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Item C03
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/11/2013 Division: Deputy County Administrator Bulk Item: Yes X No Department: Social Services Staff Contact Person: Sheryl Graham A24?A�M/A 13 (305)292- 4511 ///x/ � L,---" AGENDA ITEM WORDING: Request approval of the Alliance for Aging, Inc Standard Contract, Older Americans Act (OAA) Contract AA-1429 between the Alliance For Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services/In home and nutrition programs) for the current contract period of 1/1/14 to 12/31/14. ITEM BACKGROUND: Approval of the Older Americans Act (OAA) contract will continue to provide Respite Services, Material Aid and Educational Services, Congregate Meat and Home delivered meal Services to Monroe County's elderly and needy citizens. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted for Amendment #008 and Amendment #009 to the Older Americans Act(OAA) Contract#AA-1329 on 11/20/2013. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $431,557.01 BUDGETED: Yes X No COST TO COUNTY: $57,950.87 in kind and cash (match required) SOURCE OF FUNDS: Grant funds REVENUE PRODUCING: Yes N/A No— AMOUNT PER: MONTH: YEAR: ",N! APPROVED BY: County Atty. OMB/Purchasing 36 Risk Management"i I I r & DOCUMENTATION: Included x Not Required To Follow DISPOSITION: AGENDA ITEM# Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract: AA-1429 (AAA) Effective Date: I/l/2014 Expiration Date: 12/31/2014 Contract Purpose/Description: Request approval of the Older Americans Act(OAA)Contract AA-1429 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners(Social Services/In Home and Nutritional Services). Contract Manager: Sheryl Gr 305-292- Social Services/$top I 4511 X-Uk*,-ifl" t S43 (Namex (Ext.) (Department/Stop 4) For BOCC meeting on 12/11/2013 — Agenda Deadline: 11/25/2013 CONTRACT COSTS Total Dollar Value of Contract: approx. $431,557.01 Current Year Portion: $— Budgeted?Yes X No 0 Account Codes: 125-6153014 125-6153114 County Match: $57,950.87 125-615321-4 Additional Match: 125-6153414--- Total Match $57,950.87 ADDITIONAL COSTS Estimated Ongoing Costs: For: (Not included in dollar value above) (e.g.Maintenance,utilities,janitorial,salaries,etc) CONTRACT REVIEW Changes Date Out D to In Needed i view r 117 Division Director ///Z7/ Yes ,7, No N--- Risk Management I ":X:y Yes 0 No L"/ - '� X If 1 , O.M.B./Purchasing Yes No 7"?/ County Attorney 1-3 Yes '-- N Comments: OMB Form Revised 2/27/01 MCP#2 ai ORIGINAL OAA Contract AA-142 9 ALLIANCE FOR AGING,INC. STANDARD CONTRACT OLDER AMERICANS ACT PROGRAM TITLE III THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the -AAA," and Monroe County Social Services. hereinafter referred to as the "Contractor", and collectively referred to as the "Parties." The term contractor for this purpose may designate a vendor, subgrantee or subrecipient, the status to be further identified in ATTACHMENT 111,Exhibit-2 as necessary. WITNESSETH THAT: WHEREAS,the AAA has established through the Area Plan on Aging that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent contractor of the AAA. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth,the Parties agree as follows: 1. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits,which constitute the contract document. 1.1 Definitions DOER means the Florida Department of Elder Affairs. AAA means the Alliance for Aging, Inc. PSA means the Planning and Service Area corresponding to Miami-Dade and Monroe Counties. 2. Incorporation of Documents within the Contract The contract incorporates by reference the AAA's 2012 OAA RFP, including any addenda; the Contractor's application in response to the 2012 OAA RFP; and the 2013 DOEA Programs and Services Handbook. In the event of conflict in language among any of the documents referenced above,the order of preference shall be as follows: (a)This contract,including all attachments and exhibits; (b)The 2012 OAA RFP; (c) DOEA's 2013 Program and Services Handbook;and (d)The Contractor's application(s)submitted in response to the RFP. 3. Term of Contract This contract shall begin on January 1, 2014 or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, local time in Miami, Florida, on December 31, 2014, unless renewed or extended as provided herein. 4. Contract Amount The AAA agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $ 431,557.01, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals By mutual agreement of the parties, the AAA may renew the contract for five additional one year renewal periods. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the AAA and the availability of funds. This contract may be extended upon mutual agreement for one extension period not to exceed six months. 1/89 OAA Contract AA-142 9 6. Compliance with Federal Law 6.1. If this contract contains federal funds the following shall apply: 6.1.1 The Contractor shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92,and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards,orders, or regulations issued under s. 306 of the Clean Air Act as amended(42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended,and where applicable Environmental Protection Agency regulations 40 CFR 30. The contractor shall report any violations of the above to the AAA- 6.1.3 The Contractor, or agent acting for the Contractor, may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of$100,000.00, the contractor must, prior to contract execution, complete the Certification Regarding Lobbying form, ATTACHMENT 11. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager, prior to payment under this contract. 6.1.4 In accordance with Appendix A to 2 CFR 215, the contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92,if applicable. 6.1.5 If this contract contains federal funds and provides services to children up to age 18, the contractor shall comply with the Pro-Children Act of 1994(20 U.S.C. 6081). 6.1.6 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The Contractor shall complete and sign ATTACHMENT V prior to the execution of this contract. 6.2 The Contractor shall not employ an unauthorized alien. The AAA shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986(8 U.S.C. 1101). Such violation shall be cause for unilateral cancellation of this contract by the AAA. 6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements(filing a Form 990 or Form 990-N)and has its tax exempt status revoked for failing to comply with the filing requirements of the 2006 Pension Protection Act or for any other reason, the Contractor must notify the AAA in writing within thirty(30)days of receiving the IRS notice of revocation. 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR Part 170.1 10(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170. 6.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number I I-116, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Contractor during the contract term. Contractor shall include in 2/89 OAA Contract AA-1429 related subcontracts a requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-verify system to verify employment of all new employees hired by the subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7. Compliance with State Law 7.1 This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law,including Florida provisions for conflict of laws. 7.2 The Contractor shall comply with the requirements of s. 287.058,F.S. as amended. 7.2.1 The Contractor shall provide units of deliverables, including various client services, and in some instances may include reports, findings, and drafts, as specified in this contract, which the Contract Manager must receive and accept in writing prior to payment. 7.2.2 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 7.2.3 If itemized payment for travel expenses is permitted in this contract, the contractor will submit bills for any travel expenses in accordance with s. 112.061,F.S.,or at such lower rates as may be provided in this contract. 7.2.4 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S., made or received by the contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision shall constitute an immediate breach of contract for which the AAA may unilaterally terminate the contract. 7.3 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427, F.S.,and Rule 41-2,F.A. C. 7.4 Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of s. 287.134,F.S. 7.5 The Contractor will comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature,judicial branch or a state agency. 7.6 In accordance with s. 287.135 F.S., any contractor on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (Lists), created pursuant to s. 215.473 F.S., is ineligible to enter into or renew a contract funded through a DOEA contract for goods or services of $1 million or more. The Alliance may terminate this contract if the Contractor is found to have submitted a false certification of its status on the Lists or has been placed on the Lists. Further, the Contractor is subject to civil penalties, attorneys fees and costs and any costs for investigations that led to the finding of false certification. If this contract contains S I million or more, the Contractor shall complete and sign ATTACHMENT L, Certification Regarding Scrutinized Companies Lists,prior to the execution of this contract. 8. Background Screenin The Contractor shall ensure that, prior to providing services, all persons having access to vulnerable elders and children, their living area, funds or personal property, or protected health information pertaining to such individuals, shall pass a Level 11 criminal background screening in accordance with the requirements of s. 430.0402 and ch. 435, F.S., as amended. These provisions shall apply to employees,subcontractors, consultants, direct service providers and volunteers. Consequently,any commitment for employment,purchase of services,or volunteer program participation shall be contingent upon the passing of a Level 11 background check. The background screening shall include employment history checks as provided in s. 435.03(1), F.S., and both local and national criminal record checks 3/89 ---------- OAA Contract AA-1429 coordinated through law enforcement agencies. 8.1 For purposes of this section, the term"direct service provider" means a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client or has access to the client's living areas or to the client's funds or personal property. This term includes coordinators,managers,and supervisors of residential facilities and volunteers. 9. Grievance Procedures The Contractor shall develop and implement,and ensure that its subcontractors have established grievance procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, should provide for notice of the grievance procedure and an opportunity for review of the subcontractor's determination(s). 10. Audits, Inspections, Investi2ations,Public Records and Retention 10.1 The Contractor shall establish and maintain books,records and documents(including electronic storage media) sufficient to reflect all assets, obligations,unobligated balances, income,interest and expenditures of funds provided by the AAA under this contract. Contractor shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information should be related to performance and unit cost data. 10.2 The Contractor shall retain all client records,financial records,supporting documents,statistical records,and any other documents(including electronic storage media)pertinent to this contract for a period of six(6)years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract,at no additional cost to the AAA. 10.3 Upon demand, at no additional cost to the AAA, the Contractor will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 10.2. 10.4 The Contractor shall assure that the records described in Paragraph 10 shall be subject at all reasonable times to inspection,review,copying,or audit by Federal, State,or other personnel duly authorized by the AAA. 10.5 At all reasonable times for as long as records are maintained, persons duly authorized by the AAA, DOER and Federal auditors,pursuant to 45 CFR 92.36(i)(10), shall be allowed full access to and the right to examine any of the Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 10.6 The Contractor shall provide a financial and compliance audit to the AAA as specified in this contract and in ATTACHMENT III and to ensure that all related party transactions are disclosed to the auditor. 10.7 The Contractor shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office of the DOEA's Inspector General pursuant to s. 20.055,F.S. It. Nondiscrimination-Civil Rights Compliance 11.1 The Contractor shall execute assurances in ATTACHMENT VI that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age,race, religion, color, disability, national origin,marital status or sex in compliance with state and federal law and regulations. The Contractor further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees 4/89 ---------- ---------- OAA Contract AA-1429 because of age,race,religion,color,disability,national origin,marital status or sex. 11.2 During the term of this contract, the Contractor shall complete and retain on file a timely,complete and accurate Civil Rights Compliance Checklist(ATTACHMENT B). 11.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures will include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 11.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor further assures that all subcontractors, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes,regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that the AAA may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. 12. Provision of Services The Contractor shall provide services in the manner described in ATTACHMENT I. 13. Monitoring by the AAA The Contractor shall permit persons duly authorized by the AAA to inspect and copy any records,papers, documents, facilities, goods and services of the Contractor which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the Contractor to assure the AAA of the satisfactory performance of the terms and conditions of this contract. Following such review, the AAA will deliver to the Contractor a written report of its findings and request for development, by the Contractor, a corrective action plan where appropriate. The Contractor hereby agrees to timely correct all deficiencies identified in the corrective action plan. 14. Coordinated Monitoring with Other Agencies If the Contractor receives funding from one or more of the State of Florida human service agencies, in addition to AAA funding, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of this contract, and pursuant to s. 287.0575, F.S. as amended, Florida's human service agencies shall include the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comply and cooperate with all monitors,inspectors,and/or investigators. 15. Indemnification The Contractor shall indemnify,save,defend,and hold harmless the AAA and its agents and employees from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the Contractor is not required to indemnify the AAA for claims,demands,actions or causes of action arising solely out of the AAA's negligence. 15.1 Except to the extent permitted by s. 768.28, F.S., or other Florida law, Paragraph 15 is not applicable to contracts executed between the AAA and state agencies or subdivisions defined in s. 768.28(2),F.S. 16. Insurance and Bonding 16.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as 5/89 OAA Contract AA-1429 defined by subsection 768.28(2), F.S., the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract.The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract. The Contractor shall ensure that the AAA has copy of the most current written verification of insurance coverage throughout the term of this contract. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida.The AAA reserves the right to require additional insurance as specified in this contract. 16.2 Throughout the term of this agreement, the Contractor shall maintain an insurance bond from a responsible commercial insurance company covering all officers,directors, employees and agents of the Contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 17. Confidentiality of Information The Contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 18. Health Insurance Portability and Accountability Act Where applicable,the Contractor shall comply with the Health Insurance Portability and Accountability Act(42 USC 1320d.),as well as all regulations promulgated thereunder(45 CFR 160, 162,and 164). 19. Incident Reportins! 19.1 The Contractor shall notify the AAA immediately, but no later than forty-eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor or subcontractor's ability to perform the services required to be performed under this contract. Such notice shall be made orally to the Contract Manager (by telephone) with an email to immediately follow. 19.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Contractor and its employees. 20. New Contract(s) Reporting The Contractor shall notify the AAA within ten(10)days of entering into a new contract with any of the four(4)state human service agencies other than DOEA. The notification shall include the following information: (1) contracting state agency; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) contract description and commodity or service;and(6)Contract Manager name and number. In complying with this provision, and pursuant to s. 287.0575, F.S. as amended, the Contractor shall complete and provide the information in ATTACHMENT D. 21. Bankruptcy Notification If, at any time during the term of this contract, the Contractor, its assignees, subcontractors or affiliates file's a claim for bankruptcy, the Contractor must immediately notify the AAA. Within ten (10) days after notification, the Contractor must also provide the following information to the AAA: (1) the date of filing of the bankruptcy petition; (2) the case number-, (3) the court name and the division in which the petition was filed (e. g., Northern District of Florida,Tallahassee Division); and,(4)the name,address,and telephone number of the bankruptcy attorney. 22. Sponsorship and Publicity 6/89 -------------------- OAA Contract AA-1429 22.1 As required by s. 286.25, F.S., if the Contractor is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name), the State of Florida Department of Elder Affairs and the Alliance for Aging, Inc." If the sponsorship reference is in written material, the words - State of Florida, Department of Elder Affairs" and "Alliance for Aging, Inc." shall appear in at least the same size letters or type as the name of the organization. 22.2 The Contractor shall not use the words "The State of Florida Department of Elder Affairs" or "Alliance for Aging, Inc."to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by the AAA prior to use. 23. Assignments 23.1 The Contractor shall not assign the rights and responsibilities under this Contract without the prior written approval of the AAA, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the AAA will constitute a material breach of the contract. 23.2 The AAA shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another agency upon giving prior written notice to the Contractor. In the event the AAA approves transfer of the Contractor's obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with the contract. 23.3 This contract shall remain binding upon the successors in interest of either the Contractor or the AAA. 24. Subcontracts 24.1 The Contractor is responsible for all work performed pursuant to this contract and the service provider application in response to the 2012 OAA RFP,whether actually furnished by the Contractor or its subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the AAA deems necessary. The Contractor further agrees that the AAA shall not be liable to the subcontractor in any way or for any reason. The Contractor,at its expense,shall defend the AAA against any such claims. 24.2 The Contractor shall promptly pay any subcontractors upon receipt of payment from the AAA or other sponsoring agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, F.S.,unless otherwise stated in the contract between the Contractor and subcontractor,will result in a penalty as provided by statute. 25. Independent Capacity of Contractor It is the intent and understanding of the Parties that the Contractor, or any of its subcontractors, are independent contractors and are not employees of the AAA and shall not hold themselves out as employees or agents of the AAA without specific authorization from the AAA- It is the further intent and understanding of the Parties that the AAA does not control the employment practices of the Contractor and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Contractor or its subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Contractor shall be the sole responsibility of the Contractor. 26. Payment Payments will be made to the Contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the Contractor. The AAA's Contract Manager will have final approval of the invoice for payment, and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the AAA's fiscal section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of s. 215.422 F.S. 7/89 ----—------ OAA Contract AA-1429 27. Return of Funds The Contractor will return to the AAA any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the Contractor by the AAA. In the event that the Contractor or its independent auditor discovers that an overpayment has been made, the Contractor shall repay said overpayment immediately without prior notification from the AAA. In the event that the AAA first discovers an overpayment has been made, the Contract Manager,on behalf of the AAA, will notify the Contractor by letter of such findings. Should repayment not be made forthwith, the Contractor will be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after AAA notification or Contractor discovery. 28. Data Integrity and Safeguarding Information The Contractor and its subcontractors shall insure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all contractor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely backed up to insure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Contractor must maintain written procedures for computer system back up and recovery. The Contractor shall complete and sign ATTACHMENT IV prior to the execution of this contract. 29. Computer Use and Social Media Policy The DOEA has implemented a new Social Media Policy, in addition to its Computer Use Policy,which applies to all employees,contracted employees,consultants,OPS and volunteers,including all personnel affiliated with third parties,such as,but not limited to,Area Agencies on Aging and vendors. Any entity that uses the DOEA's computer resource systems must comply with the DOEA's policy regarding social media. Social Media includes,but is not limited to blogs,podcasts,discussion forums,Wikis,RSS feeds, video sharing,social networks like MySpace, Facebook and Twitter,as well as content sharing networks such as flickr and YouTube(ATTACHMENT E). 30. Conflict of Interest The Contractor shall establish safeguards to prohibit employees, board members, management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee,officer or agent of the Contractor or subcontractor shall participate in selection, or in the award of an agreement supported by State or Federal funds if a conflict of interest, real or apparent,would be involved. Such a conflict would arise when: (a) the employee,officer or agent; (b)any member of his/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The Contractor or any subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors,or parties to subcontracts. The Contractor's board members and management must disclose to the AAA any relationship which may be,or may be perceived to be,a conflict of interest within thirty(30) calendar days of an individual*s original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of this contract. The Contractor's employees and subcontractors must make the same disclosures described above to the Contractor's board of directors. Compliance with this provision will be monitored. 31. Public Entity Crime Pursuant to s. 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the AAA. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any 8/89 ------------- OAA Contract AA-1429 goods or services to a public entity; may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 32. Blank 33. Patents,Copyrights, Royalties If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention or material to the AAA to be referred to the Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 287.0571 (5) (k) I and 2 as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in the contract. 33.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property,notwithstanding any agreement made pursuant to Paragraph 33. 33.2 If this contract is awarded solely with federal funding, the terms and conditions are governed by 2 CFR 215.36 34. Ememency Preparedness and Continuity of Operations 34.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety or welfare, the Contractor shall, within thirty (30) calendar days of the execution of this contract, submit to the Contract Manager verification of an emergency preparedness plan (Continuity of Operations Plan.) In the event of an emergency, the Contractor shall notify the AAA of emergency provisions. 34.2 In the event, a situation results in a cessation of services by a subcontractor, the Contractor will retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 35. PUR 1000 Form State of Florida, Department of Management Services PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However,if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 36. Use of State Funds to Purchase or Improve Real Property Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 37. Dispute Resolution Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce the 9/89 ©AA Contract AA-1429 decision to writing and serve a copy on the Contractor. 38. Financial Consequences of Non-Performance If the Contractor fails to meet the minimum level of service or performance identified in this agreement, or that is customary for the industry, then the AAA may apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to contract suspension, refusing payment, withholding payments until deficiency is cured, tendering only partial payments, and/or cancellation of contract and reacquiring services from an alternate source. 38.1 The Contractor shall not be charged with financial consequences, when a failure to perform arises out of causes that were the responsibility of the AAA. 39. No Waiver of Sovereign Immunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 40. Venue If any dispute arises out of this contract, the venue of such legal recourse will be Miami-Dade County,Florida. 41. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the AAA or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 42. Force Maieure The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 43. Severabitity Claus The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 44. Condition Precedent to Contract: Appropriations The Parties agree that the AAA's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 45. Addition/Deletion The Parties agree that, notwithstanding the terms of the procurement documents and actions leading to this contract, the AAA reserves the right to add or to delete any of the services required under this contract when deemed to be in the best interest of the elder population targeted by the Area Plan and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 46. Waiver The delay or failure by the AAA to exercise or enforce any of its rights under this contract shall not constitute or be deemed a waiver of the AAA's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 47. Compliance The Contractor shall abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current State statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to abide by these laws shall be deemed an event of default of the Contractor, and subject the contract to immediate, unilateral 10/89 OAA Contract AA-1429 cancellation of the contract at the discretion of the AAA. 48. Final Invoice The Contractor shall submit the final invoice for payment to the AAA as specified in Paragraph 3.3.4. (date for final request for payment) of ATTACHMENT 1. If the Contractor fails to submit final request for payment by the deadline, then all rights to payment may be forfeited and the AAA may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Contractor and necessary adjustments thereto have been approved by the AAA. 49. Renegotiations or Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently reflected in the AAA's contract with DOEA pursuant to which the AAA administers funding under this contract. 50. Termination 50.1 This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the Contractor responsible for administration of the contract. 50.2 In the event funds for payment pursuant to this contract become unavailable, the AAA may terminate this contract upon no less than twenty-four (24) hours notice in writing to the Contractor. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the Contractor responsible for administration of the contract. The AAA will be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the Contractor will be compensated for any work satisfactorily completed prior to the date of termination. 50.3 This contract may be terminated for cause by the AAA upon no less than twenty-four (24) hours notice in writing to the Contractor. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms and conditions of this contract. The provisions herein do not limit the AAA's or the Contractor's rights to remedies at law or in equity. 50.4 Failure to have performed any contractual obligations with the AAA in a manner satisfactory to the AAA will be a sufficient cause for termination. To be terminated as a contractor under this provision, the Contractor must have (1) previously failed to satisfactorily perform in a contract with the AAA,been notified by the AAA of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the AAA; or(2)had a contract terminated by the AAA for cause. 51. Electronic Records and Signature The AAA authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this Contract. A contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, s. 668.50, Fla. Stat. All electronic records must be fully auditable; are subject to Florida's Public Records Lmv,ch. 119, Fla. Stat.; must comply with section 28,Data Integrity and Safeguarding Information; must maintain all confidentiality, as applicable-, and must be retained and maintained by the Contractor to the same extent as non-electronic records are retained and maintained as required by this Contract. 11/189 OAA Contract AA-1429 51.1 The AAA's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the AAA. The Contractor is authorized to conduct electronic transactions with the AAA only upon further written consent by the AAA. 51.2 Upon request by the AAA, the Contractor shall provide the AAA or DOEA with non-electronic (paper)copies of records. Non-electronic(paper)copies provided to the AAA of any document that was originally in electronic form with an electronic signature must indicate the person and the person's capacity who electronically signed the document on any non-electronic copy of the document. 