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Item C04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1/ 16/201.3 Bulk Item.- Yes X No Division: Denutv Coqnly Administrator Department.-. - ---Social Services Staff Contact Person: Sheaf Graharn. ( 3'A " ? - 4 _5 1.1 .. ....... . . . . . . ............ AGENDA ITEM WORDING.: Ratification of the Alliance f- or Aging, Inc Standard Contract, Older Americans Act (OAA) Contract AA- 13 )29 between the Alliance For Aging. Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services/In home and nutrition programs) for the current contract period of 1/1/13 to 12/31/13. ITEM BACKGROUND: Ratification of the Older Americans Act (OAA) contract will continue to provide Respite Services, Material Aid and Educational Services, Congregate Meal and Home delivered. meal Services to Monroe County's elderly and needy citizens. .......... . . . PRE VI RELEVANT BOCC ACTION.- Due to a deadline with the grantin . g . agency, AAA, Deputy County Administrator executed the ccntract on 12/26/2012. Prior approval granted to Amendment #006 to the Older Americans Act (OAA.) Contract #AA- 1. 229 on 12/1.2/201 ") . . . ........ . .... ... . CONTRACT/AGREEMENT CHANGES: N/A wm� STAFF RECOMMENDATIONS _0 Approval TOTAL COST.- $437,7C0. 0 BUDGETED: Yes X No COST TO COUNTY: $48,640,00 in kind (match. required) SOURCE OF FUNDS.* Grant funds REVENUE, PRODUCING: Yes - N/A No AMOUNT PER: MONTH: YEAR: APPROVED BY3: County Atty, X 1_ DOCUMENTATION,0 DISPOSITION: Revised 8/06 ip OMB/-_ urchasing Risk Management X Not Required To Follow AGENDAITEM ii".11 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS .. ............... CONTRACT SUMMARY Contract with: Alliance For Aging,, Inc. Contract- AA.- 1_329 (AAA) Effective Date: I / 1/2 013 Exp I ration Date: 12/3 1 /-`20 13 Contract Purpose/Description: Ratification of the Older Americans Act (OAA) Contract A.A.- 13")9 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services/in Home I zn .11 and Nutritional. Services). Contract Manager: Shervl Graham W, (Name) For BOCC meeti_ng on 1/ 16/420 013 4 "%� a erg t-x's/ 3 top I (Ext.) (Department/Stop #) A,Le,nda Deadline: 1 /'2"/2 0 1.3 CONTRACT COSTS Total Dollar Value of Contract: approx. $437,760.00 Current Year Portion: $ Budueted? Yes X No 01 Account Codes: County Match: $48,640.00 Additional Match: Total Match $48 640.00 Estimated Ongoing Costs: J_ -1 _ -1 - IV. 1 4 Division Director disk IManagement O.M.B./Purchasing C -itv A OLH ttornev C o-nments- i lyr 1.25-61-5113- 125-615213 125-615413- ADDITIONAL COSTS For: LC,9. Maintenance, utilities, janitorial, salaries,, et-C-) . . ......... ..... ... . CONTRACT REVIEW Changes Date Out Date In Needed Reviewer No Yes N! Yes No Je I Yes i coe, No lot O.,N,,I.B Form Revised 2/27/01 C. #2 . . .. . .......... OVA. Contract AA- 132.9 ALLIANCE FOR AGING, INC. STANDARD CONTRACT yORIGINil OLDER AMERICANS ACT PROGRAM TITLE III THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "AAA,'" and Mond'+ County Social Services. hereinafter referred to as the "Contractor", and collectively referred to as the "Parties.' The ter contractor for this purpose may designate a vendor, subgrantee or subrecipient, the status to be further identified ATTACHMENT III, Exhibit-2 as necessary. ' ITNESSETH THAT: WHEREAS, the AAA has established through the Area Plan. on Aging that it is in need of certain services as described here i and WHEREAS, the Contractor has de nonstrated that it has the requisite expertise and ability to faithfully perform such servic 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 conditions specified in th contract including all attachments and exhibits, which constitute the contract document. 1.1 Definitions DOFA means the Florida Department of Elder Affairs. AAA means the Alliance for Aging, Inc. PSA means the Planning and Service Area corresponding to Miami -Dade and Monroe Counties. 2. Incorporation of Documents within. the Contract The contract incorporates by reference the AAA's 201.2 OAA RFP, including any addenda; the Contractor' application in response to the 2012 OAA RFP; and the 201 1 DOEA Programs and Services Handbook. In the event c conflict in language among any of the documents referenced above, the order of preference shall be as follows: a) This contract, including all attachments and exhibits; b The 2012 OAA RFP; c) DOEA's 2011 Program and Services Handbook; and (d) The Contractor's application(s) submitted in response to the RFP. 3. Term of Contract This contract shall begin on January 1, 2013 or on the date on which the contract has been signed by the last part required to sign it, whichever is later. It shall end at midnight, local time in Miami, Florida, on December 31. 201 _ unless renewed or extended as provided herein. 4. Contract Amount The AAA agrees to pay for contracted services according to the terms and conditions of this contract in an amou not to exceed $ 437,760.00,, subject to the availability of funds. Any costs or services paid. for under any oth contract or from any other source are not eligible for payment under this contract. Renewals y mutual agreement of the parties, the AAA may renew the contract for five additional one year renewal period. - Any renewal is subject to the same terns and conditions as the original contract and contingent upon satisfactor performance evaluations by the AAA and the availability of funds. This contract may be extended upon mu tut, agreement for one extension period not to exceed six. months. o.AA. Contract AA- 13 2W9 6, Compliance with Federal Law 6A. If this contract contains federal funds the following shall apply: 6.1.E The Contractor 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 applicabl standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended 42 U.S.C. 7401, et seq.). s. 5C of the Federal 'water Pollution Control Act as amended 33 U.S.C. 12.51, et seq., Executive order 11738, 1 amended, and where applicable Environmental Protection Agency regulations 40 CFR. 30. The contractor shall repo anv violations of the above to the AAA. W 6.1 .3 The Contractor, or agent acting for the Contractor, may not use any federal funds received in connection. with th contract to influence legislation or appropriations pending before the Congress or any State legislature. If th contract contains federal funding in excess of 100,000.00, the contractor must, prior to contract execution, conpie` the Certification Regarding Lobbying form, ATTACHMENT II. All disclosure forms as required by tl� Certification Regarding .Lobbying form must be completed and returned to the Contract `tanager, prior to paymej under this contract. 6.1.4 In accordance with Appendix A to 2 CFR 215, the contractor shall comply with Executive order 1.1246, Equ,- Employment opportunity, as amended by Executive order 11375 and others, and as supplemented in Department c Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 6.1.5 If this contract contains federal funds and provides services to children up to age 18, the contractor shall comply wil the Pro -Children Act of 1.994 (20 U.S.C. 608 1.). 6.1.6 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall ni be made to parties listed on the government -vide Excluded Parties List System, in accordance with the OM guidelines at 2 CFR 180 that implement Executive orders 12549 and 12689, ".Debarment and Suspension." TI Excluded Parties List System. contains the names of parties debarred, suspended, or otherwise excluded by agencie as well as parties declared ineligible under statutory or regulatory authority other than :Executive order 12549. TI Contractor shall comply with these provisions before doing business or entering into subcontracts receiving feder funds pursuant to this contract. The Contractor shall complete and sign ATTACHMENT V prior to the execution � this contract. 6.2 The Contractor shall not employ an unauthorized alien. The AAA. shall consider the employment of unauthoriz( aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324 a) and the Immigration Reform. and Contr .Act of 1.986 (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 organizati( reporting requirements filing a Form 990 or Form. 990-N and has its tax exempt status revoked for failing to comp with the filing requirements of the 2006 Pension Protection Act or for any other reason, the Contractor must noti the A,AA. in writing within thirty 30 days of receiving the IRS notice of revocation. 6.4 The Contractor shall comply with Title 2 CFR Part 1.75 regarding Trafficking in Persons. 6.5 finless exempt under 2. CFR Part 1 0.1.10(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 1.70. 6.6 To comply with Presidential .executive order 12989 and State of Florida Executive order Number I I -1 16, Contractor agrees to utilize the U.S. department of Homeland Security's E -verify system to verify the employment of all new employees hired by Contractor during the contract term. Contractor shall include in 89 OAA Contract AA- 13 2W9 related subcontracts a requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-verify system to verify employment of all new employees hired by the subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7. Compliance with State Law 7.1 This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced 1 all respects in accordance with the Florida law, including Florida provisions for conflict of laws. 7.2 The Contractor shall comply with the requirements of s. 287.058, F.S. as amended. 7.2.1 The Contractor shall. provide units of deliverables, including various client services, and in some instances ma include reports, findings, and drafts, as specified in this contract, which the Contract Manager must receive an accept in writing prior to payment. 7.2.2 The Contractor shall submit bills for fees or other compensation for services or expenses in. sufficient detail for 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 tray( 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 shall allow public access to all documents, papers., letters, or other public records as defined i subsection 119.011.(1.2), F.S., made or received by the contractor in conjunction with this contract except for thos records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision sha 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 42', 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, i 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. 21.6.347, F.S., which prohibit th expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 7.6 In accordance with s. 287.1-35 F.S., any contractor on the Scrutinized Companies with Activities in Sudan List or th Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (Lists), created pursuant to 215.473 F.S., is ineligible to enter into or renew a contract funded through a DOEA contract for goods or services c $1. million or more. The Alliance may terminate this contract if the Contractor is found to have submitted a Pals certification. of its status on the Lists or has been placed on the Lists. Further, the Contractor is subject to civ, penalties, attorneys fees and costs and any costs for investigations that led to the finding of false certification. If thi contract contains $1. million or more, the Contractor shall complete and sign ATTACHMENT L, Certificatio, Regarding Scrutinized Companies Lists, prior to the execution of this contract. 8. Background Screeni"na The Contractor shall ensure that, prior to providing services, all persons having access to vulnerable elders an, children, their living area, funds or personal property, or protected health information. pertaining to such individuals shall pass a Level 11 criminal background screening in accordance with the requirements of s. 430.0402 and ch. 41V F.S., as amended. These provisions shall apply to employees, subcontractors., consultants, direct service providers an, volunteers. Consequently, any commitment for employment, purchase of services, or volunteer program participatiol shall be contingent upon the passing of a Level 11 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 check OA.A Contract AA- 1329 coordinated through law enforcement agencies. .I For purposes of this section, the terra ``direct service pro �ider1' means a person . years of age or older who, pursua p � to a provide ram ro to services to the elderly, has direct, face-to-face contact th a client while prow iding sere=ct program to the client or has access to the client's living areas or to the client's funds or personal. property. This term includc coordinators, managers, and supervisors of residential facilities and volunteers. . Grievance Procedures The Contractor shall develop and implement, and ensure that its subcontractors have established grievance procedur to process and resolve client dissatisfaction with or denial of services , and address complaints regarding tt termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimur should provide for notice of the grievance procedure and an opportunity for review of the subcontractor determinations. 10. Audits Ins ections Investi gions Public Records and Retention 10.1 The Contractor shall establish and maintain boobs, records and documents (including electronic storage media) sufficient to reflect all assets, obligations, unobligated balances, income, interest and expenditures of funds provided b the AAA under this contract. Contractor shall adequately safeguard all such assets and assure they a. used solely purposes for the authorized under this contract. Whenever appropriate, financial information should 1 related to performance and unit cost data. 10.2 The Contractor shall 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 ai records or documents during the required retention. period in Paragraph 10.2. 10.4 The Contractor shall assure that the records described in Paragraph 10 shall. be subject at all reasonable times 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 a Federal auditors, pursuant to 45 CF. 92.36(i)(I 0), shall be allowed full access to and the right to examine any of t Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form which kept. 10.6 The Contractor shall provide a financial and compliance audit to the AAA as specified in this contract and ATTACHMENT MENT III and to ensure that all related party transactions are disclosed to the auditor. 10.7 The Contractor shall comply and cooperate immediately with any inspections, reviews, investigations, or and deemed necessary by the office of the DOEA' s Inspector General pursuant to s. 20.055. F.S. I1. Nondlscrlminatlon-Gill hts corn fiance I1l1 The Contractor shall. execute assurances in ATTACHMENT VI that It will not discriminate against any person in 1 provision ision of services or benefits under this contract or in employment because of age, race, religion, color, disabil national origin, marital status or sex in. compliance with state and federal law and regulations. The Contractor fUrtl assurers that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services benefits in connection with any of its programs and activities are not discriminating against clients or employ( OAA Contract AA- 13 2 because of age, race, religion, color, disability, national origin, marital. status or sex. 1.1.2 During the term of this contract, the Contractor shall complete and retain. on file a timely, complete and accurate Cis` Rights Compliance Checklist ATTACHMENT B), 11.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involviil services or benefits through this contract. These procedures will include notifying clients, employees, atl 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 feden financial assistance, and are binding upon. the Contractor, its successors, transferees, and assignees for the perk during 'which such assistance is provided. The Contractor further assures that all subcontractors, vendors, or oche, with whom it arranges to provide services or benefits to participants or employees in connection with any of i programs and activities are not discriminating against those participants or employees in violation. of the aboN statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that tf AAA may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek oth( appropriatejudicial or administrative relief, including but not limited to, termination of and denial of furth( assistance. 