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Resolution 86-18704 RESOLUTION NO. 86-18704 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) FOR THE RETARDATION PROGRAM AND AUTHORIZING EXECUTION OF TWO CONTRACTS TO PROVIDE SERVICES . BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT WHEREAS , the State of Florida, Department of Health and Rehabilitative Services has offered a grant of $166 ,924 . 80 to the City of Miami Beach in order to provide developmental training and transportation services for mentally retarded adults ; and WHEREAS , continued funding from the Department of H.R.S . is necessary in order to provide these essential services . NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that this grant offered from the State of Florida, Department of H.R. S . , be accepted; and that the Mayor and the City Clerk be authorized and directed to execute the two (2) contracts to provide developmental training for 35 mentally retarded adults at the Log Cabin. PASSED and ADOPTED this 17th day of December , 1986. (74MAYOR ATTEST : CITY CLERK FORM APPROVED DEPT. By /A- Va,-,VILJ2)SIM Date _--- 7/' r1/93 Contract No. )1'1- 5 P 3 STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES STANDARD RATE AGREEMENT THIS RATE AGREEMENT is entered into between the State of Florida, Department of Haalth and Rehabilitative Services. hereinafter referred to as the."department", and The City of Miami Beach hereinafter referred to as the 'provider. THE PARTIES AGREE: I. THE PROVIDER AGREES: D.Retention of Records 1.To retain all client records, financial records, A.Upon receipt of a prior authorization for services from supporting documents, statistical records, and any department staff, to provide the following services: other documents (including electronic storage media) pertinent to this rate agreement for a period of five (5) ADT/DTP years atter termination of this rate agreement, or if an audit has been initiated and audit findings have not SE been resolved at the end of five (5) years, the records Transportation shall be retained until resolution of the audit findings. Prior authorization for these services will be provided by 2. Persons duly authorized by the department and federal Developmental Services Program Of`ice auditors, pursuant to 45 CFR, Part 92.360)(10) shall or their designee. have full access to and the right to examine any of said records and documents during said retention period or B.To provide services which meet departmental standards as long as records are retained, whichever is later. defined in: E.Incident Reporting Attachment I 1. Client Risk Prevention If services to clients will be provided under this rate agreement, the provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed. in C.Federal Laws and Regulations HRSR 215-6, Paragraph 5, in the manner prescribed in 1. If this rate agreement contains federal funds, the HRSR 215-6 or district operating procedures. provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable 2. Abuse, Neglect and Exploitation Reporting regulations as specified in Section IV, Special In compliance with Chapter 415, F.S., an employee of Provisions. the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is 2. If this rate agreement contains federal funds and is or has been abused, neglected, or exploited, shall over $100,000, the provider shall comply with all immediately report such knowledge or suspicion to the applicable standards, orders, or regulations issued central abuse registry and tracking system of the under Section 306 of the Clean Air Act, as amended department on the single statewide toll-free telephone (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean number (1-800-96ABUSE). Water Act, as amended (33 U.S.C. 1368 et seq.), FIndemnification . Executive Order 11738, and Environmental Protection • If the provider is a state agency or subdivision as Agency regulations (40 CFR Part 15). The provider defined in section 768.28, Florida Statutes, only No. 2 shall report any violations of the above to the below is applicable. Other than state agencies or department. subdivisions refer only to No. 1 below. 3. If this rate agreement contains federal funding in 1.The provider agrees to be liable for all claims, suits, excess of $100,000, the provider must, prior to rate judgments, or damages, including court costs and agreement execution, complete the Certification attorney's fees, arising out of the negligent or Regarding Lobbying form, Attachment IT If a intentional acts or omissions of the provider, and its Disclosure of Lobbying Activities form, Standard Form agents, subcontractors, and employees, in the course LLL, is required, it may be obtained from the contract of the operation of this contract. Further, the provider manager. All disclosure forms as required by the agrees to indemnify the department against all claims, Certification Regarding Lobbying form must be suits, judgments, or damages, including court costs completed and returned to the contract manager. 1 7/1/93 • • 1 - 2. Compliance Questionnaire agreement. Such reporting requirement must be In accordance with HRSM 220-2, the provider agrees reasonable given the scope and purpose of this rate to complete the CMI Rights Compliance Questionnaire, agreement. HRS Forms 946 A and B, if services are provided to clients and if 15 or more people are employed. 4.To provide a financial and compliance audit to the J.Transportation Disadvantaged department as specified in Attachment II and to If clients are to be transported under this rate agreement, ensure that all relatedrty transactions are disclosed the provider will comply with the provisions of Chapter to the auditor. Additional audit requirements, if any, 427, Florida Statutes, and Rule Chapter 41-2, Florida are specified in Section IV, Special Provisions. Administrative Code. The provider shall submit to the 5.To Include these aforementioned audit and record department the reports required pursuant to Volume 10, Chapter 27, HRS Accounting Procedures Manualkeeping requirements in all approved subcontracts and . assignments. K.Requirements of Chapter 287.058, Florida Statutes M. Return of Funds 1.To submit bills for fees or other compensation for 1.To return to the department any overpayments due to services or expenses in sufficient detail for a proper unearned funds