CN-680000-HQA27-A1.pdf

AHCA CONTRACT NO. HQA027

AMENDMENT NO. 1

AHCA Contract No. HQA027, Amendment No. 1, Page 1 of 2 April 2020

THIS CONTRACT, entered into between the STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, hereinafter referred to as the "Agency" and COMAGINE HEALTH, hereinafter referred to as the "Vendor," is hereby amended as follows:

1. Standard Contract, Section III., THE VENDOR AND AGENCY HEREBY MUTUALLY

AGREE, Sub-Section B., Contract Managers, Item 1., is hereby amended to now read as follows:

1. The Agency’s Contract Manager’s contact information is as follows:

Cruz Conrad Agency for Health Care Administration 2727 Mahan Drive, MS# 16 Tallahassee, Florida 32308

(850) 412-3766 Cruz.Conrad@ahca.myflorida.com

2. Attachment I, Scope of Services, Exhibit A, Deliverables and Performance Standards, is hereby deleted in its entirely and replaced with Exhibit A-1, Revised Deliverables and Performance Standards, as follows. All references in this Contract to Exhibit A, shall hereinafter refer to Exhibit A-1.

3. Attachment V, IRS Form 990 and Total Executive Compensation Reporting

Requirements is hereby incorporated into this Contract.

All provisions not in conflict with this Amendment are still in effect and are to be performed at the level specified in this Contract.

This Amendment and all its attachments are hereby made a part of this Contract.

This Amendment cannot be executed unless all previous Amendments to this Contract have been fully executed.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DocuSign Envelope ID: B7154A8B-8502-4234-A05B-D12B62AFEB02 mailto:Cruz.Conrad@ahca.myflorida.com

AHCA CONTRACT NO. HQA027

AMENDMENT NO. 1

AHCA Contract No. HQA027, Amendment No. 1, Page 2 of 2 April 2020

IN WITNESS WHEREOF, the Parties hereto have caused this thirteen (13) page Amendment to be executed by their officials thereunto duly authorized. This Amendment is not valid until signed and dated by both Parties.

COMAGINE HEALTH STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION

SIGNED

BY:

SIGNED

BY:

NAME: NAME:

TITLE: TITLE:

DATE: DATE:

List of Attachments included as part of this Amendment:

Specify Letter/ Type Number Description Attachment I Exhibit A-1 Revised Deliverables and Performance Standards

(10 Pages)

Attachment V IRS Form 990 and Total Executive Compensation Reporting Requirements

Juliana Preston

Chief Operating Officer

5/24/2022

Secretary

Simone Marstiller

5/24/2022

ATTACHMENT I

EXHIBIT A-1

DELIVERABLES AND PERFORMANCE STANDARDS

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 1 of 10

DELIVERABLE

Project Implementation

SUPPORTING DOCUMENTATION

Documentation may include a combination of items, including but not limited to:

a. The Finalized Implementation Plan with identified milestones;

b. Project Management Plan with detailed project schedule identifying phases, key tasks and sub tasks, associated milestones and deliverables;

c. Requirements Gathering Formal Documentation;

d. Items or documents created during identified milestone or phases identified in the Implementation Plan, such as, mockups, wireframes, screen shots, etc.;

e. Copy of Initial Software Licenses and Bill of Materials, if applicable; f. Requirements Traceability Matrix; and g. Formally Documented Requirements Gathering;

The Agency reserves the right to request additional documentation in efforts to support assessment of Vendor performance. Acceptance will be based on material meeting the Agency’s identified need of content.

DUE DATE(S)

The Deliverable and related documentation shall be due no later than thirty (30) business days after contract execution. Any updates shall be due no later than three (3) business days after an Agency decision point or approved change is made, for the entirety of this Contract.

AMOUNT

Total Payment for this Deliverable shall not exceed $47,952.00 which shall be expended in Year 1 of this Contract. The Deliverable shall be invoiced at the end of the quarter in which service is rendered. Quarters shall be from July to September, October to December, January to March, and April to June.

PERFORMANCE STANDARDS

The deliverable shall be performed according to Attachment I, Scope of Services, no later than the due date established in this Contract. Performance is calculated by totaling the number of business days between the agreed upon due date(s) and the date the deliverable is accepted by the Agency.

FINANCIAL CONSEQUENCES

$200.00 for each business day the deliverable is overdue per invoice period (monthly, quarterly, yearly, etc.)

