Item C56BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/21/15 1)ivision:--,,Social Services
Bulk Item: Yes X No Department: _S,()ci al Services
Staff Contact Person'_�SIieivI ' �aha'�" �x45 1,
AGENDA ITEM WORDING- Request approval of Florida Department of Cilil6en ',And Familiei
Standard Grant Agreement #KPZ27, I"i-nergency Solutions Grant, (ESG) between Monroe County
Board of County Commissioners, (Social Services) and the State of Florida, Department ot'Children
I
and Families.
ITEM BACKGROUND: Approval of the 2014-2015 Florida Department of Children and Families
Standard Grant Agreement #K1 Z27, Emergency Solutions Grant (ESG) will provide funds to assist
eligible families and individuals to regain stability in permanent housing after experiencing a housing
crisis and/or homelessness. The 2014 Emergency Solutions Grant was applied for on 6/23/14.
PREVIOUS RELEVANT BOCC ACTION: Approval and ratification granted by the BOCC oil
7/16/14 for the subm i ssion o f the Florida Department of Chi ldren and I'arni Ii es Standard Grant
Application, Emergency Solutions Grant (ESG) # LPZI 2.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $76,598-00 BUDGETED: Yes_ No
COST TO COUNTY: 1.01/0 cash match SOURCE OF FUNDS: Grant Fun45
REVENUE PRODUCING: Yes _ No X— AMOUNT PER: iv ONTHL YEAR.*
APPROVED BY: County Atty i ill, MB�/Purchasing — Risk Mallagetricij,
DOCUMENTATION:
DISPOSITION:
Revised 8/06
Included Not Required-- To Follow
AGENDA ITEM 4—
MONROE COUN'rY BOARD OF COUNTY COMMISSIONERS
(."ONTRACTSUMMARY
Contract with: State of Florida, Department of Contract: KPZ27
Children and Families Effective Date: 1/1/2015
Expiration Date: 06/30/2015
Contract Purpose/Description: Approval of Florida Department of Children and Families Standard Grant
Agreement -4KPZ27, Es'nergency Shelter Grant between Monroe County Board Of County Commissioners (Social
Services) and the State of Florida, Department of Children and Families.
Contract Manager, Sheryl Gralra 305-292 Social Services/Stop 1
4510
(Name) (Ext.) (Department/Stop
For BOCC meeting on 1/21/15 Agenda Deadline: 1/6/15
CONJRACT COSTS
� Total Dollar Value of Contract: approx. $76,598-00
Budgeted Yes [1 No Account Code
CountyMatch: 10%CASIIMATCI-I
Additional Match:
Total Match
Estimated Ongoing Costs: $ /yr
(Not included in dollar value above)
I Division Director
Risk Managenient
KI/
O.M.B./Purchasing
I County Attorney
1, Comments:
Current Year Portion: $_
S: 125-6155615-
ADDITION AL COSTS
For:
(C.g' mainten"Vice, utilities, J1114anal, salaries, etc)
CONTRACT REVIEW
Changes Date Out
D to In eh
Needed 4 i , e
q""'
e Yll�/011 ILI Yes "I No R-"'
Yes i I No A
OMB Form Revised 2/27/01 MUT #2
Yes 1-1 No [�
Yes t,Y No;,-'%,
� b
Contract No. ! PZ27.................. . ...... Client � Non -Client
CFDA No. 14.231
THIS GRANT AGREEMENT* is entered into between the Florida Department of Children and Families, hereinafter referred to as the
"Department" and Monroe County,, hereinafter referred to as the "Provider" The Department and Provider agree as follows:
*If this document is denoted wave as a GRANT AGREEMENT, the term "Contract" as it may appear hereinafter shall be construed to
mean "Grant"' or "Grant Agreement" as the context may provide. Similarly, the term "Provider" shall be construed to mean "Grantee" and
the term "Contract Manager" shall be construed to mean "Grant Manager."
1.1 Purpose and Contract Amount.
The Department is engaging the Provider for the purpose of providing Homeless Prevention and Rapid Re -Housing services to
eligible individuals and families, as further described in Section 2 hereof, payable as provided in Section 3 hereof, in an amount not to
exceed $75,598.090.
11 Effective and Ending Dates.
This Contract shall be effective on January 1, 2015 or the last date executed by a party, whichever is later. The service performance
period under this Contract shall commence on January 1, 2015 or the effective date of this Contract, whichever is later, and shall end at.
midnight, Eastern time, on .tune 30, 2015, subject to the survivail of terms provisions of Section 7.4 hereof.
This Contract may not be renewed.
This Contract may be renewed in accordance with Section 26 of the PUR 1000 Form and, if renewed, costs for the renewal
may not be charged to this Contract..
E' The renewal price(s) set forth in the bid„ proposal„ or reply are shown in Exhibit F —, subject to negotiation at renewal
per section 237.057(13), Florida Statutes (F S,). 0 Not applicable,
1.3 Official Payee and Party Representatives.
a. The name, address, telephone number and e-mail address
of the Provider's official payee to whom the payment shall be
directed on behalf of the Provider are:
Name: Monro Co4inty, ..
Address: 500 Whitehead Street
City:. Key West State:Fl. Zip Code:33040
Phone: 305-292.45010
ext:
e-mail:
b. The name of the contact person and address, telephone,
and e-mail address where the Provider's financial and
administrative records are maintained are:
blame: Kahan _
Address.1100, Simonton Street -
City: Key West State:Ft_ Zip Code:3304111
Phone; 305-292.4500
ext:
c. The name, address, telephone number and e-mail address of
the Contract Manager for the Department for this Contract are:
Name: Theresa Phelan
Address: 1111 1 V Stree
t
City: Key —West State; FL Zip Code: 33040
Phone: 3O55-293-6350
ext:
e-mail: trixie_&Ian@dcf. te,fl us _
d. The name, address, telephone number and e-mail of the
Provider's representative responsible for administration of the
program under this Contract (and primary point of contact) are:
Name: Shiervi Graham
Address: 1109 Simonton Street
City. Key West State.FL Zip Code33544
Phone: 305-2'-450
ext:
Per section 402.7345(1)(a), F.S.„ the Department's Contract Manager is the primary point of contact through which all contracting
information flows between the Department and the Provider. Upon change of representatives (names" addresses, telephone numbers or
e-mail addresses) by either party, notice shall be provided in writing to the other party.
CF Integrated Contract 2014
Contract No. KPZ2'
1 A Contract Document. attachments 1 through 3 and any exhibits
This Contract is composed of Sections 1 through 7 hereof, as well as Exhibits A through F and
referenced, in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions
agreed upon by the parties.
1.4.1 The definitions found in the Standard Contract Definitions, located at:
http:llwww.dcf.state.fl.usladmin/contracts/docs/StandardContractTerms,2014.pdf are incorporated into and made a part of this
Contract. Additional definitions may be forth in Exhibit A, Special Provisions.
1.4.2 The PUR 1000 Form (10/06 version) is hereby incorporated into and made a part of this Contract. Sections 1A., 2-4, 6, 8-13,
23, 27 and 31 of the PU R 1000 Form are not applicable to this Contract. In, the event of any conflict between the PUR 1000 Form
and any other terms or conditions of this Contract, such other terms or conditions shall take precedence over the PUR 1000 Form.
1A.3 The terms of Exhibit A, Special Provisions, supplement or modify the terms of Sections I through 7 hereof, as provided
therein. documents shall be interpreted: in the following order of
1.4.4 In the event of a conflict between the provisions of the documents, the d
precedence:
a. Exhibits A through F;
b, Any documents incorporated into any exhibit by reference;
c. This Standard Contract;
d. Any documents incorporated into this Contract by reference.
e, Attachments 1 through 3.
2. STATEMENT OF WORK -
The Provider shall perform all tasks and provide units of deliverables, including reports, findings, and, drafts, as specified in this Contract,
Except for advances, if any, provided, for in this Contract, these deliverables must be received and accepted by the Contract Manager in
writing prior to payment, subject to subsequent audit and review and to the satisfaction of the Department. The Department's
determination of acceptable services shall be conclusive. Department receipt of reports and other submissions by the Provider does not
constitute acceptance thereof, which occurs only through a separate and express, act of the Contract Manager, Unless otherwise
provided in the procurement document, if any, or governing law, the Department reserves the right to increase or decrease the volume of
services and to add tasks that are incidental or complimentary to the original scope of services. Except where the method of payment is
prescribed by law, compensation under Section 3 will be equitably adjusted by the Department to the extent that it prescribes a fixed
price (previously called "fixed fee") payment method, or does not provide a method of payment for added tasks,
The Scope of Work is described in Exhibit B.
2.2 Task List.
The Provider shall perform all tasks set forth in the Task List, found in Exhibit C, in the manner set forth therein.
23 Deliverables.
Deliverables shall be as described in Exhibit D,
2A Performance Measures,
2,41 Performance Measures for Acceptance of Deliverables. The performance measures for acceptance of deliverables are
set forth in Exhibit D, Section D-2.
2.4.2 Minimum Performance Measures. To avoid contract termination, Provider's performance must meet the minimum
performance standards set forth in Exhibit E, Minimum Performance Measures, Section E-1, regardless, of any other performance
measures in this Contract. By execution of this Contract the Provider hereby acknowledges and agrees that its performance under
the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the
Provider fails to meet these standards, the Department, at its exclusive option, may allow a reasonable period, not to exceed 6
months, for the Provider to correct performance deficiencies. if performance deficiencies are not resolved to the satisfaction of the
Department within the prescribed time, and if no extenuating circumstances can be documented by the Provider to the Departments
satisfaction, the Department must terminate the Contract. The Department has the sole authority to determine whether there are
extenuating or mitigating circumstances, The Provider further acknowledges and agrees that during any period in which, the
CF Integrated Contract 2014 2 Contract No. K
Provider fails to meet these standards, regardless of any additional time allowed to correct performance deficiencies, payment for
deliverables may be delayed or denied and financial consequences may apply.
3. PAYM, LN_T,1_NV_01_C_EA_N_D RELATED TERMS'
The Department shall pay for services performed by the Provider during the service performance period of this Contract according to the
terms and conditions of this Contract in an amount not to exceed that set forth in Section 1.1 hereof, subject to the availability of funds
and satisfactory performance of all terms by the Provider. Except for advances, if any, provided for in this Contract, payment shall be
f all services, by the Department and shall remain subject to subsequent audit or review to confirm
made only upon written acceptance o on an annual
contract compliance, The State of Florida's performance and obligation to pay under this Contract is contingent up
appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for
payment under this Contract.
3.1 Method of payment.
The Provider shall be paid in accordance with Exhibit F Method of Payment and Invoices,
12 Invoices.
3.2.1 Generally. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for
proper pre -audit and post -audit. Where itemized payment for travel expenses is permitted in this Contract, the Provider shall submit
bills for any travel expenses in accordance with section 11 Z061, F.S,, or at such lower rates as may be provided in this Contract.
3.2.2 Final Invoice. The final invoice for payment shall be submitted to the Department no more than 45 days after the Contract
ends or is terminated. If the Provider fails to do so, all rights to payment are forfeited and the Department will not honor any
requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until
performance of services and all reports due from the Provider and necessary adjustments thereto, have been approved by the
Department.
33 Financial Consequences.
If the Provider fails to perform in accordance with this Contract or perform the minimum level of service required by this Contract, the
Department will apply financial consequences as provided for in Section 6.1 hereof. The parties agree that the penalties provided for
under Section 6.1 hereof constitute financial consequences under sections 287.058(1)(h) and 215.971(1)(c), F.S. The foregoing does
not limit additional financial consequences, which may include but are not limited to refusing payment, withholding payments until
deficiency is cured, tendering only partial payments, applying payment adjustments for additional financial consequences or for liquidated
damages to the extent that this Contract so provides, or termination of this Contract per Section 623 hereof and requisition of services
from an alternate source. Any payment made in reliance on the Provider's evidence of performance, which evidence is subsequently
determined to be erroneous, will be immediately due as an overpayment in accordance with Section 3.4 hereof, to the extent of such
error.
14 Overpayments and Offsets,
The Provider shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the
Provider by the Department and any interest attributable to such funds. Should repayment not be made promptly upon discovery by the
Provider or its auditor or upon written notice by the Department, the Provider will be charged interest at the lawful rate of interest on the
outstanding balance until returned. Payments made for services subsequently determined by the Department to not be in fullcompliance
with contract requirements shall be deemed overpayments. The Department shall have the right at any time to offset or deduct from any
payment due under this or any other contract or agreement any amount due to the Department from the Provider under this or any other
contract or agreement.
3.5 M1 floridaMarketPlace Transaction Fee.
This Contract is exempt from the MyFloridaMarketPlace transaction fee.
4. GENERAL TERMS AND CONDITIONS GOVERNING _PERFORMANCE.
4.1 Compliance with Statutes, Ruiles and Regulations,
In performing its obligations under this Contract, the Provider shall without exception be aware of and comply with all State and Federal
laws, rules and regulations relating to its performance under this Contract as they may be enacted or amended from time -to -time,
including but not limited to those described in Exhibit Al, as well as any court or administrative order, judgment, settlement or compliance
agreement involving the Department which by its nature affects the services provided under this Contract.
CF Integrated Contract 20114 3 Contract No. KPZ27
4.2 Independent Contractor, Subcontracting and Assignments.
4.2.1 In performing its obligations under this Contract, the Provider shall at all times be acting in the capacity of an independent
contractor and not as an officer, employee, or agent of the State of Florida, except where the Provider is a State agency. Neither the,
Provider nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the
authority to bind the Department by virtue of this Contract, unless specifically authorized in writing to do so, This Contract does not
create any right in, any individual to State retirement, leave benefits or any other benefits of State employees as a result of
performing the duties or obligations of this Contract.
4.2.2 The Provider shall take such actions as may be necessary to ensure that it and each subcontractor of the Provider will be
deemed to be an independent contractor and will not be considered or permitted to be an officer, employee, or agent of the State of
Florida. The Department will not furnish services of support (e,g., office space, office supplies, telephone service, secretarial or
clerical support) to the Provider, or its subcontractor or assignee, unless specifically agreed to by the Department in this Contract.
All, deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all
necessary insurance for the Provider, the Provider's officers„ employees, agents, subcontractors, or assignees shall be the sale
responsibility of the Provider and its subcontractors. The parties agree that no joint employment is intended and that, regardless of
any provision directing the manner of provision of services, the Provider and its subcontractors alone shall be responsible for the
supervision, control, hiring and firing, rates of pay and terms and conditions of employment of their own employees.
4.2.3 The Provider shall not assign its responsibilities under this Contract to another party, in whole or part, without prior written
approval of the Department, upon the Departments sole determination that such assignment will not adversely affect the public
interest, No payment shall be made under this Contract to any factor or other person who has been assigned or transferred the
right to receive payment in lieu of or on behalf of the Provider except upon full and faithful performance of the Provider's duties
hereunder. Any assignment or transfer occurring without prior approval of the Department shall be null and void. The Provider shall
not subcontract for any of the work contemplated under this Contract without prior written approval of the Department, which shall
not be unreasonably withheld.
414 The, State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights,, duties, or obligations under
this Contract to another governmental agency in the State of Florida or to a provider of the Department's selection, upon giving prior
written notice to the Provider, In the event of assignment by either party, this Contract shall remain binding upon the lawful
successors in interest of the Provider and the Department,
42.5 The Provider is responsible for all work performed and for all commodities produced pursuant to this, Contract whether
actually furnished by the Provider or by its subcontractors. Any subcontracts shall be evidenced by a written document, The
Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any reason relating to this
Contract.
4.2.6 The Provider shall include, in all subcontracts (at any tier) the substance of all clauses contained in this Contract that mention
or describe subcontract compliance, as well as all clauses applicable to that portion of the Provider's performance being performed
by or through the subcontract.
4.3 Provider Indemnity.
Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase 'arising from or relating to personal injury andi damage to
real or personal tangible property" in the first paragraph is replaced with "'arising out of or by reason of the execution of this Contract or
arising from or relating to any alleged act or omission by the Provider, its agents, employees, partners, or subcontractors in relation to this
agreement," and the following additional terms will also apply:
43.1 If the Provider removes an infringing product because it is not reasonably able to modify that product or secure the
Department the right to continue to use that product, the Provider shall immediately replace that product with a non -infringing product
that the Department determines, to be of equal or better functionality or be liable for the Department's cost in so doing.
43.2 Further, the Provider shall indemnify the Department for all costs and attorneys fees arising from or relating to Provider's claim
that a record contains trade secret information that is exempt from disclosure or the scope of the Provider's redaction of the record,
as provided for under Section 53, hereof, including litigation initiated by the Department.
The Provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of
notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the
Provider of performance under this provision, in which case the Department shall have no obligation to reimburse the Provider for the
cost of its defense,. If the Provider is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the
CF Integrated Contract 2014 4 Contract No. KPZ27
Department shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign
immunity.
4.4 Insurance.
The Provider shall maintain continuous adequate liability insurance coverage during the existence of this Contract and any renewal(s)
and extensions) thereof. With the exception of a State agency or subdivision as defined by subsection 768,,28(2), F.&, by execution of
this Contract, the Provider accepts full responsibility for identifying and determining the type(s,) and extent of liability insurance necessary
to provide reasonable financial protections for the Provider and the clients to be served under this Contract. Upon the execution of this
Contract, the Provider shall furnish the Department written verification supporting both the determination and existence of such insurance
coverage and shall furnish verification of renewal or replacement thereof prior to the expiration or cancellation. The Department reserves
the right to require additional insurance as specified in this Contract.
0 Notice of Legal Actions.
The Provider shall notify the Department of potential or actual legal actions taken against the Provider related to services provided
through this Contract or that may impact the Provider's ability to deliver the contractual services, or that may adversely impact the
Department, The Department's Contract Manager will be notified within 10 days of Provider becoming aware of such actions or potential
actions or from the day of the legal filing, whichever comes first
4.6 Intellectual, Property.
It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or
other copyrightable materials, arising in relation to Provider's, performance under this Contract, and the performance of all of its officers,
agents and subcontractors in relation to this Contract, are works for hire for the benefit of the Department, fully compensated for by the
contract amount, and that neither the Provider nor any of its officers, agents nor subcontractors may claim any interest in any 'intellectual
property rights accruing under or in connection with the performance of this Contract. it is specifically agreed that the Department shall
have exclusive rights to all data processing software falling within the terms of section 11,924, F, S., which arises or is developed in the
course of or as a result of work or services Wormed under this Contract, or in any way connected herewith. Notwithstanding the
foregoing provision, 4 the Provider is a university and a member of the State University System of Florida, then section 1004.23, F.S,,
shall apply.
4,6.1 If the Provider uses or delivers to the Department for its use or the use of its, employees, agents or contractors, any design,
device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, except as to those items
specifically listed in Exhibit A as having specific limitations, the compensation paid pursuant to this Contract includes all royalties or
costs arising from, the use of such design, device, or materials in any way involved in the work contemplated by this Contract, For
purposes of this provision, the term "'use" shall include use by the Provider during the term of this Contract and use by the
Department its employees, agents or contractors during the term of this Contract and perpetually thereafter.
4.6.2, All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect
to any discovery or invention that arises or is developed in the course of or under the subcontract, Notwithstanding the foregoing
provision, if the Provider or one of its subcontractors is a university and a member of the State University System of Florida, then
section 1004.23, F,S,, shall apply, but the Department shall retain a perpetual, fully -paid, nonexclusive license for its use and the use
of its contractors of any resulting patented, copyrighted or trademarked work products.
4.7 Transition Activities.
Continuity of service is critical when service under this Contract ends and service commences under a, new contract, Accordingly, when
service will continue through another provider upon the expiration or earlier termination of this Contract, the Provider shall, without
additional compensation, complete all actions necessary to smoothly transition service to the new provider. This includes but is not
limited to the transfer of relevant data and files, as well as property funded or provided pursuant to this Contract. The Provider shall be
required to support an orderly transition to the next provider no later than the expiration or earlier termination of this Contract and shall
support the requirements for transition as specified in a Department -approved Transition Plan, which shall be developed jointly with the
new provider in consultation with the Department.
4.8 Real Property.
Any State funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the State a
security interest in the property at least to the amount of the State funds provided for at least five (5) years from the date of purchase or
the completion of the improvements or as further required by law. As a condition of receipt of State funding for this purpose, the Provider
agrees that, if it disposes of the property before the Department's interest is vacated, the Provider will refund the proportionate, share of
the State's initial investment, as adjusted by depreciation,
CF Integrated Contract 20:14 5 Contract No. KPZ27
4.9 Publicity.
Without limitation, the Provider and its employees, agents, and representatives will not, without prior Departmental written consent in
each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of
the State or any State agency or affiliate or any officer or employee of the State, or any State program or service, or represent, directly or
indirectly, that any product or service provided by the Provider has been approved or endorsed by the State, or refer to the existence of
this Contract in press releases, advertising: or materials distributed to the Provider's prospective customers.
4.,10 Sponsorship.
As required by section 286,25, F3., if the Provider 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 (Provider's name) and the State of Florida, Department of Children and Families". If the
sponsorship reference is in wrftten material,, the words 'State of Florida, Department of Children and Families" shall appear in at least the
same size letters or type as the name of the organization.
4,11 Employee Gifts,
The Provider agrees that it will not offer to give or give any gift to any Department employee during the service performance period of this
Contract and for a period of two years thereafter. In addition to any other remedies available to the Department,, any violation of this,
provision will result in referral of the Providers name and description of the violation of this term to the Department of Management
Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will
ensure that its subcontractors, if any, comply with these provisions.
4.12 Mandatory Reporting Requirements.,
The Provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each
employee, of the Provider, and of any subcontractor, providing services, in connection with this Contract who has any knowledge of a
reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on
the health or safety of a client shall be immediately reported to the Contract Manager; and 2) other reportable incidents shall be reported
to the Department's Office of Inspector General by completing a Notification/Investigation Request (Form CF 1934) and emailing the
request to the Office of Inspector General at ig-,complaints@dcf,state.fl.us. The Provider and subcontractor may also mail the completed
form to the Office of Inspector General, 1317 'pinewood Boulevard, Budding 5, 2nd Floor, Tallahassee, Florida, 32399-07K or via fax at
(850) 488,-1428. A reportable incident is defined in CFOP 180-4, which can be obtained from the Contract Manager.
C RECORDS, AUDITS AND DATA SECURITY.
5.1 Records, Retention, Auditsi, Inspections, and Investigations.
5.1.1 The Provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to
reflect all income and expenditures of funds provided by the Department under this Contract.
5A ,2 Retention of all client records, financial records, supporting documents, statistical records, and any other documents
(including electronic storage media) pertinent to this Contract shall be maintained by the Provider during the term of this Contract
and retained 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 under 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 Department.
5.1.,3 Upon demand, at no additional cost to the Department, the Provider will facilitate the duplication and transfer of any records
or documents during the term of this Contract and the required retention period in Section 5,1.2 hereof.
5.1.4 These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or
other personnel duly authorized by the Department,
5.1.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Department and Federal
auditors, pursuant to 45 Code of Federal Regulations (CFR) s. 92-36(i)(1 0), shall be allowed full access to and the right to examine
any of the Provider's contracts and related records and documents, regardless of the form in which kept.
5.1.6 A financial and compliance audit shall be provided to the Department as specified in this Contract and in Attachment 1.
5.1 7 The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed
necessary by The Office of the Inspector General (section 20.055, F.S,).
CF Integrated Contract 2014 6 Contract No. KPZ27
No record may be withheld nor may the Provider attempt to limit the scope of any of the foregoing inspections, reviews, copying,
transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret
in nature", provided, however, that this provision does not limit any exemption to public inspection or copying to any such record.
5.2 Inspections and Corrective Action.
The Provider shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers, documents,
facilities, goods and services of the Provider which are relevant to this Contract, and to interview any clients, employees and
subcontractor employees, of the Provider to assure the Department of the satisfactory performance of the terms and conditions of this
Contract. Following such review, the Department will deliver to the Provider a written report of its findings, and may direct the
development, by the Provider, of a corrective action plan where appropriate. The Provider hereby agrees to timely correct all deficiencies
identified in the Department's written report. This provision will not limit the Department's termination rights under Section 623 hereof.
5.3 Provider's Confidential andl Exempt Information.
5.3.1 By executing this Contract, the Provider acknowledges that, having been provided an opportunity to review all provisions
hereof, all provisions of this Contract not specifically identified in writing by the Provider prior to execution hereof as "confidential or
exempt" will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to
section 215.985, F.S. The Provider agrees that, upon written request of the Department, it shall promptly Iprovide to the Department
a written statement of the basis for the exemption applicable to each provision identified by the Provider as "confidential or exempt",
including the statutory citation to an exemption created or afforded by statute, and state with particularity the reasons for the
conclusion that the provision is exempt or confidential.
5.3.2 Any claim by Provider of trade secret (proprietary) confidentiality for any information contained in Provider's documents
(reports, deliverables, or workpapers, etc,,, in paper or electronic form) submitted to the Department in connection with this Contract
will be waived, unless the claimed confidential information is submitted in accordance with Section 5.3.2.a. hereof.
a. The Provider must clearly label any portion of the, documents, data, or records submitted that it considers exempt from
public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a
justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If
different exemptions are claimed to be applicable to different portions of the protected information, the Provider shall
include information correlating the nature of the claims to the particular protected information.
b. The Department, when required, to comply with a public records request including documents submitted by the Provider,
may require the Provider to expeditiously submit redacted copies of documents marked as trade secret in accordance
with Section 5.3.2.a hereof. Accompanying the submission shall be an updated version of the justification under Section
5,32a. hereof, correlated specifically to redacted information, either confirming that the statutory and factual basis
originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from
public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed
to be trade secret. If the Provider fails to promptly submit a redacted copy, the Department is authorized to produce the
records sought without any redaction of proprietary or trade secret information.
The Provider shall be responsible for defending its claim that each and every portion of the redactions of trade secret information are
exempt from inspection and copying under Florida's Public Records Law.
5.4 Health Insurance Portability and Accountability Act,
n The Provider certifies that neither it nor its subcontractors will have access to, receive or provide Protected Health, Information
within the meaning of the Health Insurance Portability and Accountability Act (42 U.S.D. s.1320d.) and the regulations promulgated
thereunder (45 CFR Parts 160, 162, and 164) incidental to performance of this Contract,
E In compliance with 45 CFR s,164.504(e), the Provider shall comply with the provisions of Attachment 2 to, this Contract,
governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the
Provider or its subcontractors incidental to the Provider's performance of this Contract.
U, Confidential Client and Other Information✓ Except as provided in this Contract, the Provider shall not use or disclose but shall
protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal
laws or regulations that is obtained or accessed by the Provider or its subcontractors incidental to performance under this Contract.
CF Integrated Contract 2014 7 Contract No. KPZ27
5.6 Data Security., The Provider shall comply with the following data security requirements whenever the Provider or its
subcontractors have access to Department data systems or maintain any client or other confidential information in electronic form'.
5.6.1 An appropriately skilled individual shall be identified by the Provider to function as its Data Security Officer. The Data
Security Officer shall act as the liaison to the Department's security staff and will maintain an appropriate level of data; security for
the information, the Provider is collecting or using in the performance of this Contract. An appropriate level of security includes
approving and tracking all Provider employees that request or have access to any Departmental data system or information. The
Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider
employees,
5.6.2 The Provider shall provide the latest Departmental security awareness training to its staff who have access, to departmental
information,
5,63 All Provider employees who have access to Departmental information shall comply with, and be provided a copy of CFOP 50-
2, and shall sign the DCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be obtained from the Contract
Manager,
5.6.4 The Provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by
ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not
possible, then the Provider shall assure that unencrypted personal and confidential Departmental data will not be stored on
unencrypted storage devices,
5.6.5 The Provider agrees to notify the Contract Manager as soon as possible, but no later than five (5) business days following the
determination of any breach or potential breach of personal and confidential Departmental data.
5.6,6 The Provider shalll at its own cost provide notice to affected: parties no later than 45 days following the determination of any
potential breach of personal or confidential Departmental data as provided in section 81�7.5681, F,S. The Provider shall also at its
own cost implement measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a
breach or potential breach of personal and confidential Departmental data,
The Provider shall cause each of its subcontractors having access to Department data systems or maintaining any client or other
confidential information in electronic form to comply with the provisions of this Section 5.6 and the term "Provider" shall be deemed to
mean the subcontractor for such purposes,
6, PENALTIES, TERMINATION AND DISPUTE RESOLUTION,
6.1 Financial Penalties for Failure, to Take Corrective Action.
6.1.1 In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F,A.C., corrective action plans may be
required for noncompliance, nonperformance, or unacceptable performance under this Contract. Penalties may be imposed for
failures to implement or to make acceptable progress on such corrective action plans,
6.1.2 The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances
exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the
need for corrective action plan. The penalty, if imposed, shall not exceed ten percent (10%) of the total contract payments during the
period in which the corrective action plan has not been implemented or in, which acceptable progress toward implementation has not
been made, Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten
percent (10%) penalty of the total contract payments during the period in which the corrective action plan has not been implemented
or in, which acceptable progress toward implementation has not been made.
61.3 Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the
imposition of a five percent (5%) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall: result
in the imposition of a two percent (2%) penalty,
6.,1.4 The deadline for payment shall be as stated in the Order imposing the financial penalties. In the evenit of nonpayment the
Department may deduct the amount of the penalty from invoices submitted by the Provider.
6.2 Termination.
6.21 In accordance with Section 22 of PUR 10010 Form, this Contract maybe terminated by the Department without cause upon no
less than thirty (30) calendar days notice in writing to the Provider unless a sooner time is mutually agreed upon in writing.
CF Integrated Contract 2014 8 Contract No. KPZ27
6.2.2 In the event funds for payment pursuant to this Contract become unavailable, the Department may terminate this Contract
upon no less than twenty-four (24) hours notice in writing to the Provider. The Department shall be, the final authority as to the
availability and adequacy of funds,
6,2.3 In the event the Provider fails to fully comply with the terms and conditions of this Contract, the Department may terminate the
Contract upon no less than twenty-four (24) hours (excluding Saturday, Sunday, and Holidays) notice in writing to the Provider,
Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and states that
provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of
termination will be issued after the Provider's failure to fully cure such noncompliance within the time specified in a written notice of
noncompliance issued by the Department specifying the nature of the noncompliance and the actions, required to cure such
noncompliance, In addition, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to,
do so in order to terminate, the Contract. The Department's failure to demand performance of any provision of this Contract shall not
be deemed a waiver of such performance. The Department"s waiver of any one breach of any provision of this Contract shall not be
deemed to be a waiver of any other breach andl neither event shall be construed to be a modification of the terms and conditions of
this Contract. The provisions herein do not limit the Department's right to remedies at law or in equity,
624 Failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory
to the Department will be a sufficient cause for termination. To be terminated under this provision, the Provider must have. (1)
previously failed to satisfactorily perform in a contract with the Department, been notified: by the Department of the unsatisfactory
performance, and failed to timely correct the unsatisfactory performance to the satisfaction of the Department; or (2) had a contract
terminated by the Department for cause, Termination shall be upon no less than twenty-four (24) hours notice in writing to the
Provider.