or funds disallowed pursuant to the pre audit and post audit thereof. terms of this rate agreement that_were disbursed to the provider by the department. The provider shall return 2. Where applicable, to submit bills or any travel any overpayment to the department within forty (40) expenses in accordance with section 112.061, Florida calendar days after either discovery by the provider or Statutes. The department may, when specified in notification by the department of overpayment. In the Section IV, Special Provisions, establish rates lower event that the provider or Its independent auditor than the maximum provided in section 112.061, Florida discovers an overpayment has been made, the Statutes. provider shall repay said overpayment within forty (40) calendar days without prior notification from the 3.To provide units of deliverables, including reports, department. In the event that the department first findings, and drafts as specified in discovers an overpayment has been made, the Attachment I , to be received and department will notify the provider by letter of such a accepted by the contract manager prior to payment. finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) 4.To comply with the criteria and final date by which percent per month compounded on the outstanding such criteria must be met for completion of this rate balance after forty (40) calendar days after the date of agreement as specified in Section III, Paragraph B of notification or discovery. the rate agreement. 2. For state universities, should repayment not be made 5. To allow public access to all documents, papers, within forty (40) calendar days after the date of letters, or other materials subject to the provisions of notification, the department will notify the State Chapter 119, Florida Statutes, and made or received Comptroller's Office who will then enact a transfer of by the provider in conjunction with this rate agreement. the amounts owed from the state university's account It is expressly understood that receipt of substantial to the account of HRS. evidence of the provider's refusal to comply with this provision shall constitute a breach of this rate N.Insurance agreement. 1.The responsibility for providing adequate liability insurance coverage on a comprehensive basis shall be L.Audits and Records that of the provider and shall be provided at all times 1. To maintain books, records, and documents (including during the existence of this rate agreement. The electronic storage media) in accordance with generally provider accepts full responsibility for identifying and accepted accounting procedures and practices which determining the type(s) and extent of liability insurance sufficiently and properly reflect all revenues and necessary to provide reasonable financial protections expenditures of fund3 provided by the department for the provider and the clients to be served under this under this rate agreement. rate agreement. Upon the execution of this rate agreement, the provider shall furnish the department 2.To assure that these records shall be subject at all written verification supporting both the determination reasonable times to inspection, review, or audit by and existence of such insurance coverage. Such state personnel and other personnel duly authorized coverage may be provided by a self-insurance by the department, as well as federal personnel. program established and operating under the laws of the State of Florida. The department reserves the right 3.To maintain and file with the department such to require additional insurance as specified in progress, fiscal and inventory reports as specified in Section IV, Special Provisions D.19 , where Section IV, Special Provisions, and other reports as the appropriate. department may require within the period of this rate 7/1/83 • • I - •I If. THE DEPARTMENT AGREES: services, the department shall pay to the provider, in addition to the amount of the invoice, interest at a rate of A.Contract Amount one (1) percent per month calculated on a daily basis on To make payments for services identified in Section I.A. the unpaid balance from the expiration of such forty (40) of this rate agreement at the rates stipulated below, in an day period, or thirty-five (35) day period for health care amount not to exceed $ N/A , subject providers as defined in Rule 3A-24, Florida Administrative to the availability of funds. The State of Florida's Code, until such time tr,?t the warrant is issued to the performance and obligation to pay under this rate provider. The temporary unavailability of funds to make a agreement is contingent upon an annual appropriation by timely payment due for goods or services does not the Legislature. The costs of services paid under any relieve the department from this obligation to pay interest other contract or rate agreement are not eligible for penalties. reimbursement under this rate agreement. E.Vendor Ombudsman SERVICE RATE A Vendor Ombudsman has been established within the ADT/DTP daily/ $18 . 12 Department of Banking and Finance. The duties of this Supported individual include acting as an advocate for vendors who Employment monthly ' 425 . 99 Transportation monthlyexperiencingproblems may be 95 . 18 p oblems in obtaining timely payment(s) from a state agency. The Vendor B.Schedule of Payments Ombudsman may be contacted at (904) 488-2924 or by To make payment on a monthly basis and calling the State Comptroller's Hotline, 1-800-848-3792. in accordance with the procedures and requirements for III. THE PROVIDER AND DEPARTMENT MUTUALLY payment outlined in Attachment I AGREE: A.Effective Date This rate agreement shall begin on J u l y 1 , 19 9 3 or the date on which this rate agreement has been signed C.Copies of Standards, Re'•uirements, and Vouchering by both parties, whichever is later. Procedures To make available to the provider, upon request, copies B.Ending Date of applicable program standards and requirements and This rate agreement shall end on June 3-0 , 19 9 4 vouchering procedures. C.Termination D.Contract Payment 1. Termination at Will Pursuant to section 215.422, Florida Statutes, the This rate agreement may be terminated by either party voucher authorizing payment of an invoice submitted to upon no less than thirty (30) calendar days notice. the department shall be filed with the State