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12/15/2010 ContractC/e r K s January 2011 ALLIANCE FOR AGING, INC. STANDARD CONTRACT Contract AA-1129 OLDER AMERICANS ACT PROGRAM TITLE III THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "AAA," and Monroe County Social Services. hereinafter referred to as the "Contractor", and collectively referred to as the "Parties." The term contractor for this purpose may designate a vendor, subgrantee or subrecipient, the status to be further identified in ATTACHMENT III, Exhibit-2 as necessary. WITNESSETH THAT: WHEREAS, the AAA has established through the Area Plan on Aging that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent contractor of the AAA. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as follows: 1. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and c.ond#ions-;pec fied in this Fri contract including all attachments and exhibits, which constitute the contract document. 1.1 Definitions DOEA means the Florida Department of Elder Affairs. -0 AAA means the Alliance for Aging, Inc. PSA means the Planning and Service Area corresponding to Miami -Dade and Monroe CotffPtjes. N 2. Incorporation of Documents within the Contract w The contract will incorporate the provider's application in response to the 2009 OAA RFP, attachments, proposal(s), state plan(s), grant agreements, relevant department handbooks, the Alliance for Aging Policies and Procedures manuals or desk books, as an integral part of the contract, and except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the Proposal(s) or other general materials not specific to this contract document and identified attachments. 3. Term of Contract This contract. shall begin on January 1, 2011 or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, local time in Miami, Florida, on December 31, 2011. 4. Contract Amount The department agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $420,992.00, or the rate schedule, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals By mutual agreement of the parties, in accordance with s. 287.058(1)(f), F.S., the AAA may renew the contract for a period not to exceed three years. The renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the AAA and the availability of funds. 1/71 January 2011 Contract AA-1129 6. Compliance with Federal Law 6.1. If this contract contains federal funds the following shall apply: 6.1.1 The provider shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the contractor shall comply with all applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The contractor shall report any violations of the above to the AAA. 6.1.3 The contractor, or agent acting for the contractor, may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000.00, the contractor must, prior to contract execution, complete the Certification Regarding Lobbying form, ATTACHMENT II. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager, prior to payment under this contract. 6.1.4 That if this contract contains $10,000.00 or more of federal funds, the contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 6.1.5 That if this contract contains federal funds and provides services to children up to age 18, the contractor shall comply with the Pro -Children Act of 1994 (20 U.S.C. 6081). 6.1.6 That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not be made to parties listed on the government -wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The contractor will comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The contractor shall complete and sign ATTACHMENT V prior to the execution of this contract. 6.2 The contractor shall not employ an unauthorized alien. The AAA shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such violation shall be cause for unilateral cancellation of this contract by the AAA. 6.3 If the contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements (filing a Form 990 or Form 990-N) and has its tax exempt status revoked for failing to comply with the filing requirements of the 2006 Pension Protection Act or for any other reason, the contractor must notify the AAA in writing within thirty (30) days of receiving the IRS notice of revocation. 7. Compliance with State Law 7.1 That this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. 7.2 Requirements of s. 287.058, F.S. as amended. 2/71 January 2011 Contract AA-1129 7.2.1 The contractor will provide units of deliverables, including various client services, and in some instances may include reports, findings, and drafts, as specified in this contract, which the Contract Manager must receive and accept in writing prior to payment in accordance with s. 215.971, F.S. (1) and (2). 7.2.2 The contractor will submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit. 7.2.3 If itemized payment for travel expenses is permitted in this contract, the contractor will submit bills for any travel expenses in accordance with s. 112.061, F.S., or at such lower rates as may be provided in this contract. 7.2.4 The contractor will allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S., made or received by the contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The contractor's refusal to comply with this provision shall constitute an immediate breach of contract for which the AAA may unilaterally terminate the contract. 7.3 If clients are to be transported under this contract, the contractor shall comply with the provisions of Chapter 427, F.S., and Rule 41-2, F. A. C. 7.4 Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of s. 287.134, F.S. 7.5 The contractor will comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 8. Background Screenina The contractor shall ensure that, prior to providing services, all persons having access to vulnerable elders and children, their living area, funds or personal property, or protected health information pertaining to such individuals, shall pass a Level II criminal background screening in accordance with the requirements of s. 430.0402 and ch. 435, F.S., as amended. These provisions shall apply to employees, subcontractors, consultants, direct service providers and volunteers. Consequently, any commitment for employment, purchase of services, or volunteer program participation shall be contingent upon the passing of a Level II background check. The background screening shall include employment history checks as provided in s. 435.03(1), F.S., and both local and national criminal record checks coordinated through law enforcement agencies. 8.1 For purposes of this section, the term "direct service provider" means a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client or has access to the client's living areas or to the client's funds or personal property. This term includes coordinators, managers, and supervisors of residential facilities and volunteers. 9. Grievance Procedures The contractor shall develop and implement, and ensure that its subcontractors have established grievance procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, should provide for notice of the grievance procedure and an opportunity for review of the subcontractor's determination(s). 10. Audits, Inspections. Investigations. Public Records and Retention 10.1 To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the AAA under this contract. 3/71 January 2011 Contract AA-1129 10.2 To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the AAA. 10.3 Upon demand, at no additional cost to the AAA, the contractor will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 10.2. 10.4 To assure that the records described in Paragraph 10 shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the AAA. 10.5 At all reasonable times for as long as records are maintained, persons duly authorized by the AAA, DOEA and Federal auditors, pursuant to 45 CFR 92.36(i)(10), shall be allowed full access to and the right to examine any of the contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 10.6 To provide a financial and compliance audit to the AAA as specified in this contract and in ATTACHMENT III and to ensure that all related party transactions are disclosed to the auditor. 10.7 To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office of the Inspector General pursuant to s. 20.055, F.S. 11. Nondiscrimination -Civil Rights Compliance 11.1 The contractor will execute assurances in ATTACHMENT VI that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion, color, disability, national origin, marital status or sex in compliance with state and federal law and regulations. The contractor further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. 11.2 The contractor will retain, on file, during the term of this agreement a timely, complete and accurate Civil Rights Compliance Checklist (ATTACHMENT B). 11.3 The contractor agrees to establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 11.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The contractor further assures that all subcontractors, vendors, or others with whom A arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the contractor understands that the AAA may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. 12. Provision of Services The contractor will provide services in the manner described in ATTACHMENT I. 4/71 January 2011 Contract AA-1129 13. Monitoring by the AAA The contractor will permit persons duly authorized by the AAA to inspect and copy any records, papers, documents, facilities, goods and services of the contractor which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the contractor to assure the AAA of the satisfactory performance of the terms and conditions of this contract. Following such review, the AAA will deliver to the contractor a written report of its findings and request for development, by the contractor, a corrective action plan where appropriate. The contractor hereby agrees to timely correct all deficiencies identified in the corrective action plan. 14. Coordinated Monitoring with Other Agencies If the contractor receives funding from one or more of the State of Florida other human service agencies, in addition to the Department of Elder Affairs, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of this contract, and pursuant to s. 287.0575, F.S. as amended, Florida's human service agencies shall include the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator, the contractor shall comply and cooperate with all monitors, inspectors, and/or investigators. 15. Indemnification The contractor shall indemnify, save, defend, and hold harmless the AAA and its agents and employees from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the provider is not required to indemnify the AAA for claims, demands, actions or causes of action arising solely out of the AAA's negligence. 15.1 Except to the extent permitted by s. 768.28, F.S., or other Florida law, Paragraph 15 is not applicable to contracts executed between the DOEA and state agencies or subdivisions defined in s. 768.28(2), F.S. 16. Insurance and Bonding 16.1 To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the contractor and the clients to be served under this contract. The limits of coverage under each policy maintained by the contractor do not limit the contractor's liability and obligations under this contract. The contractor shall ensure that the AAA has the most current written verification of insurance coverage throughout the term of this contract. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The AAA reserves the right to require additional insurance as specified in this contract. 