CN-680000-ME219-A3.pdf

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Master Agreement FL|80111502-19-1|ME219|863a259a858ea436281773348ba73347
Contract number
ME219
Issued by
Florida

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This document is Amendment No. 3 to AHCA Contract No. MED219, an agreement between the State of Florida's Agency for Health Care Administration (AHCA) and Myers and Stauffer LC. The amendment modifies an existing contract related to the administration and oversight of American Rescue Plan Act (ARPA) funds for Home and Community-Based Services (HCBS).

The amendment extends the contract term from March 15, 2022, to June 30, 2024, and increases the total contract amount by $512,285.00 to a new total of $2,512,015.00. The vendor's scope of work includes developing evaluation plans, creating funding applications, monitoring spending compliance, providing ongoing technical assistance, conducting audits of ARPA fund usage, and generating various reports for the Agency. The contract establishes detailed deliverables across multiple areas such as project implementation, CMS reporting, application development, compliance monitoring, and ongoing support activities, with specific performance standards and potential liquidated damages for non-compliance.

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AHCA CONTRACT NO. MED219

AMENDMENT NO. 3

AHCA Contract No. MED219, Amendment No. 3, Page 1 of 3 April 2020

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

1. In accordance with Section 287.057(12), Florida Statutes, which provides for a one-time six (6) month extension of this Amendment, both parties agree to exercise a three-and-a-half (3.5) month extension. Therefore, Standard Contract, Section I., THE VENDOR HERBY AGREES, Sub-Section W., Requirements of Section 287.058, Florida Statutes, Item 5. is hereby amended to now read as follows:

This contract shall begin on March 15, 2022, and end on June 30, 2024, inclusive.

2. Standard Contract, Section II., THE AGENCY HEREBY AGREES, Sub-Section A.

Contract Amount, the first sentence is hereby amended to now read as follows:

To pay for the contract services to the conditions of Attachment I, Scope of Services, in an amount not to exceed $2,512,015.00, (an increase of $512,285.00), subject to the availability of funds.

3. 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:

Latoya Clark Agency for Health Care Administration 2727 Mahan Drive, MS #38 Tallahassee, Florida 32308

(850) 412-4025 Latoya.Clark@ahca.myflorida.com

4. Attachment I, Scope of Services, Section VIII., Performance Bond, Sub-Section A., Table 3, Performance Bond Requirements, is hereby deleted in its entirety and replaced with Table 3-A, Revised Performance Bond Requirements. All references in this Contract to Table 3, shall hereinafter refer to Table 3-A.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DocuSign Envelope ID: CEA9800B-B74D-41CA-8BD1-405BC85F7699

AHCA Contract No. MED219, Amendment No. 3, Page 2 of 3

TABLE 3-A

REVISED PERFORMANCE BOND REQUIREMENTS

Contract Term “Estimated” Annual Contract Amount

Performance Bond Amount (10%)

Contract Year 21/22 (3/15/22 – 6/30/22)

$552,152,12 $55,215.21

Contract Year 22/23 (7/01/22 – 6/30/23)

$859,915.24 $85,991.52

Contract Year 23/24 (7/01/23 - 06/30/24)

$1,099,947.64 $109,994.76

5. Attachment I, Scope of Services, Exhibit A, Deliverables, Associated Payment, and

Financial Consequences, is hereby deleted in its entirety and replaced with Exhibit A-1, Revised Deliverables, Associated Payment, and Financial Consequences, as follows. All references in this Contract to Exhibit A shall hereinafter refer to Exhibit A-1.

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.

AHCA Contract No. MED219, Amendment No. 3, Page 3 of 3 April 2020

IN WITNESS WHEREOF, the Parties hereto have caused this twelve (12) page Amendment to be executed by their officials thereunto duly authorized. This Amendment is not valid until signed and dated by both Parties.

MYERS AND STAUFFER LC 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 Type Number Description Attachment I Exhibit A-1 Revised Deliverables, Associated Payment and Financial Consequences (9 pages)

12/4/2023

Robert Hicks

Member

Jason Weida

12/14/2023

Secretary

ATTACHMENT I

EXHIBIT A-1

DELIVERABLES, ASSOCIATED PAYMENT AND FINANCIAL CONSEQUENCES

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 1 of 9

1.

DELIVERABLE

Project Implementation Plan

SUPPORTING DOCUMENTATION

The Vendor shall submit a draft and a final project implementation plan as outlined in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section D, Project Implementation Plan.