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 2 of 10

DELIVERABLE

Project Management

SUPPORTING DOCUMENTATION

Documentation may include a combination of items, including but not limited to:

a. The Project Management Plan with detailed project schedule identifying phases, key tasks and sub tasks, associated milestones and deliverables;

b. Project Management Plan Updates with noted Agency decision points or approved changes;

c. Requirements Gathering Formal Documentation;

d. Copies of requested presentations or reports; and

e. Meeting Agendas.

The Agency reserves the right to request additional documentation in efforts to support assessment of Vendor performance. Acceptance will be based on material meeting the Agency’s identified need of content.

DUE DATE(S)

The Project Management Plan and related documentation shall be due no later than sixty (60) business days after contract execution.

Project Management Plan Updates shall be due no later than three (3) business days after an Agency decision point or approved change is made, for the entirety of this Contract.

AMOUNT

Total Payment for this Deliverable shall not exceed $642,083.83 for this Contract. The Deliverable shall be invoiced quarterly at the end of the quarter in which service is rendered. Quarters shall be from July to September, October to December, January to March, and April to June.

Payments shall be as noted below:

Year 1: Shall have one (1) payment for $302,083.83.

Year 2: shall have four (4) quarterly payments of $21, 250.00, totaling $85,000.00.

Year 3: shall have four (4) quarterly payments of $21, 250.00, totaling $85,000.00.

Year 4: shall have four (4) quarterly payments of $21, 250.00, totaling $85,000.00.

Year 5: shall have four (4) quarterly payments of $21, 250.00, totaling $85,000.00.

PERFORMANCE STANDARDS

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 3 of 10

a. Project Management shall be provided according to Attachment I, Scope of Services.

b. The Project shall not run behind schedule more than five business (5) days of the approved milestone or phase completion date noted in the Agency approved Project Schedule.

c. Updates to the project management plan shall be made in not more than three (3) business days after the Agency has provided approval.

For all Performance Standards noted above, Performance is calculated by totaling the number of business days between the agreed upon due date(s) and the date the deliverable is accepted by the Agency.

FINANCIAL CONSEQUENCES

a. $200.00 per day for each business day the project management plan is not provided or business day the project management plan is not updated as required by this Contract.

b. $500.00 per day for each business day the project does not meet an approved milestone or phase completion date.

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 4 of 10

DELIVERABLE

Analytic Services (For tracking and payment purposes, this Deliverable is to be broken out by phases and/or milestones, and service as identified by the Vendor.)

a. Items or documents created during identified milestone or phases identified in the Implementation Plan, such as, mockups, wireframes, screen shots, etc.;

b. Production Readiness Review and User Acceptance Testing documentation with Agency Sign-off;

c. Copy of Initial Software Licenses and Bill of Materials, if applicable;

d. Requirements Traceability Matrix;

e. Milestone listing with initial due dates and actual dates milestones were met;

f. Formally Documented Requirements Gathering;

g. Dashboards Screen Shots or “hardcopy stills” with summarization of any updates (if applicable), and Agency Sign-off; and

h. A copy of Reporting Packages, tables and visuals; or any items that describe their design and build, as well as any updates with summarization and Agency sign-off.

DUE DATE(S)

The Deliverable and any items or documents created during each identified milestone or phase shall be due no later than three (3) business days after each milestone or phase completion date established in the Project Management Plan.

AMOUNT

Total Payment for this Deliverable shall not exceed $571,805.00 which shall be invoiced in Year 1 of this Contract. The deliverables shall be provided according to Attachment I, Scope of Services, and shall not be delayed in meeting milestones or phases established in the Project Management Plan.

PERFORMANCE STANDARDS

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 5 of 10

a. The deliverable shall be provided according to Attachment I, Scope of Services, and shall not be delayed in meeting milestones or phases established in the Project Management Plan.

b. Analytic Tool shall be available not less than ninety-five (95) percent of the time, twenty-four (24) hours a day, seven (7) days a week, excluding Agency approved downtime.

c. Data Replication for all required data, from sources to target, will be replicated with one hundred percent (100%) accuracy.

d. One hundred percent (100%) of Analytic tables and visuals shall be provided to the Agency no later than the approved due dates established in the Project Management Plan.

e. Updates to pre-programed tables and visuals shall be completed in two (2) business days.

f. Database storage, security, and maintenance shall be provided twenty-four (24) hours per day, seven (7) days per week.

g. Security incidents shall be provided to the Agency via written summary for each incident and resolution of all privacy and security incidents, and email notification within one (1) hour of any security breach.

h. Any data or reporting errors will be addressed within three (3) business days of discovery, and initial response and solution provided in one (1) business day of discovery.

