniors to register clients
in the Client Information ~ystem (CIS) and serve clients
from the point of contact with Central Access Telephone
System (CATS). The providers and subcontractors shall
assure that CIFs are submitted every week in accordance with
HRSP 50-10 and instructions provided by the Director of the
District Management system."
b. The provider shall require and assure that
lead agencies submit CIS data on Medicaid waiver Clients on
a weekly basis unless the provider is reporting all services
through the Microcomputer linkage process.
6. Reports
The provider will submit an annual report as
described in HRSM 140-4 to the contract manager by
Auqust 20, 1990
7. Subcontracts
a. pepartmental approval of the provider's
application shall constitute departmental approval of the
provider subcontracts if the subcontracts follow the service
and funding information as identified in the approved
provider application.
b. . The provider will provide technical assistance
to all subcontractors, as necessary.
. c. The provider agrees to conduct monitoring of
subcontract agencies according to a schedule described in
HRSM 140~4.or other department documents. 'Copies of reports
of such monitoring visits and the notification letter with
agenda will be submitted to the department and other
appropriate agentf in a format and within the time frames
approved by the department.
8. Suspension
a. The department may, for reasonable cause,
temporarily suspend the use of funds by a provider pending
corrective action, or pending a decision of terminating the
contract.
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b. The department may prohibit the provider fron
rece~vlng further payments and may prohibit the provider
from incurring additional obligations of funds. The
suspension may apply to only part, or to all of the
provider's operations.
c. To suspend operations of the provider, the
department will notify the provider in writing by Certified
Mail of: the action taken: the reason(s) for such action:
and the conditions of the suspension. The notification will
also indicate: what corre~tive actions are necessary to
remove the suspension: the provider's right to an
administrative hearing: and, give the provider the
appropriate time period to request an administrative hearing
before the effective date of the suspension (unless provider
actions warrant an immediate suspension).
9. Copyright Clause
. . .
Where activities supported by this contract
produce original writing, sound recordings, pictorial
reproductions, drawings or other representation and works of
any similar nature, the department has the right to use,
duplicate and disclose such materials in whole or in part,
in any manner, for any purpose whatsoever and to have others
acting on behalf of the department to do so. r.f the
materials so developed are subject to copyright, trademark,
or patent, legal title and every right, interest, claim, or
demand of any kind in and to any patent, trademark or
copyright, or application for the same, will vest in the
state of Florida, Department of state, for the exclusive use
and benefit of the state. Pursuant to section 286.021,
Florida Statutes (1987), no person, firm or corporation,
including parties to this contract, shall be entitled to use
the copyright, patent or trademark without the prior written
consent of the Department of State.
10. Bonding
The provider agrees to furnish an insurance bond
from a 'responsible commercial surety company covering all
officers, employees and agents of the provi~er authorized to
handle funas received or disbursed under th~s contract in a
amount commensurate with the funds handled, the degree of
risk as determined by the surety company, and consistent
with good business practice.
11. Automated Financial Records
The use of computers in financial management is
encouraged. The provider utilizing automated systems must
remember that there is an obligation to abide by their
contract agreement with the department, Sections I.C. Audits
and Records, I.D. Retention of Records and I.E. Monitoring.
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. \
In order to meet the regui~ernents of Section I.e.,
I.D., and I.E. original records must be kept in a reasonable
form, namely:
a. A permanent written (printed and dated) record
of financial transactions must be developed and verified by
the provider and retained in a manner to facilitate
inspection by auditors and program monitors.
b. Computer matntained financial records must be
printed out at least monthly, properly recorded/dated,
initialed by the fiscal officer or project director and
placed into a permanent binder (general ledger). It is also
recommended that the diskette containing this information be
retained in the event that there is a future need to review
the fiscal information required for that reporting period.
c. Proper reference and back-up materials. such as
invoices, cancelled checks and bank statements must be
properly dated and grouped accordingly on a monthly basis.
d. All records and documentation are to be
retained for at least five (5) years provided that
applicable audits have been released.
12. Amendments and Changes
a. Budget changes and/or adjustments shall be
made according to the provisions of HRSM 140-4.
b. Changes in the approved application for
Community Care for the Elderly funds not affecting the total
contract amount are valid only when submitted in writing and
approved by the department and provider.
c. Any reduction or increase in total contract
amount must .be authorized through a contract amendment.
d. This contract may be amended for any future
increases in funding for the CCE program.
