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INVITATION TO NEGOTIATE (ITN)
ITN #15-01
for the following services:
1. REALITY BABY SERVICE
2. CROWELL ASSESSMENT
3. PARENT BONDING ASSESSMENT
4. PARENTING CLASSES AT THE CLAY COUNTY JAIL
5. CO-PARENTING SESSIONS
6. EARLY CHILDHOOD DEVELOPMENT TRAINING
Letter of Intent (LOI) due: May 15, 2015
Written Proposals due: May 29, 2015
Note: A separate LOI and proposal must be submitted for each area in which
the responder wishes to provide services.
Contact Person:
Louis Ceragioli
Contract/ Procurement Manager
1726 Kingsley Ave., Ste 2
Orange Park, FL 32073
904-278-5644, ext. 2106
[email protected]
1
TABLE OF CONTENTS
I. Introduction
Page
a. Introduction…………………………………………………………
3
b. Vision……………………………………………………………….
3
c. Mission……………………………………………………………… 3
II. Statement of Need…………………………………………………………
3
III. General Requirements……………………………………………………
4
a. Contact Person/ Procurement Manager………………………… 4
b. Vendor Disqualification……………………………………………
4
c. Limitations of Contacting KFF Personnel……………………….
5
d. Schedule of Events and Deadlines......................................... 6
e. Inquiries……………………………………………………………..
6
f. Withdrawal of Bids………………………………………………….
7
g. Acceptance/ Rejection of Bids……………………………………
7
h. Receipt Statement…………………………………………………
7
i. Right to Reject or Waive Minor Irregularities Statement……….
7
j. Notice of Intent to Award a Contract……………………………..
8
k. Protests and Disputes…………………………………………….
8
IV. Proposal Instructions…………………………………………………….
9
a. General Instructions………………………………………………
9
b. Mandatory Requirements………………………………………..
10
c. Required Vendor’s Statements or Certifications………………
11
V. Proposal Binder Content (Required Tabs)…………………………….
11
a. Title Page………………………………………………………….
11
b. Introduction……………………………………………………….
12
c. Service Tasks……………………………………………………..
12
d. Staffing and Organizational Capacity………………………….
12
e. Cost breakdown of proposal service……………………………
12
f. Required Vendor’s Statements and/or Certifications…………
12
VI. Bid Rating and Bid Tabulation Sheet…………………………………
13
a. Description of Bid Rating Methodology………………………..
13
b. Awarding Contract……………………………………………….
14
Appendix A-F………………………………………………………………..
15 – 22
Appendix G (Contract Provisions)………………………………………..
23 - 51
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I.
INTRODUCTION
a. Introduction
i. Kids First of Florida, Inc. (KFF) is the Community Based
Care Agency providing child welfare and foster care services
to the residents of Circuit 4, Clay County. As the
Community Based Care Lead Agency, KFF works in
partnership with local community stakeholders to improve
outcomes for families and their children.
ii. Formed as Clay & Baker Kids Net in 2003, KFF is one of
nineteen lead agencies in the state of Florida delivering
services to children and families dealing with issues of abuse
and neglect.
iii. In 2008, after redistricting by the Department of Children and
Families, KFF’s target area was narrowed to focus only on
the residents of Clay County, and the Board of the agency
chose the new name to reflect our commitment to putting
kids first.
iv. Kids First of Florida works with families whose children are
either at risk of abuse of neglect or who have already been
victims of abuse or neglect. KFF is responsible for finding
and funding placements for every child in foster care,
including specialized therapeutic treatment programs.
b. Vision:
i. Building a healthier community, one family at a time
c. Mission:
i. To ensure the safety of children through a holistic approach
designed to support the health and well-being of families.
II.
STATEMENT OF NEED
a. Kids First of Florida, Inc. issues this Invitation to Negotiate (ITN)
seeking qualified responders who are qualified, capable and
interested in providing a:
i. Reality Baby Service: This service utilizes a computerized
baby that has “real life” responses to things like touch,
improper handling, etc. It is used to teach new mothers how
to properly care for a child. The “baby” is actually left with
the parent for a period of time and the interaction between
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the baby and the parent are recorded to be reviewed by the
provider agency.
ii. Crowell Assessment: It is a relationship based attachment
bond assessment and is used when there appears to be an
unhealthy or lack of relationship between mother and child.
Used mostly when moving toward a Termination of Parental
Rights (TPR).
iii. Parent Bonding Assessment: An assessment of the
bonding between the child and the parent.
iv. Parenting Classes at the Clay County jail: One on one
and group parenting classes conducted at the Clay County
jail for incarcerated parents.
v. Co-Parenting classes: Similar to one on one parenting, coparenting classes focus on helping the parents learn to work
together when applying taught parenting techniques.
vi. Early Childhood Development Training: Training for foster
parents, parents, and staff on normal, expected stages of
child development.
b. The above services would serve Clay County/ Circuit 4 area.
c. The expected time frame for any contract/ agreement resulting from
this ITN will be approximately four (4) weeks to begin June 01,
2015. This time frame is contingent upon availability of funds,
agency performance, as well as KFF’s continued contracting with
the Department of Children and Families (DCF). KFF requires that
those service providers interested in submitting a response to this
ITN submit a Letter of Intent (LOI) by May 15, 2015. LOIs may be
emailed to [email protected].
d. Responders must consider each of the needed services
individually. A separate LOI and proposal must be submitted for
each service area in which the responder wishes to provide
services.
e. Postings - All notices, decisions, intended decisions, and other
matters relating to this procurement will be posted electronically on
the Kids First of Florida website: www.kidsfirstofflorida.org.
III.
GENERAL REQUIREMENTS
a. Contact person/ Procurement Manager - The following person
shall be considered the sole point of contact for this ITN:
i. Louis Ceragioli, 1726 Kingsley Ave., Suite 2, Orange Park,
FL 32073. Office phone: 904-278-5644, x-2106. Email
address: [email protected]
4
b. Vendor Disqualification
i. In addition to other criteria set forth herein, failure to have
performed any previous contractual obligations with KFF in a
manner satisfactory to the KFF will be a sufficient cause for
disqualification or termination. To be disqualified as a vendor
under this provision, the vendor must have:
1. Previously failed to satisfactorily perform in a contract
with KFF
2. Been notified by KFF of the unsatisfactory
performance and failed to correct the unsatisfactory
performance to the satisfaction of KFF
3. Had a contract terminated by KFF for cause; and/or
4. Failed to sign a certification regarding debarment,
suspension, ineligibility and voluntary exclusion
contract/subcontracts (Appendix D) prior to contract
execution
c. Limitations on Contacting KFF Personnel
i. Between the release of this ITN and the award of the
contract/ agreement, Prospective vendors or persons acting
on their behalf may not contact KFF Personnel concerning
any aspect of this solicitation, except in writing to the above
listed contact person identified in Section III(a).
ii. Violation of the provisions of Section III(c) of this ITN may be
grounds for rejecting a response. A violation of Section III(c)
of this ITN that occurs by a written communication by or on
behalf of a prospective vendor shall not be determined to be
anticompetitive if it is not opened, read, or acted upon by any
KFF personnel, in which case KFF may, but shall not be
required to, reject the response from the prospective vendor
on whose behalf the prohibited contact was made. A
violation of Section III(c) this ITN that occurs by an oral
communication by or on behalf of a prospective vendor shall
not be determined to be anticompetitive if at the time of the
prohibited communication the KFF personnel contacted
advises the offender that the KFF personnel contacted may
not take or receive the communication or discuss the matter
and it is not acted upon by any KFF personnel, in which case
KFF may, but shall not be required to, reject the response
from the prospective vendor on whose behalf the prohibited
contact was made.
5
d. Schedule of Events and Deadlines
Activity
ITN Released and
Advertised on KFF
Website
Letter of Intent (LOI)
accepted until
Date
May 08,
2015
Time
10:00am
Address
May 15,
2015
4:30pm
Sealed Proposals
Received by KFF
accepted until
May 29,
2015
12:00pm
Opening of Proposals
June 1,
2015
9:00am
Meeting of Evaluation
Team
June 1,
2015
11:00am
Invitation to Negotiate
Posting
Negotiation with Vendor
June 5,
2015
June 8 –
June 12,
2015
12:00pm
Posting of Intended
Contract Award
Anticipated Effective
Date of Contract
June 19,
2015
July 1, 2015
1:00pm
Kids First of Florida
1726 Kingsley Ave, Ste 2
Orange Park, FL 32073
Contact: Louis Ceragioli
www.kidsfirstofflorida.org
N/A
N/A
www.kidsfirstofflorida.org
TBA
Kids First of Florida
Attn: Louis Ceragioli
1726 Kingsley Ave, Ste 2
Orange Park, FL 32073/
Or, via email at:
[email protected]
Kids First of Florida
Attn: Louis Ceragioli
1726 Kingsley Ave, Ste 2
Orange Park, FL 32073
Kids First of Florida
1726 Kingsley Ave, Ste 2
Orange Park, FL 32073
Contact: Louis Ceragioli
Kids First of Florida
1726 Kingsley Ave, Ste 2
Orange Park, FL 32073
Contact: Louis Ceragioli
www.kidsfirstofflorida.org
e. Inquiries
i. Prospective vendor questions will only be accepted if
submitted in writing to the Contact Person specified in
Section III(a), via U.S. mail, other mail service, or electronic
mail. No questions will be accepted by facsimiles or
telephone.
6
ii. Copies of the responses to all inquiries, and clarifications
and/or addenda if made to the ITN, will be made available
through electronic posting on the KFF at the following
website location: www.kidsfirstofflorida.org/
iii. No negotiations, decisions, or actions shall be initiated or
executed by the vendor as a result of any discussions with
any KFF employee. Only those communications that are in
writing from KFF’s Procurement Manager identified in
Section III(a) of this ITN shall be considered as duly
authorized expressions on behalf of KFF. KFF will recognize
only written and signed communications as duly authorized
expressions on behalf of the vendor.
f. Withdrawal of Bids
i. A written request for withdrawal, signed by the vendor, may
be considered if received by KFF within seventy-two (72)
hours after the proposal opening time and date indicated in
the Schedule of Events and Deadlines, Section III(d). A
request received in accordance with this provision, may be
granted by KFF upon proof of the impossibility to perform
based upon an obvious error on the part of the vendor.
g. Acceptance/Rejection of Bids
i. Valid Offer: Any proposal submitted shall remain a valid offer
for at least ninety (90) days after the proposal submission
date. No changes, modifications, or additions to the
proposals submitted after the deadline for proposal opening
has passed will be accepted by or be binding on KFF.
h. Receipt Statement: Proposals not received by the Procurement
Manager at the specified place or on the specified date and time
will be rejected and returned unopened to the vendor by KFF.
Proposals must be received by the Procurement Manager identified
in Section III(a) in accordance with Section III(d), Schedule of
Events and Deadlines. All copies will be returned unopened to the
vendor by KFF, except for one unopened original for use in the
event of a dispute.
i.
Right to Reject or to Waive Minor Irregularities Statement: KFF
reserves the right to reject any and all replies or to waive minor
irregularities when to do so would be in the best interest of KFF.
Minor irregularity is defined as a variation from the Request for
Proposal terms and conditions, which does not affect the price of
the proposal, or give the vendor an advantage or benefit not
enjoyed by other vendors, or does not adversely impact the interest
7
of KFF. At its option, KFF may correct minor irregularities but is
under no obligation to do so.
i. KFF reserves the right to withdraw this ITN, even after
award, when to do so would be in the best interest of the
KFF.
j.
Notice of Intent to Award a Contract
i. The contract resulting from this ITN shall be awarded to the
responsible and responsive vendor whose proposal is
determined, in writing, to be the most advantageous to KFF.