EVALUATION CRITERIA

Timely and complete submission of the required deliverable. The Agency will review the draft project implementation plan and provide feedback to the Vendor to be incorporated into the final version of the deliverable. Review and approval of the final deliverable for payment will be based on confirmation that all identified issues were addressed.

DUE DATE(S)

Draft due within seven (7) calendar days of Contract execution. Final due within five (5) calendar days of receiving the Agency’s feedback on the draft deliverable.

(COMPLETED)

AMOUNT

Not to exceed $28,520.00.

PERFORMANCE STANDARDS

The Vendor shall submit the required deliverable one hundred percent (100%) complete and on time.

LIQUIDATED DAMAGES

The Agency shall reduce payment to the Vendor in the amount of $100.00 per day for each day that the deliverable is overdue.

2.

Evaluation Plan for Expenditure of Additional FMAP Funds for HCBS

SUPPORTING DOCUMENTATION

Final Agency approved evaluation plan that identifies spending plan goals, goals for individual funding initiatives, and future measures as determined by the Agency to track outcomes.

EVALUATION CRITERIA

Timely and complete submission of the required deliverable. The Agency will review the draft evaluation plan and provide feedback to the Vendor to be incorporated into the final version of the deliverable.

DUE DATE(S)

Within sixty (60) days of execution of this Contract.

(COMPLETED)

AMOUNT

Not to exceed $79,400.00.

PERFORMANCE STANDARDS

The Vendor shall submit the required deliverable one hundred percent (100%) complete and on time.

LIQUIDATED DAMAGES

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 2 of 9

3.

DELIVERABLE

Development of Application(s) for Funding

SUPPORTING DOCUMENTATION

Completed Agency approved applications for funding as developed by the Vendor, including processes and procedures for application submission, review and approval, database tracking, and recommended applications for approval by the State.

EVALUATION CRITERIA

Timely and complete submission of the required deliverable. The Agency will review the developed applications and test them to ensure operability based on the policies and procedures developed by the Vendor.

DUE DATE(S)

Within forty-five (45) days of execution of this Contract.

(COMPLETED)

AMOUNT

Not to exceed $105,300.00.

PERFORMANCE STANDARDS

The Vendor shall submit the required deliverable one hundred percent (100%) complete and on time.

LIQUIDATED DAMAGES

4.

Compliance Monitoring Strategy Development

SUPPORTING DOCUMENTATION

Final Agency approved monitoring strategy including all tools for ongoing monitoring of providers who receive the funds under ARPA and the sampling strategy.

EVALUATION CRITERIA

Timely and complete submission of the Agency approved required deliverable.

DUE DATE(S)

Within thirty (30) days of execution of this Contract.

(COMPLETED)

AMOUNT

Not to exceed $27,920.00.

PERFORMANCE STANDARDS

The Vendor shall submit the required deliverable one hundred percent (100%) complete and on time.

LIQUIDATED DAMAGES

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 3 of 9

5.

DELIVERABLE

Monthly Ongoing Application Support

SUPPORTING DOCUMENTATION

Monthly status report to provide evidence of application support completed each month.

EVALUATION CRITERIA

The Agency will review the monthly status report to confirm the Vendor’s performance of application support. A random sampling and review of the application database will be used to determine validity.

DUE DATE(S)

Monthly, with the report to support monthly activities to be submitted no later than fifteen

(15) calendar days after the end of each service month.

AMOUNT

Not to exceed $249,040.00 for the term of the Contract.

PERFORMANCE STANDARDS

The Vendor shall include a summary of application support activities, in the Monthly Progress Report that is described in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub-Section G., Reporting, Item 4., Monthly Progress Report.

LIQUIDATED DAMAGES

each day that the monthly report to support the deliverable is overdue.

6.

Ongoing Spending Compliance Support

SUPPORTING DOCUMENTATION

Monthly status report to provide evidence of spending compliance support completed each month.

EVALUATION CRITERIA

The Agency will review the monthly status report to confirm the Vendor’s performance of spending compliance support.

DUE DATE(S)

Monthly, with the report to support monthly activities to be submitted no later than fifteen

(15) calendar days after the end of each service month.

AMOUNT

Not to exceed $458,480.00 for the term of the Contract.

PERFORMANCE STANDARDS

The Vendor shall include a summary of spending compliance support activities in the Monthly Progress Report that is described in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub-Section G., Reporting, Item 4., Monthly Progress Report.

LIQUIDATED DAMAGES

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 4 of 9

7.

DELIVERABLE

Communication Plan

SUPPORTING DOCUMENTATION

Final Agency approved communication plan and materials for distribution to all parties participating in the implementation of the funding from the additional ten percent (10%) FMAP for HCBS.

