Item C49BOARD OF C UNY COMMISSIONERS
AGEN A ITEM SUMMARY
Meeting Date: 1/21/15 Division: Social Services
Bulk Item: Yes X No — Department: Social Services
Staff Contact Person: Sheryl Graham
(305)292- 4511 i
AGENDA ITEM WORDING: Request Ratification of the Alliance for Aging, Inc Standard
Contract, Older Americans Act (OAA) Contract AA-1529 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 I/1/15 to 12/31115.
ITEM BACKGROUND: The primary purpose of the OAA program is to foster the development and
implementation of comprehensive and coordinated systems to serve older individuals. The program
utilizes these systems to assist older individuals to attain and maintain maximum independence in a
home environment that allows for the capability of self -care with supportive services.
PREVIOU'S RELEVANT BOCC ACTION: Prior approval granted for Amendment 4;uv.) to the
Older Americans Act (OAA) Contract #AA-1429 on 10/17/2014, item C#7.
CONTRACT/AGREEMENT ;r not sp
licable
DOCUMENTATION: Included X Not Required To Follow
DISPOSITION: AGENDA ITEM #_
Revised 8/06
CONTRACT SUMMARY
Contract with: Alliance For Aging, Inc. Contract: AA-1529
(AAA) Effective Date: 1 / 1/ 15
Expiration Date: 12/3 1/ 15
Contract Purpose/Description: Request Ratification of the Alliance for Aging, Inc Standard Contract, Older
Americans Act (OAA) Contract AA-1529 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 1/1/15 to 12/31/15.
Contract Manager: Sheryl Graham 305-292- Social Services/Stop 1
4511
(Name) (Ext.) (Department/Stop ##)
For BOCC meeting on 1/21/15 Agenda Deadline: 1/6/15
Total Dollar Value of Contract: approx. $449,794.72
Budgeted Yes No Account Codes
County Match: $ 10% CASH MATCH
Additional Match:
Total Match $ 10% CASK MATCH
Estimated Ongoing Costs: $ /yr
(Not included in dollar value above)
Division Director
Risk Management
0.M.B./Purc asing
County Attorney,1
Comments:
�; .
Current Year Portion: $_
125-6153015_-
125-6153115= - -
125-6153215- -
125-6153415- - -
ADDITIONAL COSTS
For:
(e.g. Maintenance, utilities, janitorial, salaries, etc)
Changes
ed
Ye Nee No
Yes No
Yes No
Yes No
Date Out
i ORIGINAL
OAA Contract AA-1529
ALLIANCE FORAGING, INC.
STANDARD CONTRACT
OLDER AMERICANS ACT PROGRAM TITLE HI
THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "AAA," and
Monroe County Social Services", hereinafter referred to as the "Contractor", and collectively referred to as the "Parties."
The term contractor for this purpose may designate a vendor, sub -grantee or sub -recipient, the status to be further identified
in ATTACHMENT III, Exhibit-2 as necessary.
WITNESSETH THAT:
WHEREAS, the AAA has established through the Area Plan on Aging that it is in need of certain services as described
herein; and
WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such
services as an independent contractor of the AAA.
NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutu
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 this
contract including all attachments and exhibits, which constitute the contract document.
l.1 Definitions
DOEA 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 2012 OAA RI'P, including any addenda; the Contractor's
application in response to the 2012 OAA RFP; and the 2014 DOEA Programs and Services Handbook. In the
event of 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 2014 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, 2015 or on the date on which the contract has been signed by the last party
required to sign it, whichever is later. It shall end at midnight, local time in Miami, Florida, on December 31 2015,
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 amount
not to exceed $ 449,794.72 subject to the availability of funds. Any costs or services paid for under any other
contract or from any other source are not eligible for payment under this contract.
5, Renewals
By mutual agreement of the parties, the AAA may renew the contract for three additional one year renewal
periods, Any renewal is subject to the same terms and conditions as the original contract and contingent upon
satisfactory performance evaluations by the AAA and the availability of funds. This contract may be extended
upon mutual agreement for one extension period not to exceed six months. The contractor must submit a budget
OAA Contract AA-1529
within the first 30 days of this executed contract detailing how funding will be .spend, budget must be service
specific and must include the projected number of units and the total number of unduplicated clients that will be
served and monthly basis.
6. Compliance with Federal Law
6.1. If this contract contains federal fluids the following shall apply:
6.1. The Contractor shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations.
1
6.1. If this contract contains federal funds and is over $100,000,00, the Contractor shall comply with all applicable
2 standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C. 7401, et seq.), s.
508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as
amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The contractor shall
report any violations of the above to the AAA.
6.1. The Contractor, or agent acting for the Contractor, may not use any federal fiends received in connection with this
3 contract to influence legislation or appropriations pending before the Congress or any State legislature. If this
contract contains federal handing in excess of $100,000.00, the contractor must, prior to contract execution,
complete the Certification Regarding Lobbying form, ATTACHMENT H. All disclosure forms as required by the
Certification Regarding Lobbying form must be completed and returned to the Contract Manager, prior to payment
under this contract.
6.1. In accordance with Appendix A to 2 CFR 215, the contractor shall comply with Executive Order 11246, Equal
4 Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department o
Labor regulation 41 CFR 60 and 45 CFR 92, if applicable.
6.1. If this contract contains federal funds and provides services to children up to age 18, the contractor shall comply
5 with the Pro -Children Act of 1994 (20 U.S.C. 6081),
6.1. A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not
6 be made to parties listed on the government -wide Excluded Parties List System, in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The
Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible raider statutory or regulatory authority other than Executive Order 12549. The
Contractor shall comply with these provisions before doing business or entering into subcontracts receiving federal
funds pursuant to this contract. The Contractor shall complete and sip ATTACHMENT V prior to the execution
of this contract.
6.2 The Contractor shall not employ an unauthorized alien. The AAA shall consider the employment of unauthoriz&
aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324 a) and the Immigration Reform anc
Control Act of 1986 (8 U.S.C. 1100. Such violation shall be cause for unilateral cancellation of this contract by th(
AAA.
6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization
reporting requirements (filing a Form 990 or Form 990-N) and has its tax exempt status revoked for failing tc
comply with the filing requirements of the 2006 Pension Protection Act or for any other reason, the Contractor mus
notify the AAA in writing within thirty (30) days of receiving the IRS notice of revocation.
6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons.
2
OAA Contract AA- 1.529
6.5 Unless exempt under 2 CFR Part 170,110(b), the Contractor shall comply with the reporting requirements of the
Transparency Act as expressed in 2 CFR 170.
6.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number 11-116,
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
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 in
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. The Contractor shall provide units of deliverables, including various client services, and in some instances may
1 include reports, findings, and drafts, as specified in this contract, which the Contract Manager must receive and
accept in writing prior to payment.
7.2. The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a
2 proper pre -audit and post -audit..
7.2. If itemized payment for travel expenses is permitted in this contract, the contractor will submit bills for any travel
3 expenses in accordance with s. 112.061, F.S., or at such lower rates as may be provided in this contract.
7.2. The Contractor shall allow public access to all documents, papers, letters, or other public records as defined. in
4 subsection 119.011(12), F.S., made or received by the contractor in conjunction with this contract except for these
records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision shall
constitute an immediate breach of contract for which the AAA may unilaterally terminate the contract.
7.3 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427,
F.S., and Rule 41-2, F. A. C.
7.4 Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in
accordance with the provisions of s. 287.134, F.S.
7.5 The Contractor will comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S., which prohibit the
expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency.
7.6 In accordance with s. 287.135 F.S,, any contractor on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (Lists), created pursuant to s.
215.473 F.S., is ineligible to enter into or renew a contract funded through a DOEA contract for goods or services o
$1 million or more. The Alliance may terminate this contract if the Contractor is found to have submitted a false
certification of its status on the Lists or has been placed on the Lists. Further, the Contractor is subject to civil
penalties, attorney's fees and costs and any costs for investigations that led to the funding of false certification. I
this contract contains $1 million or more, the Contractor shall complete and sign ATTACHMENT L, Certification
Regarding Scrutinized Companies Lists, prior to the execution of this contract.
OAA Contract AA-1529
$. Backpround Screening'.
8.1 The Contractor shall ensure that the requirements of s. 430.0402 and Chapter 435, F.S., as amended, are met
regarding background screening for all persons who meet the definition of a direct service provider and who
are not exempt from the Department's level 2 background screening pursuant to s. 430.0402(2)-(3), F.S. The
Contractor must also comply with any applicable rules promulgated by the Department and the Agency for
Health Care Administration regarding implementation of s. 430.0402 and Chapter 435, F.S.
8.2 Further information concerning the procedures for background screening is found at
http://elderaffairs state fl.us/doea/bacl<UgLindscreening,plip.
8.3 Background Screening Affidavit of Compliance - To demonstrate compliance with section 6 of this
Master Contract, the Contractor shall submit ATTACHMENT G, Background Screening Affidavit of
Compliance annually, by January 15th.
9. Grievance and Complaint Procedures:
The Contractor shall develop and implement, and ensure that its subcontractors have established grievan
procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaii
regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures,
a minimuni, should provide for notice of the grievance procedure and an opportunity for review of t
subcontractor's determination(s).
9.1. Complaint Procedures:
The Contractor shall develop and implement complaint procedures and ensure that Subcontractors develop
and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint
procedures shall address the quality and timeliness of services, provider and direct service worker
complaints, or any other advice related to complaints other than termination, suspension or reduction in
services that require the grievance process as described in Appendix D, Department of Elder Affairs
Programs and Services Handbook. The complaint procedures shall include notification to all clients of the
complaint procedure and include tracking the date, nature of the complaint and the determination of the complaint.
10. Audits, Inspections Investigations, Public Records and Retention
10. The Contractor shall establish and maintain books, records and documents (including electronic storage media)
1 sufficient to reflect all assets, obligations, unobligated balances, income, interest and expenditures of funds
provided by the AAA under this contract. Contractor shall adequately safeguard all such assets and assure they a
used solely for the purposes authorized under this contract. Whenever appropriate, financial information should'
related to performance and unit cost data.
t0. The Contractor shall retain all client records, financial records, supporting documents, statistical records, and any
2 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. Upon demand, at no additional cost to the AAA, the Contractor will facilitate the duplication and transfer of
3 records or documents during the required retention period in Paragraph 10.2.
10. The Contractor shall assure that the records described in Paragraph 10 shall be subject at all reasonable times
4 inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the AAA.
10. At all reasonable times for as long as records are maintained, persons duly authorized by the AAA, DOE.A.
0
OAA Contract AA- 1529
5 Federal auditors, pursuant to 45 CFR 92.36(i)(10), shall be allowed full access to and the right to examine any of th,
Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the fore
in which kept.
10.6 The Contractor shall provide a financial and compliance audit to the AAA as specified in this contract and in
ATTACHMENT HI 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 audits
deemed necessary by the office of the DOEA's Inspector General pursuant to s. 20.055, R S.
11. Nondiscrimination -Civil Rights Compliance
11.1 The Contractor shall execute assurances in ATTACHMENT VI that it will not discriminate against any person in
the provision of services or benefits under this contract or in employment because of age, race, religion, color,
disability, national origin, marital status or sex in compliance with state and federal law and regulations. The
Contractor further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to
provide services or benefits in connection with any of its programs and activities are not discriminating against
clients or employees because of age, race, religion, color, disability, national origin, marital status or sex.
11.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete and accurate
Civil Rights Compliance Checklist (ATTACHME, NT B).
11.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving
services or benefits through this contract. These procedures will include notifying clients, employees, and
participants of the right to file a complaint with the appropriate federal or state entity.
11.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from
federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the
period during which such assistance is provided. The Contractor further assures that all subcontractors, vendors,
or others with whom it arranges to provide services or benefits to participants or employees in connection with any
of its programs and activities are not discriminating against those participants or employees in violation of the
above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands
that the AAA may, at its discretion, seek a court order requiring compliance with the terms of this assurance or
seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of
further assistance.
12. Provision of Services
The Contractor shall provide services in the manner described in ATTACHMENT 1.
13. Monitoring by the AAA
The Contractor shall permit persons duly authorized by the AAA to inspect and copy any records, papers,
documents, facilities, goods and services of the Contractor which are relevant to this contract, and to interview any
clients, employees and subcontractor employees of the Contractor to assure the AAA of the satisfactory
performance of the terms and conditions of this contract. Following such review, the AAA will deliver to the
Contractor a written report of its findings and request for development, by the Contractor, a corrective action plan
where appropriate. The Contractor hereby agrees to timely correct all deficiencies identified in the corrective
action plan.