The contract file shall contain documentation supporting the
basis on which the award is made.
ii. Official notice of an intended award will be made pursuant to
this ITN and will be electronically posted in accordance with
Section III(d), Schedule of Events and Deadlines, at the
following web site: www.kidsfirstofflorida.org/
iii. The electronic notice of intended award, which is posted on
the Internet at the address in Section III(d) will remain for
seventy-two (72) hours. Any person who is adversely
affected by KFF’s notice of contract award and wishes to file
a protest must comply with the requirements for filing set out
in Section III(k), listed below. If no written notice of protest is
filed during this seventy-two 72-hour period, the successful
vendors will be eligible for contract consideration.
k. Protests and Disputes
i. Any person who is adversely affected by the terms,
conditions and specifications contained in this solicitation
shall file a notice of protest in writing within 72 hours
(Saturdays, Sundays and state holidays excluded) after the
posting of the solicitation, decision, or intended decision.
With respect to a protest of the terms, conditions, and
specifications contained in a solicitation, including any
provisions governing the methods for ranking bids,
proposals, or replies, awarding contracts, reserving rights of
further negotiation, or modifying or amending any contract,
the notice of protest shall be filed in writing within 72 hours
(Saturdays, Sundays and state holidays excluded) after the
posting of the solicitation. The formal written protest shall be
filed within 10 days after the date the notice of protest is
filed. Failure to file a protest within the time prescribed shall
constitute a waiver of proceedings.
8
ii. When protesting a decision or intended decision the
protestor must post a bond equal to one percent (1%) of
KFF’s estimated contract amount. The bond is not to be filed
with the notice of protest, but must be filed with the formal
written protest or within the 10-day period allowed for the
filing of the formal written protest. The estimated contract
amount shall be based upon the contract price submitted by
the protestor. If no contract price was submitted, KFF shall
provide the estimated contract amount to the protestor within
72 hours (excluding Saturday, Sundays, and state holidays)
after the notice of protest has been filed. The estimated
contract amount is not subject to protest. The bond shall be
conditioned upon the payment of all cost and charges that
are adjudged against the protestor in the administrative
hearing in which action is brought and in any subsequent
appellate court proceeding. Failure to file the proper bond at
the time of filing the formal protest will result in a rejection of
the protest. In lieu of a bond KFF may accept a cashier’s
check, official bank check, or money order in the amount of
the bond.
IV. PROPOSAL INSTRUCTIONS
a. General Instructions:
i. KFF is not liable for any costs incurred by a vendor in
responding to this ITN.
ii. Proposals must be typed, single-spaced, on 8-1/2” x 11”
paper. Pages must be numbered in a logical, consistent
fashion. Figures, charts, and tables should be numbered and
referenced by number in the text. The proposal must be
bound in ring binders, labeled, and submitted in tabbed
Sections.
iii. An original (marked “Original”) and three (3) copies (marked
and numbered #1, #2, and #3) of the proposal are required.
The “original” submitted to KFF must contain original
signatures of an official of the provider agency who is
authorized to bind the vendor to their proposal.
iv. All proposals must be received by the Procurement Manager
identified in Section III(a)., by the deadline and at the
location set forth in Section III(d), Schedule of Events and
Deadlines. Facsimile or electronic transmission of proposals
will not be accepted. The vendor is responsible for selecting
the appropriate means for delivery and is responsible for
ensuring that sufficient time is allowed for delivery. Late
proposals will not be accepted. Any amendments to the
proposal as originally submitted by the vendor and that are
9
not required by KFF must comply with the requirements of
this Section and must be received on or before the due date
as specified in Section III(d), Schedule of Events and
Deadlines. The original and each copy of the proposal
must be individually sealed in separate envelopes. The
sealed envelopes for each should then be mailed together in
one package. The outside of each envelope must be clearly
marked with the title of the proposal and the prospective
vendor's name. The original must be marked “Original” and
the copies must be marked “Copy #1”, “Copy #2”, and “Copy
#3,” respectively.
v. Vendors are advised that KFF’s ability to conduct a thorough
review of proposals is dependent on the vendor’s ability and
willingness to submit proposals which are well ordered,
detailed, comprehensive, and readable. Clarity of language
and adequate, accessible documentation is essential, and is
the responsibility of the vendor. The proposal should be
prepared concisely and economically, providing a
straightforward description of services to be provided
and capability to satisfy the requirements of this ITN.
Emphasis should be on completeness and clarity of content.
For the purpose of this section, the terms “shall”, “will” and
“must” are intended to identify items that are required as part
of the proposal. Failure to comply may result in the proposal
being rejected at KFF’s discretion.
b. Mandatory Requirements
i. The following are mandatory requirements for the ITN that
are described as “Fatal Criteria” on the Mandatory
Requirements/Fatal Criteria Rating Sheet (Appendix B).
Failure to comply with all mandatory requirements will render
a proposal non-responsive and ineligible for further
evaluation. *Please note Appendix B will be completed by
KFF’s Procurement Manager. Appendix A must be
completed by the Vendor.
1. Was the proposal received by the Procurement
Manager by the time, date and at the location
specified in the ITN?
2. Did the proposal include the signed Acceptance of
Contract Terms and Conditions indicating that the
vendor agrees to KFF’s requirements, terms and
conditions in the Request for Proposal (Appendix A)?
Did the proposal contain the signed Statement of No
Involvement form (Appendix A)?
3. Did the proposal contain the signed Proof of
Signature Authority form (Appendix A)?
10
4. Did the proposal contain the signed Conflict of
Interest (Non-Collusion) Statement form, (Appendix
A)?
c. Required Vendors’ Statements or Certifications
i. The vendor’s proposal must include the following additional
certifications and documentation
1. DRUG-FREE WORKPLACE: The proposal must
include a signed certification of compliance with the
Drug Free Workplace Act of 1988, (Appendix C).
2. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION: The proposal must include a signed
and completed, Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion,
(Appendix D).
3. CERTIFICATION REGARDING LOBBYING: The
proposal must include a signed and completed
Certification Regarding Lobbying form, (Appendix E).
4. EVIDENCE OF ABILITY TO DO BUSINESS WITH
THE STATE OF FLORIDA:
a. The proposal must provide evidence of each
corporation’s, partnership’s, firm’s, and
person’s ability to do business in the State of
Florida. All corporations must submit a
Certificate of Status from the appropriate
regulatory entity of their state of incorporation
and the Florida Department of State. Other
business entities may submit the equivalent.
Non-profits may provide the organization’s
Articles of Incorporation and a copy of the most
recent Certificate of Status.
5. LIABILITY INSURANCE COVERAGE: The proposal
must include a copy of the vendor’s verification of
Liability Insurance Coverage.
ii. All certifications with prescribed forms included in the ITN,
must be made on the forms provided in the appendices of
this ITN in order to meet the criteria of this ITN.
V.
PROPOSAL BINDER CONTENT (REQUIRED TABS)
a. Title Page
i. Each copy of the proposal must include a Title Page that
contains the following:
11
1. Prospective vendor’s name, address and tax
identification number
2. The vendor’s type of organization (ex. Non-Profit)
3. Name, title, phone number, e-mail address and
address of person who can respond to inquiries
regarding the proposal
4. Name of Selected Service chosen from the list in
Section II
b. Introduction
i. Provide a brief, concise narrative that evidences the
vendor’s understanding of the need for and purpose of KFF’s
listed Service shown in Section II. Please include the
following in the introduction:
1. Statement of Need: Provide a brief statement
describing the proposed project/services and
explaining the need for the proposed
project/services.
2. Service Area: List the geographic area (counties)
in which the organization is currently operational
and in which the proposed operations will occur.
3. Clients to be Served: State the client population
to be served under the proposal.
c. Service Tasks
i. Provide a detailed, Step by Step, Approach to performing the
selected service
d. Staffing and Organizational Capacity
i. Describe the staffs professional qualifications and
organizational capacity
e. Cost breakdown of proposed service
i. Breakdown the cost of the service
f. Required Vendors’ Statements and/or Certifications
i. While the following list is not all inclusive, the key
requirements as mentioned in Section IV(b) and Section
IV(c) are as follows:
1. Appendix A
2. Appendix C
3. Appendix D
4. Appendix E
5. Evidence of Ability to do business with the State of
Florida
6. Liability Insurance Coverage
12
VI.
BID RATING AND BID TABULATION SHEET
a. Description of Bid Rating Methodology
i. The Procurement Manager identified in Section III(a) of this
ITN, or his/ her designee, will examine all proposals to
determine whether the proposals are responsive, including
consideration of the Fatal Criteria (Appendix B), prior to
submitting the proposals to the appointed evaluation team.
KFF will appoint an evaluation team to review, evaluate, and
rank all proposals. Proposals must meet a minimum
average. The ITN rating methodology for the proposals can
be found in Appendix F.
ii. Identical or Tie Responses
1. Whenever two or more proposals which are equal
with respect to price, quality, and service are received
by KFF for the procurement of commodities or
contractual services, the winning vendor will be
determined using Governor’s Executive Order 99-281
and Rule 60A-1.011(1),(3), and (4), Florida
Administrative Code.
iii. ITN Tabulation Methodology
1. If the proposal does not meet the minimum Final
Score, the vendor will not be eligible for a contract
award. The ITN rating methodology for the proposal
can be found in Appendix F Evaluation Criteria.
iv. The Procurement Manager identified in Section III(a) of this
ITN, or that person’s designee, will determine whether each
proposal meets the mandatory requirements or fatal criteria
listed in Section IV(c), Response to Mandatory
Requirements. Failure to comply with each and every fatal
criterion will render a proposal non-responsive and ineligible
for further evaluation. All responsive proposals that meet the
fatal criteria will then be evaluated according to the following
procedure:
v. The evaluation team will score the responsive proposals
based on the evaluation criteria provided in Appendix F,
Evaluation Criteria.
vi. For each vendor, each evaluator will individually score all
criteria for each topic specified.
13
vii. For each vendor, each evaluator will calculate a Total
Weighted Score for each topic by multiplying the Total Score
for the topic by the weighted value of the topic.
viii. Each Evaluator will calculate a Total Proposal Score for
each vendor by adding all of the vendor’s Total Weighted
Scores. The evaluators will submit the Total Proposal Score
for each vendor to the Procurement Manager. The
Procurement Manager will average the Total Proposal
Scores from all of the evaluators for each vendor, yielding
the Final Score for the proposal, and rank the responsive
vendors according to their Final Scores. If the Final Score
for the proposal does not meet the minimum score, then
the vendor will not be eligible for a contract award.
b. Awarding Contract
i. Contracts resulting from this ITN will be awarded to the
responsive and responsible vendors whose proposals are
determined to be the most advantageous to the state based
on final score ranking. Awards will be made from top score
down until all funding has been awarded. KFF reserves the
right to reject any or all proposals received or to cancel this
ITN, even after award, regardless of evaluation, if it is
determined to be in the best interest of KFF to do so.
14
Appendix A
VENDOR STATEMENTS AND CERTIFICATIONS
a. Acceptance of Contract Terms and Conditions
I, ________________________________________, as an authorized representative of
_________________________________________, hereby agree that if awarded any
contract as a result of this Kids First of Florida Request for Proposal, the grantee will
comply with the requirements, terms, and conditions stated in the Request for Proposal
and in the Kids First of Florida Contract. In recognition thereof, the vendor’s
representative has read, understood, and agrees that any intent by the vendor to deviate
from the terms and conditions set forth therein may result, at KFF’s exclusive
determination, in rejection of the proposal.
Type Name of Authorized Official:
Title:
____________________________
Signature of Authorized Official
__________________
Date
b. Statement of No Involvement
I, _________________________________________, as an authorized representative
of_________________________________________, certify that neither member of this
firm, nor any person having interest in this firm has:
1. Been awarded a contract by Kids First of Florida on a noncompetitive basis to perform
a feasibility study concerning the scope of work contained in this Solicitation, or
2. Participated in drafting this Solicitation, or
3. Developed a program for future implementation with specific subject matter contained
in this Solicitation.
