CBC- SC Part 2 DCF ITN 2526 082.pdf
PDF 618 KB Posted
- Attached to
- Community-Based Care Lead Agency Circuit 6
- Solicitation number
- ITN-16526
- Issued by
- Leon County, Florida
About this file
Summary
This is a Special Provisions and Scope of Work document for a community-based care (CBC) Lead Agency contract (CONTRACT NO. PCMT-03) issued by the Florida Department of Children and Families (DCF), Office of Child and Family Well-Being, to provide foster care and related services for Circuit 6, encompassing Pinellas and Pasco counties. The Lead Agency shall deliver a comprehensive array of child protection and child welfare services including prevention services, family support services, safety management, family preservation, out-of-home placement services, youth transition services, reunification services, adoption services, post-adoption services, and guardianship assistance. Services must be provided 24 hours per day, seven days per week, and shall serve all children referred through the Department's abuse and neglect hotline, including those with verified reports and those at moderate to extremely high risk. The contract establishes a 5-year term with possible renewal for one to five years, contingent upon the Lead Agency meeting performance expectations outlined in performance monitoring evaluations. The Lead Agency must comply with all state and federal laws, including Florida Statutes Chapter 39, 63, 402, and 409, and applicable federal requirements under Titles IV-B and IV-E of the Social Security Act.
The contract requires the Lead Agency to maintain a performance bond equal to 2% of total annual contract amount (excluding pass-through funding) and comply with comprehensive insurance requirements including general liability, professional liability coverage for abuse and neglect, and non-owned automobile liability as specified in Florida Statute 409.993. Administrative employee salaries are limited to 150% of the Department of Children and Families Secretary's annual salary from state-appropriated funds. The Lead Agency must establish a Board of Directors meeting statutory requirements, including at least 75% Florida residency and 51% service area residency, and shall implement extensive governance, fiduciary, and conflict-of-interest disclosure requirements. The contract includes detailed performance measurement standards, financial penalties for non-compliance, audit and monitoring provisions, and a community-based care risk pool mechanism to mitigate financial risk to Lead Agencies. The Department may terminate the contract without cause upon 90 days' notice, while the Lead Agency requires 180 days' notice; either party must coordinate transition planning within 30 days of termination notification.
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Other files
| File | Type | Posted |
|---|---|---|
| AddNo.01 DCF ITN 2526 082.pdf | ||
| DCF ITN 2526 082.pdf | ||
| APPENDIX XI.xlsx | XLSX spreadsheet | |
| AddNo.03 DCF ITN 2526 082.pdf | ||
| Standard Contract Part 1.pdf | ||
| Program Eval Manual CBC.xlsx | XLSX spreadsheet | |
| APPENDIX XI (County).xlsx | XLSX spreadsheet | |
| AddNo.02 DCF ITN 2526 082.pdf | ||
| Fin Eval Manual CBC.xlsx | XLSX spreadsheet |
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Text version
CONTRACT NO.
PCMT-03 1 v.24.1
EXHIBIT A – SPECIAL PROVISIONS
The following provisions supplement or modify the provisions of Items 1 through 11 of the Standard Contract, as provided herein:
A.1. ENGAGEMENT, TERM AND CONTRACT DOCUMENT
A.1.1. Definitions A.1.1.1. In addition to the provisions of 1.6.1.3., Program specific definitions may be found in the “Lead Agency Definition of Terms” (Attachment 1, Incorporated Documents).
A.1.1.2. References to “Lead Agency” refer to the Provider identified in 1.3. of the Standard Contract.
A.1.1.3. Notwithstanding §287.057, Florida Statutes (F.S.), the Department shall use 5-year contracts with Lead Agencies. The Department may only renew a contract for a period of one to five years, in accordance with §287.057(14) and §409.987(3), F.S., if the Lead Agency has met performance expectations within the monitoring evaluation.
A.2. STATEMENT OF WORK
A.2.1. Performance Measures A.2.1.1. The Lead Agency’s performance must meet the minimum acceptable level of performance set forth in Exhibit E to avoid contractual remedies, including financial consequences and Contract termination. During any period in which the Lead Agency fails to meet these measures, regardless of any additional time allowed to correct performance deficiencies, the Department may delay or deny payment and apply financial consequences.
A.3. PAYMENT, INVOICE AND RELATED TERMS
A.3.1. Travel Expenses A.3.1.1. In addition to the travel expenses referenced in 3.3.1., the Lead Agency may establish rates for travel expenses lower than the rates specified in §112.061, F.S., including mileage. The Lead Agency will reimburse staff in accordance with the Agency’s travel policy, which shall be approved in writing by the Department’s Contract Manager (CM).
A.4. GENERAL TERMS AND CONDITIONS
A.4.1. Indemnity A.4.1.1. The following provisions shall apply in lieu of 4.7. of the Standard Contract (entitled “Indemnity”). The Lead Agency shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Department, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including any and all attorney’s fees, alleged to be caused by any alleged act or omission by the Lead Agency, its agents, employees, partners, or subcontractors; provided, however, that the Lead Agency shall not be responsible for the indemnification or defense of that portion of any loss or damages proximately caused by the negligent acts or omissions of the State or Department. The following additional terms will also apply:
A.4.1.1.1. The Lead Agency shall fully indemnify, defend, and hold harmless the State and Department from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, related to or arising from the performance of this Contract; provided, however, that the foregoing obligation shall not apply to the Department’s misuse or modification of Lead Agency’s products or the Department operation or use of Lead Agency’s products in a manner not contemplated by this Contract. If any product is the subject of an infringement suit, or in the Lead Agency’s opinion is likely to become the subject of such a suit, the Lead Agency may at its sole expense procure for the Department the right to continue using the product or to modify it to become non-infringing. The Department shall not be liable for any royalties. If the Lead Agency removes an infringing product because it is not reasonably able to modify that product or secure the Department the
PCMT-03 2 v.24.1 right to continue to use that product, the Lead Agency shall immediately replace that product with a non-infringing product that the Department determines to be of equal or better functionality or be liable for the Department’s cost in so doing.