52. Official Payee and Representatives(Names,Addresses,and Telephone Numbers): The Contractor name,as shown on page I of this fyjojvcw. c sbiexoj 5t�" a. contract,and mailing address of the official payee to m*vx� Q-;As 7 whom the payment shall be made is: The name of the contact person and street address 4C1 fA NN(�.) b. where financial and administrative records are (tm SrAvIsfut-.1 maintained is: KA-W \tlfcs+ 0_1 Slneju I ecJ� 13 A. -D R-e-&o C. The name,address,and telephone number of the yl C representative of the Contractor responsible for 5Z1V\-t.0 to" , s+m+- A-.-�l administration of the program under this contract is: \Wes+ I F100_L0j+ 33 Ova The section and location within the AAA where Associate Vice President Finance d. Requests for Payment and Receipt and Expenditure 760 NW 107th Avenue,Suite214 forms are to be mailed is: Miami,Florida 33172-3155 Contract Manager e. The name,address,and telephone number of the Alliance for Aging,Inc. Contract Manager for the AAA for this contract is: 760 NW 107th Avenue, Suite 214 Miami,Florida 33172-3155 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 12/89 OAA Contract AA-1429 53. All Terms and Conditions Included This contract and its Attachments, I through X, A, B, D, E, F, G, H, J, K, L and any exhibits referenced in said attachments,together with any documents incorporated by reference,contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications,representations or agreements,either written or verbal between the Parties. By signing this contract,the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this 13 page contract, to be executed by their undersigned officials as duly authorized. Monroe County Social Services. ALLIANCE FOR AGING,INC. SIGNED BY: SIGNED BY: NAME: Vc eY� NAME: MAX B. ROTHMAN,JD,LL.M. + TITLE: 0- 0 iv TITLE: PRESIDENT AND CEO DATE: DATE: OYOE.COUN NIEY F VED M A PEDRO L ERK G A D ASSJSTAN 13189 OAA Contract AA-1429 ATTACHMENT ATTACHMENT DESCRIPTION PAGE ATTACHMENT I STATEMENT OF WORK 15-29 ATTACHMENT II CERTIFICATION REGARDING LOBBYING 31 ATTACHMENT III FINANCIAL COMPLIANCE AUDIT ATTACHMENT 33-35 ATTACHMENT III FEDERAL RESOURCES AWARDED PURSUANT TO THIS 37 EXHIBIT 1 AGREEMENT ATTACHMENT III AUDIT REPLATIONSHIP DETERMINATION 39 EXHIBIT 2 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE 41 ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 43 INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS ATTACHMENT VI ASSURANCES-NON-CONSTRUCTION PROGRAMS 45-46 ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE 47 ATTACHMENT VIII OLDER AMERICANS ACT CONTRACT REPORT CALENDAR 49 ATTACHMENT IX REQUEST FOR PAYMENT 51 ATTACHMENT X, RECEIPTS AND EXPENDITURES,TITLE IIIB, IIIC1,AND IIIC2 53 EXHIBIT 2 ATTACHMENT X, RECEIPTS AND EXPENDITURES,TITLE IIIE 55 EXHIBIT 3 ATTACHMENT A DEPARTMENT OF ELDER AFFAIRS' PROGRAMS & SERVICES 57 HANDBOOK(ON ALLIANCE FOR AGING, INC. INTERNET SITE) ATTACHMENT B DEPARTMENT OF ELDER AFFAIRS' CIVIL RIGHTS COMPLIANCE 59-64 CHECKLIST AND INSTRUCTIONS ATTACHMENT D PROVIDER'S STATE CONTRACTS LIST 65 ATTACHMENT E DEPARTMENT'S COMPUTER USE POLICY AND ITS SOCIAL MEDIA 67 POLICY,PROVIDED ON CD INSTRUCTIONS ATTACHMENT F INTENTIONALLY OMITTED. ATTACHMENT G BACKGROUND SCREENING-AFFIDAVIT OF COMPLIANCE 69 ATTACHMENT H VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION 71 ATTACHMENT I INTENTIONALLY OMITTED. ATTACHMENT J BUSINESS ASSOCIATE AGREEMENT 73-79 ATTACHMENT K ADRC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS 81-87 ATTACHMENT L CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST 89 INDEX TO CONTRACT ATTACHMENTS 14/89 OAA Contract AA-1429 ATTACHMENTI ALLIANCE FOR AGING, INC. STATEMENT OF WORK OLDER AMERICANS ACT PROGRAM TITLE III SECTION 1: SERVICES TO BE PROVIDED 1,1 DEFINITIONS OF TERMS AND ACRONYMS CONTRACT ACRONYMS ADL—Activities of Daily Living APS—Adult Protective Services AIRS—Alliance of Information&Referral Systems ADA—Americans with Disabilities Act AAA—Area Agency on Aging(Previous setting,it means Alliance for Aging, Inc.) APCL—Assessed Priority Consumer List CIRTS—Client Information and Registration Tracking System DOEA—Department of Elder Affairs(The Department) FLAIRS—Florida Alliance of Information and Referral Services I&R—Information and Referral IADL—Instrumental Activities of Daily Living MOA—Memorandum of Agreement MOU—Memorandum of Understanding OAA—Older Americans Act PSAs—Planning and Service Areas WebDB—Web based Database System 1.1.2 PROGRAM SPECIFIC TERMS Area Plan: A plan developed by the area agency on aging outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306(42 U.S.C. 3026)of the Older Americans Act and DOEA instructions. Area Plan Update: A revision to the area plan wherein the area agency on aging enters OAA specific data in the Client Information and Registration Tracking System (CIRTS). An update may also include other revisions to the area plan as instructed by the DOEA. Child: An individual who is not more than 18 years of age or an individual with disability. Family Caregiver: An adult family member, or another individual, who is an informal provider of in-home and community care to an older individual. Frail• When an older individual is unable to perform at least two activities of daily living(ADLs)without substantial human assistance,including verbal reminding,physical cueing or supervision;or due to cognitive or other mental impairment,requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. Grandparent: A grandparent or step-grandparent of a child,or a relative of a child by blood, marriage or adoption and who lives with the child; is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and has a legal relationship to the child, such as legal custody or guardianship,or is raising the child informally. 15/89 OAA Contract AA-1429 1.2 ALLIANCE FOR AGING,INC.MISSION STATEMENT The Alliance for Aging Inc.'s mission is to promote and advocate for the optimal quality of life for older adults and their families. 1.3 GENERAL DESCRIPTION 1.3.1 General Statement The OAA Program is a federal program initiative that provides assistance to older persons and caregivers and is the only federal supportive services program directed solely toward improving the lives of older people. The program provides a framework for a partnership among the different levels of government and the public and private sectors with a common objective, improving the quality of life for all older individuals by helping them to remain independent and productive. The primary purpose of the OAA program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals. The OAA program uses these systems to assist older individuals to attain and maintain maximum independence and dignity in a home environment and allows for the capability of self-care with appropriate supportive services. 1.3.2 Authority The relevant references authority governing the OAA program are: (1) Older Americans Act of 2006,as amended; (2) Rule 58A-1, Florida Administrative Code;and (3) Section 430.101, Florida Statutes. 1.3.2.1 Incorporation of Reference Memoranda In accordance with the AAA's Contract with DOEA, the following Florida Department of Financial Services,Chief Financial Officer Memoranda, are provided for informational purposes and incorporated by reference: (1) CFO Memo No. 02: Release date, August 20,2010; (2) CFO Memo No.03: Release date,June 29,2010; and (3) CFO Memo No. 06: Release date,June 30,2010. 1.3.3 Scope of Service The Contractor is responsible for providing the services as required by this contract and as described in the Contractor's application(s)submitted in response to the 2012 OAA RFP.The services shall be provided in a manner consistent with and described in the current Department of Elder Affairs Programs and Services Handbook. 1.3.4 Major Program Goals The major goals of the OAA program are to improve the quality of life for older individuals, preserve their independence and prevent or delay more costly institutional care. These goals are achieved through the implementation of a comprehensive and coordinated service system that provides a continuum of service alternatives that meet the diverse needs of elders and their caregivers. 1.3.5 Leadership and Advocacy As a designated Focal Point,a provider is encouraged to provide coordination of services for older individuals. The Provider must also provide community leadership on aging issues and serve as the advocate and focal point for the elderly within the community in cooperation with agencies, organizations and individuals participating in activities funded by the Alliance. Advocacy should include initiating positive changes in public or private policies and attitudes towards older persons, taking action to improve, modify,or eliminate situations which adversely impact on lives of older persons, or expressing support for older persons and their interests. Advocacy activities may be broadly supportive of the general interests of older persons or may involve specific activities on behalf of individuals." 16189 OAA Contract AA-1429 1.4 INDIVIDUALS TO BE SERVED 1.4.1 Eligibility(Title III Programs) 1.4.1.1 OAA Title 111, General Consumers shall not be dually enrolled in an OAA program and a Medicaid capitated long-term care program. 1.4.1.2 OAA Title 11111,Supportive Services Eligibility for OAA Title IIIB,Supportive Services,are as follows: (1) Individuals age 60 or older; and (2) Information and Referral/Assistance services are provided to individuals regardless of age. 1.4.1.3 OAA Titles IHC1 and C2,Nutrition Services, General General factors that should be considered in establishing priority for Nutrition Services, both C I and C2, include those older persons who: (1) Cannot afford to eat adequately; (2) Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; (3) Have limited mobility which may impair their capacity to shop and cook for themselves;or (4) Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. 1.4.1.3.1 OAA Title HIC1,Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT 1, Paragraph 1.4.1.3 individuals must be mobile, not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: (1) Individuals age 60 or older;and (2) Any spouse(regardless of age)who attends the dining center with his/her eligible spouse; (3) Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; (4) Disabled persons who reside at home with and accompany an eligible person to the dining center; and (5) Volunteers,regardless of age,who provide essential services on a regular basis during meal hours. 1.4.1.3.2 OAA Title HIC2,Home Delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT 1, Paragraph 1.4.1.3, individuals must be homebound and physically, mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home delivered meals include the following: (1) Individuals age 60 or older who are homebound by reason of illness,disability or isolation; (2) The spouse of a homebound eligible individual, regardless of age, if the provision of the collateral meal supports maintaining the person at home; (3) Individuals with disabilities,regardless of age,who reside at home with eligible individuals and are dependent on them for care; and (4) Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their presence at the congregate site inappropriate; and persons at nutritional risk who are socially or otherwise IT 189 OAA Contract AA-1429 isolated and unable to attend a congregate nutrition site. 1.4.1.4 OAA Title IIIE,Caregiver Support Services Eligibility for OAA Title IIIE, Caregiver Support Services, are as follows: (1) Family caregivers of individuals age 60 or older; (2) Grandparents(age 55 or older)or older individuals(age 55 or older)who are relative caregivers; (3) Priority will be given to family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and for grandparents or older individuals who are relative caregivers who provide care for children with severe disabilities; and (4) For respite and supplemental services, a family caregiver must be providing care for an older individual who meets the definition of the term"frail" in OAA, Section 102 Paragraph 22. 1.4.2 Targeted Groups Preference shall be given to those with the greatest economic and social needs, with particular attention to low- income older individuals, including those that are low-income minorities, have limited English proficiency, and older individuals residing in rural areas. SECTION 11—MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS In order to achieve the goals of the OAA program,the Contractor shall ensure the following tasks are performed: (1) Client eligibility determination; (2) Targeting and screening of service delivery for new clients; (3) Delivery of services to eligible clients; (4) Use of volunteers to expand the provision of available services; (5) Monitoring the performance of its subcontractors; and (6) Information and Referral/Assistance Access Services(Elder Helplines). 2.1.1 Client Eligibility Determination as listed in ATTACHMENT 1,Paragraph 1.4. 2.1.2 Targeting and Screening of Service Delivery for New Clients The Contractor shall develop and implement policies and procedures consistent with OAA targeting and screening criteria. 2.1.3 Delivery of Services to Eligible Clients The Contractor shall provide a continuum of services that meets the diverse needs of elders and their caregivers. The Contractor shall perform and report performance of the following services in accordance with ATTACHMENT A. The services funded pursuant to this contract are in accordance with the OAA, Title 111, sections 321, 331, 336, and 373 as follows: (1) Section 321,Title 11113 Supportive Services; (2) Section 331,Title IIICI Congregate Nutrition Services; (3) Section 336,Title IIIC2 Home Delivered Nutrition Services;and Section 373,Title IIIE Caregiver Support Services. 18/89 ----------- {AAA Contract AA-1429 2.1.3.1 Supportive Services Supportive services include a variety of community-based and home-delivered services that support the quality of life for older individuals by helping them remain independent and productive. Services include the following: (1) Adult Day Care/Adult Day Health Care; (10) Emergency Alert Response; (2) Caregiver Training/Support; (11) Escort; (3) Chore Services; (12) Homemaker; (4) Companionship; (13) Housing Improvement; (5) Counseling (Gerontological and Mental (14) Personal Care; Health); (6) Education/Training; (15) Shopping Assistance; (7) Legal Assistance; (16) Specialized Medical Equipment, Services, and Supplies; (8) Material Aid; (17) Respite Services; (9) Recreation; (18) Screening/Assessment; (19) Transportation. 2.1.3.2 Congregate Nutrition Services Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity, promote socialization and the health and well being of older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Congregate meals; (2) Congregate meals screening; (3) Nutrition education and nutrition counseling. 2.1.3.3 Home Delivered Nutrition Services In-home nutrition services are provided to reduce hunger and food insecurity; promote socialization and the health and well being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Home delivered meals; (2) Nutrition education and counseling. 2.1.3.4 Caregiver Support Services(111E Program) The following services are intended to provide direct help to caregivers, assist in the areas of health, nutrition and financial literacy and assist caregivers in making decisions and problem solving related to their caregiving roles and responsibilities: (1) Adult Day Care; (2) Caregiver Training/Support; (3) Counseling(Gerontological and Mental Health); (4) Education,/Training; (5) Respite Services; 19/89 OAA Contract AA-1429 (6) Screening/Assessment; 2.1.3.5 Caregiver Support Supplemental Services (HIES Program): At least 10 percent, but no more than 20 percent, of the total Title IIIE funds shall be used to provide supplemental support services. The following services are provided to complement the care provided by caregivers: (1) Chore Services; (2) Housing Improvement; (3) Material Aid; and (4) Specialized Medical Equipment, Services and Supplies. 