Type Name of Authorized Official:
Title:
____________________________
Signature of Authorized Official
__________________
Date
15
Appendix A (Continued)
c. Proof of Signature Authority
This Request for Proposal shall include proof of signature authority if someone signs
the Request for Proposal other than the President or Chairperson of the Board of
Directors.
This proof shall be one of the following:
1. A written statement by the President or Chairperson of the Board delegating authority
to a particular person; or
2. A copy of the entity’s by-laws reflecting signature authority to a particular position; or
3. A copy of the Board of Directors’ meeting minutes that shows action to delegate
signature authority to a particular person or position.
If delegating signature authority, please complete the below and include the
above requested document.
Type Name of President or Chairperson of the Board of Directors:
_________________________________
____________
Signature of President or Chairperson
Date
of the Board of Directors
Type Title of Person to Whom Signature Authority is Delegated:
Type Name of Person to Whom Signature Authority is Delegated:
d. Conflict of Interest Statement (Non-Collusion)
I hereby certify, that all persons, companies, or parties interested in the Request for
Proposal as principals are named therein, that the proposal is made without collusion
with any other person, persons, company, or parties submitting a proposal; that it is in all
respect made in good faith; and as the signer of the proposal, I have full authority to
legally bind the vendor to the provisions of this proposal.
Type Name of Authorized Representative:
Title:
___________________________________
Signature of Authorized Representative
16
______________
Date
Appendix B
MANDATORY REQUIREMENTS / FATAL CRITERIA RATING SHEET
If any of these criteria are not met, the response cannot be considered further.
If any responses are “no”, the proposal is disqualified from further evaluation.
ITB #
Type or Print Vendor’s Name (Agency):
Type or Print Name of KFF Reviewer (Procurement Manager):
______________________________
Signature of KFF Reviewer
_______________
Date
Type or Print Name of KFF Witness:
______________________________
Signature of KFF Witness
_______________
Date
MANDATORY REQUIREMENTS / FATAL
CRITERIA RATING
(1) The proposal was received by the time, date
and at the location specified in
this ITN.
(2) The proposal includes the following required
Vendors Statements and Certifications:
a. Acceptance of Contract Terms and Conditions
b. Statement of No Involvement
c. Proof of Signature Authority
d. Conflict of Interest Statement (Non-Collusion)
17
YES
NO
Appendix C
CERTIFICATION OF A DRUG-FREE WORKPLACE PROGRAM
I,___________________________ as an authorized representative
of_______________________ hereby certify that my agency currently maintains a
drugfree workplace environment in accordance with Chapter 287.087, F.S., and will
continue to promote this policy through implementation of that section.
Name of Authorized Official:
Title of Authorized Official:
____________________________________
Signature of Authorized Official:
18
____________________
Date:
Appendix D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, signed February 18, 1986. The guidelines were published
in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369).
INSTRUCTIONS
1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal
moneys must sign this certification prior to execution of each
contract/subcontract. Additionally, providers who audit federal programs must
also sign, regardless of the contract amount. KFF of Children and Families cannot
contract with these types of providers if they are debarred or suspended by the
federal government.
2. This certification is a material representation of fact upon which reliance is
placed when this contract/subcontract is entered into. If it is later determined that
the signer knowingly rendered an erroneous certification, the Federal Government
may pursue available remedies, including suspension and/or debarment.
3. The provider shall provide immediate written notice to the contract manager at
any time the provider learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4. The terms “debarred,” “suspended,” “person,” “principal,” and “voluntarily
excluded,” as used in this certification, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact KFF’s contract manager for assistance in obtaining a copy of
those regulations.
5. The provider agrees by submitting this certification that it shall not knowingly
enter into any subcontract with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this contract/subcontract
unless authorized by the Federal Government.
6. The provider further agrees by submitting this certification that it will require
each subcontractor of this contract/subcontract, whose payment will equal or
exceed $25,000 in federal moneys, to submit a signed copy of this certification.
7. KFF of Children and Families may rely upon a certification of a provider that it is
not debarred, suspended, ineligible, or voluntarily excluded from
contracting/subcontracting unless it knows that the certification is erroneous.
8. This signed certification must be kept in the contract manager’s contract file.
Subcontractor’s certification must be kept at the provider’s business location.
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Appendix D (Continued)
CERTIFICATION
(1) The prospective provider certifies, by signing this certification, that neither he
nor his principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this
contract/subcontract by any federal department or agency.
(2) Where the prospective provider is unable to certify to any of the statements in
this certification, such prospective provider shall attach an explanation to this
certification.
Signature __________________________________
Date________________________
______________________________________________________________________
______________
Name and Title of Authorized Signee
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Appendix E
CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS,
GRANTS, LOANS, & COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of congress, an officer or employee of congress, or
an employee of a member of congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of congress, an officer or employee of congress, or an employee of a
member of congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
________________________________________________ _____________________
Signature
Date
________________________________________ _____________________________
Name of Authorized Individual
Application Contract Number
______________________________________________________________________
Name and Address of Organization
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Appendix F
EVALUATION CRITERIA
The following instructions will be given to all evaluators at the initial meeting of the
evaluation team:
1. The Procurement Manager, identified in Section III(a) of this ITN, or his/her designee,
screens the proposals for mandatory requirements (fatal criteria). This is done with
another KFF employee looking on to prevent error. As a result, the programmatic
proposals, which you will evaluate, have already met the fatal criteria.
2. Upon receipt, the Procurement Manager, or his/her designee, will examine all
proposals to determine whether the proposals are responsive prior to submitting the
proposals to the appointed evaluation team. As a result, the appointed evaluation team
will only receive programmatic proposals to evaluate that have already been determined
to be responsive.
3. Each evaluator shall fill out a Conflict of Interest Certification.
4. Prior to reviewing the programmatic proposals, each evaluator will read the ITN
and become familiar with all requirements.
5. Each evaluator must independently evaluate each proposal. Only the rating
scale included in the ITN solicitation document and its explanation may be used in
determining the score for each criterion. Comparisons of one proposal to another
are not permitted.
6. Proposals must be evaluated based upon the material within the proposal. Each
evaluator also may refer to the ITN which will be provided during the initial meeting. No
additional information may be used. No group discussions of the relative merits of any
proposal will be allowed.
7. It is the vendor’s responsibility to present its proposal in a clear and understandable
manner. Evaluators should not feel obligated to interpret responses to make them more
valuable to KFF.
8. Evaluators may request assistance in understanding evaluation criteria and
proposal responses only from the Procurement Manager. Technical assistance, if
needed, will be provided by the Procurement Manager to all evaluators at the
same time.
9. Following completion of the independent evaluations of the proposals, the
Procurement Manager will hold a debriefing meeting with evaluators to record the
evaluation scores. There will be no effort made to persuade you to change your score.
No attempt will be made by KFF or anyone else to influence the evaluator’s scoring.
If any attempt is made to do so the evaluator must immediately report that attempt to the
Procurement Manager and, if the attempt is made by the Procurement Manager, to the
Procurement Manager’s supervisor.
10. All evaluation team proposal copies, ITN copies and rating sheets will be turned in to
the Procurement Manager at the end of the debriefing meeting. These documents will be
filed with the procurement file.
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Appendix G
Contract Provisions
(1) Subcontract Agreement
THIS AGREEMENT is entered into between ____________________, a Florida _______
corporation herein referred to as the Subcontractor and Kids First of Florida, Inc., a Florida notfor-profit corporation, herein referred to as (“KFF”).
RECITALS:
WHEREAS, KFF entered into a written contract with the Florida Department of Children
and Families (which is hereby incorporated by reference, and may be amended from time to time)
as the lead community-based agency, responsible for coordinating, integrating, and managing a
local system of support and services for abused, abandoned and neglected children and their
families in Clay County pursuant to Section 409.986, Florida Statutes; and
WHEREAS, KFF intends to provide services (as defined below) to eligible consumers (as
defined below) in Clay County through a network of contracted subcontractors; and
WHEREAS, the Subcontractor meets all requirements set by the State of Florida to
provide such services; and
WHEREAS, the Subcontractor is willing and able to provide services to eligible
consumers in accordance with the terms and conditions of this Agreement; and
WHEREAS, KFF desires to enter into an agreement with the Subcontractor for the
provision of services to eligible consumers in accordance with the terms and conditions of this
agreement
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto do hereby agree as follows:
ARTICLE I
Definitions
1.1
Abuse: Any willful act or threatened act that results in any physical, mental, or sexual
injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to
be significantly impaired. (Abuse of a child includes acts of omissions. Corporal discipline of a
child by a parent or legal custodian, for disciplinary purposes, does not in itself constitute abuse
when it does not result in harm to the child.)
1.2
Abuse Report: The initial report made to the Florida Abuse Hotline alleging maltreatment
of a child by a parent, adult household member, or person responsible for the child’s welfare.
1.3
At-risk: Children who have come to the attention of KFF as a result of the abuse, neglect
or abandonment.
1.4
Caregiver: The parent, legal custodian, adult household member, or other person
responsible for the child’s welfare.
1.5
KFF Quality Assurance Program: The periodic external review activities conducted by
KFF pursuant to KFF’s written quality assurance plan (which may be revised from time to time) to
assure that the agreed upon level and quality of services is achieved and maintained by the
Subcontractor. KFF’s Quality Assurance activities shall, among other matters, assess the
Subcontractor’s compliance with contract requirements and with state and federal law and
associated administrative rules, regulations, and operating procedures; and, utilize the quality
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service review format to determine the adequacy of service system functions through quality
service reviews.
1.6
KFF Quality Improvement Plan: The continuous internal improvements in service
provision and administrative functions conceived and implemented by KFF in accordance with its
written quality improvement plan (which may be revised from time to time) including quarterly
review of data on: incidents, accidents and consumer grievances; customer input and
satisfaction; performance data; peer record review data; and, products/results from quality service
reviews and quality improvement projects.
1.7
Child: Any unmarried, dependent or person alleged to be dependent under the age of 18
years who has not been emancipated by the court or otherwise had the disabilities of nonage
removed.
1.8
Community-Based Care Lead Agency: A not-for-profit provider or government entity with
whom KFF contracts for the provision of services, in accordance with s. 409.986 F.S.
1.9
Contract Specialist: An individual designated by the contract signer to be responsible for
negotiating, administering, monitoring and enforcing the terms and conditions of the contract.
1.10
Department: The Florida Department of Children and Families, unless otherwise stated.
1.11
Dependency: A legal status of a child resulting from adjudication by juvenile court under
Florida Statue Chapter 39.
1.12
Families Served: The number of families accepted and determined eligible who receive
services under this contract.
1.13
Family: A collective body of persons consisting of a child and a parent, legal custodian, or
adult relative.
1.14
Family Services Counselor: The KFF employee who coordinates all services rendered to
eligible families. The Family Services Counselor serves as a single and continuous point of
contact for the family from entry into services through case closure.
1.15
Foster Parent: A licensed caregiver operating a family foster home.
1.16
Neglect: When a parent, adult household member, or other person responsible for the
child’s welfare deprives a child of, or allows a child to be deprived of, necessary food, clothing,
shelter, or medical treatment or permits a child to live in an environment when such deprivation or
environmental causes the child’s physical, mental, or emotional health to be significantly
impaired. The foregoing circumstances shall not be considered neglect if caused primarily by
financial hardship unless actual services for relief have been offered to and rejected by such
person.
1.17
Parent Education: The adult educational program with a curriculum that is focused on
increasing parenting skills which meet the child’s health, social and behavioral needs.