A.4.1.1.2. The Lead Agency shall indemnify the Department for all costs and attorney fees arising from or relating to the Lead Agency's claim that a record contains trade secret information that is exempt from disclosure or the scope of the Lead Agency’s redaction of the record, including litigation initiated by the Department.
A.4.1.1.3. The Lead Agency shall include in all subcontracts and require that the subcontractors in all resulting contracts, and resulting contracts therefrom, include the requirement that such contracted entities indemnify, defend, and hold harmless the State and the Department, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including any and all attorney’s fees, alleged to be caused by any alleged act or omission by the contracted entities, their agents, employees, partners, or subcontractors; provided, however, that the contracted entities shall not be responsible for the defense or indemnification that portion of any loss or damages proximately caused by the negligent acts or omissions of the Lead Agency, the State, Department, or other officers, agents or employees thereof. The language in this section notwithstanding, in any perceived conflict between the terms of this Contract and §409.993 or §39.011, F.S., the statutory provisions control.
A.4.1.1.4. Nothing in this Contract shall constitute a waiver of sovereign immunity or consent by the Department or the State or its subdivisions to suit by third parties.
A.4.2. Insurance A.4.2.1. In addition to the requirements of 4.8. of the Standard Contract, during the existence of this Contract, and any renewal(s) and extension(s) of it, the Lead Agency will maintain, and through contract require that its subcontractors maintain insurance in accordance with §409.993, F.S., any subsequent amendments to the statute, and the following requirements:
A.4.2.1.1. The Lead Agency, and its subcontractors that are direct providers of foster care and related services to children and families, shall maintain continuous adequate general liability coverage in accordance with §409.993, F.S. The Lead Agency, and its subcontractors that are direct providers of foster care and related services to children and families, shall maintain continuous adequate professional liability insurance coverage, including coverage for abuse and neglect, with the same limits and any other requirements of the statute for general liability insurance. The Lead Agency and all its subcontractors shall maintain continuous adequate non-owned automobile liability coverage in accordance with §409.993, F.S.
All Lead Agency and subcontractor policies of insurance shall be provided by insurers licensed or eligible to do business in Florida and require the insurer to give the Department written notice of any intention to cancel or refuse to renew the policy at least 30 days prior to cancellation or non-renewal.
A.4.2.1.2. The Lead Agency shall provide, and through contract, require its subcontractors to provide, the Department with Acord® 25 certificates of liability insurance naming the Department as the certificate holder evidencing such insurance to be in full force and effect at all times during the term of this Contract.
Submission of the foregoing shall not operate as acceptance by the Department of the adequacy of such policies to comply with these requirements.
A.4.3. Survival of Terms A.4.3.1. The following is added to 7.4. of the Standard Contract: Given the nature of this Contract, the Lead Agency is expected to have continuing duties that survive the End Date or earlier termination of this Contract. By way of incomplete examples, these duties will most likely include reports (fiscal and programmatic), budgets, audits, and payments.
A.4.4. Federal Law
PCMT-03 3 v.24.1
A.4.4.1. The following provisions are added to 8 of the Standard Contract:
A.4.4.1.1. If the Lead Agency is a federal subrecipient or pass-through entity, the Lead Agency and its subcontractors who are federal subrecipients or passthrough entities, must determine whether or not its subcontracts are being awarded to a "contractor'' or a "subrecipient," as those terms are defined in 2 CFR Part 200. If a Lead Agency's subcontractor is determined to be a subrecipient, the Lead Agency must ensure the subcontractor adheres to all the applicable requirements in 2 CFR Part 200.
A.4.4.1.2. The Lead Agency shall implement a written subrecipient monitoring process for all entities receiving federal funds passed through under this Contract. Monitoring activities shall include, at a minimum, risk assessments, financial, operational and programmatic monitoring, review of audit reports, corrective action tracking, and periodic monitoring reviews in accordance with 2 CFR §200.332.
A.4.5. Bond Requirements A.4.5.1. The Lead Agency shall furnish to the Department a performance bond equal to 2% of the total annual contract amount, excluding pass-through funding.
A.5. RECORDS, AUDITS AND DATA SECURITY
A.5.1. Client Files A.5.1.1. The Lead Agency shall ensure the Department’s immediate access to client files and will supply copies of requested materials within one business day of a request by the Department unless a longer time is agreed upon by both the parties.
A.5.2. Public Records A.5.2.1. The following provisions shall apply in lieu of 5.5.1. of the Standard Contract (entitled “Public Records”).
A.5.2.1.1. The Lead Agency shall allow public access to all documents, papers, letters, or other public records as defined in §119.011(12), F.S. as prescribed by §119.07(1) F.S., made or received by the Lead Agency in conjunction with this Contract except those public records which are made confidential or exempt by law must be protected from disclosure. As required by §287.058(1)(c), F.S., it is expressly understood that the Lead Agency’s failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate this Contract.