2.1.3.6 Caregiver Support Grandparent Services(HIEG Program): At least 5 percent,but no more than 10 percent, of the total Title IIIE funds shall be used to provide support services to grandparents and older individuals who are relative caregivers. Services for grandparents or older individuals who are relative caregivers designed to help meet their caregiving obligations include the following: (1) Caregiver Training/Support; (2) Sitter. 2.1.4 Use of Volunteers to Expand the Provision of Available Services 2.1.4.1 Use of Volunteers to Expand the Provision of Available Services The Contractor shall make use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service),in community service settings. 2.1.4.2 The Contractor shall submit a quarterly report of volunteer activities and services electronically on the internet in a format provided by the Department's Office of Volunteer and Community Services. The quarterly report schedule is as follows: Report Period Report Due Date January I -March 31 April 30,2013 April I-June 30 July 30,2013 July I-September 30 October 31,2013 October I -December 31 January 31,2014 2.1.5 Monitoring the Performance of Subcontractors The Contractor shall conduct at least one monitoring per year of each subcontractor. The Contractor shall perform fiscal, administrative and programmatic monitoring of each subcontractors to ensure contractual compliance, fiscal accountability,programmatic performance,and compliance with applicable state and federal laws and regulations. 2.1.7 Subcontractor Outreach Reporting Requirements The Contractor shall document its performance of outreach activities, by submitting a uniform reporting format provided by the Alliance that includes the following: number and type of provider events or activities; date and location; total number of participants at each event or activity; individual service needs identified; and referral sources or information provided. The Contractor shall complete and submit this report on outreach activities at least 20/89 OAA Contract AA-1429 semi-annually. 2.2 SERVICE LOCATION AND EQUIPMENT 2.2.1 Service Times The Contractor shall ensure the provision of the services listed in the contract during normal business hours unless other times are more appropriate to meet the performance requirements of the contract, and it shall monitor its subcontractors to ensure they are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. 2.3 Equipment 2.3.1 Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal funds], or(b); nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of$1,000.00 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250.00 or more [for state funds]. 2.3.2 Contractors and subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards in compliance with 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-I 10) that include: (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years; (c)a control system to insure adequate safeguards to prevent loss,damage,or theft of the equipment; and (d) maintenance procedures to keep the equipment in good condition. The property records must be maintained on file and shall be provided to the AAA upon request. The Contractor shall promptly investigate, fully document and notify the Contract Manager of any loss, damage, or theft of equipment. The contractor shall provide the results of the investigation to the Contract Manager. 2.3.3 The Contractor's property management standards for equipment acquired with Federal funds and federally-owned equipment shall include accurately maintained equipment records with the following information: (1) A description of the equipment; (2) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number; (3) Source of the equipment,including the award number; (4) Whether title vests in the contractor or the Federal Government; (5) Acquisition date(or date received,if the equipment was furnished by the Federal Government) and cost; (6) Information from which one can calculate the percentage of Federal participation in the cost of the equipment (not applicable to equipment furnished by the Federal Government); (7) Location and condition of the equipment and the date the information was reported; (8) Unit acquisition cost; and (9) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a contractor compensates the Federal awarding agency for its share. 2.3.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state funds with an acquisition cost over $1.000.00 that is specifically identified in the Unit Cost report or in the Provider Application and is part of the cost of carrying out the activities and functions of the grant awards and Title 21/89 ----------- OAA Contract AA-1429 (ownership) will vest in the Contractor, subject to the conditions of 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110), Subpart C, Paragraph 34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this contract, or identified in the sub-agreements with sub-contractors (not included in a cost methodology), is subject to the conditions of Chapter 273,F. S. and 60A-1.0017, F. A. C. or Title 45 CFR Part 74. 2.3.5 The Contractor shall not dispose of any equipment or materials provided by the AAA, or purchased with funds provided through this contract without first obtaining the approval of the AAA's Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the respective Contract Manager. The request should include a brief description of the property, purchase price, funding source, percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractor's proposed disposition (i.e., transfer or donation to another agency that administers federal programs,offer the items for sale,destroy the items,etc.). 2.3.6 The AAA's Contract Manager will issue disposition instructions. If disposition instructions are not received within 120 days of the written request for disposition,the Contractor is authorized to proceed as directed in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-I 10). 2.3.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42,Chapter 35, Subchapter 111,Part A., Sec. 3030b United States Code(USQ. 2.3.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 2.3.9 Information technology resources (ITR) may not be purchased with funds provided under this Contract absent approval by AAA. Any approved purchase of ITR by the Contractor must comply with DOEA's ITR procedures and standards including completion of an ITR worksheet for any computer related item costing$1,000 or more. 22/89 OAA Contract AA-1429 2.4 DELIVERABLES 2.4.1 Service Unit The contractor shall provide the services described in the contract in accordance with the 2011 DOER Program and Services Handbook. . 2.5 REPORTS The Contractor is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the AAA. The Contractor must establish due dates for any subcontractors that permit the Contractor to meet the AAA's reporting requirements. 2.5.1 Blank 2.5.2 Client Information and Registration Tracking System(CIRTS) Reports The contractor is required to use CIRTS reports in the web based CIRTS database system to ensure data accuracy.The report categories include the following: (1) Client reports(assessments,care plans,enrollments); (2) Monitoring reports; (3) Services reports; (4) Outcome measures reports. 2.5.3 Service Costs Reports The Contractors shall submit to the AAA semi-annual service cost reports, which reflect actual costs of providing each service by program. 2.5.4 Surplus/Deficit Report By the end of the first month of this contract, the Contractor will submit a monthly expenditure plan by service to the AAA's program manager. The Contractor will submit a consolidated surplus/deficit report in a format provided by the AAA to the AAA's Contract Manager with the monthly request for payments according to the calendar on attachment VIII. This report is for all agreements and/or contracts between the Contractor and the AAA.The report shall include the following: (1) The contractor's current status regarding surplus/deficit; (2) The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the AAA will be resolved; (3) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5;and (4) Number of clients currently on the APCL designated as Imminent Risk. (5) Number of contacts including telephone calls, walk-ins, emails or faxes as related to outsourced ADRC functions, including one-to-one outreach contacts when consumers are provided with information, referral or assistance for themselves or others.They do not include public education activities.This is not an unduplicated count. (6) A detailed report describing any budget variances and plans to address them in the coming months. 23/89 OAA Contract AA-1429 2.5.5 Surplus Recapture. In accordance with its surplus/deficit management policies, in order to maximize available funding and minimize the time that potential clients must wait for services, the AAA in its sole discretion can reduce funding awards if the Contractor is not spending according to monthly plans and is projected to incur a surplus at the end of the year. 2.5.6 Blank 2.5.7 Blank 2.5.8 Background Screening Affidavit of Compliance To demonstrate compliance with section 8 of the Standard Contract, the Contractor shall submit ATTACHMENT G,Background Screening Affidavit of Compliance annually,by January 15th. 2.6 RECORDS AND DOCUMENTATION The Contractor will ensure the accurate collection and maintenance of client and service information on a monthly basis from the CIRTS or any such system designated by the AAA. Maintenance includes valid exports and backups of all data and systems according to AAA standards. 2.6.1 Each Contractor and subcontractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the AAA upon request. 2.7 PERFORMANCE SPECIFICATIONS 2.7.1 Outcomes (1) The Contractor shall maintain a record of all reports described in ATTACHMENT 1, Paragraph 2.5 REPORTS. (2) The Contractor shall timely submit to the AAA all information described in ATTACHMENT 1, Paragraph 2.6 RECORDS AND DOCUMENTATION. (3) The Contractor shall ensure services in this contract are in accordance with ATTACHMENT A. 2.7.2 The performance of the Contractor in providing the services described in this contract shall be measured by the current Area Plan strategies for the following criteria: (1) Percent of most frail elders who remain at home or in the community instead of going into a nursing home; (2) Percent of Adult Protective Services (APS) referrals who are in need of immediate services to prevent further harm who are served within 72 hours; (3) Percent of elders assessed with high or moderate risk environments who improved their environment score; (4) Percent of new service recipients with high-risk nutrition scores whose nutritional status improved; (5) Percent of new service recipients whose ADL assessment score has been maintained or improved; (6) Percent of new service recipients whose IADL assessment score has been maintained or improved; (7) Percent of family and family-assisted caregivers who self-report they are very likely to provide care; (8) Percent of caregivers whose ability to continue to provide care is maintained or improved after one year of service intervention(as determined by the caregiver and the assessor); 24/89 OAA Contract AA-1429 (9) Percent of customers who are at imminent risk of nursing home placement who are served with community based services; and (10)Any other outcome measures as listed in the Provider's Service Application in response to the 2012 OAA RFP. 2.7.3 Monitoring and Evaluation Methodology The AAA will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or an on-site visit. The AAA's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the AAA in monitoring the progress of completion of the service tasks and deliverables. 2.7.4 Remedies-Nonconforming Services The Contractor shall ensure that all participants served under this agreement are eligible for the program, and that all monthly and/or quarterly performance reports and financial records are maintained for each reporting period and submitted as stipulated in 2.5,2.5.3-2.5.4,2.6 through 2.7.2. Any nonconforming program services,performance reports or financial records not meeting the requirements of this Contract shall not be eligible for reimbursement under this program. The costs associated with enrolling, training, reporting and/or managing the program shall be borne solely by the Contractor. The AAA requires immediate notice of any significant and/or systemic infractions that compromise the Contractor's ability to provide participant services, to achieve programmatic performance or to provide sound financial management of the program. 2.8 CONTRACTOR'S FINANCIAL OBLIGATIONS 2.8.1 Matching,Level of Effort,and Earmarking Requirements The Contractor will fulfill a match requirement of at least 10 percent of the cost for all services funded through this contract (i.e. 90 cents of grant funds must be matched with 10 cents from the Contractor.) The subcontractor's match will be made in the form of cash and/or in-kind resources. The Contractor shall report match by title each month. At the end of the contract period, the Contractor must properly match all OAA funds. 2.8.2 Consumer Contributions Consumer contributions are to be used under the following terms: (1) The Contractor assures compliance with Section 315 of the Older Americans Act as amended in 2006, in regard to consumer contributions; (2) Voluntary contributions are not to be used for cost sharing or matching; (3) Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and (4) Voluntary contributions are to be used only to expand services. 2.8.3 Use of Service Dollars The Contractor is expected to spend all federal,state and other funds provided by the AAA for the purpose specified in the contract. The Contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the contract period, for each program managed by the Contractor. If the AAA determines that the Contractor is not spending service funds accordingly, the AAA may transfer funds to other contractors during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 2.8.4 The Contractor agrees to distribute funds as detailed in the Budget Summary, ATTACHMENT VII to this contract. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 2.8.5 Title III Funds The Contractor assures compliance with Section 306 of the Older Americans Act, as amended in 2006, that funds received under Title III will not be used to pay any part of a cost (including an administrative cost) incurred by the 25/89 ----------------------- OAA Contract AA-1429 Contractor to maintain a contractual or commercial relationship that is not carried out to implement Title 111. 2.9 AAA RESPONSIBILITIES 2.9.1 Program Guidance and Technical Assistance The AAA will provide to the Contractor guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the Contractor. 2.9.2 Program/Contract Monitoring The AAA will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone,in writing,or an on-site visit. The AAA's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the AAA in monitoring the progress of completion of the service tasks and deliverables.The AAA may use,but is not limited to,one or more of the following methods for monitoring: (1)Desk reviews and analytical reviews; (2) Scheduled,unscheduled and follow-up on-site visits; (3)Client visits; (4)Review of independent auditor's reports; (5)Review of third-party documents and/or evaluation; (6)Review of progress reports; (7)Review of customer satisfaction surveys; (8)Agreed-upon procedures review by an external auditor or consultant; (9)Limited-scope reviews;and (10) Other procedures as deemed necessary. 