1.18
Parenting Classes: A one-on-one or small group program in which a family receives a
minimum eight one hour classes over a twelve or sixteen week period, based on the age of the
child, with a one and a half-hour supervised visit.
1.19
Post Placement Supervision: Supervision provided by KFF after a child that had been
previously removed from their home is returned home.
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1.20
Protective Services:
protective supervision.
Services provided by KFF during the period the child is under
1.21
Protective Supervision: A legal status in dependency cases which permits the child to
remain safely in his or her own home or placement with a relative or non-relative under the
supervision of KFF and which must be reviewed by the court during the period of supervision.
1.22
Quality Assurance: An externally driven process that measures performance in achieving
predetermined standards validates internal practice and uses sound principles of evaluation to
ensure that data are collected accurately, analyzed appropriately, reported and acted upon.
1.23
Quality Improvement: An internally driven process that ensures all levels of staff have
input into the ongoing design and enhancement of service provision and administrative functions.
1.24
Receipt of Referral: The date and time KFF or contracted provider of KFF contacts the
provider to refer a family for services.
1.25
Reunification: The return of a child who has been placed in out-of-home care to his or her
family.
1.26
Supervised Visitation: exists where there is contact between a noncustodial parent and
one or more children in the presence of a third person responsible for observing and ensuring the
safety of those involved. Supervised visitation programs may also include exchange of children
who are participating in court-ordered visitation programs or exchange monitoring where there
has been mutual consent between parties for the purposes of facilitating the visit.
1.27
Substitute Care: A temporary care service for a planned period of time for children whose
own families are unable to care for them.
1.28
Time-Limited Reunification Services: The activities that are provided to a child who has
been removed from the home and placed in a foster family home or child care institution and to
the parents or primary caregiver of such a child, in order to facilitate the reunification of the child
safely and appropriately within a timely fashion. These activities are provided during a 15 month
period that begins on the date the child is considered to have entered into foster care.
1.29
Verified: A determination by a Child Protective Investigator of KFF that the specific injury
or harm was the result of abuse, neglect, or threatened harm.
1.30
Visitation: Dependent children visiting with their parents regularly in a safe, nurturing and
home like environment in order to reunify or strengthen the family unit.
ARTICLE II
Subcontractor’s Responsibilities
2.1
Services. The subcontractor shall provide services to eligible consumers in accordance
with the service specific requirements described in Attachment I, Attachment II and Exhibits
attached hereto and incorporated herein by reference. Services to be provided by the
subcontractor hereunder to an eligible consumer shall be coordinated by the Family Services
Counselor in a court/community related case.
2.2
Licensure and Accreditation. At all times during the term of this agreement, (a) the
subcontractor shall maintain in good standing all applicable license and accreditation
requirements; and (b) the subcontractor’s employees and agents shall meet all applicable federal
and state licensing and certification requirements.
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2.3
KFF’s Quality Assurance/Quality Improvement Program. The subcontractor shall assist
and cooperate with KFF’s Contract Manager.
The KFF Contract Manager will review
subcontractor files periodically, but at least annually, to determine provider compliance with the
terms and conditions of the subcontract and to ensure federal, state and other requirements
associated with the service purchased is in compliance. When indicated, KFF will require
corrective action plans and trainings as needed. The subcontractor shall provide all necessary
data and records and permit KFF to conduct review’s and audits at the subcontractor’s site.
2.4
Quality Assurance/Quality Improvement Program. The subcontractor shall independently
implement a QA/QI Program to continuously review and improve the delivery of services to
eligible consumers under this agreement. A written copy of the policy will be provided to the KFF
Contract Manager.
2.5
Records.
(a) Consumer Records. The subcontractor shall maintain a case file for each family
serviced. The case file should contain, but is not limited to:
1. Referral Form
2. Case Notes
3. Confidentiality Form
4. Original Reports
5. Program Agreement
6. Grievance Policy
7. Drug/Alcohol Policy
(b) Personnel Records. The subcontractor shall maintain a personnel file on each
employee involved in the provision of services as defined in this agreement. The record
shall contain, but is not limited to the original signed copy of the Security Agreement
Form, CF-114, documentation of education, training and required experience, and results
of the mandatory background screening, as explained in Section 2.15.
(c) Financial Records. The subcontractor shall establish and maintain books, records
and documents (including electronic storage media) in accordance with generally
accepted accounting procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds, provided by KFF under this agreement.
(d) Record Retention. The subcontractor shall retain all client records, financial records,
supporting documents, statistical records, and any other documents (including electronic
storage media) pertinent to this agreement for a period of six years after the
completion/termination of the agreement or for such longer period as may be required by
applicable federal or state law. If an audit has been initiated and audit findings have not
been resolved at the end of six years then the records shall be retained until resolution of
the audit findings or any litigation, which may be based on the terms of this agreement.
(e) Inspection. At all reasonable times for as long as the records are maintained,
persons duly authorized by KFF, KFF and Federal auditors, pursuant to 45 CFR, Section
92.36(i) (10), shall be allowed full access to and the right to examine any of the contracts
and related records and documents, regardless of the form in which kept.
(f) Confidentiality. The subcontractor shall comply at all times with applicable federal
and state laws, rules, and regulations, including but not limited to 45 C.F.R. Section
205.50, and 402.155 F.S. regarding the confidentiality of the records and identity of
consumers. The subcontractor shall not release any records to any consumer or third
person, other that KFF or KFF’s authorized representative without the prior written
consent of the consumer, except as may be required by applicable law or an order by a
26
court of competent jurisdiction. This responsibility extends to all of the officers,
employees, volunteers and agents of the subcontractor.
(g) Transfer of Records. Upon termination of this agreement, active and closed records
will be transferred in accordance with the subcontractor’s transition plan. From time to
time at the request of KFF or KFF, the subcontractor shall duplicate the transfer of
records (at no cost to KFF or KFF) during the required retention period as specified in
Section 2.5(c) above.
2.6
Client Rights and Grievance Process. The subcontractor shall prominently display
information as to a consumer’s access to the Florida Local Advocacy Council to file a complaint
regarding services. The subcontractor shall also make accessible and distribute KFF brochures
that outline consumer rights, to ensure consumers are informed of access to individuals willing to
advocate for their needs.
2.7
Grievance Resolution.
The subcontractor shall cooperate with KFF’s Grievance
Procedure and comply with all determinations made by KFF under the Grievance Procedure.
2.8
Performance Standards. The subcontractor shall meet or exceed the performance
standards mutually established by KFF, and KFF, incorporated by reference, and measured by
the outcomes and indicators set forth therein. The subcontractor shall meet or exceed the
performance standards mutually established during the first year of program operations. KFF will
track and conduct performance reviews monthly and report on these indicators quarterly. If the
subcontractor fails to meet performance standards, KFF at its exclusive option, may allow the
subcontractor up to six months achieve compliance. If KFF affords the subcontractor the
opportunity to achieve compliance, and the subcontractor fails to achieve such compliance within
the specified time frame, KFF may at its absolute discretion terminate the subcontract.
2.9
Information Systems. The subcontractor agrees to the requirements for information
systems set forth in Attachment III attached hereto and incorporated herein by reference.
2.10
Compliance with Law. The subcontractor shall, at all times during the term of this
agreement, comply with, and provide all services required hereunder in accordance with, all
applicable federal, state, and local laws, rules, regulations and ordinances including, but not
limited to, the federal Social Security Act (as amended); the Americans with Disabilities Act; the
Pro-Children Act of 1994; and Chapters 39 and 409, Florida Statutes.
2.11
Risk Prevention and Child Abuse Reporting. The subcontractor shall, in accordance with
KFF’s Consumer Risk Prevention System, report situations listed in CFOP 215-6 in the manner
described in CFOP 215-6 or KFF’s operating procedures. The subcontractor and its employees
shall also report any known or suspected child abuse, abandonment, or neglect immediately to
KFF’s central abuse hotline using the single statewide toll-free telephone number or as otherwise
required under Section 39.201, Florida Statutes. The subcontractor shall also be responsible for
notifying the Family Services Counselor of any incidents or reports made.
2.12
Nondiscrimination. The subcontractor shall not differentiate or discriminate in the
provision of services to eligible consumers or against any of its employees or any applicant for
employment because of age, race, religion, color, disability, national origin, marital status or sex.
2.13
Credentialing.
The subcontractor and its employees shall comply with KFF’s
credentialing and re-credentialing procedures and requirements, and the subcontractor shall
immediately notify KFF in writing of any material change in any credentialing information
previously provided to KFF.
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2.14
Transportation Disadvantaged. The subcontractor shall comply with the provisions of
Chapter 427, Florida Statutes, and Chapter 41-2, Florida Administrative Code, if consumers are
transported under this agreement.
2.15
Mandatory Background Screening. The subcontractor shall ensure that all of its
employees providing services to eligible consumers are subjected to a Level 2 security
background investigation in accordance with Section 435.04, Florida Statutes, and a child abuse
registry screening. In the event that such employee is determined to (a) have been found guilty
of, regardless of adjudication, or entered a plea of nolo contender or guilty to, any of the offenses
enumerated in Section 435.04(2), or (b) have been subject to a confirmed child abuse or neglect
report, then such employee shall be prohibited from providing services to eligible consumers.
2.16
Policies and Procedures. The subcontractor shall maintain and comply with written
policies and procedures developed by KFF and incorporated herein by reference.
2.17
Health Insurance Portability and Accountability Act. The subcontractor shall comply with
the Health Insurance Portability and Accountability Act (HIPAA) (42 U.S. Section 210 et seq) as
well as all regulations promulgated thereunder (45 CFR Parts 160, 162 and 164), as set forth in
Attachment II.
2.18
Emergency Preparedness. If the tasks to be performed pursuant to this agreement
include the physical care and control of clients, the subcontractor shall, within thirty days of the
execution of this agreement, submit to the Contract Specialist an emergency preparedness plan
which shall include provisions for pre-disaster records protection, alternative accommodations for
clients in substitute care, supplies, and a recovery plan that will allow the subcontractor to
continue functioning in compliance with the executed agreement in the event of an actual
emergency. KFF agrees to respond in writing within thirty days of receipt of the plan accepting,
rejecting, or requesting modifications. In the event of an emergency, KFF may exercise oversight
authority over such a subcontractor in order to assure implementation of the agreed emergency
relief provisions.
ARTICLE III
Obligations of Kids First Florida, Inc. (KFF)
3.1
Consumer Eligibility. KFF shall establish a process for assuring service eligibility for all
consumers based upon KFF’s state and federally mandated criteria. KFF has the sole right and
responsibility to make determinations regarding a consumer’s eligibility and appropriate services.
The decision of KFF in this respect shall be binding on the subcontractor.
3.2
KFF’s Quality Assurance/Quality Improvement Program. KFF shall establish and
implement KFF’s Quality Assurance /Quality Improvement Program, review subcontractor files
periodically, but at least annually, to determine provider compliance with the terms and conditions
of the subcontract and to ensure federal, state and other requirements associated with the
service purchased is in compliance. KFF will require corrective action plans and trainings as
needed.
3.3
Compliance With Law. KFF shall at all times during the term of this agreement, comply
with all applicable federal and state laws, rules, and regulations including, but not limited to, the
federal Social Security Act (as amended); the Americans with Disabilities Act; and Chapters 39
and 409, Florida Statutes.
ARTICLE IV
Compensation
4.1
Amount. This is a fee for service agreement. KFF agrees to pay the subcontractor for
the delivery of services provided in accordance with the terms of this agreement for a total dollar
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amount not to exceed a total of $ 120,000.00 subject to the availability of funds, for the period of
July 1, 2015 through June 30, 2016.
4.2
Method of Payment. The subcontractor shall be authorized a price per service amount.