In the, event of termination under Sections 6.21 or 6.2.2 hereof, the Provider will be compensated for any work satisfactorily completed
through the date of termination or an earlier date of suspension of work per Section 21 of the PUP 1000.
6.3 Dispute Resolution.,
Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Department's Contract Manager,
who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within
twenty-one (21) calendar days from the date of receipt of the Contract Manager's decision, the Provider delivers to the, Contract Manager
a petition for alternative dispute resolution. After receipt of a petition for alternative dispute resolution the Department and the Provider
shall attempt to, amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and
completion, of the negotiation process shall be a condition precedent to any legal action by the Provider concerning this Contract. After
timely delivery of a petition for alternative dispute resolution, the parties may employ any dispute resolution procedures described in the
Attachment II or other attachment, or mutually agree to an, alternative binding or nonbinding dispute resolution process, the terms of which
shall be reduced to writing and executed by both parties. Completion of such agreed process shall be deemed to satisfy the requirement
for completion of the negotiation process. This provision shall not limit the parties' rights of termination under Section 6.2 hereof.
All notices provided under Section 6 shall be in writing on paper, physically sent to, the person identified in Section 1.3.d hereof by U.S.
Postal Service or any other delivery service that provides verification of delivery, or by hand delivery.
7.1 Governing Law and Venue.
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! Florida law, without regard to Florida provisions for conflict of laws. Courts of competent jurisdiction in Florida shall
have exclusive jurisdiction in any action regarding this Contract and venue shall be in Leon County, Florida. Unless otherwise provided in
any other provision or amendment hereof, any amendment, extension or renewal (when authorized) may be executed in counterparts as
provided in Section 46 of the IPUR 1000 Form,
7,2 No Other Terms.
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 verbal or written between the pates.
73 Severabillty of Terms.
If any term or provision of this Contract is legally determined unlawful or unenforceable, the remainder of the Contract shall remain in full
force and effect and such term or provision shall be stricken.
CF Integrated Contract 2014 9 Contract No. KPZ27
NE�T =1Z I n#ArM1T1
The parties agree that, unless a provision of this Contract, its attachments or incorporated documents expressly states otherwise as to
itself or a named provision, all provisions of this Contract concerning obligations of the Provider and remedies available to; the
Department are intended to survive the "ending date" or an earlier termination of this Contract, The Provider's performance pursuant to
such surviving provisions shall be without further payment, as the contract payments received during the term of this Contract are
consideration for such performance,.
7Z Modifications,,.
Modifications of provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by both parties.
The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of
payment when these have been established through the appropriations process and subsequently identified in the Department's
operating budget.
7.6 Most Favored Party Status.
The Provider represents and warrants that the prices and terms for its services under this Contract are no less favorable to the
Department than those for similar services, under any existing contract with any other party. The Provider further agrees that, within 90
days of Provider entering into a contract or contract amendment or offering to any other party services similar to those under this
Contract under prices or terms more favorable, than those provided in this Contract, the Provider will report such prices and terms to, the
Department, which prices or terms shall be effective as an amendment to this Contract upon the Department's written acceptance
thereof. Should the Department discover such other prices or terms, the same shall be effective as an amendment to this Contract
retroactively to the earlier of the effective date of this Contract (for other contracts in effect as of that date) or the date they were first
contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing
shall be deemed overpayments. Provider shall submit an affidavit no later than July 31st of each year during the term of this Contract
attesting that the Provider is in compliance with this provision, as required by section 216.0113, F.S.
7.7 Anticompetitive Agreements.
The Provider wilt not offer, enter into nor enforce any formal or informal agreement with any person, firm or entity under which the parties
agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or
provide services to the Department or a provider of services, to the Department,
7.8 Communications,
Except where otherwise provided in this Contract, communications between the parties regarding this Contract may be by any
commercially reasonable means. Where this, Contract calls for communication in writing, such communication includes email, and
attachments thereto are deemed received when the email is received,
7.9 Accreditation.
The Department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the Department
has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of the
Department's providers will either be accredited, have a plan to meet national accreditation standards, or will initiate a plan within a
reasonable period of time.
7.10 Transition iing Young Adults.
The Provider understands the Department's interest in assisting young adults aging out of the dependency system. The Department
encourages Provider participation with the local Community -Based Care Lead Agency Independent Living Program to offer gainful
employment to youth in foster care and young adults transitioning from the foster care system,
7AI DEO and Workforce Floridla.
The Provider understands that the Department, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly
implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful
employment, The Department encourages Provider participation with the Department of Economic Opportunity and Workforce Florida,
7.12 Purchases by Other Agencies.
The Department of Management Services may approve this Contract as an alternate contract source pursuant to Rule 60A-1,047, Florida
Administrative Code, if requested by another agency. Other State agencies may purchase from the resulting contract, provided that the
Department of Management Services has determined that the contract's use is cost-effective and in the best interest of the State. Upon
CF Integrated Contract 2014 10 Contract No. KIPZ27
such approval, the Contractor may, at its discretion, sell these commodities or services to additional agencies, upon the terms and
conditions contained herein.
By signing this Contract, the parties agree that they have read: and agree to the entire Contract, as described in Section 11.4
hereof.
IN WITNESS THEREOF, the parties hereto have caused this 48 page Contract to, be executed by their undersigned officials as duly
authorized.
Signature.
Print/Type
Name: Danny Kolhage__,._., . .........
Title- flavor
ITM
Signature:
Print/Type
Name: Bronwyn Stanford
Title: Reqionali Managing Director
LIM
The parties agree that any future amendmient(s) replacing this page wi I I not affect the above execution,
STATE AGENCY 29 DIGIT FLAIR CODE., N/A
Federal Tax ID # (or SSN): 59-6000,749 Provider Fiscal Year Ending Datei OT, 30.
CF Integrated Contract 2014 t 1 Contract No. KP,Z27
The following provisions supplement or modify the provisions of Sections 1 through 7, above, as provided hereim
A-1. Program or Service Specific Terms
A-1. 1 1mminent Danger of Loss of Housing — A family who is about to lose their residence, or who face the loss of shelter due to financial
crisis or other crisis.
A-1.2 Region — The counties that comprise the geographical area of the Department of Children and Families.
A-1.3 Circuit — The counties that comprise the geographical area of the Department of Children and Families (formerly, referred to as
Districts) which are aligned to match the local judicial court system.
A-1 .4 CoC — Continuum of Care — A local planning body for a defined geographical area responsible for establishing and operating a
system to prevent and end homelessness for that area; provide funding efforts by nonprofits providers, and State and local governments
to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals,
families, and communities by homelessness; promote access to and effect utilization of mainstream programs by homeless individuals
and families; and optimize self-sufficiency among individuals and families experiencing homelessness.
A-1.5 CoC Plan — A community plan to organize and deliver housing and services to meet the specific needs of people who are
homeless as they move to stable housing and maximum self-sufficiency. It includes actions steps to end homelessness and prevent a
return to homelessness,.
A-1.6 Department — The, Department of Children and Families,
A-13 Grant Agreement — An agreement between the Department and a provider of goods or services, for the delivery of services or
goods to eligible clients as defined in the agreement.
A- 1. 8 Grantee — The grant applicant that has been awarded funding for this 2014 Emergency Solutions Grant (ESG) program.
A-1 9 HUD — The federal Department of Housing and Urban Development that provides funding for the Emergency Solutions Grant
program, which includes Street Outreach, Emergency Shelter Facilities, and Homelessness Prevention and Rapid Re, -housing sevices.
A-1,10 HMIS — The Homeless Management Information System is the information system designated by the Continuum of Care to
comply with the U.S. Department of Housing and Urban Development's data collection, management, and reporting standards as
referenced in 24 CFR 576.2 and used to collect client -level data and' data on the provision of housing and services to homeless
individuals and families and persons at -risk of homelessness.
A- 1 . 11 Homeless —An individual who lacks a fixed, regular and adequate nighttime residence or an individual who has a primary
nighttime residence that is:
A-1 .11. 1 A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare
hotels, congregate shelters, transitional housing for the mentally ill.
A-1 .11,2 An institution that provides a temporary residence for individuals intended to be institutionalized.
A-1,113 A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
Places that may include living on the street or under a bridge, in a park, bus terminal, railroad station, airport, abandoned building, or a
car/truck/vehicle.
A-1. 12 Homeless Coalition, (Coalition) — An agieneftrganizatilon (either for profit or non-profit) established and operating pursuant to
section 420.623, Florida Statutes, The Coalition's mission is to plan, network, coordinate, and oversee the delivery of direct client
services to the homeless, population in the local area.
A-1.13 Lead Agency —Of the homeless CoC Lead Agency means, the agency designated by the CoC planning area in accordance with
section 420,624, Florida Statutes.
A-1.14 Minor Children) — Means a childless, than 18 years of age, or under the age of 19 if the child is a fulltime student in a secondary
school or at the equivalent level of vocational or technical training and does not include anyone who is married or divorced,
CF Integrated Contract 2014 12 Contract No. KPZ27
A-1.1 5 Office on Homelessness — The office created within the Department of Children and Families to provide interagency
coordination, and support to the Council on Homelessness, and other related coordination on issues relating to homelessness in
accordance with section 420.622, Florida Statutes.
A-1.16 Subgrantee —A local agency within the authorized homelessness CoC planning area that the Grantee subcontracts with to
provide services funded through this Grant Agreement.
There are no additional provisions to this section of the• Standard Contract.
There are no additional provisions to this section of the Standard Contract.
A.4 . 1 Client Risk Prevention. In accordance with the client risk prevention system, the Grantee shall report those reportable situations
listed in CFOP 215-6 in the manner prescribed in CFOP 215-6. The Provider shall immediately report any 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 -800-96AB USE). As required by Chapters 39 and 415, F S., this provision is binding upon both the Provider
and its employees.
There are no additional provisions to this section of the Standard Contract.
6.1 Dispute Resolution* It is expected that the Recipient and the Department will: agree to cooperate in resolving any differences
concerning performance or in interpreting the grant agreement. Within five (5) working days of the execution of a grant agreement for
services, each party shall designate one person to act as its representative for dispute resolution purposes, and shall notify the other
party of the person's name, business address and telephone number. Within five (5) working days from delivery to the designated
representative of the other party of a written request for dispute resolutions, the representatives will conduct a face-to-face meetingto
resolve the disagreement amicably, If the representatives are unable to reach a mutually satisfactory resolution, the representatives shall
make recommendations to the Secretary who has final authority to resolve the dispute. The parties reserve all their rights and remedies,
under Florida Law,
There are no additional provisions to, this section of the Standard Contract.
CF Integrated Contract 2014 13 Contract No. KPZ27
... 412-ning
As provided in Section 41 of this Contract, the Provider is required to comply with the following requirements, as applicable to its
performance under this Contract, as they may be enacted or amended from time to time. Provider acknowledges that it is independently
responsible for investigating and complying with all State and Federal laws, rules and regulations relating to its performance under this
Contract and that the below is only a sample of the State and Federal laws, rules and regulations that may govern its performance under
this Contract.
Al.1, Federal Law.
Ai-i.l If thus Contract contains Federal Funds, the Provider shall comply with the provisions of Federal law and regulations
including, but not limited to, 45 CFR, Parts 74 and 92, and other applicable regulations,
Al-1.2 If this Contract contains $10,000 or more of Federal Funds, the Provider shall comply with Executive Order 11,246, Equal
Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in, Department of Labor
regulation 41 CFR, Part 60 and 45 CFR, Part 92, if applicable.
A1.1.3 If this Contract contains, over $100,000 of Federal Funds, the Provider shall comply with all applicable standards, orders, or
regulations issued under section 306 of the Clean Air Act, as amended (42 United States Code (U.S.C.) 7401 et seq,), section 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, and Environmental Protection Agency regulations (40 CPR, Part 30). The Provider shall report any violations of the
above to the Department.
A1-1.4 No Federal Funds received in connection with this Contract may be used by the Provider, or agent acting for the Provider,
or subcontractor to influence legislation or appropriations pending before the Congress or any State legislature. If this Contract
contains Federal funding in excess of $100,000, the Provider must, prior to contract execution, complete the Certification Regarding
Lobbying form, Attachment 3, If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from
the contract manager. 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.
A1.1.5 If this Contract contains Federal Funds and provides services to children up to age 18, the Provider shall comply with the
Pro -Children Act of 1994 (20 U.S.C. 6081), Failure to comply with the provisions, of the law may result in the imposition of a civil
monetary penalty of up to $1,,000 for each violation or the imposition of an administrative compliance order on the responsible
entity, or both,
A11-1.6 Unauthorized aliens shall not be employed. Employment of unauthorized aliens shall be cause for unilateral cancellation of
this Contract by the Department for violation of section 274A(e,) of the Immigration and Nationality Act (8 U.S.C. 1324 a) and section
101 of the Immigration Reform and Control Act of 1986. The Provider and its subcontractors will enroll in and use the E-verify
system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its
subcontractors' employees performing under this Contract. "Employee assigned to the contract" means all persons employed or
assigned (including subcontractors) by the Provider or a subcontractor during the contract term to perform work pursuant to this
contract within the United States and its territories.
Al -2 Civil Rights Requirements, In accordance with Title VI I of the Civil Rights Act of 1964, the Americans with Disabilities Act of
1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for
employment) in the performance of this Contract because of race, color, religion, sex, national origin, disability, age, or maritali status.
Further, the Provider agrees not to discriminate against any applicant, client, or employee, in service delivery or benefits in connection
with any of its programs and activities in accordance with 45 CFR, Parts 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or
the Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply to all contractors, subcontractors,
subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and
activities. If employing fifteen or more employees, the Provider shall complete the Civil Rights Compliance Checklist, CF Form 946 within
30 days of execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80.
A1-3 Use of Funds for Lobbying Prohibited, The Provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which
prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a State agency.
A14 Public Entity Crime and Discriminatory Contractors, Pursuant to sections 287.133 and 287,134, F-S,,, the following restrictions
are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has
CF Integrated Contract 2014 14 Contract No. KPZ27
been placed on the convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been, placed on the
discriminatory vendor list, such person, entity or affiliate 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 the 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; provided, however, that the prohibition on persons or affiliates placed on the convicted vendor shall be
limited to business in excess of the threshold amount provided in section 287.017, F,S,, for CATEGORY TWO for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list.
A1-5Whistleblower's Act Requirements, In accordance with subsection 112.3187(2), F.S,, the Provider and its subcontractors shall
not retaliate against an employee for reporting violations of law, rule, or regulation, that creates substantial and specific danger to the
public's health, safety, or welfare to an appropriate agency, Furthermore, agencies or independent contractors shall not retaliate against
any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or
any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The Provider and any subcontractor shall
inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector
General, the Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1-800-543-5353.
U1111-IF011MI-079, "q
A11-6.1 As required by section 287.058(1)(c), F.S,, the Provider shall allow public access to all documents, papers, letters, or other
public records as defined in subsection 119.011(12), F.S. as prescribed by subsection 119.07(1) F.S., made or received by the
Provider in conjunction with this Contract except that public records which are made. confidential by law must be protected: from
disclosure. It is expressly understood that the Providers failure to comply with this provision shall constitute an immediate breach
of contract for which the Department may unilaterally terminate this Contract,
A11-6.2 As required by section 119.0701, F.S., to the extent that the Provider is acting on behalf of the Department within the
meaning of section 119.011(2), F.S., the Provider shall,
I Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to
perform the service.
b. Provide the public with access to public records on the same terms and conditions that the, Department would provide
the records and at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law,
d. Meet all requirements for retaining public records, and transfer, at no cost, to the Department all public records in
possession, of the Provider upon termination of the Contract and destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements, All records stored electroniicallly must be
provided to the Department in a format that is compatible with the information technology systems of the Department.
A1-7 Support to the Deaf or Hard -of -Hearing,
A11-7.1 Where direct services are provided, the Provider and its subcontractors shall comply with section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. 794, as implemented by 45 CFR Part 84 (hereinafter referred to as Section 5104), the Americans with
Disabilities Act of 1990„ 42 U.S.C. 12131, as implemented by 28 CFR Part 35 (hereinafter referred to as ADA), and the Children
and Families Operating Procedure (CFOP) 60-10, Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard -of -Hearing."
A1-7.2 If the Provider or any of its subcontractors employs 15 or more employees, the Provider shall designate a Single -Point -of -
Contact (one per firm) to ensure effective communication with deaf or hard -of -hearing customers or companions in accordance with
Section 504 of the ADA, and CFOP 60-10, Chapter 4, The Provider's Single -Point -of -Contact and that of its Subcontractors will
process the compliance data into the Departments HHS Compliance reporting Database by the 51h business day of the month,
covering the previous month's reporting, and forward confirmation of submission to the Contract Manager, The name and contact
information for the Provider's Single -Point -of -Contact, shall be furnished to the Department's Grant or Contract Manager within 14
calendar days of the effective date of this requirement,
A1-7.3 The Provider shall, within 30 days of the effective date of this requirement, contractually require that its subcontractors,
comply with Section 504, the ADA, and CFOP 60-10, Chapter 4. A Single -Point -of -Contact shall be required for each subcontractor
that employs, 15 or more employees, This Single -Point -of -Contact will ensure effective communication with deaf or hard -of -hearing
CF Integrated Contract 2014 15 Contract No. KPZ27
customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the Provider's
Single -Point -of -Contact,
A1-7.4 The Single -Point -of -Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and
contact points associated with compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of
providers and their subcontractors with 15 or more emptoyees, shall attest in writing that they are familiar with the requirements of
Section 504, the ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file.
Al -7.5 The Providees Single -Point -of -Contact will ensure that conspicuous Notices which provide information about the availability
of appropriate auxiliary aids and services at no -cost to the deaf or hard -of -hearing customers or companions are posted near where
people enter or are admitted within the agent locations. Such Notices must be posted immediately by The Provider and its
subcontractors. The approved Notice can be downloaded through the Internet at: http://www.myflfamilies.com/about-us/services-
deaf-and-hard-hearing/dcf-posters.
Al -7.6 The Provider and its subcontractors shall document the customer's or companion's preferred method of communication and
any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be
made if any request was not honored. The Provider shall distribute Customer Feedback forms to customers or companions, and
provide assistance in completing the forms as requested by the customer or companion.
Al.73 If customers or companions are referred to other agencies, the Provider must ensure that the receiving agency is, notified of
the customer's or companion's preferred method of communication and any auxiliary aiids�service needs.
A1-7.8 The Department requires each contract/subcontract provider agency's direct service employees to complete Serving our
Customers who are Deaf or Hard -of -Hearing and sign the Attestation of Understanding. Direct service employees performing under
this Contract will also print their certificate of completion, attach it to their Attestation of Understanding, and maintain them in their
personnel file.
Al-8 Client and Other Confidential Information. State laws providing for the confidentiality of client and other information include but
are not limited to sections 39.0132, 39.00145, 39.202, 39.809, 39.9�08, 63162,- 63-165, 383,412, 394.4615, 397.501, 409.821, 4019-175,
410.037, 410.605, 414295, 415-107, 415.295, 741.3165 and 916,107, F.S. Federal: laws and regulations to the same effect include
section 471(a)(8) of the Social Security Act, section 1106(b)(2)(A)(viii) of the Child Abuse Prevention and Treatment Act, 7 U.S.C.
§20120(e)(8), 42 U.S.C. §602 and 42 U.S.C. §1396a(a)(7) and 7 CFR §272.1(c), 42 CFR §§2.1-23, 42 CFR §431.300-30645 CFR
§400.27(a) and 45 CFR §205,50, A summary of Florida Statutes providing for confidentiality of this and other information are found in
Part 11 of the Attorney General's Government in the Sunshine Manual, as revised from time -to, -time.
A1-9 PRIDE. Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison, Rehabilitative
Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures
set forth in subsections 946,515(2) and (4), F.S. For purposes of this Contract, the Provider shall be deemed to be substituted for the
Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An
abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (800) 643-8459.
A1-10 Recycled Products. The Provider shall procure any recycled products or materials, which are the subject of or are required to
carry out this Contract, in accordance with the provisions of sections 403,7065, F.S.
Al -11 Scrutinized Companies. If this Contract is for an amount of $1 Million or more, the Department may terminate this Contract at
any time the Provider is found to have submitted a false certification under section 287,135, F.S., or has been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
Al.12 Federal Funding Accountability and Transparency Act, The Provider will complete and sign the FFATA Certification of
Executive Compensation Reporting Requirements form (CF 1111 or successor) if this Contract includes $25,0010 or more in Federal
Funds (as determined over its entire term). The Provider shall also report the total compensation of its five most highly paid executives if
it also receives in excess of 80% of its annual gross revenues, from Federal Funds.
Al-13, Prompt Payment and Vendor Ombudsman., Pursuant to section 215,422, F.S., the Department has five (5) working days to
inspect and approve goods and services, unless the bid specifications, purchase order, or this Contract specify otherwise. Any amount
that is authorized for payment but is not available within forty (40) days, measured from the latter of the date a property completed
invoice is, received by the Department or the goods or services are received, inspected, and approved (or within 35 days after the date
eligibility for payment of a health care provider is determined), a separate interest penalty as described in section 215.422, F.S., will be
due and payable in addition to the amount authorized for payment. Interest penalties less than one (1) dollar will not be paid unless the
CF Integrated Contract 2014 16 Contract No. KIP"'27
Provider requests payment. A Vendor Ombudsman has been established Within the Department of Financial services and may be
contacted at (850) 413-5516.
A1-14 Timely Payment of Subcontractors. To the extent that a subcontract provides for payment after Provider's receipt of payment
from the Department, the Provider shall make payments to any subcontractor within 7 working days after receipt of full or partial
payments from the Department in accordance with section 287,0585, F.S., unless otherwise stated in the contract between the Provider
and subcontractor, Failure to, pay within seven (7) working days will result in a penalty that shall be charged against the Provider and
paid by the Provider to the subcontractor in the amount of one-half of one percent (.005) of the amount due per day from the expiration of
the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of
the outstanding balance due.
Al-15 Employment Screening.
Al -15.1 The Provider shall ensure that all staff utilized by the Provider and its subcontractors that are required by Florida law to be
screened in accordance with chapter 435, F.S., are of good moral character and meet the Level 2 Employment Screening
standards specified by sections 435.04, 110.1127, and subsection 39.001(2), F.&, as a condition of initial and continued
employment that shall include but not be limited to:
a. Employment history checks;
b. Fingerprinting for all criminal record checks;
C. Statewide criminal and juvenile delinquency records checks through the Florida Department of Law Enforcement
(FDLE);
d. Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law
Enforcement; and
e. Security background investigation, which may include local criminal record checks through local law enforcement
agencies.
Attestation by each employee, subject to penalty of pedury, to meeting the requirements for qualifying for employment
pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying
offenses while employed by the employer.
Al -1 5,2The Provider shall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been
screened or the Provider is awaiting the results of screening,
All -,16 Human Subject Research. The Provider shall comply with the requirements of CFOP 215-8 for any activity under this Contract
involving human subject research within the scope of 45 CFR, Part 46, and 42 U.S.C. section 289, et seq., and may not commence such
activity until review and approval by the Department's Human Protections Review Committee and a duly constituted Institutional Review
Board.
Al-17 Coordination of Contracted Services. Section 287,0575, F.S., mandates various duties and responsibilities for certain State
agencies and their contracted service providers, and requires the following Florida health and human services agencies to coordinate
their monitoring of contracted services, Department of Children and Families, Agency for Persons with Disabilities, Department of
Health, Department of Elderly Affairs, and Department of Veterans Affairs, where applicable.
In accordance with Section 287,0575(2), F.S., each contract service provider that has more than, one contract with one or more of the five
Florida health and human services agencies must provide a comprehensive list of their health and human services contracts to their
respective Contract Manager(s), The list must include the following information:
• Name of each contracting State agency and the applicable office or program issuing the contract,
• Identifying name and number of the contract.
• Starting and ending date of each contract,
• Amount of each contract.
• A brief description of the purpose of the contract and the types of services provided under each contract.
• Name and contact information of each Contract Manager.
See _N/A for additional laws, rules and regulations affecting performance of this Contract,
CF Integrated Contract 2014 17 Contract No. KPZ27
B-1 Grant Agreement Terms
B-1.11 Grant agreement terms used in this document can be found in the Florida Department of Children and Families Glossary of
Grant and/or Contract agreement Terms, which is incorporated herein by reference and can be obtained from the grant
manager.
B-1,2 For the purposes of this agreement the term "grant" can be used interchangeably with the term "contract" and the term
Y4recipient" can be used interchangeably with the term "provider". These terms will be subject to the terms and conditions of
this contract.
B-1.3 The definitions contained in the U.S. Department of Housing and Urban Development Interim Regulations published
December 5, 2011, as amended and the 24 CFR Part 576 shall govern the Department's grant awards. Copies of these
federal regulations are available by contacting the grant manager identified in the Department contact section. Grantees are
directed to review the definition of homelessness in Section 576,2 of the federal regulations published in the December 5,
2011 Interim Rule.
B-2, Scope of Service: Services shall be provided in Monroe County, in accordance with the Provider's response to the Department's
Emergency Solutions Grant solicitation LPZ1 2.
B-3.1 The Emergency Solutions Grant (ESG) is a federal grant program from the U.S. Department of Housing and Urban
Development, and the federal regulations published for the grant program contained in 24 CFR Part 576, as amended, shall
govern, the awards made by the Department of Children and Families, herein after referred to as the Department.
B-3.2 In addition to the definitions contained in 24 CFR, Part 576 as amended, the Provider must also comply with other federal
laws and regulations, including the following:
Participate fully in the Homeless management Information System (HMIS). HMS requirements are outlined in the Interim
Rule published December 5, 2011 as amended. Accordingly, only Providers who commit to participate in HMIS will be
eligible for the Emergency Solutions Grant funding, Section 605 of the Violence Against Women Act of 2005 amended the,
McKinney -Vet Homeless Assistance Act to prohibit victim service providers from entering personally identifiable information
Into an H MIS database. This law applies to Providers receiving Violence Against Women Act and/or Family Violence
Prevention and Service Act funding. Domestic violence service providers are not required to participate in HMS, but shall
provide aggregate service data on persons and outcomes achieved. [See HUD Notice issued March 16, 2007, published in
the Federal Register]
B-3.3 The Provider shall be aware of and comply with regulations and requirements set forth in Part 24, Code of Federal
Regulations (C.F,R) § 576.23, Emergency Solutions Grant Program: Stewart B, McKinney Homeless Assistance Act.
Organizations that are religious or faith based are eligible, on the same basis as any other organization, to participate in the
Emergency Solutions Grants program. Neither the Federal government nor a state or local government receiving funds
under Emergency Solutions Grants programs shall discriminate against an organization on the basis of the organiization's
religious character or affiliation. Provisions set forth generally require that when services are funded under the ESG
program the services will be provided in a way that is free from religious influences and in accordance with the following
principles:
�8-3.3.1 An organization that participates in the Emergency Solutions Grants program shall not, in providing assistance,
discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious
belief,
B-3.3.2 The organization will provide grant services in a way that is free from religious influences and will not engage in
inherently religious activities, such as worship, religious services, instruction, counseling, or proselytization as part
of the programs or services funded under the grant. If an organization conducts such activities, the activities must
CF Integrated Contract 2014 18 Contract No, KPZ27
be offered separately, in a time or location,, from the programs, or services funded under the grant, and
participation must be voluntary for the beneficiaries of the programs or services funded by the grant.
B-3.33 The organization will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference on the basis of religion.
13-33.4 The organization will not limit services provided to, or give preference to any person seeking services based on,
religion,
13-3.4 There are additional federal and state assurances and certifications that the Provider must comply with, including all
ordinances, codes, and statutes relating to budding, health, fire, safety, sanitation, zoning and the environment, as well
habitability standards for all housing units occupied by assisted participants.
B-3.5 The Emergency Solutions Grant requires matching funds, The Provider is required by federal regulations under HUD's
December 5, 2011 interim Rule, as amended, and the 24 CFR, Part 576 to match the Emergency Solutions Grant with an
equal amount of funds from other sources. A Provider may use in -kind services, or other public or private cash sources to
meet the dollar for dollar match requirement. Matching funds must be provided after the date of the grant agreement's
execution, Funds used to match previous Emergency Solutions Grants or any other grant may not be used to match the
grant award made under this solicitation.
B-3.,6 Provider may use any of the following as matching funding:
B-3.6. 1 Cash-
13-3.6,2 Value of fair rental value of any donated material or budding;
B-3.63 Value of any lease on a building;
B-3,6A Salary paid to staff to carry out the program of the provider; or
B-16.5 Value of the time and services contributed by volunteers to carry, out the program of the Provider
based on the value at rates consistent with those paid for similar work in the providers organization
(24 CFR, Section 576.201 (e)),
B-3.7 The Department will reimburse the Provider for eligible expenditures, based upon actual program expenses incurred along
with supporting documentation as determined by the Department or the Department of Financial Services. There will be no
advance payments under this grant agreement. The supporting documentation must be submitted along with copies of
invoices in order for payment to be processed,
B-3.8 Administrative Costs. Recipients may use up to 4,5% of its Emergency Solutions Grant for costs related to the planning
and execution of ESG activities, Eligible costs include:
B-3.8.1 Costs of overall program, management,, coordination, or oversight (including staff salaries for program
administration activities)
B-3.8.2 Training on ESG requirements and costs of attending HUD sponsored training
B-3.8.3 Costs associated with conducting Environmental Reviews conducted under 24 CFR Part 576,407
B-3.9 Authority: For federal regulations governing the Emergency Solutions Grant Program see the HUD web site to view or
print regulations at:
B-4,11 Facilities. This clause does not apply to this contract.