A.5.3. Audits and Monitoring A.5.3.1. In addition to the terms of 5.1., the following requirements shall apply to this Contract.
A.5.3.1.1. The Lead Agency shall be monitored in accordance with §402.7305, F.S., and CFOP 75-8, Policies and Procedures of Contract Oversight. The Lead Agency shall comply with any requests made by the Department as part of the conduct of such monitoring. At no cost to the Department, the Lead Agency shall provide complete access to all programmatic, administrative, management, budget and financial information related to services provided under this Contract.
A.5.3.1.2. The Department will provide a written report to the Lead Agency within 30 days of the monitoring team’s exit. If the report indicates corrective action is necessary, the Lead Agency shall provide a proposed corrective action plan for the Department’s approval, except in the case of threat to life or safety of individuals served, in which case the Lead Agency shall take immediate action to ameliorate the threat and associated causes.
A.5.3.1.3. The Lead Agency shall cooperate at all times with the Department to conduct these reviews and shall provide all documentation requested by the reviewers within three business days, unless the Department determines extenuating circumstances exist.
A.5.3.1.4. The Lead Agency shall comply with the Department and its authorized representatives contracted to conduct any operational, programmatic or fiscal audits of the Lead Agency. At no cost to the Department or its authorized representatives, the Lead Agency shall provide the right of access to all programmatic, administrative, operational, financial, budget, and management information deemed necessary by the Department or its authorized representatives to complete the requested audits. This
PCMT-03 4 v.24.1 right also includes timely and reasonable access to the Lead Agency’s personnel for the purpose of interview and discussion related to such documents or this Contract in general. The Lead Agency shall provide any data and information requested by the Department or its authorized representatives as part of these audits within three business days, unless a later submission is expressly authorized by the Department.
A.6. INSPECTIONS, PENALTIES, AND TERMINATION
A.6.1. Financial Penalties for Failure to Take Corrective Action A.6.1.1. The corrective action, financial penalty, and termination provisions set forth in 6.1 are of material importance to the Department’s oversight of Lead Agency performance under this Contract.
The Department may impose financial consequences or pursue other contractual remedies authorized under this Contract or applicable law for noncompliance independent of a corrective action plan.
A.6.1.2. The Financial Penalties outlined in this section apply specifically to the Lead Agency’s failure to implement or make acceptable progress toward a Department-required corrective action plan and are in addition to, and do not limit, the Department’s authority to impose Financial Consequences or other remedies for noncompliance independent of a corrective action plan.
A.6.2. Termination A.6.2.1. This Contract may be terminated without cause by the Department upon no less than 90 days’ notice, and by the Lead Agency upon no less than 180 days’ notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by any delivery service that provides verification of delivery or by hand delivery to the CM or the representative of the Lead Agency responsible for administration of the program. If either party terminates this Contract without cause, that party shall coordinate a transition plan, as described in the “Lead Agency Expiration/Termination Transition Planning Requirements” (Attachment 1, Incorporated Documents) with the other party within 30 days of making such notification. This provision shall not limit the Department’s ability to terminate this Contract for cause according to other provisions herein.
A.6.3. Dispute Resolution A.6.3.1. The parties agree to cooperate in resolving any differences in interpreting this Contract. Each party shall notify the other party of the name, business address and telephone number of that party’s designated representative for dispute resolution purposes. Within five business days from receipt by the designated representative of the other party’s written request for dispute resolution, the representatives will conduct a face-to-face meeting (or telephonic if mutually agreed) to resolve the disagreement. If the representatives are unable to reach a mutually satisfactory resolution, either representative may request referral of the issue to the Lead Agency’s Chief Executive Officer (CEO) and the Assistant Secretary for the Office of Child and Family Well-Being or designee. Upon referral, the CEO and the Department shall confer to resolve the issue.
A.6.3.2. If the Department and CEO are unable to resolve the issue within 10 business days, the matter will be referred to the Secretary or designee, whose decision on the matter will be final. The parties reserve all their rights and remedies under Florida law.
A.7. OTHER TERMS
A.7.1. Third Parties A.7.1.1. This Contract shall not be construed as providing any enforceable right to any third party.
A.7.2. Governance A.7.2.1. Pursuant to §409.987, F.S., the Lead Agency shall be organized as a Florida corporation or a governmental entity with a principal office located in the geographic area served by the Lead Agency.
The Lead Agency shall be governed by a board of directors, or a board committee comprised of board members. The board of directors shall provide oversight and ensure accountability and transparency for the system of care. All policy-making, management, and operational control of a non-governmental
PCMT-03 5 v.24.1
Lead Agency shall be vested in a self-perpetuating Board of Directors or a Committee composed of board members whose membership shall meet the minimum requirements of §409.987(4)(b), F.S., which requires at least 75% of the membership of the board of directors be composed of persons residing in the State of Florida, and at least 51% of the membership of the board of directors composed of persons residing within the service area of the Lead Agency. If a board committee governs the Lead Agency, 100% of its membership must be composed of persons residing within the service area of the Lead Agency.