14. Coordinated Monitoring with Other Aizencies
If the Contractor receives funding from one or more of the State of Florida human service agencies, in addition to
AAA funding, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of
this contract, and pursuant to s. 287.0575, F.S. as amended, Florida's human service agencies shall include the
OAA Contract AA.-1529
Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, the
Department of Veterans Affairs, and the Department of Elder Affairs. Upon notification and the subsequent
scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comply
and cooperate with all monitors, inspectors, and/or investigators.
15. Indemnification
The Contractor shall indemnify, save, defend, and hold harmless the AAA. and its agents and employees from any
and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the
execution of this agreement or performance of the services provided for herein. It is understood and agreed that the
Contractor is not required to indemnify the AAA for claims, demands, actions or causes of action arising solely out
of the AAA's negligence.
15.1 Except to the extent permitted by s. 768.28, F.S., or other Florida law, Paragraph 15 is not applicable to contracts
executed between the AAA and state agencies or subdivisions defined in s. 768.28(2), F.S.
16. Insurance and Bonding
16.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract
and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as
defined by subsection 768.28(2), F. S., the Contractor accepts full responsibility for identifying and determining the
type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Contractor
and the clients to be served under this contract. The Alliance shall be included as an additional insured on the
provider's liability insurance policy or policies and a copy of the Certificate of Insurance shall be provided
annually or when any changes —occur. The limits of coverage under each policy maintained by the Contractor do
not limit the Contractor's liability and obligations under this contract. The Contractor shall ensure that the AAA.
has copy of the most current written verification of insurance coverage throughout the term of this contract. Such
coverage may be provided by a self-insurance program established and operating under the laws of the State of
Florida. The AAA. reserves the right. to require additional insurance as specified in this contract.
16.2 Throughout the term of this agreement, the Contractor shall maintain an insurance bond from a responsible
commercial insurance company covering all officers, directors, employees and agents of the Contractor authorized
to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference
in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and
consistent with good business practices.
17. Confidentiality of Information_
The Contractor shall not use or disclose any information concerning a recipient of services under this contract for
any purpose prohibited by state or federal law or regulations except with the written consent of a person legally
authorized to give that consent or when authorized by law.
18. Health Insurance Portability and Accountability Act
Where applicable, the Contractor shall comply with the Health Insurance Portability and Accountability Act (42
USC 1320d.), as well as all regulations promulgated thereunder (45 CFR 160, 162, and 164).
19. Incident IReportin
19.1 The provider shall notify the contract manager for the Alliance immediately, but no later than within 48 hours,
from the provider's awareness or discovery of conditions that may materially affect the provider's ability to
perform., such as problems, delays, or adverse conditions which may impair the provider's ability to meet the
objectives of this contract or that may affect the health, safety or well-being of clients. The notice shall include a
brief sum aiy of the problem(s), a statement of the action taken or contemplated, time frames for implementation,
6
OAA Contract AA-1529
and any assistance needed to resolve the situation. Examples of reportable conditions may include:
■ proposed client terminations
■ provider financial concerns/difficulties
• non-payment or untimely payment reported by vendors
■ service documentation problems
® agreement non-compliance
■ service duality problems and consumer complaint trends
■ HIPAA violations
■ Potential fraud allegations or accusations of malfeasance by board members, employees,
volunteers, or other associates
The Alliance shall investigate allegations regarding falsification of client information, service records, payment
requests, and other related information. Substantiated allegations shall be reported to the Department's contract
manager and to law enforcement as appropriate.
In the event that a situation results in the cessation of services by a subcontractor, the provider retains the
responsibility for performance of all services covered by this contract and must ensure that clients continue
receiving services without interruption, e, g. exercising their emergency procurement procedures, temporary
assumption of the direct provision of services, etc.
19.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a
child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number
(1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Contractor
and its employees.
20. New Contracts) Reporting
The Contractor shall notify the AAA within ten (10) days of entering into a new contract with any of the four (4)
state human service agencies other than DOEA. The notification shall include the following information: (1)
contracting state agency; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5)
contract description and commodity or service; and (6) Contract Manager name and number, In complying with
this provision, and pursuant to s. 287,0575, F.S. as amended, the Contractor shall complete and provide the
information in ATTACIIMENT D.
21. Bankruptcy Notification
If, at any time during the term of this contract, the Contractor, its assignees, subcontractors or affiliates files a
claim for bankruptcy, the Contractor must immediately notify the AAA. Within ten (10) days after notification,
the Contractor must also provide the following information to the AAA: (1) the date of filing of the bankruptcy
petition; (2) the case number; (3) the court name acid the division in which the petition was filed (c. g., Northern
District of Florida, Tallahassee Division); and, (4) the name, address, and telephone number of the bankruptcy
attorney.
22. ,Snonsorshin and Publicit
22.1 As required by s. 286.25, F.S., if the Contractor is a non -governmental organization which sponsors a program
financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in
publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name),
the State of Florida Department of Elder Affairs and the Alliance for Aging, Inc." If the sponsorship reference is
7
OAA Contract AA-1529
in written material, the words " State of Florida, Department of Elder Affairs" and. "Alliance for Aging, Inc."
shall appear in at least the same size letters or type as the name of the organization.
22.2 The Contractor shall not use the words "The State of Florida Department of Elder Affairs" or "Alliance for Aging,
Inc." to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by
the AAA prior to use.
23. Assignments
23.1 The Contractor shall not assign the rights and responsibilities under this Contract without the prior written approval'
of the AAA, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise
occurring without prior written approval of the AAA will constitute a material breach of the contract.
23.2 The AAA shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under
this contract to another agency upon giving prior written notice to the Contractor. In the event the AAA approves
transfer of the Contractor's obligations, the Contractor remains responsible for all work performed and all
expenses 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
in response to the 2012 OAA RFP, whether actually furnished by the Contractor or its subcontractors. Any
subcontracts shall be evidenced by a written document and subject to any conditions of approval the AAA deems
necessary. The Contractor further agrees that the AAA shall not be liable to the subcontractor in any way or for
any reason. The Contractor, at its expense, 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 sponsoring
agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, F.S., unless otherwise
stated in the contract between the Contractor and subcontractor, will result in a penalty as provided by statute,
24.3 ,Service Cost Reports - The Contractor shall require Subcontractors to annually submit to the Contractor
service cost reports, which reflect actual costs of providing each service by program.
Feuding Obligations:
25.
The Alliance acknowledges its obligation to pay the Contractor for the performance of the
25.1. Contractor's duties and responsibilities set forth in any contract or agreement incorporating in this agreement.
The Alliance shall not be liable to the Contractor for costs incurred or performance rendered unless
25.2. such costs and performances are in accordance with the terms and conditions of any contract or agreement
executed between the parties, which incorporates this Contract, including but not limited to terms, governing the
Contractor's promised performance and unit rates and/or reimbursement capitations specified.
The Alliance shall not be liable to the Contractor for any expenditures which are not allowable costs as
25.3. defined in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in
accordance with all applicable state and federal rules.
The Alliance shall not be liable to the Contractor for expenditures made in violation of regulations
25.4. promulgated under the Older Americans Act, as amended, or in violation of applicable state and federal
OAA Contract AA-1529
laws, rules, or provisions of any contract or agreement incorporating in this Contract.
26. Independent Cauacity of Contractor
It is the intent and understanding of the Parties that the Contractor, or any of its subcontractors, are
independenteontractors and are not employees of the AAA and shall not hold themselves out as employees or
agents of the AAA without specific authorization from the AAA. It is the further intent and understanding of the
Parties that the AAA. does not control the employment practices of the Contractor and shall not be liable for any
wage and hour, employment discrimination, or other labor and employment claims against the Contractor or its
subcontractors. All deductions for social security, withholding taxes, income taxes contributions to
unemployment compensation funds and all necessary insurance for the Contractor shall be the sole responsibility
of the Contractor.
27. Payment
27.1 Payments will be made to the Contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the
Contractor. The AAA's Contract Manager will have final approval of the invoice for payment, and will approve
the invoice for payment only if the Contractor hasmet all terms and conditions of the contract, unless the bid
specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the
AAA's fiscal section for budgetary approval and processing. Disputes arising over invoicing and payments will be
27.2. resolved in accordance with the provisions of s. 215.422 F.S.
The Contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre audit and post audit thereof The contractor shall comply with the particular
requirements under the following laws and guidelines that are applicable to the contracts or agreements
incorporating in this Contract by reference: (a) paragraph (16) (b) of section 216.181, F.S., regarding
advances; (b) Rule 69I-40.103 F.A.C, pertaining to Restriction of Expenditures from state fiends; and, (c)
the Invoice Requirements of the Reference Guide for State Expenditures from the Department of
Financial Services at:
(http://www.myfloridaefo.eom/aadir/reference guide/Reference Guide For State Expenditures.pdt).
The Contractor will certify that detailed documentation is available to support each item on the itemized
invoice or payment request for cost reimbursed expenses, fixed rate or deliverables contracts or
agreements incorporating this Contract by reference, including paid Subcontractor invoices, and will be produced
upon request by the Alliance. The Contractor will further certify that reimbursement requests are only for allowable
expenses as defined in the laws and guiding circulars cited in Sections 4 and 5 of this Contract, in the Reference
Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do
not exceed amounts budgeted in the Contractor's approved area plan as developed in accordance with and pursuant
to section 306(a) of the Older Americans Act of 1965, as amended.
27.3. The Contractor and Subcontractors shall provide units of deliverables, including reports, findings, and
drafts as specified in the contracts or agreements and attachments which incorporate this Contract
and the area plans developed by the Contractor (pursuant to section 306(a) of the Older Americans Act), to be
received and accepted by the Contract Manager prior to payment.
27.4. Payments will be made to the Contractor based on a complete and correct invoice, invoices that are incomplete
with incorrect total will not be processed and will be returned to the Provider for correction. Fiscal staff will
not be able to correct or make changes to the invoices. Returning invoices for corrections may result in failure to
receive payment for that month, Invoices shall be submitted timely as per ATTACHEMENT VIII in order to avoid
any payment delays.
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OAA Contract AA-1529
28. Return of Funds
The Contractor will return to the AAA any overpayments due to unearned funds or funds disallowed and anyj
interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the
Contractor by the AAA. In the event that the Contractor or its independent auditor discovers that ail overpayment,
has been made, the Contractor shall repay said overpayment immediately without prior notification from the AAA.'
In the event that the AAA first discovers an overpayment has been made, the Contract Manager, on behalf of the
AAA, will notify the Contractor by letter of such findings. Should repayment not be made forthwith, the Contractor
will be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after AAA
notification or Contractor discovery.
29. Data Integrity and SafecuardinL Information
The Contractor and its subcontractors shall insure an appropriate level of data security for the information the
Contractor is collecting or using in the performance of this contract. An appropriate level of security includes
approving and tracking all contractor employees that request system or information access and ensuring that user
access has been removed from all terminated employees. The Contractor, among other requirements, must
anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely
backed up to insure recovery from losses or outages of the computer system. The security over the backed -tip data
is to be as stringent as the protection required of the primary systems. The Contractor must maintain written
procedures for computer system back up and recovery. The Contractor shall complete and sign ATTACHMENT
IV prior to the execution of this contract.
30. Computer Use and Social Media Policy
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 DOEA's policy regarding social media.
Social Media includes, but is not limited to blogs, podcasts, discussion forums, Wikis, RSS feeds, video
sharing, social networks like MySpace, Facebook and Twitter, as well as content sharing networks such as flickr
and YouTube (ATTACHMENT E). This policy is available on the Department's website at:
http://elderaff,tirs.state.f.l.us/doca/financial.pl-_ip
31. Conflict of Interest
The Contractor shall establish safeguards to prohibit employees, board members, management and subcontractors
from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest or personal gain. No employee, officer or agent of the Contractor or subcontractor shall
participate in selection, or in the award of an agreement supported by State or Federal funds if a conflict of
interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent;
(b) any member of his/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is
about to employ, any of the above, has a financial or other interest in the firm selected for award. The Contractor
or any subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of
monetary value from contractors, potential contractors, or parties to subcontracts. The Contractor's board
members and management must disclose to the AAA any relationship which may be, or may be perceived to be, a
conflict of interest within thirty (30) calendar days of an individual's original appointment or placement in that
position, or if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of
this contract. The Contractor's employees and subcontractors must make the same disclosures described above to
the Contractor's board of directors. Compliance with this provision will be monitored,
32. Public Entity Crime
Pursuant to s. 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity
crimes to transact business with the AAA. A person or affiliate who has been placed on the convicted vendor list
10
OAA Contract AA-1529
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide'
any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287,017, F.S., for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list.
33. Patents, Copyrights, Royalties
If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed,
produced or for which ownership was purchased in the course of or as a result of work or services performed under
this contract, the Contractor shall refer the discovery; invention or material to the AAA to be referred to the
Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to
the State of Florida in accordance with Chapter 286, F.S. Pursuant to. s. 287.0571 (5) (k) 1 and 2 as amended, the
only exceptions to this provision shall be those that are clearly expressed and reasonably valued in the contract.