CF Integrated Contract 2014 19 Contract No. KPZ27
B-4.2.1 The objectives of homeless prevention, is to assist individuals and families who are at imminent risk, or at risk, of
homelessness, meaning those who qualify under the homeless definition or those who qualify as at risk of
homelessness with short and medium term rental assistance and housing relocation and stabilization services to
1) prevent persons from becoming homeless in a shelter or an unsheltered situation, or 2) to help such persons
regain stability in their current housing or other permanent housing. Individuals and families must have incomes
below 30% Annual Median Income (AMI).
B-4,2.2 The objectives of rapid re -housing is to assist individuals and families, who are literally homeless, meaning those
who qualify under paragraph I of the definition of homeless with short and medium term rental assistance and
housing relocation and stabilization services to 1) help homeless persons living on the streets or in an emergency
shelter transition as quickly as possible into permanent housing, and then 2) help such persons achieve stability in
that housing.
B-4.3 Street, Outreach: This clause does not apply to this contract.
B-5 Service ArealLocationslTimes,
J ;I
Monroe County Social Services
1100 Simonton Street
Key West, Florida 33040
B-5.2 Service Times: Services for Prevention / Rapid Re -housing contracts will be made available to those seeking assistance
within normal business hours. Monday -Friday, 8 am until 5 pm and those deemed necessary by the Provider to meet the
needs of clients seeking service. Any change in service time shall not require an amendment to this grant, but will require
the Provider requesting written approval from the Department prior to the time change,
B-5.3 Changes in Location, The service delivery location shall not be changed without prior written approval from the contract
manager.
B-6 Clients to be Served'- General Description:
B-6A Facilities: - This clause does not apply to this contract,
B-6.2 Prevention
Homeless Prevention serves extremely low income individuals and families, whose household income is below 30% AMI, at
risk of becoming homeless and moving into an emergency shelter or place not meant for human habitation. (Exhibit Ell).
13-6.3 Rapid Re -Housing
Rapid Re -Housing serves individuals or families who are literally homeless, currently living in an emergency shelter or
place, not meant for human habitation, (Exhibit BI),
B-6.4 Outreach: This clause does, not apply to thiis contract,
BI.7 Client Eligibility: Client eligibility for services shall be determined by the Provider in, accordance with 24 CFR Part 576 as
amended in HUD December 5, 2011 Interim Rule; the guidelines outlined in the provider's written standards and procedures as
approved by the Department prior to execution of this grant as incorporated by reference herein; and by the criteria for defining
homeless under the Homeless Definition established by HUD.
B-8 Client Determination: In the event of any disputes regarding the eligibility of clients, the determination made by the Department
is final and binding on all parties. Provider is directed to review the definition of homelessness in Section 576,2 of the federal
regulations published in the December 5, 2011 Interim Rule,
CF Integrated Contract 2014 20 Contract No, KPZ27
B-9 Equipment: It is the responsibility of the Provider to supply at its own expense, any equipment (aside form equipment purchased
with funds from this grant agreement) necessary to provide services under this grant agreement. All equipment acquired under
this grant agreement will be inventoried annually.
B-10 Contract Limits: This grant agreement is limited to funding from January 1, 2015 or the date of grant execution, whichever is
later, to and including June 30th, 2015. Funding is limited to no more than L76 ,598,00 for the grant period and must be met with a
dollar for dollar match requirement according to 24 CF R, Part 576 and HU D's December 5, 2011 interim Rule as amended. There
is, no provision for renewal o r exte n sion of this grant agreement.
CF integrated Contract 2014 21 Contract No, KPZ27
!#pm.Y M IY
"� IMC4i�dN M; I 6 0 '0'.
' �tYYKKr" A cf 4
mpaNa n -.
s''s
,Y,,,v. 'Dteeif
.,
Badarags iief'lnedas5l�rzn�l�s...
iiwrunder the following categories are eligible for
assistance in SO1
Category 1 -- Literally Homeless
Category 4-Fleeing/Attempting to Flee DV (wwhere the individual or family '
Gw
also meets 'the criteria for Category 1)
�w
SO projects have the following additional limitations on eligibility within Categat'y
cn
m individuals and families must be IMng'on the struts (or other plates not
meant for human habitation) and be unwilling or unable to access services
In emergency shelter
lndNidiwals and Faemilies defined as HomeSess sunder the following _.
-�- lowing categories .are
eligible for assiStanCe in ES projects:
Z
0 Ca..
* Category %.,- Literally Homeless
M
w Category 2 - imminent Risk of Homeless
'b
W°
ai
. Category 3 -Homeless ender Other Federal Statutes
0
�
W Category 4 - Fleeing/Attempting to Flee DV
Ln
0
individanals defined as Homeless on der the following categories are eligible for
6"
assistance in RRH projects;
O
+�
"a
0 Category 1-'Literally Homeless
a
o Category 4-Fleeing,/Atternpting to Flee €aV (where the Individual or familyCIC '
also meets the Criteria for Category 1)
Individuals and Farrcrlles defined as Horaneless under the following categories are.
W,
eligible for assistance Err HP projects:
* Category 2 -Imminent. Risk of Homeless
Category 3 -Homeless under other Federal Statutes
r1r
Category 4 - Fleeing/Attempting to Flee DV
Individuals and Families who are defined as At Risk of Homelessness are eligible for
assistance in HP projects.
HR projects have, the following additional limitations on eligibility with homeless
Eand
at risk of homeless:
* Must only serve individuals and'famllles that have an annual income'
Wow 34% of ArAl
CIF Integrated Contract 2014 22 Contract No. KPZ27
EXHIBIT C - TASK LIST
The Provider shall perform all functions necessary for the proper delivery of services including, but not limited to, the
following:
C-1.1 The Provider shall comply with the Program/Project Narrative as described in the Provider's response to Grant Application
LPZ12, within the limits of the approved Budget (Exhibit Cl,), Budget Narrative (Exhibit C2) and the Task Limits contained
herein.
C-1 1 Task List: Provider must develop written standards and procedures for providing assistance in accordance with
provisions set forth in HUD's December 5, 2011 Interim Rule. These standard policies and procedures must be
approved by the Department prior to grant execution and are incorporated by reference herein. Standards must meet
these criteria:
C-1.2.1 Standard policies and procedures for evaluating Individuals' and families' eligibility for assistance under the
Emergency Solutions Grant: Minimum Standards: Must be (1) consistent with the definition of homeless and at -
risk homeless set forth in 24 CFR 576,2; and (2) the record keeping requirements set forth in CFR 576,500 (b-e),
C-1.2.2 Standard policies and procedures for coordination among homeless, service providers, as well, as mainstream
service and housing providers: Minimum Standards: Standard shall encompass all providers and programs listed
in Sections 576.40,0(b) and (c) of the HUD December 5,,2011 Interim Rule.
C-1.2.3 Continuum of Care Centralized or Coordinated Assessment 'System: The Department shall require all grant
Providers to submit a certification from the designed continuum of care lead agency that the Provider is using the
assessment system, If the continuum of care has not yet developed such a coordinated assessment system in
accordance with HUD's December 5, 2011 Interim Rules requirement, the continuum lead agency shall provide
written documentation of this. Victim service providers may choose not to use the continuum's coordinated
assessment system. If so, the victim service provider shall document this decision in writing.
C-1.2.4 Outreach: This clause does not apply to this contract.
C4.2.5 Shelter Facilities: This clause does not apply to this contract.
C-1.2.6.1 Policies and procedures for determining and prioritizing which eligible families and individuals will
receive homeless prevention assistance or rapid re -housing aid, Department's Priority: Families with
children shall be given preference under the Department's award for both prevention and rapid re, -
housing, to the maximum extent possible.
C-1.2.6.2 Standards for determining the share of rent and utility costs that each eligible participant must pay, if
any, while receiving either homeless prevention or rapid re -housing aid.
C-1263 Standards for determining how long a particular participant will be provided with rental assistance,
and whether and how the amount of assistance may be adjusted over time.
C-1.2.6.4 Standards for determining the type, amount and duration of housing stabilization and/or rapid re-
housing assistance and/or relocation services to be provided to an eligible participant, including
limits, if any, on the amount of homeless prevention or rapid re -housing assistance that a participant
may receive. The standards shall set forth the maximum amount of assistance, the maximum months
of assistance possible, and maximum number of times a participant may receive assistance.
CF Integrated Contract 2614 26 Contract No. KPZ27
C-1,23 HMIS (Homeless Management Information System)
C-127.1 Recipients must enter data on all persons served and all activities assisted under ESG into, the
applicable community -wide Continuum of Care HMIS or comparable database. Activities funded by
ESG must comply with HUD's standards, on participation, data collections and reporting under local
HMIS (See 24 CFR Part 576,107). Victim service providers must not enter data into an HMIS but
must use a comparable database. Information in the comparable data must not be entered directly
into or provided to an HMIS. Eligible costs include*:
a. Hardware equipment and software costs
lb, Staff salaries for operating HMIS
C, Training and overhead (participation fees charged by the lead agencies)
C-117.2 *Activities funded under this component must comply with HUD's standards on participation, data
collection and reporting under a local HMIS in HUD's December 5, 2011 Interim Rule as amended,
C-2 Administrative Tasks
C-2.1 Staffing:
C-21.1 The Provider will maintain sufficient and appropriate staff to deliver the proposed services reflected in the grant
agreement. The Provider shall maintain an adequate administrative organizational structure and support staff to
conduct its contractual responsibility, including intake and evaluation of applications for assistance and case
management of client's receiving assistance. This grant will partially support the salaries of two Case Managers
and one administrative position.
C-2.1.2 The Provider shall replace any employee, whose continual presence would be detrimental to the success of the
project, as may be determined by the Department.
C-2,2 Professional Qualifications: Minimum professional qualifications for staff shall be determined by the Provider. The
position, descriptions as described in the Provider's application submitted in response to the grant applications shall remain
in place until written, approval for any changes is obtained from the Department.
C-2.3 Subcontracting: This grant agreement allows the Provider to subcontract only for services described in the Provider's
response to Grant Application LPZ1 2 that are described as being in need of subcontracting. All subcontracting is subject to
the provisions of Section 4 of the Standard Contract Agreement and must be approved prior by the Department The
Provider may not subcontract services not listed in their response to Grant Application LPZ1 2.
C-2.4.1 To the extent that information is utilized in the performance of the resulting grant agreement or generated as a
result of it, and to the extent that information meets the definition of "public record" as defined in subsection
119.011 (1), FS., said information is hereby declared to be and is hereby recognized by the parties to be a public
record and absent a provision of law or administrative rule or regulation requiring otherwise, shall be made
available for inspection and copying by any interested person upon request as provided in Chapter 119, F S,, or
otherwise. It is expressly understood that the Provider's refusal to comply with Chapter 11 9., F.S., shall constitute
an immediate breach of the resulting grant agreement, which entitles the Department to unilaterally cancel the
grant agreement. The Provider is required to notify the Department in writing of requests made for public records.
C-2.4.2 All documents pertaining to the program shall be retained by the Provider for a period of six (6) years after the
termination of the grant agreement, or longer as may be required by any renewal or extension, of the grant
agreement. During the record retention period, the Provider agrees to provide all documents required to be
retained upon demand by the Department,
CF Integrated Contract 2014 24 Contract No, KPZ27
C-2.4.3 The Provider agrees to maintain the confidentiality of all records required by law or administrative rule to be
protected from disclosure. The, Provider further agrees to hold the Department harmless from any claim or damage
including reasonable attorney's fees and costs of any fine or penalty imposed as a result of improper disclosure by
the Provider of confidential records may be maintained manually or electronically.
C-2.5 Reports (programmatic and to support payment): - Refer to Exhibit D, Section D-7.
mill III I III �111 111111111 �1111 111111 ill I
CF Integrated Contract 2014 25 Contract No. KPZ27
-AMANK
APPR&T, ED BTDGET
Eligible Activity Grant $
A. Rental Assistance $28,000,0O
B. Housing Relocation and Stabilization
i. Financial Assistance Costs $15,,000.0O
iii Services Costs $ 980.00
AA 0 M W. NMI M_
A. Rental Assistance $22,5WOO
B. Housing Relocation and Stabilization
i. Financial Assistance Costs $ 3,0001.00
ii Services Costs $ 6,20.00
DOEM
A. Cost of contributing data to HMIS for CoC $ 3,200,00
B. HIVIIS Lead Agency Costs for hosting and
maintaining system
C. Victim Services provider costs for comparable
database
4. Administrative Costs tCap 4.5%]
A. Local government $ 3,298.00
B. Private non-profit organization
TOTAL BUDGET $76,598M
CF Integrated Contract 2014 26 Contract No. KPZ27
A92P.1"
Budget Narrative
Rapid Re -Housing
• Rental Assistance -short term (up to three months of rent) and medium -temp (more than three months) rental assistance and
payment of rental arrears in a one-time payment for up to six months of rent in arrears provided to households eligible for rapid
rehousing assistance.
0 Financial assistance costs -rental application fee, security deposits, last month's rent, utility deposits, utility payments and
moving costs
MMMOSWO MW 1=4 I
Rental assistance -short term (up to three months of rent) and medium -term (more than, three months) rental assistance and
payment of rental arrears in a one-time payment for iup to six months of rent in, arrears provided to households eligible for
homeless prevention assistance.
Financial assistance costs - rental application fee, security deposits, last month' s rent, utility deposits, utility payments and
moving costs,
HMS IS
0 Cost of contributing data to HM IS for CoC
Administrative Cost -
Local Government - This line item includes the cost of managing oversighit, accounting reporting and the annual financial audit
costs associated with the grant.
CF Integrated Contract 2014 27 Contract No. KPZ27
11zV1W4WAfVA4_5Kq
Recipient is required to meet these deliverables, as part of compliance for funding received under the Emergency Solutions
Grant:
D-1 Emergency Shelters: This clause does not apply to this contract.
D-2 Prevention and Re-houising
D-2.1 A unit of service is one month of Prevention and Rapid Re -Housing services provided to eligible clients. A client may be an
individual or (household: however, households with children are to receive priority for services. A minimum of 2 households will be
served each month for the term, of the grant as documented in the monthly and year to date client activity report (Exhibit Dl).
Services include providing intake, eligibility determination, case management and the provision of rental or utility assistance.
D-2.2, The Provider shall input service data monthly into the Homeless Management System (HMIS) on all activity conducted with
ESG funds.
D-3 Street Outreach: This clause does, not apply to this contract.
D-4 In addition to the above, the Provider shall submit quarterly HMS Consolidated Annual Performance and Evaluation Reports
(CAPER) on all activity conducted with ESG funds as indicated on the reports; and
D-5 Submit monthly invoice (Exhibit DI) for reimbursement with the required documentation to include but not limited to for ESG
I
services provided during the covered period,
D-6 Submit the HUD Annual Performance Report (APR) on all activity conducted with ESG funds as indicated on the reports
D-7 The Recipient shall maintain and submit to the Department the following reports:
Report Title Reporting
Report Due Date
Number
DCF Office to receive
Frequency
of Copies
reports)
Invoice (Exhibit DI) Monthly
20th of each month
1
Grant Manager
following service, or next
business day if Saturday,
Sunday or holiday
Match Report (Exhibit DI) Monthly with invoice
20th of each month
1 each
Grant Manager and Office
following service, or next
on Homelessness
business day if Saturday,
Sunday or holiday
66n'tA_ctivity _Report (Exhibit —Oil) —Mont,h--lywith invoice
20i1h of each month
1
Grant Manager
(# of clients served
following service, or next
monthly and year to date)
business day if Saturday,
Sunday or holiday
HMIS CAPER/APR Performance Quarterly with
20th of month following the
I each
Grant Manager and Office
Report invoice
end of December, March
on Homelessness
and June
HUD Annual Performance Report Annually
July 15 (for grant period
1 each
Grant Manager and Office
ending 06/30/2015)
on Homelessness
CF Integrated Contract 2014 28 Contract No, KPZ27
D-8 The Provider shall submit the required reports listed in the above chart to the Grant Manager at the following address:
Florida Department of Children and Families
Attention: Theresa Phelan, Contract Manager
1111 1 21h Street
Key West, FL 33040
D-9 And where indicated to the State Office on Homelessness at the following address:
Tallahassee, FL 32399-0700
D-10 Where the grant requires the delivery of reports to the Department, mere receipt by the Department shall not be, construed to
mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance of required reports shall
constitute a separate act.
D:- 11 The Department or the Department of Financial Services reserves the right to reject reports as, incomplete, inadequate, or
unacceptable according to the parameters set forth in the grant agreement or the Department of Financial Services Reference,
Guide for State Expenditures (Exhibit D2). The Department, at its option, may allow additional time within which the Provider may
remedy the objections noted by the Department, or the Department may, after having given the Provider a reasonable opportunity
to complete, make adequate or acceptable, and declare this grant agreement to be in default.
D•12 On a imonthly basis,, the Provider will report the matching expenditure dollars and in -kind contributions with, the monthly
performance reports submitted to the Grant Manager and Office on Homelessness. In -kind contributions may be evaluated and
counted as all or part of the match. In addition, the Provider shall report match with invoices submitted for reimbursement for the
corresponding month of service to the grant manager for approval. The report will be due not later than fifteen (15) calendar days
following the end of the month to the grant manager. Grant Managers may require additional reports regarding and substantiating
claimed match as deemed necessary, and will request these from the Provider if needed,
CF Integrated Contract 2014 29 Contract No. KPZ27
EXHIBIT D1
MONTHLY INVOICE, PERFORMANCE
& MATCH REPORTING
MONTHLY REPORT OF DISBURSEMENT - INVOICE
2014 Federal Emergency Solutions Grant Program
-- -----
Provider: Monroe County
ESG Contract # KPZ27
Address: 500 Whitehead Street
Key West, FL 33040
FEID: 59.6000749
Department of Children and Family Count(les)
served: Monroe
Telephone: 305-292-4500
Grant Year: FY2014.2015
Reporting Period:
OCA: ESGI15
Approved Amount, Total
Budget
Line Items
I
Budget this Expenditures
Remaining
Invoice to
RAPID RE -HOUSING (790064),
Rental Assistance
$28,000.00
Housing Relocation and Stabilization
Financial Assistance Costs
$15,000,00
Services Cost
$ 980.00
HOMELESS PREVENTION (790067)
Rental Assistance
$22,500.00
. . . .... . . ......
Housing Relocation and Stabilization
"�i'
Etta. 'Vol'',!"I"
Financial Assistance Costs
$ 3,000.00
OF
Services Costs
620.00
IHMIS
(790066)
Cost of contributing data to HMlS for Continuum of Care
$ 3,200'0 POO'
---
HMIS Lead Agency Costs for hosting and maintaining system
Victim Services provider costs for comparable database
MINISTRATION COSTS (Cap 4�5%) (790065)
------
Loc al Government
$3,298.00
Private Non-profit Organization
A—0 —. TOTAL � $76,L9-= hereby certify that the above report is a true, accurate and correct reflection of the activities of this period; and that these
expenditures reported are made only for items that are allowable and directly relate to the purposes of this referenced contract
Signature of Provider Agency Official
CLIENT ACM ITY REPORT FY14/15
Title of Provider Agency Official
CF Integrated Contract 2014 30 Contract No. KPZ27
M 5 k VER
Served Life
to Date
....... ........ . . ......... ............ ---
Rapid
Number Rapid
Prevention
Rehousing
Number Prevention
Rehousing Clients
Persons
Persons
Month & Year
Clients Served
Served*
Served
Served
Jul 2014
Aug 2014
. .. ... .......
Sep 2014
Oct 2014
Nov 2014
2014
-De�c
Jan 2015
Feb 2015
..... . ...
Mar, 20151
..
Apr 2015
May 20,15
June 2015
.. .........
Total
0
0 .... ..
.
0
. ...... --.-
01
Number of households with children served for
Reporting month"
7F'11%
*Clients may be individuals or households
** Households with children shall be Prioritized for services
irem I NMI =71 WTI I in
Comments Regarding Match:
Note: DCF reserves the right to revise this format without amending the grant agreement
CF Integrated Contract 2014 31 Contract No. KPZ27
AN: 11 :1 k a
Bureau of Auditing
Tallahassee, Florida 32399-0355
CF integrated Contract 2014 32 Contract No. KPZ27
PMMr�
The following requirements apply to all invoices submitted for payment.
1. An invoice submitted for payment must be a legible copy. The original invoice is mointainedby the agency. If on
agency is filing a copy of the invoice as its original, it must contain the statement "original invoice not available,
agency records show that this obligation has not been previously paid" with the signature of the person certifying
the statement. Thermo fox copies, because of their temporary nature, shall not be filed as the, original at the
agency. It should be copied on a standard photocopy machine,
2. Invoices for commodities must clearly reflect a description of the item or items, number of units and cost per unit.
Numerical code descriptions alone will not be accepted.
3, Invoices for services must also clearly reflect the specific deliverables that must be provided and accepted prior to
payment.
i. Invoices for fixed unit rate agreements must show the number of units and cost per unit.
ii. Invoices for agreements paid out on a reimbursement basis or a fixed rate for a specific time
period, e.g. quarterly, monthly, etc., must identify the deliverables provided or be supported by
documentation (such as a progress report) that clearly reflects the deliverables provided during the
invoice period. Documentation must evidence that the minimum performance standards were, met.
4, No balonces for prior purchases will be paid unless supported by on invoice.
5. A statement will not be paid unless it can be clearly shown that the vendor intended it to, be used as an invoice that
meets all invoice requirements.
6. All invoices shall be processed in accordance with s. 215.422, F.S., and the rules set forth in Rule 691-24, FAC.
7. Invoices that are split payments require information showing the distribution of charges between funds for such
invoice and a cross-reference of the statewide document numbers for all related vouchers.
8. Invoices and other supporting documentation included in a voucher must be grouped by vendor and arranged in
the some order as the vendors are listed on the voucher schedule. If the voucher includes multiple invoices from
the same vendor, the voucher must include a calculator tape or other evidence showing that the total of the
invoices is equal to the amount shown on the voucher schedule.
9. Acronyms and non-standard abbreviations for programs or organizational units within an agency should not be
used in the supporting documentation unless an explanation is also included,
CF Integrated Contract 2014 33 Contract No, KPZ27
PA Y�Vlll AGI?EE'Mi"N7'S�''Of?SE,�'�l'i,(,"ES
These payment processing requirements apply to agreements for services provided by vendors and recipients/sub-
recipients.
Agencies are required to complete and submit a Contract Summary Form with each payment for agreements for services
(including payments to recipients1sub-recipients). The Contract Summary Form information will be used by the Bureau of
Auditing to pre -audit the invoice so the form must be complete and reflect specific information Lrom the agreement.
Information should clearly identify the specific deliverables including the minimum performance requirements and the
payment criteria (compensation) for each deliverable. This information may be included on an attachment if there is
insufficient space on the form.
The Summary Form is available on the Department of Financial Services website at
In addition to the requirements listed in "Invoices" and "Payment Processing," agreements forservices require additional
documentation based on the, method of payment.
Agencies must submit an itemized invoice by expenditure category (salaries, travel, expenses, etc.). Each agency is required
to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment
request, the agency is certifying that the detailed documentation to support each item on the itemized invoice is on file at
the agency and is available far audit.
Supporting documentation shall be maintained in support of expenditure payment requests for cost reimbursement
contracts as provided in Comptroller's Memorandum No. 04 (1996-97). Documentation for each amount for which
reimbursement is being claimed must indicate, that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for
categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to
low) and directly related to the services being provided.
Types and examples of supporting documentation for cost reimbursement agreements. -
Salaries: A payroll register or similar documentation should be maintained. The payroll register should show gross solory
charges, fringe benefits, other deductions and net pay. if an individual for whom reimbursement is being claimed is paid
by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
Fringe benefits. Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g.,
insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage
rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.
Traveh Reimbursement for travel must be in accordance with s. 112.061, F. S., which includes submission of the claim on
the approved state, travel voucher.
Other direct costs: Reimbursement will be made based on paid invoiceslreceipts. If no'nexpendable property is purchased
using state funds, the contract should include a provision for the transfer of the property to the State when services are
terminated, Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C, regarding the
requirements for contracts which include services and that provide for the, contractor to purchase tangible personal
property as defined in s. 27102, F. S., for subsequent transfer to the, State.
In-house charges, Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed based on a
CF IntegratedContract 2014 34 Contract No. KPZ27
usage log which shows the units times the rate being charged. The rates must be reasonable.
Indirect costs: if the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should
be shown.
Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that
may be in the form of FLAIR reports or other detailed reports.
Additionally, the invoice or submitted documentation must evidence the completion of a// tasks required to be performed
for the, deliverable and must show that the provider met the minimum performance standards established in the
agreement.
Above references taken from pages 30-31 and 41-42 of the Department of Financial Services, Reference Guide on State
Expenditures.
CF Integrated Contract 2014 35 Contract No. KPZ27
WIrIff *-IMASTM
E-1 Minimum Performance Measures
E-1,1 The Recipient shall maintain comprehensive client files containing all required documentation to support service provision
and make these available to the Department upon request,
E-1.2 Performance measures are proposed to be used jointly by the Department and the Continuum of Care planning lead
agency to assess the performance of the Department's funded Providers under the 2014 Emergency Solutions Grant. The
Provider will be required to provide copies of the Department required reports to, the lead agency at the same time the
report is due to the Department.
E-1.11 A reduction of 5 households with children who are homeless in the Continuum of Care (CoC) area.
E-13.2 At least 35% of the participants served remain permanently housed six (6) months, following the last date
assistance was provided under the grant.
MM.1711 111771111 WWVIRMW1111 M iiiiiji
LEE=
E-2.1 Performance measure 1 above shall be calculated as follows:
S Me
E-2,2 Performance measure 2 above shall be calculated as follows:
# of partic�Lants served remaining permanently housed 6 months following last assistance
Total number of clients served during the reporting period
E-23 Compliance with the, above will be determined by the Department by reviewing related HMIS data, as follows:
E-2.3.2 HUD APR Report will document compliance with Performance Measure 2.
E-3 Performance Standards Statement: By execution of this grant the Provider hereby acknowledges and agrees that its
performance under the grant must meet the standards set forth above and will be bound by the conditions set forth in this grant. If
the Provider fafls to meet these standards, the Department, at its exclusive option, may allow up to six (6) months for the Provider
to achieve compliance with the standards. if performance deficiencies are not resolved to the satisfaction of the Department within
the prescribed time, and if no, extenuating circumstances can be documented by the Provider to the Department's satisfaction, the,
Department must cancel the grant with the Provider. The determination of the extenuating or mitigating circumstances is the
exclusive determination of the Department.
CF Integrated Contract 2614 36 Contract No. KPZ27
AM MEMA1111014111412
F-1 Cost Reimbursement
F-1.1 Costs associated with carrying out services under this grant agreement will first be paid by the Provider. The Provider will
submit invoices for eligible costs to the Department for reimbursement in accordance with the Department of Financial
Services Reference Guide For State Expenditures which is incorporated by reference. A copy can be requested upon
request to the grant manager or located at the Florida Department of Financial Services website.
F-1.2 This is, a cost reimbursement grant. The Department shall reimburse the, Provider for allowable expenditures incurred
pursuant to the, terms of this grant agreement for a total dollar amount not to exceed JZty, �98.00, subject to the availability
of funds, and the Provider's required match of 100 percent. This project is funded by an Emergency Solutions Grant for the
homeless from the U.S. Department of Housing and Urban Development.
F-1 3 The Provider shall request reimbursement on a monthly basis through a submission of a properly completed Invoice
(Exhibit DI), not later than fifteen (15) days following the end of the month for which reimbursement is being requested.
Charges on the invoice must have supporting documentation attached. Payment shall be contingent upon receiving and
accepting the invoice and all required reports and supporting documentation: submitted to the grant manager,
F-1.4 Payment may be authoritzed only for allowable expenditures on the Invoice which are in accordance with the limits specified
in the approved Budget (Exhibit C1) and approved Budget Narrative (Exhibit C2), as submitted to the Department of
Children and Families for the Emergency Solutions Grant Program and its applicable program component.
F-1 .5 If no services are due to be, invoiced from the preceding month, the Provider shall submit a written document to the
Department indicating this information within fifteen (1 5) days following the end of the month.
F-2 Financial Consequences
F-2,1 This grant agreement shall have financial consequences related to faillure of the Recipient to perform under the terms of the
grant agreement and pursuant to Chapter 2013-154, Laws of Florida and section 215.971 (1)(c), F. The Recipient shall be
penalized 2% of the last invoice total to be reimbursed or the last invoice that has been reimbursed by the Department. The
Recipient shall make payable to the Department the amount of the penalty within 30 days after being notified in writing by
the grant manager, If the Recipient fails to reimburse the Department, the Department has the right to refuse to gran any
new grant agreement or contract awarded through the Department for any services, until said reimbursement is received
F-3 Supporting Documentation Requirements: Documentation of alll expenses incurred under a cost reimbursement grant must
accompany the properly completed invoice. In addition to the documentation required in Exhibit D2, documentation also includes,
but is not limited to the following:
F-3.1 Professional Service Fees on a time/rate basis. The invoice must include a general statement of the services
being provided. The time period covered by the invoice, as well as the hourly rate times the number of hours
worked, must be stated. Supporting documentation must be included detailing the hours represented on the
invoice. Such documentation should include, timesheets or a time log and copies of canceled payroll checks or
payroll register. The State's Chief Financial Officer (CFO) reserves the right to require further documentation on an
as needed basis,
-3.2 Postage and Reproduction Expenses. Purchases made from outside vendors must be supported by paid invoices
or receipts, Purchases for all 'in-house postage (e.g., postage meter) and reproduction expenses must be
supported by usage, logs or similar documents.
F-13 Expenses. Receipts are required for alli expenses incurred (e.g., office supplies,, printing, long distance telephone
calls, etc.)
F-3.4, Travel. For all travel expenses, a Department travel voucher, Form DFS-AA-1 5 (State of Florida Voucher for
Reimbursement of Traveling Expenses) must be submitted, Original receipts for expenses incurred during officially
CF Integrated Contract 2014 37 Contract No. KPZ27
authorized travel (items such as car rental and air transportation, parking and lodging, tolls and fares) are required
for reimbursement. Subsection 287,058(1)(b), F,S,., requires that bills for any travel expense shall be sub mitted in
accordance with s. 11 Z061, F.S., governing payments by the state for traveling expenses. CFOP 40-1 (Official
Travel of DCF Employees and Non -Employees) provides further explanation, clarification and instruction regarding
the reimbursement of traveling expenses necessarily incurred during the performance of official state business.
ESG funds may be used for travel when such travel is to HUD sponsored training.
F-4 Budget Changes, The Recipient must submit to the Department a written request for budget changes and obtain written
approval before a change is implemented. Such changes between categories may be allowed if the following conditions are
met
F-4.1 There is no change in the scope or objectives of the grant agreement,
F-4.2 The changes do not increase or decrease the original dollar amount in the total budget.