16.2 Throughout the term of this agreement, the contractor agrees to maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 17. Confidentiality of Information The contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 18. Health Insurance Portability and Accountability Act Where applicable, the contractor will comply with the Health Insurance Portability and Accountability Act (42 USC 1320d.), as well as all regulations promulgated thereunder (45 CFR 160, 162, and 164). 5/71 January 2011 19. Incident Reporting Contract AA-1129 19.1 The contractor shall notify the AAA immediately, but no later than forty-eight (48) hours from, the contractor's awareness or discovery of conditions that may materially affect the contractor or subcontractor's ability to perform the services required to be performed under this contract. Such notice shall be made orally to the contract manager (by telephone) with an email to immediately follow. 19.2 To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the contractor and its employees. 20. New Contract(s) Reporting The contractor shall notify the AAA within ten (10) days of entering into a new contract with any of the remaining four (4) states human service agencies. The notification shall include the following information: (1) contracting state agency; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) contract description and commodity or service; and (6) contract manager name and number. In complying with this provision, and pursuant to s. 287.0575, F.S. as amended, the contractor shall complete and provide the information in ATTACHMENT D. 21. Bankruptcy Notification If, at any time during the term of this contract, the contractor, its assignees, subcontractors or affiliates files a claim for bankruptcy, the contractor must immediately notify the AAA Within ten (10) days after notification, the contractor must also provide the following information to the AAA: (1) the date of filing of the bankruptcy petition; (2) the case number; (3) the court name and the division in which the petition was filed (e. g., Northern District of Florida, Tallahassee Division); and, (4) the name, address, and telephone number of the bankruptcy attorney. 22. Sponsorship and Publicity 22.1 As required by s. 286.25, F.S., if the contractor is a non -governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (contractor's name), The Alliance for Aging, and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "Alliance for Aging" and "State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 22.2 The contractor shall not use the words "Alliance for Aging" or "The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless, specific authorization has been obtained by the AAA prior to use. 23. Assignments 23.1 The contractor shall not assign the rights and responsibilities under this Contract without the prior written approval of the AAA, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the AAA will constitute a material breach of the contract. 23.2 The Alliance, shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to agency, upon giving prior written notice to the contractor. In the event the State of Florida approves transfer of the Alliance's obligations, the contractor remains responsible for all work performed and all expenses incurred in connection with the contract. 6/71 January 2011 Contract AA-1129 23.3 This contract. shall remain binding upon the successors in interest of either the contractor or the AAA. 24. Subcontracts 24.1 The contractor is responsible for all work performed and for all commodities produced pursuant to this contract and the service provider application in response to the 2009 OAA RFP, whether actually furnished by the contractor or its subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the AAA deems necessary. The contractor further agrees that the AAA shall not be liable to the subcontractor in any way or for any reason. The contractor, at its expense, will defend the AAA against any such claims. 24.2 The contractor shall promptly pay any subcontractors upon receipt of payment from the department or other sponsoring agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, F.S., unless otherwise stated in the contract between the contractor and subcontractor, will result in a penalty as provided by statute. 25. Independent Capacity of Contractor It is the intent and understanding of the parties that the contractor, or any of its subcontractors, are independent contractors and are not employees of the AAA and shall not hold themselves out as employees or agents of the AAA without specific authorization from the AAA. It is the further intent and understanding of the parties that the AAA does not control the employment practices of the contractor and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the contractor or its subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the contractor shall be the sole responsibility of the contractor. 26. Payment Payments will be made to the contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the contractor. The AAA's Contract Manager will have final approval of the invoice for payment, and will approve the invoice for payment only if the contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the AAA's fiscal section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of s. 215.422 F.S. 27. Return of Funds The contractor will return to the AAA any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the contractor by the AAA. In the event that the contractor or its independent auditor discovers that an overpayment has been made, the contractor shall repay said overpayment immediately without prior notification from the AAA. In the event that the AAA first discovers an overpayment has been made, the Contract Manager, on behalf of the AAA, will notify the contractor b;y letter of such findings. Should repayment not be made forthwith, the contractor will be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after AAA notification or contractor discovery. 28. Data Integrity and Safesuardine Information The contractor shall insure an appropriate level of data security for the information the contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all contractor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely backed up to insure recovery from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The contractor shall insure all subcontractors maintain written procedures for computer system back up and recovery. The contractor shall complete and sign ATTACHMENT IV prior to the execution of this contract. 7/71 January 2011 29. Computer Use and Social Media Policy Contract AA-1129 30. Conflict of Interest The contractor will establish safeguards to prohibit employees, board members, management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer or agent of the contractor or subcontractor shall participate in selection, or in the award of an agreement supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The contractor or subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The contractor's board members and management must disclose to the AAA any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) calendar days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of this contract. The contractor's employees and subcontractors must make the same disclosures described above to the contractor's board of directors. Compliance with this provision will be monitored. 31. Public Entity Crime Pursuant to s. 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the AAA. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a. public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 32. Purchasing 32.1 To procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of s. 403.7065, F.S. 33. Patents, Copyriahts, Royalties If any discovery, invention or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract, the contractor shall refer the discovery, invention or material to the AAA to be referred to the Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 287.0571 (5) (k) 1 and 2 as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in the contract. 33.1 If the primary purpose of this contract is the creation of intellectual property, the state shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to Paragraph 33. 34. Emergency Preparedness and Continuity of Operations 34.1 If the tasks to be performed pursuant to this contract, include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety or welfare, the contractor shall, within 8/71 January 2011 Contract AA-1129 thirty (30) calendar days of the execution of this contract, submit to the Contract Manager verification of an emergency preparedness plan. In the event of an emergency, the contractor shall notify the AAA of emergency provisions. 34.2 In the event, a situation results in a cessation of services by a subcontractor, the contractor will retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 35. PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 36. Use of State Funds to Purchase or Improve Real Property Any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 37. Dispute Resolution Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the contractor. 38. Financial Consequences of Non -Performance If the contractor fails to meet the minimum level of service or performance identified in this agreement, or that is customary for the industry, then the AAA must apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to contract suspension, refusing payment, withholding payments until deficiency is cured, tendering only partial payments, and/or cancellation of contract and reacquiring services from an alternate source. 38.1 The contractor shall not be charged with financial consequences, when a failure to perform arises out of causes that were the responsibility of the AAA. 39. No Waiver of Sovereign Immunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 40. Venue If any dispute arises out of this contract, the venue of such legal recourse will be Miami -Dade County, Florida. 41. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the AAA or the contractor unless expressly contained herein or by a written amendment to this contract signed by both parties. 42. Force Maieure Neither party shall be liable for any delays or failures in performance due to circumstances beyond its control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 43. Severability Clause 9/71 January 2011 Contract AA-1129 The parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 44. Condition Precedent to Contract: Appropriations The parties agree that the AAA's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature to DOEA. 45. Addition/Deletion The parties agree that the AAA reserves the right to add or to delete any of the services required under this contract when deemed to be in the PSA's best interest and reduced to a written amendment signed by both parties. The parties shall negotiate compensation for any additional services added. 46. Waiver The delay or failure by the AAA to exercise or enforce any of its rights under this contract shall not constitute or be deemed a waiver of the AAA's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 47. Compliance The contractor agrees to abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current State statutes, laws, rules and regulations. The parties agree that failure of the contractor to abide by these laws shall be deemed an event of default of the contractor, and subject the contract to immediate, unilateral cancellation of the contract at the discretion of the AAA. 48. Final Invoice The contractor shall submit the final invoice for payment to the AAA as specified in Paragraph 3.3.4. (date for final request for payment) of ATTACHMENT I. If the contractor fails to submit final request for payment by the deadline, then all rights to payment may be forfeited and the AAA may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the contractor and necessary adjustments thereto have been approved by the AAA. 49. Reneeotiations or Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the AAA's operating budget. 