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.
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7/1/93
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- 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 •
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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
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7/1/93
IV. SPECIAL PROVISIONS (continued):
This page left blank intentionally.
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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.
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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
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• 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.
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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.
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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 .
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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.
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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
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Exhibit C
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1DISTRICT: 1
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FACILITY:- CC/C1 Y: Cade -
ADDR?SS: PREPARED DY: . .
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.
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)