F-43 There is another category in the budget from which funds can be shifted.
F-,4.4 The changes do not involve establishing a new category or totally eliminating a category.
F-4.5 Budget changes which do not meet the above conditions will require a properly executed grant
agreement amendment, signed by the Recipient and the Department on or before the effective date for
implementation of the specified change.
F• Service Delivery Documentation: The Recipient must maintain records documenting the total number of clients and names
(or unique identifiers) of clients to whom services were provided and the date(s) on which services were provided so that an
audit trail documenting service provision is available. Any payment requested under the terms of this grant agreement may be
withheld until the evaluation and reports due from the Recipient, and adjustments thereto have been received and approved by
the Department.
F-6 Match Requirements: Pursuant to Title 24, Part 576.51, Code of the Federal Regulations, a match of 100% is, required on the
part of the Recipient. The match requirement may be satisfied by an in -kind match subject to the following provisions:
F-6.1 The value of materials used to improveiremodel, the fair market rental value of the space being utilized for the
period and/or the lease expense paid by the organization or donated to the organization at fair market value.
Volunteer services and donated professional services are to be valued at their actual fair market value within
the community. For the purposes of the Emergency Solutions Grants Program, suitable match may be defined
as any and all current or proposed Recipient expenditures on behalf of the homeless shelter, so long as they
are not other Emergency Solutions Grant funds, or funds being concurrently used as match for other grants
and projects. Eligible match includes the value of goods and services, buildings and land, equipment,
furnishings, supplies, staff, administrative support, volunteer manpower, donations, grants, cash,
contributions, and rent, utility, insurance and maintenance expenditures. The match is to be dollar for dollar.
Funds used for Emergency Shelter Grants match may not be concurrently utilized as match for other grants or
funding sources. Recipient funds used to match previous Emergency Shelter Grants or Emergency Solutions
Grants may not be used to match a subsequent Emergency Solutions Grant,
F-6.2 There must be specific documentation as to the amount and source of all matching contributions,
F-6.3 Matching funds must be provided after the date of the grant agreement is executed,
F•y If any compensation under this contract is based on Provider costs, in order to be recognized for such purposes, all such costs
must be of a type authorized by the contract, allowable in nature under Federal standards and State law, reasonable in amount
and prudently incurred in the performance of services under this contract. Additionally, cost reimbursement remains subject to
any contract terms relating to performance and other conditions affecting compensation. Except as otherwise provided in this
contract, to the extent that administrative, overhead or similar costs are recognized for purposes of compensation, such costs
are limited to recurring costs normally and prudently incurred in the ordinary course of business in the delivery of services under
this contract and will not include extraordinary costs or costs resulting from or relating to uninsured loss, litigation or
CF Integrated Contract 2014 30 Contract No. KPZ27
nonrecurring events, regardless of cause. Furthermore, recovery of any cost is barred by the indemnity provisions of this
contract to the extent resulting from any imprudent or negligent act or omission of the Provider, its agents, employees or
subcontractors.
CF Integrated Contract 2014 39 Contract No. KPZ27
ATTACHMENT I
`File administration of resources awarded by the Department of Children & Families to the provider may be
subject to audits as described in this attachment.
IMM111110IM1044
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised, the department rnay monitor or conduct oversig ,ht reviews to evaluate compliance with
contract, management and programmatic requirements. Such monitoring or other oversight procedures
may include, but not be limited to, on -site visits by department staff, limited scope audits as defined by
OMB Circular A -I 33, as revised, or -other procedures. B,y entering into this agreement, the recipient agrees
to comply and cooperate with any monitoring procedures deemed appropriate by the department. In tile
event tile department determines that as limited scope audit of the recipient is appropriate, the recipient
agrees to comply with any additional instructions provided by the department regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deenled necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor
General.
AUDITS,
PART 1: FEDE'RAL REQUIREMENTS
']'his part is applicable if the recipient is a State or local government or a non-profit organization as defined
in CIMB Circular A-] 33, as revised.
In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with tile provisions of OMB Circular
A-] 33, as revised. The recipient agrees to provide a copy of the single audit to the Department's Single
Audit Unit and its contract manager. In the event the recipient expends less than $500,000 in Federal
awards during its fiscal year, the recipient agrees to provide certification to the Department's Single Audit
Unit and its contract manager that a single audit was not required. In determining the Federal awards
expended during its fiscal year, the recipient shall consider all sources of [-cdcral awards, including Federal
resources received from the Department of Children & Families, Federal government (direct), other state
agencies, and other non -state entities, "File determination of amounts of Federal awards expended should be
it) accordance with guidelines established by OMB Circular A-133, as revised. Ali audit of the recipient
conducted lay the AuditorGeneral in accordance with the provisions ofOMB Circular A-133, as revised,
will meet the requirements of this part. In connection with the above audit requhvillents, the recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised.
The schedule of expenditures should disclose tile expenditures by contract number for cacti contract with
the department in effect during the audit period. The financial statements should disclose whether or not
tile matching requirement was tenet for each applicable contract. All questioned costs and liabilities due the
departnient shall be fully disclosed in the audit report package with reference to the specific contract
number.
Single Audit Information for Recipients of Recovery Act Funds:
(a) To maximize the transparency and accountability of funds authorized under the American Recovery and
Reinvestment Act of 2009 (Ilub. L 111 5) (Recovery Act) as required by Congress and in accordance with
2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements- and OMB Circular A—
CF 1120 (12/ l 4/2011 ) 40 Grant agreement tt K PZ27
102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds, OMB Circular A- 1 O2 is available at
littp.-//Nvww.whitehouse.gov/k)nib/cii-culars`/�i 102era IO2.1itrill.
(b) For recipients covered by the Single Audit Act Arnenchricrits of 1996 and OMB Circular A-1 33,
"Audits of States, Local Governments, and Non -Profit Organizations,- recipients agree to separately
identify the expenditures for Federal awards Linder the Recovery Act on the Schedule of Expenditures of
Federal Awards (SEFA)and the Data Collection Form (SF-Se?required by OMB Circular A 133, OMB
Circular A--I 33 is available at littp://www,whitehouse.gov/oinb+'circulars/a133/al33.latrrrl. This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on
the SEFA, and as separate rows Linder Item 9 of Part III on the Sl'-"-SAC by CFDA number, and inclusion of
the prefix "ARRA- in identifying the narne of the Federal prograni on the SFFA and
as the first characters in Item 9d of Part I I I on the SF' -- SAC .
(c) Recipients agree to separately identify to each subrecipient, and document at the time ofsubaward and
at the time of disbursement of funds, the Federal award number, CFDA number, and arnount of Recovery
Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished
tosubrecipients shall distinguish the subawards of incremental Recovery Act funds from
regular subawards under the existing program.
(d) Recipients agree to require their subrecipients to include on their SEFA information to specifically
identify Recovery Act funding similar to the requirements for the recipient SETA described above. "I'his
information is needed to allow the recipient to properly monitor SUbrecipient expenditure of ARRA funds,
as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government
ACCOLultability Office.
PART 11: STATE REQUIREMENTS
This part is applicable if the recipient is a nonstate entity as defined by Section: 2 15.97(2), Florida Statutes
In tile event the recipient expends $500,000 or more, in state financial assistance during its fiscal year, the
recipient must have a State single or project -specific audit conducted in accordance with Section 215.97,
Florida Statutes, applicable rules of the Deparu-nent of inancial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -prof it organizations), Rules of the Auditor General. 'file
recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract
manager. In the event the recipient expends less than S500,000 in State financiall assistance during its fiscal
year, the recipient agrees to provide certification to the Department's Single Audit Unit and its contract
manager that a single audit was not required. In determining the state financial assistance expended
during its fiscal year, the recipient shall consider all Sources of state financial assistance, including state
financial assistance received from tile Department of Children & Families, other state agencies, and other-
nonstate entities. State financial assistance does not include Federal direct or pass -through awards and
resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure
that the audit complies with the requirements of Section 2 15.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined, by Section 215.97(2), Florida Statutes, and Chapters,
10.550 or 1 O650, Rules of tile Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the department in effect during the audit period. Tile financial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
department shall be fully disclosed in the audit report package with reference to the specific contract
number,
CH 1O (12/14/2011) 41 Grant agreement i1KPZ27
PART III: REPORT SUBMISSION
Any reports, management letters, or other information required to be submitted to the department pursuant
to this agreement shall be Submitted within 180 days after the end of the provider's fiscal year or within 30
days of tile recipient's receipt of the audit report, whichever occurs first, Ajr€;tYy to each of the fol lowing
unless otherwise required by Florida Statutes:.
A. Contract manager 1"or this contract ( I copy)
B. Department of Children & Families ( I electronic copy and management letter, if issued
Office of the Inspector Genera I
Single Audit Unit
Building 5, Room 237
1317 Winewood Boulevard
Tallahassee, FIL 32399-0700
Email address: si gjq audivjr g
C. Reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and
required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB
Circular A- 133, as revised, by or on behall'of the recipient direct l to tile Federal Audit Clearinghouse
using the Federal Audit Clearinghouse's Internet Data Entry Systern at:
....... ......... tier . c.. .e.....nsu IS-.,..a,0.....r.v..TaC`Cqi I cc t/ddCjndc....,%......h....till. �
.
and other Federal agencies and pass -through entities in accordance with Sections .320(e) and (1),
OMB Circular A-] 33, as revised.
D. Copies of reporting packages required by Part 11 of this agreement shall be submitted by or oil behalf
ofthe recipient Llirectiy to the following address:
Auditor General
L,ocal Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
"fallahassee, Florida 32399-1450
Fmail address: _ flaudgen localgovt(�, aud.state,fl,us
Zn
Providers, when submitting audit report packages to the department fair audits done in accordance with
OMB Circular A-133 or Chapters 10�,550 (local governmental entities') or 10.650 (nonprofit or for -profit
organizations), Rules of the Auditor General, should include, when available, correspondence from the
auditor indicating [tic date the audit report package was delivered to them. When such correspondence is
not available, the date that tile audit report package was delivered by the auditor to tile provider must be
indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter
10.657(2), Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient 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 shallallow the department or its
designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient
shall ensure that audit working papers are made available to the department or its designee, Chief Financial
Ot'ficer or Auditor General upon request for a period of three years from the date tile audit report is issued,
unless extended in writing by the department.
C F 1120 (12/ 14/2011) 42 Grant agreement #KPZ27
ATTACHMENT 2
This Attachment contains the terms and conditions governiing the Provider's access to and use
of Protected Health Information and, provides the permissible uses and disclosures of protected
health information by the Provider, also called "Business Associate."
1.1 Catch-all definitions:
The following terms used in this Attachment shall have the same meaning as those
terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set,
Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy
Practices, Protected Health Information, Required by Law, Security Incident,
Subcontractor, Unsecured Protected Health Information, and Use.
1.2 Specific definitions:
1.2.1 "Business Associate" shall, generally have the same meaning as the term
"business associate" at 45 CFR 160.103, and for purposes of this Attachment
shall specifically refer to the Provider.
122 "Covered Entity" shall generally have the same meaning as the term "covered
entity" at 45 CFR 160.103, and for purposes of this Attachment shall refer to
the Department,
1.2.3. "HIPAA Ruiles"' shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164,
1.2.4. "Subcontractor" shall generally have the same meaning as the term
"subcontractor" at 45 CFR § 160.1103 and is defined as, an individual to whom a
business associate delegates a function , activity, service , other than in the
capacity of a member of the workforce of such business associate.
Section 2. Obligations, and Activities of Business AssociatZ
2A Business Associate agrees to:
2. 1 . I Not use or disclose protected health information other than as permitted or
required by this Attachment or as required by law;
2.12 Use appropriate administrative safeguards as set forth, at 45 CFR § 164.3,08,
physical safeguards as set forth at 45 CFR § 164,310, and technical
safeguards as set forth at 45 CFR § 164.312; including, policies and
procedures regarding the protection of PHI and/or ePHI set forth at 45 CFR
164.316 and the provisions of training on such policies and procedures to
applicable employees, independent contractors, and volunteers, that
reasonably and appropriately protect the confidentiality, integrity, and
availability of the PHI and/or ePHI that the Provider creates, receives,
maintains or transmits on behalf of the Department-,
21.3 Acknowledge that (a) the foregoing safeguards, policies and procedures
requirements shall apply to the Business Associate in the same manner that
such requirements apply to the Department, and (b) the Business Associate's
and their Subcontractors are directly liable under the civil and criminal
October 2014 43 Grant Agreement KPZ27
enforcement provisions set forth at Section 13404 of the HITECH Act and
section 45 CFR § 164.500 and 164.50�2(E) of the Privacy Rule (42 U.S.C.
1320d-5 and 1320d-6), as amended, for failure to comply with the safeguards,
policies and procedures requirements and any guidance issued by the
Secretary of Health and Human Services with respect to such requirements-,
21.4
Report to covered entity any use or disclosure of protected health information
not provided for by this Attachment of which it becomes aware, including
breaches of unsecured protected health information as required at 45 CFR
164,410, and any security incident of which it becomes aware;
2A.5
Notify the Department's Security Officer, Privacy Officer and the Contract
Manager as soon as possible, but no later than five (5) business days following
the determination of any breach or potential breach of personal and confidential
departmental data;
2.1.6
Notify the Privacy Officer and Contract Manager within (24) hours of notification
by the US Department of Health, and Human Services of any investigations,
compliance reviews or inquiries by the US Department of Health and Human
Services concerning violations of HIPAA (Privacy, Security Breach).
2,1.7
Provide any additional information requested by the Department for purposes
of investigating and responding to a breach-,
21,8
Provide at Business Associate's own cost notice to affected parties no later
than 45 days following the determination of any potential breach of personal or
confidential departmental data as provided in section 817.5681, F.S.;
2.1.9
Implement at Business Associate's own cost measures deemed appropriate by
the Department to avoid or mitigate potential injury to any person due to a
breach or potential breach of personal and confidential departmental data;
2.1,10
Take immediate steps to limit or avoid the recurrence of any security breach
and take any other action pertaining to such unauthorized access or disclosure
required by applicable federal and state laws and regulations regardless of any
actions taken by the Department �
2111
In accordance with 45 CFR 164.502(e)(1)(ii) and 164,308(b)(2), if applicable,
ensure that any subcontractors that create, receive, maintain, or transmit
protected health information on behalf of the business associate agree to the
same restrictions, conditions, and requirements that apply to the business
associate with respect to such information,. Business Associate's must attain
satisfactory assurance in the form of a written contract or other written
agreement with their business associate's or subcontractor's that meets the
applicable requirements of 164.504(e)(2) that the Business Associate or
Subcontractor will appropriately safeguard the information. For prior contracts
or other arrangements, the provider shall provide written certification that its
implementation complies with the terms of 45 CFR 164.532(d);
Z 1. 12
Make available protected health information in a designated record set to
covered entity as necessary to satisfy covered entity's obligations under 45
CFR 16'4.524;
2.1.13
Make any amendment(s) to protected health information in a designated record
set as directed or agreedi to by the covered entity pursuant to 45 CFR 164.526,
or take other measures as necessary to satisfy covered entity's obligations
under 45 CFR 164.526,
2A.14
Maintain and make available the information required to provide an accounting
of disclosures to the covered entity as necessary to satisfy covered entity's
obligations under 45 CFR 164.528;
October 2014
44 Grant Agreement KPZ27
2.1,15 To the extent the business associate is to carry out one or more of covered
entity's obligation(s) under Subpart IE of 45 CFR Part 164, comply with the
requirements of Subpart E that apply to the covered entity in the performance
of such obligation(s,); and
21.16 Make its internal practices, books, and records available to the Secretary of the
U,S. Department of Health and Human Services for purposes of determining
compliance with the HIPAA Rules,
g,ection 3. Permitted Uses and Disclosures by Business Associate
3.1 The Business associate may only use or disclose protected health Information covered
under this Attachment as listed below:
3-1 .1 The Business Associate may use and disclose the Department's PHI and/or
ePHI received or created by Business Associate (or its agents and
subcontractors) in performing its obligations pursuant to this Attachment.
112 The Business Associate may use the Department's PHI and/or ePHI received
or created by Business Associate (or its agents and subcontractors) for archival
purposes.
3. 1.3 The Business Associate may use PHI and/or ePHI created or received in its
capacity as a Business Associate of the Department for the, proper
management and administration of the Business Associate, if such use is
necessary (a) for the proper management and administration of Business
Associate or (b) to carry out the legal responsibilities of Business Associate.
11A The Business Associate may disclose PHI and/or ePHI created or received in
its capacity as a Business, Associate of the Department for the proper
management and administration of the Business Associate if (a) the disclosure
is required by law or (b) the Business Associate (1) obtains reasonable
assurances from the person to whom the PHI and/or ePHI is disclosed that it
will be held confidentially and used or further disclosed only as required by law
or for the purpose for which it was disclosed to the person and (2) the person
agrees to notify the Business Associate of any instances of which it becomes
aware in which the confidentiality and security of the PHI and/or ePHI has been
breached.
31.5 The Business Associate may aggregate the PHI and/or eP,Hl created or
received pursuant this Attachment with the PHI and/or ePHI of other covered
entities that Business Associate has in its possession through its capacity as a
Business Associate of such covered entities for the purpose of providing the
Department of Children and Families with data analyses relating to the health
care operations of the Department (as defined in 45 C.F.R. §164.501).
3.1.6 The Business, Associate may de -identify any and all PHI and/or WHI received
or created pursuant to this Attachment, provided that the de -identification
process conforms to the requirements of 45 CFR § 164,514(b).
3.1.7 Follow guiidance in the HIPAA Rule regarding marketing, fundraising and
research located at Sections 45 CFR § 164.501, 45 CFR § 164.508 and 45
CFI § 164.514.
October 2014 45 Grant Agreement KPZ27
Section 4. Provisions for Covered Entity to Inform Business, Associate of Privacy
Practices and Restrictions
41 Covered entity shall notify business associate of any limitation(s) in the notice of privacy
practices of covered entity under 45 CFR 164.520, to the extent that such limitation may
affect business associate's use or disclosure of protected health information.
4.2 Covered entity shall notify business associate of any changes in, or revocation of, the
permission by an individual to use or disclose his or her protected health information, to
the extent that such changes may affect business associate's use or disclosure of
protected health information.
4.3 Covered entity shall notify business associate of any restriction on the use or disclosure
of protected health information that covered entity has agreed to or is required to abide
by under 45 CFR 164.522, to the extent that such restriction may affect business
associate's use or disclosure of protected health information.
Section 5,. Termination
5,1 Termination for Cause
5.1.1 Upon the Department's knowledge of a material breach by the Business
Associate, the Department shall either:
5.1.1.1 Provide an opportunity for the Business Associate to cure the breach
or end the violation and terminate the Agreement or discontinue
access to PHI if the Business Associate does not cure the breach or
end the violation within the time specified by the Department of
Children and Families;
5.1.1.2 Immediately terminate this Agreement or discontinue access to PHI if
the Business Associate has breached a material term of this
Attachment and does not end the violation; or
51.1.3 If neither termination nor cure is feasible, the Department shall report
the violation to the Secretary of the Department of Health and Human
Services.
52 Obligations of Business Associate Upon Termination
5.2.1 Upon termination of this Attachment for any reason, business associate, with
respect to protected health information received from covered entity, or
created, maintained, or received by business associate on behalf of covered
entity, shall:
521.1 Retain only that protected health information which is necessary for
Business Associate to continue its proper management and
administration or to carry out its legal responsibilities;
5.2.1.2 Return to covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the remaining protected health information that the Business
Associate still maintains in any form;
5,2.1,3 Continue to use appropriate safeguards and comply with Subpart C of
45 CPR Part 164 with respect to electronic protected health
October 2014 46 Grant Agreement KPZ27
information to prevent use or disclosure of the protected health
information, other than as provided for in this Section, for as long as
Business Associate retains the protected health information.,
5 . 2.1.4 Not use or disclose the protected health information retained by
Business Associate other than for the purposes for which such
protected health information was retained and subject to the same
conditions set out at paragraphs 3. 1 .3 and 3. 1 .4 above under
"Permitted Uses and Disclosures By Business Associate" which
applied prior to termination; and
521.5 Return to covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the protected health information retained by business associate when
it is no longer needed by business associate for its proper
management and administration or to carry out its legal
responsibilities.
5,2.1.6 The obligations of business associate under this Section shall survive
the termination of this Attachment.
6.1 A regulatory reference in this Attachment to a section in the HIPAA Rules means the
section as in effect or as amended.
&2 The Parties, agree to take such action as is necessary to amend this Attachment from
time to time as is necessary for compliance with the requirements of the HIPAA Rules
and any other applicable law.
6.3 Any ambiguity in this Attachment shall be interpreted to permit compliance with the
HIPAA Rules.
October 2014 47 Grant Agreement KPZ27
Attachment - —1
I
41 A
AW Z-4 gig
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 iinfl!uence an officer or an employ
of any agency, a member of congress, an officer or employee of congress, or an employee o
a member of congress in connection with the awarding of any federal contract, the making o
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement,, and the extension, conti�nuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
funds other than federal appropriated funds have been paid or will be paid to any pers
for influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans and cooperative aglreements,) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,0010 and
not more than $100,000 for each such failure.
Signature date
Roman Gastesi- County Administrator — KPZ27
Name of Authorized Individual Application or Contract Number
M de
0 0 0 INO•
0 A W"i
I WRIMM MM
MUL811
Address of Organization
CF 1123. PDF 03/96
q,Jjwflt L�,,J �
Contract No, KPZ14
CFDA No, 14.2-31 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANbX,0D`&bNTR,11,T FULLY
Families, hereinafter refe"'ed to as the AVvaP4
Flohda Department of Children and
THIS CONTRACT is entered into between the V,
ent arid Provider agree as follows: vf—
hereinafter referred to as the llprovlder�. The Depirtm
-neless or about to be
the purpose of providing financial zissistance to persons. who are hor -eports, findings,
Provider for tasks and provide units. of dchverables, including
Purpose� The Department is engaging trip
s further described in Attachment i hereto. The Provider shall perfonn all tas
homeless, a s contract, These deliverables must be received and accepted by the contract manager in writing prior to payment, subject to
and drafts, as specified in this pfocurement document, if any, or governing law,
subsequent audit and review and to the satisfaction of the Department. Unless otherwise provided in the
the Department reserves the right to add services, that are incidental or cornp[urnentary to the original scope of services.
TI,is cotract sal be effective on July e lasdate executby a party, wichever is ate, Te
2. Effective and Ending Datesecotivethdatet of this contracted , whichever ishlater, arid shalllrendhat midnight,
performanc
;e period under this contractishatlncommhencelon July 1, 2014, or1the eff
Eastern time, on June 30, 2015, subject to the survival of ten-ns provisions of Section 33.j hereof. rovider on and after the effective date of this, contract
The Department sh0 pay for contracted services performed by the P
3. payment for Services. $76,5,98,00, or the rate sclhedLfle, subject to the availability of ftmds and
according to the terms and conditions of this contract of an annount not to exceed under this contract is contingent Lipon an
vider. The State of ender
and obligation to pay
satisfactory performance of It
terms by the Pro y other contract or from any other source are not eligible for Payment
annual approp6ation by the Legislature. Any costs or services paid for under an
under this contract. in accordance with er thwith e terms and conditions specified in this contra,ct lnclud�ng its,
4. Contract Document„ The Provider shall provide services uments Incorporated by reference, which contain ail the
attachments, lil & IV, and any exhibits referenced in said attachments, togethany doc
terms and conditions agreed upon by the parties. The definitions found in the Standard Contract Definitions, located at
tractTernnspdf are incorporated into and made a part of this contract, The PUR 1000 Form
http:J/www.dcf.state,ft.us/admen/cofitracts/docsiGiossaryofCon Q
f this contract, Sections 1A., 2-4, 6, 8-13, 20, 23, 27 and 31 of the PUR 1000 F rm are not
(I 006 version) is hereby incorporated into and made a part o n the PUR 1000 Foml and any other lerms or conditions of dais contract, such other terms or'
applicable to this contract- in the event of any conflict between
conditions shall take precedence over the FUR 1000 Form.
5. Compliance with statutes, Ru,les and Regulationsin perlormlng its obligations under this contract, tf�e Provider shall withoLlt exception be aware
of and comply with all state and federal laws, rules and regulations relating to its performance under this contract as they may be enacted or amended
from time-to-tirne, including but not limited to those described in section 35 of this contract
6. official Payee and Party Representatives
a. The Provider's name, as shown above, and r-nailing, address of the
official payee to whom the payment shall be made are:
- Monroe County —
Name.
d eat
Address� 50OWhteiea Street
Zip Cade:33040
City- Key West. �Wte:
Phone: 305-294-4041
ext:
b--the name -- -- the contact — - - so, ancda,]d—,e;s,kel,ph,ne, arid e..
mail address where financial and administrative records are
rnaintained are:
Name: Sheer —, A 00 Simonton reet
,Name St
Eiiy-. Key West State FL Zip Code:3304TC
Phone: 305-292-4510
ext:
,-�; �Fl: 67ov
c, The name, address, telephone number and e-maii address of the
contract manager for the Department for this contract m
Name: Theresa Phelan
12Street.._.
Statc� FL Zip Code, Pho ne: 305-293-6350
exit :
le
nfLl, tri
d. The name,. address, telephone number Id e-�all of the
representative of the Provider responsible for administration of the
program under this contract is:
Narne: Sherl Graharn
TkR6Fe�i,7-1100 Simonton Street
ip
Phone: 205-292-4510
exit:
e-mail.grahamShjWa( rnonroecaunty-fl'TO
ddresses, telephone numbers or e-mall addresses') by' either party, notice shall be provided in writing to the
Upon change of representatives (names, a
other party and the notification attached to the originals of this contract. authorized by the Department to clients,
and copy any
7. inspections and Corrective Action. The Provider shall pennit all, persons who are duly and to inkerview any clients, employees and
wts, facilities, goods and services of the Provider which are relevant �o this contract,
records, papers, docurne isfactory performance of the terms and conditions of this contract, Following
subcontractor employees of the Provider to assure the Department of the sat
the Provider a written, report of its findings. and mi,ay direct the development, by tile Provider, of a corrective
such review, the Department wall deliver to
action plan where appropriate. The Provider hereby agrees to bmely correct all deficiencies identified in the Department's written report. This provision
will not limit the Department's termination rights under Section 30.
Independent Contractor, Subcontracting and Assignments. ing in th�-, capacity of x, independent contractor and not as
In perlorming its obiigations under this contract, the Provider shall at all times be act
a. except where the Provider is a state agency, Neither the Provider nor any of it's agents,
an officer, employee, or agent of the State of Florida,
employees, subcontractors or assrgrriees shall represent to otiners that it is an agent of or has the authority to bind the Depart'nent by virtue of this
cifically authorized in writing to do so. This contract does not create any riight �n any individual to state refirernent. leave beriefits
contract, unless sPe . The parties agree that no joint
or any other benefits of state emp�oyees as a result of performing the duties or obligations of this contract
I V — (I LJCcanatract,PZ14
CP Standard Cor')Iract 06/20,13
employment is intended and that, regardless of any provision direcbrig the manner of provision at services, tris provider aluQ lLb aUU� V'
be responsible for the supervision, controi, hiring and firing, rates of pay and terrns and conditions Of e;rnpjoyrnont of their own employees.
b. The Provider shall take such actions as may be necessary to ensure that It and each subcontractor of the Provider wifl bed
deemed to be an
independent contractor and will riot be considered or permitted 4o be an officer, ernployee, or agent of tile State of Florida. Te DepartmentwiH not
ice, secretarial or clerical SUPPOrt) to the Provider, or its subcontractor or
furnish services of support (e.g., office space, office supplies, telephone sery cal security, withholding taxes, income taxes,
agents,
assignee, unless specifically agreed to by the Department in this contract. All deductions for so,
contributions to unemployment compensation funds and all necesary insurance for the Provider, the Provider's officers, employe
subcontractors, or assignees shall be the sole responsibility of these rovider, ,
c, The Provider shall not assign the responsibility for this contract to another party without prior written approval of the Departinentupon the
Department's sole determmabloin that such assignment will not adversely affect the piubiic interest;, however, in no event may the Provider assign or
into any transaction having the effect of assigning or transferring any right to receive payment under this contract which right is not condiboned
enter assignment, or transfer otherwise occurring without Prior aPi
on full and faithful performance of the Provider's cluties hereunder- Any sublicense, ct without prior written
of the Department shall be null and void. The Provider shall not subcontract for any of the work contemplated under tills contra
approval of tile 0epartmeril, which shaH not be unreasonably withheld, n whole or part, its rights, duties, or obligations under this contract to
d, The State of Florida shall at all: times be entitled to assign or transfer, n
another governmental agency in the State of Florida or to a provider of the Department's selection, upon giving phor written notice to the Provider. In
the event the State of Florida approves transfer of the Provider's obligations, the Provider remains responsible for all work performed and all
expenses Incurred in connection with the contract. This contract shall remain binding upon the lawful, successors in interest of the Provider and the
Department.
e. To the extent permitted by Florida Law, and in compliance with Section 8.c., the Provider is responsible for all work performed and for all
commodibes, produced Pursuant to this contract whe0ler actually furnished by the Provider or by ifs ;subcontractors. Any subcontracts shall be
evidenced by a written document. The Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any
reason relating to this Contract.
f. The Provider shall include, in all subcontracts (at any tier) the substance of all clauses contained In this Standard Contract that mention or
describe subcontract compliance. nt from the Department, the Provider shall make
To the extent that a subcontract provides for payment after Provider's receipt of payme
9� t of full or par-Cial payments from the Department in accordance with section
payments to any subcontractor within seven, (7) working days after recelp
287.0585, Florida Statutes; (F,S,), unless otherwise stated in the contract between the Provider and subcontractor. Failure to pay within seven (7)
vider and paid by the Provider to the subcontractor in the amount of one-Inalf
working �days will result m a penalty that shall be charged against the Pro ion, to actual
of one percent (.5%) of the amount , t due per day from the expiration of the period allowed for p.�yrnent. Such penalty shall be in addit
payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due.
s, except that the phrase "arising from or relating to personal injury and
9, Provider lndemnity. Section 19 of PUR 1000 Form shall apply per its term damage to real of personal tangible property" In the with "arlsing out of or by reason of the execution of this contract or arising
first paragraph is replaced
from or relating to any alleged act or omission by the Provider, its agents, employees, partners, of subcontractors in relation to this agreement," ands the
following additional terms will also apply:a. se it is not reasonaNyroduct able to modify that product or secure the Department the right to
moves an infringing product because -e
If the Provider r continue to use that product, the Provider shall immediately replace that pwill' a non -infringing product that the Department determines to beat
equal or better functionality or be liable for the Department's cost in so doing.
b, Further, the Provider shall indemnify the Department for all costs and attorneys fees arising frorn or relating to Provider's claim that a record
contains trade secret information that is exempt from disclosure or the scope of the Provider's redaction of the record, as provided for under Section
including, litigation initiated by the Department-
26.c., ino of notice. Only an
The Provider's inabjiry to evaluate liability of its evaluation of liability shall not excuse its duty to defend and indemnify after receipt
adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the Provider of performajjce Wider this
the Provider for the cost of its defense. ff the Provider is an agency or
provision, in which case the Department shall have no obligation to reirinbur'se section 768.28, F.S. or
subdivision of the state, its, obligation to indemnify, defend and hold harmless the Department shall be to the extent permitted by
other applicable law, and without waiving the limits of sovereign immunity, u4ng the existence of this contract and any renewal(s) arid
10. trisurance, The Provider shall maliltain continuous adequate liability inWranCe coverage d
35 defined by subsection 768.28(2), F.S,, by execution of this contract, the
extension(s) thereof. With the exception of a state agency or subdivision,
Provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial
protections for the Provider and the clients to be served under this contract. The hrillts of coverage under each policy maintained by the Provider do not
limit the Provider's liability and obligations under this contract_ Upon the execution of this contract the Provider shall furnish the Department written
verification supporting both the determination and existence, of such insurance coverage. Such coverage may be provided by a self-insurance program
established and operating under the laws of the State of Florida. The Department reserves, the right to require additional insurance as specified in this
contract. against them or potential actions such as lawsuits, related
11. Notice of Legal Actions, The Provider shall notify the Department of legal actions taken
to services provided through this contract or that may impact the Provider's ability to deliver the CoritraCtUal services, or adversely impact the Department,
The Department's contract manager will be notified within 10 days of Provider becoming aware of such actions or from the day of the legal filing, whichever
comes first. Provider and any subcontractors shall, in acrordance with
12. Client Risk Prevention, If services to clients are to be provided under this contract, the
the client risk prevention system, report those reportable situations fisted in Department of Children and Families Operating Procedure (CFOP) 215-6 jr, qie
manner prescribed in Cf-OP 215-6, The Provider shall, immediately report any knowledge or reasonabie suspicion of abuse, neglect, or exploitation of
child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll free telephone number (i _800-96ASUSE). As required by Chapters
39 and 415, F.S., this provision is binding upon both, the Provider and its employees. include tile physical care or supervision of clients, the
13. Emergency Preparedness Plan. If the tasks to be performed pursuant to this contract
shall, within thirty (30) days of the execution of this contract, submit to the Contract manager an emergency preparedness plan wh�ch shall 41clUde
b r $ 0 clients, in substitute care, supplies, and merger
plan ti-at will allow the Provider to
rovisions. for records protection, alternative accornmoda 0 ) for
conti:nue functioning in corripliance with the executed contract in the event of an actual emergency.