50. Termination 50.1 This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the contractor responsible for administration of the contract. 50.2 In the event funds for payment pursuant to this contract become unavailable, the AAA may terminate this contract upon no less than twenty-four (24) hours notice in writing to the contractor. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the contractor responsible for administration of the contract. The AAA shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the contractor will be compensated for any work satisfactorily completed prior to the date of termination. 50.3 This contract may be terminated for cause upon no less than twenty-four (24) hours notice in writing to the contractor. If applicable, the AAA may employ the default provisions in Rule 60A-1.006(3), F.A.C. Waiver of 10/71 January 2011 Contract AA-1129 breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms and conditions of this contract. The provisions herein do not limit the AAA's or the contractor's rights to remedies at law or in equity. 50.4 Failure to have performed any contractual obligations with the AAA in a manner satisfactory to the AAA will be a sufficient cause for termination. To be terminated as a contractor under this provision, the contractor must have (1) previously failed to satisfactorily perform in a contract with the AAA, been notified by the AAA of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the AAA; or (2) had a contract terminated by the AAA for cause. 51. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): The contractor name, as shown on page I of this Monroe County Board of County Commissioners Nutrition a. contract, and mailing address of the official payee to and In -Home Services Programs whom the payment shall be made is: 1100 Simonton Street Rm 2-257 Key West, FL 33040 The name of the contact person and street address Sheryl Graham, Director, Monroe County Social Services b. where financial and administrative records are 1100 Simonton Street, Rm. 2-257 maintained is: Key West, FL 33040 305-292-4510 The name, address, and telephone number of the Sheryl Graham, Director, Monroe County Social Services C. representative of the contractor responsible for 1100 Simonton Street, Rm. 2-257 administration of the program under this contract is: Key West, FL 33040 305-292-4510 The section and location within the AAA where Anthony Coombs, Associate Vice President d• Requests for Payment and Receipt and Expenditure 760 NW 107th Avenue, Suite 201 and 214 forms are to be mailed is: Miami, Florida 33172 e The name, address, and telephone number of the AAA Contract Manager (MARIA SCOTTO) Contract Manager for the AAA for this contract is: Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 11/71 January 2011 Contract AA-1129 52. All Terms and Conditions Included This contract and its Attachments, I — X, A, B, D, E and F, and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the parties. By signing this contract, the parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the parties hereto have caused this 63 page contract, to be executed by their undersigned officials as duly authorized. Contractor SIGNED BY: N Monroe County Social Services. ALLIANCE FOR AGING, INC. 01. SIGNED BY;P,,,A4UA NAME: MAX B. ROTHMAN TITLE: Mayor TITLE: PRESIDENT AND CEO DATE: 12-15-2010 A ° CL UK CLERK PEDRO J. DATE: / .9 / / ? / �l C) ATTORNEY 1Z/16/16 12/71 January 2011 ATTACHMENT ATTACHMENTI ATTACHMENT II ATTACHMENT III ATTACHMENT III EXHIBIT I ATTACHMENT III EXHIBIT 2 ATTACHMENT IV ATTACHMENT V ATTACHMENT VI ATTACHMENT VII ATTACHMENT VIII ATTACHMENT IX ATTACHMENT X, EXHIBIT 2 ATTACHMENT X, EXHIB IT 3 ATTACHMENT A ATTACHMENT B ATTACHMENT F, EXHIBIT 1 ATTACHMENT F, EXHIBIT 2 ATTACHMENT G INDEX TO CONTRACT ATTACHMENTS ATTACHMENT DESCRIPTION STATEMENT OF WORK CERTIFICATION REGARDING LOBBYING FINANCIAL COMPLIANCE AUDIT ATTACHMENT Contract AA-1129 PAGE 15-27 29 31-33 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AUDIT REPLATIONSHIP DETERMINATION CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS ASSURANCES — NON -CONSTRUCTION PROGRAMS CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE OLDER AMERICANS ACT CONTRACT REPORT CALENDAR REQUEST FOR PAYMENT RECEIPTS AND EXPENDITURES, TITLE IIIB, IIIC 1, AND IIIC2 RECEIPTS AND EXPENDITURES, TITLE IIIE DEPARTMENT OF ELDER AFFAIRS' PROGRAMS & SERVICES HANDBOOK (ON CD) DEPARTMENT OF ELDER AFFAIRS' CIVIL RIGHTS COMPLIANCE CHECKLIST AND INSTRUCTIONS DOEA COST ANALYSIS FOR NON -COMPETITIVELY PROCURED CONTRACTS IN EXCESS OF CATEGORY II INSTRUCTIONS: DOEA COST ANALYSIS FOR NON -COMPETITIVELY PROCURED CONTRACTS IN EXCESS OF CATEGORY II ARC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS 35 37 39 41 43-44 45 47 49 51 53 55 57-62 63 65 67-71 13/71 January 2011 Contract AA-1129 14/71 January 2011 ALLIANCE FOR AGING, INC. STATEMENT OF WORK OLDER AMERICANS ACT PROGRAM TITLE III SECTION I: SERVICES TO BE PROVIDED 1.1 DEFINITIONS OF TERMS AND ACRONYMS 1.1.1 CONTRACT ACRONYMS ADL — Activities of Daily Living APS — Adult Protective Services AIRS — Alliance of Information & Referral Systems ADA — Americans with Disabilities Act AAA — Area Agency on Aging APCL —Assessed Priority Consumer List CIRTS — Client Information and Registration Tracking System FLAIRS -- Florida Alliance of Information and Referral Services I&R — Information and Referral IADL — Instrumental Activities of Daily Living MOA — Memorandum of Agreement MOU — Memorandum of Understanding OAA —Older Americans Act PSAs — Planning and Service Areas WebDB — Web -based Database System Contract AA-1129 ATTACHMENT I 1.1.2 PROGRAM SPECIFIC TERMS Area Plan: A plan developed by the area agency on aging outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Act and department instructions. Area Plan Update: A revision to the area plan wherein the area agency on aging enters OAA specific data in the web -based database system (WebDB). An update may also include other revisions to the area plan as instructed by the department. Child: Art individual who is not more than 18 years of age or an individual with disability. Family Caregiver: An adult family member, or another individual, who is an informal provider of in -home and community care to an older individual. Frail: When an older individual is unable to perform at least two activities of daily living (ADL) without substantial human assistance, including verbal reminding, physical cueing or supervision; or due to cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. Grandparent: A grandparent or step -grandparent of a child, or a relative of a child by blood, marriage or adoption and who lives with the child; is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and has a legal relationship to the child, such as legal custody or guardianship, or is raising the child informally. 15/71 January 2011 Contract AA-1129 1.2 Alliance for Aging Mission The Alliance For Aging Inc. mission id to promote and advocate for the optimal quality of life for older adults and their families. 1.2.1 DOEA Mission Statement The department's mission is to foster an optimal quality of life for elder Floridians. The department's vision and shared values are to foster a social, economic and intellectual environment for all ages, and especially those age 60 and older, where all can enjoy Florida's unparalleled amenities in order to thrive and prosper. Area agencies, lead agencies and local service providers as partners and stakeholders in Florida's aging services network are expected to support the department's mission, vision, and program priorities. 1.2.2 Older Americans Act Program Mission Statement The Older Americans Act (OAA) Program is a federal program initiative that provides assistance to older persons and caregivers and is the only federal supportive services program directed solely toward improving the lives of older people. The program provides a framework for a partnership among the different levels of government and the public and private sectors with a common objective, improving the quality of life for all older individuals by helping them to remain independent and productive. 1.3 GENERAL DESCRIPTION 1.3.1 General Statement The primary purpose of the OAA program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals. The OAA program uses these systems to assist older individuals to attain and maintain maximum independence and dignity in a home environment and allows for the capability of self -care with appropriate supportive services. 1.3.2 Authority The relevant references authority governing the OAA program are: (1) Older Americans Act of 2006, as amended; (2) Rule 58A-1, Florida Administrative Code; and (3) Section 430.101, Florida Statutes. 1.3.2.1 Incorporation of Reference Memoranda In accordance with Ch. 287 F.S., as amended and Department of Financial Services', Chief Financial Officer Memoranda, the following memoranda are provided for informational purposes and incorporated by reference: (1) CFO Memo No. 02: Release date, August 20, 2010; (2) CFO Memo No. 03: Release date, June 29, 2010; and (3) CFO Memo No. 06: Release date, June 30, 2010. 1.3.3 Scope of Service The contractor is responsible for the activities listed in this Appendix, Sections I and II and Appendix G, and shall be delivered in keeping with the in Provider Service Application in response to the 2009 OAA RFP. The services shall be provided in a manner consistent with and described in the current Department of Elder Affairs Programs and Services Handbook (ATTACHMENT A). 1.3.4 Major Program Goals The major goals of the OAA program are to improve the quality of life for older individuals, preserve their independence and prevent or delay more costly institutional care. These goals are achieved through the implementation of a comprehensive and coordinated service system that provides a continuum of service alternatives that meet the diverse needs of elders and their caregivers. 16/71 January 2011 1.4 INDIVIDUALS TO BE SERVED 1.4.1 Eligibility, (Title III Programs) Contract AA-1129 1.4.1.1 OAA Title III, General Consumers shall not be dually enrolled in an OAA program and a Medicaid capitated long-term care program. 1.4.1.2 OAA Title IIIB, Supportive Services (1) Individuals age 60 or older; and (2) Infor:mation and Referral/Assistance services are provided to individuals regardless of age. 1.4.1.3 OAA Titles IIIC1 and C2, Nutrition Services, General General factors that should be considered in establishing priority for Nutrition Services, both C1 and C2, include those older persons who: (1) Cannot afford to eat adequately; (2) Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; (3) Have limited mobility which may impair their capacity to shop and cook for themselves; or (4) Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. 1.4.1.3.1 OAA Title IIIC1, Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I, Paragraph 1.4.1.3 individuals must be mobile, not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: (1) Individuals age 60 or older; and (2) Any spouse (regardless of age) who attends the dining center with his/her eligible spouse; (3) Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; (4) Disabled persons who reside at home with and accompany an eligible person to the dining center; and (5) Volunteers, regardless of age, who provide essential services on a regular basis during meal hours. 