Any costs or services paid to or for the subcontractor under any other agreement, contract or
from any other source, are not eligible for payment under this agreement.
KFF agrees to pay for the services at the fee for service and limits listed below:
Service
Fee for
Service
Reality Baby Service
$
Maximum Dollar
Amount Per Year
$20,000.00
Crowell Assessment
$
$20,000.00
Parent Bonding Assessment
$20,000.00
Parenting classes at the Clay
County Jail
Co-Parenting sessions
$20,000.00
Early childhood development trng
$20,000.00
$20,000.00
4.3
Request for Payment. The subcontractor shall request payment within five calendar days
following the end of the month in which services were provided through submission of a properly
detailed and completed invoice. Payments may be authorized only for services on the invoice
that are in accordance with the above list and other terms and conditions of this agreement. The
service for which payment is requested may not either by themselves, or cumulatively by totaling
service units on previous invoices, exceed the total dollar amount authorized by this agreement.
The invoice and the documentation must be submitted to the KFF Chief Financial Officer. An
invoice returned to the subcontractor due to preparation errors will result in a payment delay. The
subcontractor acknowledges that in the event of nonpayment by KFF for any reason, KFF shall
have no liability for payment of any of the subcontractor’s expenses or obligations incurred under
this agreement, and KFF has sole financial responsibility to pay the subcontractor for services
provided by the subcontractor under this agreement.
4.4
Withholding of Payment. Receipt of payment is contingent upon an audit trail of service
provision through the reporting requirements incorporated by reference which may be revised
from time to time with no less than thirty days notice. Subcontractors who fail to accurately and
timely report will receive a thirty day notice after which all outstanding reports must be received
and approved. Failure to take immediate corrective action will result in KFF withholding 25% from
the subcontractor’s next payment until all outstanding reports are received and approved.
4.5
Non-Payment.
The subcontractor understands and agrees that payment of
compensation from KFF is contingent upon receipt of funds from KFF and that a delay in the
receipt of funds could result in partial payment until funds are received. The subcontractor is
required to have access to at least sixty days of operating revenues during the life of the
agreement to cover this situation. In the event that insufficient funds are available to implement
the subcontract, KFF may at its absolute discretion terminate or modify this agreement
accordingly.
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4.6
Expenditure Reports. The subcontractor shall submit expenditure reports (of actual
expenditure by line item), for each month following the month of service. These reports may be
generated from the subcontractor’s accounting system in a format approved by KFF.
Expenditures are required to be in compliance with OMB A-110, A-122, A-133, the Florida
Expenditure Guide, GAAP, and all laws and regulations from the federal, state and local
governments.
4.7
Final Expenditure Report. The subcontractor shall submit a final expenditure report to
KFF within forty-five days after the contract ends or is terminated. If the subcontractor fails to do
so, all rights to payment are forfeited and KFF will not honor any requests submitted after the
aforesaid time period. Any payment due under the terms of the agreement may be withheld by
KFF until all reports due from the subcontractor and necessary adjustments thereto have been
approved by KFF.
4.8
Return of Funds. In the event that the subcontractor or its independent auditor discovers
that an overpayment has been made by KFF, the subcontractor shall repay said overpayment to
KFF within forty days from such discovery without prior notice or request from KFF. In the event
that KFF first discovers and overpayment has been made to the subcontractor, KFF will notify the
subcontractor by letter of such a finding and requesting repayment within forty days. Should
repayment not be made within such applicable forty day time period, KFF will charge the
subcontractor interest of one percent (1%) per month compounded on the outstanding balance
after such applicable time period has expired until paid in full.
4.9
Use of Funds for Lobbying Prohibited. The subcontractor agrees to comply with the
provisions of Sections 11.062 and 216.347, Florida Statutes, which prohibit the expenditure of
funds received under this agreement for the purposes of lobbying the Florida Legislature, judicial
branch, or any state agency.
4.10
Reimbursement for Travel Expenses.
The subcontractor agrees to comply with the
provisions of Section 112.061 Florida Statutes, for the documentation of all travel expenditures.
ARTICLE V
Insurance and Indemnification
5.1
Liability Insurance. During the term of this agreement, subcontractor shall maintain and
keep in effect, at its sole expense, general liability insurance and errors and omission
(professional liability) insurance coverage in accordance with section 409.986 F.S. and any
subsequent amendments thereto. At KFF’s request, subcontractor shall furnish to it a certificate
of insurance evidencing the insurance coverage required under this Section 5.1.
5.2
Indemnification. Subcontractor shall indemnify, defend, and hold harmless KFF and its
officers, directors, employees and agents from and against any and all liability, loss, damage,
claims, and all costs or expenses related thereto (including attorneys’ fees), that may arise out of
and/or be incurred in connection with: (a) any negligence or misconduct caused or alleged to
have been caused by subcontractor or its employees, agents, or representatives in connection
with the provision of the services under this agreement or in connection with the use or
maintenance of any property, facility, or any equipment by, or under the direction or control of, the
subcontractor, or (b) any act or failure to act by subcontractor or its employees, agents, or
representatives outside the scope of, or in breach of, the terms of this agreement.
ARTICLE VI
Term of Agreement/Termination
30
6.1
Term. This agreement will be effective from July 1, 2015 through June 30, 2016. This is
a (twelve month) agreement and may be renewed on a yearly basis, beginning July 1, 2016, not
to exceed three years. Such renewals are contingent upon satisfactory fiscal and program
performance reviews as determined by KFF and annual amounts shall be negotiated subject to
the availability of funds. Each renewal shall be confirmed in writing and will be subject to the
terms and conditions set forth in the original contact and its amendments.
6.2
Termination Without Cause. Either party can terminate the subcontract with no less than
sixty calendar days notice to the other party, unless a lesser time is mutually agreed upon in
writing. (Notwithstanding any provision of KFF of Children and Families Standard Contract)
Once accepted, a transition plan will be implemented to ensure a smooth transition for no more
than 180 calendar days from the date of acceptance. KFF at its absolute discretion has the right
to accept or reject the transition plan.
6.3
Contract Renewal/Non-Renewal: Either party has the option of renewing or not renewing
the contract by providing written notice within 30 days of the expiration of the contract.
6.4
Transition Plan. Subject to individual negotiation a transition plan due to contract
termination is expected to include the following elements.
(a)
KFF will be responsible for payment of subcontractor’s fixed expenses, including
salaries and benefits, during the transition period. Definition of fixed expenses would be
discussed and agreed to. Use of unencumbered funds could not occur without the
express consent of KFF during the transition period.
(b)
The subcontractor will need prior authorization from KFF to spend client related
service funds during the transition period.
(c)
All elements of the subcontract remain in effect through the entire transition
period. Any change in tasks, responsibility or activity relating to the provision of child
welfare services or related functions will occur only following written agreement of both
parties.
(d)
Within thirty days following receipt of the termination notice, the subcontractor will
submit for approval provisions and timelines for the preparation and transfer of existing
personnel, for informing and educating consumers, staff, stakeholders, and others where
appropriate.
(e)
Within thirty days following receipt of the termination notice, the subcontractor will
submit for approval provisions and timelines for the orderly transfer of contract related
records.
(f)
Within thirty days following receipt of the termination notice, the subcontractor will
furnish financial reports including, but not limited to expenditure detail from the effective
date of the contract through the month preceding the date of the Termination Notice.
(g)
Within thirty days following receipt of the termination notice, the subcontractor will
furnish a copy of all of the sub-contracts held by the subcontractor along with the year to
date expenditure reports for each.
(h)
Within thirty days following receipt of the termination notice, the subcontractor will
furnish a detailed personnel report, which includes all positions funded, vacant positions
and projected vacancies.
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(i)
Within thirty days following receipt of the termination notice, the subcontractor will
furnish an updated inventory report listing all non-expendable property purchased with
contract funds.
6.5
Termination With Cause. KFF may terminate this subcontract within ten days, upon
written notice, if it determines at its absolute discretion that, the subcontractor has failed or may
fail to perform any material duty or obligation imposed by the subcontract and does not cure the
default or breach within the ten day period following notice.
If this agreement is terminated under the foregoing provision, the subcontractor will be
ineligible to receive any contracts or funds from KFF for a period of at least twelve months from
the date of termination. If this agreement is terminated without cause, the subcontractor shall not
be restricted from contracting with KFF if it has fully cooperated in implementing a transition plan
and ensured child safety and service continuity during the transition period.
6.6
Termination With Notice Bankruptcy. Notwithstanding Section 6.1 above, this agreement
shall immediately terminate upon written notice by one party to the other party in the event the
other party becomes “bankrupt” as defined herein. As used herein, a party shall be deemed to be
“bankrupt” if (a) an involuntary petition under any bankruptcy or insolvency law is filed with
respect to a party or a receiver of, or for the property of, such party is appointed without the
acquiescence of such party, which petition or appointment remains undischarged or unstayed for
an aggregate period of sixty days (whether or not consecutive); or (b) a voluntary petition under
any bankruptcy or insolvency law is filed by or on behalf of such party, or a receiver of, or for the
property of, such party is acquiesced in by such party, or such party does any similar act of like
import.
6.7
Termination With Notice Other. Notwithstanding Section 6.1 above, this agreement shall
immediately terminate upon written notice by KFF to the subcontractor in the event (a) the
subcontractor’s licensure or accreditation as required by Section 2.3 above is either suspended or
revoked; (b) the subcontractor’s credentialing or re-credentialing application is not verified and
approved by KFF; (c) the subcontractor’s general liability insurance required by Section 4.1 above
is cancelled or otherwise terminated; (d) the subcontractor fails to comply with the performance
standards as required by Section 2.9 above; (e) the subcontractor fails to comply with any
corrective action plan imposed under Section 2.4 above; (f) the subcontractor fails to meet the
staffing requirements; (g) the subcontractor (or any of its officers, directors, or employees) is
placed on the convicted vendor list kept by the Florida Department of Management Services
pursuant to Section 287.133, Florida Statutes; or (h) in the event funds to pay the subcontractor
under this Agreement become unavailable. KFF shall be the final authority as to the availability of
funds to pay the subcontractor.
6.8
Provision of Services Upon Termination.
Upon termination by either party, the
subcontractor shall continue to provide services under the terms and conditions of this agreement
to any eligible consumer who was being served by the subcontractor on the termination date until
KFF makes provision for the assumption of such services by another organization or program.
The subcontractor shall be eligible for compensation for the services rendered to eligible
consumers under this Section 6.7 on a fee-for-service basis agreed to by KFF and the
subcontractor in advance based upon the number of eligible consumers served by the
subcontractor after the termination date.
6.9
Transfer of Equipment. In the event that the subcontractor has used any funds or
compensation obtained from KFF under this agreement to make any capital item purchase as
indicated on the Non-Expendable Property Inventory submitted to KFF, then upon termination of
this agreement, the subcontractor shall promptly transfer any such capital item property to KFF at
no cost to KFF.
ARTICLE VII
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Dispute Resolution
7.1
Dispute Resolution. The parties agree to comply with Sections 7.2 and 7.3 below in
resolving any differences in interpreting this agreement and to resolve all disputes, claims,
controversies, or other matters between KFF and the subcontractor arising out of or relating to
this agreement (each, a “Dispute”). Within five business days after the Effective Date, each party
shall designate one person to act as a representative for dispute resolution purposes (the
“Designated Representative”), and the party shall so notify the other party of its Designated
Representative’s name, business address and telephone number.