1..2. provision of Services The Contractor shall provide services in the planner described in ATTACHMENT I. 1.3. Monifton'ng by the A A The Contractor shall permit persons duly authorized by the AAA to inspect and copy any records, papers, document facilities, goods and services of the Contractor which are relevant to this contract, and to interview any client employees and subcontractor employees of the Contractor to assure the AAA of the satisfactory performance of tl^ terms and conditions of this contract. Following such review, the AAA will deliver to the Contractor a written repo of its findings and request for development, by the Contractor, a corrective action plan where appropriate. Tr Contractor hereby agrees to timely correct all deficiencies identified in the corrective action plan. 14. Coordinated Monitorin with Other Agencies If the Contractor receives funding from. one or more of the State of Florida human service agencies, in addition .AAA funding, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of th contract, and pursuant to s. 287.05 5, F.S. as amended, Florida's human service agencies shall include tf Department of Children and Families, the Department of Health., the Agency for Persons with Disabilities, tr Department of Veterans Affairs, and the Department of Elder Affairs. Upon notification and the subsequei scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comp] and cooperate with all monitors, inspectors, and/or investigators. 1..5. Indemnification The Contractor shall indemnify, save, defend, and hold harmless the AAA and its agents and employees from any ar? all claims, demands, actions, causes of action of whatever nature or character. arising out of or by reason of tf execution of this agreement or performance of the services provided for herein. it is understood and agreed that tf Contractor is not required to indemnify the AAA. for claims, demands, actions or causes of action arising solely out c the AA.A.s negligence. 15.1 Except to the extent permitted by s. 768." 8, F.S., or other Florida law, Paragraph 15 is not applicable to contras executed between the AAA and state: agencies or subdivisions defined in s. 78.282., F.S. 16. Insurance and Bondin 1..1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contra, and any renewals and extensions of it. By execution of this contract, sinless it is a state agency or subdivision OAA Contract AA-1329 defined by subsection 768.28(2), F.S., the Contractor accepts full responsibility for identifying and determining th type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Contractor an: the clients to be served tinder this contract. The limits of coverage under each policy maintained by the Contractor d not limit the Contractor's liability and obligations under this contract. The Contractor shall. ensure that the AAA ha copy of the most current written verification of insurance coverage throughout the term of this contract. Suc coverage may be provided by a self-insurance program established and operating under the laws of the State Florida. The AAA reserves the right to require additional insurance as specified in. this contract. k_� 16.2 Throughout the term of this agreement, the Contractor shall maintain an insurance bond from. a responsibi commercial insurance company covering all officers, directors, employees and agents of the Contractor authorized I Z7 handle funds received or disbursed under all. agreements and/or contracts incorporating this contract by reference i an amount commensurate with the funds handled, the degree of risk as determined by the insurance company an consistent with good business practices. 4:� 17, Confidenflafily of Information concerning a recipient of services under this contract for ar The Contractor shall not use or disclose any information purpose prohibited by state or federal law or regulations except with the written consent of a person leol authorized to give that consent or when authorized by law. v y 18. Health Insurance Portabilitand AccountabiffitAct Where applicable, the Contractor shall comply with the Health Insurance Portability and Accountability Act (42 US 1320d.), as well as all regulations promulgated thereunder (45 CFR 1.60, 1.62, and 164). 19. Incident Rep2rfing -eight (48) hours from the Contracto� 1.9. The Contractor shall notify the AAA immediately, but no later than forty awareness or discovery of conditions that may materially affect the Contractor or subcontractor's ability to perfoi the services required to be performed under this contract. Such notice shall be made orally to the Contract Mana� (by telephone) with an email to immediately follow. 1.9.2 The Contractor shall in report knowledge or reasonable suspicion of abuse, neglect, or exploitation o- chi ld., aged person , or disabled adult to the Florida Abuse Hothne on the statewide toll -free telephone numl (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Contractor a its employees. 20, New Contractis eportiLig with any of the four (4) st The Contractor shall. notify the AAA within ten (10) days of entering into a new contract human service agencies other than DOEA. The notification shall include the following information: (1) contract state agency,; (21.) contract name and number; (3) contract start and end dates ; (4) contract amount'; (5) contr description and commodity or service; and (6) Contract Manager name and number. In complying with I this provisi nformation and pursuant to s. 287.0575, F.S. as amended, the Contractor shall complete and provide the i ATTACHMENT D. 21. Bankru tc Notification affiliates files a ck If, at any time during the term of this contract, the Contractor., its assignees, subcontractors or affifi for ban.kruptcy, the Contractor must immediately notify the AAA. Within ten (10) days after notification, Contractor must also provide the following information to the AAA: (1) the date of filing of the bankruptcy petite (2) the case number; (3) the court name and the division in which the petition was filed (e. g., Northern. Districi Florida, Tallahassee Division)- and, (4) the name, address, and telephone number of the bankruptcy attorney. 22. Sponsors and Publ.1'eity OAA Contract A.A- 13 29 22 'J As required by s. 286.25, F.S., if the Contractor is a non -governmental organization which sponsors a progra financed wholly or in part by state funds, including any funds obtained thrOLlorh this contract, it shall, in publicizin .Ir 4-1 Z� advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name),, the State Florida Department of Elder Affairs and the Alliance for Aging, Inc." If the sponsorship reference is in writtc material, the words State of Florida, Department of Elder Affairs"' and "Alliance for Aging, Inc." shall appear in least the same size letters or type as the name of the organization.. 22.2 The Contractor shall not use the words "The State, of Florida Department of Elder Affairs" or "'Alliance for Agin, Inc." to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by tf AAA prior to use. 23. Assignments 23.1 The Contractor shall not assign the rights and responsibilities under this Contract without the prior written approv; of the AAA, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurfir without prior written approval of the AAA will constitute a material breach of the contract. 23.2 The AAA shall at all times be entitled to assign or transfer, in. whole or part, its rights, duties, or obligations undt Z�� this contract to another agency upon giving prior written notice to the Contractor. In the event the A.A.A. approv( transfer of the Contractor's obligations, the Contractor remains responsible for all work performed and all expense incurred in connection with the contract. 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 pursuant to this contract and the service provider application I response to the 201.2 OAA RFIP, whether actually furnished by the Contractor or its subcontractors. Any subcontract shall be evidenced by a written document and subject to any conditions of approval the A.A.A. deems necessary. Tip Contractor further agrees that the AAA shall not be liable to the subcontractor in any way or for any reason. T11 Contractor, at its expense, shall. defend the AAA against any such claims. 24,2 The Contractor shall promptly pay any subcontractors upon receipt of payment from the AAA or other sponsorin agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, F.S., unless otherwise state in the contract between the Contractor and subcontractor, will result in a penalty as provided by statute. 25. Independent Capacl*!y of Contractor It is the intent and understanding of the Parties that the Contractor, or any of its subcontractors, are independer contractors and are not employees of the A.A.A. and shall not hold themselves out as employees or agents of the AAY without specific authorization from the AAA. It is the further intent and understanding of the Parties that the AAY 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. A, deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation. fund and all necessary insurance for the Contractor shall be the sole responsibility of the Contractor. 26. Pa.1ment Payments will be made to the Contractor pursuant to s. 71-5.422, F.S., as services are rendered and invoiced by th. Contractor. The AAA's Contract Manager will have final approval of the invoice for payment, and will approve th. invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bi4 specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to thl AAA's fiscal section for budgetary approval and . Disputes arising over invoicing and payments will bi W processing. resolved in accordance with the provisions of s. 21.5.42.2 F.S. OAA Contract AA- 13 29 1. Return of Funds The Contractor will return to the AAA any overpayments due to unearned funds or funds disallowed and any intere attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the Contract, by the AAA. in the event that the Contractor or its independent auditor discovers that an overpayment has be( made, the Contractor shall repay said overpayment immediately without prior notification from the Q.A.A. In tl event that the AAA first discovers an overpayment has been made, the Contract 'tanager, on behalf of the AAA, w notify the Contractor by letter of such findings. Should repayment not be made forthwith, the Contractor will I charged at the lawful rate of interest on the outstanding balance pursuant to s. 5 .03, F.S., after AAA notification Contractor discovery. 28. Data Inte rit and SafeguardingSafeguardi*ng Information The Contractor and its subcontractors shall insure an appropriate level of data security for the information tl Contractor is collecting or using in the performance of this contract. An appropriate level of security include approving and tracking all contractor employees that request system or information access and ensuring that use access has been removed from all terminated employees. The Contractor, among other requirements, must anticipa and prepare for the loss of information processing capabilities. All data and software must be routinely backed up insure recovery from losses or outages of the computer system. The security over the backed -up data is to be stringent as the protection required of the primary systems. The Contractor must maintain written procedures f( computer system back up and recovery. The Contractor shall complete and sign ATTACHMENT IV prior to tf execution of this contract. 29, Computer Use and Social Media Polio The DOEA has implemented a new Social Media Policy, in addition to its Computer Use Policy, which applies to all employees, contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third parties, such as, but not limited to, Area Agencies on Aging and vendors. Any entity that uses the DOEA's computer resource systems must comply with the DOFA's policy regarding social media. Soc Media includes, but is not limited to blogs, podcasts, discussion forums, wikis, R.SS feeds, video sharing, social networks like MySpace, Facebook and Twitter, as well as content sharing networks such as flickr and YouTube (ATTACHMENT E). 30. Conflict of Interest The Contractor shall establish safeguards to prohibit employees, board members, management and subcontracto3 from using their positions for a purpose that constitutes or presents the appearance of personal or organization; conflict of interest or personal gain. No employee, officer or agent of the Contractor or subcontractor shall participal in selection, or in the award of an agreement supported by State or Federal. funds if a conflict of interest, real t apparent, would be involved. Such a conflict would arise when.- (a) the employee, officer or agent; (b) any member his/her immediate family; c his or her partner, or; (d) an organization which employs, or is about to employ, any t the above, has a financial or other interest in the firm selected for award. The Contractor or any subcontractor' officers, employees or agents will. neither solicit nor accept gratuities, favors or anything of monetary value fro contractors, potential contractors, or parties to subcontracts. The Contractor's board members and management mu: disclose to the AAA any relationship which may be, or may be perceived to be. a conflict of interest within thirty Y calendar days of an individuals original appointment or placement in that position, or if the individual is serving an incumbent, within thirty calendar days of the commencement of this contract. The Contractor's employer and subcontractors must make the same disclosures described above to the Contractor's board of director Compliance with this provision will. be monitored. 31.. Public Entity Crime Pursuant to s. 2.87.133, F.S., the following restrictions are placed on the ability of persons convicted of public entit cries to transact business with the AAA.. A person or affiliate who has been placed on the convicted vendor l ik following a conviction for a public entity crime may y not submit a bid, proposal, or reply on a contract to provide an OAA Contract AA- 1329 goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for tl construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of re property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consulta under a contract with any public entity; and may not transact business with any public entity in. excess of tl threshold amount provided in. s. 287.01.7, F.S., for CATEGORY TWO for a period of 36 months following the date being placed on the convicted vendor list. 32, Blank 33. Patents Com rI its � altles If this contract is awarded state funding and if any discovery, invention or copyrightable material is develope+ produced or for which ownership was purchased in the course of or as a result of work or services performed und( this contract, the Contractor shall refer the discovery, invention or material to the AAA to be referred to tl- Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to tf State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 2.8 .0571 (5) (k) 1 and 2 as amended, the on] 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 of Florida shall retain a unencumbered right to use such property, notwithstanding any agreement made pursuant to Paragraph 33. 33.2 If this contract is awarded solely with federal funding, the terms and conditions are governed by 2 CAR 215.36 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 th administration and coordination of services necessary for client health, safety or welfare, the Contractor shall, withi thirty (30) calendar days of the execution of this contract, submit to the Contract Manager verification of a emergency preparedness plan (Continuity of operations Plana In the event of an emergency, the Contractor sha 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 responsibilit for performance under this contract and must follow procedures to ensure continuity of operations withot interruption. 35. P11R 1000 Port State of Florida, Department of Management Services PIMP. 1000 Form is hereby incorporated by reference. In th event of any conflict between the PIER 1000 Form and any terms or conditions of this contract the terns or condition of this contract shall take precedence over the PIER 1000 Form. However, if the conflicting terms or conditions in th PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PI. I 1000 Form shall take precedence. 3 * Use of State Funds to Purchase or Improve Real Pro ert� Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor o political. subdivision granting to the state a security interest in the property at least to the amount of state fund provided for at least 5 years from the date of purchase or the completion of the improvements or as farther requires by law. 3. Dispute Resolution Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce th, OAA Contract AA- 13 29 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 customary for the industry, then the AAA may apply financial consequences commensurate with the deficiencl Financial consequences may include but are not limited to con -tract suspension..,, refusing payment,, withholdin payments until deficiency is cured, tendering only partial payments, and/or cancellation of contract and reacquirill 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 th., were the responsibility of the AAA. 39. No Waiver of Sovereian Immnnit Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to whit Z:� 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 representation shall be valid or binding upon the AAA or the Contractor unless expressly contained herein or by a writtc amendment to this contract signed by both Parties. 