EVALUATION CRITERIA

Timely and complete submission of the required deliverable. The Agency will review the draft communication plan and provide feedback to the Vendor to be incorporated into the final version of the deliverable.

DUE DATE(S)

No later than thirty (30) days following execution of this Contract.

(COMPLETED)

AMOUNT

Not to exceed $27,970.00.

PERFORMANCE STANDARDS

The Vendor shall submit the required deliverable one hundred percent (100%) complete and on time.

LIQUIDATED DAMAGES

8.

Ongoing Technical Assistance Support

SUPPORTING DOCUMENTATION

Monthly, the Vendor shall include evidence of technical support provided each service month in the monthly report.

EVALUATION CRITERIA

The Agency will review the monthly status report to confirm the Vendor’s performance of technical assistance support.

DUE DATE(S)

Monthly, with the report to support monthly activities to be submitted no later than fifteen

(15) calendar days after the end of each service month.

AMOUNT

Not to exceed $199,285.00 for the term of the Contract.

PERFORMANCE STANDARDS

The Vendor shall submit a summary of technical assistance support, in the Monthly Progress Report that is described in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub-Section G., Reporting, Item 4., Monthly Progress Report.

LIQUIDATED DAMAGES

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 5 of 9

9.

CMS Reporting

SUPPORTING DOCUMENTATION

Agency approved templates for CMS Reports.

The Vendor shall submit an initial and quarterly spending narrative report and distribution plan to account for the use of the additional FMAP as well as any other documentation as required by CMS.

EVALUATION CRITERIA

The Agency will review the initial and quarterly spending report narrative, and any other documentation to confirm the Vendor’s compliance with federal specifications and reporting requirements.

DUE DATE(S)

Initial Report will be due within forty-five (45) days following execution of this Contract.

Quarterly, with the report to support quarterly activities to be submitted no later than fifteen

(15) calendar days after the end of each service quarter (July 15, October 15, January 15, and April 15).

AMOUNT

Not to exceed $109,460.00 for the term of the Contract.

PERFORMANCE STANDARDS

Spending compliance support is provided timely and quarterly reports are submitted complete and timely.

LIQUIDATED DAMAGES

The Agency shall reduce payment to the Vendor in the amount of $500.00 per day for each day that the report to support the deliverable is overdue.

10.

Ongoing Monitoring Support of Spending Compliance

SUPPORTING DOCUMENTATION

Monthly report to support ongoing sampling and monitoring of provider spending compliance.

EVALUATION CRITERIA

Utilizing the Agency approved monitoring strategy, the Vendor shall select a random sampling of providers to evaluate and monitor compliance with federal specifications for spending additional FMAP funds for HCBS services. The Agency will confirm the Vendor has adhered to the approved monitoring strategy and tools.

DUE DATE(S)

Monthly, with the report to support monthly activities to be submitted no later than fifteen

(15) calendar days after the end of each service month.

AMOUNT

Not to exceed $106,860.00 for the term of the Contract.

PERFORMANCE STANDARDS

The Vendor shall include a summary of ongoing monitoring of provider spending support activities, in the Monthly Progress Report that is described in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub-Section G., Reporting, Item 4., Monthly Progress Report.

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 6 of 9

LIQUIDATED DAMAGES

11.

Operational Procedures

SUPPORTING DOCUMENTATION

The Vendor shall comply with the requirements as outlined in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub-Section C., Operational Procedures.

EVALUATION CRITERIA

The Vendor’s Operational Procedures Manual shall guide the operations for auditing and all activities as outlined in this Contract and approved by the Agency.

DUE DATE(S)

No later than sixty (60) calendar days following execution of this Contract.

(COMPLETED)

AMOUNT

No cost.

PERFORMANCE STANDARDS

The Vendor shall submit the deliverable in accordance with the description provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section C., Operational Procedures.

LIQUIDATED DAMAGES

The Agency shall reduce payment to the Vendor in the amount of $500.00 per day for

12.

Daily Reports

SUPPORTING DOCUMENTATION

The Vendor shall submit a daily report of project progress.

EVALUATION CRITERIA

The Agency reviews for minimum quality standards.

DUE DATE(S)

Daily until discontinued by the Agency.

AMOUNT

No cost.

PERFORMANCE STANDARDS

The Vendor shall submit the deliverable in accordance with the description provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section B., Services Provided by the Vendor, Item G., Reporting, Sub-Item 2., Daily Reports.

LIQUIDATED DAMAGES

each day that the daily report to support the deliverable is overdue.

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 7 of 9

13.