CF Standard, Contract 06'l2013 2 Contract FtPZ`14
s under tile liunsm�uon ui c� -5pull—luY
a. For the purpose of disaster planning, the term supervision includes a child who I,
remain in their homes, be piaced planning,
nori-licensed relativalrion-rela Live home, or be placed in a licensed foster care setting.
nce of a plan and every tweve (12) months thereafter, the Provider alb
b, No iater than twelve months, following the Department's original accePia t that no modificatiolls were found
submit a written cerlific,91JOn that �t has reviewed its plan, along with any modifications to the plan, or a stakernen
necessary. agrees to respond in writing within thirty (30) days of receipt Of the original or updated plan, accepting, rejectlng, or requesiiing
c Tile Department
t of an emergency, the Department may exerc�se oversight authority over such Provider in order to assure impienlentation
In the even
modificafions
of agreed emergency relief PrOVislOrs-
inventions, wri Uen or eiectronicaHy created materials, including manuals,
14� Intellectual Property, it is agreed tot all intellectual property, 4r's performance under this contract, and the performance of all of its
presentations, films, or other copyrIghtable materials, arising in relation to provide r the benefit of the Departillent, fully compensated for by the contract
ctors in relation to this contract, are works for hire fo, anyinterest In any intellectual property rights accruing
officers, agents arld subcontractors f its officers, agents nor subcontr@CtOM may claim rtment shafi have exclusive rights to all data processing
amount, and that neither the Provider nor any 0 ci caily agreed that the Depa of or as a result of work or services, pc under or in connection with the performance of this contract. It is spe fi, rformed under
arises or is developed in Ole course
saffivare falling within, the terrns of section 1, 19 . 084, F.S , which,g the foregoirT9 provision, if the Provider is a university and a member of the State
this contract, or in any way connected herewith, Notwilthstandin
University System of Fionda, then section 100413, F.S-, shall, apply- f its employees, agents or corAractors, any design, device, or materiais
a. if the Provider uses or delivers to the Dep irtment for its use or the use 'ePt as to those items sPeciflcally listed in the, Special Provisions
covered by letters, patent, or copyright, it is MtUaliy agreed and understood othat, exo :iies or costs arising from ruse'
of
, having specific limitations, the compensation paid pursuant to this contract inc4,ides all roYa "use' shall
of Attachment I as e work contemplated by this contract, Forpurposes of this provision, the term
such design, device, or materials in any way involved in th and use by the Department its employees, agents or contractors during the term of this
inciurip use by the Provider during the term of this contract
contract and perpetually thereafter. reserves all patent rights with respect to any discovery or
b, All applicable subcontracts shall include a provisilon, that the Federal awarding agency its
inventior is developed [1-1 the course of of' under the subcontract. Notwithstanding tile foregolng pr;visin, if the Provider or one of
i that arises or section 1004-23, F.S., shall apply, but fl-re Department
subcontractors is a university and a rnember of the Stake University System of Florida, then -adernarked
shall retain a perpetual, fully -paid, nonexclusive license for }its use and the use of its contmotors of any resulting patented, copyrighted or tr
work products. a ents to real property are contingent upon the Provider granting to the state
15,. Real Property. Any state funds provided for the purchase of or improv m
a sectinty interest in the property at 'least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of
n of receipt of state funding for this purpose, tile Provider agrees that, if it disposes of the
the improvements or as further required by law, As a conditio hare of the state's Initial invesliment, as adjusted by
property before the Department's interest is vacated, the Provider will refund the proportionate s
depreciation. wilt riot, witriout Prior Departmental written consent in ear-h
16, Publicity. Without limitation, the Provider and its ernployees, agents, and representatives mark, the nameof the State or any state
instance, use in advertising, publicity or any other promotional endeavor any State mark, the nan-pe of the State's r indirectly, that any product or service
- affiliate or anY Gfficer- or employee of tile Stake, ol"any state program or service. or represent, directly 0
agency oi he State, or refer to the existence of this contract In press releases, advertising or materials
rovided by the Provider has been approved or endorsed by t
omens.
3tributed to the Provider's prospective cos ton
e Provider is a nori-goverrimerital organization which sponsors a program financed wholly or
17. Sponsorship. As required by section 2B6.25, 173,, if th In publicizing, advertising, or describing the sponsorship oif the program
in part by State funds, including any funds obtained through this contract, it shall,onsorship reference is in written matedai,
"Sponsored by �Provlder's narne) and the 13tate of Florida. Department of Children and Farnflies". If the sp,
state- hildren and Families' shall appear in at least the sarne size ietters or type as the nan-Le of the organization,
the words "State of Florida, Department of C that it wiH not offer to give or give any gift to any Department employee. As pail of the consideration for this
18, Employee Gifts, The Provider agrees contract for a period of two years - In addition to any other rem ed[es available to the
contract, the parties Intend that this provision will survive the r's name arid description of the violation of this term to the Department of
Department, any violation of this provision will resuit in referTai of the Provide
Management Service$ for the Potential Inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure
that its subcontractors, if any comply with these provisions xpenses in, sufficient detail for proper pre -a udit and
19. ln:voices. The Provider shall submit bills for fees or other corfade
ipensation for services or e L el expenses in accordance
post -audit. Where itemized payment for travel expenses is Permitted in this contract, the Provider shali submit bills for any rav
with section 112.061, F,S,, or at such lower rates as may be provided in this contract. fter the contract ends or Is terminated. If
epartment no wiH not honmore 45 days a
20. Final Invoice. The final invoice for payment shall be submitled to the -nent or anythan requests submitted after the aforesaid time period.
the Provider falls to do so, all rights to payment are forfeited and the DeparttD
Any payment due under the ternis of this contract may be withheld until all repoils due from the Provider arid necessary adjustments thereto, have been
approved by the Department. the minimum level of service or performance identified in this contract, or that Is customary for
21, Financial Consequences, ff the Provider falls, to meetate with the deficiency. Financial consequences May include but are not hirnrted
the industry, the Department will apply financial consequences coimmensur s
until deficiency is cured, tendering only partial payments. applying liquidated damages to, the extent that this
to refusing payment, withholding payments s per Section 29, termination of contract per Section 30 and requ�sition of services from an alternate source
contract so provides, imposition of penalkle hich evidence is subsequently determined to be erroneous, wiII be
Any payment made in reliance on the Provider's evidence of performance, W
imm edlateiy due as an overpayment in accordance with Section 22, to the extent of such error,
aynneints due to unearned funds or funds disallowed that were disbursed to
22, Overpayments. The Provider shall return to the Department any overP a
the Provider by the Department and any interest attributabie to such Junds pursuant to the onns and conditions of this oontract, In the eventth ttile
Provider or its independent auditor discovers that an overpayment has been made, the Provider shafl repay said ovprpayment immedialdy without pnor
notification from the Departm ent. In the event that the Department first discover$ an oveirpaym ent has been made, the con tract manager, on behalf of the
ment riot be made forthwith, the Provider will be charged interest at the lawful
I)epartment, will notify the Provider by letter of such fin6ngs- Should repay . Payments made for services subsequently determined by
e have the right to offset or . . . ... .. -ned overpayrnents� The Department shall h
outstanding balance after Department notification or Provider disc v r
_-te of interest on the
compliance with contract requirements shall be de&
the Department to riot be in full co Contract !�PZ14
3
CF Standard Contract 06/2013
deduct frorn any amount due under this contract at any time any amount due to the Department from the Provider unoer tnis or any outer UUM11AW U,
agreement and payment otherMse due under this contract wilt be deemed received regardless of such offset.
., the Department has five (5) working days to inspect and approve goods and services.
,tion 215.422, F,S I , I -e providers for hospital,
23, Payment on invoices. Pursuant to se With the exception if payment, to health bare
purchase order, or Inis contract specify otherwise,
uniess the bid specIfications, within forty (40) days, measured frorn the [attar of the date a properly completed invoice
medicaC, or other health care services, if payment is not available received, inspected, and apprrrnoved, a separate interest penalty set by the Chief Finn ndal
us received by the Department or the goods or services are tal rned�,
F,S., will be due and payable In addition to the invoice arriount, Payments to health care providers for hospi ,
than thirty-five (35) days firorn the date eligibility for payment is determined- Financial penalfies wH1
f wen pursuant to section 55
shall be made not inore r nt
gR,n%p';Ptner health care services, pail�ation errors wiil result in a non -interest bearing paym:e
0 en
cakculsrted at the daily interest ralte of.03333%. invoices retUrned to a Provider due to pre
delay. Interest penalties less than one (1 ) dollar will not be paid unless the Provider requests Payment Payment shall be made only upon? writt
acceptance by the Department and shall remain Subject to subsequent audit or review to confirm contract compfiance.
24, Vendor Ornbudsiman. A Vendor Dmbudsman has been established within the Dement
epaassist
Financial Serv)ces, The duties of this office are found
a e[ativ t pt payment and assisting vendors In rec�,ivinq their p lyrnents in a limely
in section 215,422, F,S., which include disserninatIng information r , , e 0 prorn
manner from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516,
25. Records, Retention, Audits, Inspections and Investigations,
,a, The Provider shall establish and maintain books, records and documents (including eiectromc storage media) sufficient to reflect all income and
expenditures of funds provided by the Department under this contract statitical records, and any other nd docurnentsretained (,includinga electronic
b, Retention of 0 client records, firandal records, supporting documents, for period of six (6) years
storage inedia) pertinent to urns contract shall be maintained by the Provider durinsg the term of this contract a all be retained for a
law. the event an audit is requirebriis contract, sh
after completion of the contract or longer where required by indd in undergs or litigation based and
the terms of this contract,
minimum period of six (6) years after the audit report is iSSUed or In until restitution aft any audit f
at no additional cost to the Department. nt, the Provider will facilitate the duplicabon and, transfer of any records or documents
C. Upon demand, at no additional cost to the Departne
during the term of this contract and the required retention period in Section 25,b, inor audit by Federal,, State,, or other personrid duty
d. These records shall be made available at all reasonable tirnes for inspectiM, review, copyg,
authorized by the Department.
tirne�, for as �ong as records are maintained, persons duly aLithorized by the Department and Federal auditors, Pursuant to 45
e. At all reasonable acts and related records and documents,
CFR, section 92,36(i)(10), shall be ail�owed full access to and the 6ght to examine any of Provider's contr
regardless of the form in which kept..o the Department as specified In this contract and in Attachment 11,
f- A financia� and compliance 81Udit shall be provided t udits deemed necessary by The Office
9. The Provider shall comply and cooperate immediately with any insPeotjOnS, i'eviews, investigationsor a
of the Inspector General (section, 20-055, F.S.). op of any of the �oregolng inspections, reviews, copYil"fJ, transfer's or
h. No record may be witht reld nor may the Provider attem pt, to fim it khscore
sc e
m public inspection or is confideritial, proprietary or trade secret in nat)re; provided, however,
audits based on any claim that any record is exempt from
ration or copying to any suct,� record�
that this provision does not limit any exempfiori to public inspe
to all, docurnents, papers, letters, or other public records as defined in subsection
26- Public Records, The Provider shall aliow public access � ii
-S., made or received by the Provider in conjunction with this contract except that PL b c records
11 9.01 1(12), F.S. as prescribed by subsection 11 9.07(l) F
which are made confidential by law must be protected from disclosure. Itis expressly understood that the Provider's failure to comply with this provision
shall constitute an irnmediate breach of contract for which the Department may unilaterally terminate the contract
a. Unless exempted by law , all public records are subject to public inspection and copying under Florida's Public Records Law, Chapter 1 119, F,S-
exlinformation contained in Provider's documents (reports, deliverab es or
Any clairn by Provider of trade secret (proprietary) confidentiality for any M be waived, unless the Glairried confiidenti,aN information is
workpapers, etc— in paper or electronic form) submitted In connection with this contract W
submillted In accordance with Section 26.b, ocunients, data, or records submitted that it considers exempt from, public Inspection or
b. The Provider rriust clearly label array portion of the d include a justification Citing spe I t
disclosure pursuant to Florida's Public Records Law as trade secret, The labeling wilt inc cifid statutes and facts 0 a
[os�3re. ff different exemptions are claimed to be applicable to different portions of the
authorize exemption of the infOrMation from public disc fon correlating the natLge of the claims to the particular protected information,
protected information, the Provider shall include informa ments submitted by the Provider, may require the
C. The Department, when required to comply with a public records request Including d dance with Section 26.b. Accompanying the
Provider to expeditiously submit redacted copies of documents marked as trade secret inocuaGcor
submission shall be an updated version of the JUstification under Section 26.b, correlated specifically to redacted intormatin, either confirrning that
fly asserted rem ain unchanged or indicating any changes affecting the baths form roserted exemption from
the statutory and factual basis origi�na st exclude or obliterate only those exact portions that are ciaimed to be trade secret If (lie
public inspection or disclosure. The redacted copy mu authorized to produce the records sought without any redaction of proprietary or
Provider faiis to promptly submit a redacted copy, the Depar-tirnent is ut
trade secret information. of the redactions of trade secret informabon, are exempt
d. The Provider shall be responsible for defending its daim that each and every portion
from inspection and copying under Florida's Public Records Law,
27, Client Information. The Provider shall not use or disclose any infortnation concernmg a recipient of services under this contract for any purpose
prohibited by state and federal laws, rules and regulations except with the writteil consent of a persor, legally authorized to give that consent or when
authorized by law.
28, Data Security, The, Provider shall comply with the following data security requirements,
Contract KPZ14
4
CF Standard Conti -act 06/2013
a. An appropriately skilled individual shall be identified by the Provider to lunon as its Data Securfty officer. The attic
UMCer sn,all ac�
as the liaison to the Department's security staff and wfli njaintain an appropriate jeve� its security for the information the Provider is collecting or
using in the; performance of this contract. An appropriate level of security includes approving and tracking all Provider employees that requestor
e access to the data systeim or information
have access to any Departmental data system or infiorrnation. The Data Security officer will ensure that user C
Naas been removed from all terminated Provider employees. reriess training to its staff and subcontuactors who have access to departmentai
b. The Provider shall provide the latest Departmental security aw@
. .. . .... . information:.
a soapy' of CFOP 50-2, and shaU sign
,partm ental jr�form ation, shall comply with, and be provided c. All Provider employees who have access to �dc
the DCF Security Agrev-rent Form CF 0114 annually- A copy of Form CF O'l 14 may be obtained frorn the contract manager.
The Provider shall make every effort to protect and avoid unauthorized release of any personal or confidenfial information by ensuring both data
& scribed in CF0P 50-2, If encryption of these devices is not possibie, then the Provider shall assure that
arid storage devices are encrypted as pre
unencrypted personal and confidential departmental data will riot be stored can unencrypted storage devices. The Provider shall require the sarne of
afl subcontractors. s soon as possVe, but nolater than five �5) working days foi[owing the determination of
e- The Provider agrees to notify the contract manager a data. The Provider, shall require the same notification requirements of all
any breach or potential breach of persor4 and confidentiai departmeintal
subcontractors- provide notice: to affected parties no later than forly-five (45) days following the determination of an;y potential
1� The Provider shall at its own cost P provided in section 817.5681, F.S. The Provider -,hall require the same notification
breach of personal or confidential departmental data as a t impiement rneaSUres deemed appropriate by the Department to avoid Of
requirements of, all suboontraotors. The Provider shall 1�so t its own Cos
mitigate potential in�ury to any person, due to a breach or potential breach of personal and confidential departmental data
29, Financial Penalties for Failure to Take Corrective Action.
a. In accordance with the provisions of subsection 402Y30), F.S,, and Ruie 65-29.001, Florida Administrative Code (F-A.C-), corrective action
plans rriay be required for noncompliance, nonperformance, Or Unacceptable performance under this contract. Penalties may be imposed for fail' IT s
to iimplement or to make acceptable progress on such corrective action plans. s that extenthe uating need circuforrnstances,corrective exist, shalI be Tbased
b. The increments of penalty imposition that shall apply,
unless the Department deter,
generated tion plan. he
upon the severity of the noncompliance, nonperformance, or unacceptable performancac
penalty, if imposed, shO not exceed ten percent (10%) of the total contract payments during the period in which the corrective action plan has riot
been impiemented or in which acceptable progress toward impiernentation has not been made, Noncompliance that is detennined to have ehas �ch
tion of a ten percent (10%) Penalty of file total contract payments during the period in wh
effect on spent health and safety shall resuft in the impos
the corrective action plan has not been implemented or in which acceptable progress toward impleme ritation has not been made.
G, Noncompliance involving the provision of service riot having a direct effect on client health tads
halls
in the imposition Of a five
percent (5%) penalty, Noncompliance as a result of unacceptable performance of administrative tasks shall result In the imposition of a two percent
(2%) penalty.
penalties. in the event of nonpayment the Department may
stated in the Order, imposing the financial
d , The deadline for payment shafi be as sta
deduct the amount of the penalty from invoices submitted by the Provider,
3,0. The Following Termination Provisions Apply to this Contract: be terminated by the Department without cause upon no Ness than tHrty
a. In accordance with Section 22 of PUR 1000 Form, this contract may
(30) calendar days notice in writing to the Provider unless a sooner time is rimituaUy agreed upon in writing.
b. in the event funds for payrnent PLV'SuantProvider. The Department shall be to this contract becomes unavailablethe finai autho, the Department ity as mayto the termiavanatielability this conand adequacy tract upon no less than
kwenty-four (gal) hours notice in writing to the rOff'UndS,
C. In the event the Provider falls to fully cornphy with the terms and conditions of this contract, the DepaProvider rtment May terms' sfailure ate
the cto ontract upon
such
no
less than twenty-four (24) hours (excluding Saturday, Sunday, and Holidays) notice in we ling to the after Profully
noncompliance within the time specified in a written notice of noncornpiiance issued by the Department sPocifYing the nature of the noncornpliance
In addition, the Department may employ the default provjs�ons in Rule 60A-1.006(3), F�A.C�,
and the actions required to cure such noncompliance. ntract, The Department's failure to demand performance of any provision of this contract shall
but is not required to do so in order to terminate the co r of any one breach of any provision of tflis contract shall not be deemed to be
not be deemed a waiver of sur-11 perforrnance. The Department's waive Ifi a ion o e terms and conditions of this contract. The provisions
waiver of any other breach and neither event shall be construed to be a mod c t f the
herein do not limit the Department's right to remedies at law or in equity. her contract with the Department in a manner satisfactory to the Department
d, Failure to have performed any contractual obligations under any other
wfll be a sufficient cause for termination, To be terminated as a Provider under' this provision, the Provider njust have� (1) previmsly failed to t he
satsfactorily perform in a contract with, the Department, been notified by the Department of the unsatisfactory performance, and faired to correct t
unsatisfactory performance to the satisfaction of the Departrnent� Or (2) had a contract terminated by the Department for cause. Termination shail be
upon no less than twenty-four (24) hours jjoticE-
, in writing to the Provider.
All notices of termination provided Linder this Section shalt be in writing and sent by U-S, Postal Service or any other delivery service that provides,
verification of delivery or by hand delivery. In the event of terminatior, under paragraphs a. or b., the Provider will be compensated for any work
satisfactorily completed. rids and service commences under a tiew contract.
31. Transition Acfivflties, ContinUity Of service is cnticW when service under this contract e is contract, the Provider shall complete oldAccordingly, when service will continue through another provider upon the expiration or earlier terrnination of th
actions necessary to smoothly transition service to the new provider. 'The Provider shall be required ton
o support an orderly tranition to the next provider no
eater than the expiration or earlier termination of this contract and shall support the requirements for transition as specified in ash partment-approved
Plan. Such activities MI be without additional compensation and will include consultation on the resources needed to support transition,
Transition
a transition r
"nanager, the ca
h racteristics of transactions, data and file transfer.
Contract KPZ14
CF Standard Contract 06/2013
32. Dispute Resolution. Any dispute concerning performance of, the contract or payment hereunder shafl be decided by the ueparimem 6 t.;U111,1dut
manager, who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within twenty-one
(21) caiendar days from the date of receipt of the contract manager's decision, the Provider delivers to the contract manager a petition for alternative
dispute resolution, After receipt of a petition for alternative : dispute resolution the Department and One Provider shall attempt to amicably res6ve the
dispute through negotiations, Tirrieiy delivery of a petition for alternative dispute resolilnion and completion of the negotiaton process shall be a con6tion
precedent to any jr--gal action by the Provider concerning this contract, After timely delivery of a petition for alternative dispute resOlUtion, the parties may
employ any dispute reSOILitiOn procedures described in the Attachment I or other attachiment, or mutually agree to an alternative binding or nonbinding
ute resolution process, the terms of which shallbe reduced to writing and executed by both parties. Completion of such, agreed process shall be
gotiatio�n process. This provision shalt not lirnit the parties' nights of tei,immation under Section
med to satisfy the requirement for completion of the ne
'Jib,
33- Other Terms municaficris between the parties regarding this contract may be by any comi-nerciafly
a, Except where otherovise provided in this contract, com except for notices o� terrniriation per Section 30, such communication
reasonable means Where this contract calis for communication, in writing,
includes email, and attachments are deemed received when the email is received.
b. This contract is executed and centered into in the Stake of Florida, and shali be construed, performed and enforced in MI respects in accordance
with Florida law, WjffiOUt regard to Florida provisions for conflict of: iaws. Courts of competent jurisdiction in Florida shall have exclusive jurisdiction in
any aciian regarding this contract and venue shall be in Leon County, Florida, Unless otherwise provided in Attachment I or in any amendment
hereto, any amendment, extension or renewal (when aLahorized) may be executed in counterparts as provided in Section 46 of the P'UR 1000 Form,
c- Articles which are the subject of or are required to carry out this contract shall be purchased from Prison Rehabilitative industries and Diversified
Enterprises, Inc,, (PRIDE) identified under Chapter 946, F.&, in the same manner and under the procedures set forth in subsections 946-515(2) and
(4), F.S. For purposes of this contract, the Provider shall be deemed to be substituted for the Department insofar as dealings with PRIDE. This
clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be
obtained by contacting PRIDE at (800) 643-8459.
J, The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance
with the provisions of section 403,7065, F.S.
e. The Department is committed to ensuring provision of the highest quality services to the persons we serve, Accordingly, the Department has
expectations that where accreditation is generally accepted nationwide as a clear Indicator of quality service, the majority of the Department's
providers wHI either be accredited, have., a plan to meet national accreditation standards, or will initiate a plan wrthin a reasonable period of time.
f. The Department of Economic, Opportunity and Workforce FloridaThe Provider understands that the Department, the Department of Economic
Opportunity, and Workforce Florida, Inc., have �oirnly implo-nented an initiative to empower recipients in the Temporary Assistance to Needy Families
Program to enter and remain in gainful employment, The Department encourages Provider participation with the Department of Economic
Opportunity and Workforce Florida,
g, Transtioning Young Adults: The Provider understands the Department's interest in assisting young adults aging out of the dependency systern,
The Department encourages Provider partici pat on with the local Community -Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning froa ) the faster care system.
h - There are no provisions, terms, conditions, or obligations other than those contained heroin, and this contract shall supersede all previous
communications, representations, or agreements. either verbah or written between the parties.
i, If any term or provision of this contract is iegally determined unlawful or unenforceable, the remainder of the contract shall remain in full force
and effect and such term or provision shall be stricken.
j. Survival of terms, The parties agree that, unless a provision of this Standard Contract, its attachments or incorporated documents expressly
states otherwise as to itself or a named provision, all provisions Of this contract concerning obligations of the Provider and remedies available to the
Department are intended to survive the "ending date" or an earlier termination of this contract. The Provider's performance pursuant to such
surviving provisions shall be without further, payment, as the contract payments received during the term of this contract are consideration for such
performance.
k. Most Favored Party StatusThe Provider represents and warrants that the pnces and terms for its services under this contract are no less
favorable to the Department than those for sirnitar services under any existing contract with any o0ler party. The Provider further agrees that, within
ninety (90) days of Provider entering into a contract, contract amendment or offering to any other party services similar to those under this contract
under prices or terms more favorable than those provided in this contract, the Provider will report such prices and terms to the Department, which,
prices or terms shall be effective as an amendment to this contract upon the Department's written acceptance thereof. Should the Department
discover such other prices or terms, the same shalt be effective as an elmendalent to this contract retroactively to the earlier of the effective date of
this contract (for other contracts in effect as of that date) or the date they were first contracted or offered to the other party (for subsequent contracts,
arnendrnents or offers) and any payment in excess of such pricing shall be deemed overpayments. Provider shall submit an affidavit no Dater than
itfly 31 �' of each year during the term of this contract attesting that t the Provider 'is in compliance with this provision, as required by section 21 U1 13,
FS,
11. The Provider will not offer, enter, into nor enforce ally formal or informal agreement with any person, firm or entity under which the parties agree
to refrain from com peti rlg for any future service contract or limit In any manner the ability of either party to obtain employment by or provide services
to the Department or a provider of services to the Department.
m. In the event of a coinflict between the provisions of the documents, the documents shall be interpreted in the following order of precedence:
i. Attachment l and other attachments, if anyx
ji- Any documents incorporated into any attachment by reference;
iii. This Standard Contract;
iv. Any documents incorporated into this Standard Contract by reference.
CF Standard Contract 0612013 6 Contract KPZ14
34, Modifications, Modifications of provisions of this contract shall: be valid only when they nave been reduCOd 10 wl"Mng anU QWY b'Y"cu uy UUU1
"may adjusted etroa , rate of payrneM
parties. The rate of payment arid the total dollar amount I ,y be , ctive�y to reflect pr�ce level mcreases arid changes in tile
when these have been established through the appropriations process and subsequently identified in the Department's operating budget.
35, Additional Requirements of Law, Regulation and Funding Source. As prrMcded in Section 5 of tihcs contract, the Provider is required to comply
with the following requirements, as applicable to its performwi(,e under this contract. Provider acknowledges that it is independently respmisible, for
investigating and complying with all state and federal laws, rules arid regujqtiors, relating to its performance sunder this contract and that the belay is only a
n,>mple of the state and federal laws, rules and regulations that may govern its performance under the contract,
a. Federal Law
j. if this contract contains federal funds, the Provider shall cornply with the provisions of federal iaw and regulations including, but root limited
to, 45 CFR, Part 74, 45 CFR, Part 92, and other applicable regulations.
is If this contract contains $1 101,000 or more of federai funds, the Provider shall comply with Executive Order 11246, Equai Employment
Opportunity, as ,amended by Executive Order 11375 and others, and w, suppliernented in Department of Labor regulation 41 CFR, Part 60 and
45 CFR, Part 92, if applicable.
m. If this contract contains over $100,000 of federal funds, the Provider shall comply with all applicable standards, orders, or regulations
issued under section 306 of the Clean Air Act, as amended (42 United States Code: (U.S.C,) 7401 et seq.), section 508 of the Federal +Alater
Pollution Control) Act, as amended (33 U.S.C, 1251 et seq.), Executive Order 11738, as amended and where applicable, and Environmental
Protection Agency regulations (40 CFR, Part 304. The Provider shall, report any violations of the above to the Department,
iv. No federal funds received in connection with this contract may be used by the Provider, or agent acting for the Provider, or subcontractor to
influence legislation or appropriations pending before the Congress or any State legislature_ If this contract contains federal funding in excess of
$10,0,0100, the Provider most, prior to contract execution, complete time Certification Regarding Lobbying form, Attachment Ill. If a Disclosure of'
Lobbying Activities form, Standard Form LILL, is required, it may be obtained from the contract manager. Ali 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.