42. Force Maier re The Parties will not be liable for any delays or failures in performance due to circumstances beyond their contrc provided the party experiencing the force majeure condition provides immediate written notification to the other part and takes all reasonable efforts to cure the condition. 43. Severabilily Clause 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: Appron6aflons The Parties agree that the AAA's performance and obligation to pay under this contract is contingent upon an annu; appropriation by the Legislature. 45. Addiflon/Deletion The Parties agree that, notwithstanding the terms of the procurement documents and actions leading to this contras Z:� the AAA reserves the right to add or to delete any of the services required Linder this contract when deemed to be 1 the best interest of the elder population targeted by the Area Plan and reduced to a written amendment signed by bol 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 1: W 11 deemed a waiver of the AAA's right thereafter to enforce those rights, nor shall any single or partial. exercise of ar such right preclude any other or further exercise thereof or the exercise of any other right. 47. Comp iance The Contractor shall abide by all applicable current federal statutes,, laws., rules and regulations as well as appli.cab. .Ir current State statutes. laws, rules and regulations. The Parties agree that failure of the Contractor to abide by they laws shall be deemed an event of default of the Contractor, and subject the contract to immediate, unilater, M= OAA Contract AA- 1329 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 fin. request for payment) of ATTACHMENT L If the Con -tractor falls to submit final request for payment bra tf deadline, then all rights to payment may be forfeited and the AAA may not honor any requests submitted after tf aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due fro,:: the Contractor and necessary adjustments thereto have been approved by the AAA. 49. Reny i4otiations or Modiffications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and dul signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect pric level increases and chancres, in the rate of payment when these have been established through the appropriation Z7 Zn process and subsequently reflected in the AAA's contract with DOEA pursuant to which the AAA administei funding under this contract. 50. lermination 50,1 This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice i writing to the other party unless a sooner time is mutually agreed upon. in writing. Said notice shall be delivered b U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to th 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 contra( upon no less than twenty-four (24) hours notice in writing to the Contractor. Said notice shall be delivered by U.tl_ Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to th Contract Manager or the representative of the Contractor responsible for administration of the contract. The AA) will be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, th Contractor will be compensated for any work satisfactorily completed prior to the date of termination. 5 m '"0 .3 This contract may be terminated for cause by the AAA upon no less than twenty-four (24) hours notice in writing t the Contractor. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any otfic breach and shall not be construed to be a modification of the terms and conditions of this contract. The provision herein do not limit the AAA's or the Contractor's rights to remedies at law or in equity. Z:� 50.4 Failure to have performed any contractual obligations with the AAA in a manner satisfactory to the AAA will be sufficient cause for termination. To be terminated as a contractor under this provision, the Contractor must have (I previously failed to satisfactorily perform. in. a contract with the AAA, been notified by the AAA of the unsatisfactor, performance and failed to correct the unsatisfactory performance to the satisfaction of the AAA,- or (2) had a contra( terminated by the AAA for cause. 51. Electronic Records and Signature The A.A.A. authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this Contract. A contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the, requirements contained in. the Un�form, Electronic Transaction Act, s. 668.50, Fla. Stat. All electronic records must be fully auditable; are subject to Florida "s Public Records Law, ch. 11.9, Fla. Stat.; must comply with section 28. Data Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the Contractor to the same extent as non -electronic records are retained and maintained as required by this Contract. N= OAA Contract AA- 13'4N 51.1 The AAA's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the AAA. The Contractor is authorized to conduct electronic transactions with the AAA only upon further written consent by the AAA. 51.2 Upon. request by the AAA, the Contractor shall provide the AAA or DOEA with non -electronic (paper) copies records. Non -electronic (paper) copies provided to the AAA of any document that was originally in electronic form. with an electronic signature must indicate the person and the person's capacity who electronically signed the document on any non -electronic copy of the document. 52., Official Payee and Representatives (Names, Addresses, and Telephone Numbers). - The Con -tractor name, as shown on page I of this Contractor's name and address a. contract, and mailing address of the of cial. payee to whom the payment shall be made is: The name of the contact person and street address Finance person for contractor and address b. where financial and administrative records are maintained is: C. The name, address, and telephone number of the Contractors CEO Info. representative of the Contractor responsible for administration of the program under this contract is: d• The section and location within the AAA where Associate Vice President Finance Requests for Payment and Receipt and Expenditure 760 NW 107th Avenue, Suite214 forms are to be mailed is: Miami, Florida 331.72-3155 Contract Manager e. The name, address, and telephone number of the Alliance for Aging, Inc. Contract Manager for the AAA for this contract is: 760 NW 107th Avenue, Suite 21.4 Miami, Florida 33172-31.55 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. OAA Contract AA- 1. 32? 9 53* All Terms and Conditions Included This contract and its Attachments. I through X, A, B, D, E. F. G, H. J, K, L and any exhibits referenced in sai attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upo by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and thi contract shall supersede all previous communications, representations or agreements, either written or verbal betwee the Parties. By signing g this contract, the Parties agree that they have read and agree to the entire contract. Z75 IN WITNESS THEREOF, the Parties hereto have caused this 1.3 page contract, to be executed by their undersigned official as duly authorized. Monroe County Boca l Services, ALLIANCE FOR AGING, INC. SIGNED BY. - NAME: MAX B. ROTHMAN, JD, LL.M. TITLE: _N'PAC�q O�WAAJ A�Al I S_6�TITLE: DATE: DATE: ........................................ . ........ MONRPE COUNTY ATTORNEY A RO ED A M Y PN�17 I' ALL ASS[.. NT COUNTY ATTORNEY I Date 0 PRESIDENT AND CEO RM OAA Conlract AA-1.37.9 53* L) 1. Le,'.v R n d fit" ix!;) -Induded This contoct md R',4; Alukohmeim, I throtigh X� A, a? D, B, F, 0. H, J, K, L md my exhibits 1-cfeiiiied tnuld 3431�11=11ts. topther with a document-S il%4001-poratod by A-0,fer(Amce? OoR411nall the agr("Od 11pon by the Part es. There am no prov"IsIAMS, wrMS, coati ins, *I Obligatiolls OthOr An thoso c*1101willd I and thi15 contrad A111t Stipeideall or vrz-rNtl Ntweefl tho Pirtiles. By 'Cogill" Qg th I's Cow mt-o the Paxiitihds agree Mac they have read and ql ee to the eim M �QIIMt!ct. IN! WITNESS MPMEOFt Rim Puts Jlete(O b"Ive CAU,','ed thk 13 P90 COMMiCto 10 bO OXMIPd by her widem, Igned officials I Y cutth:06zed, SIGNED ayiii NAME as TM,En; Monroe County So6al Sorvjves-* 01, n I' i, A 1'i c4a . I ----------------- AUZ 1 . .. . . . . . . . ALLIANCE. FOR AGfNG, INC* AW I SIGNED BYIM TIT PM1DPNT AND CP,() 4 DEC 2 8 DATEn- OAA Contract AA- I 32W9 ATTACHMENT ATTACHMENT DESCRIPTION PAGE ATTACHMENT I STATEMENT OF WORK 15-29 ATTACHMENT 11 CERTIFICATION REGARDING LOBBYING 3.1. ATTACHMENT III FINANCIAL COMPLIANCE AUDIT ATTACHMENT 33-35 ATTACHMENT III FEDERAL RESOURCES AWARDED PURSUANT TO THIS 37 EXHIBIT I. AGREEMENT ATTACHMENT III . AUDIT REPLATIONSHIP DETERMINATION . . .. .......... 39 EXHIBIT 2 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE .... 41 ATTACHMENT V CERTIFICATION REGARDING DEBARMENT,, SUSPENSION, 43 INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUB CONTRACTS ATTACHMENT VI ASSURANCES — NON -CONSTRUCTION PROGRAMS 45-46 ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE 47 ATTACHMENT VIII OLDER AMERICANS ACT CONTRACT REPORT CALENDAR 49 ATTACHMENT IX REQUEST FOR PAYMENT 51 ATTACHMENT X, RECEIPTS AND EXPENDITURES, TITLE IIIB, 111C I, AND IIIC2 53 EXHIBIT 2 ATTACHMENT X, RECEIPTS AND EXPENDITURES, TITLE IIIE 55 EXHIBIT 3 ATTACHMENT A DEPARTMENT OF ELDER AFFAIRS' PROGRAMS & SERVICES 57 HANDBOOK (ON ALLIANCE FOR AGING., INC. INTERS ET SITE) ATTACHMENT B DEPARTMENT OF ELDER AFFAIRS' CIVIL RIGHTS COMPLIANCE 59-64 CHECKLIST AND INSTRUCTIONS ATTACHMENT D PROVIDER" S STATE CONTRACTS LIST 65 ATTACHMENT E DEPARTMENT" S COMPUTER USE POLICY AND ITS SOCIAL MEDIA 67 POLICY, PROVIDED ON CD INSTRUCTIONS ATTACHMENT F INTENTIONALLY OMITTED. ATTACHMENT G BACKGROUND SCREENING — AFFIDAVIT OF COMPLIANCE 69 ATTACHMENT H VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION 71 ATTACHMENT I INTENTIONALLY OMITTED, ATTACHMENT J BUSINESS ASSOCIATE AGREEMENT 73-79 ATTACHMENT K ADRC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS 81-87 ATTACHMENT L CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST 89 INDEX TO CONTRACT ATTACHMENTS Em OA-A Contract A.A- 132? 9 ATTACHMENT I ALLIANCE FOR AGING. INC. STATEMENT OF WORK OLDER AMERICANS ACT PROGRAM TITLE III SECTION 1: SERVICES TO BE PROVIDED III 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 (Previous setting, it means Alliance for Aging, Inc.) APCL — Assessed Priority Consumer List CIRTS — Client Information and Registration Tracking System DOEA — Department of Elder Affairs (The Department) FLAIRS — Florida Alliance of Information and Referral Services I&R — Information and Referral IADL — Instrumental Activities of Daily Living MOA — Memorandum of Agreement MO U — Memorandum of Understanding OAA —Older Americans Act PSAs — Planning and Service Areas WebDB — Web based Database System 1.1.2 PROGRAM SPECIFIC TERMS Area Plan--, A plan. developed by the area agency on aging outlining a comprehensive and coordinated service deliver system. in its planning and service area in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Ac and DOEA instructions. Area Plan Update: A revision to the area plan wherein the area agency on aging enters OAA specific data in the Client Information and Registration Tracking System. (CIRTS). An. update may also include other revisions to th( area plan as instructed by the DOEA. Child-. An individual who is not more than 1.8 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 an( community care to an older individual. Frail: When an older individual is unable to perform at least two activities of daily living (ADLs) 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 Z7 Zn and who lives with the chil& is the primary caregiver of the child because the biological or adoptive parents an unable or unwilling to serve as the primary caregiver of the child; and has a legal relationship to the child, such & �11� legal custody or guardianship, or is raising the child informallv. Z7 .7 Z�� Z� .7 OAA Contract AA- 13 29 .1.2 ALLIANCE FOR AGING, INC. MISSION STATEMENT The Alliance for Aging Inc."s mission is to promote and advocate for the optimal quality of life, for older adults and their fay flies. 13 GENERAL DESCRIPTION 13.1 General Statement The OAA Program is a federal program initiative that provides assistance to older persons and caregivers and is th only federal supportive services program directed solely toward improving the lives of older people. The prograr provides a framework for a partnership among the different levels of government and the public and private sector with a common objective, improving the quality of life for all older individuals by helping them to remai independent and productive. The primary purpose of the OAA program is to foster the development an: implementation of comprehensive and coordinated systems to serve older individuals. The OAA program use these systems to assist older individuals to attain and maintain maximum independence and dignity in a hom. environment and allows for the capability of self -care with appropriate supportive services. 13.2 Authority The relevant references authority governing the OAA program are: Z7) (1) Older Americans Act of 2006, as amended, (2) Rule 58A-1, Florida Administrative Code; and (3) Section 430.1-01., Florida Statutes. .1.3,2.1 Incorporation of Reference Memoranda In accordance with the AAA's Contract with DOEA, the following Florida Department of Financial Services, Chie Financial Officer Memoranda, are provided for informational purposes and incorporated by reference: (1) CFO Memo No. 02: Release date, August 20, 20 10; (2) CFO Memo No. 03: Release date, June 29,2010; and (3) CFO Memo No. 06: Release date, June 30,2010. 1,33 Scope of Service The Contractor is responsible for providing the services as required by this contract and as described in thk Contractor's application(s) submitted in response to the 201.2 OAA RFP. The services shall be provided in a manne-, consistent with and described in the current Department of Elder Affairs Programs and Services Handbook. 1.3.4 Major Program Goals The major goals of the OAA program are to improve the quality of life for older individuals, preserve theii independence and prevent or delay more costly institutional care. These goals are achieved through th( implementation of a comprehensive and coordinated service system that provides a continuum of service alternative that meet the diverse needs of elders and their caregivers. 11 1.4.1 Eligibility (Title III Programs) OAA Title III, General Consumers shall not be dually enrolled in an OA-A program and a Medicaid capitated long-term care program. 1.4.1.2 OAA Title 11113, Supportive Services Eligibility for OAA Title 11111, Supportive Services, are as follows. OAA Contract AA- .32 (1) Individuals age bo or older; and 2 Information and Referral/Assistance services are provided to individuals regardless of age. 1.4,1.3 OAA Titles IIIC1 and C2, Nn.trition Services, General General factors that should be considered in establishing priority for Nutrition Services, both. C I and CZ, includ those older persons who: 1 Cannot afford to eat. adequately; (2) luck. 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 cool. for themselves; or (4) Have a disabling illness or physical condition requiring nutritional support or have been screened at a hig nutritional risk. 1,4,1.3.1 OAA Title IIIC 1, 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 ti 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 olde 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 11IC2, Horne 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 congregate nutrition program. Individuals eligible to receive home delivered meals include the following: (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 mea supports maintaining the person at home; 3) Individuals with disabilities, regardless of age, who reside at home with eligible individuals and are dependen on there 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 otherw st isolated and unable to attend a congregate nutrition site. 1.4.1.4 OAA. Title /11E, Caregiver Support Services Eligibility for OAA. Title ITTE, Caregiver Support Services, are as follows: 1 :family caregivers of individuals age 60 or older; 2 grandparents (age 55 or olden 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 an( related disorders with neurolo,fical and organic brain dysfunction and for grandparents or older individual who are relative caregivers who provide care for children with severe disabilities; and. 1 9 OAA Contract A.A..- 1. 3� 9 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 needs, 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 11 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; and Section. 373, Title HIE Caregiver :Support Services. RM OAA Contract A.A-1329 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; (10) Emergency Alert Response; (2) Caregiver Training Support; 11.) Escort; (3) Chore Services; (12) Homemaker; (4) Companionship; (13) Housing Improvement; (5) Counseling (Gerontological and Mental (14) Personal Care; Health}-, (6) Education/Training- (15) Shopping Assistance- (7) Legal Assistance, (16) Specialized Medical Equipment, Services, and Supplies; (8) Material Aid; (17) Respite Services; (9) Recreation; (18) Screening/Assessment; (19) 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 the following: (1) Congregate meals; (2) Congregate meals screening; (3) Nutrition education and nutrition counseling. 