For all Performance Standards noted above, Performance is calculated by totaling the number of business days between the agreed upon due date(s) and the date the deliverable is accepted by the Agency.

FINANCIAL CONSEQUENCES

a. $500.00 per day for each business day the project does not meet an approved milestone or phase completion date.

b. $200.00 per calendar day the Analytic Tool is not available for use according to Attachment I, Scope of Services.

c. $1,000.00 per calendar day the Database storage, security, and maintenance is not provided twenty-four (24) hours per day, seven (7) days per week.

d. $200.00 per calendar day any security incidents are not provided to the Agency via written summary for each incident and resolution of all privacy and security incidents, and email notification within one (1) hour of any security breach.

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 6 of 10

DELIVERABLE

Analytic Services, Supporting Information Technology Platform, and Software

a. Copy of Agency Request for the ad hoc Analytic Services and Vendor’s initial response to request;

b. Quarterly Status Report;

c. Copy of ad hoc tables and visuals; and

d. Copy of Agency sign-off for Receipt and Approval.

DUE DATE(S)

Ad hoc, Demand Reporting, tables, and visuals shall be due according to the agreed upon time frame specified in the Agency’s request for Analytic Services, Supporting Information Technology Platform, and Software.

AMOUNT

Total Payment for this Deliverable shall not exceed $731,524.92 for this Contract. The Deliverable shall be invoiced quarterly at the end of the quarter in which service is rendered. Quarters shall be from July to September, October to December, January to March, and April to June.

Payments shall be as noted below:

Year 2: shall have four (4) quarterly payments of $46, 250.00, totaling $185,000.00.

Year 3: shall have four (4) quarterly payments of $46, 250.00, totaling $185,000.00.

Year 4: shall have four (4) quarterly payments of $46, 250.00, totaling $185,000.00.

Year 5: shall have four (4) quarterly payments of $44, 131.23, totaling $176,524.92.

PERFORMANCE STANDARDS

a. The deliverable shall be provided according to Attachment I, Scope of Services, Item 4. Analytic Services, Supporting Information Technology Platform, and Software section.

b. Vendor shall complete one hundred percent (100%) of ad hoc reporting in within the time agreed to by the Agency.

c. Data or analytic errors will be addressed by an initial response within one (1) business day of discovery.

d. Data or analytic errors will be resolved in not more than three (3) business days of discovery, unless otherwise agreed to in writing by the Agency.

Performance is calculated by totaling the number of business days between the agreed upon due date(s) and the date the deliverable is accepted by the Agency.

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 7 of 10

$300.00 for each business day the deliverable is overdue, not provided to the Agency by the agreed upon timeframe, or is deemed unacceptable by the Agency due to unresolved data or reporting errors.

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 8 of 10

DELIVERABLE

Maintenance and Ongoing Updates

a. Copy of Software Licenses;

b. Maintenance Schedule with completion dates and listing of related completed updates; and

c. User Acceptance Testing formal documentation with Agency Sign-off.

The Agency reserves the right to request additional documentation in efforts to support assessment of Vendor performance. Acceptance will be based on material meeting the Agency’s identified need of content.

DUE DATE(S)

Deliverable and any supporting documentation shall be due no later than three (3) days after the end of the quarter in which service is rendered.

AMOUNT

Total Payment for this Deliverable shall not exceed $120,000.00 for this Contract. The Deliverable shall be invoiced quarterly at the end of the quarter in which service is rendered. Quarters shall be from July to September, October to December, January to March, and April to June.

Payments shall be as noted below:

Year 2: shall have four (4) quarterly payments of $7,500.00, totaling $30,000.00.

Year 3: shall have four (4) quarterly payments of $7,500.00, totaling $30,000.00.

Year 4: shall have four (4) quarterly payments of $7,500.00, totaling $30,000.00.

Year 5: shall have four (4) quarterly payments of $7,500.00, totaling $30,000.00.

PERFORMANCE STANDARDS

For all Performance Standards noted above, Performance is calculated by totaling the number of business days between the agreed upon due date(s) and the date the deliverable is accepted by the Agency.