V. If this contract contains federal funds and provides services to children up to age 18, the Provider shall comply with the Pro -Children Act of
1994 (20 U3.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty Of Up to $1,000
for each violation or the imposition of an administrative compliance order oil the responsible entity, or both,
vi. Unauthorized aliens shall not be employed. The Department shall consider the employment of unauthorized alilons a violation of section
274A(e) of the Immigration and Nationality Act (8 U.&C- 1324 a) and section 101 of the immigration Reform wid Control Act of 1986. Such
violation shall be cause for unilateral cancellation of this contract by the Department. The Provider and its subcontractors will enroll in and use
the e-Verify system established by the U.S. Departrnent of Homeland Security to verify the employment eligibility of its employees and its
subcontractors' employees performing under this contract
b. Civil Rights Requirements, qn accordance with Title Vll of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the
Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for employment) in the
performance of this contract because Of race, color, religion, sex, national origin, disability, age, or rnaritzil status. Further, the Provider agrees riot to
cldscrirnin ate against any applicant, client, or employee in service delivery or benefits m connection with any of its programs and activities un
accordance with 45 CFR Parts 80, 83, 84, 90, and 91, Title Vll of the Civil Rights Act of 1964, or the as applicable Florida Civil Rights Act of 1992, ,
and CFOP 60-16, These requirements shall apply to all contractors, subcontractorssubgrantees or others with whom it arranges to provide services
or benefits to clients or employees in connection with its programs and activities. The Provider shall complete the Civil Rights Compliance Checkhst,
CF Form 946 in accordance with 45 CFR Part 80 and CFOP 60-16 - This is required of all Providers that have fifteen (15) or more employees,,
C. Ulse of Funds for Lobbying Prohibite& The Provider shall comply with the provisions of sections 11.0162 and 216.347, F,S., which prohibli: the
expenditure of contract funds for the purpose of lobbying the Legislature, ludidal branch, or a state agency.
d. Public Entity Crime and Discriminatory Contractors Pursuant to sections 287.133 and 287.134, F.s., the following restrictions are placed on
the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the
convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been placed on the discriminatory vendor list, such
person, entity or affiliate may riot 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 repIly on a contract with a Public entity for the construction or the 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
ODFISUitant under a contract with any public entity. and may not transact business with any public entity; provided, however, that the prohibition on
persons or affiliates placed on the convicted vendor shall be limited to business in excess of the, threshold amount provided in section 287.017, F.S,,
for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list,
a. Health Insurance Portability and Accountability Act The Provider shall, where applicable, comply with the Health Insurance PoFtabilty and
Accountability Act (42 U S. C. 1320d.) as well as all regulations promulgated thereunder (45 CPR Parts 160, 162, and 164).
f. Whistle -blower's Act Requirements. In accordance with subsection 112,3187(2), F.S_ the Provider and its subcontractors shalt not retaliate
against an employee for reporting violations of law, rulea, or regulation that creates substantial and specific danger to the public's health, safety, or
welfare to an appropriate agency- Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information
to an appropriate agency alleging improper use of governmental office, gross waste of funds, OF any other abuse or gross neglect of duty on the part
of an agency, public officer, or employee. The Provider and any subcontractor shall inform its ernployees that ftiey and other persons may Me a
complaint with time. Office at Chief Inspector General, Agency Inspector General, the Florida Commission on Hurnan Relations or the Whistle -blower's
Hotline number at 1-800-543-5351
g. Support to the Deaf or Hard -of -Hearing
,
The Provider and its subcontractors, where direct services are provkded, shall, cornply with section 504 of the Rehabilitation Acft of 197329
US_C, 794, as Implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504). the Americans with Disabilifies Act of 1990, 42 US C,
CF Standard Contract 0612013 7 Contract KPZ14
12131 as rq7, I Prrented by 28 C F R Part 35 (hereinafte, referred tj a �, AD A" aria CF,'DP 60- 10, 0aptes 4 entitled Auxiliary Airs nand Services
f,r, CUStomeys or Car-np�ijjjorus wvho are Deaf or Harj ,if Hearing
1I If the provi�,Nar or a ny of atl, si.rbcontractors employs fr1een ( 15 1, or riore ernploye,: r , !hie Dro,m.jer ;half deSignate, a Surigje Pon Q of CoMact
Ication %V01 custonler� or cornpanioins iif�o are deaf of harm of heirrig in jc,,ror�jance with SecU4'm 504
�ure effectwo conifnun a F ta
one per firm) to ens
e ci��njplh,. nc, da,
of the ADA, and CFOP 60- f0, Chapter 4 'The Provider s Single Pomt of Cortact and that of its Sub00ni'=01-5 Will Pr'OCeSS III,
Into the Department "s HHS CornpfiOnCe reporting Database at il I "Orm ,dgLUSPff=!3,SP re n , ahtmi, Gy tliie 5- working day
-tua-, 1, —16--mPt" =0471 'C"g, � � �� ---
the mornh cowering the previous inonth s retch-Ung and forward coifirmation, of submission to the contract manager Tre narne and contact
rnformaWri for the Provider's Single Point of Contact shall be furnished to ihe Depal inTerit's grant ror c:ontract n-,jn,.Ner within fourteen l, '14
calendar days of 11he e3fective date of this requirement
aj. The Provider shall comractuaily require 1hat its subcontractors ccrnply wifh Section 504 0e ADA an(] CFOP 60-10 Chapter 4. A &n9le
Pcuit of Contact Shall be recluvred for each siubcoMraclor that employs fifteen (15or more employees This Smg�e Pomi. of CoIqOO will enstire
effective communicalion with rcustarners or cQmpan*ns who are deaf or haij of hearing in accordan-.e voth Sedif,)n 504 and the ADA and
coordinate activities and reports vvdh the ProvIder s Sknqie Point of Contact.
IV The Single Point of Contact shall ensure that einployees are aware of the requirernents cartes ard je,6ponsibikfies and contact points
associated vviVl (;OrT1plianCe %,ajtih Section 504, the ADA, and CF0P 60-10, Chapter 4 Further e, and its s bcono a rs
,rnploy(,es of prov�ders U cto
tAth fifdeen (15� or, more employees shall aqesf in writing that they are, familiar wqh fhe requirernents of Section 504 the ADA, and CFOP 60-10,
Chapter 4. I'llis ,attestaticn shall be maintained in twee erripOyee s personne,0 file
v The Provider's Single Point of Contact voill ensure that conspicuous Notices which provide Nnformakion about the availability of appropriate
auxiliary aids and services at no -cost to the customers' or cornpanions Nho are deaf or hard of hearing are posted near where pecple enter or
are adnnifted wiUhm the agent locations, Sufi Notices must be posted irnrnediately by providers arrd The approved Noticescan
be downloaded through the Internet at, liHp,/hvww.dcf s�tate fl usiadrninfigiciv,dr,lghts shtrrl
,vi The Prowder and its subr,,,ontractors shall docurneni Itie cuslonneir $ or companion's preferred method of commumcalioar and any requested
auxiliary aidslservIces provided iin trine customer's record Docurnentaiion, with s,,jppojtinq pustifi"tron rnusl also be made �f any request was not
honore(.1 or was denied The Provider shall distnbRiike the Custorner Feedback form, to cworrer or Companion for copipletion and submission to
Me Dpipartrrient of ChRldren :and Families Office of Civil Rights
vii, if the customer or cornparrion is referred to crther agencies, the Provider musl ensure what the receiving agency is notrfied of the customer's
or companion's preferred method of cDmrnunicaUon and any arixiliary -3id%iservice needs,
The Department mquires each contracUsubcontract provider agency's direct service ernployees to COMpIple fhe 7nhnf roLir S!rLIEUkJr
gLLs�rs who are Deaf'or Ha Ld jk(j. (as requested of all Department employees b and sign line Attestation of Understanding Dgerl service
employeel —11IF1111,110 pant certificate of COrTipletion, anach it to their AtteslatIon of Understandmg, and r1a,ntain there m their personnel Me
By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Section 4.
IN WITNESS THEREOF, the ptairlies hereto, have caused this 48 page contract to be exertAred by their undersogned officr)]S as duly aulhonzed
06 N TY F
PROVIDER: MONRCE �,,&IDA DEPARTMENT OF CHILDREN AND FAMILIES,
Ae
41
�Wn a It u re:o, z/
NanI
Title:
Name:
Title
Date. t t) —I I - 11-4, Date:
STATE AGENCY 29 DIGIT FLAIR CODE:
Federal I ax 0 at for SSN) Prowder Fiscar Year Ending Date- 06(30
Ifs`
,A� F'OROVE D A 5
f�0 ,A,17 f/
Datu
r
_J
Gilda P, Forradaz
Re.qiranal MlaraagVjnq Director
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Regional Legal['Counsel Date
Conv�vi KPZ14
Ern ergcmcy Solutions Grairls Program
A. Services to be Provided (' om�eless Prevenitioin/Rapid Re-Housing�jl
a. Grant Agreement Terms an be found in the Florida
Grant agreement terms used in this document c
Department of Children and Families Glossary of Grant and/or Contract
agreement Terms, which is incorporated herein by reference and can be
obtained from the Grant Manager.
For the purposes of this agreement the term "grant" will be interchanged with the
word "contract"' and "Recipient" will be interchanged with the word "Provider" and
each will be subject to the terms and conditions of the Florida Department of
Children and Families Standard Contract.
b. Program or Service Specific Terms
1) Prevention Objective: Provide rental assistance along with stabilization
services necessary to prevent an individual or family frorn becoming
horneless, having to move into an emergency shelter or other place not
suitable for human occupancy.
2) Rapid lie- using Objective: Provide rental assistance along with
stabilization services as necessary to help a homeless individual or family
move as quickly as possible into permanent housing and achieve stability
in that housing.
3) Emergency Shelter. Any facility, the primary purpose of which is to
provide temporary shelter for the homeless in general, or for a specific
homeless population.
4) Administrative Costs: Costs associated with overall program
management, coordination, monitoring, and evaluation the Emergency
Solutions Grant program. The administration costs of the grant are limited
to 4.5% of the total grant award. These costs include general
management and oversight to include salaries, wages and related costs of
staff engaged in program, administration; administrative services
performed under 3rd party contract/agreements like legal services,
accounting or audit functions; costs associated with the performance of
environmental reviews; and costs associated with attending HUD
sponsored ESG trainings. Please refer to HU!D"s December 5, 20,11
Interim, Rule for regulations regarding administrative costs.
Grant Agreement # KPZ14
05/01/2014 9
Ernargency Solutions GranIs Program
a. Program Requirements
S.
1 ) The Emergency Solutions Grant is, a federal, grant pirogi -am from the U.
Department of Housing: and Urban Development, and the federal
regulations published for the grant program contained in 24 CFR Part 576,
(2011), as amended, shall govern the awards made by the Department of
Children and Families, herein after referred to as the Department.
2) In addition to the definitions contained in 24 CFR, Part 576 (2011), as
amended, the Recipient must also comply with other federal laws and
regulations, including the following:
Participate fully in the Homeless Management Information System (HMIS).
HMIS requirements are outlined in the Interim Rule published December
5, 2011 as amended. Accordingly, only recipients who commit to
participate in H M IS will eligible for the Emergency Solutions Grant funding.
Section 605 of the Violence Against Women: Act of 2005 amended the
McKinney -Veto Homeless Assistance Act to prohibit victim service
providers from entering personally identifiable information into an HMIS
database. This law applies to recipients receiving Violence Against
Women Act and/or Family Violence Prevention and Service Act funding.
Domestic violence service providers are not required to participate in
HMI,S, but shall provide aggregate service data on persons and outcomes
achieved. [See HUD Notice issued March 16, 2007, published in the
Federal Register]
3) Recipients shall be aware of and comply with regulations and requirements
set forth in Part 24, Code of Federal Regulations (C.F.R.) § 576.23,
Emergency Solutions Grant Program: Stewart B. McKinney Homeless
Assistance Act. Organizations that are religious or faith based are
eligible, on, the same basis as any other organization, to participate in the
Emergency Solutions Grants program, Neither the Federal government
nor a state or local government receiving funds under Emergency
Solutions Grants programs shall discriminate against an organization on
the basis of the organization's religious character or affiliation. Provisions
set forth generally require that when services are funded under the ESG
program the services will be provided in a way that is free from religious
influences and in accordance with the following principles:
a), Any Recipient that participates in the Emergency Solutions Grants
program shall not, in providing, assistance, discriminate against a
program beneficiary or prospective program beneficiary on the
basis of religion or religious belief.
05/01/2014, Grant Agreement # KPZ14
10
Ernergency Solutionq Grants Prograrn
b) The Recipient will provide grant services in a way that is free from
religious influences and will not engage in inherently religious
activities, such as worship, religious services, instruction,
counseling, or proselytization as part, of the programs or services
funded under the grant. If an organization conducts such activities,
the activities must be offered separately, in a time or location, from
the programs or services funded under the grant, and participation
must be voluntary for the beneficiaries of the prograrns or services,
funded by the grant.
c) The Recipient will not discriminate against any employee or
applicant for employment on the basis of religion and will not limit
employment or give preference on the basis of religion.
d) The Recipient will not limit services provided to, or give preference
to any person seeking services based on religion.
4) There are additional; federal and state assurances and certification that the
Recipient must comply with, including all ordinances, codes, and statutes
relating to building, health,, fire, safety, sanitation, zoning and the
environment, as well habitability standards for all housing units occupied
by assisted participants.
5) The Emergency Solutions Grant requires matching funds,. The Recipient
is required by federal regulations Linder HUD's December 5, 2011 Interim
Rule, as amended, and 24 CFR, Part 576 (2011), to match the Emergency
Solutions Grant with an equal amount of funds from other sources. The
Recipient may use in -kind services, or other public or private cash Sources
to meet the dollar for dollar match requirement, Matching funds must be
provided after the date of the grant agreernent's execution. Funds used to
match previous Emergency Solutions Grants or any other grant may not
be used to match the grant awardi made under this solicitation.
Recipient may use any of the following as matching funding:
a) Cash;
b) Value of fair rental value of any donated material or building;
c) Value of any lease on, a building;
d) Salary paid to staff to carry out the program of the Recipient, or
e) Value of the time and services contributed by volunteers to carry
Out the program of the recipient based on the value at rates
consistent with those paid for similar work in the Recipient's
organization (24 CFR, Section 576.20(e)).
6) The Department will reimburse the Recipient for eligible expenditures,
based, upon actual program expenses incurred along with supporting
documentation. There will be no advance payments under this grant
05101,/2014 11 Grant Agreement # KPZ14
Emergency Solutions Grants Progran'
agreement. The supporting documentation must be !submitted along with
copies of invoices in order for payment to be processed.
b, Authority
The authority to fund Emergency Solutions Grants can be found in 24 CFR, Part
576 (2011), of HUD's December 5, 2011 Interim Rule, as amended and in
section 420.622, Florida Statutes, For federal regulations governing the
Emergency Solutions Grant Program see the HUD web site to view or print
regulations at:
bhltttpq�J/www�,one d,,Arufo/resource/1927/hearth-es -llllorn,ran,i-anid-consolidated-
2!,an-coruforrruuru amendments/
c. Scope of Service
Services shall be provided in: Monroe County, Florida, in accordance with the
Recipient's response to the Department of Children and Families' Grant
Application LPZ10, and in a manner consistent with eligible activities contained in
Section B.1.a, Tasks List.
812MMEM=,
1), Homeless Prevention
The objectives of homeless prevention is to assist individuals and families
who are at imminent risk, or at risk, of homelessness,, meaning those who
qualify under paragraph 2 and 3 of the homeless definition (Exhibit A) or
those who qualify as at risk of homelessness with short and medium term
rental assistance and housing relocation and stabilization services to 1 )
prevent persons from becorning homeless in a shelter or an unsheltered:
situation, or 2) to help such persons regain stability in their current housing
or other permanent housing, Individuals and families must have incomes
below 3% AMI.
2) Rapid Re -Housing
The objectives of rapid re -housing is to assist individuals and families who
are literally homeless, meaning those who qualify under paragraph 1 of
the definition of homeless with short and medium term rental, assistance
and housing relocation and stabilization services to 1) help homeless
persons living on the streets or in an emergency shelter transition as
quickly as possible into permanent housing, and then, 2) help such
persons achieve stability in that housing.
•
M=
This grant agreement is limited to no more than $76,598.00 for the grant period
and must be met with a dollar for dollar miatch. There is no provision: for renewal
or extension of this grant agreement,
05M/2014 12 Grant Agreement # KPZ14
Etnergency SoUions Grants Program
The Recipient will be allowed to expend grant -funds from the date of execution, of
the grant agreement until June 30, 201:5
1,) Homeless Prevention serves extremely low income individuals and
families, whose household income is below 30% AMI, at risk of becom,ing
homeless and moving into an emergency shelter or place not meant for
human habitation. (See Homeless Definitions, Exhibit A)
2) Rapid Re -Housing serves individuals or families who are literally
homeless, currently living in an emergency shelter or place not meant for
human: habitation. (See Homeless Definitions, Exhibit A)
b. Client Eligibility
Client eligibility for services shall be determ,ined by the Recipient in, accordance
with 24 CFR Part 576 (2011), as amended in HUD December 5, 201,1 Interim
Rule; the guidelines outlined in the Recipient's approved written standards and
procedures; and by the criteria for defining homeless under the Homeless
Definition established by HUD.
Grant recipients must assess a household's need for assistance at initial and re-
certification evaluations of eligibility to establish th,e amount and types of
assistance needed to maintain housing stability or for re -housing.
c. Client Determination
In the event of any disputes regarding the eligibility of clients, the determination
made by the Department is final and binding on all parties.
92=
1. Service Tasks
The Recipient shall comply with the Program Narrative as described in the
Recipient's response to Grant Application L1 Z10, within the limits of the approved
Budget and Budget Narrative, contained herein (Exhibit B and Exhibit 132).
Mlllffl��
1) Recipient must develop written standards and procedures for
providing assistance in accordance with provisions set forth in HUD's
December 5, 2011 Interim Rule. These standard policies and procedures
must be approved by the Department prior to grant execution. Standards
must meet these criteria:
05/01/20;14 13 Grant Ag reemen t # KPZI 4
Emergency Solutions Granfi5 Program
a)
Standard policies and procedures for evaluating individuals' and
families' eligibility for assistance Linder the Emergency Solutions Grant-.
Minimum Standards; Must be (1) consistent with the definition of
homeless and at -risk homeless set forth in 24 CFR 576.2; and (2) the
record keeping requirements set forth in 24 CFR 576.5,00 (b-e).
b)
Standard policies and procedures for coordination aniong homeless
service providers, as well as mainstream service and housing
providers:
Minii]]Lljm Standards: Standard shall encompass all providers and
programs listed in Sections 576,400(b) and (c) of the HUD December
5, 2011 Interim Rule,
c)
Policies and procedures for determining and prioritizing which eligible
families and, individuals will receive homeless prevention assistance or
rapid re -housing aid,
p2p,gtrrieraf's f�riorit ; Fam,il:ies with children shall be given preference
under the Department's award for both prevention and rapid re-
housing, to the maximum extent possible.
d)
Standards for determining the share of rent and utility costs that each
eligible participant must pay, if any, while receiving either homeless
prevention or rapid re -housing aid.
e)
Standards for determining how long a particular participant will be
provided with rental, assistance, and whether and how the amount of
assistance may be adjusted over time.
f) Standards for determining the type, amount and duration of housing
stabilization, and/or rapid re -housing assistance and/or relocation
services to be provided to an eligible participant, including limits, if any,
on the amount of homeless prevention or rapid re -housing assistance
that a participant may receive. The standards shall set forth the
maximum amount of assistance, the maximum months of assistance
possible, and maximum number of times a participant may receive
assistance.
2), Continuum of Care Centralized or Coordinated Assessmient System:
The Department shall require all grant recipients to submit a certification
from the designed con,tilnuum of care lead, agency that the Recipient is
using the assessment system. If the continuum of care has not yet
developed such a coordinated, assessment system in accordance with
HUD's December 5, 2011 Interim Rules requirement, the continuum lead
05/01/2014 G,rant Ag reernent # KPZ1 4
14
Eniwgency Su�uUons Grants Program
a]
agency shall provide written documentation of this. Victim service
providers may choose not to use the continuums coordinated assessment
system. If so, the victim service provider shall document this decision in
writing.
Prevention Activities: Grantee may provide any one or all of these
services to eligible prograrn participants. where payments
a) Rental Assistance is assistance for eligible clients
are made directly to the housing provider to prevent families or
individuals from becoming homeless in a shelter or an unsheltered
situation.
(1) Short-term tenant based rental assistance: Rent assistance
provided for a period of 1 to 3 months
(2) Medium -terra, tenant based rental assistance, Rent assistance
provided for a period of 4 to 24 months
(3) Payment of Rental Arrears" One-time payment up to 6 months for
rent arrears including late fees on those arrears
Note: Any combination of the above assistance may be provided as long,
as the total does not exceed 24 months of assistance in any 3 year period
(including any payment for last month's rent or for utility payments, this
includes 6 months of payments for arrears).
Requirement and Restrictions: Provisions of rental assistance are set forth
in, Section 576-106 of the Interim Rule published on December , 2011.
b) Fina I _aA an e are those activities to help families or individuals
C ist c
regain
s t
ain stability in their Current housing or other permanent housing
Applicants may provide any one or all of these services to eligible
program participants:
(1) Rental application fees 2 months' rent
(2) Security deposits equal to no more than
(3) Last month's rent if necessary to obtain housing for a program
participant, provided it does not exceed one month's rent
(4) Utility deposits required by the utility company for gas, electric,
water and sewage for all customers served,
(5) Utility payments for gas, electric, water and sewage bills not to
exceed 24 months of payments per participant, including up to 6
months of utility bills in arrears d
(6) Moving costs, such as truck rental or hiring a moving company, an
temporary storage fees, not to exceed 3 months
Grant Agreement # KPZ14
05/0112014 15
Emergency So��,aicris Grants P�-ogram
c) Services are those activities which can aid, participants with achieving
housing stability as well as dealing with previous issues related to
housing instability.
(1) Housing search and placement.
(2) Housing stability case management
(3) Mediation between the program participant and landlord necessary
to prevent the participants from losing their present permanent
housing
(4) Legal services
(5) Credit counseling to assist participants with skills for household
budgeting, money management, credit report access, and credit
problems; does, not include payment or modification of a debt
4) Rapidi Re-hiousing Activities: Recipient may provide any one or all of
these services to eligible program participants.
a) Rental assistance is assistance for eligible clients where payments
are made directly to the housing provider to aid families or individuals
who are homeless move into permanent housing and achieve stability
in that housing.
(1) Short-term tenant based rental assistance:
Rent assistance provided for a period of 1 to 3 months
(2) Medium -term tenant based rental assistance:
Rent assistance provided for a period of 4 to 24 months
(3) Payment of Rental Arrears:
One-time payment up to 6 months for rent arrears including late
fees, on those arrears
Note: Any combination of the above assistance may be provided as long
as the total does not exceed 24 months of assistance in any 3 year period
(including any payment for last month's rent).
Re_qu,lrement and Restrictions: Provisions of rental assistance are set forth
in Section 576,106 of HUD's Interim Rule published! on December 5,,2011.
b) Financial Assistance are those activities to help families or
individuals gain stability in permanent housing,
(1) Rental application fees
(2) Security deposits equal to no more than 2 months' rent
(3) Last month's rent if necessary to obtain housing for a program
participant, provided it does not exceed one month's rent
(4) Utility deposits required by the utility company for gas, electric,
and, sewage for all customers
05/01/2014 16 Grant Ag regiment # KPZI 4
Emergency Sol�ikns Granks Program
(5) Utility payments for gas, electric, water and sewage bills not to
exceed 24 months of payments per participant, including, up to six
months of utility bills in arrears, !ring a moving company, and
(6) Moving costs, such as truck rental or h
temporary storage fees not to exceed three months
bervices are those activities which, aid participants with achieving
housing stability as, well as dealing with previous issues related to
housing instability.
(1), Housing search and placement
(2) Housing stability case management
(3) Mediation between the program participant and landlord necessary
to prevent the participants from losing their present permanent
housing
(4) Legal, services
(5) Credit counseling to assist participants with skills for household
budgeting, money management, credit report access, and resolving
credit problems; does not include payment or modification of a debt
5) HMIS (Homeless Management Information System) activities
Recipients must enter data on all persons served and all
assisted under ESG into the applicable community —wide Continuum of
Care HM,IS or comparable database. activities fLinded by ESG must
comply with HUD's standards on participation, data collections and
reporting under local HMIS (See 24 CFR Part 576.107), victim service
providers must not enter data into an HMIS but must use a comparable
database. Information in the comparable data must not be entered
directly into or provided to an HMIS.
Eligible costs include.*
a. Hardware equipment and software costs
b. Staff salaries for operating HMIS
c. Training and overhead (participation fees charged by lead agencies)
*Activities funded under this component mOSt COITIPlY with HUD's standards oil
participation, data collection and reporting under a local HMIS in HUD's December 5,
2011 Interim RLde as amended.
6) Administrative Costs
Recipients may use up to 4,5% of its Emergency Solutions Grant for costs
related to the planning and execution of ES G activities.
Eligible costs include:
a) costs, of overall program management, coordination, or oversight
(including staff salaries for program administration activities)
b) Training on ESG requirements and costs of HUD sponsored training
Grant Agreement # KPZ14
05101/2014 17
Ernergency Soludons Grants Prograrn
c) Costs associated with conducting Environmental Reviews
conducted under 24 CFR Part 576.407
7) Maintain records documenting all clients served in accordance with HUDp 's
Interim Rule of December 5, 2011, as amended, and report all outcomes
achieved to the grant manager and the Department's Office on
Homelessness on a quarterly and, annual basis. Report format will be
provided by the Department.
8) Use funds for providing eligible rental assistance and financial assistance
or services to persons who are in imminent danger of losing their homes
or those: who are homeless as listed in the approved budget, Exhibit B.
9) Complete and maintain on file, an ES G Minimum, Habitability Standards
Checklist, Exhibit C, for all locations in which ECG funds are used to help
participants remain in or move into housing.
10) Complete and submit all reports specified by the Department.
11) Comply with all state licensing standards, all applicable standards, criteria
and guidelines of the Department.
b,. Task Limits
The Recipient is limited to providing services as indicated in 24 CFR, Part 576
(2011), as amended by HUD's December 5, 2011 Interim Rule to those
persons who qualify under this rule, The Recipient is allowed to expend grant
funds from the date of execution through June 30, 2015,
a. Staffing Levels
The Recipient will maintain sufficient and appropriate staff to deliver the
proposed services reflected in the grant agreement. The Recipient shall maintain
an adequate administrative organizational structure and support staff to, conduct
its contractual responsibility, including intake and evaluation of applications for
assistance and case management of client's receiving assistance.
The Recipient shall replace any employee, whose, continua] presence Would be
detrimental to the success of the project, as may be determined by the
Department.
b. Professional Qualifications
Minimum, professional qualifications for staff shall be as, follows: case managers
shall hold the rnininlUrn of a Bachelor's Degree in Social Work or a related field;
data entry personnel shall have a high school) diploma or equiivalent. The
position descriptions as described in the Recipient's application submitted in
05/01/2014 Grant Agreement 4 KPZ14
18
Emergenc,'Y Sdutions Grants Program
response to the grant application shall rernain in place until written approval for
any changes is obtained from the Department.
c. Staffing Changes
The Grant Manager shall be notified in writing of any staff changes or vacancies
within five (5) calendar days of the change or vacancy. Any replacement
personnel shall meet the requirement of the position.
d. Subcontrators the Recipient to subcontract for case management
This grant agreement allows
services. All subcontracting is subject to the provisions of Section 8 of the
Standard Contract Agreement and must be approved prior by the DepartmenL
The Recipient may not subcontract services not listed.
3, Service Location & Equipment
a. Service Delivery Location
Services will be provided at the following Monroe County offices:
0 1100 Simonton Street, Key West
0 39063 d Street Ocean, Marathon
0 88770 Overseas Highway, Tavernier
b. Service Times Services will be made available to than; seeking assistance within normal,
business hours, Monday -Friday, 8 am until 5 pm and those deemed necessary
by the Recipient to, meet the needs of clients seeking service.
c, Changes in Location
The service delivery location shall not be changed, without prior approval for the
grant manager.
d. Equipment ent to Supply at its, own expense, any
It is the responsibility of the Reci,pi equipment (aside from equipment purchased with funds from this grant
agreement) necessary to provide services under this grant agreement. All
equipment acquired under this grant agreement will be inventoried annually.
MNRMM��
a. Recipient is required to meet these deliverables as part of compiliance for
funding received under the Emergency Solutions Grant:
1) Provide financial assistance to a minimum of three households per month,
as documented in the monthly HMIS activity report. Financial assistance
may include rent payments and security deposits, and utility payments and
deposits.
Grant Agreement # KPZ1 4
05/0112014 19
EmergencY Solutions Grants Pmgram
b. Records and Documentation
1) To the, extent that information is utilized in the performance of the resulting
Grant agreerxuent or generated as a result Of it, and to the extent that
information meets the definition of "public record" as defined in subsection
11 9.01 1 (1), Florida Statutes, said information is hereby declared to be and
is hereby recognized by the parties to be a public record and absent a
provision of law or administrative rule or regulation requiring otherwise,
shall be made available for inspection and copying by any interested
person upon request as provided in, Chapter 119, Florida Statutes, or
otherwise, it is expressly understood that the Recipient's refusal to
comply with Chapter 119, Florida Statutes, shall constitute an immediate
breach of the resulting grant agreement, which entities the department to
unilaterally cancel the grant agreement. The Recipient is required to notify
the department in writing of any requests made for public records.
2), All documents pertaining to the program shall be retained by the Recipient
for a period of six (6), years after the termination of the grant agreement, or
longer as may be required by any renewal or extension, of the grant
agreement. During the record retention period, the Recipient agrees to
provide all documents required to be retained upon dernand by the
Department.
3) The Recipient agrees to maintain the confidentiality of all records required
by law or administrative rule to be protected from disclosure. The
Recipient further agrees to hold the department harmless from any claim
or damage including reasonable attorney's fees and costs of any fine or
penalty imposed as a result of improper disclosure by the Recipient of
confidential records whether public record or not and promises to defend
the Department against the same at its expense.