Comptroller without cause, unless a lesser time is mutually agreed not later than twenty (20) days from the latter of the date upon by both parties. Said notice shall be delivered by a proper invoice is received or receipt, inspection and certified mail, return receipt requested, or in person approval of the goods or services, except that in the case with proof of delivery. of a bona fide dispute the voucher shall contain a statement of the dispute and authorize payment only in 2. Termination Because of Lack of Funds the amount not disputed. The date on which an invoice is In the event funds to finance this rate agreement deemed received is the date on which a proper invoice is become unavailable, the department may terminate the first received at the place designated by the department. rate agreement upon no less than twenty-four (24) Invoices which have to be returned to a vendor because hours notice in writing to the provider. Said notice of vendor preparation errors will result in a delay in the shall be delivered b}' certified mail, return receipt payment. The invoice payment requirements do not start requested, or in person with proof of delivery. The until a properly completed invoice, as defined in Rule department shall be the final authority -as to the Chapter 3A-24, Florida Administrative Code, is provided availability of funds. to the department. Approval and inspection of goods or services shall take no longer than five (5) working days 3. Termination for Breach .—, unless the bid specifications, purchase order or contract Unle:,: the provider's breach is waived by the specifies otherwise. Such approval for the purpose of department in writing, the department may, by written authorizing payments does not constitute a final approval notice to the provider, terminate this rate agreement of services purchased under this rate agreement. A upon no less than twenty-four. (24) hours notice. Said payment is deemed to be issued on the first working day notice shall be delivered by certified mail, return receipt that payment is available for delivery or mailing to the requested, or in person with proof of delivery. If provider. If a warrant in payment of an invoice is not applicable, the department may employ the default issued within forty (40) days, or thirty-five (35) days for provisions in Chapter 13A-1.006(4), Florida health care providers as defined in Rule 3A-24, Florida Administrative Code Waiver of breach of any Administrative Code, after the receipt of the invoice and provisions of this rate agreement shall not be deemed receipt, inspection, and approval of the goods and to be a waiver of any other breach and shall not oe 5 7/1/93 IV. SPECIAL PROVISIONS (continued): This page left blank intentionally. 7 k �S P3 1-v.4- ATTACHMENT I I . Services to be Provided : A. Services are to be provided to eligible HRS Developmental Services clients in acrrdance with the HRS Developmental Services Manuals, Standards and Regulations referred to in this contract. B. Services to be provided are designed to meet individual clients needs. The services to be provided are intended to fulfill the clients potential as a human being and to reach the client maximum level of independent living and to facilitate the clients ability to achieve his/her maximum level of independent living. 1 . Program Performance: The Provider will comply with the following ' contract performance measures where applicable : a . All service providers will maintain compliance with HRSM 160-4 , Behavioral Programming , F.A. C. 10 F-8 , HRS 160-8 , Client Programming , DS 2012 , Habilitative Programming Minimum Standards, and the " Program Protocol for Residential Programs for Clients with Behavior Disorders" as it applies to Behavior Reduction Programs. b. On-site monitoring activities and vendor requirements for corrective action are contained in HRSM 160-5 Quality Assurance and Monitoring. All vendors must comply with the requirements contained in HRSM- 160-5 . c. HCBS Waiver (when applicable) : The provider will afford full access to and cooperate with the Independent Support Coordinator (s) in order to provide services as identified in the Support Plan. The Department reserves the right to mediate any disputes that arise between the Provider and I . S . C. The Department will have the final authority in all disputes 2 . Program Outcome: a . The Provider will ensure a minimum of 90% compliance with HP 1 .0. (program guidelines) and HP 2 . 0 (client outcome measures) where applicable. 9 •t II . Manner of Service Provision: A. Services shall be provided in the county (ies) of : Dade B . Services shall be provided by : The City of Miami Beach C. Services shall be at the following locations : 8128 Collins Avenue Miami Beach, Florida 33141 Miami Beach Activity Center D. Vacations, holidays and in-service time is not reimbursable as a service day for computing units of service under this contract . Hours and days of service shall meet minimum standard requirements , shall be described and met as per agency proposal , and per any other special provision or other section of this contract . III . Method of Payment : A. General Requirements for Payment 1 . The Department shall reimburse the Provider on a monthly basis to the services, rates and units of service found in section III . E. , Summary of Rates and Services . 2 . The Provider shall submit a Vendor Certification of Services Provided, (Invoice) (Exhibit A) , on a monthly basis . If a service is funded by more than one category the. Provider must submit a separate certification (invoice) for each category. 3 . Upon receipt of a correct Invoice, or billing, the department will issue an AEC generated DHRS Form 3031A. Invoices shall be issued in accordance with HRS Accounting Procedures Manual , Volume 2 , Vouchering, Chapter 6 . 2 Developmental Services and the Developmental Services ABC System User' s Guide, Invoice Module . 10 • 4 . In the case of a non-material breach, the Department retains the right to withhold payment of funds in total or in part, until such time as the' breach is corrected. B. Payment for DS/HCBS Medicaid Waiver Eligible Clients 1 . The service, units of service and rates • found in III . E. , Summary of Rates and Services , will be used to reimburse the Provider for the provision of services to DS/HCBS Medicaid Waiver eligible clients who are authorized to receive said services . 