33.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an
-unencumbered right to use such property, notwithstanding any agreement made pursuant to Paragraph 33.
3.2 if this contract is awarded solely with federal funding, the terms and conditions are governed by 2 CFR
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 the
administration and coordination of services necessary for client health, safety or welfare; the Contractor shall,
within thirty (30) calendar days of the execution of this contract, submit to the Contract Manager verification of an
emergency preparedness plan (Continuity of Operations Plan.) In the event of an emergency, the Contractor shall
notify the AAA of emergency provisions. .
34.2 In the event, a situation results in a cessation of services by a subcontractor, the Contractor will retain responsibility
for performance under this contract and must follow procedures to ensure continuity of operations without
interruption.
35. FAnipment:
35.1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more
than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level
established by the organization for the financial statement purposes, or $5,000.00 [for federal funds], or (b);
nonexpendable, tangible personal property of a non -consumable 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].
35.2 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 CFR Part 2.15
Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the
elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at
least once every two years. (c) a control system to ins-u-e 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 Department upon request. The
Contractor shall promptly investigate, frilly document and notify the Contract Manager of any loss,
11
OAA Contract AA- 1529
damage, or theft of equipment. The Contractor shall provide the results of the investigation to the Contract
Manager,
35.3.. The Contractor's property management standards for equipment acquired with Federal fiends and federallyowned
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 elate the information 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.
35.4. Equipment shall not be purchased without the written consent of the AAA
Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased
with state fiends with an acquisition cost over $1,000.00 that is specifically identified in the Provider's application
and contract approved by the AAA is part of the cost of carrying out the activities and functions of the grant
awards and Title (ownership) will vest in the Contractor, subject to the conditions of 2 CFR Part 215
Administrative Requirements (formerly OMB Circular A-110), Subpart C, paragraph 34, Equipment
purchased under these thresholds is considered supplies and is not subject to property standards. Equipment
purchased with funds identified in the budget attachments to agreements covered by any contract or
agreement incorporating this Master Contract by reference, or identified in the sub -agreements with
Subcontractors (not included in a cost methodology), is subject to the conditions of section 273, F. S. and
60A-1.0017, F. A. C. or Title 45 CFR Part 74,
35.5.
The Contractor shall not dispose of any equipment or materials provided by the AAA, or purchased
with fiords provided through any contract without first obtaining the approval of the Contract Manager. When
disposing of property or equipment the Contractor must submit a written request f6r disposition instructions to the
respective Contract Manager. The request shouldinclude a brief description of the property, purchase price,
funding source, and percentage of state or federal participation, acquisition date and condition of the property. The
request should also indicate the Contractors proposed disposition (i.e., transfer or donation to another agency that
administers federal programs, offer the items for sale, destroy the items, etc.)
35.6. The AAA's Contract Manager will issue disposition instructions.. If disposition instructions are not received within
120 days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR
Part 215 Administrative Requirements (formerly OMB Circular A-110).
35.7. 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 any contract or agreement without the prior approval of the AAA. Real
property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35,
Subchapter III, Part A., Sec, 3030b United States Code (USC). Real property purchases frown state fiends can only
be made through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of
section 216.348, F.S.
35.8.
Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested
12
359.
OAA Contract AA-1529
prior to disposal to ensure no confidential information remains.
The Contractor must adhere to the Alliance's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any contract or agreement.. An ITR worksheet is required for any computer
related item costing $1,000.00 or more, including data processing hardware, software, services, supplies,
maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the LAN
administrator's file and must be provided to the AAA upon request. The Contractor has the responsibility to require
any Subcontractors to comply with the Alliance's ITR procedures.
36. PUR 1000 Form
State of Florida, Department of Management Services PUR 1000 Form is hereby incorporated by reference. In the
event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or
conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or
conditions in the PUR 1000 Norm are required by any section of the Florida Statutes, the terms or conditions
contained in the PUR 1000 Form shall take precedence.
37. Use of State Funds to Purchase or Improve Real Property
Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor
or political subdivision granting to the state a security interest in the property at least to the amount of state funds
provided for at least 5 years from the date of purchase or the completion of the improvements or as further
required by law.
38. Dispute Resolution
Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce the
decision to writing and serve a copy on the Contractor.
39. Financial Consequences of Non -Performance
If the Contractor fails to meet the minimum level of service or performance identified in this agreement, or that is
customary for the industry, then the AAA may apply financial consequences commensurate with the deficiency.
Financial consequences may include but are not limited to contract suspension, refusing payment, withholding
payments until deficiency is cured, tendering only partial payments, and/or cancellation of contract and reacquiring
services from an alternate source.
38.1 The Contractor shall not be charged with financial consequences, when a failure to perform arises out of causes
that were the responsibility of the AAA..
40. No Waiver of Sovereign Immunity
Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which
sovereign :immunity may be applicable.
41. Venue
If any dispute arises out of this contract, the venue of such legal recourse will be Miami -Dade County, Florida.
42. Entire Contract
This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or
representations shall be valid or binding upon the AAA or the Contractor unless expressly contained herein or by a
written amendment to this contract signed by both Parties.
43. Force Maieure
The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control,
provided the party experiencing the force maj eure condition provides immediate written notification to the other
13
OAA Contract AA-1529
party and takes all reasonable efforts to cure the condition.
44. Severability 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.
45. Condition Precedent to Contract: Appropriations
The Parties agree that the AAA's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature.
46. Addition/Deletion
The Parties agree that, notwithstanding the terms of the procurement documents and actions leading to this
contract, the AAA reserves the right to add or to delete any of the services required under this contract when
deemed to be in the best interest of the elder population targeted by the Area Plan and reduced to a written
amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added.
47. Waiver
The delay or failure by the AAA to exercise or enforce any of its rights under this contract shall not constitute or
be deemed a waiver of the AAA's right thereafter to enforce those rights, nor shall any single or partial exercise of
any such right preclude any other or further exercise thereof or the exercise of any other right.
48. Compliance
The Contractor shall abide by all applicable current federal statutes, laws, rules and regulations as well as
applicable current State statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to
abide by these laws shall be deemed an event of default of the Contractor, and subject the contract to immediate,
unilateral cancellation of the contract at the discretion of the AAA.
49. Final invoice
The Contractor shall submit the final invoice for payment to the AAA as specified in Paragraph 3.3.4. (date for
final request for payment) of ATTACHMENT 1. If the Contractor fails to submit final request for payment by the
deadline, thenall rights to payment may be forfeited and the AAA may not honor any requests submitted after the
aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due
from the Contractor and necessary adjustments thereto have been approved by the AAA.
So. Ilene-zotiations or Modifications
Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and
duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to
reflect price level increases and changes in the rate of payment when these have been established through the
appropriations process and subsequently reflected in the AAA's contract with DOEA pursuant to which the AAA
administers funding under this contract.
51. Suspension of Work:
The Alliance may in its sole discretion suspend any or all activities under this Contract and any Contract or
agreement incorporating in this Contract, at any time, when in the best interests of the State to do so. The Alliance
shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such
circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders, Within ninety days, or any longer period agreed to by the Contractor, the Alliance
shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate
the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation.
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OAA Contract AA-1529
52. Termination
52.1 This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice
inwriting to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered
by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by band delivery
to the Contract Manager or the representative of the Contractor responsible for administration of the contract.
52.2 In the event funds for payment pursuant to this contract become unavailable, the AAA may terminate this contract
upon no less than twenty-four (24) hours notice in writing to the Contractor. Said notice shall be delivered by U.S.
Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the
Contract Manager or the representative of the Contractor responsible for administration of the contract. The AAA
will be the final authority as to the availability and adequacy of funds. In the event of termination of this contract,
the Contractor will be compensated for any work satisfactorily completed prior to the date of termination.
52.3 This contract may be terminated for cause by the AAA upon no less than twenty-four (24) hours notice in writing
to the Contractor. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms and conditions of this contract. The
provisions herein do not limit the AAA's or the Contractor's rights to remedies at law or in equity.
52.4 Failure to have performed any contractual obligations with the AAA in a manner satisfactory to the AAA will be a
sufficient cause for termination. To be terminated as a contractor larder this provision, the Contractor must have (1)
previously failed to satisfactorily perform in a contract with the AAA, been notified by the AAA of the
unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the AAA; or
(2) had a contract terminated by the AAA for cause.
53.. Electronic Records and Signature
The AAA 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 Uniform Electronic Transaction Act, s. 668.50, Fla. Stat. All electronic
records must be fully auditable; are subject to Florida's Public records Law, ch. 119, Fla. Stat,; roust 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.
53.1 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.
53.2 Upon request by the AAA, the Contractor shall provide the AAA or DOEA with non -electronic (paper)
copies of
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
54. electronically signed the document on any non -electronic copy of the document,
Special Provisions:
The Contractor agrees to the following provisions:
54.1 Investigation of Criminal Allegations.
Any report that implies criminal intent on the part of the Contractor or any Subcontractors and referred to
15
4AA Contract AA-1529
a governmental or investigatory agency must be sent to the Alliance. If the Contractor has reason to
believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United
States Attorney's office, or other governmental agency, the Contractor shall notify the Alliance immediately. A
copy of all documents, reports, notes or other written material concerning the investigation, whether in the
possession of the Contractor or Subcontractors, must be sent to the Alliance's contract manager with a summary of
the investigation and allegations.
54.2 Volunteers:
The Contractor shall ensure the 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.
54.3 Enforcement:
54.3.1 In accordance with Section 430.04, F.S., the AAA may, without taking any intermediate
measures available to it against this Contract rescind this Contract if the AAA finds that:
54.3.2 An intentional or negligent act of the Contractor has materially affected the health, welfare, or
safety of clients served pursuant to any contract or agreement incorporating this Master Contract
by reference, or substantially and negatively affected the operation of services covered under any contract
or agreement;
54.3.3 The Contractor lacks financial stability sufficient to meet contractual obligations or that
contractual funds have been misappropriated;
54.3.4 The Contractor has committed multiple or repeated violations of legal and regulatory standards,
regardless of whether such laws or regulations are enforced by the AAA, or the Contractor
has committed or repeated violations of AAA standards;
54.3.5 The Contractor has failed to continue the provision or expansion of services after the declaration
of a state of emergency; and/or
54.3.6 The Contractor has failed to adhere to the terms of any contract or agreement incorporating in this
Contract.
54.3.7 In the alternative, the Department may, at its sole discretion, in accordance with section 430.04,
F.S., take immediate measures against the Contractor, including: corrective action, unannounced
special monitoring, temporary assumption of the operation of one or more contractual services,
placement of the Contractor on probationary statics, imposing a moratorium on Contractor action,
imposing financial penalties for nonperformance, or other administrative action pursuant to
Chapter 120, F.S.
54.3.8 In malting any determination under this provision the AAA may rely upon the findings of
another state or federal agency, or other regulatory body. Any claims for damages for breach of
any contract or agreement are exempt from administrative proceedings and shall be brought before the
appropriate entity in the venue of Miami -Dade County.
54.4 Use of Service Dollars/Wait List Management:
The Contractor will spend all federal, state, and other funds provided by the Alliance, for the purpose specified in
each contract or agreement incorporating in this Contract. The Contractor must manage the service dollars to ensure
that the Assessed Prioritized Consumer List (APCL) contains no individuals who have been assigned a ranking of
four (4) or five (5) when service dollars are available. Providers must also follow its targeting criteria when
channeling clients into the Program.. If the Alliance determines that the Contractor is not spending funds
accordingly, the Alliance may transfer fiends to other providers during the contract period and/or adjust subsequent
funding allocations accordingly, as allowable under state and federal law.
16
OAA Contract AA-1529
54.5 The Contractor agrees to spend funds as detailed in the area plan update and the Budget Summary,
included in each contract or agreement incorporating this Contract, Any changes in the amounts of federal or general
revenue fLmds identified on the Budget Summary form require a contract amendment.
54.6 Surplus/Deficit Report:
The Contractor will respond to the consolidated surplus/deficit report in a format provided by the Alliance to
the Alliance's Contract Manager, Surplus/ (deficit) reports must be submitted with the monthly request for payment.
This report is for all services provided in this agreement incorporating in this Contract between the Contractor and
the AAA, The report will include the following:
54,6.1 A list of all Services and their current status regarding surplus or deficit, and why they differ from its original
projections.