A.7.2.2. The Lead Agency shall publicly notice all board meetings, maintain listing of board meetings on the Lead Agency’s website, and include all materials presented during the board meeting. In addition, the board shall acknowledge submission of the Lead Agency’s budget, noting a recorded vote and the corresponding materials received and reviewed. The approved budget must be posted on the Lead Agency’s website within 10 days of Department approval. The approved budget must remain posted on the Lead Agency’s website for the duration of the fiscal year for which it accounts for the expenditure of funds.
A.7.2.3. The Lead Agency board of directors shall, at a minimum, annually consult with and solicit meaningful input from individuals with lived experience within the Lead Agency’s catchment area who are currently receiving, or have previously received, services funded or authorized under this Contract.
The Lead Agency may consider providing this as compensated board participation for the lived experience members. The Lead Agency shall ensure that such consultation is structured to allow for substantive input on system performance, service delivery, and policy considerations. The Board shall formally acknowledge receipt of such input and document how the feedback was considered in its deliberations. Documentation of compliance with this requirement, including meeting agendas, minutes, list of invitees and attendees shall be maintained and provided to the Department by December 1 Individuals with lived experience shall include, at a minimum, representation from the following groups:
A.7.2.3.1. Biological parent(s) A.7.2.3.2. Relative, fictive kin and non-relative caregiver(s) A.7.2.3.3. Foster and adoptive parent(s) A.7.2.3.4. Youth and young adult(s) who are or were served by the Lead Agency.
A.7.3. Fiduciary Responsibilities A.7.3.1. The members of the board of directors shall have a fiduciary duty to act in the best interest of the Lead Agency and its stakeholders, and in so doing, they shall adhere to the highest standards of care, loyalty, and good faith.
A.7.3.2. The board of directors shall provide fiduciary oversight to prevent conflicts of interest, promote accountability and transparency, and protect state and federal funding from misuse. The board of directors shall act in accordance with §617.0830, F.S.
A.7.3.3. The directors and officers of the Lead Agency shall have no business or financial ties to the Lead Agency, or to any of the providers that are part of the Lead Agency’s provider network, or any suppliers that result in a personal financial gain to any director or officer.
A.7.3.4. The board of directors shall exercise diligent oversight and approval of the Lead Agency’s annual budget and spending plan. This oversight shall include, but not be limited to, a review and approval process, which may involve meetings, discussions, and analysis of financial data. The board of directors shall ensure the approval process is compliant with §409.987, F.S., and provides for long-term financial stability of the Lead Agency.
A.7.3.5. The board of directors shall exercise sound judgment in their decision-making related to the Lead Agency’s financial and business operations, taking into consideration the Lead Agency’s financial health and viability, direct services to children and families, and overall functioning of the system of care.
A.7.4. Disclosure of Conflicts of Interest
PCMT-03 6 v.24.1
A.7.4.1. The board of directors shall disclose any known actual or potential conflicts of interest to the Department.
A.7.4.2. Each member of the board of directors shall promptly disclose, in writing, any potential conflicts of interest that they or any related parties, in which they have material interest, may have in connection to the Lead Agency’s business. Such disclosures shall be provided in accordance with §112.3145, F.S., and shall be made to the full board of directors as well as the Contract Manager for this Contract.
A.7.4.3. For any activity that is presented to the board of directors of a Lead Agency for its initial consideration and approval, or any activity that involves a contract that is being considered for renewal, a board member, a director, or an officer of a Lead Agency shall disclose to the board any activity that may reasonably be construed to be a conflict of interest before such activity is initially considered and approved or a contract is renewed by the board of directors. A rebuttable presumption of a conflict of interest exists if the activity was acted on by the board of directors without prior notice as required under this Contract.
A.7.4.4. In the event of a disclosed conflict of interest, the affected board member shall immediately abstain from participating in discussion and decisions related to the matter in which the conflict exists.
Furthermore, the board of directors, as a whole, shall take appropriate measures to ensure that the conflicted members are not involved in any way in determination of any Lead Agency business for which the conflict exists.
A.7.4.5. The board of directors is also responsible for following the procedure outlined in §409.987(7), F.S., including a vote per §409.987(7)(c)2., F.S., to approve or disapprove of the activity for which a conflict may exist.
A.7.5. Related Party Transactions and Conflict of Interest A.7.5.1. A Lead Agency may not enter into a contract or be a party to any transaction with related parties if a conflict of interest is not properly disclosed. The Lead Agency shall disclose any known or potential conflicts of interest to the Department. In accordance with §409.987(7)(a)3, F.S., Lead Agencies that hold more than one Lead Agency contract with the Department may request an exemption from the Department for specific related party requirements.
A.7.5.2. The Lead Agency’s board of directors shall establish uniform and consistent policies to address procurement requirements for any related party transactions which include, at a minimum, the prohibition of any conflicts of interest among the Lead Agency, its staff, its board of directors, and its subcontractors.
A.7.5.3. A Lead Agency may not enter into a contract with a related party for officer-level or director-level staffing to perform management functions as defined in this Contract.
A.7.5.4. A Lead Agency may subcontract with a related party for the following administrative functions:
A.7.5.4.1. Human Resources A.7.5.4.2. Information Technology A.7.5.4.3. Payroll and Accounting Services A.7.5.4.4. Legal Services A.7.5.5. Subject to the requirements of this section of the Contract, the Lead Agency may enter into a contract or be a party to any transaction with related parties as long as the fee, rate, or price paid by the Lead Agency for the commodities or services being procured does not exceed the fair market value for such commodities or services.