2 . To receive reimbursement for services the Provider will submit a separate invoice for all eligible Med-Waiver clients , on a monthly basis , pursuant to the procedures found in section III . A. , General Requirements for Payment . 3 . During the life of this agreement required documentation may change due to DS/HCBS Medicaid Waiver expansion requirements . Should documentation requirements be changed , the Department and the Provider agree to make changes through a memorandum of understanding or formal contract amendment , at the discretion of the Department. C. Program Specific Requirements for Payment (Agreements that include Adult Day Training services) . 1 . Local match for the Developmental Training Program is required at 12 1/2% of the total program cost . The state share is 87 1/2% . 2 . Documentation verifying the funding sources and amount of the 12 1/2% required local match shall be submitted no later than June 30 , 1994 and shall be subject to the approval of the Department . D. 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 11 • E. Summary of Rates and Services. The Department agrees to pay for the service ur.•its • at the unit price (s) and limits listed below : Unit type Services Unit Price Daily ADT/DTP $18 . 12 Monthly Suns= ed Emp1 . _$475. 99 Monthly Transportation $95. 28 F. Invoice Requirements : The Provider shall request payment on a monthly basis through submission of a properly completed invoice (Exhibit A) within 10 days following the end of the month for which payment is being requested . G . Payments may be authorized only for service units on the invoicewhich are in accord with the above list and other terms and conditions of this contract. The service units for which payment is requested may not either be themselves , or cumulatively by totaling service units on previous invoices , exceed the total number cf units authorized by this contract . H. For the purpose of reimbursement, enrollment is related to continuing attendance . No day of absence will be reimbursed . The provider shall maintain attendance records for each reimbursable service. Monthly rates will be prorated for partial attendance IV. Special Provisions : A. Services to be Provided Where applicable the Provider agrees to provide the following services and adhere to the respective standards as indicated : 1 . Residential Habilitation Therapy The development and implementation of training activities in the residential facility designed to eliminate client- centered barriers to optimum functioning and to provide the client with the skills necessary to live the most independent life possible in the least restrictive setting . Standards : Habilitative Programming Minimum Standards (Oct 85) and Specialized Care Standards. 12 2 . Adult Day Training Training and related services provided to develop skills needed to function as independently as possible. Day training programs are operated at least 230 days per year, at least six hours per day with the aim of developing skills of individuals to function as independently as possible . These services are often designed to prepare individuals to live in less restrictive settings , work in the competitive labor market or function more independently in the community. Services typically include developmental training in a variety of life skill areas, adult basic education , behavioral services , and sheltered employment opportunities . Standard : Developmental Training Program Minimum Standards (Oct 85) and Specialized Care Standards . 3 . Physical Therapy Physical Therapy shall be those services that must be provided by a licensed physical therapist . This could include but would not be limited to: evaluation and recommendations, exercises for maintaining/increasing strength, range of motion and gross motor control , recommendations for positioning, wheelchair design and prescription, ambulation training, development of programs for licensed assistants, aides , and families or family surrogates to preform; this would include training of the responsible party and supervision of the programs in accordance with the practice act. Standards : Professional licensure in the state of Florida. 13 • 4 . Occupational Therapy Occupational therapy shall be those services that must be provided by a licensed occupational therapist. This could include but would not be limited to: e'.'aluation and recommendations, exercises for maintaining/ increasing strength, range of motion and fine motor control , splint/orthotic construction , activities of daily living , sensory stimulation/ integration, oral-motor programming, development of programs for licensed assistants , aides, and the families or family surrogates to perform; this would include training of the responsible party and supervision of the programs in accordance with the practice act. Standards : Professional licensure in the state of Florida. 5 . Speech Therapy Therapy provided to a client having deficits in receptive and/or expressive language to the extent that they cannot communicate effectively . Services are provided to improve oral communication or to augment a client ' s use of speech or oral motor programming. Standards : Professional licensure in the state of Florida 6 . Transportation Refers to transportation that must be purchased in order to implement the habilitation plan. It includes the purchase of bus passes, airline tickets , reimbursement for mileage , trip, or by month . 7 . Medical Services The provision of physicians and requested nursing services sufficient to ensure the good health of the individuals being served. The Provider agrees that all clients placed (enrolled) in his/her facility (program) will be evaluated annually by the end of the second quarter after the effective date of this contract. 