1.4.1.3.2 OAA Title IIIC2, Home Delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I, Paragraph 1.4.1.3, individuals must be homebound and physically, mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home delivered meals include: (1) Individuals age 60 or older who are homebound by reason of illness, disability or isolation; (2) The spouse of a homebound eligible individual, regardless of age, if the provision of the collateral meal supports maintaining the person at home; (3) Individuals with disabilities, regardless of age, who reside at home with eligible individuals and are dependent on them for care; and (4) Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their presence at the congregate site inappropriate; and persons at nutritional risk who are socially or otherwise isolated and unable to attend a congregate nutrition site. 1.4.1.4 OAA Title IIIE, Caregiver Support Services 17/71 January 2011 Contract AA-1129 (1) Family caregivers of individuals age 60 or older; (2) Grandparents (age 55 or older) or older individuals (age 55 or older) who are relative caregivers; (3) Priority will be given to family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and for grandparents or older individuals who are relative caregivers who provide care for children with severe disabilities; and (4) For respite and supplemental services, a family caregiver must be providing care for an older individual who meets the definition of the term "frail" in OAA, Section 102 Paragraph 22. 1.4.2 Targeted Groups Preference shall be given to those with the greatest economic and social need, with particular attention to low- income older individuals, including those that are low-income minorities, have limited English proficiency, and older individuals residing in rural areas. SECTION II — MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS In order to achieve the goals of the OAA program, the contractor shall ensure the following tasks are performed: (1) Client eligibility determination; (2) Targeting and screening of service delivery for new clients; (3) Delivery of services to eligible clients; (4) Use of volunteers to expand the provision of available services; (5) Monitoring the performance of its subcontractors; and (6) Information and Referral/Assistance Access Services (Elder Helplines). 2.1.1 Client Eligibility Determination as listed in ATTACHMENT I, Paragraph 1.4. 2.1.2 Targeting and Screening of Service Delivery for New Clients The contractor shall develop and implement policies and procedures consistent with OAA targeting and screening criteria. 2.1.3 Delivery of Services to Eligible Clients The contractor shall provide a continuum of services that meets the diverse needs of elders and their caregivers. The contractor shall perform and report performance of the following services in accordance with ATTACHMENT A. The services funded pursuant to this contract are in accordance with the OAA, Title III, sections 321, 331, 336, and 373 as follows: (1) Section 321, Title IIIB Supportive Services; (2) Section 331, Title IIIC 1 Congregate Nutrition Services; (3) Section 336, Title IIIC2 Home Delivered Nutrition Services; (4) Section 373, Title IIIE Caregiver Support Services; and (5) Sections 321 and 373 — Information and Referral/Assistance Access Services (Elder Helplines) 18/71 January 2011 Contract AA-1129 2.1.3.1 Supportive Services Supportive services include a variety of community -based and home -delivered services that support the quality of life for older individuals by helping them remain independent and productive. Services include the following: (1) Adult Day Care/Adult Day Health Care; (8) Legal Assistance; (2) Caregiver Training/Support; (9) Material Aid; (3) Case Aid/Case Management; (10) Occupational Therapy; (4) Chore Services; (11) Outreach; (5) Companionship; (12) Personal Care; (6) Counseling (Gerontological and Mental (13) Physical Therapy; Health); (7) Education/Training; (14) Recreation; (15) Emergency Alert Response; (24) Referral/Assistance; (16) Escort; (25) Respite Services; (17) Health Support; (26) Screening/Assessment; (18) Home Health Aid; (27) Shopping Assistance; (19) Homemaker; (28) Skilled Nursing; (20) Housing Improvement; (29) Specialized Medical Equipment, Services, and (21) Information; Supplies (22) Intake; (30) Speech Therapy; (23) Interpreter/Translating; (31) Telephone Reassurance; and (32) Transportation 2.1.3.2 Congregate Nutrition Services Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity, promote socialization and the health and well being of older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include: (1) Congregate meals; (2) Congregate meals screening; (3) Nutrition education and nutrition counseling; and (4) Outreach. 2.1.3.3 Home Delivered Nutrition Services In -home nutrition services are provided to reduce hunger and food insecurity; promote socialization and the health and well being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include: (1) Home delivered meals; (2) Nutrition education and counseling; and (3) Outreach. 2.1.3.4 Caregiver Support Services (IIIE Program) The following services are intended to provide direct help to caregivers, assist in the areas of health, nutrition and financial literacy and assist caregivers in making decisions and problem solving related to their caregiving roles and 19/71 January 2011 Contract AA-1129 responsibilities: (1) Adult Day Care/Adult Day Health Care; (2) Caregiver Training/Support; (3) Counseling (Gerontological and Mental Health); (4) Education/Training; (5) Financial Risk Reduction (Assessment and Maintenance); (6) Information; (7) Intake; (8) Outreach; (9) Referral/Assistance; (10) Respite Services; (11) Screening/Assessment; and (12) Transportation. 2.1.3.5 Caregiver Support Supplemental Services (IIIES Program): At least 10 percent, but no more than 20 percent, of the total Title IIIE funds shall be used to provide supplemental support services. The following services are provided to complement the care provided by caregivers. (1) Chore Services; (2) Housing Improvement; (3) Legal Assistance; (4) Material Aid; and (5) Specialized Medical Equipment, Services and Supplies. 2.1.3.6 Caregiver Support Grandparent Services (IIIEG Program): At least 5 percent, but no more than 10 percent, of the total Title IIIE funds shall be used to provide support services to grandparents and older individuals who are relative caregivers. Services for grandparents or older individuals who are relative caregivers designed to help meet their caregiving obligations include: (1) Caregiver Training/Support; (7) Outreach; (2) Child Day Care; (8) Referral/Assistance; (3) Counseling (Gerontological and Mental (9) Screen ing/Assessment; Health); (10) Sitter; and (4) Education/Training; (11) Transportation (5) Information; (6) Legal Assistance; 2.1.4 Use of Volunteers to Expand the Provision of Available Services The contractor shall make use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings. 20/71 January 2011 Contract AA-1129 2.1.5 Monitoring the Performance of Subcontractors The contractor shall conduct at least one monitoring per year of each subcontractor. The contractor shall perform fiscal, administrative and programmatic monitoring of each subcontractors to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. 2.1.5.1 Use of Subcontractors If this contract involves the use of a subcontractor or third party, then the contractor shall not delay the implementation of its agreement with the subcontractor. If any circumstances occur that may result in a delay for a period of 60 days or more of the initiation of the subcontract or in the performance of the subcontractor, the contractor shall notify the AAA's Contract Manager and the AAA's Chief Financial Officer in writing of such delay. The contractor shall not permit a subcontractor to perform services related to this agreement without having a binding subcontractor agreement executed. In accordance with Paragraph 24.1 of the Standard Agreement, the AAA will not be responsible or liable for any obligations or claims resulting from such action. 2.2 SERVICE LOCATION AND EQUIPMENT 2.2.1 Service Times The contractor shall ensure the provision of the services listed in the contract during normal business hours unless other times are more appropriate to meet the performance requirements of the contract, and it shall monitor its subcontractors to ensure they are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. 2.3 Equipment 2.3.1 Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal funds], or (b); nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of $1,000.00 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250.00 or more [for state funds]. 2.3.2 Contractors and sub -contractors who are Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations shall have written property management standards in compliance with 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the AAA upon request. 2.3.3 The contractor's property management standards for equipment acquired with Federal funds and federally -owned equipment, shall include accurately maintained equipment records with the following information: (1) A description of the equipment; (2) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number; (3) Source of the equipment, including the award number; (4) Whether title vests in the contractor or the Federal Government; (5) Acquisition date (or date received, if the equipment was furnished by the Federal Government) and cost; (6) Information from which one can calculate the percentage of Federal participation in the cost of the equipment 21/71 January 2011 (not applicable to equipment furnished by the Federal Government); (7) Location and condition of the equipment and the date the information was reported; Contract AA-1129 (8) Unit acquisition cost; and (9) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a contractor compensates the Federal awarding agency for its share. 2.3.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state funds with an acquisition cost over $1,000.00 that is specifically identified in the area plan approved by DOEA is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the contractor, subject to the conditions of 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110), Subpart C, Paragraph 34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered b:y this contract, or identified in the sub -agreements with sub -contractors (not included in a cost methodology), is subject to the conditions of Chapter 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR Part 74. 2.3.5 The contractor shall not dispose of any equipment or materials provided by the AAA, or purchased with funds provided through this contract without first obtaining the approval of the AAA's Contract Manager. When disposing of property or equipment the contractor must submit a written request for disposition instructions to the respective Contract Manager. The request should include a brief description of the property, purchase price, funding source, percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the contractor's proposed disposition (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 2.3.6 The AAA's Contract Manager will issue disposition instructions. If disposition instructions are not received within 120 days of the written request for disposition, the contractor is authorized to proceed as directed in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A -I 10). 2.3.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of the DOEA. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b United States Code (USC). Real property purchases from state funds can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of s. 216.348, F. S. 2.3.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 22/71 January 2011 2.4 DELIVERABLES Contract AA-1129 2.4.1 Service Unit The contractor shall provide the services described in the contract in accordance with ATTACHMENT A. The chart below lists the services that can be performed and the unit of measurement. Adult Day Care/Adult Day Health Care Caregiver Training/Support Case Aid/Case Management Child Day Care Chore Services Companionship Congregate Meals Screening Counseling; Services Escort Financial Risk Reduction Services Health Support Home Health Aide Homemaker Housing Improvement Intake Emergency Alert Response Interpreter/Translating Legal Assistance Medication Management Mental Health Counseling/Screening Nutrition Counseling Occupational Therapy Personal Care Physical Therapy Recreation Respite Services Screening/Assessment Sitter Skilled Nursing Services Speech Therapy EducatioruTraining Information Material Aid Nutrition Education Outreach Referral/Assistance Specialized Medical Equipment, Services and Supplies Telephone Reassurance Escort Shopping .Assistance Transportation Congregate and Home Delivered Meals Hour Day Episode One -Way Trip Meal 2.5 REPORTS The contractor is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the AAA. 2.5.1 Service Costs Reports The contractors shall submit to the AAA semi-annual service cost reports, which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 23/71 January 2011 Contract AA-1129 2.5.2 Surplus/Deficit Report The contractor will submit a consolidated surplus/deficit report in a format provided by the AAA to the AAA's Contract Manager by the 15th of each month. This report is for all agreements and/or contracts between the contractor and the AAA. The report shall include the following: (1) A list of all subcontractors and their current status regarding surplus/deficit; (2) The contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the AAA will be resolved; (3) Recommendations to transfer funds to resolve surplus/deficit spending; (4) Input from the contractor's Board of Directors on resolution of spending issues, if applicable (5) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5; and (6) Number of clients currently on the APCL designated as Imminent Risk. (7) Number of contacts including walk-ins, calls, emails or faxes as related to outsourced ARC functions. 2.5.3 DOEA Cost Analysis For Non -Competitively Procured Contracts In Excess of Category II In compliance with State of Florida Chief Financial Officer Memorandum No. 03 (released June 29, 2010), the contractor will submit a completed DOEA Cost Analysis For Non -Competitively Procured Contracts In Excess of Category II identified as Attachment F, Exhibit 1 within 30 days of contract execution. Instructions for completing the form are identified as Attachment F, Exhibit 2. 2.6 RECORDS AND DOCUMENTATION The contractor will ensure the accurate collection and maintenance of client and service information on a monthly basis from the CIRTS or any such system designated by the AAA. Maintenance includes valid exports and backups of all data and systems according to AAA standards. 2.6.1 Each contractor and subcontractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the AAA upon request. 2.7 PERFORMANCE SPECIFICATIONS 2.7.1 Outcomes (1) The contractor shall timely submit to the AAA all reports described in ATTACHMENT I, Paragraph 2.5 REPORTS; (2) The contractor shall timely submit to the AAA all information described in ATTACHMENT I, Paragraph 2.6 RECORDS AND DOCUMENTATION; (3) The contractor shall ensure services in this contract are in accordance with ATTACHMENT A. 2.7.2 The performance of the contractor in providing the services described in this contract shall be measured by the current Area Plan strategies for the following criteria: (1) Percent of most frail elders who remain at home or in the community instead of going into a nursing home; (2) Percent of Adult Protective Services (APS) referrals who are in need of immediate services to prevent further harm who are served within 72 hours; 24/71 January 2011 Contract AA-1129 (3) Average monthly savings per consumer for home and community -based care versus nursing home care for comparable client groups; (4) Percent of elders assessed with high or moderate risk environments who improved their environment score; (5) Percent of new service recipients with high -risk nutrition scores whose nutritional status improved; (6) Percent of new service recipients whose ADL assessment score has been maintained or improved; (7) Percent of new service recipients whose fADL assessment score has been maintained or improved; (8) Percent of family and family -assisted caregivers who self -report they are very likely to provide care; (9) Percent of caregivers whose ability to continue to provide care is maintained or improved after one year of service intervention (as determined by the caregiver and the assessor); and (10) Percent of customers who are at imminent risk of nursing home placement who are served with community based services. (11) Any other outcome measures as listed in the Provider's Service Application in response to the 2009 OAA RFP. 2.7.3 Monitoring and Evaluation Methodology The AAA will review and evaluate the performance of the contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the contractor through telephone, in writing, and/or an on -site visit. The AAA's determination of acceptable performance shall be conclusive. The contractor agrees to cooperate with the AAA ]In monitoring the progress of completion of the service tasks and deliverables. 2.7.4 Remedies -Nonconforming Services The contractor shall ensure that all participants served under this agreement are eligible for the program, and that all monthly and/or quarterly performance reports and financial records are maintained for each reporting period and submitted as stipulated in Paragraphs 1.4 - 1.4.2 and 2.1 - 2.1.6. Any nonconforming program services, performance reports or financial records not meeting the aforementioned requirements shall not be eligible for reimbursement under this program. The costs associated with enrolling, training, reporting and/or managing the program shall be borne solely by the contractor. The AAA requires immediate; notice of any significant and/or systemic infractions that compromise the contractor's ability to provide participant services, to achieve programmatic performance or to provide sound financial management of the program. 2.8 CONTRACTOR'S FINANCIAL OBLIGATIONS 2.8.1 Matching, Level of Effort, and Earmarking Requirements The contractor will fulfill a match requirement of at least 10 percent of the cost for all services funded through this contract (i.e. 90 cents of grant funds must be matched with 10 cents from the contractor.) The subcontractor's match will be made in the form of cash and/or in -kind resources. Match must be reported by title each month. At the end of the contract period, all OAA funds must be properly matched. 2.8.2 Consumer Contributions (1) The contractor assures compliance with Section 315 of the Older Americans Act as amended in 2006, in regard to consumer contributions; (2) Voluntary contributions are not to be used for cost sharing or matching; (3) Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and (4) Voluntary contributions are to be used only to expand services. 2.8.3 Use of Service Dollars The contractor is expected to spend all federal, state and other funds provided by the AAA for the purpose specified 25/71 January 2011 Contract AA-1129 in the contract. The contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the contract period, for each program managed by the contractor. If the AAA determines that the contractor is not spending service funds accordingly, the AAA may transfer funds to other providers during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 2.8.4 Title III Funds The contractor assures compliance with Section 306 of the Older Americans Act, as amended in 2006, that funds received under Title III will not be used to pay any part of a cost (including an administrative cost) incurred by the contractor to maintain a contractual or commercial relationship that is not carried out to implement Title III. 2.9 AAA RESPONSIBILITIES 2.9.1 Program Guidance and Technical Assistance The AAA will provide to the contractor guidance and fulfillment of the contract by the contractor. technical assistance as needed to ensure the successful 2.9.2 Contract Monitoring The AAA shall, at its own discretion, conduct monitoring concerning any aspect of the contractor's performance of this contract. SECTION III: METHOD OF PAYMENT 3.1 General Statement of Method of Payment The method of payment for this contract includes advances, cost reimbursement for administration costs, and fixed rate for services. The contractor shall ensure fixed rates for services include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The contractor shall consolidate all requests for payment from subcontractors and expenditure reports that support requests for payment and shall submit to the AAA on forms 106A (ATTACHMENT IX), 105AA (ATTACHMENT X-EXHIBIT 1), 105AS (ATTACHMENT X-EXHIBIT 2), and 105AE (ATTACHMENT X-EXHIBIT 3). 3.1.1 The contractor agrees to implement the distribution of funds as detailed in ATTACHMENT VII, Budget Summary. An amendment is required to change any amount, unit cost, or number of units by service. 3.2 Advance ]Payments 3.2.1 The contractor may request up to two months of advances at the start of the contract period, if available, to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the AAA by the State of Florida ("budget release"). The contractor shall provide the AAA's Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. 3.2.2 The contractor's requests for advance require the approval of the AAA's Contract Manager. If sufficient budget is available, the AAA will issue approved advance payments after January 1, 2011. 3.2.3 Requests for the first through the twelfth months shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests, if available is shown on ATTACHMENT VIII of this contract. 26/71 January 2011 Contract AA-1129 3.2.4 All advanced payments made to the contractor shall be recouped in accordance with the Reporting Schedule, ATTACHMENT VIII of this contract. 3.2.5 Interest earned on advances must be identified separately by source of funds, state or federal. Contractors shall maintain advances of federal funds in interest bearing accounts unless otherwise excepted in accordance with 45 CFR 74.22(k). Earned interest must be returned to the AAA at the end of each quarter. 3.3 Invoice Submittal and Requests for Payment All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106A (ATTACHMENT IX) , 105AA (ATTACHMENT X-EXHIBIT 1), 105AS (ATTACHMENT X- EXHIBIT 2), and 105AE (ATTACHMENT X-EXHIBIT 3). 3.3.1 All payment requests shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests (when available) and invoices is ATTACHMENT VIII to this contract. 3.3.2 Any payment due by the AAA under the terms of this contract may be withheld pending the receipt and approval of all financial and programmatic reports due from the contractor and any adjustments thereto, including any disallowance not resolved as outlined in Paragraph 26 of this contract. 3.3.3 Payment may be authorized only for allowable expenditures, which are in accordance with the limits specified in ATTACHMENT VII, Budget Summary. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 3.3.3.1 Monthly review of the Receipt and Expenditure Report and the Request for Payment Form by the Alliance will focus on: a. Line item comparison of year-to-date expenditures with the budget to monitor rate of expenditures. b. Allowable total reimbursement, on a service by service level, does not exceed budgeted/contractual amount. (No unilateral modified spending authority.) C. Validation of service units reported against CIRTS. d. Validation of service units reported against the Area Plan on Aging, fiscal module contract data housed in WebDB. 3.3.4 Date for ]Final Request for Payment The final request for payment will be due to the AAA no later than March 1, 2012. 3.4 Documentation for Payment The contractor shall maintain documentation to support payment requests that shall be available to the AAA or authorized individuals, such as Department of Financial Services, upon request. 3.4.1 The contractor must enter all required data per the department's CIRTS Policy Guidelines for clients and services in the CIRTS database. Data must be entered into CIRTS before the contractors submit their request for payment and expenditure reports. 3.4.2 The contractor run monthly CIRTS reports and verify that client and service data in CIRTS is accurate. This report must be submitted to the AAA with the monthly request for payment and expenditure report and must be reviewed by the AAA before the contractor's request can be approved by the AAA. 27/71 January 2011 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: Contract AA-1129 ATTACHMENT II (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000.00 and not more than $100,000.00 for each such failure. Signature Date Name of Authorized Individual Application or Agreement Number Name and Address of Organization DOEA Form 103 (Revised Nov 2002) 29/71 January 2011 FINANCIAL AND COMPLIANCE AUDIT Contract AA-1129 ATTACHMENT III The administration of resources awarded by the Department of Elder Affairs or the Alliance for Aging to the provider may be subject to audits and/or monitoring by the Department of Elder Affairs or the Alliance for Aging, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the department of staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Elder Affairs or the Alliance for Aging. In the event the Department of Elder Affairs or the Alliance for Aging determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Department of Elder Affairs or the Alliance for Aging to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of Elder Affairs or the Alliance for Aging by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal resources received from the Department of Elder Affairs or the Alliance for Aging. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Department of Elder Affairs or the Alliance for Aging shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs or the Alliance for Aging shall be fully disclosed in the audit report with reference to the Department of Elder Affairs or the Alliance for Aging agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs or the Alliance for Aging in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. 31/71 January 2011 Contract AA-1129 PART II: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of Elder Affairs or the Alliance for Aging by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Department of Elder Affairs or the Alliance for Aging, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1; the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Department of Elder Affairs or the Alliance for Aging shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs or the Alliance for Aging shall be fully disclosed in the audit report with reference to the Department of Elder Affairs or the Alliance for Aging agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs or the Alliance for Aging in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for - profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Department of Elder Affairs or the Alliance for Aging retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directly to each of the following: The Alliance for Aging, Inc.: Alliance for Aging, Inc. Attn: Horatio Soberon 760 NW 107'h Ave. Miami, FL 33172 32/71 January 2011 Contract AA-1129 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department of Elder Affairs at each of the following addresses: Department of Elder Affairs Attn: Beverly Friedberg 4040 Esplanade Way Office 325B Tallahassee, FL 32399-7000 Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the provider directly to each of the following: The Alliance for Aging, Inc. at each of the following addresses: Alliance for Aging, Inc. Attn: Horacio Soberon 760 NW 107`h Ave. Miami, FL 33172 The Department of Elder Affairs at each of the following addresses Department of Elder Affairs Attn: Beverly Friedberg 4040 Esplanade Way Office 325B Tallahassee, FL 32399-7000 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Department of Elder Affairs pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the Department of Elder Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence accompanying the reporting package. 33/71 January 2011 PART IV: RECORD RETENTION Contract AA-1129 The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued, and shall allow the Department of Elder Affairs or its designee, the CFO or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made available to the Department of Elder Affairs, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department of Elder Affairs. 34/71 January 2011 Contract AA-1129 ATTACHMENT III EXHIBIT 1 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act Administration U.S. Health and Human Services 93.044 $0.00 Title IIIB — Support Services Older Americans Act Administration U.S. Health and Human Services 93.045 $142,600.00 Title I11C1 — Congregate Meals Older Americans Act Administration U.S. Health and Human Services 93.045 $210,832.00 Title III C2 — Home Delivered Meals Older Americans Act Administration U.S. Health and Human Services 93.052 $67,560.00 Title III E — Caregiver Support Services TOTAL FEDERAI. AWARD $420,992.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 35/71 January 2011 PART I: AUDIT RELATIONSHIP DETERMINATION Contract AA-1129 ATTACHMENT III EXHIBIT 2 Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. X Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S. NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I-.006(2), FAC [state financial assistance] and Section — .400 OMB Circular A-133 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)* OMB Circular A-102 — Administrative Requirements OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFITORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non -Profit Organizations (Formerly OMB Circular A-122 — Cost Principles)* 2 CFF. Part 215 Administrative Requirements (Formerly OMB Circular A-110 — Administrative Requirements) Requirements) OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR. Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 — Cost Principles)* 2 CFP: Part 215 Administrative Requirements (Formerly OMB Circular A-110 — Administrative Requirements) OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A- 133 Compliance Supplement, Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 69I-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 37/71 January 2011 CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS Contract AA-1129 ATTACHMENT IV The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The contractor and any sub -contractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non -compliant, contractor(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the contractor (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The contractor and any sub-contractor(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub -contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Part 215 (formerly OMB Circular A-110). Name and Address of Contractor Signature Title Date Name of Authorized Signer (Revised June 2008) 39/71 January 2011 Contract AA-1129 40/71 January 2011 Contract AA-1129 ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1) The prospective contractor certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. Signature Title (Certification signature should be same as Contract signature.) Date Agency/Organization Instructions for Certification 1. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 2 CFR 376.10- 376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2. This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department may pursue available remedies, including suspension and/or debarment. 3. The contractor will provide immediate written notice to the Contract Manager if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4. The contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. 5. The contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 6. If the contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department may pursue available remedies, including suspension, and/or debarment. 7. The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. (Revised June 200 41/71 January 2011 ASSURANCES —NON -CONSTRUCTION PROGRAMS Contract AA-1129 ATTACHMENT VI Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT ANll BUllGEl, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.,4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C., 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C., 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office. and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensives Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g). 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C., 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C..1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C., 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C., 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C., 327-333), regarding labor standards for federally assisted construction subagreements. 43/71 January 2011 Contract AA-1129 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 1 1514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C., 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C..7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C., 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C..470), ED 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C., 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C., 4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I TITLE APPLICANT ORGANIZATION I DATE SUBMITTED 44/71 January 2011 Contract AA-1129 ATTACHMENT VII BUDGET SUMMARY WEBDB SUMMARY FOR THE AGENCY Service(s) to be Provided Service Unit Rate Maximum Units of Service Maximum Dollars Congregate Meals C 1 $9.56 $134,816 Congregate Screening C1 $20.00 $5,241 Nutrition Counsel ing C 1 $47.50 $1,906 Nutrition Education C 1 $63.58 $637 Home Delivered Meals C2 $6.13 $204,629 Screening & Assessment C2 $25.00 $5,841 Nutrition Education C2 $63.67 $362 In Home Respite 3E $23.08 $19,230 Facility Res ite 3E $10.34 $48,330 Total Contract $420,992 45/71 January 2011 CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On 1 January Advance* 2 February Advance* 3 January Expenditure Report 4 February Expenditure Report 5 March Expenditure Report 6 April Expenditure Report 7 May Expenditure Report 8 June Expenditure Report 9** July Expenditure Report** 10** August Expenditure Report** 11 September Expenditure Report 12 October Expenditure Report 13 November Expenditure Report 14 December Expenditure Report 15 Final Expenditure and Request for Payment 16 Close Out Report Legend: * Advance based on projected cash need. ** Recoupment of advance due with this report. Contract AA-1129 ATTACHMENT VIII Submit to AAA On This Date January 1 January 1 February 5 March 5 April 5 May 5 June 5 July 5 August 5 September 5 October 5 November 5 December 5 January 5 February 14 February 28 Note # 1: Report #1 for Advance Basis Agreements cannot be submitted to the Department of Financial Services (DFS) prior to January 1 or until the agreement with the Department has been executed and a copy sent to DFS. Actual submission of the vouchers to DFS is dependent on the accuracy of the expenditure report. Note # 2: All advance payments made to the contractor shall be returned to the Department by the submission date of report #9. The adjustment shall be recorded in Part C, 1 of the report (ATTACHMENT IX). Note #3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Department, payment is to accompany the report. 47/71 January 2011 Contract AA-1129 ATTACHMENT IX REQUEST FOR PAYMENT OLDER AMERICANS ACT PROVIDER NAME, ADDRESS, PHONE AND FED ID NUMBER TYPE OF REPORT: THIS REQUEST PERIOD: Advance Report # Reimbursement Agreement # Agreement Period: PSA : CERTIFICATION: I hereby certify to the best of my knowledge that this request conforms with the terms and the purposes set forth in the above agreement. Prepared By: Date: Approved By: Date: PART A: (1) (2) (3) (4) (7) (6) BUDGET SUMMARY ADMIN. III B IIIC1 IIIC2 Title IIIE TOTAL I. Approved Agreement Amount. 0.00 0.00 0.00 0.00 0.00 0.00 2. Previous Funds RECEIVED for Agreement period. 0.00 0.00 0.00 0.00 0.00 0.00 3. Agreement Balance 0.00 0.00 0.00 0.00 0.00 0.00 4. Previous Funds REQUESTED and Not Received. 0.00 0.00 0.00 0.00 0.00 0.00 5. Agreement Balance 0.00 0.00 0.00 0.00 0.00 0.00 PART B: FUNDS REQUESTED 1. 1st-2nd Months Request Only 0.00 0.00 0.00 0.00 0.00 0.00 2. Net Expenditures For Month 0.00 0.00 0.00 0.00 0.00 0.00 3. Additional Cash Needs (Attach Doc.) 0.00 0.00 0.00 0.00 0.00 0.00 4. Total 0.00 0.00 0.00 0.00 0.00 0.00 PART C: NET FUNDS REQUESTED: 1. Less: Over -Advance 0.00 0.00 0.00 0.00 0.00 0.00 2. Agreement Funds are Hereby Requested For 0.00 0.00 0.00 0.00 0.00 0.00 IDOEA FORM 106A revised 5/10 49/71 January 2011 Contract AA-1129 ATTACHMENT X EXHIBIT-2 RECEIPTS AND EXPENDITURE REPORT OLDER AMERICAN ACT PROVIDER NAME, ADDRESS, PHONE# AND FEID# Program Funding Source : THIS REPORT PERIOD FROM: TO: 11113 IIIC1 CONTRACT IIIC2 PERIOD: CONTRACT# REPORT# PSA# CERTIFICATION : I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by : Date : Approved by : Date PART A: BUDGETED INCOME/ RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. Federal Funds $0.00 $0.00 $0.00 2. State Funds $0.00 $0.00 $0.00 3. Program Income $0.00 $0.00 $0.00 % 4. Local Cash Match (CCE, HCE and Other) $0.00 $0.00 $0.00 5. SUBTOTAL: CASH RECEIPTS $0.00 $0.00 $0.00 & Local In -Kind Match $0.00 $0.00 $0.00 7. TOTAL RECEIPTS $0.00 $0.00 $0.00 PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Meals / Meal Agreements $0.00 $0.00 $0.00 2. Service Subcontractor $0.00 $0.00 $0.00 3. Other $0.00 $0.00 $0.00 4. Indirect Cost $0.00 $0.00 $0.00 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 % PART C : OTHER EXPENDITURES (For Tracking Purposes only) 1. Match a. Other and In -Kind $0.00 $0.00 $0.00 % b. Local Match $0.00 $0.00 $0.00 % 2. USDA Cash Received $0.00 $0.00 $0.00 % 3. TOTAL OTHER $0.00 $0.00 $0.00 % PART D : OTHER REVENUE AND EXPENDITURES 2. Addition Cost Alternative Program Income 3. Interest 1. Program Income (PI) a. Approved Budget $ a. Earned on GR Advances $ a. OAA Unbudgeted PI Receipts YTD b. Received YTD $ b. Return of GR Advance $ c. Expenditures $ c. Other Earned $ DOEA FORM 105as revised 11/09 51/71 January 2011 RECEIPTS AND EXPENDITURE REPORT OLDER AMERICAN ACT Contract AA-1129 ATTACHMENT X EXHIBIT 3 PROVIDER NAME, ADDRESS, PHONE# AND FEID# Program Funding Source : THIS REPORT PERIOD FROM: TO: CONTRACT Title III E PERIOD: CONTRACT# REPORT# PSA# CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by : Date : Approved by : Date PART A : BUDGETED INCOME/ RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. Federal Funds $0.00 $0.00 $0.00 % 2. State Funds $0.00 $0.00 $0.00 % 3. Program Income $0.00 $0.00 $0.00 4. Local Cash Match $0.00 $0.00 $0.00 % 5. SUBTOTAL: CASH RECEIPTS $0.00 $0.00 $0.00 % 6. Local In -Kind Match $0.00 $0.00 $0.00 % 7. TOTAL RECEIPTS $0.00 $0.00 $0.00 PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget A: Direct Services 1. Personnel $0.00 $0.00 $0.00 2. Travel $0.00 $0.00 $0.00 3. Building Space $0.00 $0.00 $0.00 % 4. Communication / Utilities $0.00 $0.00 $0.00 % 5. Printing / Supplies $0.00 $0.00 $0.00 % 6. Equipment $0.00 $0.00 $0.00 7.Other $0.00 $0.00 $0.00 B : Agreement Services 8. Services Subcontracted $0.00 $0.00 $0.00 9. TOTAL EXPENDITURES $0.00 $0.00 $0.00 % 10. DEDUCTIONS a. Total Local Match $0.00 $0.00 $0.00 % b. Program Income Used $0.00 $0.00 $0.00 % c. TOTAL DEDUCTIONS $0.00 $0.00 $0.00 % 11. NET EXPENDITURES $0.00 $0.00 $0.00 PART C : EXPENDITURES ANALYSIS 2. Units of Services Year to Date 3. Number of People Served Year to Date A. Expenditures by Services Year to Date: 1. Information ..................... 0.00 ........................ $0.00 ......................0.00 2. Assistance ..................... $0.00 ........................ $0.00 ..........................0.00 3. Counseling ..................... $0.00 ........................ $0.00 ..........................0.00 4. Respite ......................... $0.00 ........................ $0.00 ........ I................. 0.00 5. Supplemental Services..... $0.00 ........................ $0.00 .......................... 0.00 6. TOTAL ........................... $000 - Part B Line 11, column 3 should be equal to this total. PART D : GRANDPARENT SERVICES (reported by Federal Fiscal Year) FFY $ FFY $ FFY $ Match $ Match $ Match $ DOEA FORM 105AE revised 12/08 53/71 January 2011 Department of Elder Affairs Programs & Services Handbook, provided on CD. Also, available at the Department's Intranet site under, "Publications". Contract AA-1129 ATTACHMENT A 55/71 January 2011 CTOTF AF FI nOinA nCn noTRACkir nr 01 n=s wrr A IM^ Contract AA-1129 ATTACHMENT B CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Narne County AAA/Contractor Address Completed By City, State, Zip Code Date Telephone PART I. READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: 2. POPULATION OF AREA SERVED. Source of data: Total # % W11 % Black % Hispanic % Other % Female 3. STAFF CURRENTLY EMPLOYED. Effective date: Total # % White % Black % Hispanic % Other % Female % Disabled 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: Total # % White % Black % Hispanic % Other % Female % Disabled % Over 40 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total # % White % Black % Hispanic % Other % Female % Disabled PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with DOEA? If NA or NO, explain. 7. Compare the staff composition to the population. Is staff representative of the population? If NA or NO, explain. S. Compare the client composition to the population. Are race and sex characteristics representative of the Population? If NA or NO, explain. 9. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion or disability? If NA or NO, explain. NA YES NO ❑ ❑ ❑ NA YES NO ❑ ❑ ❑ NA YES NO ❑ ❑ ❑ NA YES NO ❑ ❑ ❑ 57/71 January 2011 Contract AA-1129 10. Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion or disability? If NA or NO, explain. NA YES NO ❑ ❑ ❑ 11. For in -patient services, are room assignments made without regard to race, color, national origin or disability? If NA or NO, explain. NA YES NO ❑❑❑ 12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain. 13. Are employees, applicants and participants informed of their protection against discrimination? If yes, how? Verbal ❑ Written ❑ Poster ❑ If NA or NO, explain. 14. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. 15. Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? If NA or NO, explain. NA YES NO ❑ ❑ ❑ PART III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 16. Has a self -evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? If NO, explain. 17. Is there and established grievance procedure that incorporates due process in the resolution of complaints? If NO, explain. YES NO 58/71 January 2011 ❑ ❑ 18. Has a person been designated to coordinate Section 504 compliance activities? If NO, explain. Contract AA-1129 YES NO u❑ 19. Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on the basis of disability? If NO, explain. 20. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? If NO, explain. YES NO ❑ ❑ ❑ ❑ PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000 OR MORE. 21. Do you have a written affirmative action plan? If NO, explain. YES NO ❑ ❑ 59/71 January 2011 Contract AA-1129 AAA USE ONLY Reviewed By In Compliance: YES ❑ NO" ❑ Program Office "Notice of Corrective Action Sent Date Telephone Response Due _/_/_ On -Site ❑ Desk Review ❑ Response Received DOEA Form 101-A, Revised May 2008 Page 2 of 2 57 60/71 January 2011 Contract AA-1129 ATTACHMENT B INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 2. Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA recipients and their sub -grantees, 45 CFR 80.4 (a). 7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff? 8. Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons, 45 CFR 80.3 (b) (6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a) and 45 CFR 80.1 (b) (2). 10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services, physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients, 45 CFR 80.3 (b). 11. For in -patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability, 45 CFR 80.3 (a). 12. The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy 61/71 January 2011 Contract AA-1129 or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services, 45 CFR 80.3 (a). 13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of HHS. The information may be supplied verbally or in writing to every individual, or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d). 14. Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color, creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self -evaluation to identify any accessibility barriers. Self -evaluation is a four step process: With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. Modify policies and practices that do not meet Section 504 requirements. Take remedial steps to eliminate any discrimination that has been identified. Maintain self -evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.), 45 CFR 84.6. 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b). 18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any alternative resources that can be used to provide equally effective services, (45 CFR 84.52 (d). 21. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246.41 CFR 60 and Title VI of the Civil Rights Act of 1964, as amended. 62/71 January 2011 Contract AA-1129 ATTACHMENT F EXHIBIT 1 DOEA Cost Analysis For Non -Competitively Procured Contracts In Excess Of Category II PROGRAM: TYPE OF SERVICE: 1 2 Column 3 Column 4 (to be completed by the contra Budget Line Item Amount Category Budget Category a. Salaries b. Fringe Benefits O C. Equipment w d. Telephone & Utilities _o .