A.7.5.6. Through execution of this Contract, the Department considers all employees of the Lead Agency to be in positions of public trust, and therefore all employees, including executive employees and members of the board of directors, shall maintain standards of conduct in accordance with §112.313(2)-(3) and (7), F.S.
PCMT-03 7 v.24.1
A.7.6. Financial Consequences for Undisclosed Conflicts of Interest A.7.6.1. Failure to disclose a conflict of interest as required in A.7.4. and A.7.5. of this Contract shall result in the imposition of Financial Consequences as outlined in E.7., Financial Consequences & Financial Penalties.
A.7.6.2. The Lead Agency shall be required to reprocure a contract that was executed for which a conflict of interest was not disclosed to the Department as required by this Contract.
A.7.6.3. The Department shall recoup from the Lead Agency expenses related to a contract that was executed without disclosure of a conflict of interest.
A.7.7. Training Requirements A.7.7.1. Onboarding Training A.7.7.1.1. The Lead Agency shall ensure that board members participate in the following onboarding training at a minimum and thereafter as determined appropriate by the Lead Agency. Onboarding training requirements include Department required annual training referenced in A.7.7.2.
A.7.7.1.1.1. Governance and Ethics A.7.7.1.1.1.1. Understanding the organization’s mission, vision, and values.
A.7.7.1.1.1.2. Legal obligations and overview of relevant laws (e.g., Lead Agency responsibilities in Chapter 409, F.S.).
A.7.7.1.1.1.3. Government in the Sunshine and Public Record Requirements A.7.7.1.1.1.4. Roles and responsibilities of board members, officers, and committees as prescribed in §409.987, F.S.
A.7.7.1.1.1.5. Code of ethics and conduct.
A.7.7.1.1.1.6. Best practices in governance to ensure transparency, accountability, and integrity.
A.7.7.1.1.1.7. Conflicts of interest, including identification, disclosure, and management.
A.7.7.2. Annual Training A.7.7.2.1. In accordance with §409.987(4)(b), F.S., the Lead Agency shall ensure that board members participate in Department required annual training related to their responsibilities. Training may be provided by the Lead Agency or an approved third-party vendor and must at a minimum include the following:
A.7.7.2.1.1. Financial Literacy Oversight A.7.7.2.1.1.1. Risk management and financial sustainability. Board members shall receive training on identifying, evaluating, and overseeing financial and operational risks and the organization’s financial sustainability, including interpretation of budgets, cash flow, and expenditure trends to ensure resources support ongoing, uninterrupted service delivery.
A.7.7.2.1.1.2. Compliance with financial reporting requirements.
A.7.7.2.1.1.3. Prevention and detection of financial fraud, waste, and abuse.
A.7.7.3. Overview of the Child Welfare System A.7.7.3.1. Oversight responsibilities of the Department including expectations related to ongoing monitoring and reporting requirements.
A.7.7.4. Strategic Planning A.7.7.4.1. Developing and updating the organization’s strategic plan.
A.7.7.4.2. Aligning organizational goals with the mission.
A.7.7.4.3. Monitoring progress and adjusting strategies, as needed.
A.7.7.4.4. Identifying opportunities and mitigating risks.
A.7.7.4.5. Ensuring quality of care and services provided by the agency.
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A.7.7.4.6. Developing and implementing emergency response plans, including identifying roles of board members during crises or disasters.
A.8. FEDERAL FUNDS APPLICABILITY
A.8.1. The Lead Agency and its subcontractor(s) shall comply with all applicable federal and state laws, rules, and regulations as amended from time to time, that affect the subject areas of the contract, whether or not explicitly referenced herein.
A.9. CLIENT SERVICES APPLICABILITY
A.9.1. The Lead Agency shall comply with all applicable terms related to the provision of services under this Contract for clients designated in B.4.
A.10. PROPERTY
A.10.1.1. The Lead Agency shall comply with all applicable state and federal laws, regulations, and guidance governing the acquisition, use, management, control, inventory, maintenance, and disposition of property purchased in whole or in part with funds provided under this Contract, including 2 CFR §§ 200.310-200.316, as may be amended.
A.10.1.2. The Lead Agency shall maintain effective control over and accountability for all such property and shall adequately safeguard all property to prevent loss, damage, or theft. At a minimum, the Lead Agency shall:
A.10.1.2.1. Maintain property records containing a description of the property, serial number or other identification number, funding source, title holder, acquisition date, cost, percentage of federal participation, location, use, condition, and disposition information;
A.10.1.2.2. Conduct and document a physical inventory of property at least once every two years, reconcile the results with property records, and resolve any discrepancies;
A.10.1.2.3. Establish and maintain adequate maintenance procedures to keep property in good condition;
A.10.1.2.4. Obtain prior written approval from the Department before selling, transferring, disposing of, or encumbering property when required by state or federal law;
A.10.1.2.5. Ensure that property is used solely for authorized program purposes during the period of performance or useful life, as applicable; and A.10.1.2.6. Comply with all federal and state disposition requirements, including reimbursement obligations related to the federal or state share of property proceeds or fair market value.
A.10.1.3. Title to property acquired under this Contract shall vest in accordance with applicable federal and state law and the terms of this Contract. Upon termination or expiration of the Contract, the Department may require transfer, disposition, or return of property in accordance with written instructions provided by the Department.
A.11. AMENDMENT IMPACT
A.11.1. There are no additional provisions to this section of the Standard Contract.