54.6.2 The Contractor's detailed plan on how the surplus or deficit spending exceeding the 1 % threshold
specified by the Alliance will be resolved;
54.6.3 Recommendations to transfer funds to resolve surplus/deficit spending. (Providers must adhere to AAA's
modified spending policy when making such requests);
54.6.4 Input from the Contractors Board of Directors on resolution of spending issues, if applicable;
54:6.5 Number of clients currently on the APCL, that receive a priority ranking score of four (4) or five
(5); and
54.6.6 Number of clients currently on the APCL designated as Imminent Risk.
55. SurpIus Recapture.
In accordance with its surplus/deficit management policies, in order to maximize available funding and
minimize the time that potential clients must wait for services, the AAA in its sole discretion can reduce
funding awards if the Contractor is not spending according to monthly plans and is projected to incur a
surplus at the end of the year,
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OAA Contract AA-1529
56. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
The Contractor name, as shown on page 1 of this
Contractor's name and address
a.
contract, and mailing address of the official payee to
Monroe County Social Services
whom the payment shall be made is:
Gato Building
1100 Simonton Street, Suite 2-256
Key West, FL 33040
The name of the contact person and street address
Finance person for contractor and address
b.
where financial and administrative records are
Sheryl Graham
maintained is:
1100 Simonton Street, Suite 2-256
Key West, FL 33040
The name, address, and telephone number of the
Contractors CEO Info,
c'
represcntative of the Contractor responsible for
Sheryl Graham
administration of the program under this contract is;
1100 Simonton Street, Suite 2-256
Key West, FL 33040
305-292-4510
I
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 33172-3155
Contract Manager
0.
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 2144
Miami, Florida 33172-3155
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-1529
56. 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 said
attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed
upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein,
and this contract shall supersede all previous communications, representations or agreements, either written or
verbal between the Parties.
By signing this contract, the Parties agree that they have read and agree to the entire contract.
IN WITNESS THEREOF, the Parties hereto have caused this 89 page contract, to be executed by their
undersigned officials as duly authorized.
Monroe County Social Services.
19
ALLIANCE FOR AGING, INC.
SIGNED BY:
NAME: MAX B. ROTHMAN, JD, LL.M.
TITLE: PRESIDEN AND CEO
DATE:^
OAA Contract AA-1529
ATTACHMENT
ATTACHMENT DESCRIPTION
PAGE
ATTACHMENT I
STATEMENT OF WORK
21-32
ATTACHMENT II
CERTIFICATION REGARDING LOBBYING
33
ATTACHMENT III
FINANCIAL COMPLIANCE AUDIT ATTACHMENT
35-38
ATTACHMENT III
EXHIBIT 1
FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT
39
ATTACHMENT III
EXHIBIT 2
AUDIT REPLATIONSHIP DETERMINATION
41
ATTACHMENT IV
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
43
ATTACHMENT V
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
45
ATTACHMENT VI
ASSURANCES - NON -CONSTRUCTION PROGRAMS
47-48
ATTACHMENT VII
CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE
49
ATTACHMENT VVIII
OLDER AMERICANS ACT CONTRACT REPORT CALENDAR
51
ATTACHMENT IX
REQUEST FOR PAYMENT
53
ATTACHMENT X,
EXHIBIT 2
RECEIPTS AND EXPENDITURES, TITLE IIIB, IIIC1, AND IIIC2
55
ATTACHMENT X,
EXHIBIT 3
RECEIPTS AND EXPENDITURES, TITLE IIIE
57
ATTACHMENT A
DEPARTMENT OF ELDER AFFAIRS' PROGRAMS & SERVICES
HANDBOOK (ON ALLIANCE FOR AGING, INC. INTERNET SITE)
59
ATTACHMENT B
DEPARTMENT OF ELDER AFFAIRS' CIVIL RIGHTS COMPLIANCE
CHECKLIST AND INSTRUCTIONS
61-64
ATTACHMENT D
PROVIDER'S STATE CONTRACTS LIST
68
ATTACHMENT E
DEPARTMENT'S COMPUTER USE POLICY AND ITS SOCIAL MEDIA
POLICY, PROVIDED ON CD INSTRUCTIONS
69
ATTACHMENT F
INTENTIONALLY OMITTED.
ATTACHMENT G
BACKGROUND SCREENING - AFFIDAVIT OF COMPLIANCE
71
ATTACHMENT H
VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION
72
ATTACHMENT I
INTENTIONALLY OMITTED,
ATTACHMENT J
BUSINESS ASSOCIATE AGREEMENT
73-80
ATTACHMENT K
ADRC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS
81-87
ATTACHMENT L
CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST
89
INDEX TO CONTRACT ATTACHMENTS
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OAA Contract AA-1529
ATTACHMENT I
ALLIANCE FOR AGING, INC.
STATEMENT OF WORK
OLDER AMERICANS ACT PROGRAM TITLE III
SECTION 1 SERVICES TO BE PROVIDED
1.1 DEFINITIONS OF TERMS AND ACRONYMS
1.1.1 CONTRACT ACRONYMS
ADL — Activities of Daily Living
APS — Adult Protective Services
AIRS — Alliance of Information & Referral Systems
ADA — Americans with Disabilities Act
AAA — Area Agency on Aging (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
MOU — 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
delivery system in its planning and service area in accordance with the Section 306 (42 U.S.C. 3026) of the Older
Americans Act and 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 Tracl6ng System (CIRTS). An update may also include other revisions
to the area plan as instructed by the DOEA..
Child: An individual who is not more than 18 years of age or an individual with disability.
Family Caregiver: An adult family member, or another individual, who is an informal provider of in -home and
community care to an older individual.
Frail: When an older individual is unable to perform at least two activities of daily living (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 and who lives with the child; is the primary caregiver of the child because the biological or adoptive
parents are unable or unwilling to serve as the primary caregiver of the child; and has a legal relationship to the
child, such as legal custody or guardianship, or is raising the child informally.
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OAA Contract AA-1529
la 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 families.
1.3 GENERA.L DESCRIPTION
1.31 General Statement
The OAA Program is a federal program initiative that provides assistance to older persons and caregivers and is
the only federal supportive services program directed solely toward improving the lives of older people. The
program provides a framework for a partnership among the different levels of government and the public and
private sectors with a common objective, improving the quality of life for all older individuals by helping them
to remain independent and productive. The primary purpose of the OAA program is to foster the development
and 'implementation of comprehensive and coordinated systems to serve older individuals. The OAA program
uses these systems to assist older individuals to attain and maintain maximum independence and dignity in a
home environment and allows for the capability of self -care with appropriate supportive services.
1.3.2 Authority
The relevant references authority governing the OAA program are:
(1) Older Americans Act of 2006, as amended;
(2) Rule 58A-1, Florida Administrative Code; and
(3) Section 430.101, Florida Statutes.
1.3.2.1 Incorporation of Reference Memoranda
ha accordance with the AAA's Contract with DOEA, the following Florida Department of Financial Services,
Chief Financial Officer Memoranda, are provided for informational purposes and incorporated by reference:
(1) CFO Memo No. 02:. Release date, August 20, 2010,
(2) CFO Memo No. 03: Release date, June 29, 2010; and
(3) CFO Memo No. 06: Release date, June 30, 2010.
1.3.3 Scope of Service
The Contractor is responsible for providing the services as required by this contract and as described in the
Contractor's application(s) submitted in response to the 2012 OAA RFP. The services shall be provided in a
manner consistent with and described in the current Department of Elder Affairs Programs and Services
Handbook.
1.3.4 Major Program Goals
The major goals of the OAA program are to improve the duality of life for older individuals, preserve their
independence and. prevent or delay more costly institutional care. These goals are achieved through the
implementation of a comprehensive and coordinated service system that provides a continuum of service
alternatives that meet the diverse needs of elders and their caregivers.
1.35 Leadership and Advocacy
As a designated. Focal Point, a provider is encouraged to provide coordination of services for older individuals.
The 'Provider must also provide comrunity leadership on aging issues and serve as the advocate and focal point
for the elderly within the community in cooperation with agencies, organizations and individuals participating in
activities funded by the Alliance, Advocacy should include initiating positive changes in public or private
policies and attitudes towards older persons, taking action to improve, modify, or eliminate situations which
adversely impact on lives of older persons, or expressing support for older persons and their interests. Advocacy
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OAA Contract AA-1529
activities may be broadly supportive of the general interests of older persons or may involve specific activities on
behalf of individuals,"
1.4 INDIVIDUALS TO BE SERVED
1.4.1 Eligibility (Title III Programs)
1.4.1.1 OAA Title III, General
Consumers shall not be dually enrolled in an OAA program and a Medicaid eapitated long-term care program.
1.4.1.2 OAA Title HIB, Supportive Services
Eligibility for OAA Title HIB, Supportive Services, are as follows:
® Individuals age 60 or older; and
1.4.1.3 OAA Titles HIC1 and C2, Nutrition Services, General
General factors that should be considered in establishing priority for Nutrition Services, both C1 and C2, include
those older persons who:
(1) Cannot afford to eat adequately;
(2) Lack the skills or knowledge to select and prepare nourishing and well-balanced meals;
(3) I -lave limited mobility which may impair their capacity to shop and cook for themselves; or
(4) Have a disabling illness or physical condition requiring nutritional support or have been screened at a high
nutritional risk.
1.4.1.3.1 OAA Title HIC1, Congregate Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I,
Paragraph 1.4.1.3 individuals must be mobile, not homebound and physically, mentally and medically able to
attend a congregate nutrition program. Individuals eligible to receive congregate meals include:
(1) Individuals age 60 or older, and
(2) Any spouse (regardless of age) who attends the dining center with his/her eligible spouse;
(3). Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older
individuals where congregate nutrition services are provided;
(4) Disabled persons who reside at home with and accompany an eligible person to the dining center; and
(5) Volunteers, regardless of age, who provide essential services on a regular basis during meal hours.
1.4.1.3.2 OAA Title HIC2, Home Delivered Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I,
Paragraph 1.4.1.3, individuals must be homebound and physically, mentally or medically unable to attend a
congregate nutrition program. Individuals eligible to receive home delivered meals include 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 meal
supports maintaining the person at home;
(3) Individuals with disabilities, regardless of age, who reside at home with eligible individuals and are
dependent on them for care; and
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OAA Contract AA- 1529
(4) Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their
presence at the congregate site inappropriate; and persons at nutritional risk who are socially or otherwise
isolated and unable to attend a congregate nutrition site.
1.4.1.4 OAA Title 111E, Caregiver Support Services
Eligibility for OAA Title IIIE, Caregiver Support Services, are as follows:
(1) Family caregivers of individuals age 60 or older;
(2) Grandparents (age 55 or older) or older individuals (age 55 or older) who are relative caregivers;
(3) Priority will be given to family caregivers who provide care for individuals with Alzheimer's disease and
related disorders with neurological and organic brain dysfunction and for grandparents or older individuals
who are relative caregivers who provide care for children with severe disabilities; and
(4) For respite and supplemental services, a family caregiver must be providing care for an older individual
who meets the definition of the term "frail" in OAA, Section 102 Paragraph 22.
1.4.2 Targeted Groups
Preference shall be given to those with the greatest economic and social 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 II — MANNER OF SERVICE PROVISION
2.1 SERVICE TASKS
In order to achieve the goals of the OAA program, the Contractor shall ensure the following tasks are performed.
(1) Client eligibility determination by use of DOEA assessment instruments;
(2). Targeting and screening of service delivery for new clients;
(3) Delivery of services to eligible clients;
(44) Use of volunteers to expand the provision of available services;
(5) Monitoring the performance of its subcontractors; and
(6) Document service delivery in accordance to the DOEA Program and Services Handbook.
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, as applicable, in accordance with
ATTACHMENT A. The services funded pursuant to this contract are in accordance with the OAA, Title 111,
sections 321, 331, 336, and 373 as follows:
(1) Section 321, Title M. Supportive Services;
(2) Section 331, Title 11IC1 Congregate Nutrition Services;
(3) Section 336, Title 111C2 home Delivered Nutrition Services; and
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OAA Contract AA-1529
Section 373, Title IRE Caregiver Support Services.
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 (ME, 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 Training/Support;
(3) Counseling (Gerontological and Mental Health);
(4) Education/Training;
(5) Respite Services;
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OAA Contract AA-1529
(6) Screening/Assessment;
2.1.3.5 Caregiver Support Supplemental Services (1HES Program): At least 10 percent, but no more than 20
percent, of the total Title IIIE funds shall be used to provide supplemental support services. The following
services are provided to complement the care provided by caregivers:
(1) Chore Services;
(2) Housing Improvement;
(3) Material Aid; and
(4) Specialized Medical Equipment, Services and Supplies.
2.1.3.6 Caregiver Support Grandparent Services (HIEG 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 Training/Support;
(2) Sitter.
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
inter -net 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 Date.