2.9.3 Contract Monitoring The AAA shall, at its own discretion, conduct monitoring concerning any aspect of the contractor's performance of this contract. SECTION III: METHOD OF PAYMENT 3.1 General Statement of Method of Payment The method of payment for this contract includes advances,and fixed rate for services. The Contractor shall ensure fixed rates for services include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The Contractor shall consolidate all requests for payment from subcontractors and expenditure reports that support requests for payment and shall submit to the AAA on forms 106A (ATTACHMENT IX), 105AA (ATTACHMENT X, EXHIBIT 1), 105AS (ATTACHMENT X, EXHIBIT 2), and 105AE (ATTACHMENT X, EXHIBIT 3). 3.1.1 The Contractor agrees to implement the distribution of funds as detailed in ATTACHMENT VII, Budget Summary. An amendment is required to change any amount, unit cost, or number of units by service. 26/89 OAA Contract AA-1429 3.2 Advance Payments 3.2.1 The Contractor may request up to two months of advances at the start of the contract period, if available, to cover program service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the AAA by the State of Florida("budget release"). The Contractor shall provide the AAA's Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. 3.2.2 The Contractor's requests for advance require the approval of the AAA's Contract Manager. If sufficient budget is available,the AAA will issue approved advance payments after January 1, 2013. 3.2.3 Requests for the first through the twelfth months shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests, if available is shown on ATTACHMENT VIII of this contract. 3.2.4 All advanced payments made to the Contractor shall be recouped in accordance with the Reporting Schedule, ATTACHMENT VIII of this contract. 3.2.5 Interest earned on advances must be identified separately by source of funds, state or federal. Contractors shall maintain advances of federal funds in interest bearing accounts unless otherwise excepted in accordance with 45 CFR 74.22(k). Earned interest must be returned to the AAA at the end of each quarter. 3.3 Invoice Submittal and Requests for Payment All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106A (ATTACHMENT IX) , 105AA (ATTACHMENT X-EXHIBIT 1), 105AS (ATTACHMENT X- EXHIBIT 2),and 105AE(ATTACHMENT X-EXHIBIT 3). 3.3.1 The Contractor shall submit all payment requests based on the submission of the Contractor's actual monthly expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests (when available)and invoices is ATTACHMENT VIII to this contract. 3.3.2 Any payment due by the AAA under the terms of this contract may be withheld pending the receipt and approval of all financial and programmatic reports due from the Contractor and any adjustments thereto. 3.3.3 The AAA will authorize payment only for allowable expenditures,which are in accordance with the limits specified in ATTACHMENT VII, Budget Summary. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 3.3.3.1 Monthly review of the Receipt and Expenditure Report and the Request for Payment Form by the Alliance will focus on: (1) Line item comparison of year-to-date expenditures with the budget to monitor rate of expenditures; (2) Allowable total reimbursement, on a service by service level,does not exceed budgeted/contractual amount(No unilateral modified spending authority.); (3) Validation of service units reported against CIRTS. Validation of service units reported against the Area Plan on Aging, fiscal module contract data housed in CIRTS. 3.3.4 Date for Final Request for Payment The Contractor shall submit the final request for payment to the AAA no later than February 15,2015. 3.4 Documentation for Payment 27/189 ------------------- ----------------------------------- OAA Contract AA-1429 The Contractor shall maintain documentation to support payment requests that shall be available to the AAA or authorized individuals,such as Department of Financial Services,upon request. 3.4.1 The Contractor must enter all required data following DOEA's CIRTS Policy Guidelines for clients and services in the CIRTS database. Data must be entered into CIRTS before the Contractors submit their request for payment and expenditure reports. 3.4.2 The Contractor shall run monthly CIRTS reports and verify that client and service data in CIRTS is accurate. This report must be submitted to the AAA with the monthly request for payment and expenditure report and must be reviewed by the AAA before the Contractor's request can be approved by the AAA. 3.5.1 Remedies for Nonconforming Services The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services not meeting such standards will not be reimbursed under this contract. The Contractor's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. The Alliance requires immediate notice of any significant and/or systemic infractions that compromise the quality, security or continuity of services to clients 3.5.2 Financial Consequences The Contractor shall ensure the provision of services to the projected number of clients in accordance with the Service Provider Application and within the contract amount. The Contractor shall ensure expenditure of 100% of the contract amount budgeted for services to clients at the unit rates established in this contract. On a service-by-service basis, in the event the Contractor has a surplus of 1% or more at the end of the contract term, the Alliance will reallocate this surplus to other provider agencies in accordance with its policies. If, or to the extent, there is any conflict between this paragraph and paragraphs 38 and 38.1 of the standard contract, this paragraph shall have precedence. 3.5.3 Consequences for Noncompliance The Contractor shall ensure 100% of the deliverables identified in Section 1.3.3 Scope of Services are performed pursuant to contract requirements, as described in Sections and subsections 2.3., 2.4, 2.5, 2.6 and 2.7 which are hereby identified as major deliverables on this contract. If at any time the Contractor is notified by the Alliance's Contract Manager that it has failed to correctly, completely,or adequately perform these major deliverables,the Contractor will have 10 days to submit a Corrective Action Plan("CAP") to the Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the Contract Manager. The Alliance shall assess a Financial Consequence for Non-Compliance on the Contractor for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Alliance may also assess a Financial Consequence for failure to timely submit a CAP. In the event Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, the Alliance shall deduct, from the payment for the invoice of the following month for each day the deficiency is not corrected, 1% of the monthly value of the portion of the reimbursement that is identified as-Management and General Costs" and —Facilities and Maintenance Costs" in the Contractor's unit rate methodology contained in the 28/89 OAA Contract AA-1429 Service Provider Application or, in the case of a for-profit provider that did not submit a unit rate methodology, this amount shall be 15 percent of the unit rate. The Alliance may also deduct, from the payment for the invoice of the following month, I% of the monthly value of the portion of the unit rate described above for each day the Contractor fails to timely submit a CAP. If,or to the extent, there is any conflict between this paragraph and paragraphs 38 and 38.1 of the standard contract, this paragraph shall have precedence. 29/89 QAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 10/89 OAA Contract AA-1429 ATTACHMENT 11 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS,GRANTS,LOANS AND AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00 and not more than$100,000.00 for each such failure. z Nov zo 13 e, Signature Date S1ICA'141 OAA & -�- AA 14a Name of AutAorized Individual Application or Agreement Number co L.t I Na cl P6 OE 9COr 'AM#,_,_pni 2 t 7- 57 e ! Key W xLla 3304KI DOEA Form 103 (Revised Nov 2002) 31189 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 32/89 OAA Contract AA-1429 ATTACHMENT III FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Department of Elder Affairs or the Alliance for Aging, Inc. to the provider may be subject to audits and/or monitoring by the Department of Elder Affairs or the Alliance for Aging, Inc.,as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised,and Section 215.97, F.S.,(see "AUDITS" below), monitoring procedures may include, but not be limited to,on-site visits by the department of staff,limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Elder Affairs or the Alliance for Aging, Inc. In the event the Department of Elder Affairs or the Alliance for Aging, Inc. determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Department of Elder Affairs or the Alliance for Aging, Inc. to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-13 3,as revised. In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the Department of Elder Affairs or the Alliance for Aging, Inc. by this agreement. In determining the Federal awards expended in its fiscal year,the provider shall consider all sources of Federal awards, including Federal resources received from the Department of Elder Affairs or the Alliance for Aging, Inc. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1,paragraph 1,the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Department of Elder Affairs or the Alliance for Aging, Inc. shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs or the Alliance for Aging, Inc. shall be fully disclosed in the audit report with reference to the Department of Elder Affairs or the Alliance for Aging, Inc. agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs or the Alliance for Aging Inc. in effect during the audit period. Financial reporting packages required under this part must be 331/89 OAA Contract AA-1429 submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. PART 11: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes In the event that the provider expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such provider(for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of Elder Affairs or the Alliance for Aging, Inc. by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Department of Elder Affairs or the Alliance for Aging, Inc., other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1; the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes,and Chapter 10.550(local governmental entities)or 10.650(nonprofit and for- profit organizations), Rules of the Auditor General. If the provider expends less than$500,000 in state financial assistance in its fiscal year(for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Department of Elder Affairs or the Alliance for Aging Inc. shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs or the Alliance for Aging, Inc. shall be fully disclosed in the audit report with reference to the Department of Elder Affairs or the Alliance for Aging Inc. agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs or the Alliance for Aging, Inc. in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Department of Elder Affairs or the Alliance for Aging, Inc. retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directly to each of the following: The Alliance for Aging, Inc.: Alliance for Aging,Inc. Attn: Carlos Lahitte 760 NW 107 1h Avenue,Suite 214 Miami,FL 33172-3155 34/89 0AA Contract AA-1429 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised(the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'h Street Jeffersonville,IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Alliance for Aging, Inc. at each of the following addresses: Alliance for Aging,Inc. Attn: Carlos Lahitte 760 NW 107'h Avenue,Suite 214 Miami,FL 33172-3155 Additionally,copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the provider directl to each of the following: The Alliance for Aging,Inc. at each of the following addresses: Alliance for Aging,Inc. Attn: Carlos Lahitte 760 NW 107'h Avenue, Suite 214 Miami,FL 33172-3155 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building,Room 574 111 West Madison Street Tallahassee,Florida 32399-1450 Any reports,management letter, or other information required to be submitted to the Department of Elder Affairs pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Providers, when submitting financial reporting packages to the Department of Elder Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued,and shall allow the Alliance for Aging, Inc. or its designee, the CFO or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made available to the Alliance for Aging, Inc. , or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued,unless extended in writing by the Alliance for Aging, Inc.. 35/189 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 36 89 OAA Contract AA-1429 ATTACHMENT III EXHIBIT I 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act Administration U.S.Health and Human Services 93.044 $27,655.38 Title 11EB—Support Services Older Americans Act Administration U.S.Health and Human Services 93.045 $132,499.03 Title 111C1—Congregate Meals Older Americans Act Administration U.S.Health and Human Services 93.045 $213,581.48 Title III C2—Home Delivered Meals Older Americans Act Administration U.S.Health and Human Services 93.052 $57,821.12 Title III E—Caregiver Support Services $431,557.01 TOTAL FEDERAL AWARD 37/89 ------------- ----------- ------- OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 3 8189 OAA Contract AA-1429 ATTACHMENT III EXHIBIT 2 PART 1:AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-1 33, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 11 of Exhibit I are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec.210 of OMB Circular A-13 3 and/or Rule 691-5.006,FAC,provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97,F.S. X _Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97,F.S. NOTE: If a provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the department to subcontract,they must comply with Section 215.97(7),F.S.,and Rule 691-.006(2),FAC[state financial assistance] and Section .400 OMB Circular A-133 [federal awards]. PART 11:FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES,LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State,Local and Indian Tribal Governments(Formerly OMB Circular A-87)* OMB Circular A-102—Administrative Requirements OMB Circular A-I 33—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non-Profit Organizations(Formerly OMB Circular A-122—Cost Principles)* 2 CFR Part 215 Administrative Requirements(Formerly OMB Circular A-110—Administrative Requirements) Requirements) OMB Circular A-133—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations EDUCATIONAL INSTITUTIONS(EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)MUST FOLLOW: 2 CFR Part 220 Cost Principles for Educational Institutions OMB(Formerly Circular A-21—Cost Principles)* 2 CFR Part 215 Administrative Requirements(Formerly OMB Circular A-1 10—Administrative Requirements) OMB Circular A-133—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A- 133 Compliance Supplement,Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient,must comply with the following fiscal laws,rules and regulations: Section 215.97.Fla. Stat. Chapter 691-5,Fla.Admin.Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations 39/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 40/89 OAA Contract AA-1429 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS,GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an attachment,hereby certifies that: (1) The contractor and any sub-contractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements;(2) the source and application of funds for all agreement supported activities; and(3)the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, contractor(s)will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the contractor (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state,time being of the essence. (4) The contractor and any sub-contractors) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub-contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Part 215 (formerly OMB Circular A-I 10). gyx4 kty 33011D N'Ln�v 0-1&�. /1100 5MQ(44%tJ Name ddress of ntractor i LE aT,r KC Signiturdl Title Date Name of AiAhorized Signer (Revised June 2008) 411/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 42/89 OAA Contract AA-1429 ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1) The prospective contractor certifies, by signing this certification, neither it nor its principals are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. 