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EXHIBIT B – SCOPE OF WORK
B.1. SCOPE OF SERVICE
B.1.1. The Lead Agency shall deliver a comprehensive array of child protection and child welfare services as defined in §409.986 and §409.988, F.S., to children and families in the geographic area described in B.3.1., while ensuring each child’s safety, well-being and permanency.
The Lead Agency shall conduct all activities supported by this Contract in accordance with the Department’s Request for Proposals, and its response. Both Request for Proposals and the response are hereby incorporated by reference and shall be maintained in the Lead Agency’s and the Department’s official files. The Contract shall control in the event of any conflict with the response.
B.2. MAJOR CONTRACT GOALS
B.2.1. In accordance with §409.986(1)(a), F.S., it is the intent of the Legislature that the Department of Children and Families provide child protection and child welfare services to children through contracting with community-based care Lead Agencies. It is the further intent of the Legislature that communities have responsibility for and participate in ensuring safety, permanence, and well-being for all children in the state. It is the goal of the department to protect the best interest of children by achieving the outcomes stated in §409.986(2), F.S., in conjunction with the community-based care Lead Agency, community-based subcontractors, and the Community Alliance. A community-based Lead Agency must perform the services in a manner that provides services in the least restrictive, most family-like setting appropriate for the child’s clinical and behavioral needs, which reduces the number of moves a child or youth must make while in care, and engages communities to assist children and youth in achieving safety, permanency, and well-being, specifically the service objectives inherent in the following quality indicators:
B.2.1.1. Children are safe in their placements B.2.1.2. Children are placed in their home communities B.2.1.3. Children are appropriately served in the least restrictive environment, appropriate for their clinical and behavioral needs, that support minimal moves for the child B.2.1.4. Connections to the family and others important to the child are maintained, whenever safe to do so B.2.1.5. Children are placed with their siblings, whenever safe to do so B.2.1.6. Children remain in their school of origin, whenever possible B.2.1.7. To be fully prepared for a successful transition to adulthood, children and youth are provided opportunities and experiences to promote independence and attainment of life skills B.2.1.8. Children and youth are provided opportunities and activities similar to those experienced by their non-foster care peers.
B.2.1.9. Children and youth are provided opportunities to participate in decisions that impact their lives B.2.1.10. Frequent and quality family engagement to encourage, support, and promote reunification of children with the biological parents of the children, whenever possible and safe to do so B.2.1.11. Promotion of the placement of children with relative, fictive kin and non-relative caregivers.
B.2.1.12. Recruitment and support for quality foster parents B.2.1.13. Recruitment and support for quality adoptive parents B.2.2. The Lead Agency shall make every reasonable effort to deliver a comprehensive array of services that are evidence-based, trauma-informed, and aligned with the Department’s statutory mission to ensure the safety of children, promote permanency, and support the well-being of families in accordance with Chapter 39, F.S. The service array shall include, at a minimum:
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B.2.2.1. Prevention services to prevent children from entering foster care. These services shall focus on strengthening families and mitigating risk factors that may otherwise result in removal and may include but are not limited to services through the faith-based community, not-for-profits, and evidence-based services. The Lead Agency shall pursue opportunities to leverage community partnerships, not-for-profit organizations, faith-based organizations, and external funding sources to support the development and sustainability of prevention services within the service array.
B.2.2.2. Family Support Services for in-home cases in which there is a high or very high risk of future maltreatment. Family Support Services shall provide targeted interventions to stabilize families experiencing elevated safety risks. Services shall be designed to reduce recurrence of maltreatment, enhance protective capacities, and ensure children remain safely with their families.
B.2.2.3. Safety Management and Family Preservation Services for in-home cases. These services shall address active safety threats through structured safety planning, intensive in-home supports, and continuous monitoring.
B.2.2.4. Placement services for out-of-home care. Placement services shall ensure children who cannot safely remain at home are placed in safe, stable, and least restrictive settings that meet their individual needs. The Lead Agency shall prioritize placement stability, sibling connections, proximity to home communities, and continuity of education and health care, while pursuing timely permanency.
B.2.2.5. Youth and Young Adult Transition Services (including Extended Foster Care, Aftercare, and Postsecondary Education Services and Support). Transition services shall prepare youth for successful adulthood through education, employment readiness, housing stability, life skills development, transition planning and supportive connections. In addition, services extend to post 18 years of age and include programs to transition young adults to a developmentally appropriate level of sufficiency consistent with their abilities. Focus shall be placed on outcomes for young adults to include improving financial self-sufficiency, reducing experiences with homelessness, improving educational attainment, ensuring positive connections, supporting job readiness and attainment, reducing high-risk behaviors, and ensuring access to health insurance and other necessary resources essential for success. The Lead Agency shall ensure timely access to medical, dental, mental health, educational stability, and supportive transition services to promote resilience and long-term success. All transition services shall be provided through a trauma-informed lens.
B.2.2.6. Reunification services. Reunification services shall focus on addressing the conditions that led to removal, strengthening parental protective capacities, and facilitating safe and timely return of children to their families when appropriate. Reunification is the preferred permanency outcome when it can be achieved safely and in a manner consistent with the child’s health and well-being.