$200.00 for each business or calendar day the deliverable is overdue.

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 9 of 10

DELIVERABLE

Customer Service

a. Copies of developed training material(s), and their updates, dates for training and listing of Agency attendees for training; and

b. Customer Service contact logs with customer name, date received, date(s) responded, and summarized subject matter.

Materials will be evaluated based on accuracy, formatting, relevance, and dissemination method. Acceptance will also be based on the material meeting the Agency’s identified need of content and frequency.

DUE DATE(S)

Documentation shall be due no later than seven (7) business days after the end of the month in which service is provided.

AMOUNT

Total Payment for this Deliverable shall be $3,159.17 which shall be expended in Year 1 of this Contract, and shall be invoiced at the end of the quarter in which service is rendered. Quarters shall be from July to September, October to December, January to March, and April to June.

PERFORMANCE STANDARDS

a. Initial response to Customer Service inquiries shall not exceed one (1) business day.

b. Responses to follow-up customer service requests shall not exceed the agreed upon delivery time.

c. User Guide shall be updated no later than two (2) business days of an Agency approved change.

d. Agency Training Manual shall be updated no later than two (2) business days after an agency approved change.

Performance is calculated by totaling the number of business days between the agreed upon due date(s) and the date the deliverable is

$100.00 for each business or calendar day the deliverable is overdue.

AHCA Contract No. HQA027, Attachment I, Exhibit A-1, Page 10 of 10

DELIVERABLE

Project Close Out/Transition

a. Accomplishments based on milestones and goals outlined in the Implementation Plan;

b. Lessons Learned Report; and

c. Transition Plan with steps on continuing to provide the Analytics Services.

Acceptance will be evaluated based on accuracy, formatting, relevance, and based on the material meeting the Agency’s identified need of content and frequency. The Agency reserves the right to request modification of the deliverables, as deemed necessary by the Agency, prior to their approval.

DUE DATE(S)

Lessons Learned Report and Transition Plan shall be provided to the Agency not sooner than ninety (90) business days prior to the Contract end date and no later than thirty (30) business days prior to the Contract end date.

AMOUNT

Total Payment for this Deliverable shall not exceed $8,475.08, and shall be expended in Year 5 of this Contract, and shall be invoiced at the end of the quarter in which service is rendered. Quarters shall be from July to September, October to December, January to March, and April to June.

PERFORMANCE STANDARDS

a. Vendor shall complete Deliverable within the time agreed to by the Agency.

b. Lessons Learned Report shall have less than ten (10) grammatical errors and misspelled words discovered after turn in to Agency.

c. Vendor shall meet one hundred percent (100%) of milestones noted in the Transition Plan.

Performance is calculated by totaling the number of business days between the agreed upon due date(s) and the date the deliverable is

$500.00 per day for each business day the project does not meet an approved milestone or phase completion date.

ATTACHMENT V

IRS FORM 990 AND TOTAL EXECUTIVE COMPENSATION

REPORTING REQUIREMENTS

AHCA Contract No. HQA027, Attachment No. V, Page 1 of 1

The Vendor shall submit to the Agency an annual report, including the most recent IRS Form 990, detailing the total compensation for each member of the Vendor’s executive leadership teams.

Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. In addition, Vendor must inform the Agency of any changes in total executive compensation between the annual reports within sixty (60) days of any change taking effect. All compensation reports must indicate what percent of compensation comes directly from the State and/or Federal allocations-to the Vendor.

The annual report must be submitted to the Agency’s Contract Manager and emailed to CATS.Help@ahca.myflorida.com within one hundred and eighty (180) calendar days after the end of the Vendor’s tax year. This requirement shall survive the Contract end date until the final annual report is submitted to the Agency, and the Agency has provided written acceptance of the final annual report. If the Vendor fails to submit the annual report, the Agency will impose liquidated damages, as specified below in Table 1, Performance Standards and Liquidated Damages.

TABLE 1

PERFORMANCE STANDARD AND LIQUIDATED DAMAGE

Performance Standard Requirement Liquidated Damages to be Imposed

Executive Order Number 20-44 Annual Report

The Vendor shall submit an annual report that meets the requirements of this Attachment V of the Contract.

$100.00 per day for each day past the due date until the annual report is submitted to the Agency.

mailto:CATS.Help@ahca.myflorida.com

Attachment V_IRS Form 990 and Annual Reporting Requirements_Final_05.19.2021