7.2
Mandatory Negotiation. On or before thirty days after a party (the “Claimant”) determines
that there is a Dispute, it shall send a detailed written notice of the Dispute (the “Dispute Notice”)
to the other party’s Designated Representative. Within five business days from receipt by a
Designated Representative of the Dispute Notice from the Claimant, both Designated
Representatives shall conduct a face-to-face meeting and shall attempt to resolve the Dispute in
good faith. All such negotiations shall be deemed confidential compromise in settlement
negotiations and shall not be admissible as evidence in any later proceeding. In the event the
Designated Representatives are unable to settle the Dispute after following this procedure, the
parties shall submit the Dispute to mandatory mediation as set forth in Section 7.3 below.
7.3
Mandatory Mediation. If the parties do not resolve the Dispute under Section 7.2 above
within thirty days from the receipt of the Dispute Notice by a Designated Representative, then the
Dispute shall be submitted to mediation. In order to submit the Dispute to mediation, the
Claimant shall send a written request for mediation to the other party. The parties shall agree
upon a mediator on or before ten business days from the other party’s receipt of the written
request for mediation from the claimant. In the event that the parties cannot agree upon a
mediator, the mediator shall be chosen by the American Arbitration Association (AAA). The
mediation shall be conducted in Orange Park, Clay County, Florida, unless otherwise agreed to
by the parties, and the mediation shall be governed by the Commercial Mediation Rules of the
AAA. In the event a party fails to attend a mediation session without good cause or if the
mediator determines that a party has not acted in good faith to settle the Dispute, the mediator
may assess against such party the reasonable attorney’s fees and costs of the other party. The
cost of the mediator shall be borne equally by each party.
7.4
Prerequisite to Litigation. Good faith participation in mandatory negotiation pursuant to
Section 7.2 above and mandatory mediation pursuant to Section 7.3 above shall be a prerequisite
to a party commencing legal action against another party regarding the Dispute.
ARTICLE VIII
General Provisions
8.1
Recitals. The parties acknowledge that the statements contained in the Recitals above
are true and correct, and the Recitals are incorporated herein by reference and made a part
hereof.
8.2
Independent Contractor. This agreement is not intended to create, nor is it to be
construed as creating, any relationship between the subcontractor and KFF other than that of
independent parties contracting with each other solely for the purpose of effectuating the
provisions of this agreement. Neither the subcontractor or KFF, nor any of their respective
officers, directors, or employees, shall act as nor be construed to be the agent, employee or
representative of the other. Furthermore, the subcontractor shall not represent to others that it
has the authority to bind KFF or KFF unless specifically authorized in writing to do so. All
deductions for social security withholding taxes, income taxes, contributions to unemployment
compensation funds, worker’s compensation and all necessary insurance for the subcontractor’s
employees and permitted contractors shall be the sole responsibility of the subcontractor.
33
8.3
Attorney’s Fees. In connection with any litigation, including appellate proceedings or
bankruptcy proceedings, arising under this agreement, the prevailing party in such litigation shall
be entitled to recover reasonable attorney’s fees and other costs from the non-prevailing party.
8.4
Assignment. This agreement may not be assigned or further subcontracted by the
subcontractor without the prior written consent of KFF.
8.5
Notices. Any notice or other communication which may be required or permitted to be
given under Sections 6.2, 7.1, 7.2, or 7.3 shall be in writing, signed by a duly authorized officer,
and hand delivered to the other party or sent by electronic mail, United States certified mail,
return receipt requested, postage prepaid, addressed to the other party at the address set forth
on the signature page of this agreement or at such other address of which a party shall so notify
the other party. Any such notice or other communication shall be deemed given upon the date of
mailing if mailed pursuant to the provisions of this Section 8.5.
8.6
Captions: Partial Invalidity.
The captions and section numbers appearing in this
agreement are inserted only as a matter of convenience and in no way define, limit, construe or
describe the scope or intent of such provisions of the agreement not in any way affect this
agreement. If any provision of this agreement shall be held invalid or unenforceable by a court of
competent jurisdiction, the invalidity or enforceability of such provision shall not affect the
remaining provisions of this agreement.
8.7
Change in Law or Regulations. Should any federal or state statute, regulation, or rule
now existing, or enacted or promulgated after the effective date of this agreement, be enacted or
interpreted by any court, governmental body, or agency having jurisdiction over the subcontractor
or KFF during the term of this agreement so as to materially affect the ability of a party to perform
any provision of this agreement, then the parties shall forthwith and in good faith amend the
provision of this agreement affected by such action as reasonably necessary to comply with such
law, regulation, or rule. Any such amendment shall preserve the underlying economic and
financial arrangements between the parties hereto.
8.8
Third-Party Beneficiaries. Nothing in this agreement is intended to be construed or to be
deemed to create any right or remedy to the benefit of a third party, including, but not limited to, a
consumer.
8.9
Pronouns. All pronouns shall be deemed to refer to the masculine, feminine or neuter,
singular or plural, as the identity or number of the person, persons, entity or entities may require.
8.10
Amendment. This agreement may not be amended or modified except by a written
instrument executed by the parties hereto.
8.11
Applicable Law, Venue, Binding Effect. This agreement shall be governed by and
construed in accordance with the laws of the State of Florida, and venue for any legal action or
proceeding arising out of or construing this agreement shall lie in the state courts for Clay County,
Florida, or the United States District Court for the Middle District of Florida, Jacksonville Division.
This agreement shall inure to the benefit of and be binding upon the partied hereto and their
successors and permitted assigns.
8.12
Entire Agreement. This agreement, Attachments and KFF’s contract with the lead
agency incorporated herein by reference hereto embody the entire agreement among the parties
hereto with respect to the subject matter hereof and supersede any and all prior or
contemporaneous, oral or written, understandings, negotiations or communications on behalf of
such parties.
8.13
Waiver. The waiver by either party of a breach or violation of any provision of this
agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof.
34
8.14
Construction. By the execution of this agreement, each party hereto acknowledges and
agrees having had the opportunity to review, negotiate and approve all of the provisions of this
agreement and the terms hereof, and each of the parties hereto waives the normal rule of
construction that any ambiguities in this agreement shall be construed against the party that
drafted or proposed such provision.
8.15
Non-Exclusivity. Nothing in this agreement shall be construed to confer upon the
subcontractor the exclusive right to provide services to eligible consumers in any geographic
area, and KFF explicitly reserves the right to contract with other organizations or agencies
providing similar services in subcontractor’s geographic area.
8.16
Survival. The provisions of Sections 2.4, 4.8, 4.10, 5.2, 6.2 and 7.1 shall survive the
termination of this agreement.
8.17
is:
Official Payee and Representatives: The official payee to whom payment shall be made
The contact person and street address where financial and administrative records are maintained
is:
(Subcontractor Contact Person and Address)
The Contract Manager for KFF is:
Louis Ceragioli
1726 Kingsley Avenue, Suite 2
Orange Park, Florida 32073
(904)278-5644 ext. 2106
[email protected]
The representative of the__________________________. responsible for administration of the
program under this subcontract is:
(Name and Address)
IN WITNESS THEREOF, ___________________________ and Kids First of Florida, Inc. have
duly executed this ____ page agreement effective July 1, 2009.
Kids First of Florida, Inc.
1726 Kingsley Avenue, Suite 2
Orange Park, FL 32073
By: ________________________ _________________
Date
By: __________________________
_______________
Date
Federal EID#:
35
Attachment I
A.
Services to be Provided
1.
General Description.
a.
General Statement: The purpose of each needed service is as follows:
(1)
(As indicated on proposal)
b.
Authority: (TBA)
c.
Scope of Service:
(1)
(As indicated on proposal)
(If applicable) These services will be provided in Clay County at:
_______(Address)______________________.
d.
2.
B.
Major Program Goals: (As indicated on proposal)
Clients to be served
a.
General Description: Dependency services will be provided to children
who are at-risk and reside in out of home care or are under court ordered
supervision with a parent, relative or non relative.
b.
Client Eligibility: Dependency services in this agreement are provided to
children who are in out of home placement or under supervision in Clay
County.
c.
Client Determination: KFF staff or Department CPIs shall be responsible
for making referrals to the subcontractor for at-risk children and their
families for dependency services.
If any questions should arise
regarding client eligibility, KFF’s determination is final.
d.
Contract Limits: (As indicated on proposal/ if applicable)
Manner of Service Provision
1.
Service Tasks
a.
Task List: The Subcontractor will perform the following tasks:
(1)
b.
(As indicated on proposal)
Task Limits:
(1)
(As indicated on proposal)
36
2.
Staffing Requirements
a.
Staffing Levels:
(1)
(2)
b.
Professional Qualifications:
(1)
3.
(As indicated on proposal)
The Subcontractor will maintain appropriate staffing levels to
deliver the agreed upon services. Staff will include a FT
Supervisor. (If applicable)
(As indicated on proposal)
c.
Staffing Changes: The Subcontractor will notify the Contract Manager
within two (2) working days of any agency staff changes or vacancies
that have an impact on the performance of this Agreement. In the event
that a position required by this Agreement becomes available due to staff
turnover or the creation of additional positions, the Subcontractor shall
make and document a good faith effort to fill that position within 30 days
of it becoming available to be filled.
d.
Subcontractors: (TBA)
Service Location & Equipment
a.
Service Delivery Location:
(Address)
b.
Service Times:
(Times services will be available)
4.
c.
Changes in Location: The Contract Manager must be notified ten days
prior to change of location during the period of the contract. The
subcontractor shall be responsible for notifying clients timely of location
changes.
d.
Equipment: The subcontractor will maintain sufficient equipment to
deliver the agreed upon services.
Deliverables
a.
Service: (TBA)
b.
Records and Documentation: Records to support the monthly
recapitulation report must be maintained by the subcontractor in
accordance with federal and state confidentiality laws and regulations.
The subcontractor shall maintain confidentiality of all information
37
concerning the client and his/her family pursuant to Chapter 39, Florida
Statutes.
c.
Reports:
(1)
The Subcontractor will submit required reports as follows: (TBA/
Depends on Service)
Reports
Due to Contract Specialist
(TBA/ Depends on Service)
(2)
5.
Mere receipt of reports by the Contract Manager does not
constitute approval.
Performance Specifications
a.
Performance Measures
(1)
(TBA/ depends on Service)
b. Performance Evaluation Methodology
6.
(1)
By execution of this agreement the subcontractor hereby
acknowledges and agrees that its performance under the
agreement must meet the standards set forth above and will be
bound by the conditions set forth below. If the subcontractor fails
to meet these standards, KFF, at its exclusive option, may allow
up to six months for the subcontractor to achieve compliance
with the standards.
If KFF affords the subcontractor an
opportunity to achieve compliance, and the subcontractor fails to
achieve compliance within the specified time frame, KFF has the
option to cancel the agreement in the absence of any
extenuating or mitigating circumstances. The determination of
the extenuating or mitigating circumstances is the exclusive
determination of KFF.
(2)
Performance measures (TBA/ depends on Service)
Subcontractor Responsibilities
a.
Subcontractor Unique Activities: The subcontractor will:
(1)
b.
(TBA/ depends on Service)
Coordination with Other Subcontractors/Entities: (TBA/ depends on
Service)
38
c.
7.
Health Insurance Portability and Accountability Act - the terms and
conditions governing the Provider’s access to and use of Protected
Health Information and provides the permissible uses and disclosures of
protected health information by the Provider, also called “Business
Associate” as set forth in Attachment II.
Kids First of Florida, Inc. Responsibilities
a.
KFF Obligations:
(1)
b.
c.
(TBA/ depends on Service)
KFF Determinations:
(1)
KFF reserves the right to make final determination regarding the
acceptance of all required reports and deliverables.
(2)
The Contract Manager reserves the right to approve or
disapprove any conditions relating to this contract.
Monitoring Requirements:
This contract will be monitored according to CFOP 75-8.
C.
Method of Payment
1.
This is a fee for service contract. KFF shall pay the subcontractor for the delivery
of service provided in accordance with the terms of this agreement, subject to the
availability of funds.
2.