14 • That a copy of said evaluation will be provided to the Department Case Manager or Independent Support Coordinator as appropriate. As well as notification to the Contract Manager. Standards : Specialized Care Standards and professional licensure in the state of Florida 8 . Behavioral Programing Services Services to be provided are designed to meet individual clients needs for skill acquisition or reduction of maladaptive behaviors through a structured training program. The need for such specialized services must be identified on their habilitation plan. The emphasis of the curriculum is to assist the client in maximizing these skills necessary for assimilation into the community . The structured, individualized prescriptive programming must meet these basic criteria : a . Increasing the complexity of acceptable _h;:ii -idul behaviors . b. Increasing the individual ' s ability to control his or her environment. c. Emphasizing the maximum development of those qualities which are as culturally valued as possible. d. Behavior programming shall refer to any attempt to teach new skill , to reduce inappropriate behavior, to make behavior occur under appropriate conditions and/or to maintain appropriate behavior. Standard: Behavioral Programing Minimum Standards (Oct 85) and Specialized Care Standards . 9 . Extended Employment/Supported Employment Shall be those services needed to provide training activities in a rehabilitation workshop facility that improves productivity of persons in extended employment. The training includes but is not limited to instructions in: learning to work with others , working under supervision, taking direction and criticism. This instruction will promote the department' s goal of self- suffiency and prevent inappropriate institutional care by providing individuals with marketable skills . 15 Standard : Extended Employment/Supported Employment Standards (Oct 85 ) and Specialized Care Standards . 10 . Supported Living The program shall be open to thc.e clients who have some degree of economic self- sufficiency and are capable of directing their own support in all but limited aspects of their lives, relying increasingly upon natural and generic supports , and who have elected to live in integrated community settings . Standards : The program shall be operated in accordance with the Supported Independent Living Model . 11 . Non-Residential Habilitation Therapy The development and implementation of training activities , outside the residential facility , designed to eliminate client- centered barriers to optimum functioning and to provide the client with the s}:ills necessary to __ive the most independent life possible in the least restrictive setting . Standards : Habilitative Programming Minimum Standards (Oct 85) and Specialized Care Standards . B. Eligibility for Purchase of Services : Determination of Eligibility. 1 . The HRS-DS Program shall have the right to determine what services shall be reimbursed under this contract. 2 . HRS-DS shall not reimburse the Provider for any ineligible person served. 3 . All new admissions shall have written approval of the DS Placement Coordinator and Contract Manager prior to enrollment for services under this contract . The Provider will not be reimbursed for any services provided prior to such approval . 4 . If the Provider has knowledge of any circumstances affecting eligibility of any person authorized to receive services under this contract, the Provider shall notify the HRS-DS Contract Manager, in writing within ten ( 10) business days . 16 • 5 . Admissions, suspensions , terminations or reduction of client services will be regulated in accordance with ,applicable state laws, regulations and rules . 6 . Abuse reporting . The Provider will report all suspected cases of abuse or neglect-of children, disabled or elderly individuals to • the Abuse Registry Office in Tallahassee, at 1-800-96-ABUSE and the Case Manager immediately. C. Provider Responsibilities : 1. The Provider shall comply with all applicable Federal and State licensing standards , and all other applicable standards, criteria and guidelines of the Department. 2 . The services will be provided in a manner that complies with applicable procedures in the Community Services Resource Utilization Manual HRSM 160-1, Behavioral Management Guidelines HRSM 160-4 , Client Programming Manual HRSM 160- 8 and the Client Services Manual HRSM 160-2 . 3 . The _ _ o :de?r W___ C .ve written notification to the DS Contract Manager and DS Placement Coordinator of any client vacancies and anticipated client vacancies. 4 . An annual compliance audit report prepared by a Certified Public Accountant is required (see Attachment :EL) . A copy of the Compliance Audit will be delivered to the Contract Manager no later than one hundred twenty (120) days after the last effective date of this contract. 5. Any earnings realized by the Provider as a result of contract-related and supported activities, including royalties received from copyrights on publications or other works developed under this contract, interest income from fees, or sale of assets purchased with contract funds shall not be expended without the prior written approval of the Department. The Department reserves the right to require those funds be used to reduce the cost borne by Federal Government or the Department or both. 6. Funds made available pursuant to this contract shall not be used by the Provider and/or subcontractor for the purpose of initiating -or pursuing litigation against the Department. 17 7 . Analysis of Expenditure Rate. The Provider agrees to submit an actual expenditure report for the six ( 6) month period from July 1 , 1993 through December 31 , 1993 . Such report shall be submitted not later than March 1 , 1994 . 8 . Bonding: The Provider agrees to furnish any insurance bond from a responsible commercial surety company to cover all officers, employees and agents of the Provider authorized to handle funds received or disbursed under this contract. The bond shall be in an amount commensurate with the funds handled , the degree of risk (as determined by the surety company) and consistent with good business practice. 9 . The Provider agrees to comply with the Education for All Handicapped Children Act (Public Law 94-142) and the Rules of the Department of Education : HRS Programs for the Handicapped (Chapter 6A-15 , F. A. C. ) . 10 . The Provider agrees to comply with all the Departmental policies and procedures implementing 393 . 067 ( 3 ) , F . S . Screening Requirements for non-Department employee (s) /applicant (s) . 11 . The Provider is responsible for ensuring the accuracy of unit counts in each category . 12 . 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 date (s) on which services were provided so that an audit trail documenting service provisions can be maintained . 