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13. Abuse, Neglect and Exploitation Re~orting
If at any time an employee of the provider is
aware of or suspects that abuse, neglect, or exploitation of
children, disabled persons, or aged persons has occurred, as
defined in Chapter 415, Florida statutes, he/she is required
to immediately report such known or suspected abuse or
neglect to the department by calling the Abuse Registry, 1-
800-96-ABUSE. Failure of the employee to immediately report
known or suspected abuse, neglect or exploitation may
constitute a breach of co~tract and may resu~t in
te~ination of the contract.
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14. AcquIsitions of Word and/or Data ProC~5S11)q Hardware.
Software and Services
All information technology resource acquisitions
require an approved Information Resource Request for all comput~r
technology related r~sources prior to reImbursinq the provid~r.
The provider must receive prior written approval to purchase such
resources from the District Management Systems Director and the
contract manager.
...,
15. Grievance and Fair HearinQ Procedures
The provider will assure through contractual provisiofls
that lead agencies utilize the fair hearing system outlined in
HRSM 140-4 through which clients may present _ request for a fair
hearing.
16. Project Independence
a. The department has implemented Project
Independence, and initiative to assist public assistance
recipients to enter and remain in gainful employment. Emplc'yment
of Project Independence participants is a mutually beneficial
goal for the provider and the department in that it provides
qualified entry level employees needed by many providers and
provides substantial savings to the citizens of Florida.
b. The provider or its agent aoree to notify the
department of entry level employment opportunities associated
with this contract which require a high school edu=ation Dr less.
The department will provide information to the provider
identifying Project Independence clients who are referred to the
provider. In the event that the provider or its agent employs a
person who was referred by the department~s Project Independence
office, the provider will notify the department.
~
A1;ACH-l.CCE/J~M.
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t ~ I HVH.. ! "'L A!HJ l.:Ul"lPLIANCE A"- - --")
Attachment~
This attachment is applic~ble if the pro'/ider is a state or local govern-
~ent, uni'/ersity, hospital or other nonprofit entity. It shall not apply
- if the total of all funds received or earned during the provider's fiscal
year from contracts with the department is less than $25,000. The provide
has "received" funds when lt has obtained cash from the department or when
it has incurred expenses which will be reimbursed by the department.
Goverr.mental providers only may determine funds "received" in a manner
consistent with their method of accounting.
The provider agrees to have an annual financial and compliance audit per-
formed by independent auditors in a~cordance with the current Standards fa
Audit of Governmental Organizations, Programs, Activities and Functions
(the "Yellow 800k") issued by the Comptroller General of the United States
State and local governments shall comply with Office of Management and
Budget (OMS) Circular A-128, "Audits of State and Local Governments".
Universities, hospitals and other nonprofit providers shall comply with th,
audi t requirements contained. in Attachment F of OMS Circular A-IIO, "Grant,
and Agreements with Institutions of Higher Education, Hospita~s~ and Other
Nonprofit Organizations", except as modified herein. Such audits shall
cover the entire or~anization for the organization's fiscal year. The
scope of audits performed need include only the financial and compliance
requirements of the "Yellow Book", and may disregard those related solely
to economy and efficiency or to program results.
Compliance findings related to contracts with the department shall be basec
on the contract requirements, including any rules, regulations, or statute:
referenced in the contract. Liabilities due to the department because of
unexpended funds or because funds were not expended in accordance with con-
tract terms shall be calculated and fUlly disclosed in the audit report.
This requirement does not expand the scope of the audit as prescribed by
the "Yellow Book". In addition to the basic financial statements, the
audit report shall include: (a) a detailed schedule of all revenues identi-
fied by source, such as individual contracts by contract number, client
fees, and private donations and (b) a schedule of functional expenses whict
presents line item expenditures such as salaries, travel and supplies by
program services and supportinq services, with the portion of total sup-
porting services allocable to proqrams presented as a Single line item
increasinq program services ~nd decreaSing supporting services. Where
applicable, the audit report shall include a computation showing whether or
not matchinq req~irements'were met.
The prOVider shall. ensure that audit working papers 'are made available to
the department or its desiqnee upon request for a period of five years from
the date the audit report is issued unless extended in writinq by the
dep~rtment. .
Unless otherwise required by Florida Statutes, copies of the financial and
compliance audit r_port and management letter, if any, shall be submi~ted
within 120 days after the end of the provider's fiscal year to both
~. Office of Audit and Quality Control Services
8uilding 3. Room 219
1317 win~wood 8oulev,"'\r1
T:lll..1hasse~, florida 3239/)-0700
b. :~~tract ~rtna7er f~r the dnprtrtment
07/81/3.>3
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