B.2.2.7. Adoption services. Adoption services shall promote timely permanency for children who cannot be safely reunified with their families. Services shall include timely preparation of families for adoption when the family is identified as a prospective adoptive placement for a specific child(ren), recruitment of adoptive families for children without an identified prospective adoptive placement, preparation of children for adoption, including but not limited to early identification of emerging behavioral, developmental, or mental health needs, connecting children to adoption-competent services, training and support for current and prospective adoptive parents, providing other services as needed to support the child, and providing ongoing support for adoptive families. Post-Adoption Services. Post-adoption services shall promote the long-term stability and well-being of children and families following adoption finalization. The Lead Agency shall deliver a continuum of post-adoption services that are evidence-based, trauma-informed and accessible to adoptive families throughout the child’s minority, and where applicable, throughout the transition to adulthood.
B.2.2.8. Guardianship Assistance. These services shall support permanency through permanent guardianship arrangements when reunification or adoption is not appropriate. These services shall preserve stable family connections and provide financial and supportive resources necessary to sustain permanency.
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B.2.3. SERVICE AREA/LOCATIONS/TIMES
B.2.3.1. Geographic Service Area - Services shall be provided in Pasco & Pinellas counties. As provided in Rule 65C-30.018, Florida Administrative Code (F.A.C.), out-of-county services will be provided as agreed between contracted service providers and shall be provided expeditiously without delay upon notification of a child or family residing in a county outside of the Lead Agency’s catchment area (Attachment 1, Incorporated Documents).
B.2.3.2. Services under this Contract shall be provided 24 hours per day, seven days a week.
B.3. CLIENTS TO BE SERVED
B.3.1. Services are provided to children and families who need prevention services designed to prevent the removal of children from their home of origin, family support services, family preservation and safety management services for families considered high or very high risk for removal of a child, out-of-home care, in-home supervision, independent living, case management services and out-of-home care placements, reunification services, services and supports for foster and adoptive families, guardianship assistance, adoption services and post-adoption services. Clients who qualify for services under this Contract shall be determined in accordance with the provisions of: Chapters 39, 63, 402 and 409, F.S., and Rules 65C-15 through 65C-17, 65C-27 through 65C-30, 65C-33, 65C-35, 65C-38, and 65C-41 through 65C-46, F.A.C., and Titles IV-B and IV-E of the Social Security Act. The Department shall make the final determination as to client eligibility for services. In the event of any disputes regarding client eligibility, dispute resolution, as described in A.6.3., shall be implemented.
B.4. CLIENT ELIGIBILITY/CLIENT DETERMINATION
B.4.1. In accordance with §409.988(1)(a), F.S., the Lead Agency shall serve all children referred as a result of a report of abuse, neglect, or abandonment to the Department’s central abuse hotline, including, but not limited to, children who are the subject of verified reports and children who are not the subject of verified reports but who are at moderate to extremely high risk of abuse, neglect, or abandonment, as determined using the department’s risk assessment instrument, regardless of the level of funding allocated to the Lead Agency by the state if all related funding is transferred. The Lead Agency may also serve children through prevention services not contingent upon a child protective investigation or formal risk scoring that may include community-based children through existing continuums such as but not limited to parents/caregivers requesting assistance, local review teams, and community resource centers.
B.5. EQUIPMENT
B.5.1. The Lead Agency shall comply with requirements related to the nonexpendable property obtained or transferred for services under this Contract as addressed in the “Lead Agency Tangible Personal Property Requirements” (Attachment 1, Incorporated Documents).
B.6. CONTRACT LIMITS
B.6.1. Mitigating Financial Risk to The Lead Agency B.6.1.1. The Community-Based Care Risk Pool established by §409.990(8), F.S., is used to mitigate the financial risk to eligible Lead Agencies.
B.6.1.2. If the Lead Agency requests additional funding (from Community-Based Care Risk Pool funds or other budgetary process) either in excess of 5% of its current annual funding or for two consecutive years, as a precondition for receipt of the funding, an audit may be required. The Lead Agency shall be required to comply with an audit performed by an independent firm chosen and paid for by the Department to evaluate the effectiveness of internal controls and efficient use of the organization’s funding in performing the duties of this Contract. The Department has the sole discretion to identify additional circumstances for when a financial audit is necessary, including but not limited to, concerns from the Risk Pool Committee or the Lead Agency’s failure to maintain its financial viability.
B.6.1.3. The Lead Agency is expressly prohibited from authorizing or incurring indebtedness on behalf of the Department.
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B.6.1.4. In accordance with §409.992(3), F.S., Lead Agency administrative employees may not receive a salary, whether base pay or base pay combined with any bonus or incentive payments, in excess of 150% of the annual salary paid to the Secretary of the Department from state-appropriated funds, including state-appropriated federal funds. This limitation applies regardless of the number of contracts a community-based care Lead Agency may execute with the Department. This subsection does not prohibit any party from providing cash that is not from appropriated state funds to a community-based care Lead Agency administrative employee.
B.6.1.4.1. In accordance with 7.13, the Lead Agency shall complete the Executive Compensation Annual Report (Form PCMT-08) located at https://www.myflfamilies.com/general-information/contracted-client-services/library and return it to the Department annually, on or before May 1 for the current fiscal year. This submission shall include the relevant 990 forms. Any additional supporting documentation requested must be provided by the Lead Agency to the Department within three business days of request or financial penalties shall apply as outlined in 6.1.
B.6.1.4.2. The Lead Agency shall provide annually to the Department on or before October 1, for the preceding fiscal year, payroll records from their payroll system for the highest paid administrative employee whose salary was charged, in whole or in part, to any contract with the Department.