13 . The Provider must maintain sufficient staff , facilities and equipment to deliver the agreed upon services , or to notify the Department whenever they are unable to, or are going to be unable to provide the required quality or quantity of services . a . All staff who may intervene with the client must be adequately trained. This should include but not be limited to: HRSM 160-4 , principles and procedures of behavior analysis, individual client programs, data collection, and the Bill of Rights of Retarded Persons . 18 D. General Provisions 1. Access to Records All client records including, but not limited to medical , psychiatric and psychological records , any and all other client records shall be the sole property of the Department and shall remain at the providers facility upon termination of this contract. The Department shall have reasonable access to all manuals, policies, procedures , personal records , and other written materials produced or developed by the Provider pursuant to this contract at any time during the course of this contract . Upon termination of this contract said material shall remain at the providers facility until the Department, or any subsequent Provider, has had reasonable opportunity to reproduce and duplicate said materials. 2 . Client Data The Provider will cooperate with the Department by supplying such information as may be required to complete such forms as the Client Information System/Developmental Services (HRS Form 50-3 ) , the DS Community Facility Report (HRS Form 705) , the DS Community Facility Population Report (HRS Form 760) , and other similar reports as required by the department. 3 . Right to Inspect The Provider agrees that the Department, (e. g. Counselors and General Services Staff , etc. , Human Rights Advocacy Committee (HRAC) Quality Assurance, Contract Management staff and District Advisory Council (DAC) members , etc. ) at reasonable times, may enter into and • upon the premises during the term of this contract . 4 . Copyrights Where activities supported by this contract produce original writing, sound recordings , pictorial reproductions, drawings or other graphic 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. If the materials so developed are subject to copyright, trademark, or patent, legal title 19 • and every right, interest, claim or demand of any kind in and to any patent, trademark, 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 , F. S . ( 1987) , no person, firm or corporation, including parties to this contru,:t, shall be entitled to use the copyright patent or trademark without the prior written consent of the Department of State . 5 . Community Relations a . The Provider agrees to conform to all local zoning ordinances and land restrictions. b. The Provider shall establish and maintain a good communication linkage to the surrounding neighborhood, and provide a mechanism for receiving feedback from the larger community. All responses , relative to concerns from the community , shall be maintained in a separate file for review by the Department . 6 . Client Relations The Provider agrees to actively cooperate with the recruitment of personal advocates for each client, providing them with the training needed to help assure the protection of the client' human, civil and legal rights . 7 . Client Records The Provider agrees to maintain a current record on each client served in the program which includes authorization for the provision of services . 8 . Compliance with Standards The Provider agrees to comply with all applicable federal and state licensing standards and all other applicable standards, criteria and guidelines established by the Department. 9 . Behavioral Management The Provider will adhere to the guidelines contained in HRSM 160-4 (Behavioral Programming) and HRSM 160-8 (Client Programming) . Manuals will be furnished upon request. 20 10 . Grievances and Fair Hearings The Provider shall establish written procedures so that applicants for services and current clients may present grievances about the operation of the contract . The Provider will advise applicants of the right to appeal a denial or exclusion -`mom the program services, failure to take account of a client' choice of services and of his/her right to a fair hearing to the final governing authority of the agency . 11 . Human Rights Advocacy Committee (HRAC) Access a . The Provider shall post in a readily accessible location and visible to all clients either procedures or a poster informing clients how they may contact HRAC . b. The Provider will allow the HRAC access to the facility And the right to speak with any developmentally disabled person being served a well as staff or volunteers who serve then, in accordance with sections 402 . 165 and 402 . 166 . F. S . 12 . Client Rights a . The Provider assures that the human rights of all clients as applicable and specified in Chapter 393 . 13 (3 ) F. S . , are protected and that it will abide by the provisions of Chapter 415 , F. S . , pertaining to protection from abuse, neglect and exploitation of aged and/or disabled persons and children . The Provider will report all suspected cases of abuse or neglect of children, disabled or elderly individuals to the Department' s central abuse registry at 1-800-96-ABUSE. b. The Department reserves the right to remove clients without notice . c. Confirmed cases of abuse or neglect of clients in the facility/program is grounds for termination of this contract in accordance with applicable Florida Statutes, rules and/or agency regulations . 13 . Fingerprinting The Provider agrees to comply with the fingerprinting requirements stated in sections 393 . 0655 and 393 . 067 , F. S . 21 14 . Project Independence a . The Department has implemented Project Independence, an initiative to assist public assistance recipients to enter and remain in gainful employment . Employment of Project Independence participants is a mutually beneficial goal for the Providers and the employees needed by many Providers and provides substantial savings to the citizens of Florida . b. The Provider or its agent agrees to notify the Department of entry level employment opportunities associated with this contract that require a high school diploma . 15 . Use of Funds for Lobbying Prohibited The Provider agrees to comply with the provisions of section 216 . 