January 1 - March 31
April 30, 2015
April 1- June 30
July 30, 20 t 5
July 1- September 30
October 31, 2015
October 1 - December 31
January 31, 2016
2.1.5 Monitoring the Performance of Subcontractors
The Contractor shall conduct at least one monitoring per year of each subcontractor. The Contractor shall
perform fiscal, administrative and programmatic monitoring of each subcontractors to ensure contractual
compliance, fiscal accountability, programmatic performance, and compliance with applicable state and
federal laws and regulations.
2.1.7 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 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 reportrt
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OAA Contract AA-1529
on outreach activities at least semi -an wally.
2.2 SERVICE LOCATION
2.2.1 Service Times
The Contractor shall ensure the. provision of the services listed in the contract during normal business hours
unless other times are more appropriate to meet the performance requirements of the contract, and it shall
monitor its subcontractors to ensure they are available to provide services during hours responsive to client needs
and during those times which best meet the needs of the relevant service community.
2.3 DELIVERABLES
2.3.1 Service Unit
The contractor shall provide the services described in the contract in accordance with the 2014 DOEA Prog7
and Services Handbook.
2.4. REPORTS
The Contractor is responsible for responding in a timely fashion to additional routine and/or special requests
information and reports required by the AAA. The Contractor must establish due dates for any subcontrac
that permit the Contractor to meet the AAA's reporting requirements.
2.5 CIRTS
2.5.1 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;
(5) The Provider must adhere to the AAA CIRTS Data Integrity Policies & Procedures in order to
ensure data accuracy.
2.6 RECORDS AND DOCUMENTATION
The Contractor will ensure the accurate collection and maintenance of client and service information on a
monthly basis from the CIRTS or any such system designated by the AAA. Maintenance includes valid
exports and backups of all data and systems according to AAA standards.
2.6.1 Each Contractor and subcontractor, among other requirements, must anticipate and prepare for the loss of
information processing capabilities. The Contractor shall maintain written policies and procedures for
computer system backup and recovery and shall have the same requirement in its contracts and/or agreements
with subcontractors. 'These policies and procedures shall be made available to the AAA upon request.
2.7 PERFORMANCE SPECIFICATIONS
2.7.1 Outcomes
(1) The Contractor shall maintain a record of all reports described in ATTACHMENT I, Paragraph 2.5
REPORTS.
(2) The Contractor shall timely submit to the AAA all information described in ATTACHMENT I,
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OAA Contract AA-1529
Paragraph 2.6 RECORDS AND DOCUMENTATION.
(3) The Contractor shall ensure services in this contract are in accordance with ATTACHMENT A.
2.7.2 The performance of the Contractor in providing the services described in this contract shall be measured by the
current Provider's Application strategies for the following outcome measure criteria:
(1) Percent of most frail elders who remain at home or in the community instead of going into a nursing home;
(2) Percent of Adult Protective Services (APS) referrals who are in need of immediate services to prevent
further harm who are served within 72 hours;
(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 of
service intervention (as determined by the caregiver and the assessor);
(9) Any other outcome measures as listed in the Provider's Sei vice Application in response to the 2012 OAA
RFR
2.7.3 Monitoring and Evaluation Methodology
The AAA will review and evaluate the performance of the Contractor under the terms of this contract.
Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or
an on -site visit. The AAA's determination of acceptable performance shall be conclusive. The Contractor
agrees to cooperate with the AAA in monitoring the progress of completion of the service tasks and
deliverables.
2.7.4 Remedies -Nonconforming Services
The Contractor shall ensure that all participants served under this agreement are eligible for the program, and
that all monthly and/or quarterly performance reports and financial records are maintained for each reporting
period and submitted as stipulated in 2.5, 24.3, 54.6, 2.6, through 2.7.2.
Any nonconforming program services, performance reports or financial records not meeting the requirements
of this Contract shall not be eligible for reimbursement under this program. The costs associated with hiring,
training, reporting and/or managing the program shall be borne solely by the Contractor. The AAA requires
immediate notice of any significant and/or systemic infractions that compromise the Contractor's ability to
provide participant services, to achieve programmatic performance or to provide sound financial management
of the program.
2.8 CONTRACTOR'S FINANCIAL OBLIGATIONS
2.8.1 Matching, Level of Effort, and Farmarldug Requirements
The Contractor will fulfill a match requirement of at least 10 percent of the cost for all services funded through
this contract (i.e. 90 cents of grant funds must be matched with 10 cents from the Contractor.) The
subcontractor's match will be made in the form of cash and/or in -kind resources. The Contractor shall report
match by title each month. At the end of the contract period, the Contractor must properly match all OAA
f rods.
2.8.2 Consumer Contributions
OAA Contract AA-1529
Consumer contributions are to be used under the following terms-
(1) The Contractor assures compliance with Section 315 of the Older Americans Act as amended in 2006, in
regard to consumer contributions;
(2) Voluntary contributions are not to be used for cost sharing or matching;
(3) Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and
(4) Voluntary contributions are to be used only to expand services.
2.8.3 Use of Service Dollars
The Contractor is expected to spend all federal, state and other funds provided by the AAA for the purpose
specified in the contract. The Contractor must manage the service dollars in such a manner so as to avoid
having a wait list and a surplus of funds at the end of the contract period, for each program managed by the
Contractor. If the AAA. determines that the Contractor is not spending service funds accordingly, the AAA
may transfer funds to other contractors during the contract period and/or adjust subsequent funding
allocations accordingly, as allowable under state and federal law.
2.8.4 The Contractor agrees to distribute funds as detailed in the Budget Summary, ATTACHMENT VII to this
contract. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary
form require a contract amendment. Providers must adhere to AAA Modified Spending Policy when
requesting changes to the budget Summary Form,
2.8.5 Title III Funds
The Contractor assures compliance with Section 306 of the Older Americans Act, as amended in 2006, that
funds received under Title III will not be used to pay any part of a cost (including an administrative cost)
incurred by the Contractor to maintain a contractual or commercial relationship that is not carried out to
implement Title III.
2.9 AAA RESPONSIBILITIES:
2.9.1 Program Guidance and Technical Assistance
The AAA. will provide to the Contractor guidance and 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 AAA 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;
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OAA Contract AA-1529
(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.
29.3 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
ensure fixed rates for services include only those costs that are in accordance with all applicable state and
federal statutes and regulations and are based on audited historical costs in instances where an independent
audit is required. The Contractor shall consolidate all requests for payment from subcontractors and
expenditure reports that support requests for payment and shall submit to the AAA on forms 106A
(ATTACHMENT IX), 105AA (ATTACHMENT X, EXHIBIT 1), 105AS (ATTACHMENT X, EXHIBIT
2), and 105AE (ATTACHMENT X, EXHIBIT 3).
3.1.1 The Contractor agrees to implement the distribution of funds as detailed in ATTACHMENT VII, Budget
Summary. An amendment is required to change any amount, unit cost, or number of units by service.
3.2 Advance Payments
3.2.1 The Contractor may request up to two months of advances at the start of the contract period, if available, to
cover program service costs. The payment of an advance will be contingent upon the sufficiency and amount
of fiends released to the AAA by the State of Florida ("budget release"). The Contractor shall provide the
AAA's Contract Manager documentation justifying the need for an advance and describing how the funds
will be distributed.
3.2.2 The Contractor's requests for advance require the approval of the AAA's Contract Manager. If sufficient
budget is available, the AAA will issue approved advance payments after January 1, 2015.
3.2.3 Requests for the first through the twelfth months shall be based on the submission of actual monthly
expenditure reports beginning with the first month of the contract. The schedule for submission of advance
requests, if available is shown on ATTACHMENT VIH of this contract.
3.2.4 All advanced payments made to the Contractor shall be recouped in accordance with the Reporting
Schedule, ATTACHMENT VIII of this contract.
3.2.5 Interest earned on advances must be identified separately by source of funds, state or federal. Contractors
shall maintain advances of federal fiends in interest bearing accounts unless otherwise excepted in accordance
with 45 CFR 74.22(k). Earned interest must be returned to the AAA. at the end of each quarter.
3.3 Invoice Submittal and Requests for Payment
Allrequests for payment and expenditure reports submitted to support requests for payment shall be on DOEA
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OAA Contract AA-1529
forms 106A (ATTACHMENT IX) , 105AA (ATTACHMENT X-EXHIBIT 1), 105AS (ATTACHMENT
X-EXHIBIT 2), and 105AE (ATTACHMENT X-EXHIBIT 3).
3.3.1 The Contractor shall submit all payment requests based on the submission of the Contractor's actual monthly
expenditure reports beginning with the First month of the contract. The schedule for submission of advance
requests (when available) and invoices is ATTACHMENT VIII to this contract.
3.3.2 Any payment due by the AAA under the terms of this contract may be withheld pending the receipt and
approval of all financial and programmatic reports due from the Contractor and any adjustments thereto.
3.3.3 The AAA. will authorize payment only for allowable expenditures, which are in accordance with the limits
specified in ATTACHMENT VII, Budget Summary. Any changes in the amounts of federal or general
revenue funds identified on the Budget Summary form require a contract amendment.
3.3.3.1 Monthly review of the Receipt and Expenditure Report and the Request for Payment Form by the
Alliance will focus on:
(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.
(4) 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 15, 2015.
3.4 Documentation for Payment
The Contractor shall maintain documentation to support payment requests that shall be available to the AAA
or authorized individuals, such as Department of Financial Services, upon request.
3.4.1 Payments will be made to the Contractor based on a complete and correct invoice, invoices that are incomplete
or with incorrect total will not be processed and will be returned to the Provider for correction. Fiscal staff will
not be able to correct or make changes to the invoices. Returning invoices for corrections may result in failure
to receive payment for that month. Invoices shall be submitted timely as per ATTACIIEMENT VIII in order to
avoid any payment delays.
3.4.2 The Contractor must enter all required data following DOEA's CIRTS Policy Guidelines for clients and
services in the CIRTS database. Data must be entered into CIRTS before the Contractors submit their request
for payment and expenditure reports.
3.4.3 The Contractor shall run monthly CMTS reports and verify that client and service data in CIRTS is accurate.
This report must be submitted to the AAA with the monthly request for payment and expenditure report and
must be reviewed by the AAA. before the Contractor's request can be approved by the AAA.
3.5.1 Remedies for Nonconforming Services
The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely,
completely and commensurate with required standards of quality. Such goods and/or services will only be
delivered to eligible program participants.
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OAA Contract AA-1529
If the Contractor fails to meet the prescribed quality standards for services, such services will not be
reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals)
and/or services not meeting such standards will not be reimbursed under this contract. The Contractor's
signature on the request for payment form certifies maintenance of supporting documentation and
acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing
nonconforming goods and/or services. The Alliance requires immediate notice of any significant and/or
systemic infractions that compromise the quality, security or continuity of services to clients
3.5.2 Financial Consequences of a Provider Surplus
The Contractor shall ensure the provision of services to the projected number of clients in accordance with the
Service Provider Application and within the contract amount. The Contractor shall ensure expenditure of
100% of the contract amount budgeted for services to clients at the unit rates established in this contract. On a
service -by -service basis, in the event the Contractor has a surplus of 1% or more at the end of the contract
term, the Alliance will reallocate this surplus to other provider agencies in accordance with its policies. If, or
to the extent, there is any conflict between this paragraph and paragraphs 38 and 38.1 of the standard contract,
this paragraph shall have precedence.
3.5.3 Consequences for Noncompliance
The Contractor shall ensure 100% of the deliverables identified in Section 1.3.3 Scope of Services are
performed pursuant to contract requirements, as described in Sections and subsections 2.3., 2.4, 2.5, 2.6 and
2.7 which are hereby identified as major deliverables on this contract.
If at any time the Contractor is notified by the Alliance's Contract Manager that it has failed to correctly,
completely, or adequately perform these major deliverables, the Contractor will have 10 days to submit a
Corrective Action Plan ("CAP") to the Contract Manager that addresses the deficiencies and states how the
deficiencies will be, remedied within a time period approved by the Contract Manager. The Alliance shall
assess a financial Consequence for Non -Compliance on the Contractor for each deficiency identified in the
CAP which is not corrected pursuant to the CAP. The Alliance may also assess a Financial Consequence for
failure to timely submit a CAP.
In the event Contractor fails to correct an identified deficiency within the approved time period specified in the
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 and General Costs" and "Facilities and Maintenance Costs" in the Contractor's unit rate
methodology contained in the Service Provider .Application or, in the case of a for -profit provider, or other
provider that slid not submit a unit rate methodology, this amount shall be 15 percent of the unit rate. The
Alliance may also deduct, from the payment for the invoice of the following month, 1% of the monthly value
of the portion of the unit rate described above for each day the Contractor fails to tamely submit a CAP.
If, or to the extent, there is any conflict between this paragraph and paragraphs 38 and 39 of the standard
contract, this paragraph shall have precedence.