4) Records necessary to document data required for status reports must be
maintained in files that coincide with the report periods specified. These
records may be maintained manually or electronically.
c, Reports
The Recipient agrees to maintain and submit to the Grant Manager and the
Office on Homelessness the reports as outline below:
Report POrting
Frequency
)e—qW'Ffor" WnthlY 20"' of each
Reirr)bUrsement month
(Exhibit D) following
service
Nu,mber DCF Office to
oreceive report(s)
I Y Grant Manager
0-5/01/2014 20 Grant Agreement # KPZ14
Ern�erflency Solutions Grant� Pr,:L � qL
monFhly_�_id'
onthlY ac/7 6
1 Grant Manager
Year to Date
month
HMIS
following
Activity Report
.service
W 0 " m onth
F —f
Grant Manager
Match
following the
Report
end of the
qqa
Quarterly 20?' of month
Grant Manager and
CAPER
following the,
Office on
Report
end of the
Homelessness
Annual
quarter
Ann0c-llly 2 t h',
Grant Manager and
CAPER
following the
Office on
Report
end of the
Homelessness
fisca Year
V —
_Ua 1-1y '2' 0, " o f rn o n th
I Grant Manager;-and_Tnn"
Performance
following HUD
Mete due
Office on
Homelessness
. . . . ........
Repqrt
. ... ...
.
1) The Recipient agrees to submit to the Grant rnanager, with Exhibit D, a
monthly
HIMIS activity report on numbers and types of clients served for
the reporting
month and year to date (from the date of execution).
2) The Recipient agrees to submit to the Grant Manager and the Office on
Homelessness the HMIS generated Consolidated Annual Performance
and Evaluation Report (CAPER) at the end of each qUarter. Complete
and accurate reports are due in the format determined by the Office on,
Homelessness or the Grant Manager.
3) The Recipient agrees to submit to the Grant Manager and the Office on
Homelessness the HUID Annual Performance Report (APR) on January
15, 20'15 and June 15, 2015, Complete and accurate reports are due in
the forrnat determined by the office on Homelessness and the Grant
Manager. Reports are due not later than 20 days of the end of the
reporting period.
4) The Department reserves the right to request and receive from the
Recipient complete and accurate data that is required by this contract but
may not be captured in HIMIS.
5) Match Report. On a quarterly basis, the Recipient will report the
matching expenditure dollars and i,n-kind contributions on the quarterly
performance reports submitted, to the Office on Homelessness, In -kind
contributions may be evaluated and counted, as all or part of the match. In
addition, the Recipient may report match on invoices submitted for
reimbursement for the corresponding month of service to the grant
Grwit Agreement # KPZ14
05/0112014 21
Emergency solutions Grants Program
manager for approval. The report will be due not later than twenty (20)
calendar days following the end of the quarter to, the grant manager. Grant
Managers may require additional reports regarding match as deemed
necessary, and will request these from the Recipient if needed.
6) Where the grant agreement requires the delivery of reports to the
Department, mere receipt by the Department shall not be construed to
imply acceptance of those reports. it is specifically intended by the parties
that acceptance of required reports shall constitute a separate act.
7) The Department reserves the right to reject reports as incomplete,
inadequate or unacceptable according to the pararneters set forth in the
grant agreement. The Department, at its option, may allow additional time
within which the Recipient may remedy the objections noted by the
Department of the Department may, after having given the Recipient a
reasonable opportunity to complete, make adequate or acceptable, and
declare this agreement to be din default.
TZ-ammm=
a. Performance Measures,
Performance measures are proposed to be, used jointly by the Department
and the Continuum of Care planning lead agency to assess the performance
of the Department's funded Recipients under the 2013 Emergency Solutions
Grant, Recipients will be required to provide copies of the Department
required reports to the lead agency at the same time the report is due to the
Department.
The Recipient will not be responsible for meeting performance measure
1), but will need to track data on this measure throughout the grant
ag,reement term,
1) A reduction in the number of households with children who are
homeless in the Continuum of Care (CoC) area,
2) At least 351% of the participants served remain permanently
housed 6 months following, the last date assistance was provided
under the grant.
1) Performance measure 1) above shall be calculated as follows:
# of households with chHdren who are homeless in the o..as of 0 _1/01 12014
a -u-mberof households with diHdren who are homeless in the CoC as of 016/30/201,5
05/01 /2014 22 Grant Agrec,,ment # KPZ1 4
Emergency SQ&utjoj"is (irants Progi-am
2) Performance measure 2) above shall be calculated as follows:
nyinaj2st assistance
servalof artgcwanrs d 6 months f0ovjn
n,,_pe�
Fotal number of cHents served du6ng the reporting pehod
c. Performance Standards Statement
By execution of this grant the Recipient hereby acknowledges and agrees that its
performance under the grant must meet the standards set forth above and will be
bound by the conditions set forth in this grant, If the Recipient fails to meet these
standards, the Department, at its, exclusive option, may allow up to six (6) months
for the Recipient to achieve compliance with the standards. If performance
deficiencies are not resolved, to the satisfaction of the Department within the
prescribed time, and if no extenuating circumstances can be documented by the
Recipient to the Department's satisfaction, the Department must cancel the grant
with the Recipient. The determination of the extenuating or mitigating
circumstances is the exclusive determination of the Department.
1,11„� 11 !!11111!!! 111 1 r
Milli
a. The Recipient is solely and exclusively responsible for the satisfactory
performance of the tasks described in the Tasks Limits section of the Attachment
1 and the approved grant application. By execution of the grant agreement, the
Recipient recognizes its exclusive responsibility for the tasks, activities, and
deliverables described herein and warrants that it has fully been informed of all
relevant factors affecting accomplishment of the tasks, activities, and
deliverables and agrees to be fully accountable for the performance thereof, The
Recipient is also responsible for demonstrating compliance with all Federal
requirements contained in the Grant Solicitation, and Federal Regulations
governing the Emergency Solution Grants Program (24 CFR, Part 576 (2011)
and HU�ID's December 5, 2011 Interim Rule, as amended).
b, Cord,ination with other Providers/Entities
1) The Recipient shall be a member of the, appropriate local homeless
coalition, shall actively participate in coalition activities,, and shall
coordinate its efforts with those of the homeless coalition.
2) If there is a homeless continuum of care in the geographic area within
which the Recipient resides, the Recipient shall collaborate and be a full
and active participant in this multi -agency continuum.
3) If the homeless continuum of care (CoC) has established a coordinated
assessment system, the Recipient agrees to accept referrals from
members within, the system, as described in a separate written agreement
between the Recipient and the CoC. The Recipient will provide this
0510112014 Grant Agreement # KPZ 14
23
Ernergenc,y SOILAions Grants Progl'am
agreement to the Grant Manager and the Office on Homelessness within
30 days of execution. If no such system has been set up the Recipient
agrees to participate in the system once it is developed and provide such
a written agreement when executed. The system will be established
according to the guidelines set in HUD's December 5, 2011 Interim Rule
and any further guidance from, HUD pertaining to the system and its
implementation.
4) The failure of other providers, subcontractors or entities to perform tasks
related to this grant agreement, does not alleviate the Recipient from any
accountability for tasks or services that the Recipient is obligated to
perform pursuant to this grant agreement.
7. Department Responsibiliti I
a. Department Obligations
The Grant Manager will provide the Recipient any pertinent information received
from the Office on Homelessness, and any information, regarding grant
opportunities or changes to the Emergency Solutions Grant Program by HUD or
the Department,
b. Department Determinations
The Department has reserved the exclusive right to make certain determinations
in this grant. The Department reserves the exclusive right to make any and all
determinations which it deems are necessary to protect the best interests of the
State of Florida and the health, safety, and welfare of the clients, Whether those
clients are served by the Department directly or through one of its grant
agreement Recipients. The absence of the department setting forth a specific
reservation of right does not mean, that all other areas of the resulting grant
agreement are subject to mutual agreement.
The Department's determination of acceptable set -vices or reports shall be
conclusive.
c. Monitoring Requirements
The effectiveness of the Recipient's performance of services purchased under
this grant agreement will be monitored both programmatically and
administratively by representatives of the department in accordance with existing,
departmental procedures (CFOP 75-8)1. The monitoring will be performed by
review of reports, monthly expenditure statements, and, may be by on -site review
of records, reports, policies, and procedures.
05/01 r2014 Grant Agreen,ent # KPZ14
24
Ernergency Sdutions GranIs Progmn
C. Method of Payment
Cost Reimbursement, Costs associated with carrying out services, under this grant
agreement will be first be paid by the Recipient, The Recipient will submit invoices
for eligible costs to the Department for reimbursement.
I, This, is a cost reimbursement grant. The Department shall reimburse the
Recipient for allowable expenditures incurred pursuant to the terms of this grant
agreement for a total dollar amount not to exceed $76,598-00, subject to the
availability of funds, and the Recipient's required match of 100 percent, This
project is funded by an Emergency Solutions Grant for the homeless from the
U.S. Department of Housing and Urban Development,
2. The Recipient shall request reimbursement on a monthly basis through the
submission of a properly completed Request for Reimbursement, Exhibit D, not
later than twenty (20) days following the end of the month for which
reimbursement is being recluested. Charges must have supporting
documentation attached. The invoice and the documentation must be submitted
to the Grant Manager.
3. Payment may be authorized only for allowable expenditures on the Invoice which
are in accordance 'with, the limits specified in the approved Budget, Exhibit B,
and in accordance with the Recipient's, proposal submitted to the Department of
Children and Families for the Emergency Solutions Grant Program and its
applicable program component.
4. If no services are due to be invoiced from the preceding month, the Recpent
shall submit a written document to the Department indicating this information
within thirty (30) days, folllowing, the end of the month.
5. Financial Consequences
Failure of the Recipient to perform under the terms of the grant agreement and
pursuant to Chapter 201-154, Laws of Florida and section 215.971(1)(c), Florida
Statues shall result in a financial penalty being assess on the Recipient, The
Department, after determining the absence of mitigating circumstances, shall
assess a penalty of 2% of the monthly invoice for any month of noncompliance.
The amount will be deducted from the payment for the noncompliant month, if
the failure occurs at the end of the grant agreement term, the Recipient will be
penalized 2% of the last invoice to be reimbursed or the last invoice that has
been reimbursed by the Department, The Recipient shall make payable to the
Department the amount of the penalty within 30 days after being notified in
writing by the grant manager. If the Recipient fails to reimburse the Department,
the Department has to the right to refuse to grant any new grant agreement or
conitract awarded through the Department for any services, until, said
reimbursement is received,
05/0V2014 GrantAgreement# KPZ14
25
ErnergencY Solufions Grants Program
6. Supporting Documentation Requirements
Documentation of all expenses incurred under a cost reimbursement grant roust
accompany the properly completed invoice. Documentation includes, but is not
limited to the following:
a. Professional Service Fees on a time/rate basis. The invoice must
include a general statement of the services being provided. The time
period covered by the invoice, as well as the hourly rate times the number
of hours worked, must be stated. Supporting documentation must be
included detailing the hours represented on the invoice. Such
documentation should include timesheets or a time log and copies of
canceled payroll checks. The Stote's Chief Financial Officer (CFO)
reserves the right to require further documentation on an as needed basis.
b. Postage and Reproduction Expenses. Purchases made from:, outside
vendors must be supported by paid invoices or receipts. Purchases for all
in-house postage (e.g., postage meter) and reproduction expenses must
be supported by usage logs or similar documents.
c. Expenses. Receipts are required for all expenses incurred (e.g., office
supplies, printing, long distance telephone calls, etc.)
d. Travel. For all travel expenses, a department travel voucher, Form DFS—
AA-15 (State of Florida Voucher for ReinibUrsement of Traveling
Expenses) must be submitted. Original receipts for expenses incurred
during officially authorized travel (items Such as car rental and air
transportation, parking and lodging, tolls and fares) are required for
reimbursement, Subsection 287.0!58(l)(b), F.S., requires that bills for any
travel expense shall be submitted in accordance with s. 112.061, F.S.
governing payments by the state for traveling, expenses. CFOP 40-1
(official Travel of DCF Employees and Non -Employees) provides further
explanation, clarification and instruction regarding the reimbursement of
traveling expenses necessarily incurred during the performance of official
state business. ESG funds may be used for travel when such travel is to
HUD sponsored training.
7. Budget Changes. The Recipient must submit to the Department a written
request for budget changes and obtain written approval before a change is
implemented. Such changes between categories may be allowed if the following
conditions are met:
a. There is no change in the scope or objectives of the grant agreement.
b., The changes do not increase or decrease the original dollar amount in
the total budget,
Grant Agreement # KPZ14
05/01/2014 26
Emergency Sdu6ons Graiits Prograrn
c. There is another category in the budget frorn which funds can be
shifted,
d. The changes do not 'involve establishing a new category or totally
eliminating a category.
e. Budget changes which do not meet the above conditions wifl require a
properly executed grant agreement amendment, signed by the
recipient and the department on or before the effective date for
implementation of the specified change.
8. Service Delivery Documentation. The recipient must maintain records
documenting the total number of clients and names (or unique identifiers) of
clients to whom services were provided and the date(s) on which services were
provided so that an audit trail documenting service provision is available. Any
payment requested under the terms of this grant agreement may be withheld
until the evaluation and reports due from the Recipient, and adjustments thereto
have been received and approved by the Department.
9. Match Requirements. Pursuant to Title 24, Part 57,51, Code of the Federal
Regulations, a snatch of 100% is, required on the part of the recipient. The match
requirement may be satisfied by in -kind match subject to the following provisions:
a., The value of materials used to improve/remodel, the fair market rental,
value of the space being utilized for the period and/or the lease expense
paid by the organization or donated to the organization at fair market
value. Volunteer services and donated professional services are to be
valued at their actual fair market value within the community. For the
purposes of the Emergency Solutions Grants Program, suitable match
may be defined a,s any and all current or proposed recipient expenditures
on behalf of the homeless program, so long as they are not other
lb. Emergency Solutions Grant funds or funds being concurrently used as
match, for other grants and projects, Eligible match includes the value of
goods and services, buildings and land, equipment, furnishings, Supplies,
staff, administrative support, volunteer manpower, donations, grants, cash
contributions, and rent, utility, insurance and maintenance expenditures.
The match is to be dollar for dollar. Funds used for Emergency Shelter
Grants match may not be concurrently utilized as match for other grants or
funding sources. Recipient funds used to match; previous Emergency
Shelter Grants or Emergency Solutions Grants may not be used to match
a subsequent Emergency Solutions Grant.
c. There must be specific documentation as to the amount and source of all
matching contributions.
05�0 1 /2014 27 Grant Agreement # KPZ1 4
Ern erg&,jcy So[utions Grants PrograM
d,, Matching funds must be providied after the date of the grant agreement is
executed.
9, This grant agreement 'is exempt from the MyFloridaMarketPlace Transaction
Fee in accordance with Rule 60-A1,032(1)(d), F.A.O.
1., Mandatory Reporting Requirements
The Recipient and any subcontractor must comply with and inform its employees of
the following mandatory reporting requirements. Each employee of the Recipient,
and any subcontractor, providing services in connection with this grant agreement
who has knowledge of a reportable incident shall report such incident as follows: (1)
reportable incidents that may involve an immediate or impending impact on the
health or safety of a client shall be immediately reported to the Grant Manager; and
(2) other reportable incidents shall be reported to the Department's Office of
inspector General by completing a Notification/investigation Request (Form CF1934)
and emailinig the request to the Office of the Inspector General at
Jl.us, The Recipient and/or subcontractor may also mail the
completed form to the Office of the Inspector General, 1317 Winewood Boulevard,
Building 5, Tallahassee, FL 323919-0700' or fax to 850-4881-1428. A reportable
incident is defined in CFOP 180-4, which can be obtained from the Grant Manager.
2. Dispute Resolution
It is expected that the Recipient and the Department will agree to cooperate in
resolving any differences concerning performance or in interpreting the grant
agreement, Within five (5) working days of the execution of a grant agreement for
services, each party shall designate one person to act as its representative for
dispute resolution purposes, and shall notify the other party of the person's narn
business address and telephone number. Within five (5) working days from, delivery
to the designated representative of the other party of a written request for dispute
resolutions, the representatives will conduct a face-to-face meeting to resolve tile
disagreement amicably. If the representatives are unable to reach, a mutually
satisfactory resolution, the representatives shall make recommendations to, the
Secretary who, has final authority to resolve the dispute. The parties reserve all their
rights and rernedies under Florida Law.
a. Definitions. As used in this clause —
"Employee assigned to the grant agreement"means all persons employed during,
the grant term by the Recipient to perform work pursuant to this grant agreement
within the United States and its territories,, and all persons (including
subcontractors) assigned by the recipient to perform work pursuant to the grant
agreement with the, department,
05/01 /2014 28 rant,Agreement # KPZ14
Emergency SQ11LJfi011S Grants Pmgranl
"Subcontract" means any contract entered into by a subcontractor to furnish
supplies or services for performance of a prime grant agreement or a
subcontract. It inClUdes but is not limited to purchase orders, and changes and
modifications to purchase orders.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes
supplies or services to or for a prime recipient or another subcontractor.
b. Enrollment and verification requirements.
The Recipient shall-
1) Enroll. Enroll, as a recipient in, the E-Verify program within 30 calendar
days of grant award.
2) Verify all new employees. Within 90 calendar days of enrollment in the
E-Verify program, begin to use E-Verify to initiate verification of
ernployment eligibility. All new emp�loyees assigned by the
Recipient1subcontractor to perform work pursuant to the grant agreement
with the DCF shall be verified as emiployment eligible within 3 business
days after the date of hire.
3) The Recipient shall comply, for the period of performance of this grant
agreement, with the requirement of the E-Verify program enrollment.
5) The Department of Homeland security (DHS,) or the Social Security
Administration (SSA) may terminate the recipient's enrollment and deny
access to the E-Verify system in accordance with the terms of the
enrollment, In Such case, the recipient will, be referred to a NHS or SSA
suspension or debarment official,
6) During the period between termination of the enrollment and a decision by
the Suspension or debarment official whether to suspend or debar, the
Recipient is excused from its obligations under paragraph (b) of this
clause, If the suspension or debarment official determines not to suspend
or debar the recipient, then the recipient Must reenroll in E-Verify.
c. Website informatiom Information on registration for and use of the E-Verify
program can be obtained via the Internet at the Department of Homeland
Security Web site: bttp.�//www�jhs- �ov/E-V�erif
d. individuals previously verified. The Recipient is not required by this clause
to perform additional employment verification using E-Verify for any employee
whose employment eligibility was previously verified by the Recipient throuigh the
E-Verify program,
e. Individuals performing work prior to the E-verify requirement. Employees,
assigned to and performing work pursuant to this grant agreement prior to
05/0112014 Grant Agreement # KPZ14
29
Emergenq So&uq,,>n)s Gr-mLs Prograin
February 04, 2011, do not require employment eligibility verification, through E-
verify,
f, Evidence. Evidence of the use of the E-'verify system will be maintained in the
employee's personnel file,
g, Subcontracts, The Recipient shall include the requirements of this clause,
including this paragraph (g) (appropriately modified for identification of the
parties), in each subcontract."
4. Health Insurance Portability and Accountability Act
In compliance with 45 CFR s.164,504(e), the Recipient shall comply with
the provisions of Attachment IV to this grant agreement, governing the
safeguarding, use and disclose :re of Protected Health Information created,
received, maintained, or transmitted by the Recipient or its subcontractors
incidental to Recipient's performance of this Contract. The provisions of
the foregoing Attachment supersede all other provisions of Attachment I
regarding HIPAA compliance,
E. List of Exhibits
1. Exhibit A, HUD Homeless Definitions, Recordkeeping Requirements,
2. Exhibit B, Budget
3. Exhibit 132, Budget Narrative
4. Exhibit C, ESG Minirnurn Habitability Standards Checklist
5. Exhibit D�, Monthly Request for Reimbursement
Grant Agreement # KPZ14
05/01 (2014 30
Erner,,jency Solutions Grants, Prograrn
4. Awl . ....a ,.
I n di-M rj a I or f-,�m &y I&I ho �a Ckr.s a re u ar, a Id adequate
mghnme re' idencse, freafliJlt,
Category L -a Iy �1v�3E a primary nighttjm� rtsjdence Mat r5 8 *D5, or
Hunt ie 55 prr,rzie o4ce, not rneant for human habrtathan, jjl vs ,oja u, a p Ui,� m E y cr p,f r; at s, ly cp L rand 511 e 11. r
der-,qnated -,o provide tenipor ry h�irq 8nBMniellU
I m6udinZ �on lritat,- shOteTS, hQuSin-., and
kbcrora ;and mctIs Ppkj jca 1�-V r.har,,,t�bde cTgani:auonz or
lyy fcderal, State and I,Ncai gowernmant progranls��
, I Qr
Ls pxrfinan intiTutjcn wvhera hass re:kded for 90 day
or f�s arid v,fio esidtd in an shefter or Place
n0t Mi,qnt for h=arj haiprtati,orl 0717,-IdiatelY be-lcte
entering TJIa*, institu-tion
2 Individu all or em j ly ,P� n,o, vj rn wi ant �y I Ose I th Of grin ma ry
nighttirne esidenci, pry vcoded that'
LSE Ca.tegory MrrdineRt rd5k, of jig F�e5WPrvne wd I b- jo�-, wthin :L4 days of th�,,da jte-z"o�f
L 0 2 RD Mele,:5:snia,5 appkaiian, roz, honleke,,s a�s�Llznce�
_L
L fd� No rjbssquen' res;denrp hpsbeen identlfied;jnd
< 0 Iiji) " h- individual orfarnfly BrJthe resourci>- or pJppw<rt
EE= netwcs*,needed to obtam other pemi�snent tP::,Ij5in6I,
LIJ
1131" Unaccompanled yju-,p un-drerZ-; vea'SO- age', or fars,liesvdj h
&6idrenqTjd youth, whoft rot orne-hse qudrt?8
Category Homunder unde, tnm definkon, bulvvho:
U- other Fer era' 'I"S de-5ned as unj?r thin ,ether "ed,. aj
U-1 s73 t U-,�
grasp xa ve not had a lase, owner.,Np in east„ or f-mo:cuPa,'I--Y_1
aqent in parmanent huo:kng durinS. the 60 da,'O Pr=
to stie hcrru4ie,�S as,511ftance
Kave expcjrteLj,_-Ed az nipasuv�dl bv two
or I Aa'
, jore ourjfg in tm pre! (,.�dgn - ',
kq Can ,.pert ,id -,o c0ntMue con sjjch straws for an ey.*Lmdad
per f,sod of 6r,,,P duo- to ,p-6al needs or barriers
t41 Any mdiw-,dual or �zm'ry who
1a fieejrq, Or i'S MIIMPting M f5Ee, d'tqlle-ltsC
Category KaL no tstner-
4 Attempting to fifll L3B the retourze, Or'suPpwor, notvuDrt,u; to notam other
Flee DV p-rmanen- housing
0510112014 Grant Agreement # KPZ14
31
Erruergency SdUtjons Grants Pwgrarn
0
-110
6-1,
'0
—
WF
—M-h,
led
Tn—mdrvidu'aB Of -a"nilY vlhO,
Ci�:•iazan a n n Li a B ircorn E b,a ow L,3 L� of me d] a r, f arril"Y
income, forthe are-kLla
't
iii) Does n vt ha e s u ff5ci ent re 5o tirc es or s upp ort
n etwo rk�� imM-e 61 a' , a),'a i � a VA e to p r even t thp Fn rro rr
mo�ir� to an frrergenc� sheter or another p,av-
defm&nr. Ca,PflaIrY 1, cfth.,, definmon,
ILQ
(5i) MR -et" ore Ofthelolic-oing oondi$lom;�
(A� Has rcicnpad becawe ofpconorrik., re3soms 2 of
rnor» rjBjjes Juririg the 6,9 day-Imm41ateh�
py,aceding the appijcBtior, for 2s-'ISIancs—M
(B)bs living in the horne,,)f 3no-h&r becaU5,, Of
V)
0--conomk� Mrd.0-1p; L'a
V�
Uj
(C) Has been noffied that helt ri.,-ht tc, oc�c-jFYV thedr
z
z
VI
Category jndrvidual5 and
current housin.0 or HVIMT S'Ituaticn wKI be
Z
"n
Familie.5
verrnina,,ed,4%"mh'n 21 days after thP datE C4
7
Lu
appsjcatjon for np.
(D) Urves in a hoteor motel and the Lost is nct psid
for by charitabe org-an -,atm ns or by Fed era 1, Sta t
C)¢
LI-
or locai governmnt programs for low-IncOrne
<
indr6duals; �'rr.
Z2
(E) Lives in an SRO or ffidenrj aP3T-,-Mer',t unrt'ill
W
smM6 there r� ddmore than Z per surn C�r i',ive5 in a
lar�--r hou.5ing kjnut mvdnich th�--re ra.sjee more than
on,- and a ha' 9uf'SOIIZ Psr r0139n', LEI
(,-i 11, 9,,cftmg a publicly funded instVCUliOn Or �S'isterr) of
ca
-s charazterls-Jcs
mth jr5tmbi:ivand an, inrlea,r,*-"d risk, r,,-
hjome a:"id anzdfied in 'the r,:ckpi ent'-S
approved Con Plan
Unaccompanied
r child or youth who dol�,s not qu3Br i as hOme:esz under
Category
,b K, d r'� r, and
ths, hortjp�°eas cipfinnion, bul qua'Jfv�.3R55 h0rneleS5 under
'Youth
another Fa�,deral 111atute
I
F'8miliez with
under the Marra ss defier "Zion, tmt qu,-0fic— as
"er't-
Category
Chv,,,dren and
Y_,
humele-7�, under 725,1, 2� o,' th�e IvicKinIncy-Vento
Youth
0 r, Uar
Homelest Azt, and the ParErk-*I or p c dian��')
e
or the, child or,..,outh if o,ith him, ar. her.
05/01/2014 32 Grant Agreement # KPZ1 4
Ernergency Solutions, Grants Proeiram
o
b
anon rm, hQcs iRI9 Or
Llaal
er head of hou5ehotd eVin,
hvmg On utreR,�s or in
n-I
S!�, it r;
Pt7T' n d i-A d,,ja�k,mg 4 r" In5l,"IJb"--one ofthe tau' s of
e",iop,ire above
pape�-wnrk eay ri'feral, or
pmr,-,rd re ,ei�Ox r'f, du�, 1:t
ai,
cb-,°airi abc;e ev�,enr` ZaLl rsrnfiLMi,,%n bi,v
pridrojduai that theY eAtc-d inslltwbc:n
A clu-� zrd,L�,, frorr, a n 8"'irvom action, nctif,,Ong 1h2
ryafor that they Mul' k-,Vda -r
F cis
rwdi,adusi Rnd famf�ies 'Jln or —e virjence
th�, the,,' �r, -hA�r fln,ancia I TeStu,,L�1,5, we
L-r
j
A &l LTj:Irlent ed a rld ffi k c 5 -,3 t art.. R' d
cp-rtrfiF3tlon tha', ric re�5Aence haS t)ep-n Identified;
or 001,ar ,cum m azian Ih
iark, dIF-'f and 5uppor' necoii a ry tD
obtain prrw,k3,qsm houmg
Uj
by t, or
cr rvf; he
",av
the m0vdu� arhad cif househc4d 5eell�nlj, as-�'5tznce - -
& horrale-," m"SS Under anoth�-,� ��t3tutej; 21LO,
Catsgory 3
da'v�,,
jo PH !R aaA 60 ,�L
,F h �.�zej ri L)us rgice ,�d area R ny
5�uppcmmg OLial fslhe has rrwvEd tv,'D or
ors e S I� t E,a e Farr FO dap. � a
"nn
QDUjTn entar �Qjl' sper��3� �jeejs 2 OT mwe barR-75
Of
G u 0 1 d
of the c� head of h ,
,nent
A,rt, jrat 5tale,
hic h �,tgt�ta a rs fi e,�Im t� tOeV haV" nD
eErig, .3s�i.-nant�, an,
up,,t reIdenc�, arid 'flleY
musl weedocurnemad by a -cev ficBbon or @ cenzficwt�vn b�
the irr'aktl
r,�Ir mon-vic-l'im
:,ndividua: or nearl ofhousehold
z-sistzncc t.hat they are flPe�TPE. This's,t I hd 0 c UI ne nt�J
Ittrlr of b the a3fe'Iv,
a eif-c,2?jifcavon k
ir,c, indNidua� r)r fami�y no , jeui:zard[,,pd I the O-at
�t alarn e N mu 51 oe ,rerHF.Pd, =d
by'Se od'i',4d1ja� or of hai�5"^,hold that Pam
„,ubs-quent -�,tAr,111rS hab.eT�irt.r.rr+e�and
uLert---Srtffkztten, or rW,ler pvrltten that thL
,,3r firnity "ad ks the finan,'jaG re5OUTC12S and Simport
-,f2 Dt-g�,,m other permAr�-�ni hoLnlng.
Grant Agreement 9 KPZ14
05/01 /2014 33
70F< U
EMERGENCY SOLUTIONS GRANT
ELIGIBLE GRANT
ACTIVITIES FUINIDIN:G
1, Rapid Re -Housing $28,000,.00
ARental Assistance
B, Financial Assistance Costs $15V990.00
C. Services Costs $ 980.00
2, Homeless Prevention
k Rental Assistance $22,500.00
BFinancial Assistance Costs $ 3,000.00
CServices Costs $ 620�00
3, HMIS J$ 3,200-00
4, Administration � $ 3,298-00
Total Budget $76,598-G!
34
KPZ14
ON 11111 !111 11 11 11111 � 11; 11
This funding, in the amount of $76,598,00 Will enable LIS to (serve approximately 30 eligible households
that are in danger of losing perr-ranent housing or assist there in securing housing,
1) Rapid Re-Houring
A. Rental Assistance $28,000.00
(Assist approximately 15 Households at average of $1,866.67)
B. Housing Relocation and.5tobilization
Financial Assistance Costs $15,000.010
(Assist approximately 15 Households at average of $1,000.0!0 per Household for
security deposits)
C. Service Costs $ 980.00
(Three case managers time utilized to perform the above assistance -average time
approximately 7% of their 40 hour work week)
A. Rental Assistance $22,500.0'0
(Assist approximately 15 Households at average of $1,500.00 per Household)
B. Housing Relocation and Stabilization
Financial Assistance Costs $ 3,000.00
(Assist approximately 15 Households at average of $200.00 per Households for
utility bills, deposits)
C. Services Costs $ 62'0. 00
(Three case managers time utilized to perform the above assistance -average time
approximately 7% of their 40 hour work week)
3), HMIS
A. Cost of contributing data to HM'IS for CoC $ 3,200.00
($2,400.00 for 2 HMIS/Chent Track user fees - $1,2001.00 per user per year and
$8.00 in staff salaries for the data entry)
4) Administrative Costs (cap 4.5%)
A. Local government $ 3,29a . 00
(Staff time consisting of Sr. Administrator, Compliance Manager and Director -
approximately 3% of their 40 hour work week)
35
J
About this Tool
The Emergency Solutions Grants (ES) Program Interim Rule establishes different habitability standards
for emergency shelters and for permanent housing (the Rapid Re -housing and Homelessness Prevention
components).