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 the following: (1) Home delivered meals; (2) Nutrition education and counseling. 2.1.3.4 Caregiver Support Services (111E 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 responsibilities: (1) Adult Day Care; (2) Caregiver Train ing/S upport; (3) Counseling (Gerontological and Mental Health), (4) Education/Training- (5) Respite Services; M= OAA Contract AA-132 Screening/Assessment; 2.1.3.5 Caregiver Support Supplemental Services (HIES Program): At least 10 percent, but no more than 20 percent, of the total Title IRE 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 Material Aid; and 4 Specialized Medical Equipment, Services and Supplies. 2.1.3.E Caregiver Support Grandparent Services (II1EG 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 the following: (1) Caregiver Train ing/S upport; (2) S itter. 2.1.4 Use of Volunteers to Expand the Provision of Available Services 2.1.4.1 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. 2.1.4.2 The Contractor shall submit a quarterly report of volunteer activities and services electronically on the internet in a format provided by the Department's office of Volunteer and Community Services. The quarterly report schedule is as follows: Report .Period Report Due mate January 1 - March 31 April 30, 201.3 April. 1- June 30 July 30, 2013 July 1- September 30 October 31, 2013 October / - December 31. January 31, 201.4 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 laves and regulations. 2.1. ` Subcontractor Outreach Reporting Requirements The Contractor shall document its performance of outreach activities, by submitting a uniform reporting format provided by the Alliance that includes the following- number and type of provider events or activities; date and 'n 'location; total number of participants at each event or activity; individual service needs identified; and referral sources or information provided. The Contractor shall complete and submit this report on outreach. activities at least OAA Contract AA- 13 29 semi-annually. 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 durinor those tires which best meet the needs of the relevant service community. 2.3 Equipment 2.11 .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 subcontractors who are Institutions of higher :education, Hospitals, and other Non -Profit Organizations shall have written property management standards in compliance with 2 CPR Part 215 Administrative Requirements (formerly OMB Circular A-11.0) 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; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment; and (d) maintenance procedures to keep the equipment in good condition. The property records must be maintained on file and shall be provided to the AAA upon request. The Contractor shall promptly investigate, fully document and notify the Contract Manager of any loss, damage, or theft of equipment. The contractor shall provide the results of the investigation to the Contract Manager. 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 (not applicable to equipment furnished by the Federal Government); ; 7 Location and condition of the equipment and the date the in formation was reported.; 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 knit Cost report or in. the Provider Application and is part of the cost of carrying out the activities and functions of the grant awards and Title OAA Contract AA-1329 (ownership) will vest in the Contractor., subject to the conditions of 2 CFR Part 2.15 Administrative Requirements (formerly OMB Circular A-1 1-0), 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 by 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-1.001.7, 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 AAXs 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, fun -ding 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 Adrn i n i strati ve 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. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter 111, Part A., Sec. 3030b United States Code (USC). 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. 2,3,9 Information technology resources (ITR) may not be purchased with funds provided under this Contract absent approval by AAA. Any approved purchase of ITR by the Contractor must comply with DOEA's ITR procedures and standards including completion of an ITR worksheet for any computer related item costing $ 1,000 or more. OAA Contract AA- 13 29 1) W*-'W14 DELIVERABLES 2*4*1 Service Unit The contractor shall provide the services described in the contract in accordance with the 2011. DOEA Program and Services Handbook. . 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. The Contractor must establish due dates for any subcontractors that permit the Contractor to meet the AAA" s reporting requirements. 2.5.1 Blank 2.5.2 Client Information and Registration Tracking System (CIRTS) Reports The contractor is required to use CIRTS reports in the web based CIRTS database system to ensure data accuracy. The report categories include the following: (1) Client reports (assessments, care plans, enrollments); (2) Monitoring reports; (3) Services reports; (4) Outcome measures reports, 2,53 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. 2.5.4 Surplus/Deficit Report By the end of the first month of this contract, the Contractor will submit a monthly expenditure plan by service to the AAA's program manager. The Contractor will Submit a consolidated surplus/deficit report in a format provided by the AAA to the AAA"s Contract Manager with the monthly request for payments according to the calendar on attachment V111. This report is for all agreements and/or contracts between. the Contractor and the AAA. The report shall include the following-, (1) The contractor's 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) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5; and (4) Number of clients currently on the APCL designated as Imminent Risk. (5) Number of contacts including telephone calls, walk-ins, emalls or faxes as related to outsourced ADRC functions, including one-to-one outreach contacts when consumers are provided with information, referral or assistance for themselves or others. They do not include public education activities. This is not an unduplicated count. (6) A detailed report describing any budget variances and plans to address them in the coming months, Z� am OAA Contract AA- 1329 2.5.5 Surplus Recapture* In accordance with its surplus/deficit management policies, in order to maximize available funding and min.imiz the time that potential clients must wait for services, the A.A.A. in its sole discretion can reduce funding awards if th Contractor is not spending according to monthly plans and is projected to incur a surplus at the end of the year. 2.5.6 Blank 2 A* *5*7 Blank 2,5.8 Background Screenl'ng Affidavit of Compliance To demonstrate compliance with section 8 of the Standard Contract, the Contractor shall submit ATTACHMEN' G, Background Screening Affidavit of Compliance annually, by January 15tii. 2.6 RECORDS AND DOCUMENTATION The Contractor will ensure the accurate collection. and maintenance of client and service information on. a monthl basis from the CfRTS or any such system designated by the AAA. Maintenance includes valid exports and backup 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 c information processing capabilities. The Contractor shall maintain written policies and procedures for compute system backup and recovery and shall have the same requirement in its contracts and/or agreements wit. 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 maintain a record of all reports described in ATTACHMENT 1, Paragraph 2.., REPORTS. (2) The Contractor shall timely submit to the AAA all. information described in ATTACHMENT 1, Paragrap] 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 thl 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 furthe harm. who are served within 72 hours, (3) Percent of elders assessed with. high or moderate risk environments who improved their environment score., (4) Percent of new service recipients with high -risk nutrition scores whose nutritional status improved-, (5) Percent of new service recipients whose ADL assessment score, has been maintained or improved; (6) Percent of new service recipients whose IADL assessment score has been maintained or improved; (7) Percent of family and family -assisted caregivers who self report they are very likely to provide care; (8) Percent of caregivers whose ability to continue to provide care is maintained or improved after one year o- service intervention as determined by the caregiver and the assessor),- OAA Contract AA-132 9 :percent of customers who are at imminent risk of nursing home placement who are served with communi based services'; and 10 .Any other outcome measures as listed in the Provider's Service Application in response to the 201. 2 OAA R 1 2.7.E Monitoring and Evaluation Methodology The AAA will review and evaluate the performance of the Contractor under the terms of this contract. Monitorir shall be conducted through direct contact with the Contractor through telephone, in writing, and/or an on -site vis The A,AA,s determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate wi the AAA in monitoring the progress of completion of the service tasks and deliverables. 2. `.4 Remedies -Nonconforming Services The Contractor shall ensure that all participants served under this agreement are eligible for the program, and that monthly and/or quarterly performance reports and financial records are maintained for each reporting period ar submitted as stipulated in 2.5, 2.5.3-2.5.4, 2.6 through 2.7.2. .Any nonconforming program services, performance reports or financial records not meeting the requirements of th Contract shall not be eligible for reimbursement Linder this program.. The costs associated with enrolling, trainin reporting and/or managing the program shall be borne solely by the Contractor. The AAA. requires immedia notice of any significant and/or systemic infractions that compromise the Contractor's ability to provide participai 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 1. o, percent of the cost for all services funded through th contract (i.e. 90 cents of grant funds must be matched with to cents from. the Contractor.) The subcontractor' match will be made in the form of cash and/or in -bind resources. The Contractor shall report match by title eac month. At the end of the contract period, the Contractor must properly match all OAA funds. 2.8.2 Consumer Contributions Consumer contributions are to be used under the following terms: (1) The Contractor assures compliance with Section 31.5 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 spec ifie in the contract. The 'Contractor must manage the service dollars in such a manner so as to avoid having a 'wait lid and a surplus of funds at the end of the contract period, for each program managed by the Contractor. If the AAJ determines that the Contractor is not spending service frauds accordingly, the AAA may transfer funds to othe contractors during the contract period and/or adjust subsequent funding allocations accordingly, as allowable unde state and federal law. 2.8.4 The Contractor agrees to distribute funds as detailed in the Budget Summary, ATTACHMENT VtI to thi contract. .Any changes in. the amounts of federal or general revenue funds identified on the Budget Summary for r require a contract amendment. 2.8.5 Title III Funds The Contractor assures compliance with Section 30of the older .Americans Act, as amended in 2006, that fund received under Title 1.11 will not be used to pay any part of a cost (including an administrative cost) incurred by th; 58 9 OAA Contract AA- 1. 3 42-9 Contractor to maintain a contractual or commercial relationship that is not carried out to implement Title 1.11. 2.9 AAA RESPONSIBILITIES 2.9.1 Program Guidance and Technical Assistance The AAA will provide to the Contractor guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the Contractor. 2,9.2 Program/Contract Monitoring 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, or an on -site visit. The AAA's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the A.A.A. in monitoring the progress of completion. of the service tasks and deliverables. The AAA may use, but is not limited to, one or more of the following methods for monitoring: (1) Desk reviews and analytical reviews; (2) Scheduled, unscheduled and follow-up on -site visits; (3) Client visits; (4) Review of independent auditor's reports; (5) Review of third -party documents and/or evaluation.; (6) Review of progress reports; (7) Review of customer satisfaction surveys; (8) Agreed -upon. procedures review by an external auditor or consultant; (9) Limited -scope reviews.-, and (10) Other procedures as deemed necessary. 2.9.3 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, and fixed rate for services. The Contractor shall. ensue fixed rates for services include only those costs that are in accordance with all applicable state and federal statut( and regulations and are based on audited historical costs in in -stances where an independent audit is required. I h Contractor shall consolidate all requests for payment from subcontractors and expenditure reports that suppo requests for payment and shall submit to the AAA on forms 106A (ATTACHMENT IX), .1 105AI (ATTACHMEN'T X, EXHIBIT 1), 105AS (ATTACHMENT X, EXHIBIT 2). and 105AE (ATTACHMENT > EXHIBIT 3). 3.1.1 The Contractor agrees to implement the distribution of funds as detailed in ATTACHMENT VII, Btidg( Summary. An. amendment is required to change any amount. unit cost, or number of units by service. OAA Contract AA-13.2.9 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 covet program 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 j LIStify i ng the need for an advance and describing how the funds will be distributed. 3o2*2 The Contractor's requests for advance require the approval of the AAA's Contract Manager. If sufficient budget available, the AAA will issue approved advance payments after January 1, 201.3. 3.2.3 Requests for the first through the twelfth months shall be based on. the submission of actual monthly expenditu reports beginning with the first month of the contract. The schedule for submission of advance requests, if availab is shown on ATTACHMENT VIII of this contract. 3.2.4 All advanced payments made to the Contractor shall be recouped in accordance with the Reporting Schedul ATTACHMENT VIII of this contract. 3.2.5 Interest earned on. advances must be identified separately by source of funds, state or federal. Contractors shy maintain advances of federal funds in. interest bearing accounts unless otherwise excepted in accordance with 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 DOE 11 forms 1.06A (ATTACHMENT IX) , 1.05AA (ATTACHMENT X-EXHIBIT 1), 105AS (ATTACHMENT EXHIBIT 2), and 1.05AE (ATTACHMENT X-EXHIBIT 3). 3.3,1 The Contractor shall submit all payment requests based on the submission of the Contractor's actual month expenditure reports beginning with the first month of the contract. The schedule for submission of advance reque. (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 all financial and programmatic reports due from the Contractor and any adjustments thereto. 3.3.3 The AAA will authorize payment only for allowable expenditures, which are in accordance with. the limits specifi: in ATTACHMENT VII Budget Summary. Any changes in the amounts of federal or general revenue fun 9 Z� 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: (1) Line item comparison of year-to-date expenditures with the budget to monitor rate of expenditures: (2) Allowable total. reimbursement, on a service by service level., does not exceed budgeted/contractual amount No unilateral modified spending authority.)) (3) Validation of service units reported against CIRTS. Validation of service units reported against the Area Plan on Aging,, fiscal. module contract data housed in CIRTS. 3.3.4 Date for Final Request for Payment The Contractor shall submit the final request for payment to the AAA no later than. February 1. 5, 2014. W OAA Contract .AA..4 3 29 The Contractor shall maintain documentation to support payment requests that shall be available to the AA authorized individuals, such as Department of Financial Services, upon request. 3.4. 1 The Contractor must enter all required data following DOER s CIRTS Policy Guidelines for clients and services the CIRTS database. Data must be entered into +ARTS before the Contractors submit their request for payment a expenditure, reports. 