32
OAA Contract AA-1529
ATTACHMENT H
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an
officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator,
in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative'
agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congrt
or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreeme
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,." in accordai
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements)
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
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
section 1352, Tide 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil pena
of not less than $10,000.00 and not more than $100,000.00 for each such failure.
Name of
Monroe County Social Services
Name and Address. of Organization
DOER Form 103
(Revised Nov 2002)
Application or Agreement Number
33
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34
OAA Contract AA-1529
ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDIT
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 Elder Affairs or the Alliance for Aging, Inc., as described in
this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see
"AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the department of staff, limited
scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the
provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Elder Affairs or the .Alliance for Aging, 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 additional
instructions provided by the Department of Elder 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 deemed
necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular
A-133, as revised.
In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a
single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT
1 to this agreement indicates Federal resources awarded through the Department of Elder Affairs or the Alliance for Aging,
Inc. by this agreement. In detaining the Federal awards expended in its fiscal year, the provider shall consider all sources of
Federal awards, including Federal resources received from the Department of Elder Affairs or the Alliance for Aging, Inc.
The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB
Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part 1, paragraph 1, the provider shall fulfill the requirements relative
to auditec responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the provider expends less than $500,000 in Federal awards in its fiscal year, wi 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 bases
on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financia:
statements shall disclose whether or not the snatching requirement was met for each applicable agreement. All questioner
costs and liabilities due to the Department of Elder Affairs or the Alliance for Aging, hie. 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 .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federa
awards shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs or the
35
OAA Contract AA-1529
Alliance for Aging Inc. in effect during the audit period. Financial reporting packages required under this part must
submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal 3
end.
PART II: STATE FUNDED
This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes
In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in an
fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single
or project -specific audit for such fiscal year in accordance with Section 21597, Florida Statutes; applicable rules of the
Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profs
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 star
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.
In connection with the audit requirements addressed in Part IT, paragraph 1; the provider shall ensure that the audit complies
with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package a
defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for
profit organizations), Rules of the Auditor General.
If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30,
2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required.
In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid froir
the nonstate entity's resources (Le., the cost of such an audit must be paid from the provider resources obtained from oth
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 69I-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),. 0AT 4B Circular A-133, as revised, by or or
behalf of the provider directly to each of the following:
The Alliance for Aging, Inc.:
36
OAA Contract AA-1529
Alliance for Aging, Inc.
Attn: Fiscal Manager
760 NW 107"' Avenue, Suite 214
Miami, FL 33172-3155
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections
.320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10t" Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as
revised.
Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package
described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the
Alliance for Aging, Inc, at each of the following addresses:
Alliance for Aging, Inc.
Attn: Fiscal Manager
760 NW 107t'' Avenue, Suite 214
Miami, FL 33172-3155
Additionally, copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf
of the provider directly to each of the following:
The Alliance for Aging, Inc. at each of the following addresses:
Alliance for Aging, Inc.
Attn: Fiscal Manager
760 NW 107"' Avenue, Suite 214
Miami, FL 33172-3155
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the Department of Elder Affairs pursuant
to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
Providers, when submitting financial reporting packages to the Department of Elder Affairs for audits done in
accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the provider in correspondence accompanying the reporting package.
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 CFO or
37
OAA Contract AA-1529
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..
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H
OAA Contract AA-1529
ATTACHMENT III
EXHIBIT 2
PART 1: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources mayor may not be subject to the audit requirements of OMB Circular A-133, as revised,
and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial
assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit I are
met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised,
and/or Section 215.97, Fla, Stat. Regardless of whether the audit requirements are met, providers who have been determined to be
recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal
compliance requirements.
In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider. has been determined to be:
Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215,97, F.S.
X Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S.
NOTE: If a provider is determined to be a recipient /subreeipient of federal and or state financial assistance and has been approved by the
department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), FAC [state financial assistance] and
Section _ .400 OMB Circular A-133 [federal awards].
PART II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or
state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules
and regulations:
STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW:
2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)*
OMB Circular A-102 — Administrative Requirements
OMB Circular A-133 — Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
NON-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-110 - Administrative Requirements)
OMB Circular A-133 —Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular
A-133 Compliance Supplement, Appendix 1.
STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a
recipient/subrecipient, must comply with the following fiscal laws, rules and regulations:
Section 215,97, Fla. Stat.
Chapter 69I-5, Fla, Admiii Code
State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws,. rules and regulations
41
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42.
V UI
► JWI'A-"TEWfT"I COMPLIANCJ
FOR AGREEME NTS, GRANTS, LOANS AND
COOPE, RATIVE AGRE EMENTS
The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an
attachment, hereby certifies that:
(1) The contractor and any sub -contractors of services under this contract have financial management systems capable of
providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each
grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and
application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for
each award. The inability to process information in accordance with these requirements could result in a return of grant
funds that have not been accounted for properly,
(2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which the
contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be
capable of processing data accurately, including year -date dependent data. For those systems identified to be -non-
compliant, contractors) will take inunediate action to assure data integrity.
(3) If this contract includes the provision of hardware,
software, firmware, microcode or imbedded chip technology, the
undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of
these products offered by the contractor (represented by the undersigned) and purchased by the State will be verified for
accuracy and integrity of data prior to transfer,
In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede
the hardware or software programs fi-om operating properly, the contractor agrees to immediately make required
corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no
charge to the State, and without interruption to the ongoing business of the state, time being of the essence.
(4) The contractor and any sub -contractors) of services under this contract warrant their policies and procedures include a
disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from
data integrity compliance issues.
BMW I MEMP72 IlL R I
q,7wfn slas
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB
Circulars A-102 and 2 CFR Part 215 (formerly OIN413 Circular A-1 10).
ZA
_rAr")'n re SOCI
Name and Address of Con actor
Zxc� rVice-S 2-1 101 7-0 1
Signature Title Date
f Eke -
Name oYfUihOrlz Ai�gner
(Revised June 2008)
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44
OAA Contract AA-1529
ATTACHMENT V
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS
(1) The prospective contractor certifies, by signing this certification, neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
(2) Where the prospective contractor is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this certification.
Signature Date
matrewex...i i
cies
Title Agency/Organization
(Certification signature should be same as Contract signature.)
Instructions for Certification
1. The terms 'covered transaction," "debarred," "suspended, "ineligible," "lower tier covered transaction,"
°person,° "primary covered transaction," .and "voluntarily excluded," as used herein, have the meanings set out
in the sections of rules implementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 2
CFR 376.10-376,995). You may contact the Contract Manager for assistance in obtaining a copy of those
regulations.
2. This certification is a material representation of facts upon which reliance was placed when the parties entered
into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification,
in addition to other remedies available to the federal government, the department may pursue available remedies,
including suspension and/or debarment.
3. The contractor will provide immediate written notice to the Contract Manager if at any time the contractor learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. The contractor may decide the method and frequency by which it determines the eligibility of its
principals. Each participant to a lower tier covered. transaction may, but is not required to, check the Excluded
Parties List System .(EPLS).
4. The contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for
lower tier covered transactions.
5. The contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise
authorized by the federal government.
6. If the contractor knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the federal government, the department may pursue available remedies, including suspension, and/or
debarment.
T G�
OAA Contract AA-1529
7. The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it
is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous.
(Revised June 2000)
46
OAA Contract AA-1529
ATTACHMENT VI
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,
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project
described in this application.
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized
representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a
proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. ❑ ❑4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to; (a) Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. ❑ ❑ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 0794), which prohibits discrimination on the
basis of handicaps; (d) the Age, Discrimination Act of 1975, as amended (42 U.S.C. ❑ ❑ 6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) ❑ ❑ 523 and 527 of
the Public health Service Act of 1912 (42 U,S.C. ❑ ❑ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. ❑ 3601 ct seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)
which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with the provisions of the IIatch Act (5 U.S.C. [ 11.. 11501-1508 and 7324-7329), which limit the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
47
OAA Contract AA-1529
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. ❑0276a to 276a-7), the Copeland Act (40
U,S,C. 276c and 18 U.S.C. ❑❑874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. ❑❑ 327-333), regarding
labor standards for federally assisted construction subagreements,
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000.00 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental
quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (ED) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodpiains in accordance with EO 11988; (e) assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ❑ 111451 et seq.); (f) conformity of Federal
actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C.
❑ ❑7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L.
93-205).
12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. ❑ ❑ 1721 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 11470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. ❑ ❑469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities
supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. ❑ ❑2131 et seq.) pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. ❑❑4801 et seq.), which prohibits the use of lead -
based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations.
18, Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this
program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
APPLICANT ORGANIZATION
MONROE COUNTY SOCIAL, SERVICES
TITLE
DATE SUBMITTED
48
g^'nAS- S1S TP& ° C kJ N1 '"yp s� I r1A�1E Y
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OAA Contract AA-1529
ATTACHMENT VH1
OLDER AMERICANS ACT CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
Report Number
Based On
Submit to AAA
1
On This Date
January Advance*
January 1
2
February Advance*
January 1
3
January Expenditure Report
February 5
4
February Expenditure Report
March 5
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**
August 5
1()**
August. Expenditure Report* *
September 5
11
September Expenditure Report
October 5
12
October Expenditure Report
November 5
13
November Expenditure Report
December 5
14
December Expenditure Report
January 5
15
Final Expenditure and Request for Pa)nnent
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 41 for Advance Basis Agreements cannot be submitted to the Department of
Financial Services (DFS) prior to January 1 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, 1 of the report
(ATTACHMENT IX),
Note #3: Submission of expenditure reports may or may not generate a payment request. If final
expenditure report reflects fluids due back to the AAA payment is to accompany the report.
51
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52
PAGE LEFT BLAND
54
OAA Contract AA-1529
ATTACHMENT X
EXHIBIT-2
RECEIPTS AND EXPENDITURE REPORT
w
OLDERAMERICANACT��
_......
v ....
y 1
PROVIDER NAME, ADDRESS, PHONE# AND FEID#
Program Funding Source:
THIS REPORT PERIOD
FROM: TO:
his IIIC1
CONTRACT
IIIC2
PERIOD:
CONTRACT #
REPORT#
PSAff
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:
PARTA : BUDGETED INCOME! RECEIPTS I
1. Approved
2. Actual Receipts
3. Total Receipts
4. Percent of
Budget
For This Report
Year to Date
Approved Budget
1. Federal Funds
$0.00
$0.00
$0.00
%
2. State Funds
$0.00
$0,00
$0.00
%
3. Program Income
$0.00
$0.00
$0.00
%
4. Local Cash Match (CCE, HCE and Other)
$0.00
$0.00
$0.00
%
5. SUBTOTAL: CASH RECEIPTS
$0.00
$0.00
$0.00
%
6. Local In -Kind Match
$0.00
$0.00
$0.00
%
7. TOTAL RECEIPTS
$0,00
$0.00
$0.00
%
PART B : EXPENDITURES
1. Approved
2. Expenditures
3. Expenditures
4. Percent of
Budget
For This Report
Year to Date
Approved Budget
1. Meals J Meal Agreements
$0.00
$0,00
$0.00
%
2. Service Subcontractor
$0.00
$0.00
$0.00
%
3. Other
$0,00
$0.00
$0:00
%
4. Indirect Cost
$0.00
$0.00
$0.00
%
5. TOTAL EXPENDITURES
$0.00
$0.00
$0.00
%
PART C : OTHER EXPENDITURES
(For Tracking Purposes only)
1. Match
a. Other and In -Kind
$0.00
$0.00
$0.00
%
b. Local Match
$0,00
$0.00
$0.00
%
2. USDA Cash Received
$0.00
$0.00
$0.00
%
3. TOTAL OTHER
$0.00
$0.00
$0.00
%
PART D : OTHER REVENUE AND EXPENDITURES
2. Addition Cost Alternative Program Income
3. Interest
1. Program Income (PI)
a. Approved Budget $
a. Earned on GR Advances $
a. OAA Unbudgeted PI Receipts YTD
b. Received YTD $
b. Return of GR Advance $
-c. Expendtures $
c. Other Earned $
DOEA FORM 105as revised 11109
55
PAGE LEFT BLANK
56
OAA Contract AA-1529
ATTACHi FNT X
EXHIBIT 3
RECEIPTS AND
i
A„MERICAN ACT
'
....... . ... ......
'PROVIDER NAME, ADDRESS, PHONE#AND FEID#
Program Funding Source:
THIS REPORT PERIOD
FROM: TO:
CONTRACT
Title III E
PERIOD:
CONTRACT#
REPORT#
PSA#
CERTIFICATION : I certify to the best of my knowledge and belief that this report is complete and
all outlays herein are for purposes set forth
in the contract.