347 , F. S . , which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency . 16 . Client Services The Provider agrees to maintain service provision contracts with qualified professional staff as necessary to provide the habilitative services prescribed by the individual habilitation plans and to met licensure standards . The contracts shall specify the responsibilities of both parties , qualifications of the resource staff , description of the service to be provided, method and amount of payment, and duration of the contract . 17 . Emergency Preparedness The Provider agrees to be responsible for the care, maintenance and, if necessary, the relocation of clients during any natural disaster or period of civil unrest. 18 . Inventory Any equipment purchased and reimbursed with expense funds from this contract shall be purchased in accordance with departmental purchasing requirements and title shall remain with the Department. Equipment is defined as : "fixtures and other tangible personal property of a nonconsumable and nonexpendable nature, the value or cost of which is $500 or more and the normal expected 22 • 1 1 \ • life of which is one year or more, and hardback-covered bound books that are circulated to students or the general public, the value or cost of which is $25 or more, and hardback-covered bound books, the value or cost of which is $100 or more that are not circulated to students or the general public. " 19 . Insurance The Provider will obtain and maintain adequate liability insurance on all motor vehicles, owned and operated by the Provider and used in conjunction with the operation of the group home. The Provider will also obtain and maintain adequate liability insurance coverage on residents, staff, and visitors, as required by the Division of Risk Management, Department of Insurance. The Department is to be specifically named as an additional insured under all policies . Upon the execution of this contract, the provider shall furnish the Department written verification of the existence of such insurance coverage . 20. Management Meetings The Provider agrees to meet with the Residential Services Director (RSD) , as and when necessary. Meetings will be held at a time and place to be mutually agreed upon. 21. Lapsed Funds The provider agrees to renegotiate the number of units of units of service authorized by this contract in the event that the actual number of units being provided would result in lapsed contract funds due to underutilization by the provider. The provider agrees to enter into such re- negotiations within seven (7) days of receipt of such notification by the Department. 22 . Criteria for Admissions and Services a. Prospective clients, except private clients, must be referred by the department of Developmental Services, District 11 . b. The prospective client may demonstrate to be an appropriate candidate for placement at the facility, in accordance with the approved written admission criteria established by the provider and Department. 23 c. The Department shall not be held liable for payment if a client is admitted to a residential setting without prior written authorization from the Developmental Services Program Office. Additionally, the provider shall notify the placement coordinator i.. Developmental Services prior to accepting any other proposed placement from other HRS program offices, private pay or any other referral source. d. Each client of Developmental Services who participates in a residential or non-residential program shall be subject to a probationary period of ninety calendar days. During the probationary period, the provider shall evaluate the appropriateness of the client' s placement in relation to the service provider' s approved written criteria for admission. e. Service providers shall verbally notify the department as soon as a client is suspected of not meeting the written criteria for admission . Service providers shall notify the department in writing by certified mail as soon as a client is determined not to meet the written criteria for admission. f. If the client is found not to meet the service provider' s written criteria for admissions and services, the district Developmental Services program office is responsible for removing the client within a maximum of thirty-five calendar days of receipt of certified notice to the department, and providing alternative service arrangements necessary to ensure client safety and prevent regression, unless the service provider agrees to extend the probationary period. g. The provider shall continue to provide services in the facility until the client is removed by the department. The removal shall be completed within a maximum of thirty-five calendar days from the date of receipt of certified notice to the department unless otherwise agreed upon by the department and the provider. 24 • 23 . Suspension of Services a. Suspension of services can not be implemented by a service provider in a residential facility. b. The program office reserves the right to make periodic reviews of the utilization of funded slots in each residential or non-residential setting and adjust the allocation of slots accordingly to meet the changing needs of the client population. c. Payment for services by the HRS Developmental Services Program Office shall be considered payment in full . The provider shall not receive or accept payment for the client' s care or training from/or on behalf of a client in excess of the amount determined and authorized by the Department E. PERFORMANCE OBJECTIVES 1 . Assessments All clients (100%) will be assessed in accordance with the Department' s Habilitative Programming Minimum Standards (HRS-DS Form 2012 , October 85) . Such assessment shall occur within 180 days of placement. 2 . Program Planning a. Individual Program Plans (IPP' s) will be developed and implemented, for all clients (100%) , based on the results of the assessments. IPP's will be developed within 30 days of placement. b. Based on a sampling of the IPP' s by the Department, the Provider will meet a minimum of eighty (80%) of the identified goals on the clients ' IPP' s. 3 . Medical Care a . A Medical Care Plan (MCP) will be developed and implemented for all clients ( 100%) within fourteen (14 ) days of placement. b. Based on a sampling of the MCP' s by the Department, one hundred percent (100%) of identified medical interventions will have been implemented. 