3.4.2 The Contractor shall run monthly CIRTS reports and verify that client and service data in CIRTS is accurate. T: report must be submitted to the AAA.. with the monthly request for payment and expenditure report and must reviewed by the AAA before the Contractor's request can be approved by the AAA, 3.5.1 Remedies for Nonconforming Services The Contractor shall ensure that all goods and/or services provided under this contract are delivered time completely and commensurate with required standards of quality. Such goods and/or services will only be deliver to eligible program participants. If the Contractor fails to meet the prescribed quality standards for services, such services will not be reirnburs under this contract. In. addition, any nonconforming goods (including home delivered meals) and/or services n meeting such standards will not be reimbursed under this contract. The Contractor's signature on the request I payment forth certifies maintenance of supporting documentation and acknowledgement that the Contractor sh= solely bear the costs associated with preparing or providing nonconforming goods and/or services. The A.11ian requires immediate notice of any significant and/or systemic infractions that compromise the quality, security continuity of services to clients 3.5.2 Financial Consequences The Contractor shall ensure the provision of services to the projected number of clients in accordance with tl Service Provider Application and within the contract amount. The Contractor shall ensure expenditure of 100% the contract amount budgeted for services to clients at the unit rates established in this contract. In the event tl Contractor has a surplus of 1 % or more at the end of the contract term, the .Alliance will reallocate this surplus other provider agencies found to be serving clients to the fullest extent of their allocated budgets. If, or to the eater there is any conflict between. this paragraph and paragraphs 38 and 38.1 of the standard contract, this ara ra shall have precedence. p g I` 3.5.3 Consequences for Noncompliance The Contractor shall ensure 1.00% of the deliverables identified in Section 1.3.3 Scope of Services are p erforme pursuant to contract requirements, as described in Sections and subsections 2.3., 2.4, 2.5, 2.6 and 2.7 which a hereby identified as major deliverables on this contract. If at any time the Contractor is notified by the A.11iance's Contract Manager that it has failed to correctl" completely, or adequately perform. these major deliverables, the Contractor will have 1.0 days to submit a Correcti Action Plan "CAP" to the Contract Manager that addresses the deficiencies and states how the deficiencies will h remedied within a time period approved by the Contract Manager. The Alliance shall. assess a Financi- Consequence for Non -Compliance on the Contractor for each deficiency identified in the CAP which is nc corrected pursuant to the CAP. The Alliance may also assess a Financial Consequence for failure to timelysubmit CAP. In the event Contractor fails to correct an identified deficiency within the approved time period specified in th p � CAP, the .Alliance shall deduct, from the payment for the invoice of the following month for each day the deficiency is not corrected, 1 % of the monthly value of the portion of the reimbursement that is identified as "Management ement a i General Costs"' and 'Facilities and. Maintenance Costs" in the Contractors unit rate methodology v contained in thi Service Provider Application or, in the case of a for -profit provider that did not submit a unit rate methodology, thi. OAS. Contract AA- 1329 amount shall be 1.5 percent of the unit rate. The Alliance may also deduct, from the payment for the invoice of t following month,, 1% of the monthly value of the portion of the unit rats described above for each day t Contractor falls to timely submit a CAP. .If, or to the extent, there is any conflict between this paragraph and paragraphs 38 and 38.1 of the standard contra this paragraph shall have precedence. OAA Contract AA- 13 29 THIS PAGE INTENTIONALLY LEFT BLANK am OA.A Contract AA- 1329 ATTACHMENT 1. CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that. l No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person fo influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress. ai 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 cooperativ( agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, 01 cooperative agreement. Q) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing of 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 I.352, Title 311 U .S. Code. .Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ l 0,000.00 and not more than $1.00,000.00 for each such failure. :: / / -)--- . ------- S ignature 1 Date j c-j- AA 2-9 AA Name of Authorized Individual CMNW 07 %MQN DOER ,Ki,ri s (Revised Nov 2002) Application. or Agreement Number MONROE COUNTY ATTORNEY PR ED. S"RW ASSI ANT , CO NY6YORNEY O A Contract - 13 2 THIS PAGE INTENTIONALLY OAA Contract AA-1329 ATTACHMENT II FINANCIAL .AND COMPLIANCE ATDIT The administration of resources awarded by the Department of Elder Affairs or the .Alliance for Aging, Inc. to the provider may be subject to audits and/or monitoring by the Department of Eider Affairs or the Alliance for .Aging, Inc., as described it this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 2.15.9 , F.S.. se{ "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the department of staff, limiter scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, thl provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department o Elder .Affairs or the Alliance for Aging, Inc. In the event the Department of Elder Affairs or the Alliance for Aging, Inc determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additions instructions provided by the Department of Eider Affairs or the Alliance for Aging, Inc. to the provider regarding such audit The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemec necessary by the Chief Financial officer (CFO) or Auditor General. AUDI'T'S 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- I.33, as revised. In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. FXI-I:IBI1 I to this agreement indicates Federal resources awarded through the Department of Elder .Affairs or the Alliance for Aging Inc. by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources o� Federal awards, including Federal resources received from the Department of Elder Affairs or the Alliance for Aging, Inc The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OME Circular A- 133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB C ircul ar A- 13 3, as rev i sed, w i I I meet the requirements of th i s part. In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements relative to auditee responsi.bi1.itie s 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 ir, 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 frorr, 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, Inc. 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, Inc. shall. be fully disclosed in the audit report with reference to the Department of Elder Affairs or the Alliance for Aging, Inc. agreement involved. If not otherwise disclosed as required by Section .31.0b 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 Inca in effect during the audit period. Financial reporting packages required under this part must be OAA Contract AA- 13' " N submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal. yecq end. PART 11: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 21-5.97(....), 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 an! fiscal year of such provider (for fiscal years ending September 30, .1.004 or thereafter), the provider must have a State singl' or project -specific audit for such fiscal year in accordance with Section 21-5.97, Florida Statutes -!' applicable rules of th, Department of Financial Services: and Chapters 1.0.550 (local governmental entities) or 10.650 (nonprofit and for- profi organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarde( through the Department of Elder Affairs or the Alliance for Aging, Inc. by this agreement. In determining the state financia assistance expended in its fiscal year, the provider shall consider all Sources of state financial assistance, including stat( financial assistance received from the Department of Elder Affairs or the Alliance for Aging, Inc., other state agencies, an( other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resource�, received by a nonstate entity for Federal program matching requirements. Z� In connection with the audit requirements addressed in. Part 11, paragraph 1; the provider shall ensure that the audit comp lie: with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package al� defined by Section. 21-5.97(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 a-F audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid frorr 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 Inc. 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, Inc. shall be fully disclosed in the audit report with reference to the Department of Elder Affairs or the Alliance for Aging Inc. 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, Inc. 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,, Inc. 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 directiv to each of the following: The Alliance for Aging, Inc . 4- Alliance for A 91 *ng, Inc. Attn: Carlos Lahl*tte 760 NW 107 1h Avenue, Suite 214 Miarnl*, FL 33172-3155 um OAS. Contract AA- 1329 The Federal Audit Clearinghouse designated in COMB Circular A- 133, as revised (the number of copies required by Section .320 (d)(l and (2). OMB Circular A--133, as revised, should be submitted to the Federal Audit Clearinghouse), at th, following address: Federal. Audit Clearinghouse Bureau of the Census 1.201 East 101h Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 e and f . OMB Circular A-- l 3 3 , a revised. Pursuant to Sections .320f, OMB Circular A- 1.33, as revised, the provider shall submit a copy of the reporting packag( described in Section .320(c, OMB Circular A- l 33, as revised, and any management letter issued by the auditor, to tht Alliance for Aging, Inc. at each of the following addresses: Alliance for Aging, Inc. Attn: Carlos Lahitte 760 NW 107th Avenue, Suite 214 Miami, FL 33172-3155 Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf o: the provider directly to each of the following: The .Alliance for Aging, Inc. at each of the following addresses: Alliance for Aging, Inc. Attn: Carlos Lahitte 760 NW 107th Avenue, Suite 214 Miami, FL 33172-3.155 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, doom 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 tc this agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, and Chapters 10.55C (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 Eider .Affairs for audits doge in accordance with OMB Circular A- i 33 or Chapters 10.550 (local governmental entities) or l 0-650 (nonprofit and fo profit organizations), pules of the Auditor General., should indicate the date that the reporting package was deli ere to the provider in correspondence accompanying the reporting package. PART IV-. RECORD RETENTION 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 Alliance for Aging, Inc. or its designee, the CEO or Auditor General access to such. records upon request. The provider shall ensure that audit working papers are made available to the .Alliance for Aging, Inc.. 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 Alliance for Aging, Inc., OAA Coact A- 1329 THIS PAGE INTENTIONALLY LEFT BLANK om OAA Contract AA-1329 ATTACHMENT If EXHIBIT I I. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act Administration Title 111B - Support Services U.S. Health and Human Services 93.044 $17,360.0( Older Americans Act Administration 11� Title 1C I - Congreate Meals U .S. Health and Human Services 93.045 $144,746-0( Older Americans Act Administration Title III C2 - Home Delivered Meals U.S. Health and Human Services 93.045 $212,341.0( Older Americans Act Administration Title III E - Caregiver S ort Services L U.S. Health and Human Services 93.052 $6331.3.0( , TOTAL FEDERAL AWARD $437,760.0( um OAA Contract AA- 13 29 THIS PAGE INTENTIONALLY OAA Contract AA-1329 ATTACHMENT III EXHIBIT 2 PART I: AUDIT RELATIONSHIP DETERMINATION state federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised. Providers �vh�� receive state o r f e � , s Providers who are determined to be recipients or subrec pients of federal awards and/or state financial: and/or Section � 1 �.9, Fla, Stdt. , i r y sub�ect to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1. are rnet assistance may be s q. Providers who have been determin ed to be vendors are not subject to the audit requirements of OMB Circular A-1. 33, as revised, and/oi Section ' f t. Regardless of whether the audit requirements are met, providers who have been. determined to be recipients of � 15 .�'�, Fla.. Sta �. a awards and/or state financial assistance, roust comply with applicable programmatic and fiscal co �plianc( sube�,pents of Federal requirements. In accord ance with Sec. 210 of OMB Circular A-133 and/or Rule 91-5 �006, F.AC, provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 21.5.97, 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 and department to subcontract, they must comply with Section 21.5.97(7). F.S., and Rule 69I-,��{)6(�?), F.A�C state financial assistance Section. .400 0MB Circular A-133 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWAR DS OR. STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or star matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules an 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-1.02 — Administrative Requirements OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laves, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost .Principles for Non -Profit Organizations (Formerly OMB Circular A-122 — Cost Principles)* 2 CFR 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 CFR. Part 215 Administrative Requirements (Formerly OMB Circular A- 1.1.0 — Administrative Requirements) OMB Circular A-1.33 —.Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations ro Federal grams may be exempted from compliance with the Cost Principles Circulars as noted in the COMB Circular Some programs 133 Compliance Supplement, Appendix I. STATE FINANC IAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be recipient/subrecip ent, 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, 39/89 OAS. Contract A-1329 THIS PAGE INTENTIONALLY Wmlu���R, 0 89 OAA Contract AA- 13 29 ATTACHMENT IN CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is ai attachment, hereby certifies that: (1) The contractor and any sub -contractors of services under this contract have financial management systems capable o providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of eacl grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application o funds for all agreement supported activities, and (3) the comparison of outlays with budgeted amounts for each. award. Thl inability to process information in accordance with these requirements could result in a return of grant funds that have no been accounted for properly. (2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which the contracto zn is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable o processing data accurately, including year -date dependent data. For those systems identified to be non-compliani 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, th undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions c these products offered by the contractor (represented by the undersigned) and purchased by the State will be verifiedfc 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 th hardware or software programs from operating properly, the contractor agrees to immediately make required corrections t Z� restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the Stat( and without interruption to the ongoing business of the state, time being of the essence. (4) The contractor and any sub -contractors} of services under this contract warrant their policies and procedures include disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from dat 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 entere into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circular A- 102 and 2 CFR Part 21.5 (formerly OMB Circular A- I 10). ............... game d ddress of Contractor I Z.- I Z L 41;;Z i nature Title Date r­q. .............. . .. ....... .. Name of Guthi. igner ^6 IS 11 2008) (Revised June U , re'rit YL GRAin M as, 0 '4� I a a 'M"dir GT C'g V1 e H ea 2-2S7 monton y H= MO �OE COUNTYK11"TORNEY I F M YNTHIA L. MALL A A S S T NT COUNTY TTORNEY V� 4e 01 D a t e OAA Contract AA- 1329 THIS PAGE INTENTIONALLY OAA Contract AA- 13 29 ATTACHMENT N CERTIFICATION REGARDING G 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. aG u2 Aant,-� Signature n. Title (Certification signature should be same as Contract signature.) Instructions for Certification The 01 1 o r Cigar 1100 Simonton St.,, Suite 2%-25? Key West, Florida 33M 1. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transactioh," "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. l 0- 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, cheep the Excluded Parties List System EPLS). 4. The contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and voluntary Exclusion - Lower Tier Covered Transaction's 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. . 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. R-ev i sed .dune 10 OA-A Contract AA- 1329 THIS PAGE INTENTIONALLY LEFT BLANK 44/89 AA Contract AA- 1329 ATTACHMENT V1 ASSURANCES —NON -CONSTRUCTION PROGRAMS 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 AND BUDGET, SAND IT TO THE ADDRESS I'ROVIDED 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 ease, you will be notified. 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.0 .. 4728-4763) relating to prescribed standards for -merit systems for programs funded Linder one of the 19 statutes or regulations specified in Appendix A of 4PM's Standards for a Merit System of Personnel Administration (5 C.F.F. 900, Subpart F). 6. will comply with all. Federal statutes relating to nondiscrimination. These include but are not limited to. (a) Title V1 of the Civil Rights Act of 1.964 (P.L. 88-352) which prohibits discrimination. on the basis of race, color or national origin.; (b) Title IX of the Education Amendments of 1.972, as amended 0 U.S.C. 1681-1683, and 1.685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation .Act of 1973, as amended 29 C .S.C.: '794), which prohibits discrimination. on the basis of handicaps; d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6 101 -6 107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 19�? P.L. 9-�55 }, as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and. Alcoholism Prevention, Treatment and Rehabilitation Act of 1.970 (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. 1 290 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 1.968 (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 (J) the requirements of any other nondiscrimination statute(s) which may apply to the application. . 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 1.970(PL. 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 Match .Act 5 U.S.C. 1501 - 1508 and 3 4-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in pant with. Federal funds. 9. Will comply, as applicable, with the provisions of the Dais -Bacon Act 40 U.S.C. 276a to 2 a- ), the Copeland Act (40 U.S.C, 2 6c and 18 U—S.Cm 8 4) and the Contract 'work Hours and Safety Standards Act. 40 U.S.C, 32-333), regarding labor® standards for federally assisted construction subagreements. OAA Contract AA- 13129 10. Will. comply. if applicable, with flood insurance purchase requirements of Section 1.02-(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 progZ:�ram. and to purchase flood insurance if the total cost of insurable construction and acquisition is $ 10,000.00 or more. 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) 115 ) 14:1 (b) notification of violating facilities pursuant to EO 1. 1. 738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation. of flood hazards in floodplains in accordance with PO 11988; (e) assurance of project consistency with the approved State man.aizement program ) y developed under the Coastal Zone Management Act of 1.97.). (16 U.S.C. 1451 et seq.). (fconformitof Federal actions to State (Clear Air) Implementation Plans under Section 1.76(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 1.974, as amended, P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended. P.L. 93-705). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 17" 21 1 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. .1.3. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended ( 1 6 U.S.C. .....470), EO 11593 (identification and protection. of historic properties), and the Archaeological. and Historic Preservation Act of 1974 (16 U.S.C. 469a- I 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. '....H....4801. et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. IT 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- 13 3, 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. iloo s.monton St., sum 240 Key West, Rod& 33M MONR E OUNTY ATTORNEY AP OV DA^ T FO N THIIA L, ALL i ASSIS I'CO' NTY ATTORMEY Date 0 R= OA.A Contract AA-1329 ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE AM: r�lpr-� 1111� 11;1 1111�11111 Service to be Provided .... .......... Service Maximum Units of Maximum Unit Rate Service Dollars Chore 11113 $22L0 391 $8,612.00 Homemaker/Personal Care IIIB $22.00 370 $8,141.00 Screening & Assessment IIIB $25.00 24 .............. $607.00 Congregate Meals C1 $9.25 15,055 $139,258.00 Congregate Meals Screening C1 $20.00 146 $2,925.00 Nutrition Counseling C1 $47-50 40 $1,926.00 Nutrition Education C1 $0.20 31185 $637.00 Home Delivered Meals Frozen C2 $6.00 2,376 $14,257.00 Home Delivered Meals Hot C2 $6.00 32,063 $192,381-00 Nutrition Counseling C2 $47-50 4 $190.00 Nutrition Education C2 $0.20 11810 $362.00 Screening & Assessment C2 $25.00 206 $5,151.00 Chore IIIE $22.00 258 $5,692.00 .... In Home Respite IIIE $20.00 998 . . ........ .... $1%974.00 Respite in Facility IIIE $10-50 31486 $36,603.00 Screening & Assessment IIIE $25-00 41 $ 1,f044.00 Total Contract ............ $437,760 M= OA.A Contract AA- 13 29 THIS PAGE INTENTIONALLY sm OA-A Contract AA.-1 3 29 ATTACHMENT V111 OLDER ANIERICANS ACT CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On Submit to AAA On This Date I. January Advance* January I ,? February Advance* J anuary 1 3 January Expenditure Report February 5 4 February Expenditure Report March 5 March Expenditure Report April 5 6 April Expenditure Report May 5 7 May Expenditure Report June 5 8 June Expenditure Report July 5 9** July Expenditure Report" Ammst 5 to** August Expenditure Report" September 5 11 September Expenditure Report October 5 12 October Expenditure Report November 5 13 November Expenditure Report December 5 1.4 December Expenditure Report January 5 15 Final Expenditure and Request for Payment February 15 16 Close Out Report February 28 Legend: Advance based on projected cash need. ** Recoupment of advance due with this report. Note # 1: Report #1 for Advance Basis Agreements cannot be submitted to the Department of Financial Services (DFS) prior to January I or until the agreement with the AAA 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 AAA by the submission date of report #9. The adjustment shall. be recorded in Part C, I 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 AAA payment is to accompany the report. sm OAA Contract A- 1329 THIS PAGE INTENTIONALLY LEFT BLANK OA.A Contract A.A- 1329 ATTACHMENT I PROMDER 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 Wth the terms and the purposes set forth in the above agreement. . . .. .... .. .. P re pa red By: .. ............................... .......... Date- Approved By, Date: PART A: 1 (2) (3) (4) (7) (6) BUDGET SUMMARY ADMIN. 1116 II1C1 IIIC2 Title IIIE TOTAL I A pp roved Agreement Amount. 0.00 0,00 0.00 0.00 0.00 0'C 2. Pre\Aous Funds RECEIVED for Agreement period, D. 0.00 0.00 0.00 0.00 0,0 3. Agreement Balance 0,00 0.00 0.00 0.00 0.00 0.0 4. Pre\Aous Funds REQUESTED and Not Received. 0.00 0.00 0.00 0.00 0,00 0.0 �.Ar5geement Balance 0.00 0.00 0.00 0.00 0.00 0.0 :,PART B-. FUNDS REQUESTED .1. 1st-2nd Months Request Only 0.00 0.00 0.00 0.00 0. 00 0-0. 2. Net Expenditures For Month 0.00 0.00 0.00 0.00 0.00 01 0-04 3. Additional Lional Cash Needs (Attach Doc,) 0.00 0 0,00 0.00 0.00. 0.01 4. Total 0.00 0-00 0,00 0, 00 000 0,01 PART C: NET FUNDS REQUESTED: 1, Less: Over -Advance 0.00 000 0.00 0.00 0,00 0.01 2. Agreement Funds are Hereby Requested For a001 0,00 a001 0,00 0.00 0.0( DCEA FORM E06A revised 5/10 THIS PAGE INTENTIONALLY r mwwm, . R. ■ OAA Contract A -132 EXHIBIT-: RECEIPTS AND EXPENDITURE REPORT OLDER AMERICAN ACT PROVIDER NAME, ADDRESS, PHONE# AND FEID# Program Funding Source : THIS REPORT PERIOD FROM: TO: IIIB IIIC CONTRACT IIC2 PERIOD: CONTRACT REPORT # P SA# 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. Mate Funds $0.00 $0.00 $0.00 % 3. Program Income $t3.00 $0.00 $0.00 % 4. Local Cash hatch (CCE, HCE and Other) $0.00 $0.00 $0.0D % 5. SUBTOTAL: CASH RECEIPTS $0.00 $0.00 $0.00 % 6. Local In -Kind Match $0.00 $0.00 $0.00 % T. 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 . Meals l 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 $ado $0.d0 % 5. TOTAL EXPENDITURES $0.00 $0.d0 $'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 '0'0 2, USDA Cash Received $0.00 $0.00 $0.00 - cic' 3. TOTAL OTHER $0.00 $0.00 $0.00 _ w % PART D : OTHER REVENUE AND E ENDIT RES 2, Addition Cost Alternative Program Income 3, Interest I. Program Income (PI) a, Approved Budget $_ a. Earned on OR Advances $ a. OAA Unbudgeted PI Receipts STD b. Received STD $ b, Return of CR Advance $ $ w c. Expenditures $ c. Other Earned $ DOEA FORM t 05as realised t f /00 OAA Contract A- 1329 THIS PAGE INTENTIONALLY LEFT BLANK OAA Contract AA- 13 29 ATTACHMENT EXHIB11 RECEIPTS AND EXPENDITURE REPORT OLDER AMERICAN ACT PROVIDER NAME, ADDRESS, PHONE# AND FEID Program Funding Source e THIS REPORT PERIOD FROMTO: CONTRACT Title [if E PERIOD: CONTRACT RE PORT PSAi CERTIFICCATI N : I certify to the best of ray 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 MOO % 2. State Funds $0.00 $O.00 MOO % 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 % 0. 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. Trave 1 $0.00 $0.00 $0.00 0 0 3. Building Space $0.00 $0.00 $0.00 % 4. Communication 1 Utilities $0.00 $0.00 $0.00 % 5. Printing 1 Supplies $0,00 $0.00 $0.00 % 5. Equipment $0.00 $0.00 $0.00 % 7. Other $0.00 $0.00 $0.00 % B : Agreement Services B. Services Subcontracted $0.00 $0.00 $0.00 % 0. 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 °a c. TOTAL DEDUCTIONS $p.00 $O.00 $0.00 % 11 _ NET EXPENDITURES $O.00 $0.00 $0.00 % PART C : EXPENDITURES ANALYSIS 2. Units of Services Year to Date 3. Number of People Send Year to Date A. Expenditures b Services Year to Date; 1. Information .................. S0.00 $t%00 O.t 2, Assistance.. ---- la ........ ........e ...0, 3. Counseling, .. , , .. , ... i000 $0.00 0.00 4. Respite.... ..... ....... $0�00 I3.0S 0.00 5. Supplemental Services,..._ $0.00 ...... $0.00 0.00 6- TOTAL. .. - . _ . ....... __ .... Part B Line 11, column 3 should be equal to this total. FART D : GRANDPARENT SERVICES (reported by Federal Fiscal Year) FFY __$ FFY $ FFY $ Match $ Match $ Match $ DEA FORM 105AE remised 12,=08 OAS. Contract A- 1329 THIS PAGE INTENTIONALLY LEFT BLANK OAA Contract AA- 1329 ATTACHMENT Department of Elder Affairs Programs & Services Handbook, Available at the Alliance for Aging Internet site under, "Downloads". 57/89 OAA Contract AA- 13 29 THIS PAGE INTENTIONALLY LEFT BLANK 9= )Wract AA- 1. 31.29 STATE OF F1 ORMA r)F:PAPTU1=KJT nC r.1 f*%CM At!�AjMr% PART 1. READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. Briefly describe the geographic area served by the program/facility and the type of service provided: Ivionroe C-ounty, Tffe- FlOrr da-Ke-ys is approxima e y -a 1 0 m ffe§ 10 g wn ich are c& rura with some 1'_a_ra_cTe-r-isTic-s. ;1 fit ()V1U1C7U VVIFT Unu rn --- aidT M-810 -Pt- IV 03 nd 1 1 U If I t f" all 0�41 2. POPULATION OF AREA SERVED. Source of data: 2011 US census Total % Hispanic: % Female: . .. .......... #73,165 % White:72.3 % Black: 5.7 19.6 % Other: 2 46.6 3. STAFF CURRENTLY EMPLOYED. Effective date: Total # 20 % White: 70 % Black: 29 % Hispanic: I % Other: 0 % Female: 801 % Disabled: 0 ........... 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: 5-22-2012 Total # 285 % White: 86.8 % Black: 12.2 % Hispanic: 16 % Other- 71 % Female:72 % Disabled- 100 % Over 40:100 . .. ....... 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total # .......... ......... .. . 5 %White: 100 % Black: 0 % Hispanic: 0 % Other: 0 % Female: 2 % Disabled: 0 PART 11. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with DOER? If NA or NO, explain, NA YES NO 71 7, Compare the staff composition to the population. Is staff representative of the population? If NA or NO, explain, NA YES NO 8, Compare the client composition to the Population. Are race and sex characteristics representative of the Population? If NA or NO, explain. NA YES NO OAA Contract AA- 1329 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, s- 0,4,p� NA YES NO 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 ❑i0 1. 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 DAZ u 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 3 Written 7A Poster El If NA or NO, explain. .............. — 14, Give the number and current status of any discrimination complaints regarding services or employment filled against the program/facility, 15, Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? If N A or NO, explain. NA YES NO I Z-1 = ,fq Y--....a... y[ PART III, THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 16. Has a self -evaluation been con'ducted to identify any barriers to servinc j disabled individuals, and to make any necessary modifications? If NO, explain, I .4 �1 I OAA Con.trict. Nll�-k- 17. Is there and established grievance procedure that incorporates due process in the resolution of complaints? If NO, explain, YES NO Z '!7 18. Has a person been designated to coordinate Section 504 compliance activities? If NO, explain. YES NO X 0 19. Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on the basis of disability? If NO, explain. "",\I e, 3 20. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? If NO, explain. YES NO X 7 E PART V. 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, Y 'I: S NO 6 OAA Contract AA- 1329 DOER Form 101 A Revised May 2008 Page 2 of 2 OAA Contract AA- 1329 ATTACHMENT B INSTRUCTIONS FOR THE CIVIL RIGHTS CoNIPLIA CE CHECKLIST 1. Describe the geographic service area such as a district, county, city or other locality. If the progra/fac i l ity 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.) 3. 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. 5. 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. 6. 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 DOER 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 1.0% 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 Pp 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 CF"R. 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). 1.0. 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 roust 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). it. For in -patient services, residents roust 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). 1 . 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, 38 OAA Contract AA-132 program accessibility may include the employment of bilingual staff. In other areas, is sufficient to have a policy 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 HAS. 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. 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. 1.5. 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. 1.6. 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. Tale 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 1.5 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. (a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of 11 nondiscrimination. on. the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communisation, 45 CFR 84. (a). + . 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. 2 L Pro rams/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 1 124.41 C 0 and Title VI of the Civil Rights Act of 1.964, as amended. om OAA Contract AA-1329 Provider's State Contracts List PR VED Eq, 1�4;ORM.A710-h-k Ndm e. Address: phone # - En) al : FEID, CO nr act �, SIGNATC*U�. AEPOR'r PERIOD,, From_ To A,r,f'AC H NI E.*NT 65/89 OAA Contract AA-132 THIS PAGE INTENTIONALLY LEFT BLANK 69 OAA Contract A.A- 1329 ATTACHMENT E Department's Computer Use Policy and its Social Media Policy Available at the Alliance for Aging Internet site under "Downloads"" Z-- 1� mm OAA Contract - 1329 THIS PAGE INTENTIONALLY I a a a 19,40 WMZI6M OAA Contract AA--13 29 ATTACHMENT G AUTHORITY:! This for Is required anttually of att emplayerswith the attestation requirements set forth in section 5.5}. Flea Statutes i u i but nog 1i mited o, Area Agendas n . i e Aging out n ter s, t €ng, and DAsabil` t es u-Tce Centers, Ltad Agenties, Long -Term CAre Gmbud, man, Program, Slerving Hoa4h, InsuTante Needs f E£=d s rK rn,< SeNce 'Providers, DNtrScm Pro i r ': R.M.4 � G -er PeT-50n or enntity W is -1 rr tit oe Or has Voluou!tf's 4 se4vice. who the n- der ct soievic ff > -Wrs .1ee 43, 5 ., 4 3 0, CA, 0 ; a=ervi e-s to t 1 er1 ., hosdiret.,. e - -facile convict with o client while ricmwi in ient and hay acres to The z ie � ving funds, personal pry,, or arson l ide iiori i rmaTi n as defined in s.. 8-17-56S, The -Itt= I ec, r rdi na � r , fry a e s, and € ° r-�residential. acif Jes and v 1 npeers-" § 3. 