Prepared by : _ Cate :
Approved by :
Date
PARTA : BUDGETED INCOME/ RECEIPTS
1. Approved
2. Actual Receipts
3. Total Receipts
4. Percent of
Budget
For This Report
Year to Date
Approved Budget
1. Federal Funds
$0.00
$0.00
$0.00
%
2. State Funds
$0.00
$0.00
$0.00
%
3. Program Income
$0.00
$0.00
$0.00
%
4. Local Cash Match
$0.00
MOD
$0,00
%
S. SUBTOTAL: CASH RECEIPTS
$0.00
$O.OD
$0.00
6. Local In -Kind Match
$0,00
$0.00
$0,00
%
7. TOTAL RECEIPTS
$0,00
$0,00
$0.00
%
PART B : EXPENDITURES
1, Approved
2. Expenditures
3, Expenditures
4. Percent of
Budget
For This Report
Year to Date
Approved Budget
A : Direct Services
1. Personnel
$0.00
MOO
WOO
2. Travel
$0,00
$0.00
$0.00
3. Building Space
$0.00
$0,00
$0.00
%n
4, Communication I Utilities
$0.00
$0.00
$0.00
6, Printing I Supplies
$0.00
$0.00
$0.00
6. Equipment
$0.00
$0.00
$0.00
°lo
7, Other
$0.00
MOO
$0.DO
°lo
B : Agreement Services
8. Services Subcontracted
$0.00
$0.00
$0.00
%
9. TOTAL EXPENDITURES
$0.00
$0.00
$0,00
%
10. DEDUCTIONS
a. Total Local Match
$0.00
$0.00
$0.00
%
It, Program Income Used
$0,00
$0.00
$0.00
c. TOTAL DEDUCTIONS
$0.00
$0,00
$0.00
%
11. NET EXPENDITURES
$0.00
$0.00
$0.00
%
PART C : EXPENDITURES ANALYSIS
2. Units of Sevices Year to Date
3, Number of People Served Year to Date
A. Expenditures by Services Year to Date:
1. Information ...... - ........
$0.00
.. ,................ ,.,.. $0 00
.......... ".............. 0.00
2. Assistance .....................
$0.00
................. $0.00
........ ...1.............. 0.00
3.Ceunseling- ...................
$0001
,....................... $0,W
.......... .,...... --...0.00
4. Respite .........................
$0,00
......_,. $0. 00
...... ....,....... ........ 0.00
6. Supplemental SeMces...,.
$0-100
........................ $0.00
.......... .- ...... .......0.00
6. TOTAL.......... ..........
$000
Part B Line 11, column 3 should be equal to this total.
PART D : GRANDPARENT SERVICES (reported by Federal Fiscal Yeaf)"„y
FFY $
FFY $
FFY
_ $
Match $
Match $
Match $
DOEA FORM 105AE revised 12/O8
57
PAGE LEFT BLANK
M.
OAA Contract AA-1529
ATTACHMENT A
Department of Elder Affairs Programs & Services Handbook,
Available at the Alliance for Aging Internet site under,. "Downloads".
59
PAGE LEFT BLANK
.a
I
OAA Contract AA-1 529
STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS
CIVIL RIGHTS COMPLIANCE CHECKLIST
Program/Facifity Name:
Monroe County Social
Services County'. Monroe AAAJContractor
4v, Completed By Kiev, W V/C,.J
City, State, Zip Code )�C_y
PART 1.
READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH
WILL HELP YOU IN THE COMPLETION OF THISFORM.
2. POPULATION OF AREA SERVED. Source of data: Zc.-,U Celrls!Ls
Total % WhTte _F /. Black ,, 7T % HispsWic, %Other,
�_
3. STAFF CURRENTLY EMPLOYED. Effective date: 10
Total #%White
% Black it
% Hispanic 16%Other
I
ITO/Fe ale%
Disabled
o
4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date., tTat
I #
�1i %White
% Black
%Hispanic
°lo Other
orb% Female
�% Disabled
Over 40
tom%
5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE,
F-Total #
IWI. White
10% Black
I D% Hispanic
a % Other
jqV1. Female
1()% Disabled
PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE
SPACE.
6. Is an Assurance of Compliance on file with DOEA? If NA or NO, explain,
NA �ES NO
El A EJ
7, Compare the staff composition to the population. Is staff representative of the population? NA YES NO
If NA or NO, explain. EIV 11
8. Compare the client composition to the population. Are race and sex characteristics representative NA YES NO
of the Population? If NA or NO, explain. F1 fx 7
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.
61
OAA Contract AA- 15.29
10. Are all benefits, services and facilities available to applicants and participants in an equally effective manner re
race, sex, color, age, national origin, religion or disability? If NA or NO, explain,
NA YES NO
11. For in -patient services, are room assignments made without regard to race, color, national origin or disability?
NO, explain.
NA YES NO
�Qf
4w, n F1
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?
Ifyes, how? Verbal � Written X1 Poster 4 IfNAorNO, explain.
14. Give the number and current status of any discrimination complaints regarding services or
employment filed against the program/facility.
15, Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? If NA or
NO, explain.
NA YES No
11 CK =
PART Ill, THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES
62
gardless of
If NA or
OAA Contract AA-1529
16. Has a self -evaluation been conducted to Identify any barriers to serving disabled individuals, and to make any
necessary modifications? If NO, explain.
17. Is there and established grievance procedure that incorporates due process In the resolution of
complaints? If NO, explain.
YES NO
18. Has a person been designated to coordinate Sectlon*604 compliance activities? If NO, explain.
YES NO
El
19. Do recruitment and notification materials advise applicants, employees and participants of
nondiscrimination on the basis of disability? If NO, explain.
\1 es
0. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired
individuals? If NO, explain.
YES NO
El 1:1
PARTIV. FOR PROGRAMS OR FACILITIES WITH BOOR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,0001
21. Do you have a written affirmative action plan? If NO, explain.
63
OAA Contract AA- 1529
AAA USE ONLY
Reviewed By
In Compliance: NO* IJ
YES ilk
Program Office (MOCIT
�Ifie,
*Notice of Corrective Action Sent
Date
Telephone 7
Response Due I
On -Site I IJ Desk Review
Response Received I
DOEA Form 101 -A, Revised May 2008 Page 2 of 2
64
OAA Contract AA-1529
ATTACHMENT B
INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST
1, Describe the geographic service area such as a district, county, city or other locality. If the program/facility
serves a specific target population such as adolescents, describe the target population. Also, define the type of
service provided.
2. Enter the percent of the population served by race and sex. The population served includes persons in the
geographical area for which services are provided such as a city, county or other regional area. Population
statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census
containing Florida population statistics. Include the source of your population statistics. ("Other" races include
Asian/Pacific Islanders and American Indian/Alaskan Natives.)
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. hlclude 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 DOEA recipients and their sub -grantees, 45 CFR 80.4 (a).
7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the
population is Hispanic, is there a comparable percentage of Hispanic staff?
8. Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in
the population, the prognum/facility has the responsibility to determine the reasons for such variation and take whatever
action znay be necessary to correct any discrimination. Some legitimate disparities may exist when programs are
sanctioned to serve target populations such as elderly or disabled persons, 45 CFR
80.3 (b) (6).
9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or
employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also
through on -site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a)
and 45 CFR 80.1 (b) (2).
10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services,
physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin,
religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied
uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting
rooms, reception areas, restrooms and other facilities must also be equally available to all clients, 45 CFR
80.3 (b),
11. For in -patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national
origin or disability. Also, residents must not be asked whether they are willing to share accommodations with
persons of a different race, color, national origin, or disability, 45 CFR 80.3 (a).
65
OAA Contract AA-1529
12. The program/facility and all services must be accessible to participants and applicants, including those persons who
may not speak English. In geographic areas where a significant population of non-English speaking people live,
program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy
or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in
the provision of services, 45 CFR 80.3 (a).
13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their
participants, beneficiaries or any other interested parties. This should include information on their right to file a
complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of HHS.
The information may be supplied verbally or in writing to every individual, or may be supplied through the use of
an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d).
14. Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color,
creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., servicesor employment, placement,
termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and
address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g.,
settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc.
15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includes
designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby,
public telephone, restroom facilities, water fountains, information and admissions offices should be accessible.
Door widths and traffic areas of administrative offices, cafeterias, restroorns, recreation areas, counters and
serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or
raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be
installed at an appropriate height for mobility impaired individuals.
16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a
self -evaluation to identify any accessibility barriers. Self -evaluation is a four step process:
With the assistance of a disabled individual/organization, evaluate current practices and policies which do not
comply with Section 504.
Modify policies and practices that do not meet Section 504 requirements.
Take remedial steps to eliminate any discrimination that has been identified.
Maintain self -evaluation on file. (This checklist may be used to satisfy this requirement if these four steps
have been followed.), 45 CFR 84.6.
17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate
appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any
action prohibited by Section 504.45 CFR 8417 (b).
18.. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to
comply with Section 504.45 CFR 84.7 (a).
19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of
nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper
ads, and other appropriate written communication, 45 CFR 84.8 (a).
20. Programs/facilitics 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).
66
OAA Contract AA-1529
21, Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and
maintain a written affirmative action compliance program in accordance with Executive Order 11246.41 CFR 60
and Title VI of the Civil Rights Act of 1964, as amended.
67
FROWOM INIORMATIOR
Name: AdIfRC45 Phone 0
Addren; h-6M Aas,47
n Krzmal;
PEID:
PEDFIC
Date
I
m
OAA Contract AA- 1529
ATTACHMMD
.................... ... . .... . .
REPORT 915RIODt From
I
OAA Contract AA-1529
ATTACHMENT E
4
Department's Computer Use Policy and its Social Media Policy
Available at the Alliance for Aging Internet site wider, "Downloads".
69
i
PAGE LEFT BLANK
70
OAA Contract AA- 1529
ATTACHMENT G
ry Ulred �anpua�l��f a.11 C�WNOIY �wlfh the �attzst�ztjon-
350613� fl Stu
�Wtlnh �160�tqfon 4
> The term gm*Vee means any pemn,,ur entity r0quited bW F&w to candutt batAground r-erva"Ing,
1nt8"Ehg but "t fiM-Rad W. MOO Agondot on Aglh& Aging ftt&LIfte: Gtntor,% Agirl and Wnbility
R690Uft# COMM, Lead Aganams, Lbna-lrefm cam othbudsman Drag efi% Sarwng Hmalth ilnmumnco Needs
Of EFAM! Proararr% 5mlim Prmidem. Dftwslon Previders.,and
4ploy004haFunao, a"V oth#r;V en or,e3SA2.4s or 04svI&lStlt,ffin lWO M166k thA d0flnlm of a dltftt savwj�ft jw*Wdjor. S",%
A dir"t,"rvim ProWderls, Ra pemon IS
�Rwlm to the e VQ@f$ of 9P Or QTdQr who, pursuant to a woqmm to provide
i4cirly' hits VhWL Nca-to-f'4ce wn'T=k With 6 ckft While ProvidIng swwlces 1.0 thedle"t
acce,"s tO the clien4's Nvinz area, futWs, pier renal orppomV. or Pemnal Identlacartlon iffformoklon
as dgfirted in s. $17.508. The term Incluries coordlommrz, mianapm 0"d supgrulsom OF
Nelftle�, and § 430.0402ftjtbj, Rm-.5Uj-.
AULULT-1m.
As t1hia dv'ly aathortte-d representEtive of
C-
llacatt4l at. J-10c)
Stow
do hereby slim under penafty of -perjuTy
that than a warned emPlaVer Ls In C'Or"Pllfance with lha PrOVS10*3 Of Chaplar 458 and saction
1,11,
439,040, Ftlw! regarding levet 2
Ur r p rt ivfe t to
STATE OP FLOWDA, COU�M op -MQ N 0- 0 E
Sworn to (or affirmad),andsubmr1bed before me this QllXLLLLff—.L 20J_Li, by
SHE2 Q L, 6 2
1 gfiH who I
tome. Or Producl4d —,-- NIA
4E���
Mamo, of Notary h4lfl:
ss proof of tdo"tificatlon,
j Mo
V,
h
/t
ANIELLA LAMBERSON 71
CA "'Kt6 Cktober 03, 2015
FL,d,lEY
[NUIT MIT
As a condition of contracting with the Alliance for Aging, Inc.,
1,1f4u hereby referred to as contractor, certifies the use of the
*3iL��ecu�Vs E��i=v
U.S. Department of meland Security's E-verify system to verify the employment eligibility of all new
employees hired by Contractor during the contract term to perform employment duties pursuant to this Agreern
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.