113 ArO t/ 21- Signature Date 'S 1Z e.JMR� Mf i r"11 Title Agency/9rganizatib1f S6, ornlr-leret (Certification signature should be same as Contract signature.) j Instructions for Certificati e`--,3-n�r`�7,ar'-actory L 'StLP 2-2S7 1. The terms "covered transaction," "debarred," "suspended," "ineligible,"KUN4f!tie ii&5�44WAsaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 2 CFR 376.10- 376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2. This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department may pursue available remedies, including suspension and/or debarment. 3. The contractor will provide immediate written notice to the Contract Manager if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4. The contractor will include a"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. 5. The contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 6. If the contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government,the department may pursue available remedies,including suspension,and/or debarment. 7. The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. (Revised June 200 43/89 CAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 44/89 OAA Contract AA-1429 ATTACHMENT V1 ASSURAINCES—NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget. Paperwork Reduction Project(0348-0043),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. I. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning, management,and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. " "' '.4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R.900,Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. : 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. C 794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975,as amended(42 U.S.C. : 6101-6107),which prohibits discrimination on the basis of age;(e) the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) _.: - 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee 3),as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title Vill of the Civil Rights Act of 1968(42 U.S.C. 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and 0)the requirements of any other nondiscrimination statute(s)which may apply to the application. 7. Will comply,or has already complied,with the requirements of Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C, 276c and 18 U.S.C. 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for federally assisted construction subagreements. 45/89 OAA Contract AA-1429 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. , 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. .' 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended,(P.L. 93-523);and (h) protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. : 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C. : 1470), EO 11593(identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. : ' 1469a-I et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. _':_]2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-1 33,Audits of States,Local Governments,and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION CC DATE SUBMITTED?L MR A _0E Sen rkcr% Ci-� - nment 3b, f4ov Z-01,3 '5��ERA GZAimm I I -1 i�-"T CzZio Cigar Factory 110,01 SU-nOntoni,�t., Sulte 2-257 Key West, Florida 33M 46/89 ---------- OAA Contract AA-1429 ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE CIRTS SUMMARY FOR THE AGENCY Service Maximum Maximum Service to be Provided Unit Rate Units of D Service ollars -Chore 11113 $22.00 291 $6,422.38 Homemaker/Personal Care 111B $22.00 370 $8,141.00 -Screening&Assessment 111B $25.00 24 $607.00 -Congregate Meals C1 $9.25 13,947 $129,011.03 -Congregate Meals Screening C1 $20.00 96 $1,925.00 Nutrition Counseling Cl $47.50 19 $926.00 -Nutrition Education C1 $0.20 3,185 $637.00 -Home Delivered Meals Frozen C2 $6.00 32,828 $196,971.60 -Home Delivered Meals Hot C2 $6.00 1,817 $10,906.88 Nutrition Counseling C2 $47.50 4 $190.00 -Nutrition Education C2 $0.20 1,810 $362.00 -Screening&Assessment C2 $25.00 206 $5,151.00 -Chore HIE $22.00 55 $1,213-98 In Home Respite 111E $20.00 998 $19,974.00 -Respite in Facility HIE $10.50 3,389 $35,589.14 -Screening&Assessment 111E $25.00 41 $1,044.00 -Material Aid (ITN) $1.00 10,435 $10,435.00 Education/Training(ITN) $82.00 25 $2,050.00 Total Contract $431,557.01 47/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 48/89 OAA Contract AA-1429 ATTACHMENT XrHI OLDER AMERICANS ACT CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On Submit to AAA. On This Date I January Advance* January 1 2 February Advance* January 1 3 January Expenditure Report February 5 4 February Expenditure Report March 5 5 March Expenditure Report April 5 6 April Expenditure Report May 5 7 May Expenditure Report June 5 8 June Expenditure Report July 5 9** July Expenditure Report** August 5 10** August Expenditure Report** September 5 11 September Expenditure Report October 5 12 October Expenditure Report November 5 13 November Expenditure Report December 5 14 December Expenditure Report January 5 15 Final Expenditure and Request for Payment February 15 16 Close Out Report February 28 Legend: * Advance based on projected cash need. ** Recoupment of advance due with this report. Note# 1: Report#1 for Advance Basis Agreements cannot be submitted to the Department of Financial Services(DFS)prior to January 1 or until the agreement with the AAA has been executed and a copy sent to DFS. Actual submission of the vouchers to DFS is dependent on the accuracy of the expenditure report. Note#2: All advance payments made to the Contractor shall be returned to the AAA by the submission date of report#9. The adjustment shall be recorded in Part C, 1 of the report (ATTACHMENT IX). Note#3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the AAA payment is to accompany the report. 49/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 50/ 9 OAA Contract AA-1429 ATTACHMENT IX REQUEST FOR PAYMENT OLDER AMERICANS ACT PROVIDER NAME,ADDRESS,PHONE AND FED ID NUMBER TYPE OF REPORT: THIS REQUEST PERIOD: Advance Report# Reimbursement Agreement # Agreement Period: PSA: CERTIFICATION: I hereby certify to the best of my knowledge that this request conforms with the terms and the purposes set forth in the above agreement. Prepared By: Date: Approved By: Date: PART A: (1}_ (2) _(3) (4) _ (T) (5) BUDGET SUMMARY ADMIN. III_B IIIc1 IIIC2 _ Title IIIE TOTAL I.Approved Agreement Amount. 0.00 0.00 0.00 0.00 0.00 0.00 2.Previous Funds RECEIVED for Agreement period. 0.00 0.00 0.00 __ 0.00 0.00 0.00 3.Agreement Balance 0.00 0.00 0.00 0.00 0.00 0.00 4.Previous Funds REQUESTED and Not Received. 0.00 0.00 0.00 0.00 0.00 0.00 5.Agreement Balance 0.00 0.00 0,00 0.00 0.00 0.00 PART B: FUNDS REQUESTED 1.1st-2nd Months Request Only 0.00 0.00 0.00 0.00 0.00 0.00 2.Net Expenditures For Month 0.00 0.00 0,00 0.04 0.00 0.00 3.Additional Cash Needs(Attach Doc.) 0.00 0.00 0.00 0.00 0.00 0.00 4.Total 0.00 0.00 0.00 0.00 0.00 0.00 PART C: NET FUNDS REQUESTED: 1.Less:Over-Advence 0.00 0.00 0.00 0.40 0.00 0.00 2,Agreement Funds are Hereby Requested For 0.00 0.00 0,00 0.00 0.00 0,00 POEA F{}W 106A revised 5110 51 '89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 52/89 OAA Contract AA-1429 ATTACHMENT)(. EXHIBIT-2 RECEIPTS AND EXPENDITURE REPORT OLDER AMERICAN ACT PROVIDER NAME,ADDRESS,PHONE#AND FEID# Program Funding Source: THIS REPORT PERIOD FROM: TO: file Ific'! CONTRACT IlIC2 PERIOD: CONTRACT# REPORT# PSA# CERTIFICATION: I certify to the best of my knoWedge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by Date:- Approved by Date: PART A:BUDGETED INCOME/RECEIPTS I.Approved 2.Actual Receipts 3.Total Receipts 4.Percent of Budget For This Report Year to Date Approved Budget 1.Federal Funds $0.00 $0.00 $0.00 % 2.State Funds WOO $0.00 $0.00 % 3.Program Income $0.00 $0.00 $0.00 % 4.Local Cash Match(GCE,HCE and Other) $0.00 $0.00 $0.00 % 5.SUBTOTAL:CASH RECEIPTS $0.00 $0.00 $0.00 % 6.Local In-Kind Match $0.00 $0.00 $0.00 % 7.TOTAL RECEIPTS $0.00 $0.00 $0.00 % PARTS:EXPENDITURES 1.Approved 2.Expenditures 3.Expenditures 4.Percent of Budget For This Report Year to Date Approved Budget 1.Meals/Meal Agreements $0.00 MOO $0.00 % 2.SenAce Subcontractor $0.00 MOO $0.00 % 3.Other $0.00 $0.00 $0.00 % 4,Indirect Cost $0.00 $0.00 $0.00 % 5.TOTAL EXPENDITURES $0.00 $0,00 $0.00 .% PART C:OTHER EXPENDITURES (For Tracking Purposes only) 1.Match a,Other and In-Kind $0.00 $0.00 $0,00 % b.Local Match $0.00 $0.00 $0.00 % 2.USDA Cash Received $0.00 $0.00 MOO % 3.TOTAL OTHER $0.00 $0.00 $0.00 .% PART D:OTHER REVENUE AND EXPENDITURES 2.Addition Cost Aftemative Program Income 3.Interest 1. Program Income(PI) a,Approved Budget$ a.Earned on OR Advances a,OAA Unbudgeted P1 Receipts YTD b.Received YTD $ ti.Retumol`GRAdvance $ c.Expenditures $ c.Other Earned $ DOEA FORM 105as reused 11/09 53/89 CAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 54/89 OAA Contract AA-1429 ATTACHMENT Y EXHIBIT 3 RECEIPTS AND EXPENDITURE REPORT OLDER AMERICAN ACT PROVIDER NAME,ADDRESS,PHONE#AND FEID# Program Funding Source: THIS REPORT PERIOD FROM: TO: CONTRACT Title ill E PERIOD: CONTRACT# REPORT# PSA# CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set frith in the contract. Prepared by: -Date: Approved by: Date: PART A:BUDGETED INCOME/RECEIPTS 1.Approved 2.Actual Receipts 3.Total Receipts 4.Percent of Budget For This Report Year to Date Approved Budget 1.Federal Funds $0.00 $0.00 $0.00 % 2.State Funds $0.00 $0.00 $0.00 % 3.Program Income $0,00 $0.00 $0.00 % 4.Local Cash Match $0.00 SO= $0.00 % 5.SUBTOTAL:CASH RECEIPTS $0.00 $0.00 $0.00 % 6.Local In-Kind Match $0.00 $0.00 $0.00 % 7.TOTAL RECEIPTS $0.00 $0.00 $0.00 % PART B:EXPENDITURES 1.Approved 2.Expenditures 3.Expenditures 4.Percent of Budget For This Report Year to Date Approved Budget A:Direct Services 1,Personnel MOO $0.00 $0.00 % 2.Travel $0.00 $0.00 $0.00 3.Building Space $0.00 $0.00 $0.00 % 4.Communication/Utilities $0.00 $0.00 $0.00 % 5.Printing f Supplies $0.00 WOO $0.00 6.Equipment $0.00 $0.00 $0.00 % 7.Other $0.00 MOO $0.00 % B:Agreement Services 8.Services Subcontracted $0.00 $0.00 $0.00 % 9.TOTAL EXPENDITURES $0.00 $0.00 $0.00 % 10.DEDUCTIONS a.Total Local Match SO= $0.00 $0.00 % b.Program Income Used $0.00 $0.00 $0.00 % c.TOTAL DEDUCTIONS $0,00 $0.00 $0.00 % 11.NET EXPENDITURES $0.00 $0.00 $0.00 PART C:EXPENDITURES ANALYSIS 2.Units of Services Year to Date 3.Number of People Served Year to Date A.Expenditures by Services Year to Date: 1.Information._........._.._... $4.00 __.__............_.$O00 _................._.....0_00 2.Assistance......,............. $0.00 ........._..........._$0.00 _..._......._........._4.,g4 3.Counseling........... ................_......$4.00 .._.._._..._._......_p,QQ 4.Respite.... ...... $0.00 ......$91.4:4 ........................_4,,QQ 5.Supplemental Services_.... $0.00 ......_................$0.00 .._........__......__ 6.TOTAL......__......_.__... $0.00 Part B Line 11,column 3 should be equal to this total. PART D:GRANDPARENT SERVICES(reported by Federal Fiscal Year) FFY $ FFY $ FFY $ Match$ Match$ Match$ DOEA FORM 105AE reused 12108 55189 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 5689 OAA Contract AA-1429 ATTACHMENT A Department of Elder Affairs Programs& Services Handbook, Available at the Alliance for Aging Internet site under,"Downloads". 57/89 OAA Contract AA-1429 THIS PACE INTENTIONALLY LEFT BLANK 58189 OAA Contract AA-1429 ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name - , County- tattCtyU AAA/Contractor Address 11pp Grr"'tJ vl� `ft • '{C-- 19 U Completed By �4A Vv - \40-4,,21 City, State,Zip Code Kcq es� R . 330(�o 1 Date I I It 15 Telephone 2-9Z.' PART I. READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: • w art. Cd\S k 664 9,04 ~ s `t lot, c tia-s atc6ld Rr ` 2. POPULATION OF AREA SERVED. Source of data: hoM r.ft �".q co re ot A01 a QMS- t %White % Black�;'� %His ni %Other,Z % Femal �` '�a� ( eeilStiS 3. STAFF CURRENTLY EMPLOYED. Effective date: Total#2© %White 7 O %Black 2Q %Hispanic 1 %Other:Q> %Female % Disabled 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: To I % hite % Black %Hisp is %Other-7( % Femtale % Disabled %Overo0 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total#5-1 %White W I %Black 0 1 %Hispanic Q %Other Q 1 % Female, %Disabled p PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE, 6. Is an Assurance of Compliance on file with DOEA? If NA or NO, explain. NA YES NO 7. Compare the staff composition to the population. Is staff representative of the population? NA YES NO If NA or NO, explain. ❑ 1Z El 8. Compare the client composition to the population. Are race and sex characteristics representative NA YES NO of the Population? If NA or NO, explain. ❑ K ❑ 9. Are eligibility requirements for services applied to clients and applicants without regard to NA YES NO race, color, national origin, sex, age, religion or disability? If NA or NO, explain. ❑ ❑ Vy-0 4 C o 59/89 (>AACootroct AA-l429 10. Are all benehts, services and facilities available hm applicants and participants in an equally effective manner regardless of rmoe, eox,cnlor, uge, national origin, religion ordisability?|fNAcvNO,explain. NA YES NO Fl I,� `�� `�[l 11. For in-patient oarvioen, are room assignments mode without regard to nuoe, color, national origin or disability? If NA or NO. explain. NA YES NO [� Y� Fl `� "� `� 12. |o the program/facility accessible to non-English speaking clients? If NAor NO, explain. 13. Are employees, applicants and participants informodofthoirpnohaodonaga)nstdinohminadon? |f yes, how? Verbal tK Written X Poster El |fNAor NO, explain. 14. Give the number and current status of any discrimination complaints regarding sonviman or employment filed against the program/facility. 15. Is the program/facility physically accessible to mobiUty, hoahng, and sight-impaired individuals? If NA or NO, explain. NA YES NO p4RTx|. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15OmMORE EMPLOYEES 16. Has m self-evaluation been conducted to identify any barriers to serving disabled individua|s, and ho make any necessary modifications? |f NO, explain. 17. Is there and established grievance procedure that incorporates due process in the resolution of complaints? If NO, explain. YES NO 6O/09 OAA Contract AA-l429 18. Has o person been designated bo coordinate Section 504 compliance activities? If NO, explain. YES NO Y� [� ~� `� _ 10. Do recruitment and notification mehaho|n advise app|ioanha, employees and participants of nondiscrimination on the basis of disability? |f NO, explain. 20. Are auxiliary aids available to aosons accessibility of services to hearing and sight impaired individuals? If NO, explain. YES NO �� El w� `� PART IV. FOR PROGRAMS OR FACILITIES WITH 5nOR MORE EMPLOYEES AND FEDERAL CONTRACTS OF$5g.VVOOR MORE. ��o wo 21 Ooyouhaveawh�enafOnnahveauhonp|an? |fN��. ewp|ain� . 6|/09 OAA Contract AA-1429 AAA USE ONLY Reviewed By In Compliance: YES 0 NO*0 Program Office *Notice of Corrective Action Sent Date -7 Telephone Response Due _/_/_ On-Site 0 Desk Review 0 Response Received DOER Form 101 A Revised May 2008 Page 2 of 2 57 62/89 ------------- OAA Contract AA-1429 ATTACHMENT B INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district,county,city or other locality. If the program/facility serves a specific target population such as adolescents,describe the target population. Also,define the type of service provided. 