KFF agrees to pay for service units as follows:
Service
Fee for
Service
Maximum Dollar
Amount Per Year
(Depends on Service)
3.
The subcontractor shall request payment on a monthly basis through submission
th
of a properly completed invoice, by noon of the 5 day, following the end of the
month for which payment is being requested. Charges on the invoice and the
documentation must be submitted to the KFF Contract Manager.
4.
Payments may be authorized only for services on the invoice which are in accord
with the terms and conditions of the agreement. The service for which payment
is requested may not either, by themselves, or cumulatively, by totaling services
39
on previous invoices, exceed the total number of services authorized by this
agreement.
5.
D.
The subcontractor must maintain records documenting the total number of
services and names (or unique identifiers) of recipients to whom services were
provided and the date(s) that the services were provided so that an audit trail
documenting service provision can be maintained.
Special Provisions
1.
Confidentiality: The subcontractor shall not permit any publicity involving clients,
including the use of program names or identifiable pictures, without the written
consent of the client, or, in the case of a minor, the written consent of the minor’s
parents or legal guardians.
2.
Facility Standards: The subcontractor agrees that any facility used in the
provision of services pursuant to the agreement shall comply with state and local
fire and health codes, Americans with Disabilities Act (ADA) standards, and all
other codes which would apply if space so utilized were owned or leased by the
state.
3.
Competitive Budding/Related Party Transactions: In the purchase or
procurement of all supplies and services relative to this agreement (including the
lease of space for use in the performance of this contract), the subcontractor
agrees to obtain such goods or services at the lowest practical cost, and to
obtain such goods, or services by means of a system of competitive bidding
which includes at least three bids.
The subcontractor agrees that it will not purchase, lease, or otherwise procure
goods, services, or leased space with any officer, agent or employee of the
subcontractor or with any business entity which employs, uses, or has substantial
ownership by any officers, agents, or employees of the subcontractor, unless
such purchases or other procurements are in compliance with the competitive
bidding provisions above.
Further, regardless of the source of funding, the subcontractor agrees to comply
with the provisions of all applicable state or federal cost principles, or the
provisions of OMB Circular A-122 where other cost principles do not apply. The
subcontractor recognizes that the above cost principles or Circular provides
guidelines relative to competitive bidding and related party transactions.
4.
Inter-Agency Agreements: The Provider shall have, if applicable, inter-agency
agreements with all involved parties. These include, at a minimum the court,
local domestic violence centers and local law enforcement.
5.
Vacant Positions: If any position funded through this agreement remains vacant
for more than thirty (30) consecutive days, the subcontractor’s rate of payment
may be reduced by the prorated share of funds allocated to that vacant position,
st
beginning on the 31 day following the day the position became vacant. This
adjustment will remain in effect until a replacement is hired and
working, and will not require an amendment to initiate or terminate such
reductions in the monthly payment.
7.
Transportation of Clients: Subcontractors who transport clients on
a
routine or emergency basis shall have written Transportation
Policies and Procedures
addressing the following:
40
a.
b.
c.
d.
Safety of vehicle
Safety of clients including the use of escorts or attendants, child safety
seats, seat belts and restraints when necessary
Drug testing of drivers and attendants as outlined in Florida
Administrative Rule 41.2 for Transportation Service
Provision addressing employee training on transportation safety
procedures and First Aid
Technical assistance with the DCF District 4 Transportation Coordinator on
policies and procedures may be arranged through the assigned Contract
Specialist. A review of policies and procedures will be conducted by KFF in
monitoring any contract subcontractors who provide transportation to clients.
8.
Background Criminal Checks: When KFF contracts with a subcontractor for any
program for children, all personnel, including owners, operators, employees, and
volunteers in the facility must be of good moral character. A volunteer who
assists on an intermittent basis for less than 40 hours per month need not be
screened if the volunteer is under direct and constant supervision by persons
who meet the screening requirement. KFF shall require employment screening,
and re-screening no less frequently than once every 5 years, pursuant to Chapter
435, using the level 2 standard set forth in that chapter for personnel in programs
for children and youths. KFF may grant exemptions from disqualification from
working with children as provided in s.435.07.
9.
Information Technology Resources: All KFF subcontractors must receive written
approval from the appropriate department approving authority in accordance with
CFOP 50-9, Policy on Information Resource Requests, prior to purchasing any
information Technology Resource (ITR) with agreement funds.
The
subcontractor agrees to secure prior written approval by means of an Information
Resources Request (IRR) form in accordance with CFOP 50-9, Policy on
Information Resource Requests, before the purchase of any ITR. The Contract
Managers responsible for serving as the liaison between the subcontractor and
KFF during the completion of the IRR. ITRs are defined in Chapter 282, FS. as
data processing hardware, software, services, supplies, maintenance, training,
personnel, and facilities. The subcontractor will not be reimbursed for any ITR
purchases made prior to obtaining KFF’s written approval.
Title (ownership) of all ITR acquired with funds from this agreement shall be
vested in KFF upon completion or termination of the agreement.
10. Transportation Disadvantaged: The subcontractor agrees to comply with the provisions
of Chapter 427, F.S., Part 1, Transportation Services, and Chapter 41-2, F.A.C.,
Commission for the Transportation Disadvantaged, if public funds provided under
this contract will be used to transport clients.
11.
Financial Penalties for Failures to Comply with Requirement for Corrective
Action: In accordance with the provisions of Section 402.73(7), Florida Statutes,
and Section 65-29.001, Florida Administrative Code, corrective action plans may
be required for noncompliance, nonperformance, or unacceptable performance
under this agreement. Penalties may be imposed for failures to implement or to
make acceptable progress on such corrective action plans.
The increments of penalty imposition that shall apply, unless KFF determines
that extenuating circumstances exist, shall be based upon the severity of the
noncompliance, nonperformance, or unacceptable performance that generated
41
the need for a corrective action plan. The penalty, if imposed, shall not exceed
ten percent of the total agreement payments during the period in which the
corrective action plan has not been implemented or in which acceptable progress
toward implementation has not been made. Noncompliance that is determined to
have a direct effect on client health and safety shall result in the imposition of a
ten percent penalty of the total agreement payments during the period in which
the corrective action plan has not been implemented or in which acceptable
progress toward implementation has not been made.
Noncompliance involving the provision of service not having a direct effect on
client health and safety shall result in the imposition of a five percent penalty.
Noncompliance as a result of unacceptable performance of administrative tasks
shall result in the imposition of a two percent penalty.
The deadline for payment shall be as stated in the order imposing the financial
penalties. In the event of nonpayment KFF may deduct the amount of penalty
from invoices submitted by the subcontractor.
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Attachment II
Health Insurance Portability and Accountability Act
Section 1.
1.1
Definitions
Catch-all definitions:
The following terms used in this Attachment shall have the same meaning as those terms
in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure,
Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices,
Protected Health Information, Required by Law, Security Incident, Subcontractor,
Unsecured Protected Health Information, and Use.
1.2
Specific definitions:
1.2.1
1.2.2
1.2.3.
1.2.4.
Section 2.
2.1
“Business Associate” shall generally have the same meaning as the term
“business associate” at 45 CFR 160.103, and for purposes of this Attachment
shall specifically refer to the Provider.
“Covered Entity” shall generally have the same meaning as the term “covered
entity” at 45 CFR 160.103, and for purposes of this Attachment shall refer to
the Department.
“HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164.
“Subcontractor” shall generally have the same meaning as the term
“subcontractor” at 45 CFR § 160.103 and is defined as an individual to whom a
business associate delegates a function , activity, service , other than in the
capacity of a member of the workforce of such business associate.
Obligations and Activities of Business Associate
Business Associate agrees to:
2.1.1
2.1.2
2.1.3
2.1.4
Not use or disclose protected health information other than as permitted or
required by this Attachment or as required by law;
Use appropriate administrative safeguards as set forth at 45 CFR § 164.308,
physical safeguards as set forth at 45 CFR § 164.310, and technical
safeguards as set forth at 45 CFR § 164.312; including, policies and
procedures regarding the protection of PHI and/or ePHI set forth at 45 CFR §
164.316 and the provisions of training on such policies and procedures to
applicable employees, independent contractors, and volunteers, that
reasonably and appropriately protect the confidentiality, integrity, and
availability of the PHI and/or ePHI that the Provider creates, receives,
maintains or transmits on behalf of the Department;
Acknowledge that (a) the foregoing safeguards, policies and procedures
requirements shall apply to the Business Associate in the same manner that
such requirements apply to the Department, and (b) the Business Associate’s
and their Subcontractors are directly liable under the civil and criminal
enforcement provisions set forth at Section 13404 of the HITECH Act and
section 45 CFR § 164.500 and 164.502(E) of the Privacy Rule (42 U.S.C.
1320d-5 and 1320d-6), as amended, for failure to comply with the safeguards,
policies and procedures requirements and any guidance issued by the
Secretary of Health and Human Services with respect to such requirements;
Report to covered entity any use or disclosure of protected health information
not provided for by this Attachment of which it becomes aware, including
breaches of unsecured protected health information as required at 45 CFR
164.410, and any security incident of which it becomes aware;
43
2.1.5
2.1.6
2.1.7
2.1.8
2.1.9
2.1.10
2.1.11
2.1.12
2.1.13
2.1.14
2.1.15
2.1.16
Section 3.
3.1
Notify the Department’s Security Officer, Privacy Officer and the Contract
Manager as soon as possible, but no later than five (5) business days following
the determination of any breach or potential breach of personal and
confidential departmental data;
Notify the Privacy Officer and Contract Manager within (24) hours of notification
by the US Department of Health and Human Services of any investigations,
compliance reviews or inquiries by the US Department of Health and Human
Services concerning violations of HIPAA (Privacy, Security Breach).
Provide any additional information requested by the Department for purposes
of investigating and responding to a breach;
Provide at Business Associate’s own cost notice to affected parties no later
than 45 days following the determination of any potential breach of personal or
confidential departmental data as provided in section 817.5681, F.S.;
Implement at Business Associate’s own cost measures deemed appropriate by
the Department to avoid or mitigate potential injury to any person due to a
breach or potential breach of personal and confidential departmental data;
Take immediate steps to limit or avoid the recurrence of any security breach
and take any other action pertaining to such unauthorized access or disclosure
required by applicable federal and state laws and regulations regardless of any
actions taken by the Department ;
In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable,
ensure that any subcontractors that create, receive, maintain, or transmit
protected health information on behalf of the business associate agree to the
same restrictions, conditions, and requirements that apply to the business
associate with respect to such information. Business Associate’s must attain
satisfactory assurance in the form of a written contract or other written
agreement with their business associate’s or subcontractor’s that meets the
applicable requirements of 164.504(e)(2) that the Business Associate or
Subcontractor will appropriately safeguard the information. For prior contracts
or other arrangements, the provider shall provide written certification that its
implementation complies with the terms of 45 CFR 164.532(d);
Make available protected health information in a designated record set to
covered entity as necessary to satisfy covered entity’s obligations under 45
CFR 164.524;
Make any amendment(s) to protected health information in a designated record
set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526,
or take other measures as necessary to satisfy covered entity’s obligations
under 45 CFR 164.526;
Maintain and make available the information required to provide an accounting
of disclosures to the covered entity as necessary to satisfy covered entity’s
obligations under 45 CFR 164.528;
To the extent the business associate is to carry out one or more of covered
entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the
requirements of Subpart E that apply to the covered entity in the performance
of such obligation(s); and
Make its internal practices, books, and records available to the Secretary of the
U.S. Department of Health and Human Services for purposes of determining
compliance with the HIPAA Rules.
Permitted Uses and Disclosures by Business Associate
The Business associate may only use or disclose protected health information covered
under this Attachment as listed below:
3.1.1
The Business Associate may use and disclose the Department’s PHI and/or
ePHI received or created by Business Associate (or its agents and
subcontractors) in performing its obligations pursuant to this Attachment.