Emergency Shelter Standards.
Emergency shelters that receive ESG funds, for renovation or shelter operations must meet
the minimum standards for safety, sanitation, and privacy provided in §576.403(b),,
In addition, emergency shelters that receive ES G funds for renovation (conversion, major
rehabilitation, or other renovation) also must rneet state or local government safety and
sanitation standards, as applicable.
Permanent Housing Standards. The recipient or subrecipient cannot use ES G funds to help a
program participant remain in or move into housing that does not meet the minimum
habitability standards under 576.403(c). This restriction applies to all activities under the
§
Homelessness Prevention and Rapid Re -housing components.
Recipients and subrecipients must document compliance with the applicable standards. Note that these
checklists do not cover the requirements to comply with the Lead -Based, Paint requirements at
§576.4,03(a). For more discussion about how and when the standards apply, see ESG Minimum
,Standards for Emergency Shelters and Permanent Housing, located ___�L),Ll re Djr-.1—Le
at ht
The checklists below offer an optional format for documenting compliance with the appropriate
stanclards. These are intended to.
1. Provide a clear summary of the requirements and ain adaptable tool so recipients and
s,ubrecipients, can formally assess their compliance with HUD requirements, identify and carry
out corrective actions, and better prepare for monitoring visit's by HUD staff.
I Provide a tool fora recipient to monitor that its subrecipient is in compliance with HUD
requirements, Where non-compliance is identified, the ESG recipient can: use this information to
require or assist the sub�recipient to make necessary changes.
Prior to beginning the review, the subrecipient should organize relevant files and documents to help
faicilitate their review. For instance, this may include local or state inspection reports Mire -safety, food
preparation, building/occupancy, etc.), or policy and procedure documents related to emergency shelter
facility maintenance or renovations.
Carefully read each statement and indicate the shelter's or unit's status for each requirement (Approved
or Deficient). Add any comments and corrective actions needed in the appropriate box. The reviewer
should complete the information about the project, and sign and date the form. This template includes
space for an "approving official," if the recipient or subrecipient has designated another authority to
approve the review. When the assessment is complete, review it with program staff and develop an
action plan for addressing any areas requiring corrective action.
36
F42MM10
Instructions: Place a check mark in the correct column to, indicate whether the property is approved or
be
deficient with respect to each standard, The property must meet all standards iin order to approved.
A copy of this checklist should be placed in the client file.
. . . . .. . ............... . ............. . . . ... .. ......... .... . . ...... . ....... ...... ........ . . . .. ...... ... .... . ..... __ ____ . . . .. ...... . ...... . . ........ . . . . ..... . .......... . . . . ... .... ...
Standard'
Deficient
(1124 CFR port 5 76,403 (c))
-.1111, - . .. . . . .........
.. ............. .11111_1 . .... ...
L Structure und rnaterials: The structure is structurally sound to protect the
residents from the elernents and not pose any threat to the health and
sidents.
safety of d s e re. . . ......... .. .... . ...... . ..... ------ . .. .. . .............
........ . ........... . . ....... ..
2. Space and security: Each resident is provided adequate space and security
for themselves and their belongings. Each resident is provided an
acceptable place to sleep. . . ......
. . . . .......... ...... . ......... . ......... .. . .... . ........ . ... . ...........
3. Interior air quality: Each room, or space has a, natural or mechanical means
of ventilation. The interior air is free of pollutants at a level that might
threaten or harm the health of residents.
. .. . ... .............. . . .... 111111111-- . . . ... ....
.. ....... .
. . . . . .. . ...... . .................... ..... . .
4. Water Supply: The water supply is free from contamination.
free
... ....
... ........... . .... . . . 1111- . . .
5. Sanitary Facilities: Residents have access to sufficient sanitary facilities
that are in proper operating condition, are private, and are adequate for
........... .......... ... .............. ... ..... .. .............. ... . .... ... ..... .. .. .. . .. . .............. . . . ..... . .
personal cleanliness and the disposal of human waste.
. ............ .. . . .. ..... ... . . . .. . ... . ........... . . . ........
6. Thermal environment: The housing ha:ls, any necessary heating/cooling
facilities in proper operating condition,
. . ....... . ........
7. Illumination and electricity: The structure has adequate Inaltural or artificial
illurnination to permit normal indoor activities and support health and
safety. There are sufficient electrical sources to permit the safe use of
electrical appliances in the structure.
. . ...... . ... . ... . . .. . ..... . .......... . .....
& Food preparation: All food preparation areas contain suitable space and
equipment to store, prepare, and serve food in a safe and sanitary
manner,
... ..... ..... . . ............. . .. ..
. ... . .. . ... ................ . .. . ...... . . .
9. Sanitary condition: The housing is maintained in sanitary condition.
. . ........ .. . . . . ..... ........ ..
1.0. Fire safety:
a. There is, a, second means of exiting the building in the event of fire or
other emergency.
b. The unit includes at least one battery -operated or hard -wired smoke
detector, in proper working condition, on each occupied level of the
unit. Smoke detectors are located, to the extent practicable, in a
hallway adjacent to a bedroom.
c. If the unit is occupied by hearing" -impaired' persons, smoke detectors
have an alarm system designed for hearing -impaired persons in each
bedroom occupied by a hearing -impaired person.
d. The Public areas are equipped with a Sufficient number, but not less
than, one for each area, of battery -operated: or hard -wired smoke
detectors. Public areas include, but are not lirnited to, laundry rooms,
day care centers, hallways, s,tairwells, and other common areas.
. . .... .
. . . ....... .... . . ..........
.
11. Meets additional red pie nt/subred pient standards (if any).
. . . .. . ..... .... .... ............. . ....
37
KPZ14
i,f, �10 �
7, 1 certify that I have evaluated the property located at the address below to the best of my ability, and
find the following:
Property meets all of the above standards.
E. I Property does not meet all of the above staindards,
ESG Recipient Name:
ESG Subrecipient Name:
Program Participant N�ame:
Street Address:
Apartment:
Gty: State: -.- Zip:
Evaluator Signature: Date of review:
Evaluator Name:
Approving Oifficial Signature (if applicabl:e): . . . .....
� Approving Official Nan'ie (if applicable):
38
KPZ14
111ARM
Providers Monroe County
Emergency Solutions, Grant Contract # KPZ14
Address; 500 Whitehead Street
Key West, FL 33040
FEID: 59-6000749
Reporting Period:
. .. . ...... .. ........ . .........
......... ....
. . . ........ . ........... . ...... ...
Approved
..... . ... . ............
Amount this Total Budget
Line Items
Budget
Invoice Expenditures to
Remaining
. ... . .. ... .... ....... . ........... ..
.
. . .
. . ... . ............. . .........
Dote
. . . ................. . . .
. .........
Rapid Re -Housing
. . . ..... . .......
.. ........
Rental Assistance
$28,00000
. .. . .....
Financial Assistance Costs
. ... . .
$1S,000.00
..............
...... ....
. ...... . . ....
. . ...
_1.'.__ .... . ........... .. ........... .... .. ...... . . ... . ...
Services Costs
.. . . . .
. ...... ..
................... . .. ... ........... . ..............
$ 980,00
. . .
. . ..... . .. . ............... ......
. . .........
.... ....... . . .. .................... . ..........................
Homeless Prevention
— ---------
............. . .......... .....
. . . . .
... . ........ .............
Rental Assistance
.. . . .... . . .. . ...... . . . .......
$2�2,5010�0
. . ... . ..
....... ......
Financial Assistance Costs
$ 3,000.0�O
. . . ...... __ ... . ....... . .... .
Services Costs
.
.................
62000
. .
. .. . .... .... ...... . ...... —1.1111.11-1
. . .. . ............... . .
... .... ..... .. ......
HMIS
$ 3,20000
.... . ....
. __ . .... ...... . ......... .
Administrative Costs
. ... . ..... . . . . ...... .. . ....
... . .... . . ... . . ..... ...
$ 3,298.00
. . .
. . . . .
. . . . . .............. ........ . .....
. . . ... .. . ........... . ............. ..... ...
. . . .....
TOTAL
... ...
. ............
$76,598.0�O
. . . . . ........... .
. - ----- --
I
I hereby certify that the above report is a true, accurate and correct reflection of the activities of this period; and
that these expenditures reported are made only for items that are allowable and directly relate to the purposes of
this referenced contract.
Signature of Provider Agency OfficW Title of Provider Agency Official
ATTACIAMENT 11
The administration of resources amarded by the Delmartment orc,liddren & Families to the providermay be
subJecr to audits as descril,)ed in this attachniem.
MONITORING
Ira addition w reviews ot'audits condUcted in accordan cc with OMB CirCLIkIr N- 133 and Sect ion 215.97,
F.S., as revised, the department may monitor or conduct ovc�-sight reviews to evaluate compliance with
contract, mil Ila gernent and proguammatic requirements. Such monitorim, or other oversight procedures
mav include, but not be limited to, on site visits by deparmient staff, limited scope audits as defined by
OMB Circular A- 133. as revised, or other procedures, By entering into this agreement, the recipient aorees
to comply and cooperate with any nionk.orin- procedures deemed appropriate by the c1cpartment. 11" the
event the department determines that a hinited scope audit ofthe recipient is appropriate, the recipient
agrees to comply with any addidomal instructions provided by the department regarding such audit. The
recipient further agrees to comply and coolvrate with any inspections. reviews, investigations. or audits
deemed necessary by dic department's inspector ceneral, the state's Chicfl'inancjal Officer or the Auditor
GeneraL
AUDITS
PART 1: FEDERAL RE.QUIREMEN-rs
This part is applicable if the recipient is a State or local r<mvernnmcumtig a non-profit organization as defined
in OM13 Circular A- 131 as revised.
In the event the recipient expends S50,0.000 or more in Federal awards dILIF4111I its Fiscal year, the recipient
must have a single ()I- prograni-specific audit ccmducted in accordance with the provisions of(YMB Circular
A- 133. as revisLd. "Phe recipient agrees tcm provide as copy of the stun 111C MIR to the Departnient's Single
Audit Unit and its contract riiamloer. In the event the recipicrit expends less than S500.000 in Federal
awards dt,16110 its fiscal YCai-, the recipient agrees to provide certification to the Departinent's Single Audit
L.Jim and its contract inanacier that a single audit was not re(JUired, In determinint, the Federal awards
expended during its fiscal year, the recipient shall consider all sources offecleral awards, including Federal
ro'(Mrces Nceived fi-on't the Department O'Children & Families, f-ederal government (direct), other state
a-encies. and officr non -state entitics. The deterniination of amounts of1ederal awards. expended shoukl be
in accordance With gUidelines established by ONIB Circular A- 133, as revised. An aUdiL of the recipient
COMILIcted by the Auditor General in accordance with (tic provisions of'(,)Nwl]3 Circular A-1 33, as revised.
will rneet the reqUirC111CIVS of this part. III connection with the above aUdk requirements, the recipient shall
fulfill the requirements rclaiive to auditee responsibilities as provided in Subpart C ol'OMB 01-CUlar A-
133, as revised.
The schedLde ofexpenditures, shoOd disck)e the expendijILITTS by COutraCt nurnber R)r each contract with
the departntent In efTect during the atidit period- The I'mancial staternent.s shouId disclose whether or not
the inatchinu, requirenient wvas mct For each applicable contract. All questioned costs and liabilities due the
department shall be fiffly disclosed in the audit report package with reference to the specific contract
tutu utr'rm fret.
Single Audit Information for Recipients of Recovery Act Rffld,,,',:
(,a) To maximize the tramparencv and accountzibihty of' ftinds authorized under the Anierican Recovery and
Reinvestment, Act (if 2009 (Pub. 1_ i 11 5) (Recovery Act) as required by Congress and in accordance Mill
4o
KPZ 14
2 CFR 2 15,2I "Uniform Administrative Requireolens for (iffants and Agreements" and ON413 Circular A -
102 Common Rules provisions, recil)ie"L� aarce to niaintain records that identify aciecluately tile sOUT-ce alld
, j Act l"Linds, ONIB Circulai A 102 is available
pplication of'Recovet
rs/a I 02'a I 02.hwil�
III [p:'1/,A ww. white I I 0I, Ise �gm,,'omb/c ircu I,a
,
(1)) heirpecipietits covered by the Single Audit Act Amendnients off 996 and OMB C[rculai A13",
7
-Audits ofStates, I ocal Governments, and Non -Profit Organizations,- recipients a-1,'ree to Separately
identify the expenditures for Federal awards under the ReLo"Cry Act on the Sche(kk, ol'Expenditures of'
l"eder,'d ANxardsthe Data Collection Form (SF- SAC) r"juired by ON113 Circular A 133OMB
Circular A 133 is mailable at 131fitnil. This shall be
accomplished by identifyin1g, expenditures for Federal a'wards made under the Recovery Act separately on
the SETA, and as, separate rows ander itelli 9 of ipQjrt 111 (!)n the SF SAC by CFEM nUmber, und inclusion Of
the prefix -ARRA-- In identifying the name of tile Fcderal program on; the SETA and
as die first characters, in Item 9d of Par -I III oil the S1 AC.
(c) Recipients agree to separately identify to e,-jcji sLabu-ccipicnt., and document tit tile time of subaward 'and
-a] award number. CFDA number. and aniount of Recovery
at the time of'disbwsement of funds, the Fodei
Act funds. When a recipient awards Recovery Act funds for atl cxjqjj,Iu pro(-n-mli. tile inforination furnished
to subrecipients shall distinguish the subtwal'cls of uncrcmcnlal Recovery Act funds fi-mil
regukar subawards under the existing progran,a.
Z�
(d) Recipients agree to require their subrecipients to include on their SEFA, information tospecil-ically
identifay Recovery r,Net funding simi lain- to the requiremertis fc)r the recipient SEI, A described above. This
kif'orniation is needed to allow the recipient to properly mot)jtor- subt-ecjpient expenditure ot'ARRA funds
as well as oversight by the Federal awarding aF, n"IeIltclicies. ()ffices of frtspector General and the Gove,-
Accountability Office.
PAIII'll: STATE REQUIREMEN TS
]"It is part is applicable if the recipient is a rionstate entity as defined by Section 2 15,97(2), Florkia Statutes
In (lie event the recipient expends $500,000 or more in state financial assistance during its fiscal year, tic
recipient must have a State single or pro-ject-specific aucM conducted in accordance with Section 2 f 5.97,
Florida Statutes: apphezable rules of"the Department of Financial Services:, and Chapters 10,550 (local
goverijillental entities} or 10.650 (nonprofit and for -profit Rules of Auditor General. 'File
recipient agrees to provide a copy ofthe sin -le audit to the Department's Single Audit Unit and its contract
manager, In the event the recipient expends less than $500,0(t() in State financial assistance di.ffin- its fiscal
year, the recipient agrees to provide certification to the E)epartille [it's Single Audit Unit and its contract
F
manager that a single audit was not required. In detennirtnlo the staw financial assistance expended
during its fiscal year. tile recipient shall consider al I sources of state financial assistance, includino state�71
financial assistance rcceiw(ed from the Department of Children & j-'anjilies. (,)ther stautc apencies. and other
nonstate enthies. State financial assistance does not include Federal direct or pass -through awards and
resources received by as nonstate entity for Federal program maIching, requirements,
In connection with the audit requirements addressed in the preceding paragraph, the recipient ,,,hall ensure
1hat the aLldit COMPUS with the req k tire nlents of Section 2 1 5.97t8). 'f"lorida Statutes. Dis includes
submission of a financikfl reporting package as defined bN Section 2 15.97(2), Horida Statutes, and Chapters
10.550 or 1 O),650., Rules of tile Auditor General,
The schedule ofexpenditlfl-CS should disclose the expenditures by contract number for each contract with
the department in effect during, the audit period. ]'Ile financial ,,,Latenlents should disc lose whether or not
the matching rTqUif-Cnlellt "42s triet for each appljc�abie contract, AH questioned costs and liabilities (ILIC the
departnient shall be fully disclosed hi the audit report package wiih ref'erence (a the specific contra0
nuiliberTART III: REIPOP,"T' SUBMISSION
KPZ14
Any reports, management letters, or Other intorma(ioll requircd to be submitted to epic department PLH-Rlant
ofthe pi-ovider's nsca� year or "Pkhiii 3�O
to this agreement shall be submitted +vifllin N 80 dMs afte" Ole crab
-ecip�enl's receipt 01"the audit report, N%hiche�er occurs first, dirediv to CaCh Of the UlOvv1u—�—'
days oftlic i
unless otherwise required by Florida Statutes:
A, Contract manager f'W- thus COVIIXact (1, COPY)
B. Departmem of Children & Failiflies ( I electronic cOPY and management letter, if issued
Office of t lie I rispector Cieneral
Single Audit Unit
BUildino 5, Rooili 237
n
1317 Winewood Boulcvard
TaHahassec. FL 32399-0700
Em-ail address:
C. Reporting packages f'or audits conducted in accordance with ON413 Circular A- p 33, as revised, and
required by Part I of'this ,igreen'ient shall be submitted, when required by Section .320(d), OMB
Circular A- t 33, as revised. 1,,)N, or on behalf of the recipient direc( to the Federal Audit Clearinghouse
— - — -------
Using the Federal Audit Clearinghouse*s Interuct r.)ata E:ntry System at:
and other Federal agencies arid pass- till-ou-11 eiltities, in accordance with Sections .320(e) and
revkcd.
OMB Circular A-l.�,) as
1). (:opies of'reporting packages required by Part It ofthis agreement shall be subinived by or oil behalf
of' the recipient, dire t � to the tbllow im, addressu
I— --- 1P
Auditor (Jeneral
Loca➢ GovernTimrit Audits,1112
4.1aude Pepper Building, Room 401
Z,
I I I West Madison Street
'Fallahassee, Florida 32399-1450
Eniail address: flaudgen I ocai go v u'�,,aud. sl ale, 11 us
I -
Providers, When SUbinittinla audit report packages to the deparonent for audits done in accordance will,
Z—
OMB Circular A-1 33 or Chapters 10.550 (local govmirriental entifies) or 10.650 (nomprofit or for -profit
organiza6ons'), Rules of the Audilor General, ShOUld include. when available. correspondence 1rom (lie
-t packqe was delivered to them. When such correspondence is
,,iuditor indicating tlw date the aUdit repw Z�
riot available, the date that the audk report package was clefivered by the auditor to the provider must be
indicated iii correspondence submitted to the department in accordance with Chapter 10.5580) or Chapter
10.657(2), Rules cif the AUditor Cieneral.
PART IV: I'U"CORI) RETEINTION
The recipient shall retain sufficient records deMonstratirly its compliance with the ternis Of this aoreement
for a period of'six years Crom dice date die audit report, is issued aritt shaH allo,,w the department or its
desi-nee, Chief Financial Officer or Auditor General access to such, records upon request'I"he re6picnt
Shall etISUN that aUdit w,vorkjng papers are rnade available to jile (lepart uien t c.rr its designee. Chief Financial
zOfficer or Auditor General upon request for as period of three years from the date the audit report is issued,
Unless extended in writing, by flic department.
42
KPZ 14
Attachment � I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE 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 an employee
of any agency, a member of congress, an officer or employee of congress, or an employee of
a member of congress in connection with the awarding of any federal contract, the making 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 coloperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LILL, "Disclosure Form to Report Lobbyong," in,
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at al;l tiers (incluiding subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code, Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and,
not more than $1 O�0, 000 for each such failure.
Siynature
Roman Gastesi, Coup Administrator
Narne ot Authorized Indmdirat
Monroe _g2un�t
Narne of Organization
1: 100 Simonton Stre
Address of Organization
Suite 190, Key West, FL 33040
KPZ1 4
Apphr,atiOn or Contract Numbei
CF PDF 03196 Page � 5
ATTACHMENT IV
This, Attachment contains the terms and conditions governing the Provider's access to and use
of Protected Health Information and provides the permissible uses and disclosures of protected
health information by the Provider, also called "Business Associate,"
1.1 Catch-all definitions:
The following terms used in this Attachment shall have the same meaning as those
terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set,
Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy
Practices, Protected Health Information, Required by Law, Security Incident,
Subcontractor, Unsecured Protected Health Information, and: Use.
1.2 Specific definitions:
1,21 "Business Associate" shall generally have the same meaning as, the term
`"business associate' at 45 C F R 160, 103, and for purposes of this Attachment
shall specifically refer to the Provider. s, the term "covered
1.2.2 "Covered Entity" shall generally have the same meaning a
entity," at 4:5 CFR 160,103, and for purposes of this Attachment shall refer to
the Department.
12.1 "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164.
124. "Subcontractor" shall generally have the same meaning as the term
subcontractor" at 45 CFR § 160,103 and is defined as an individual to whom a
business associate delegates a function, , activity, service , other than in the
capacity of a member of the workforce of such business associate.
Section 2. Obligations and Activities of Business Associate
2.1 Business Associate agrees to:
2.1,1 Not use or disclose protected health information other than as permitted or
required by this Attachment or as required by law;
2.1 .2 Use appropriate administrative safeguards, as set forth at 45 CFR § 164.308,
physical safeguards as set forth at 45 CFR § 164.310, and technical
safeguards as set forth at 45 CFR § 164,312, including, policies and
procedures regarding the protection of PHI and/or ePHI set forth at 45 CFR §
164,316 and the provisions of training on Such policies and procedures to
applicable employees, independent contractors, and volunteers, that
reasonably and appropriately protect the confidentiality, integrity, and
availability of the PHI and/or ePHl that the Provider creates, receives,
maintains or transmits on behalf of the Department;
2. 1 3 Acknowledge that (a) the foregoing safeguards, policies and procedures
requirements shall apply to the Business Associate in the same manner that
such requirements apply to the Department, and (b) the Business Associate's
and their Subcontractors are directly liable under the civil and criminal
44
KPZ14
enforcement provisions set forth at Section 13404 of the HITECH Act and
section 45 CFR § 164.500 and 16402(E) of the Privacy Rule (42 S.C.U-
1320d-5 and 11 320d-6), as amended, for failure to comply with the safeguards,
policies and procedures requirements and any guidance issued; by the
Secretary of Health and Human Services with respect to such requirements;
2.1.4 Report to covered entity any use or disclosure of protected health information
not provided for by this Attachment of which it becomes aware, including
breaches Of Unsecured protected health information as required at 45 CFR
164.410�, and any security incident of which, it becomes aware;
2A,5 Notify the Department's Security Officer, Privacy Officer and the Contract
Manager as soon as possible, but no later than five (5) business days following
the determination of any breach or potential breach of personal and confidential
departmental d�ata;,
2.1.6 Notify the Privacy Officer and Contract Manager within (24) hours of notification
by the US Department of Health andl Human Services of any investigations,
compliance reviews Or inquiries by the US Department of Health and Human
Services concerning violations of HIPAA (Privacy, Security Breach).
2.1.7 Provide any additional information requested by the Department for purposes
of investigating and responding to a breach;
2.1,8 Provide at Business Associate's own cost notice to affected parties no later
than 45 days following the determination of any potential breach of personal or
confidential departmental data as provided in section 817.5681, F.&;
2,1-9 Implement at Business Associate's own cost measures deemed appropriate by
the Department to avoid or mitigate potential injury to any person due to a
breach or potential breach of personal and confidential departmental data',
2AA0 Take immediate steps to limit or avoid the recurrence of any security breach
and take any other action pertaining to such unauthorized access or disclosure
required by applicable federal and state laws and regulations regardless of any
actions taken by the Department ;
2A 11 In accordance with 45 CFR 164.562(e)(1)(ii) and 164.30(b)(2), if applicable,
ensure that any subcontractors that create, receive, maintain, or transmit
protected health information on behalf of the business associate agree to the
same restrictions, conditions, and requirements that apply to the business
associate with respect to such information. Business Associate's must attain
satisfactory assurance in the, form of a written contract or other written
agreement with their business associate's or subcontractor's that rneets the
applicable requirements of 164,504(e)(2) that the Business Associate or
Subcontractor will appropriately safeguard the information. For prior contracts
or other arrangements, the provider shall provide written certification that its
implementation complies with the terms of 45 CFR 164,532(d);
2A,12 Make available protected' health information in a designated record set to
covered entity as necessary to satisfy covered entity's obligations under 45
CFR 164,524;
2AA3 Make any amendments) to protected health information in a designated record
set as directed or agreed: to by the covered entity pursuant to 45 CFR 164.526,
or take other measures as necessary to satisfy covered entity's obligations
under 45 CFR 164.526;
2. 1. 14 Maintain and make available the information required to provide an accounting
of disclosures to the covered entity as necessary to satisfy covered entity's
obligations under 45 CFR 164.528;
45
KPZ1 4
2,1.15 To the extent the business associate is to carry out once or more of covered
entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the
requirements of Subpart E that apply to the covered entity in the performance
of such obligiation(s); and
2AA6 Make its, !internal practices, books, and records available to the Secretary of the
U.S. Department of Health and Human Services for purposes of determining
compliance with the HIP'AA Rules.
Section 3, Permitted Uses and Disclosures by Business Associate
3.1 The Business associate may only use or disclose protected health information covered
under this Attachment as listed below:
3.1A The Business Associate may use and, disclose the Department's PHI and/or
ePHI received or created by Business Associate (or its agents and
subcontractors) in performing its obligations pursuant to this Attachment.
3.12 The Business Associate may use the Department's PHI and/or ePHI received
or created by Business Associate (or its agents and subcontractors) for archival
purposes.
3.1.3 The Business Associate may use PHI and/or ePHI created or received in its
capacity as a Business Associate of the Department for the proper
management and administration of the Business Associate, if such use is
necessary (a) for the proper management and administration of Business
Associate or (b) to carry out the legal responsibilities of Business Associate,
3,1-4 The Business Associate may disclose PHI and/or ePHI created or received in
its capacity as a Business Associate of the Department for the proper
management and administration of the Business Associate if (a) the disclosure
is required by law or (b) the Business Associate (1) obtains reasonable
assurances from the person to whom the PHI and/or ePHI is disclosed: that it
will be held confidentially and used or further disclosed only as required by law
or for the purpose for which it was disclosed to the person and (2) the person
agrees to notify the Business Associate of any instances of which it becomes
aware in which the confidentiality and security of the PHI and/or ePHI has been
breached.
3,1.5 The Business Associate may aggregate the PHI and/or ePHI created or
received pursuant this Attachment with the PHI and/or ePHI of other covered
entities that Business Associate has in its, possession, through its capacity as a
Business Associate of such covered, entities for the purpose of providing the
Department of Children and Families with data analyses relating to the health
care operations of the Department (as defined in 45 C.F.R. §164.501).
3.1.6 The Business Associate may de -identify any and all PHI and/or ePHI received
or created pursuant to this Attachment, provided that the de -identification
process conforms to the requirements of 45 CFR § 164,514(b).
3, 1 . 7 Follow guidance in the HIP,AA Rule regarding marketing, fundraising and
research located at Sections 45 CFR § 164.501, 45 CFR § 164,50�8 and 45
CFI § 164.514.
46
KPZI 4
Section 4. Provisions for Covered Entity to Inform Business Associate of Privacy
Practices and Restrictions
4.1 Covered entity shall notify business associate of any 111mitation(s), in the notice of privacy
practices of covered entity under 45 CFR 164.520, to the extent that such limitation may
affect business associate's use or disclosure of protected health information,
4.2 Covered entity shall: notify business associate of any changes in, or revocation of, the
permission by an individual to use or disclose his or her protected health information, to,
the extent that such changes may affect business associate's use or disclosure of
protected health information,
4.3 Covered entity shall notify business associate of any restriction on the use or disclosure
of protected health information that covered entity has agreed to or is required to abide
by under 45, CFR 164.522, to the extent that such restriction may affect business
associate's use or disclosure of protected health information.
Section 5. Termination
5A Termination for Cause
5. 1, 1 Upon the Department's knowledge of a material breach by the Business
Associate, the Department shall either:
5-1.1.1 Provide an opportunity for the Business Associate to cure the breach
or end the violation and terminate the Agreement or discontinue
access to PHI if the Business Associate does not cure the breach or
end the violation within the time specified by the Department of
Children and Families;
5,1.1.2 Immediately terminate this Agreement or discontinue access to PHI if
the Business Associate has breached a material term of this
Attachment and does not end the violation-, or
51.11 ,3 If neither termination nor cure is feasible, the Department shall report
the violation to the Secretary of the Department of Health and Human
Services.
5.2 Obligations of Business Associate Upon Termination
5.2,1 Upon termination of this Attachment for any reason, business associate, with
respect to, protected health information received from covered entity, or
created, maintained, or received by business associate on behalf of covered
entity, shall:
5.2.1.1 Retain only that protected health information which is necessary for
Business Associate to continue its proper management and
administration or to carry out its, legal responsibilities„
5.2, 11 . 2 Return to covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the remaining protected health information that the Business
Associate still maintains in any form;
5.21.3 Continue to use appropriate safeguards and comply with Subpart C of
45 CFR Part 164 with respect to electronic protected health
47
KPZ14
information to prevent use or disclosure of the protected health
information, other than as provided for in this Section, for as long as
Business Associate retains the protected health information;
5,2.1.4 Not use or disclose the protected health information retained by
Business Associate other than for the purposes for which such
protected health information was retained and subject to the same
conditions set out at paragraphs 3.1.3 and 3.1.4 above under
"Permitted Uses and Disclosures By Business Associate" which
applied prior to termina,tionb and
5.2,1.5, Return to, covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the protected health information retained by business associate when
it is, no longer needed by business associate for its proper
management and administration or to carry out its legal
responsibilities.
5,2.1,6 The obligations of business associate under this Section shall survive
the termination of this Attachment,
Section 6. Miscellaneous
6.1 A regulatory reference in this Attachment to a section in the HIPAA Rules means the
section as in effect or as amended. Attachment from
6.2 The Parties agree to take such action as is necessary to amend this
time to time as is necessary for compliance with the requirements of the HIPAA Rules
and any other applicable law, . Any ambiguity in this Attachment shall be interpreted to permit compliance with the
63
HIPAA Rules.
48 1PZ14