25 4 . DTP/ADT All ADT' S must maintain compliance to the Adult Day Training Program Minimum Standards HRS-DS Form 2006A, 2006D, 2006E. F. ABSENTEEISM The provider and the Department agree that a review of client absenteeism may occur during the life of this contract. This review may result is an adjustment of rates . 26 FINANCIAL AND COMPLIANCE AUDITS ATTACHMENT 11 This attachment is applicable, if the provider or grantee, hereinafter referred to as provider, is any local government entity, nonprofit o:ganizatton, or for-profit organization. • PART 1 : SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of 525,000 or more from the department during its fiscal year. The provider has-"received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Government Auditino Standards ("Yellow Book") issued by the Comptroller General of the United States. Local governments shall comply with Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments. Nonprofit providers receiving federal funds passed through the department shall comply with the audit requirements contained in OMB Circular A-133, Audits of Institutions of Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the "Yellow Book," and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. These requirements do not expand the scope of the audit as prescribed by the "Yellow Book." If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, shall be submitted within 120 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: A. Office of Audit and duality Control Services 1317 Uinewood Boulevard, Building 5, Room 116 Tallahassee, Florida 32399-0700 B. Contract Manager for the department C. Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse U.S. Bureau of the Census Jeffersonville, Indiana 47132 D. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dwyer Office of the Auditor General P. 0. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that'$tidit working papers are made available to the department, or its designee, upoft request for a period of five years from the date the audit report is issued, unless extended in writing by the department. Palje 2 PAR' II: GRANTS AND AIDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the department during its fiscal year or (2) a for-profit 'drganization receiving any amount from the department. The provider. has�'_received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed 2100,000, the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed 125,000, the provider will have the head of the entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be shorn:teo within 120 days after the provider's fiscal year erd to the following: A. Office of Audit and Quality Control Services 1317 Winewood Boulevard, Building 5, Room 116 Tallahassee, Florida 32399-0700 B. Contract Manager for the department C. Jim Dwyer Office of the Auditor General P. O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. PART III: NO AUDIT REQUIREMENT This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the department during its fiscal year or (2) s for-profit organization receiving any amount from the department. The provider has "received" funds when it has obtained cash from the department or when it has incurred expenses which will be reimbursed by the department. The provider has no audit or attestation statement required by this attachment. THIS PAGE LEFT BLANK INTENTIONALLY 29 ERB DEVELOPMENTAL SERVICES PROGRAM DISTRICT 11 Exhibit A INVOICE FOR PAYMENT (FOR USE WITH SERVICES OTHER THAN LTRC) VENDOR NAME: INVOICE 4 : SERVICE: CONTRACT t SERVICE PERIOD: RATE: NUMBER OF AMOUNT CLIENT NAME SS P UNITS ($) TOTAL $ PROVIDER SIGNATURE DATE 30 ' 7 ` / 107.1.111zxLn)m:/zxrvco.1:1ooS DAILY �nrm� � '"/� ��' Exhibit B ^~; / . . _ msnucr: 1SERVICE: y.,.x!�\ li��!i�%L Program (DTP) t...~ FM: merry: 'lade _-�� - xc�/�/�/ � ---- �� pm�`e1nBY: • L ____�_�__ ____ m�x�s�. ______ __� ---� - nus� � _�_ .' ____ YEAR: . 1•1:11111: orcwrTox� _____ sec_ c/ii- cvuz bites of crer^uo" for 1•13ow vice - _ bility n«� Da i/x nciuuu c- , � � / 2 5 6 / o v 1 3 p /5 16 � �Lll��/ 20 lDLl9 ]� �1cuu^ �y . /��q»n� 'lc c» /`«nl»~1 __Bair` "`~ '` ^ \/ | rm/ � [ .^' _�Lu�_ - u1A_-- _VA _ - _--- ---- --~_ -_-_ i:xi : i_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -'____ �__' __ __ _____ ___-__ r--��� --------__ -- ---- - — ----�---- | -- -- - - -- -- - -[- ( | _ ____l�__ ____ _--- | __________. __ _{__-- - - - - - - -- - -- - - -- - _ __-___- _ ___ _ _ _ _ _ _ _ ____ -- - � -_L__------ -------^^- . - _ _ __ __ _ __ _ _ ___ _ _ _ - _ -__- '__ ___ __ __- ( _-____--__- __--_- -- _--_-- -- -_ --_-- -- -- _ _-- -- _ _--. -___ ��__ __-__ __-_-___ ------ _- --_ -- -- -- -' __ ---_ -__- ''-__ ___ -'--- ____'_-____-� - ----'--------�--- - - -- - � _ | � ---_ -_ - --_- _- _ -_' ___-'_-_._�-�-�-' - '---------- --------- '----- -- - | � . � _ __ _ _ _ __ _ _ _ _ ' __ _ ��__ _ -- -- -- - _ -- os - - --Fr- ---- -- -- - -- ---- - -- -T-J-' - _ _ __ __ __' -'_-- - -- _ __ - __ _ . • �*c_ - - L - - - tOT XI c�x��/��'pnzsur c. /zvou�D'u�""o» wo N~^ u' com/1o+ou2ozsn 5: rm/u�z�gcxw. zxm1zD �� � "u...0".Iouwo 1uus cnurN ox MU Jr cpcn zs onmu.Eooz5nox na: xzOIeon1«u:11 ovS. TR/op/nal/. �,sc � � /*r .- - . . ^ . ^ Exhibit C DEPARD1f TF OF 1ff'AL;71 I RDIABILITATIVE SERVICES •• 1DISTRICT: 1 DAILY ATTDICA7•CE c ENTIOLIPCDIT FICISTE /r/ SERVICE: Supported Employment '1••• FACILITY:- CC/C1 Y: Cade - ADDR?SS: PREPARED DY: . . PRONE: OPERATOR: 1.-ctm1: 1DNR: Ser- Eligi- Diter Dates of Operation for Month of vice E3udge.t bility COys Daily Reinlx:r-"Ii4 NA,^ nr �rYT 1 2 5 6 7 8 9 12 13 14 15 16 20 21 22 23 26 27 Z8 2') 30 31 ,t T--�• rotic-ry ii Hp XX F`• i11rr1 o-:'p -Sernit 11j1 1 I f 1 I i _ II 1 _I ! i _ - H _.-_ �_p. ___ ___. . ' 1 -- __. ___ , __,_...._ , W - 1 -. . TC,'AI ,.Dliy� . IIIIIIII - - - ► 1 X: ENADLL`Tc12-PRI. ENT E: ENROLLED-EJCCUSED JIBS U: amoll-D-1\E'CCLSED S: amu...ED-SICX N: 1,0T ENROLLED H: L-N,M11 ):I-DLIMY FILL THIS MUM IN CM. LY IF cur,( IS D TILED LIES DUN 'I}-_E RECOIRED 71.113 DAYS. I: I15ERVICE TRAI;MAI DAY . ._ - . ORIGINAL RESOLUTION NO. 86-18704 (Accepting a grant from the State of Fla. Department of. Health and Rehabilitative Services (HRS) for the Retardation Program and authorizing execution of two contracts to provide services)