B.6.1.4.2.1. Pursuant to § 409.992(3), F.S., a Lead Agency administrative employee, including a Chief Executive Officer (CEO), may not receive a salary in excess of 150% of the Department of Children and Families Secretary’s annual salary, from state-appropriated funds, including state-appropriated federal funds. This limit applies to the aggregate compensation funded by state-appropriated funds across all Community Based Care contracts held by the Lead Agency, regardless of the number of such contracts. The Lead Agency shall not allocate, distribute, or attribute compensation across multiple contracts for the purpose of avoiding or circumventing this limitation.
B.6.1.4.2.2. For purposes of this section, “total compensation” includes all compensation elements funded by state-appropriated funds, including, but not limited to salary (regular, overtime, and retroactive pay), bonuses, incentives, allowances, deferred compensation, employer-paid benefits, insurance, taxes, and any other form of remuneration or financial benefit.
B.6.1.4.2.3. Upon request, the Lead Agency shall provide documentation sufficient to demonstrate compliance with this section, which may include: payroll records and general ledger detail, funding source identification (state, federal, non-state), allocation schedules showing how compensation funded by state-appropriated funds was determined, and time distribution records or other reasonable support, if applicable.
B.6.1.4.2.4. The Department may request clarification or additional supporting documentation sufficient to demonstrate compliance with this subsection, including records reflecting how compensation funded by state-appropriated funds was determined and distributed. The Lead Agency shall respond to the Department within two business days.
B.6.1.4.2.5. If the Department identifies potential noncompliance, the Department shall provide written notice describing the concern. The Lead Agency shall have five business days to respond and, if applicable, propose a corrective action plan. The Department shall consider the response in good faith prior to making a final determination.
B.6.1.4.2.6. If noncompliance is confirmed, remedies may include disallowance or recoupment of state-appropriated funds paid in excess of the statutory limitation, required corrective action, or other contract remedies as authorized, provided such remedies are proportionate to the noncompliance.
B.6.1.4.2.7. Subcontracting Limitations B.6.1.5. The Lead Agency shall not subcontract for any services allowable under this Contract with any person or entity which:
B.6.1.5.1. Has had a contract terminated by the Department for failure to satisfactorily perform or for cause;
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B.6.1.5.2. Has failed to implement a corrective action plan approved by the Department or any other governmental entity, after having received due notice;
B.6.1.5.3. Is ineligible for contracting pursuant to the standards in §215.473(2), F.S.
B.6.1.6. The Lead Agency’s procurement policies and procedures shall include processes for competitive procurement, market testing, provider outreach, and documentation demonstrating good faith efforts to identify and solicit qualified providers in accordance with applicable provisions of Chapter 287 and Chapter 409, F.S.
B.6.2. Compliance with All State Laws and Rules and Federal Laws and Regulations B.6.2.1. The Lead Agency will comply with, and ensure that all its subcontractors comply with, all state laws and rules, federal laws and regulations, Department Operating Procedures (CFOPs) or Department-approved Lead Agency policies and procedures, Department policy memos, and Practice Guidelines, as they may be promulgated or amended. A partial list is available within the “Lead Agency Authority and Requirements Reference Guide ” (Attachment 1, Incorporated Documents). The Lead Agency has an obligation to identify and understand all state laws and rules, federal laws and regulations, and Department CFOPs. Department policy memos will be issued through the CM to the Lead Agency’s designated official point of contact.
B.6.3. Policies and Procedures B.6.3.1. The Lead Agency shall develop and shall maintain policies and procedures to execute duties under the resulting contract. Policies and procedures developed by the Lead Agency must be at least as restrictive of those included in any Department or federal statute, rule, or regulation. The Department will respond to the Lead Agency’s request for policy approval within a reasonable time period in support of Lead Agency continuity of operations. Department-approved Lead Agency policies and procedures will be valid for the term of this Contract, updating as necessary to align with changes in statute, rule, or operating procedures. The Lead Agency shall submit, upon request, policies and procedures to the Department within five business days of the request.
B.6.3.2. The Lead Agency must annually provide written and published operating procedures determined by the Department that detail timelines and procedures to maximize the use of concurrent case planning, minimize the time to complete preliminary and final adoptive home studies, streamline data entry into the statewide child welfare information system, and policies related to permanency.
B.6.4. Pending Litigation B.6.4.1. The Department will consult with the Lead Agency regarding pending lawsuits that may affect services under this Contract but will have no obligation to the Lead Agency to undertake or change any position in any case. The Lead Agency shall comply with any requirements imposed by an applicable court order or settlement related to such lawsuits. Verified increases in costs resulting therefrom may be considered, at the discretion of the Department, under B.7.1. The Lead Agency will notify the Department of all lawsuits related to this Contract or services, within three business days of receipt of service. Thereafter, the Lead Agency shall provide status updates regarding such lawsuits every 30 days therefrom until resolution of the suit.
B.6.5. Receivership B.6.5.1. The Department may petition a court of competent jurisdiction for the appointment of a receiver for a community-based care Lead Agency in accordance with §409.994, F.S.
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EXHIBIT C – TASK LIST
The Lead Agency shall perform all functions necessary for the effective delivery of services including, but not limited to, conducting person and family-centered assessments and developing individualized service plans, ensuring timely access to and availability to a full continuum of interventions, promoting coordination and…
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