0: l b) Sta to Empr er Name located at Stmet A d reamCity S tot voode do hereby affi rm under penaITV of perjury Name af'Representatwa that the above namedp er is in compliance with the, provisibas of Chav-pterrand s c: 430.0402, Rrid- $$ ;4 e,. regarding ve background screening. S b nalire of Repr-es,-entaflve Date Sworn to' for -me and, subsscribtd lbe,110re re, this, � day o � 20.' .>� b !Narne of R: no is enion a.11y 0i wn t . as .0 m prodtived f i�n��r. Pr fi '`�:St3mp Cnarnm' t �� Is9C r,j + Public Efofs .s�, r. t l� tan 43 J'3g THIS PAGE INTENTIONALLY mm OAA Contract AA- 1. 3 29 ATTACHMENT H Verification of Employment Status Certification C As a condition of contractinor with the Alliance for Aging, Inc., !AONP- M-' CoLkKrFq �O 1: L' -1 i� E hereby referred to as contractor,, certifies the use of the U.S. Department of Homeland ,,jecurity's-verify system to verify'the employment eligibility of all new employees hired by Contractor duriwa the contract term to perform employment duties pursuant to this Agreement and (b) that any subcontracts include an express requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Z:� J A ...................... Signature (Same as contract signature) Date OAA Contract AA- 13 29 THIS PAGE INTENTIONALLY OAA Contract AA-1 2.19 ATTACHMENT J Alliance for Aging, Inc. Business Associate Agreement This Business Associate Agreement is - dated by the Alliance for Aging, Inc ("Covered Entity") and S , (`business Associate"), a not -for -profit Florida corporation. 1.0 Background 1.1 Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the use of Protected Health Information (PHI). 1.2 Covered Entity, recognizes the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and has indicated its intent to comply in the County's Policies and Procedures. 1.3 HIPAA regulations establish specific conditions on when and how covered entities may share information with contractors who perform functions for the Covered Entity. 1.4 HIPAA requires the Covered Entity and the Business Associate to enter into a contract or agreement containing specific requirements to protect the confidentiality and security of patients' PHI, as set forth in, but not limited to the Code of Federal Regulations (C.F.R.), specifically 45 C.F.R. §§ 164.502(e), 164.504(e), 164.308(b), and 164.314(a-b)(2010) (as may apply) and contained in this agreement. 1.5 The Health Information Technology for Economic and Clinical Health Act (2009), the American Recovery and Reinvestment Act (2009) and Part I — Improved Privacy Provisions and Security provisions located at 42 United States Code (U.S.C.) §§ 17931 and 17934 (2010) require business associates of covered entities to comply with the HIPAA Security Rule, as set forth in, but not limited to 45 C.F.R. §§ 164-308, 164.3105 164.312, and 164.316 (2009) and such sections shall apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity. The parties therefore agree as follows: 2.0 Definitions. For purposes of this agreement, the following definitions apply: 2.1 Access. The ability or the means necessary to read, write, modify, or communicate data/information or otherwise use any system resource. 2.2 Administrative Safeguards. The administrative actions, and policies and procedures, to manage the selection, development, implementation, and maintenance of security measures to protect electronic Protected Health Information (ePHI) and to manage the conduct of the covered entity's workforce in relation to the protection of that information. Z3 ARIBA. The American Recovery and Reinvestment Act (2009) 2.4 Authentication. The corroboration that a person is the one claimed. 2.5 Availability. The property that data or information is accessible and useable upon demand by an authorized person. 2.6 Breach. The unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information. 2.7 Compromises the Security. Posing a significant risk of financial, reputational, or other harm to individuals. 2.8 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons or processes. N= OAA Contract AA- 1329 2.9 Electronic Protected Health Informs#ian.(ePHI) Health information as specified in 45 CFR §160.103(1){i} or (1 ){ii}, limited to the information created or received by Business Associate from or on behalf of Covered Entity. 2.1 o HITECH. The Health Information Technology for Economic and clinical Health Act (200 2.11 Information System. An interconnected set of information resources under the same direct management control that shares common functionality. A system normally includes hardware, software, information, data, applications, communications, and people. 2.12 Integrity. The property that data or information have not been altered or destroyed in an unauthorized manner. 2.13 Malicious software. Software, for example, a virus, designed to damage or disrupts a system. 2.14 Part 1. Part I — Improved Privacy Provisions and Security provisions located at 42 United States Code (U-S.0 §§ 17931 and 17934 (2010). 2.15 Password. Confidential authentication information composed of a string of characters. 2.16 Physical safeguards. The physical measures, policies, and procedures to protect a covered entity's electronic information systems and related buildings and equipment, from natural and environmental hazards, and unauthorized intrusion. 2.17 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E. 2.13 Protected Healthy Information. (PHI) Health information as defined in 46 CPR §160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. 2.19 Required By Law. Has the same meaning as the term "required by law" in 45 CFR § 164.103. 2.20 Secretary. The Secretary of the Department of Health and Human Services or his or her designee. 2.21 Security incident. The attempted or successful unauthorized access, use, disclosure, closu[ e, modification, or destruction on o information o interference with system operations ons in an information system, 2.22 Security or Security measures. All of the administrative, physical, and technical safeguards in an information system. 2.23 Security Mule. The Security Standards for the protection of Electronic Protected Health Information at 46 CFR part 164, subpart C, and amendments thereto. 2.24 Technical Safeguards. The technology and the policy and procedures for its use that protect electronic protected health information and control access to it. 2.25 Unsecured PHI. Protected health information that is not secured through the use of technology or methodologyspecified by the Secretary in guidance issued OAA Contract A.A- 3 '2W9 under 42 U.S.C. section 17932(h)(2), 2.26 All ether terms used, but net otherwise defined, in this Agreement shall have the same meaning as these terms in the Privacy Rule. 3.0. obligations and Activities of Business Associate. 3.1 Business Associate agrees to not use or disclose PH I other than as permitted or required by this agreement or as Required by Law. 3.2 Business .Associate agrees to: a) Implement policies and procedures to prevent, detect, contain and correct Security violations in accordance with 46 CI=R § 164.306; (b) Prevent use or disclosure of the PHI other than as provided for by this Agreement or as required by lair; (c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that the Business Associate creates, receives, maintains, or transmits on behalf of the Covered Entity; and (d) Comply with the Security Rule requirements including the Administrative Safeguards, Physical Safeguards, Technical Safeguards, and policies and procedures and documentation requirements set forth in 45 CI=R §§ 164.308, 164.310, 164.312, and 164.316. 3.3 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 3.4 Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware. This includes any requests for inspection, copying or amendment of such information and including any security incident involving PHI. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, accessed, acquired, or disclosed during such security breach; and b All information required for the Notice to the Secretary of HHS of Breach of Unsecured Protected Health Information. 16 Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that ,apply through this Agreement to Business Associate with respect to such information. 3.7 If Business Associate has PHI in a Designated Record Set: a Business Associate agrees to provide access, at the request of Covered Entity during regular business hours, to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the requirements under 45 CPR §164.524; and MM OAS►. Contract AA- 1. 329 (b) Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or an Individual within 10 business days of receiving the request. 3.8 Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity, available to the Covered Entity or to the Secretary upon request of either for purposes of determining Covered Entity's compliance with the Privacy Rule. 3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. 3.10 Business Associate agrees to provide to Covered Entity or an individual, upon request, information collected in accordance with Paragraphs h and i above, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528 and ARRA § 13404. 3.11 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the confidentiality, integrity, and availability of PH I in electronic or any other form, that it creates, receives, maintains, or transmits on behalf of the Covered Entity. 3.12 Business Associate agrees to implement security measures to secure passwords used to access ePHI that it accesses, maintains, or transmits as part of this Agreement from malicious software and other man-made and natural vulnerabilities to assure the availability, integrity, and confidentiality of such information. 3.13 Business Associate agrees to implement security measures to safeguard ePHI that it accesses, maintains, or transmits as part of this agreement from malicious software and other man-made and natural vulnerabilities to assure the availability, integrity, and confidentiality of such information. 3.14 Business Associate agrees to comply with: (a) ARRA § 13404 (Application of Knowledge Elements Associated with Contracts); (b) AP RA § 13405 (Restrictions on Certain Disclosures and Sales of Health Information); and M ARRA § 13406 (Conditions on Certain Contacts as Part of Health Care Operations). 4�O Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement or any related agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. 5.0 Specific Use and Disclosure Provisions. 51 Except as otherwise limited in this agreement or any related agreement, 76/89 OAA Contract AA- 132 Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 5.2 Except as otherwise limited in this agreement or any related agreement, Business Associate may disclose PH I for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 6.3 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR §164.604ie i2 i)(B),only when specifically authorized by Covered Entity. 5.4 Business Associate may use PHI to report violations of lair to appropriate Federal and State authorities, consistent with 46 CFR §164-502(1 ). 6.0 Obligations of covered Entity. 6.1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI, by providing a copy of the most current Notice of Privacy Practices (NPP) to Business Associate as Attachment I to this Agreement. Future Notices and/or modifications to the NPP shall be posted on Covered Entity's website at www.all iancefora in a or . 6.2 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. 7.0 Permissible Requests by cowered Entity. Except for data aggregation or management and administrative activities of Business Associate, Covered Entity shall not request Business Associate to use or disclose PHI in any manner that could not be permissible under the Privacy rule if done by Covered Entity. &0 Effective Cate and Termination. 3.1 The Parties hereby agree that this agreement amends, restates and replaces any other Business Associate Agreement currently in effect between Covered Entity and Business Associate and that the provisions of this agreement shall be effective as follows. - (a) These Business Associate Agreement provisions, with the exception of the electronic security provisions and the provisions mandated by ARRA, H ITECH and Part I shall be effective upon the later of April 14, 2003, or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI, sa electronic security provisions hereof shall sw effective r r iw later April 21, 2005 or awe effective date we earliest entered wre between c xec Business sw and Covered b e ,we she mandated OAA Contract ..A- 1 29 effective the later of February 17, 2010 or the effective date of the earliest contract entered into between covered entity and business associate that involves the use of PHI or ePHI. 2 Termination for Causer Upon Covered Entity's Knowledge of a material breach by Business Associate, Covered Entity shall either: a Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (b) immediately terminate this agreement if Business Associate has breached a material term of this Agreement and cure is not possible; or c If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. 8.3 Effect of Termination. Except as provided in subparagraph (b) of this section, upon termination of this agreement, for any reason, Business Associate shall return all PHI and ePHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. a) This provision shall apply to PHI and ePHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI and ePHI. (b) In the event that Business Associate or Covered Entity determines that returning the PHI or ePHI is infeasible, notification of the conditions that male return of PHI or ePHI infeasible shall be provided to the other party. Business Associate shall extend the protections of this Agreement to such retained PHI and ePHI and limit further uses and disclosures of such retained PHI and ePHI, for a minimum of six years and so long as Business Associate maintains such PHI and ePHI, but no less than six 6) years after the termination of this agreement. 9.0 Regulatory References. A reference in this agreement to a section in the Privacy Pule or Security Pule means the section then in effect or as may be amended in the future. 10.0 Amendment. The Parties agree to take such action as is necessary to amend this agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Pule, the Security Pule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. 11.0 Survival. Any term, condition, covenant or obligation which requires performance by either party hereto subsequent to the termination of this agreement shall remain enforceable against such party subsequent to such terminations 12.0 interpretation. Any ambiguity in this agreement shall be resolved to permit Covered Entity to comply with the Privacy Pule and Security Pule. 13.0 Incorporation by reference. Any future new requirement(s), changes or deletion(s) enacted in federal law which create new or different obligations with respect to HIPAA privacy and/or security, shall be automatically incorporated by reference to this Business Associate Agreement effectiverespective 789 OAA Contract AA- 1329 14.0 Notices. All notices and communications required, necessary or desired to be given pursuant to this agreement, including a change of address for purposes of such notices and communications, shall be in writing and delivered personally to the other party or sent by express 24-hour guaranteed courier or delivery service, or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other party as follows (or to such other place as any party may by notice to the others specify): The Historic Sato Cigar F�CtOry 1200 Simonton St, Suite 2 2�7 Any such notice shall be deemed �yl u eipt. if any notice cannot be delivered or delivery thereof is refused, delivery will be deemed to have occu�'red on't e a e suc delivery was attempted. 15.0 Governing Law. The laws of the State of Florida, without giving effect to principles of conflict of laws, govern all matters arising under this agreement. 15.0 Severabiiity. If any provision in this agreement is unenforceable to any extent, the remainder of this agreement, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law. 17.0 Successors. Any successor to Business Associate (whether by direct or indirect or by purchase, merger, consolidation, or otherwise) is required to assume Business Associate's obligations under this agreement and agree to perform them in the same manner and to the same extent that Business Associate would have been required to if that succession had not taken place. This assumption by the successor of the Business Associate's obligations shall be by written agreement satisfactory to Covered Entity. 18.0 Entire Agreement. This agreement constitutes the entire agreement of the parties relating to the subject matter of this agreement and supersedes all other oral or written agreements or policies relating thereto, except that this agreement does not limit the amendment of this agreement in accordance with section 10.0 of this agreement. Covered Entity: By: (signature) Date: OAA Contract A.A- 1329 THIS PAGE INTENTIONALLY LEFT BLANK om OAA Contract AA- 1329 ATTACHMENT K Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline AGING AND DISABILITY RESOURCE CENTER (ADRC) — OUTSOURCED FUNCTIONS 1. If applicable, the provider agrees to the following: A. Perform ADRC outsourced functions in accordance with the Alliance's policies and procedures. i. Policies and Procedures for Outsourced Function -Screening ii. Policies and Procedures for Outsourced Function -Triage iii. Policies and Procedures for Activation from Waitlist- Client Services iv. Policies and Procedures for Termination from Waitlist- Client Services B. Maintain wait lists in CIRTS in accordance with DOEA requirements. C. Report number of client contacts to the Aging and Disability Resource Center. D. Adhere to prioritization policy as set forth by DOEA on a monthly basis. Reference DOEA Notice of Instruction: Assessed Priority Consumer List#:062906-1 +0VCS as applicable. E. Ensure the agency's Disaster Plan reflects ADRC Outsourced Functions, annually or as needed to incorporate ADRC outsourced functions. F. Ensure against conflicts of interest and inappropriate self -referrals by referring consumers in need of options counseling or long-term care services beyond the provider's scope of services to the Aging and Disability Resource Center. G. Ensure that services provided are in the clients' best interest, are the most cost effective, of high quality, and are responsive and appropriate to the assessed needs. The Assessed Priority Consumer List (APCL) is maintained when services funded by the department are not available. Contracted providers of registered services for Alzheimer' s Disease Initiative (ADI) and Older American's Act (OAA) maintain waiting lists in the CIRTS database for registered services when funding is not available. Registered Services for the above listed programs are as follows: Adult Day Care (ADC), Adult Day Health Care (ADHC), Chore (CHO), Escort (ESC), Home Delivered Meals (HDM), Home Health Aide (HHA), Homemaker (HIVIK), Model Day Care (MDC), Personal Care (PECA), Facility -Based Respite (RESF), In -Home Respite (RESP). 1= OAS. Contract AA-1 29 Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline Policy and Procedure for Outsourced function - Screening Creation Date: March 5, 2008 Revision Date: May 2012 Objective: To ensure that a comprehensive list of clients in need of services is maintained in CIRTS by appropriate funding source and that the ADRC 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. ADRC Contracted Providers will collect information from callers and conduct a 701A assessment. Alternatively, if a 701 B assessment already exists or is provided from another source (i.e. CARES) the information from the 701 B can be utilized. 2. Based on the information provided via the 701A(B) assessment, the ADRC Contracted Provider will make a determination as to the services that the caller is in need of receiving . 3. The ADRC Contracted Provider will determine the appropriate funding source(s) that provides the needed services. 4. If the caller is in need of a service(s) that is not provided by the ADRC Contracted Provider, the ADRC Contracted Provider will refer caller to the ADRC Elder Helpline utilizing the ADRC Referral Form and/or to an ADRC Contracted Provider that provides the needed service. 5. The caller will be provided with general information regarding the ADRC as well as the ADRC 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. ADRC 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]. tl If the ADRC Contracted Provider determines that the caller may qualifV, for more than one fundinf. source, ADRC Contracted Provider is encouraged to enter the appropriate information under multiple 82/89 OAA Contract AA-1329 funding sources. if there is an existing client record in CIRTS, the client record in CIRTS will be IT: 9. ADRC 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 DOE A Wait List Reassessment Standards and encourage caller to contact the ADRC Elder Helpline with any questions, I= OAA Contract AA- 1329 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Outsourced function - Triage Aww 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. ADRC 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 ADRC Contracted Provider will update the client information in CIRTS specifically as it pertains to level of need for services by funding source. 3. The ADRC Contracted Provider will ensure that the CIF TS 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 ADRC Contracted Provider, the ADRC Contracted Provider will refer caller to the ADRC Elder Helpline utilizing the ADRC Referral Form and/or to an ADRC 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/oi have been removed from the wait list for. 6. ADRC Contracted Provider will advise client of any change in their CIF TS priority score based on the updated information. 7. ADRC Contracted Provider will remind client of the ADRC Elder Help Line contact number and to contat the ADRC Elder Help Line with any questions or concerns. 8. As funding becomes available, ADRC Contracted Provider will run CIRTS Prioritization Report an( activate clients according to DOEA Standards (refer to ADRC Client Activation Policies and Procedures) The Contracted Provider will apply targeting criteria, as appropriate, to prioritized clients to ensure activations meet programmatic requirements. Alliance for Aging, Inc. 84189 OVA Contract AA- 1329 Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Activation From Wait List — CI ients/Sery ices Creation Date: March 5, 2008 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: ADRC will work with ADRC Contracted Providers to ensure that clients waiting for DOEA funded services begin to receive those services as funding becomes available. Procedure: 1. ADRC Contracted Provider will activate clients on CIRTS wait list based on DOEA prioritization polices and funding availability. 2. ADRC 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 ADRC 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 ADRC Contracted Provider under a temporary non-DOEA funding source and ADRC Contracted Provider determines that the clients' need will persist after the temporary funding source is exhausted. 5. ADRC 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. ADRC Contracted Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding the status of any of their services. am OVA Contract AA- 1329 Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline Policy and Procedure for Termination From Wait List — C I lents/Sery ices Creation Date: March 5, 2008 Revision Date: May 2012 Objective: To ensure that the comprehensive list of clients in need of services in CIRTS is appropriately maintained by funding source and that the ADRC is thereby able to effectively gauge the current level of elder service need in Miami -Dade and Monroe Counties. Policy: ADRC 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 ADRC Contracted Providers. Procedure: 1. ADRC. Contracted Provider will re -screen clients which the ADRC. 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. ADRC 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. ADRC. 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. ADRC Contracted Provider will inform the client of any services/funding source that they are being removed from the wait list for. 6. ADRC Contracted Provider will inform client of their ability to be re -added to the wait list if their level of need should change. 7. ADRC Contracted Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding their wait list status. 8. Reference DOEA Notice of Instruction: Assessed Priority Consumer List#:062906-1-1-OVCS as applicable, OAS. Contract AA-132 Aging and Disability Resource Center Monthly Client Data Report instructions TOTE: All Bernice providers are required to submit the Client Data Report on a monthly basis at the same time that they submit the Surplus Deficit Report and related expenditure plan to the contract Manager. Total # of Personal contacts f Calls Walk-ins Mail E-r alis or Fares : This is a count of all contacts during the reporting period from individuals seeping information, referral or assistance for themselves or others received by the ADRC, satellite office, any outsourced entity, or, to the extent possible, all access points with which the ADRC has an agreement. Contacts include telephone calls, wally -ins, mail, e-mails or faxes for the entire planning and service area. These are communications related to ADRC functions, including ADRC-related one-to-one outreach contacts when consumers are provided with information, referral or assistance for themselves or others. They do not include ADRC public education activities. Administrative and personal contacts are excluded. This number is not an unduplicated count. Documentation for the total count by type of contact and source receiving the contact must be maintained by the ADRC. am OAS Contract A.A- 132 THIS PAGE INTENTIONALLY LEFT BLANK I= OAA Contract AA- 1329 ATTACHMENT L CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 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 understands that pursuant to s. '..).87.1.35 F,S., any company at the time of bidding or sub mittino, a proposal for a new contract or renewal of an existing contract, that is on the "Scrutinized Companies with Z7 Activities in Sudan List"' or the "Scrutinized Companies with Activities in the Iran Petroleum Sector List (collectively, "the Lists") is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract pursuant to which funding its provided by the Department of Elder Affairs (Department) for goods or services of $1 million or more. (2) The Contractor understands that, pursuant to s. 287.135 F.S., any company that submits a false certification is subject to civil penalties, attorneys fees and costs and any costs for investigations that led to the finding of false certification. (3) The Contractor understands that the contract to which this form is an attachment may be terminated by the AAA if the Contractor submits a false certification or has been placed on the Lists. This certification, required by Florida law, 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. Z7) Signature Date (Same as contract signature) .......... . ................... . . .... MONROE;­, rl _D A`0R0\F/Er),AS T` YNTHIA L, HALL ASSISTANT U NJ T Y ATT 0 R N EY 7 0 at 91 County [ o€� The �`loIlda.Keys ` ; f _` e _ :. -_ 4 BOARD OF COUNTY COMMISSIONERS Mavor George Netigent, District.2 , ,Nlayor Pro Tem [leather Carruthers, District 3 Danny L ' �.olh � strict i arc, District David Rice District 4 Sylvia J. Murphy, District 5 ............ _ _ MON RO E � ` ' S��C AL S E R E:-_ - I 100 S I MONTON STREET, SUITE 190 KEY WEST, FLORIDA 33040 l2/26/12 ALLIANCE FOR AGING INC ATT: HORACIO SOBERON-FERRER 'DICE PRESIDENT OF FINANCE 760 NW l 07T" AVE, SUITE 214 MIAMI, FLORIDA 33172 Dear Horac io, Attached please find one original authorized copy of the OAA 2013 contract #AA-1329 for processing. This contract will be ratified at the next Board of County Commission meeting on Ill 61 t 3, however due to time constraints it was signed by our Deputy County Administrator, Debbie Fredericks. Sincerely, r-- 4Kim Wi es -Wean Sr. Grants Coordinator OAA Comract A.A- 13 219 **3, ......... . All Terms and Condi"flons Included This contract and its Attachments, I throucTh X, A, B, D� E, F, G, H, J, K, L and any exhibits referenced in said Z-7 attachments, together with any dOCLIments incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or ob164ations 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 13 page contract, to be executed by their Undersigned officials as duly authorized. Monroe County Soct"al Servkesl, . . . . ...... ...... A Al SIGNED NAME: L . ....... ........ TITLE- I bY i4i f DATE: ALLIANCE FOR AGING, INC. SIGNED BY: NAME.- MAX B. ROTH AN, JD, LL.M, TITLE.- PRESIDENT AND CEO DATE: BOARD of COUNTY AGENDA ITEM SUMMARY Meeting date.- '-) 1 / 2 0 I'l-2w Bulk Item.- Yes X No Division.. Deputy Cou.n.tv Administrator Department: Social Services Staff Contact Person: Sheryl Graham AGENDA DA ITEM WORDING: Approval of Amendment #006 to the Olde r Americans act (OAA) Contract AA-1 '2between the Alliance For Aging, Inc. (Area .gene on Aging) and the Conroe County Board of County Commissioners (Social Services In �' Home Services) for the current contract period of 1 / 1 � 1 ? to ? A 2 . ITEM BACKGROUND: Approval of Amendment #0Nutrition. o� � reduce � ,o �.00 from Screening C , reduce $95 Roo from Nutrition Counseling. b � 1, reduce ��9�.�0 from Nutrition Education C 1 and increase congregate Meals C 1 b�� � � � 5 . 4o. Total contract amount will remain the same at $41 ,494.67. This will allow the Nutritional Program additional g m to sere add�tiona cents in the congregate meal sites. This is not recurrent. PREVIOUS RELEVANT BOCC A CTIoN: Prior approval �� agranted to Amendment #004 t0 the Older Americans Act (OAA) Contract #A►.A►.-1229 on 9/19 CONTIUC /A.GREEM NT CHANGES. The funding for Title `1 congregate meads will increase b� �����5.40 from � 13533'��.1 � to � 13'� ��3.5'� Congregate Screenng C1 decrease b . 90 l 5.00 from $2,925.00 to S 1,910.00, Nutrition Counseling nseng Cl�'1 � decrease �� �956.00 from S .,906.00 to $950.00 and Nutrition Education Cl will de crease by $494.40 from $637.00 to 142.60• Total overall contract amount will remain the same at $417,494.67. STAFF RECOMMENDATIONS: Approval TOTAL COST.- $417,494-67 BUDGETED: Yes X o COST To COUNTY: S46,388.29 in kind snatch required) funds SOURCE OF FUNDS.- Grant REVENUE PRODUCING,: Yes N/A No AMOUNT PER: MONTHYEAR., r . APPROVED BY, COUntv Atty./i, OMB/Purc Ising Risk Managenient x`r F Df CtIMEN"'TION: 111CILided x Not .e qgyred ,f 1' w. MPtTo: IT MONROE COUNTY -BOARD OF COUNTY COMMISSIONERS CONTRACT SUMIMARY Contract with: Alliance For Aging., Inc. (AAA) zn Contract: AA-12"2W9 Amendment 4006 Effective Date: I / 1 /20 1. 1 Expiration Date: 12/13 1 /2. 0 12 Contract Purpose/Description: Approval of Amendment #006 to the Older Arneric . ins ns Act (OAA) Contract AA- 1'22.9 between the Alliance for Ag' ing, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services/In Home Services). Contract Manager:Shea;Graham 3 05-292- Social Seryices/Stop I 4510 (Name(Departi ) (Ext.) -nent/Stop For BOCC meetingon 12/12/2012 --Agenda Deadline: I I / o'2" 7 /2" 0 12 CONTRACT COSTS . . .......... -- Total Dollar Value of Contract: approx. $417,494.67 Current Year Portion: $ Budgeted? Yes X No 0 Account Codes.- 1205-6153112 - County Match: $46,388.29 Additional Match. - Total Match $46.,388.29 ADDITIONAL COSTS — Estimated Ongoing Costs- $ Syr For: (Not included in dollar value above) (e.g -faintenance, utilities, salaries, etc) ............ — Imomwal— = . N, utilities, janitorial, mwm�wwi CONTRACT REVIEW Date I n Changes Needed yr r Date Out Division Director Y e s E'. No,-"--L Or Risk Management 4 Yes No - - --------- - • O.M.B./Purcl) asing loll Lj Yes County, Attorney ... ...... . Yes N Q) 0" /V ....... .... . . . IF YJ t I Comments: .......... Amendment 006 CONTRACT AA-1 229 THIS AMENDMENT is entered into between the Alliance for. Aging, Inc. hereinafter referred to as the "Alliance", and . l nroe County oc al Services, 6 purposeThe of this amendment IR ede o reduce de $ 1,015 o Nutrition Screening C956.00 from Nutrition Counseling C1, reduce $494.40 from Nutrition education C1 and increase Congregate Meals $2,465.40 The Budget summary by Title for the whole fiscal year (January 1 -December 3 21 2) is as follows: Title c1 (CFDAICSFA # 3.045): $ 140,846.17 Title c2 cFDA/csF # 93.045 : $ 205, 65.15 Title III E cFDA/csFA # 93. 52 : $ 71,383.35 J'he Alliance shall make payment to the provider for provision of'serviCeS Lip to a maxIMLIM nuniber Of ni s of service and at the rate(s) stated below: Service(s) to be Provided Service Service i f Maximum Maximum o� �la��rnun� Tint date Dollars Service ConfirreLlate fleas C 1 $9.56 14,419 $137184 -57 Congregate Screening C 1 $20.00 95 $1,910.00 Nutrition Counsel n Cl $4 7 *50 ............ . 20 $950 Nutrition Education C 1 $0.20 713 $142.60 Home Delivered Meals C2$6.13 32,555 $199,562.15 Screening & Assessment C2 $?5.00 13 $5}34 1.00 N trition Education C21 $0.2-0 1,810 $362.00 In Home Respite 3 E $23.08 1,329 $30,677.50 Facility Re ate 31 $10-34 �936 $40,7 35.85 Total Contract S41" ,494.6 All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment, This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by heir undersigned officials as duly authorized, r s.. 3 PROVIDER, e -F r) R Q)LIANCE FOR AGING, INC. ........... ... ond��e Cut s�:��;� _�-...�:_ _ -- _ ._��..��., w R c; AL Services. A S ? p x IJ a ?Z - $ /.:: SIGNED BY: ......._. �........ _........... s G N E D' B _ ,• -A..-.,..............: ... DATE:TITLE.- TITLE: PresIdent & CEO ,