� e. Travel f. Printing & Supplies g. Other (Please list or attach details) Q h. Allocated Cost/Overhead TOTAL Client Services (Attach 4) v details) L TOTAL N Column 5 CONTRACT PERIOD: 63/71 January 2011 Contract AA-1129 ATTACHMENT F EXHIBIT 2 INSTRUCTIONS: COST ANALYSIS FOR NON-COMPETIVELY PROCURED CONTRACTS IN EXCESS OF CATEGORY II The purpose of the ATTACHMENT F, Exhibit 1, is to document that costs in non -competitively procured contracts in excess of $35,000 are allowable, reasonable and necessary. This form is required to be submitted by the contractor to the contract manager within 30 days of the contract execution date. Upon receipt of the form, the DOEA contract manager will: I . Evaluate each separate line item to determine whether the cost is allowable, reasonable and necessary. a. To be allowable, a cost must be allowable pursuant to state and federal expenditure laws, rules and regulations and authorized by the agreement between the state and the contractor. b. To be reasonable, a cost must be evaluated to determine that the amount does not exceed what a prudent person would incur given the specific circumstances. c. To be necessary, a cost must be essential to the successful completion of the program. d. Allocated costs/overhead should be evaluated to determine that the rate is reasonable. 2. Place the Cost Analysis for Non -Competitively Procured Agreements in Excess of Category II form in the official file for this contract at the Department of Elder Affairs. (1) In accordance with the following instructions, the contractor must complete COLUMNS 3, 4 AND 5 of the DOEA Cost Analysis For Non -Competitively Procured Contracts In Excess Of Category II worksheet (ATTACHMENT F, EXHIBIT 1) for the original contract and any amendment that affects the amount of compensation and/or the level of services provided. (2) Definition of Administrative Costs — a. Salaries/Wages: Are the charges to directly hire someone and put them on payroll. b. Fringe Benefits: Are the costs of health insurance, Social Security, Medicare, unemployment and other benefits paid on behalf of each employee. If fringe benefits will be based on a specified percentage, rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. c. Equipment: Equipment means an article of nonexpendable, tangible personal property generally having a useful life of more than one year and an acquisition cost that equals or exceeds the lesser of the established capitalization level of $5,000 (federal funds) or $1,000 or hardback bound books not circulated, with a value of $250.00 or more (state funds). d. Telephone and Utilities: Are items such as utilities and telephone service costs. e. Travel: Are those that are necessary, reasonable and allowable for carrying out the project. Travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means and at the authorized meal, per diem and state mileage reimbursement rates. f. Printing and Supplies: Are items such as office supplies, postage, and printing. g. Other Costs or Miscellaneous: Please explain/justify. Support documentation for other direct costs may include copies of published rates, copies of expense vouchers, and/or invoices. Support documentation for other costs or fees may include copies of published catalog prices, or copies of expense vouchers. h. Allocated Costs or Overhead: The contractor should attach a copy of the computation schedule supporting the allocated cost rate. Support documentation for allocated costs may be a federally -negotiated allocated cost rate agreement. If the contractor does not have a rate agreement, (1) sufficient information should be attached indicating how the rate used was determined and (2) if the rate was accepted and paid previously by either a federal agency or agency of the State of Florida, documentation to that affect should be provided. (3) Client Service costs should be documented via Area Agency on Aging Area Plans, Unit Cost information input into WebDB, or some other form of documentation to support the cost analysis. (4) The allocation to the agreement will be calculated based on the cost by line item cost divided by the total agreement amount. 64ni January 2011 Contract AA-1129 ATTACHMENT G Alliance for Aging, Inc. Aging Resource Center/Elder Helpline Policy and Procedure for Outsourced function - Screening Objective: To ensure that a comprehensive list of clients in need of services is maintained in CIRTS by appropriate funding source and that the ARC is thereby able to effectively gauge the level of elder service need in Miami -Dade and Monroe Counties. Policy: To obtain necessary information from clients in order to assist in determining level of need and eligibility for DOEA funded services Procedure: 1. ARC Contracted Providers will collect information from callers and conduct a 701A assessment. Alternatively, if a 701B assessment already exists or is provided from another source (i.e. CARES) the information from the 701B can be utilized. 2. Based on the information provided via the 701A(B) assessment, the ARC Contracted Provider will make a determination as to the services that the caller is in need of receiving (see Contract Amendment APCL). The ARC Contracted Provider will determine the appropriate funding source(s) that provides the needed services (see Contract Amendment APCL). 4. If the caller is in need of a service(s) that is not provided by the ARC Contracted Provider, the ARC Contracted Provider will refer caller to the ARC Elder Helpline utilizing the ARC Referral Form and/or to an ARC Contracted Provider that provides the needed service. 5. The caller will be provided with general information regarding the ARC as well as the ARC Elder Helpline contact number. 6. The caller will be informed of the services and funding sources that they are being placed on the wait list for in CIRTS. 7. ARC Contracted Provider will create a client record in CIRTS (if there is no existing record) and enter the services needed for the caller by funding source and service. [If there is an existing record in CIRTS, the appropriate fields will be updated]. 8. If the ARC Contracted Provider determines that the caller may qualify for more than one funding source, ARC Contracted Provider is encouraged to enter the appropriate information under multiple funding sources. [If there is an existing client record in CIRTS, the client record in CIRTS will be updated with appropriate information]. 9. ARC Contracted Provider will inform caller that they will receive a follow-up call (or home visit in case of active client) to check on their status based on DOEA Wait List Reassessment Standards and encourage caller to contact the ARC Elder Helpline with any questions. 65/71 January 2011 Alliance for Aging, Inc. Aging Resource Center/Elder Helpline Policy and Procedure for Outsourced function - Triage Contract AA-1129 Objective: To ensure that clients in need of DOEA funded services receive services based on the highest level of need, first, as funding becomes available. Policy: To assist clients in obtaining DOEA funded services as funding becomes available, based on level of need as determined by a CIRTS priority score. Procedure: 1. ARC Contracted Provider will conduct periodic follow-up calls (or home visit in case of active client) to check on client status based on DOEA Wait List Reassessment Standards. 2. Based on the information provided via the 701A(B) assessment, the ARC Contracted Provider will update the client information in CIRTS specifically as it pertains to level of need for services by funding source The ARC Contracted Provider will ensure that the CIRTS prioritization score is accurately maintained, according to DOEA Standards. 4. If the caller is in need of a service(s) that is not provided by the ARC Contracted Provider, the ARC Contracted Provider will refer caller to the ARC Elder Helpline utilizing the ARC Referral Form and/or to an ARC Contracted Provider that provides the needed service. 5. The caller will be informed of the services and funding sources that they remain on the wait list for and/or have been removed from the wait list for. 6. ARC Contracted Provider will advise client of any change in their CIRTS priority score based on the updated information. 7. ARC Contracted Provider will remind client of the ARC Elder Help Line contact number and to contact the ARC Elder Help Line with any questions or concerns. 8. As funding becomes available, ARC Contracted Provider will run CIRTS Prioritization Report and activate clients according to DOEA Standards (refer to ARC Client Activation Policies and Procedures). The Contracted Provider will apply targeting criteria, as appropriate, to prioritized clients to ensure activations meet programmatic requirements. 67/71 January 2011 Alliance for Aging, Inc. Aging Resource Center/Elder Helpline Policy and Procedure for Activation From Wait List — Clients/Services Contract AA-1129 Objective: To ensure that elders in need of DOEA funded services in Miami -Dade and Monroe Counties and on the CIRTS wait list begin to receive services as funding becomes available. Policy: ARC will work with ARC Contracted Providers to ensure that clients waiting for DOEA funded services begin to receive those services as funding becomes available. Procedure: ARC Contracted Provider will activate clients on CIRTS wait list based on DOEA prioritization polices and funding availability. 2. ARC Contracted Provider will update CIRTS status by funding source and service for any services being activated for the client using appropriate CIRTS codes. 3. Client may be left on wait list of a different funding source than the one being activated if ARC Contracted Provider determines that it is appropriate. 4. Client may also be left on wait list in CIRTS if they are being activated by the ARC Contracted Provider under a temporary non-DOEA funding source and ARC Contracted Provider determines that the clients need will persist after the temporary funding source is exhausted. 5. ARC Contracted Provider will inform the client of any services/funding source that they are being activated for as well as those services and funding sources that they will continue to be wait listed for. 6. ARC Contracted Provider will inform client to contact the ARC Elder Helpline if they have any questions or concerns regarding the status of any of their services. 69/71 Contract AA-1129 January 2011 Alliance for Aging, Inc. Aging Resource Center/Elder Helpline Policy and Procedure for Termination From Wait List — Clients/Services Objective: To ensure that the comprehensive list of clients in need of services in CIRTS is appropriately maintained by funding source and that the ARC is thereby able to effectively gauge the current level of elder service need in Miami -Dade and Monroe Counties. Policy: ARC will maintain an accurate and current list of clients in need of elder services in Miami -Dade and Monroe Counties with the assistance of the ARC Contracted Providers. Procedure: 1. ARC Contracted Provider will re -screen clients which the ARC Contracted Provider initially placed on the CIRTS wait list for services based on DOEA Reassessment Standards. 2. The re -screening may be in the form of a phone screening or a home visit depending on the clients status (i.e. active/pending) 3. ARC Contracted Provider will determine if the client is no longer in need (or eligible) for any of the services they were wait listed for. 4. ARC Contracted Provider will terminate the client from the wait list (entirely or by specific service) using the appropriate CIRTS termination code for any services or funding source for which the client is determined to no longer be eligible for or no longer in need of. 5. ARC Contracted Provider will inform the client of any services/funding source that they are being removed from the wait list for. 6. ARC Contracted Provider will inform client of their ability to be re -added to the wait list if their level of need should change. 7. ARC Contracted Provider will inform client to contact the ARC Elder Helpline if they have any questions or concerns regarding their wait list status. 8. Reference DOEA Notice of Instruction: Assessed Priority Consumer List#:062906-1-I-OVCS as applicable. 71/71