Signature
(Same as contract signature)
Vices
Title
Company Name
j?_1 10 1
Date W
MO a I-ec- CD " 'bo C-c-
72
OAA Contract AA- 1529
ATTACHMENT
Alliance for Aging, Inc.BuohnammAssoci
ate Agreement
This Business Assoc'
late Aareement is dated by the Alliance for Aging, Inc /«CovenwdEntit`/and
,corporation. I ("Bum/neuoAmmoc/�te").anot-fVpptFlorida
1.0 Background
11.1 Covered Entity has entered Into one urmore contracts oragreements with B |
involves the use oyp�teotedHealth Information (pH|). uonmooA»000|a��tho�
1.2 Covered Entity, recognizes the requirements ofthe Health |nauna P � b| 1R0O(H/pAA)and has indicated its intent bocomply |nthe O Insurance » o /i�yandAo�»«»tobU/tyAo of
oun0/'opoUnieoondPnooedunam.
1.3 H/pAAregulations establish specific conditions onwhen and h
information with contractors who perform functions for th mmcovered ent|d*amay share
e�ovwned Entity.
1.4 HUrA\requires the Covered Entity and the Business Associate boenter into acontract or agreement mentuu/am|ngopeoKicrequirementaioprotecttheconMdentio/ityandoanuhtyofpaUmmo'pH|'oowetf«dh/n'vu*/mn|nuodto1heCodmofFedera|Reg—|atkona(CFRL)' specifically 453'F'R' H 164'602(*)'164.504(m). 164.308(b). and 184.314(o'u)(2010) (am mayappk)onduonba|nad)nthiaaQnaemend. 1.8 The Health Information Technology for Economic
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
`"°.r.n'§§�/u�'uuu^1H43184312 and --�--''^'''~'e'a^set forth m.but not Om/tmdtn
business aoau��baufa~1Q—` 164.312, �@10 (2ODQ)and such oa��|onoahaUapply toa
entity.
�ovwrmoentity inthe same manner that such sections apply tothe covered
The parties therefore agree eofollows:
2.0 Definitions. For purposes ofthis agreement, the following definitions apply:
2.1 Aooaom. The ability or the means necessary hmremd wr�e modify,
comnmun|cutedo�/informobonorothom@aeuo ' ' ~'
use any
2.2 Administrative Safeguards, The-admin/atnetivaacbono' and Policies on
dpr0000uren.tomanoAotheoe/ooMon development, implementation, and
maintenance ofsecurity measures to Protect electronic Protected Health
Information (ePHI) and to manage the conduct of the covere
d entity's workforceinnn|obonbothepnvtecdionof that information.
2.3 ARRA. The American Recovery and Reinvestment Act (2009)
2.4 Authentication. The corroboration thataperaon is the one claimed.
2.6 Availability. The property that data or information is accessible and useable upon demand by an
authorized
person.
26 Breach. The unauthorized acquisition, anoame une ord�o�oureofPHI wh�h
comprommesthe oecurkvorprivacy ofouoh` '
73
OAA Contract AA-1.529
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.
2.9 Electronic Protected Health Information.(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,
2.10 HITECH, The Health Information Technology for Economic and Clinical Health
Act (2009)
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 I. 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.
2.18 Protected Health Information. (PHI) Health information as defined in 45 CFR
§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, modification, or destruction of information or interference with system
operations in an information system.
2.22 Security or Security measures. All of the administrative, physical, and technical
74
3
OAA Contract AA-1529
safeguards in an information system.
2.23 Security Rule. The Security Standards for the protection of Electronic Protected
Health Information at 45 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
under 42 U.S.C. section 17932(h)(2).
2.26 All other terms used, but not otherwise defined, in this Agreement shall have the
same meaning as those terms in the Privacy Rule.
3.0. Obligations and Activities of Business Associate.
3.1 Business Associate agrees to not use or disclose PHI 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 45 CFR § 164,306;
(b) Prevent use or disclosure of the PHI other than as provided for by this
Agreement or as required by law;
(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 CFR §§
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.
75
DAA Contract AA-1529
3.6 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 CFR §164.524; and
(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 eitherfor 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 PHI 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) ARRA § 13405 (Restrictions on Certain Disclosures and Sales of Health
76
OAA Contract AA-1529
Information); and
(c) ARRA § 13406 (Conditions on Certain Contacts as Part of Health Care
Operations).
4.0 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.
5.1 Except as otherwise limited in this agreement or any related agreement,
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 PHI 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.
5.3 Business Associate may use PHI to provide data aggregation services to.
Covered Entity as permitted by 45 CFR §164.504(e)(2)(i)(B),only when
specifically authorized by Covered Entity.
5.4 Business Associate may use PHI to report violations of law to appropriate
Federal and State authorities, consistent with 45 CFR §164.502(j)(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 ianceforaging ora.
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 Covered 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
would not be permissible under the Privacy Rule if done by Covered Entity.
77
OAA Contract AA-1529
8.0 Effective Date and Termination.
8.1 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, HITECH 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,
(b) The electronic security provisions hereof shall be effective the later of
April 21, 2005 or the effective date of the earliest contract entered into
between Business Associate and Covered Entity that involves the use of
PHI; and
(c) Provisions hereof mandated by ARRA, HITECH and/or Part I shall be
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.
8.2 Termination for Cause. 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
make 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 Rule or Security Rule means the section then in effect or as may
78
{)AAContract AA-l520
amended in the future.
10.0 Amendment. The Pates agree to take such action maisnecessary to amend
this agreement from time to time as\unecessary for Covered Entity to comply
with the requirements Vfthe Privacy Rule, the Security Rule and the Health
Insurance Portability and Accountability Act of10AS,Pub. LNo. 1O4-1Q1.
11.0 Survival. Any term, condition, covenant orobligation which requires
performance by either party hereto subsequent tothe termination ofthis
agreement shall remain enforceable against such party subsequent tosuch
12.0 Interpretation. Any ambiguity in this agreement shall beresolved to permit
Covered Entity (ocomply with the Privacy Rule and Security Rule,
13.8 Incorporation byreference. Any future changes or
deletion(s) enacted in federal law which create new or different obligations with
respect toH|PAAprivacy and/or security, shall bwautomatically incorporated by
reference to this Business Associate Agreement on the respective effective
dabo(o).
14.0 Nmt|oms. All notices and communications required, necessary ordesired hoba
given pursuant to this agrmemnnt, including change ofaddress for purposes of
such notices and oummunicoUonm, 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 aoany party may bynotice tothe others opwcify):
Any such notice shall bedeemed delivered upon actual receipt. If any notice cannot be delivered or delivery thereof is
refused, delivery will be deemed to have occurred on the date such delivery was attempted.
15.0 Governing Law. The laws cfthe State ofFlorida, without giving effect tn
principles of conflict of laws, govern ail matters arising under this agreement.
16.0 Saverabiity. Ifany provision inthis agreement isunenforceable toany extent,
the remainder of this agreement, orapplication of that provision tomnypersonm
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 bylaw.
17.0 Successors. Any successor bmBusiness Associate by direct or indirect
or by purchase, merger, consolidation, motherwise) 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 raqu|r6dtnifthat succession had not taken place. This assumption
by the successor of the Business Associate's obligations shall be by written
79
®AA Contract AA-1529
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: r'
aJ ��
By: Date: a
(signature)„
Busines4ure)'
'Monroe Cognty Social Services
By: Date: 1 /
(sig
:1
OAA Contract AA-1529
ATTACHMENT K
Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
AGING AND DISABILITY RESOURCE CENTER (ADRC) — OUTSOURCED FUNCTIONS
I. 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
li. 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-I-OVCS 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
(ADRC), Chore (CHO), Escort (ESC), Home Delivered Meals (HDM), Home Health Aide (HHA), Homemaker
(HMK), Model Day Care (MDC), Personal Care (PECA), Facility -Based Respite (RESF), In -Home Respite
(RESP).
81
OAA Contract AA-1529
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],
8. If the ADRC Contracted Provider determines that the caller may qualify for more than one funding
source, ADRC Contracted Provider is encouraged to enter the appropriate information under multiple
82
OAA Contract AA-1529
funding sources. [If there is an existing client record in CIRTS, the client record in CIRTS will be
updated with appropriate information].
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 DOEA Wait List Reassessment Standards and
encourage caller to contact the ADRC Elder Helpline with any questions..
OAA Contract AA-1529
Alliance for Aging, Inc.
Aging and Disability Resource Center/Eider Helpline
Policy and Procedure for
Outsourced function - Triage
Creation Date: March 5, 2008
Revision Date: May 2012.
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:
I. 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 CIRTS prioritization score is accurately maintained,
according to DOER 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/or
have been removed from the wait list for.
6. ADRC Contracted Provider will advise client of any change in their CIRTS priority score based on the
updated information.
7. ADRC Contracted Provider will remind client of the ADRC Elder Help Line contact number and to contact
the ADRC Elder Help Line with any questions or concerns.
8. As funding becomes available, ADRC Contracted Provider will run CIRTS Prioritization Report and
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.
84
OAA Contract AA-1529
Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
Policy and Procedure for
Activation From Wait List -- Clients/Services
Creation Date: March 5, 2008
Revision Date: May 2012
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.
85
OAA Contract AA-1529
Alliance for Aging, Inc.
Aging and Disability Resource Center/Eider Helpline
Policy and Procedure for
Termination From Wait List — Clients/Services
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.
.•
OAA Contract AA-1529
Aging and Disability Resource Center
Monthly Client Data Report Instructions
(VOTE: All Service 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 (Calls Walk-ins Mail, E mails or Faxes): This is a count of all contacts during the
reporting period from individuals seeking 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, walk-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.
PAGE LEFT BLANK
0
OAA Contract AA- 1529
ATTACHMENT L
CERTII+ICATION 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. 287.135 F,S., any company at the time of bidding or submitting
a proposal for a new contract or renewal of an existing contract, that is on the "Scrutinized Companies with
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 is 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. 297.135 F.S., any company that submits a false certification is
subject to civil penalties, attorney's 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.
i
Signature Date
(Same as contract signature)
Title t
Monroe County Social Services
Company Name
Vi
OAA Contract AA-1529
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. 287.135 F.S., any company at the time of bidding or submitting
a proposal for a new contract or renewal of an existing contract, that is on the "Scrutinized Companies with
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 is 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, attorney's 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 malting or
entering into this transaction.
Signature D —�—
(Same as contract signature)
Title
Monroe County Social Services
Company Name
Amendment 003 CONTRACT -129 Page 1
ry THIS AMENDMENT is entered into between the Alliance for Aging, Inc. hereinafter referred
to as the "Alliance", and Monroe County Social Services.
The purpose of this amendment is to increase the contract amount by 2 342.72. The
additional amount of $2,342.72 is non -recurring funds. This amendment changes the total
contract funding from $447,452.01 to $449,794.73. ,
The breakdown of this allocation is as follows: --
Title III C1 Congregate Meals $1,48.86 W
Title III C2 Home Delivered Meals $893.8
Wj
BudgetThe by -December
PROGRAM TITLE
FUNDING SOURCE
CFDA
AMOUNT
Older Americans Act Administration
U.S. Health and Human Services
93.044
$15,170.38
Title IIIB — Support Services
Older Americans Act Administration
U.S. Health and Human Services
93.045
$151,485.82
Title 111C1 — Congregate Meals
Older Americans Act Administration
U.S. Health and Human Services
93.045
$225,317.40
Title III C2 — Home Delivered Meals
Older Americans Act Administration
Title III E— Caregiver Support
U.S. Health and Human Services
93.052
$57,821.12
Services
TOTAL FEDERAL AWARD
$449,794.73
The Alliance shall make payment to the provider for provision of services up to a maximum number
of units of service and at the rate(s) stated below:
Service to be Provided
Service
Unit Rate
Maximum
Units of
Service
Maximum
®ollars
Chore IIIB
$22.00
292
$6,422.38
Homemaker/Personal Care IIIB
$22.00
370
$8,141.00
Screening & Assessment IIIB
$25.00
24
$607.00
Congregate Meals C1
$9.25
16,000
$147,997.82
Congregate Meals Screening C1
$20.00
96
$1,925.00
Nutrition Counseling C1
$47.50
19
5926.00
Nutrition Education C1
$0.20
3,185
Home Delivered Meals Frozen C2
$6.00
34,785
Home Delivered Meals Hot C2
$6.00
1,818
Nutrition Counseling C2
$47.50
4
Nutrition Education C2
$0.20
1,810
M'
Screening & Assessment C2
$25.00
206
Chore IIIE
$22.00
55
..1111
In Home Respite IIIE
$20.00
999
Respite in Facility IIIE
$10.50
3,389
Screening & Assessment IIIE
$25.00
42
Total Contract
$449,7g4:�3
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.
Amendment 003 CONTRACT AA-1429
I
N
■
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 their
undersigned officials as duly authorized.
PROVIDER: Monroe County Social ALLIANCEFORAGING, INC.
r to
TITLE:
D4TE:
SYLVIA MURPHY
MAYOR
10/17/2014
SIGNED BY:
NAME:
TITLE:
DATE: