Managed Access to Child Health, Inc

EY2-CGC-FSP_093016-020217

SUPPORT AGREEMENT BETWEEN

MANAGED ACCESS TO CHILD HEALTH, INC.

d/b/a PARTNERSHIP FOR CHILD HEALTH

AND

CHILD GUIDANCE CENTER, INC.

Contract Number

THIS SUPPORT AGREEMENT, including all exhibits and schedules, is made and entered into by and between MANAGED ACCESS TO CHILD HEALTH, INC. d/b/a/ PARTNERSHIP FOR CHILD HEALTH (“THE PARTNERSHIP” herein) and Child Guidance Center, Inc. (“AGENCY” herein), and is effective as of September 30, 2016.

WITNESSETH:

WHEREAS, THE PARTNERSHIP is a non-profit corporation that, pursuant to a contract (“PRIME CONTRACT”) with the Jacksonville Children’s Commission receives funding to develop the System of Care Initiative (“PROJECT”) whose purpose is to establish a sustainable and replicable model system of care to provide a continuum of individualized culturally and linguistically competent prevention, diagnostic and treatment services to children with or at-risk for severe emotional disturbance who are exiting crisis stabilization units, and;

WHEREAS, AGENCY desires to assist with the development of a family driven and youth guided system of care to reduce the number of recurring Baker Acts for children and youth through its System of Care trained Family Support Partners,and;

WHEREAS, THE PARTNERSHIP has decided to provide financial support to AGENCY for the family-driven, youth-guided, culturally and linguistically competent Family Support Partnersand retain AGENCY as an independent contractor to perform certain responsibilities within AGENCY’s expertise;

NOW, THEREFORE, for and in consideration of these premises, the terms and conditions hereinafter set forth, and the mutual benefits to be received, THE PARTNERSHIP and AGENCY agree that the above recitals are true and correct and as follows:

I.AGENCY RESPONSIBILITIES

1.01 Services: AGENCY shall provide to THE PARTNERSHIP the services described in Exhibit A, Scope of Work, which is hereby incorporated by reference and made a part of this Contract. AGENCY shall assign appropriately qualified and experienced Family Support Partners employed by AGENCY to participate and function within the System of Care Initiative framework to deliver family-driven, youth-guided, culturally and linguistically competent care coordination and case management services to referred children and youth exiting crisis stabilization units. The Family Support Partners shall be a part of the Wraparound process as determined by each family providing supportto families within the scope of their position (Exhibit B).

In cases of the activity of contractedstaff deemed by both/either the AGENCY and/or THE PARTNERSHIP as being in conflict with the best interest of the SAMHSA contract, corrective measures will be coordinated between the AGENCY and THE PARTNERSHIP System of Care Initiative (SOCI) Director(s) with final authority belonging to THE PARTNERSHIP for contract continuation.

The AGENCY System of Care staffwill also provide the services set forth in the Scope of Service.

1.02 If the parties wish to amend the Scope of Work, the parties will prepare a supplement to the scope of work for mutual review and approval. Each supplement will be substantially in the same form as Exhibit A, sequentially numbered, signed by the parties and made a part of this Agreement.

1.03 Any change in professional staff must be reported to THE PARTNERSHIP SOCI Director.

1.04 AGENCY will have no obligation to commence work in connection with any change until the fee and/or schedule impact of the change, if any, is agreed upon by the parties in writing. The foregoing notwithstanding, if AGENCY, at the written request of THE PARTNERSHIP, performs work that is not covered by the Scope of Work or that exceeds the Scope of Work, such work shall be deemed Consulting Services provided pursuant to this Agreement for which THE PARTNERSHIP shall compensate AGENCY.

1.05 Data Reporting/Deliverables: AGENCY shall submit to THE PARTNERSHIP, in accordance with the schedule outlined below, all data, performance outcomes and reports on work performed to include, but not limited to:

Deliverables / Due Date
Consents/EDIF/NOMS (if applicable) / Within 10 days of Admission
Monthly progress reports to include mutually agreed upon metrics / 10th of the following month
Discharge summaries/note / Quarterly
Family Support Partner Evaluation by Supervisor / Quarterly
Provide invoice with Monthly Activity Records, (EXHIBIT F) / 10th of the following month

1.06 AGENCY will perform the services covered by this Agreement as an independent contractor and not as an employee of THE PARTNERSHIP.

1.07AGENCY will participate in organization cultural responsiveness and child rights self-assessments and work with the System of Care in improving the cultural climate and the human rights of children through policy modifications where appropriate.

1.08 Monitoring and Evaluation Methodology: AGENCY will be monitored by THE PARTNERSHIP through review of deliverables submitted per the schedule outlined herein. Programmatic monitoring of the contract will be conducted annually either by on-site visit or by desk review of the contract, invoices and/or reports. THE PARTNERSHIP may review records, including patient records, that support the information contained on reports submitted and/or interview employees, to assure the satisfactory performance of the terms and conditions of this agreement.

1.09 All AGENCY personnel working with children will be screened annually according to Florida Department of Children and Families as specified in Section 435.03, Florida Statutes. AGENCY staff shall submit to Level 2 Screening Standards, as specified in Section 435.04, Florida Statutes and Chapter 394, Laws of Florida, which includes local, state, and national databases. The cost of the background screening(s) shall be borne by the AGENCY. AGENCY must provide documentation of the results of the screening(s) for each staff member supported by this agreement to THE PARTNERSHIP. THE PARTNERSHIP, solely at its discretion, reserves the right to terminate this agreement if the background screening reveals arrests, criminal convictions, or illegal use of controlled substances. Such report must be submitted under provisions of Section 837.06, Florida Statutes. AGENCY personnel who have direct contact with minor children and developmentally disabled persons must be of “good moral character.”

1.10 All AGENCY professional personnel must maintain an active license from the state of Florida and maintain appropriate medical professional liability insurance and/or demonstrate compliance with mandatory financial responsibility requirements as set forth in the relevant practice act in Florida Statutes. Professional liability insurance coverage for AGENCY and its professional personnel must be in amounts consistent with that maintained by similar entities. AGENCY shall provide evidence of such insurance coverage to THE PARTNERSHIP.

1.11 AGENCY shall maintain and keep in force insurance required by applicable workers compensation laws and shall comply with all other requirements, laws, statutes, ordinances and/or regulations (federal, state and/or local) relative to AGENCY’s performance under this Agreement.

1.12 AGENCY will perform the services covered by this Agreement pursuant to the provisions of Articles VI, VII, VIII and IX of the Jacksonville Children’s Commission Contract for Children’s Services entered into by and between Jacksonville Children’s Commission Contract for Children’s Services and Managed Access to Child Health, Inc. as of September 30, 2016, (Exhibit D). AGENCY will perform the services covered by this agreement pursuant to the provisions of Exhibit D and the related “Notice of Federal Award and Requirements” (Exhibit E), and all exhibits and other attachments that are appended to this Agreement. By this reference all documents mentioned in 1.09 are made a part hereof and are incorporated herein as if they have been set out in their entirety.

1.13AGENCY will establish policies and records management procedures to assure client privacy.

1.14 Truth in Negotiation Certificate and Vendor Selection: Signature of this Contract by the AGENCY shall act as the execution of the truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the AGENCY’S most favored customer for the same or substantially similar service.

1.15 Request for Payment: AGENCY will invoice THE PARTNERSHIP on or before the tenth (10th) day of the calendar month after the month for which services were rendered. Requests for payment must:

(a)be based on cost reimbursement of the servicesprovided, for allowable costs necessary and reasonable for the performance and administration of Federal awards per OMB Circular A-87, ( and in accordance with this contract and the line item budget defined herein;

(b)describe the services provided; and

(c)provide all documentation of provision of such services. Acceptable documentation includes, but is not limited to payroll registers, purchase orders, paid vouchers, invoices and any other documentation deemed necessary and approved by THE PARTNERSHIP, for release of payments under this Agreement.

1.16 Amending the Budget: Changes to the approved budget will require a prior-approved contract amendment. The AGENCY may revise the original line item budget, without amending the contract, with approval of THE PARTNERSHIP contract manager with the following specifications:

(a)The total dollar amount of the budget will remain unchangedunless increased based on the availability of additional funds.

(b)Up to 10% of the budget category may be transferred between the existing budget categories.

(c)The transfer cannot result in a reduction of contracted services or an increase in salaries.

1.17 Audit: An AGENCY receiving funding, either from one funding source or cumulatively from several funding sources, an amount equal to or greater than $100,000 must furnish THE PARTNERSHIP a copy of an audit report in accordance with Generally Accepted Auditing Standards (GAAS) issued by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA). This report must be submitted within 180 days of the close of the AGENCY’Sfiscal year and this report must present information based on the City’s fiscal year of October 1 through September 30. (Refer to Article VIII of the PRIME CONTRACT.)

II. THE PARTNERSHIP RESPONSIBILITIES

2.01Payment: THE PARTNERSHIP agrees to make payment to AGENCY in an amount not to exceed $5,000 the term of this contract to be increased based on the availability of funds if the contract term is extended. THE PARTNERSHIP shall render payments to AGENCY upon receipt of approved documentation based on cost reimbursement of the servicesprovided in accordance with this contract and the line item budget (Exhibit F) defined herein, within forty-five (45) days of receiving acceptable invoice and documentation, subject to the availability of lawfully appropriatedfunds for this Program.

2.02THE PARTNERSHIP shall notify AGENCY of any objections to an invoice or a disputed amount within ten (10) working days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount. If no objection or dispute is received by AGENCY within the ten (10) days, the invoice will be deemed accepted and due in full.

2.03Administrative Oversight: The AGENCY shall provide clinical and administrative oversight of the Family Support Partner in his/her role to the Project. THE PARTNERSHIP SOCIClinical Directorshall provide coaching to the AGENCY program leadership and consultation regarding clinical and programmatic issues.

III.AGREEMENT TERM, TERMINATION, REVISION, and AMENDMENT
3.01Termination:

(a)This Agreement will commence on the Effective Date as set forth above and shall end on February 5, 2017. This Agreement will remain in effect during this time period unless terminated early pursuant to the terms below:

(b)This Agreement may be terminated immediately upon notice in writing:

(1) By either party if the other party is in material breach of any of its obligations hereunder and fails to remedy such breach within thirty (30) days of receipt of a written notice by the other party which specifies the material breach;

(2)By AGENCY, in the absence of mutual agreement regarding a proposed amendment to the Scope of Work that represents a material change, or if THE PARTNERSHIP fails to pay any sum due under this Agreement within a thirty (30) day period;

(3) By either party if the other party has a receiver appointed, or an assignee for the benefit of creditors or in the event of any insolvency or inability to pay debts as they become due by the other party, except as may be prohibited by applicable bankruptcy law. In the event funds to finance all or part of this Contract do not become available, obligations of each party thereunder may be terminated upon no less than twenty-four (24) hours' notice in writing to the other party. Said written notice shall be delivered by either certified mail with return receipt requested, or by facsimile or in person with proof of delivery. THE PARTNERSHIP shall be the sole and final authority as to the determination of the availability of funds and as to how any available funds will be allocated among its various service providers.

(c)Either party may terminate this Agreement for convenience upon thirty (30) days prior written notice to the other party.

(d)Upon termination of this Agreement, THE PARTNERSHIP will pay AGENCY for all work performed and charges and expenses incurred by AGENCY up to the date of termination, and THE PARTNERSHIP will receive all work in progress for which THE PARTNERSHIP has paid.

(e)Except as provided herein, any alterations, variations, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by the legally authorized representatives of both parties and attached to the original of this Contract. The Parties agree to renegotiate this Contract if revisions of any applicable laws or regulations make changes in this Contract necessary.

(f)Except as provided herein, any alterations, variations, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by the legally authorized representatives of both parties and attached to the original of this Contract. The Parties agree to renegotiate this Contract if revisions of any applicable laws or regulations make changes in this Contract necessary.

IV.INDEPENDENT CONTRACTORS

4.01 Independent Contractors: The parties expressly intend that, with regard to the provisions of this Agreement, said parties shall be independent contractors and no party hereto shall receive any other benefits besides those expressly provided for herein. Further, it is the express intent of the parties hereto that no agent, servant, contractor, or employee of one party be deemed an agent, servant, contractor, or employee of the other party.

V.ASSIGNMENT AND SUBCONTRACTS

5.01 The parties deem the services to be rendered by the AGENCY to be personal in nature. The AGENCY shall not assign any rights or duties under this Contract to any other party without the prior written permission of THE PARTNERSHIP. If the AGENCY attempts to assign any rights or duties without securing written permission, this Contract shall be declared void by THE PARTNERSHIP, and the AGENCY thereupon agrees to remit to THE PARTNERSHIP all payments made pursuant to this Contract for the entire term of this Contract.

5.02 The AGENCY shall not enter into any subcontracts for any of the work contemplated under this Contract without obtaining the prior written approval of THE PARTNERSHIP, which shall be attached to the original Contract and subject to such conditions and provisions as THE PARTNERSHIP may deem necessary; provided, however, that notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by the AGENCY of such articles, supplies, equipment and services which are both necessary and incidental to the performance of the work required under this Contract; and provided further, however, that no provision of this clause and no such approval by THE PARTNERSHIP of any subcontracts shall be deemed in any event or manner to provide for the incurrence of any obligation of THE PARTNERSHIP in addition to the total agreed upon price contained herein.

5.03 The AGENCY’S outsourced services must ensure compliance with this Contract and the AGENCY cannot make a profit from outsourcing obligations under this Contract.

VI.FEES AND REVENUE

6.01 The AGENCY shall report to THE PARTNERSHIP all fees collected in the performance of this Contract on a quarterly basis. The AGENCY’S fees for programs or services funded by THE PARTNERSHIP shall be reported on the quarterly report form and must indicate all revenue generated from the collected fees. THE PARTNERSHIP will not reduce the AGENCY’S budget(s) as a result of the revenue generated by fees as long as the fees are utilized for THE PARTNERSHIP funded program purposes. Documentation of the use of revenues for program purposes must be maintained and will be subject to THE PARTNERSHIP evaluation, monitoring and/or audit.

6.02Any fees collected for services shall be collected in accordance with THE PARTNERSHIP regulations and policies and any applicable state, federal and/or local rules and/or regulations.

6.03 All revenue and fees received for the funded program(s) from this Contract must be spent for allowable expenditures for that specific contracted program(s).