2. Enter the percent of the population served by race and sex.The population served includes persons in the geographical area for which services are provided such as a city,county or other regional area. Population statistics can be obtained from local chambers of commerce,libraries,or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other"races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board,leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA recipients and their sub-grantees,45 CFR 80.4(a). 7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic,is there a comparable percentage of Hispanic staff? 8. Where there is a significant variation between the race,sex or ethnic composition of the clients and their availability in the population,the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons,45 CFR 80.3 (b)(6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment?Evidence of such may be indicated in staff and client representation(Questions 3 and 4)and also through on-site record analysis of persons who applied but were denied services or employment,45 CFR 80.3 (a) and 45 CFR 80.1 (b)(2). 10. Participants or clients must be provided services such as medical,nursing and dental care,laboratory services, physical and recreational therapies,counseling and social services without regard to race,sex,color,national origin, religion,age or disability. Courtesy titles,appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race,sex,color,national origin,religion,age or disability. Entrances,waiting rooms,reception areas,restrooms and other facilities must also be equally available to all clients,45 CFR 80.3 (b). 11. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race,color, national origin,or disability,45 CFR 80.3 (a). 12. The program/facility and all services must be accessible to participants and applicants,including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, 63/89 OAA Contract AA-1429 program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services,45 CFR 80.3 (a). 13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants,beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of HHS. The information may be supplied verbally or in writing to every individual,or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility,45 CFR 80.6 (d). 14. Report number of discrimination complaints filed against the program/facility. Indicate the basis,e.g.,race,color, creed,sex,age,national origin,disability,retaliation; the issues involved,e.g.,services or employment,placement, termination,etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state or federal agency with whom the complaint has been filed. Indicate the current status,e.g., settled,no reasonable cause found,failure to conciliate, failure to cooperate,under review,etc. 15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches,ramps and adequate widths to entrances. The lobby, public telephone,restroom facilities,water fountains,information and admissions offices should be accessible. Door widths and traffic areas of administrative offices,cafeterias,restrooms,recreation areas,counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light,heat,ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self-evaluation to identify any accessibility barriers. Self-evaluation is a four step process: ❑ With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. ❑ Modify policies and practices that do not meet Section 504 requirements. ❑ Take remedial steps to eliminate any discrimination that has been identified. ❑ Maintain self-evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.),45 CFR 84.6. 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7(b). 18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability.This includes recruitment material,notices for hearings,newspaper ads,and other appropriate written communication,45 CFR 84.8 (a). 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory,manual or speaking skills where necessary. Auxiliary aids may include,but are not limited to, interpreters for hearing,, impaired individuals, taped or Braille materials,or any alternative resources that can be used to provide equally effective services,(45 CFR 84.52(d). 21. Programs/facilities with 50 or more employees and$50,000 in federal contracts must develop,implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246.41 CFR 60 and Title VI of the Civil Rights Act of 1964,as amended. 64/89 OAA Contract AA-1429 ATiTACH.MENT D Provider's State Contracts List REPORT PERIOD: From To PROVIDER IA/ORMATIOlY Name: Phone Address: Ema/: FEID: Contact: 3 4. to f � E r 13 ._r F4 IS 1 i 16 I 17 18 19 20 Total sI�3MTUR e: DATE: rM E: 65/89 �o(Z�l fn l-E OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 66t`89 OAA Contract AA-1429 ATTACHMENT E Department's Computer Use Policy and its Social Media Policy Available at the Alliance for Aging Internet site under,'"Downloads". 67/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 68/89 OAA Contract AA-1429 ATTACIBIENT G BACKGROUND SCREENING 'ELDER `AFFAIRS Affidavit of Compliance - Employer AUTHO RI'M this form Is required annually of all employers to comply with the attestation requirenterits set forth in section 435.05{3},Florldia Statutes. r The term *employer" means any person or entity required by taw to conduct background screening, including but not limited to, Area Agencies on Aging, Aging Resource Centers, Aging and Disability Resource Centers,Lead Agencies,Long-Term Care Ombudsman Program,Serving Health Insurance deeds of Elders Program, Service Providers, Divers rsn Providers, and any other person or entity which hires ernployees or has volunteers in service who meet the definition of a direct service prorwd r. site §6 415,02,430,0402,Fla.Slat, y A direct wruite provider Is 'a person tg years of aim or older wtio, pursuant to a program to provide services to the elderly,has direct,face-to-face contact with a client awhile providing services to the client and has access to the clients living area,funds,personal property,or personal iclentdication information as defined in s_ 817.568. The term includes coordinators, managers, and supervisors of resiclential facihties�and volunteers." §430.0402(l((b),Fla.$tat- ATTESTATION• As the duty authorized representative of Employer Name located at Street Address City Starve ZIP code i, do hereby affirm under penalty of perjury Name of Representative that the above married employer is in compliance with the provisions of Chapter 435 and section 430,0402,Florida Statutes,regarding level 2 background screening. Signature of Representative Date STATE OF FLORIDA,COUNTY OF Sworn to(or affirmed) and subscribed before me this day of 20 . by (Name of Representative)who is personally known to me or produced as proof of identification. Fnr,4_"rpe.ce Stamp Cammisuoned Name of Notary Public Notary Public r)CtEA ir+n 235,Affidavit of Corr""..€eTmr .ilver.Effoctivt Aptit 2012 =,ecta*an 435 0501,€s F�rr3 ay.�i3abi�.B4 fydr6lSv�,#f farl'�#f"��t,kt..r4,a:.f>#�ctt�,.'t�s�k�rr"+�er�f:.�r�+ar.��i4,��e 69/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 70/89 OAA Contract AA-1429 ATTACHMENT H Verification of Employment Status Certification As a condition of contracting with the Alliance for Aging, Inc., M.""', �q hereby referred to as contractor, certifies the use of the U.S. Department of Homelanl Security's E-verify system to verify the employment eligibility of all new employees hired by Contractor during the contract term to perform employment duties pursuant to this Agreement and(b)that any subcontracts include an express requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 2-0 Signature Date (Same as contract signature) S P- . -D 19-e- Title CM—NTY, NROE Comp fl; C -R- id" n, ,e'HisloriCe C"Pr Fa-r-0:7 110ij,51mor 2-257 Key West,Flo-Ida 3133- 4-1 71/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 72/89 ()AACoo1nu: AA-l42g ATTACHMENT J Alliance for Aging, Inc. Business Associate Agreement dated. by the Alliance for Aging, Inc('^CmveredEotDy'`)and . (^Bus|newwAmmooiate"). anct-fopprofit Florida corporation. 1.0 Background 1.1 Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the use of Protected Health Information(PHI). 1.2 Covered Entity, recognizes the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)and has indicated its intent to comply in the County's Policies and Procedures. 1.3 HIPAA regulations establish specific conditions on when and how covered entities may share information with contractors who perform functions for the Covered Entity. 1.4 HIPAA requires the Covered Entity and the Business Associate to enter into a contract or agreement containing specific requirements to protect the confidentiality and security of patients' PHI, as set forth in, but not limited to the Code cf Federal Regulations(C.F.R.). specifically 45C.F.R. §§ 1G4.5U2(o). 1O4.5O4(o). 184.3U8(b). and 1G4.314(e'b)(2U1O)(as may apply)and contained )n this agreement. 1.5 The Health Information Technology for Economic and Clinical Health Act(2OUQ). the American Recovery and Reinvestment Act(2009)and Part I— Improved Privacy Provisions and Security provisions located at 42 United States Code (U.S.C.)§§ 17031 and 17934(2010)require business associates of covered entities to comply with the H|P/ASecuhty Ru|o, as set forth in, but not limited 0o45C.F.R. §§ 164.308. 164.310. 164.312. and 164.316 (2009)and such sections shall apply to a business associate of covered entity in the same manner that such sections apply ho the covered entity. The parties therefore ognao as follows: 2.0 Definitions. For purposes of this agreement,the following definitions apply: 2.1 Access. The ability or the means necessary ho read,write, modify, or communicate data/information or otherwise use any system resource. 2.2 Administrative Safeguards. The administrative actions,and policies and procedures,ho manage the selection, development, implementation, and maintenance of security measures to protect electronic Protected Health Information(ePH|)and ho manage the conduct cf the covered entity's workforce in relation ho the protection of that information. 2.3 ARRA. The American Recovery and Reinvestment Act(2OOQ) 24 Authentication. The corroboration that o person io the one claimed. 2.5 Availability, The property that data or information is accessible and useable upon demand by an authorized person. 2.6 Breach. The unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information. 2.7 Compromises the Security. Posing a significant risk of financial, neputadnno|. or other harm to individuals. 2.8 Confidentiality. The property that data or information io not made available or disclosed bz unauthorized persons orprocesses. 73/09 (]AA Contract AA-l429 2.9 Electronic Protected Health Unfmrnmmtwn,(ePHI) Health information ao specified in45CFR§1GO.1O3(1)(i)or (1)(ii), limited to the information created or received by Business Associate from or on behalf of Covered Entity, 2.10 HVTECH. The Health Information Technology for Economic and Clinical Health Act(20OQ) 2.11 Information System. An interconnected set ofinformation resources under the same direct management control that shares common functionality. /\system normally includes hardware, software, information,data, applications, communications, and people. 2.12 Integrity. The property that data or information have not been altered or destroyed inan unauthorized manner. 2.13 KAmWoimus software. Software, for example, a virus, designed bo damage or disrupts osystem. 2.14 Part[ Part|— Improved Privacy Provisions and Security provisions located at 42 United States Code (U.S.C§§ 17931 and 17934(2010). 2.15 Pmmmm/wpd. Confidential authentication information composed ofu string cf characters. ' 2.16 Physical Safeguards. The physical measures, policies, and procedures tu protect covered entity's electronic information systems and related buildings and equipment, from natural and environmental hazards, and unauthorized intrusion. 2.17 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at45CFR Part 10O and Part 1G4. subparts A and E. 2.18 Protected Health Information. (PHI) Health information oo defined in45CFR §160.103, limited to the information created or received by Business Associate from oron behalf cf Covered Entity. 2.19 Required By Law. Has the same meaning as the term"required by law" in 45CFR§ 184.103. 2.20 Secretary. The Secretary of the Department of Health and Human Services or his or her designee. 121 Security incident. The attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations inan information system. 2.22 Security or Security measures. All cfthe administrative, physical, and technical safeguards inon information system. 223 Security Rule. The Security Standards for the protection of Electronic Protected Health Information at45CFR part 1G4. subpart C. and amendments thereto. 2.24 Technical Safeguards. The technology and the policy and procedures for its use that protect electronic protected health information and control access to it. 2.25 Unsecured PHI. Protected health information that is not secured through the use of technology or methodologyspecified by the Secretary in guidance issued 74/0g �� {}AA Contract AA-|42A undmr42 U.S.C. section 17933(h)(2). 2.26 All other terms used, but not otherwise defined, in this Agreement shall have the same meaning ao those terms in the Privacy Rule. 3.0. Obligations and Activities o0Business Associate. 3.1 Business Associate agrees to not use or disclose PHI other than as permitted or required by this agreement ores Required by Law. 3.2 Business Associate agrees to: (u) Implement policies and procedures bo prevent, detect, contain and correct Security violations in accordance with 45CFR§ 164308; (b) Prevent use or disclosure of the PH| other than as provided for bythis Agreement orns required bylaw; (o) Reasonably and appropriately protect the confidentiality, integrity, and availability of the oPH| that the Business Associate creates, receives, maintains, or transmits on behalf of the Covered Entity; and (d) Comply with the Security Rule requirements including the Administrative Safeguards, Physical Safeguards, Technical Safeguards, and policies and procedures and documentation requirements set forth )n45CFR§§ 1G4.3O8. 184.31U. 184.312. and 1G4.31G. 3.3 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that)s known to Business Associate cf a use or disclosure of PHI by Business Associate)n violation of the requirements cf this Agreement. 34 Business Associate agrees ho promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement cf which )tbecomes aware. This includes any requests for inspection, copying or amendment of such information and including any security incident involving PHI. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any individual whose unsecured PHI has been,or)o reasonably believed bythe Business Associate to have been, accessed, acquired, or disclosed during such security breach; and (b) All information required for the Notice to the Secretary ofHHSofBreach of Unsecured Protected Health Information. 3.6 Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received byBusiness Associate on behalf of Covered Entity, agrees k/the same restrictions and conditions that apply through this Agreement to Business Associate with respect bz such information. 3.7 |f Business Associate has PHI ina Designated Record Set: (a) Business Associate agrees 0m provide access, at the request cdCovered Entity during regular business hours, bo PHI /na Designated Record Set, to Covered Entity or, aa directed by Covered Entity, boan individual in order hz meet the requirements under 45CFR§104.524; and 75/8g OAA Contract AA-l42g (b) Business Associate agrees tomake any omnndmonts)hm PHI ina Designated Record Set that the Covered Entity directs or agrees bz pursuant to45CFR§ 164.326at the request of Covered Entity oran Individual within 1O business days of receiving the request. 