Weekly Reports

SUPPORTING DOCUMENTATION

The Vendor shall submit a weekly report of project progress.

EVALUATION CRITERIA

The Agency reviews for minimum quality standards.

DUE DATE(S)

Once weekly until discontinued by the Agency.

AMOUNT

No cost.

PERFORMANCE STANDARDS

The Vendor shall submit the deliverable in accordance with the description provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section B., Services Provided by the Vendor, Item G., Reporting, Sub-Item 3., Weekly Reports.

LIQUIDATED DAMAGES

each day that the weekly report to support the deliverable is overdue.

14.

Monthly Progress Reports

SUPPORTING DOCUMENTATION

The Vendor shall submit a report monthly summarizing the auditing and examination services to include projected timelines/dates for the completion of audit fieldwork, audit review, report preparation, and report submission in accordance with this Contract.

Additionally, the Vendor shall also provide detailed timesheets, as well as any other relevant documentation requested by the Agency.

EVALUATION CRITERIA

The Agency reviews for minimum quality standards. The timesheets submitted with the monthly report shall include the applicable rate charged for the staff member and shall be in agreement with the amount invoiced each month.

DUE DATE(S)

Monthly, no later than fifteen (15) calendar days after the end of each service month.

AMOUNT

No cost.

PERFORMANCE STANDARDS

The Vendor shall submit the deliverable in accordance with the description provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section G., Reporting, Item 4., Monthly Progress Report.

LIQUIDATED DAMAGES

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 8 of 9

15.

Quarterly Reports

SUPPORTING DOCUMENTATION

The Vendor shall submit a quarterly report that summarizes activities for the preceding fiscal quarter and any additional requirements set forth by federal CMS related to the American Rescue Plan Act.

EVALUATION CRITERIA

The Agency reviews for minimum quality standards.

DUE DATE(S)

Quarterly, no later than fifteen (15) calendar days following the preceding fiscal quarter.

AMOUNT

No cost.

PERFORMANCE STANDARDS

The Vendor shall submit the deliverable in accordance with the description provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section B., Services Provided by the Vendor, Item G., Reporting, Sub-Item 5., Quarterly Reports.

LIQUIDATED DAMAGES

each day that the quarterly report to support the deliverable is overdue.

16.

Annual Reports

SUPPORTING DOCUMENTATION

The Vendor shall submit an audit report annually that summarizes activities for the preceding state fiscal year.

EVALUATION CRITERIA

The Agency reviews for minimum quality standards.

DUE DATE(S)

Annually, no later than forty-five (45) calendar days after the end of the state fiscal year.

AMOUNT

No cost.

PERFORMANCE STANDARDS

The Vendor shall submit the deliverable in accordance with the description provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section B., Services Provided by the Vendor, Item G., Reporting, Sub-Item 6., Annual Reports.

LIQUIDATED DAMAGES

each day that the annual report to support the deliverable is overdue.

AHCA Contract No. MED219, Attachment I, Exhibit A-1, Page 9 of 9

17.

DELIVERABLE

Ad Hoc Requests

SUPPORTING DOCUMENTATION

The Vendor shall complete ad hoc analyses and provide ad hoc reports for any aspect of the data collected by the Vendor and/or tasks related to the American Rescue Plan Act.

EVALUATION CRITERIA

The Agency reviews for minimum quality standards.

DUE DATE(S)

As requested by the Agency.

AMOUNT

No cost.

PERFORMANCE STANDARDS

The Vendor shall submit the deliverable in accordance with the description provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub- Section B., Services Provided by the Vendor, Item G., Reporting, Sub-Item 7., Ad Hoc Analysis and Reports.

LIQUIDATED DAMAGES

18.

Ongoing Auditing Support

SUPPORTING DOCUMENTATION

The Vendor shall collect data from providers who receive the funds under ARPA, use a sampling strategy approved by the Agency, and will conduct an audit of the funding that was spent by the providers. The ongoing auditing activities shall be summarized in accordance with the requirements provided in Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub-Section G., Reporting, Item 4., Monthly Progress Report.

EVALUATION CRITERIA

The Agency reviews for minimum quality standards.

DUE DATE(S)

Ongoing.

AMOUNT

Not to exceed $1,119,780.00 for the term of the Contract.

PERFORMANCE STANDARDS

The Vendor shall submit reports in accordance with the description provided Attachment I, Scope of Services, Section II., Manner of Service(s) Provision, Sub-Section G., Reporting, Item 4., Monthly Progress Report.

LIQUIDATED DAMAGES

each day that the report to support the deliverable is overdue.

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