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3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
Section 4.
4.1
4.2
4.3
Provisions for Covered Entity to Inform Business Associate of Privacy
Practices and Restrictions
Covered entity shall notify business associate of any limitation(s) in the notice of privacy
practices of covered entity under 45 CFR 164.520, to the extent that such limitation may
affect business associate’s use or disclosure of protected health information.
Covered entity shall notify business associate of any changes in, or revocation of, the
permission by an individual to use or disclose his or her protected health information, to
the extent that such changes may affect business associate’s use or disclosure of
protected health information.
Covered entity shall notify business associate of any restriction on the use or disclosure
of protected health information that covered entity has agreed to or is required to abide
by under 45 CFR 164.522, to the extent that such restriction may affect business
associate’s use or disclosure of protected health information.
Section 5.
5.1
The Business Associate may use the Department’s PHI and/or ePHI received
or created by Business Associate (or its agents and subcontractors) for
archival purposes.
The Business Associate may use PHI and/or ePHI created or received in its
capacity as a Business Associate of the Department for the proper
management and administration of the Business Associate, if such use is
necessary (a) for the proper management and administration of Business
Associate or (b) to carry out the legal responsibilities of Business Associate.
The Business Associate may disclose PHI and/or ePHI created or received in
its capacity as a Business Associate of the Department for the proper
management and administration of the Business Associate if (a) the disclosure
is required by law or (b) the Business Associate (1) obtains reasonable
assurances from the person to whom the PHI and/or ePHI is disclosed that it
will be held confidentially and used or further disclosed only as required by law
or for the purpose for which it was disclosed to the person and (2) the person
agrees to notify the Business Associate of any instances of which it becomes
aware in which the confidentiality and security of the PHI and/or ePHI has been
breached.
The Business Associate may aggregate the PHI and/or ePHI created or
received pursuant this Attachment with the PHI and/or ePHI of other covered
entities that Business Associate has in its possession through its capacity as a
Business Associate of such covered entities for the purpose of providing the
Department of Children and Families with data analyses relating to the health
care operations of the Department (as defined in 45 C.F.R. §164.501).
The Business Associate may de-identify any and all PHI and/or ePHI received
or created pursuant to this Attachment, provided that the de-identification
process conforms to the requirements of 45 CFR § 164.514(b).
Follow guidance in the HIPAA Rule regarding marketing, fundraising and
research located at Sections 45 CFR § 164.501, 45 CFR § 164.508 and 45
CFR § 164.514.
Termination
Termination for Cause
5.1.1
Upon the Department’s knowledge of a material breach by the Business
Associate, the Department shall either:
5.1.1.1
Provide an opportunity for the Business Associate to cure the breach
or end the violation and terminate the Agreement or discontinue
access to PHI if the Business Associate does not cure the breach or
end the violation within the time specified by the Department of
Children and Families;
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5.1.1.2
5.1.1.3
5.2
Obligations of Business Associate Upon Termination
5.2.1
Upon termination of this Attachment for any reason, business associate, with
respect to protected health information received from covered entity, or
created, maintained, or received by business associate on behalf of covered
entity, shall:
5.2.1.1
5.2.1.2
5.2.1.3
5.2.1.4
5.2.1.5
5.2.1.6
Section 6.
6.1
6.2
6.3
Immediately terminate this Agreement or discontinue access to PHI if
the Business Associate has breached a material term of this
Attachment and does not end the violation; or
If neither termination nor cure is feasible, the Department shall report
the violation to the Secretary of the Department of Health and
Human Services.
Retain only that protected health information which is necessary for
Business Associate to continue its proper management and
administration or to carry out its legal responsibilities;
Return to covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the remaining protected health information that the Business
Associate still maintains in any form;
Continue to use appropriate safeguards and comply with Subpart C
of 45 CFR Part 164 with respect to electronic protected health
information to prevent use or disclosure of the protected health
information, other than as provided for in this Section, for as long as
Business Associate retains the protected health information;
Not use or disclose the protected health information retained by
Business Associate other than for the purposes for which such
protected health information was retained and subject to the same
conditions set out at paragraphs 3.1.3 and 3.1.4 above under
“Permitted Uses and Disclosures By Business Associate” which
applied prior to termination; and
Return to covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the protected health information retained by business associate
when it is no longer needed by business associate for its proper
management and administration or to carry out its legal
responsibilities.
The obligations of business associate under this Section shall
survive the termination of this Attachment.
Miscellaneous
A regulatory reference in this Attachment to a section in the HIPAA Rules means the
section as in effect or as amended.
The Parties agree to take such action as is necessary to amend this Attachment from
time to time as is necessary for compliance with the requirements of the HIPAA Rules
and any other applicable law.
Any ambiguity in this Attachment shall be interpreted to permit compliance with the
HIPAA Rules.
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ATTACHMENT III
Information System
The Subcontractor is obligated to ensure compliance with the following policy, rules and
conditions regarding the information system. Violations of this policy may result in corrective
action, up to and including termination of this Agreement.
All information about children and families receiving services from KFF or an agency contracted
by KFF is confidential. No information may be shared with any person or organization outside
KFF or an agency contracted by KFF without the prior written permission of the family and KFF.
Agencies contracted by KFF should strive to protect the privacy of children and families in the
program, and should view or print confidential information only when it is necessary to do so to
better serve the family.
The computer and network resources and services of KFF may not be used for the transmission
or storage of commercial advertisements, solicitations, promotions, destructive programs, political
material, or any other unauthorized purpose.
The Subcontractor shall comply with all applicable laws and procedures related to the security
and confidentiality including Chapter 815, Florida Statutes, and the KFF operating procedures
and regulations HRSOP 175-26, CFOP 50-6 and HRSR 50-2.
KFF shall not be liable to the Subcontractor for a failure of any KFF systems. The
Subcontractor’s loss or diminution of access to KFF systems for any reason shall not excuse the
Subcontractor from its obligations under this Agreement.
The policy set forth in this Attachment II may be amended or revised periodically by KFF as the
need arises.
The administration of resources awarded by the Department of Children & Families (department)/Kids
First of Florida, Inc. (KFF) to the provider may be subject to audits as described in this attachment.
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Attachment IV
AUDIT ATTACHMENT
The administration of resources awarded by the Department of Children & Families (department)/Kids
First of Florida, Inc. (KFF) to the provider may be subject to audits as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised, the department/KFF may monitor or conduct oversight reviews to evaluate
compliance with contract, management and programmatic requirements. Such monitoring or other
oversight procedures may include, but not be limited to, on-site visits by department/KFF staff, limited
scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this
agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed
appropriate by the department/KFF. In the event the department/KFF determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the department/KFF regarding such audit. The recipient further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by KFF, the
department’s inspector general, the state’s Chief Financial Officer or the Auditor General.
AUDITS
PART I: FEDERAL REQUIREMENTS
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the
recipient must have a single or program-specific audit conducted in accordance with the provisions of
OMB Circular A-133, as revised. The recipient agrees to provide a copy of the single audit to the
Department’s Single Audit Unit and its contract manager. In the event the recipient expends less than
$500,000 in Federal awards during its fiscal year, the recipient agrees to provide certification to the
Department’s Single Audit Unit and its contract manager that a single audit was not required. In
determining the Federal awards expended during its fiscal year, the recipient shall consider all sources
of Federal awards, including Federal resources received from the Department of Children & Families,
KFF, Federal government (direct), other state agencies, and other non-state entities. The
determination of amounts of Federal awards expended should be in accordance with guidelines
established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A-133, as revised, will meet the
requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
The schedule of expenditures should disclose the expenditures by contract number for each contract
with the department/KFF in effect during the audit period. The financial statements should disclose
whether or not the matching requirement was met for each applicable contract. All questioned costs
and liabilities due the department/KFF shall be fully disclosed in the audit report package with
reference to the specific contract number.
Single Audit Information for Recipients of Recovery Act Funds:
(a) To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of 2009 (Pub. L. 111–5) (Recovery Act) as required by Congress and in
accordance with 2 CFR 215.21 ‘‘Uniform Administrative Requirements for Grants and Agreements’’
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and OMB Circular A–102 Common Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds. OMB Circular A–102 is available at
http://www.whitehouse.gov/omb/circulars/a102/a102.html.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A–133,
‘‘Audits of States, Local Governments, and Non-Profit Organizations,’’ recipients agree to separately
identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures
of Federal Awards (SEFA) and the Data Collection Form (SF–SAC) required by OMB Circular A–133.
OMB Circular A–133 is available at http://www.whitehouse.gov/omb/circulars/a133/a133.html. This
shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act
separately on the SEFA, and as separate rows under Item 9 of Part III on the SF–SAC by CFDA
number, and inclusion of the prefix ‘‘ARRA-’’ in identifying the name of the Federal program on the
SEFA and
as the first characters in Item 9d of Part III on the SF–SAC.
(c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward
and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the
information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act
funds from
regular subawards under the existing program.
(d) Recipients agree to require their subrecipients to include on their SEFA information to specifically
identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This
information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA
funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
PART II: STATE REQUIREMENTS
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida
Statutes.
In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year,
the recipient must have a State single or project-specific audit conducted in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. The recipient agrees to provide a copy of the single audit to the Department’s Single
Audit Unit and its contract manager. In the event the recipient expends less than $500,000 in State
financial assistance during its fiscal year, the recipient agrees to provide certification to the
Department’s Single Audit Unit and its contract manager that a single audit was not required. In
determining the state financial assistance expended during its fiscal year, the recipient shall consider
all sources of state financial assistance, including state financial assistance received from the
Department of Children & Families, KFF, other state agencies, and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by
a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in the preceding paragraph, the recipient shall
ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes,
and Chapters 10.550 or 10.650, Rules of the Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract
with the department/KFF in effect during the audit period. The financial statements should disclose
whether or not the matching requirement was met for each applicable contract. All questioned costs
and liabilities due the department/KFF shall be fully disclosed in the audit report package with
reference to the specific contract number.
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PART III: REPORT SUBMISSION
Any reports, management letters, or other information required to be submitted to the department/KFF
pursuant to this agreement shall be submitted within 180 days after the end of the provider’s fiscal year
or within 30 days of the recipient’s receipt of the audit report, whichever occurs first, directly to each of
the following unless otherwise required by Florida Statutes:
A. Contract manager for this contract (1 copy)
Louis Ceragioli
Kids First of Florida, Inc.
1726 Kingsley Ave., Suite 2
Orange Park, Florida 32073
B. Department of Children & Families ( 1 electronic copy and management letter, if issued )
Office of the Inspector General
Single Audit Unit
Building 5, Room 237
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
Email address: [email protected]
C. Reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to the Federal Audit
Clearinghouse using the Federal Audit Clearinghouse’s Internet Data Entry System at:
http://harvester.census.gov/fac/collect/ddeindex.html
and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (f),
OMB Circular A-133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on
behalf of the recipient directly to the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
Email address: [email protected]
Providers, when submitting audit report packages to the department/KFF for audits done in
accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit or for-profit organizations), Rules of the Auditor General, should include, when available,
correspondence from the auditor indicating the date the audit report package was delivered to them.
When such correspondence is not available, the date that the audit report package was delivered by
the auditor to the provider must be indicated in correspondence submitted to the department/KFF in
accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of six years from the date the audit report is issued and shall allow the
department or its designee, KFF, Chief Financial Officer or Auditor General access to such records
upon request. The recipient shall ensure that audit working papers are made available to the
department or its designee, KFF, Chief Financial Officer or Auditor General upon request for a period
of three years from the date the audit report is issued, unless extended in writing by the
department/KFF.
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Attachment V
51