3.8 Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered EnUty, available to the Covered Entity orbzthe Secretary upon request of either for purposes of determining Covered Entity's compliance with the Privacy Rule. 3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond toa request bymn individual for en accounting cf disclosures of PHI in accordance with 45CFR§ 104.528. 3.10 Business Associate agrees to provide to Covered Entity or an individual, upon request, information collected in accordance with Paragraphs h and i above, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45CFR § 164.528 and AFlRA§ 134U4. 3.11 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI in electronic or any other form, that it creates, receives, maintains, or transmits on behalf of the Covered Entity. 3.12 Business Associate agrees to implement security measures to secure passwords used bo access ePH|that)t accesses, maintains, or transmits as part of this Agreement from malicious software and other man-made and natural vulnerabilities to assure the availability, integrity, and confidentiality of such information. 3.13 Business Associate agrees to implement security measures to safeguard ePHI that it accesses, maintains, or transmits as part of this agreement from malicious software and other man-made and natural vulnerabilities to assure the availability, integrity, and confidentiality of such information. 3.14 Business Associate agrees ho comply with: (o) ARR^A§ 134O4(Application of Knowledge Elements Associated with Contracts); (b) ARRAQ134U5(Restrictions on Certain Disclosures and Sales ofHealth Information); and (o) ARRA§ 134UG(Conditions on Certain Contacts ao Part of Health Care Operations). 4.0 Fenmiftmd Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement or any related agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. 5,0 Specific Use and 0|sc|mmunm Provisions. 5.1 Except as otherwise Um/tad in this agreement or any related agreement, 76/89 OAA Contract AA-\429 Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 5.2 Except ea otherwise limited in this agreement or any related agreement, Business Associate may disclose PHI for the proper management and administration ofthe Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 5.3 Business Associate may use PHI to provide data aggregation services to Covered Entity ao permitted by45CFR8164.5O4(o)(2)(i)(B).only when specifically authorized by Covered Entity. 5.4 Business Associate may use PHI 0o report violations of law toappropriate Federal and State authorities, consistent with 45CFR§1G4.5O26X1>� 6.0 Obligations qYCovered Entity. 8.1 Covered Entity ohnU notify Business Associate of any limitation(s)in its notice of phvaoypnacticeaofCovenadEnUh/ina000rdanmavv)dh45CFR§ 164.520. totho extent that such limitation may affect 8us)noaa Associate's use or disclosure of PH|, by providing a copy of the most current Notice of Privacy Pxaodoeo(NPP) to Business Associate ao Attachment|0o this Agreement. Future Notices and/or modifications to the NPP shall bo posted on Covered Entity's wabobeat . 6.2 Covered Entity shall notify Business Associate of any restriction to the use or disclosure nf PHI that Covered Entity has agreed toin accordance with 45CFR § 1S4.522. to the extent that such restriction may affect Business Associate's use or disclosure ofPHI. 7.0 Permissible Requests by Covered Entity. Except for data aggregation or management and administrative activities of Business Associate, Covered Entity shall not request Business Associate 0o use or disclose PHI )n any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 8.0 Effective Date and Termination. 8.1 The Parties hereby agree that this agreement amends, naotebeo and replaces any other Business Associate Agreement currently)n effect between Covered Entity and Business Associate and that the provisions of this agreement shall bo effective aofollows: (a) These Business Associate Agreement provisions, with the exception cf the electronic security provisions and the provisions mandated by ARR\. H|TECH and Part| shall be effective upon the later nf April 14. 2UO3. or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use ofPHI; (b) The electronic security provisions hereof shall be effective the later of April 21. 2OQ5or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI: and (o) Provisions hereof mandated byARRA. H|TECH and/or Part| shall ba 77/09 ()AA Contract AA-l429 effective the later ofFebruary 17. 201Om the effective date of the earliest contract entered into between covered entity and business associate that involves the use of PHI orePH|. 8.2 Termination for Cause. Upon Covered Entity's knowledge ofo material breach by Business Associate, Covered Entity shall either: (a) Provide on opportunity for Business Associate bo cure the breach orend the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (b) Immediately terminate this agreement)f Business Associate has breached a material term of this Agreement and cure io not possible; or (o) |f neither termination nor cure)a feasible, Covered Entity shall report the violation to the Secretary. 8.3 Effect of Termination. Except as provided in subparagraph(b)of this section, upon termination of this agreement, for any reason, Business Associate shall return all PHI and ePHI received from Covered Entity, or created or received by Business Associate on behalf cf Covered Entity. (a) This provision shall apply 0o PHI and ePH| that)m)n the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI and ePHi (b) |n the event that Business Associate or Covered Entity determines that returning the PHI orePH| )o infeasible, notification of the conditions that make return of PHI oroPH| infeasible shall bo provided Vo the other party. Business Associate shall extend the protections of this Agreement to such retained PHI and oPH|and limit further uses and disclosures of such retained PHI and oPH|.for a minimum cf six years and so long ao Business Associate maintains such PHI and oPH|. but no less than six (G)years after the termination of this agreement. 0.0 Regulatory References. A reference)n this agreement to a 000don in the Privacy Rule or Security Rule means the section then in effect oroo may bo amended in the future. 10.0 Amendment. The Parties agree to take such action as)s necessary hoamend this agreement from time to time ao}o necessary for Covered Entity bocomply with the requirements of the Privacy Rule, the Security Rule and the Health Insurance Portability and Accountability Act of1Q06. Pub. L No. 1O4-1A1. 11.0 Survival. Any term, condition, covenant or obligation which requires performance by either party hereto subsequent kz the termination ufthis agreement shall remain enforceable against such party subsequent tusuch termination. 12.0 Interpretation. Any ambiguity)n this agreement shall be resolved to permit Covered Entity 0o comply with the Privacy Rule and Security Rule. 13.0 Incorporation by reference. Any future newnequinement(s). changes or deletion(s)enacted in federal law which create new or different obligations with respect to HIPAA privacy and/or security, shall be automatically incorporated by reference to this Business Associate Agreement on the respective effective dahe(s). 70/0g {)AACmotnuct AA-l42P 14.0 Notices. All notices and communications required, necessary or desired bobe given pursuant to this agreement, including a change of address for purposes cf such notices and communications, shall bein writing and delivered personally to the other party or sent by express 24-hour guaranteed courier or delivery service, or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other party as follows(or to such other place os any party may by notice ho the others speoify): To Covered Entity: Alliance for Aging, Inc. Attention: Max B. Rothman,JD, LLK8. 760NVV107th Avenue, Suite 214 Miami, Florida 33172'3155 To Business Associate: AnyouohnoUoesha|| bedeemed notice cannot be delivered or delivery thereof iorefused, delivery will be deemed to have oo1UMd�WAhWMe4i�uWMtdK"iy was attempted. My Wer4 Honda 3-344410 15.0 Governing Law. The laws cf the State of Florida,without giving effect ho phncip|eocfnogOictof|owm. governo|| matteraahoingundorthioagreemenL 16D Senerabi|ity. |f any provision in this agreement io unenforceable ho any extent, the remainder of this agreement, or application of that provision ho any persons or circumstances other than those as to which it is held unenforceable,will not be affected by that unenforceability and will be enforceable to the fullest extent permitted bylaw. 17.0 Successors. Any successor hu Business Associate(whether by direct orindirect orby purchase, merger, consolidation, or otherwise) io required toassume Business Associate's obligations under this agreement and agree to perform them )n the same manner and to the same extent that Business Associate would have been required&oif that succession had not taken place. This assumption by the successor of the Business Associate's obligations shall bebywritten agreement satisfactory hu Covered Entity. 18.0 Entire Agreement. This agreement constitutes the entire agreement cf the parties relating to the subject matter of this agreement and supersedes all other oral or written agreements or policies relating thereto, except that this agreement does not limit the amendment of this agreement in accordance with section 10.0 of this agreement. Covered Entity: By: Date: Business Associate: By: Date: i-3 79/09 {AAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 80/89 (}AA Contract AA-l42g ATTACHMENT K Alliance for Aging, Inc. Aging and Disability Resource Center/Elder H8|DUOe AGING AND DISABILITY RESOURCE CENTER (A0RC)—OUTSOURCED FUNCTIONS L IY applicable,the provider agrees bo the following: A. Perform ADRC outsourced functions in accordance with the Alliance's policies and procedures. i. Policies and Procedures for[}utaouncedFunction-Screening ii. Policies and Procedures for(]utooun:edFunction-Triage iii. Policies and Procedures for Activation from VVaidiot-Client Services iv. Po|ioiooandPnoowduneahnrTonninobonhnmVVoidist-C|iontSarvioeo B. Maintain wait lists in C|RTSin accordance with DOEAnequinomonta. C. Report number of client contacts to the Aging and Disability Resource Center. D. Adhere to prioritization policy as set forth byD(]EAon a monthly basis. Reference D[>EANoUce of Instruction:Assessed Priority Consumer List#:062906-1-1-OVCS as applicable. E. Ensure the agency's Disaster Plan reflects ADRC Outsourced Functions, annually or as needed to incorporate ADRCouboounoodfunctions. F. Ensure against conflicts of interest and inappropriate self-referrals by referring consumers in need of options counseling or long-term care services beyond the provider's scope cf services tothe Aging and Disability Resource Center. G. Ensure that services provided are in the clients' best intemest, are the most cost efemtive, of high quality, and are responsive and appropriate ho the assessed needs. The Assessed Priority Consumer List (APCL) is maintained when services funded by the department are not available. Contracted providers of registered oen/ioeo for A|zheimor'e Disease Initiative (AD|) and Older American's Act (O/A) maintain waiting Uoto in the C|RTS database for registered services when funding is not available. Registered Services for the above listed programs are as follows: Adult Day Care (ADC), Adult Day Health Care (AOHC). Chone (CHQ), Eaood (ESC). Home Delivered yWea|e (HOK8). Home Health Aide (HHA). Homemaker (HK4K). Model Day Cave (K4DC). Personal Cane (PECA). Facility-Based Respite (RESF). In-Home Respite (RESp). 8l/89 ()AACnntrmct AA-|429 Alliance for Aging, Inc. Aging and Disability Resource Center/EidenHelpWma Policy and Procedure for Owtmmuroedfunzt!on-Soreening Creation Date: March 5. 2OO8 Revision Date: May 2O12 Objective: To ensure that a comprehensive list of clients in need of services is maintained in CIRTS by appropriate funding source and that the ADRC is thereby able to effectively gauge the level of elder service need in Miami-Dade and Monroe Counties. Policy: To obtain necessary information from clients in order to assist in determining level ofneed and eligibility for OOEA funded services Procedure: 1. ADRC Contracted Providers will collect information from callers and conduct e 701A eoseaomanL Alternatively, if 701B assessment already exists or is provided from another source (i.e. CARES) the information from the 701B can beutilized. 2. Based on the information provided via the 701A(B) assessment, the ADRC Contracted Provider will make a determination asto the services that the caller ioin need cf receiving . 3. The ADRC Contracted Provider will determine the appropriate funding source(s) that provides the needed services. 4. If the caller is in need of service(s) that is not provided by the ADRC Contracted Provider, the ADRC Contracted Provider will refer caller to the ADRC Elder He/p|ine utilizing the ADRC Referral Form and/or boon ADRC Contracted Provider that provides the needed service. 5. The caller will be provided with general information regarding the ADRC as well as the ADRC Elder He/pUne contact number. O. The caller will be informed of the services and funding sources that they are being placed on the wait list for inC|RTS. 7. ADRC Contracted Provider will create a client record in CIRTS (if there is no existing record) and enter the services needed for the caller by funding source and service. [If there is an existing record in C|RTS. the appropriate fields will beupdetedl 8. If the ADRC Contracted Provider determines that the caller may qualify for more than one funding source, ADRC Contracted Provider is encouraged to enter the oppnopheha information under multiple &2/0g ()AACootrout AA-l42D funding sources. Of there is on existing client record in C|RTS. the client record in C|RTS will be updated with appropriate infonnadon]. Q. ADRC Contracted Provider will inform caller that they will receive a follow-up call (or home visit in case of active client) to check on their status based on OOEA Wait List Reassessment Standards and encourage caller to contact the A[)RC Elder He|pUne with any questions. O3/09 ()AA Contract AA-l429 Alliance for Aging, Inc. Aging and Disability Resource Cemter/EiderHw}pHne Policy and Procedure for Outswmmcedfwnu±iwm-Trfage Creation Date: March 5. 2OU8 Revision Date: K4ay2O12 Objective: To ensure that clients in need of DOEA funded services receive services based on the highest level of need,first, ea funding becomes available. Policy: To assist clients in obtaining DOEA funded services as funding becomes available, based on level of need as determined byaC|RTS priority score. PnmcwWwne: 1. ADRC Contracted Provider will conduct periodic follow-up oaUo (or home visit in case of active client) to check on client status based onOOEA Wait List Reassessment Standards. 2. Based on the information provided via the 701A(B) assessment, the ADRC Contracted Provider will update the client information in C|RTS specifically as it pertains to level of need for services by funding source. 3. The ADRC Contracted Provider will ensure that the C|RTS prioritization 000no is accurately maintained, according hzDOEAStandards. 4. If the caller is in need of a service(s) that is not provided by the ADRC Contracted, Provider, the ADRC Contracted Provider will refer caller to the ADRC Elder Helpline utilizing the ADRC Referral Form and/or to an ADRC Contracted Provider that provides the needed service. 5. The caller will be informed of the services and funding sources that they remain on the wait list for and/or have been removed from the wait list for. S. ADRC Contracted Provider will advise client of any change in their C|RTS priority score based on the updated information. 7. ADRC Contracted Provider will remind client of the ADRC Elder Help Line contact number and hucontact the ADRC Elder Help Line with any questions orconcerns. 8. As funding becomes mwsi/ab|e. ADRC Contracted Provider will run C/RTS Prioritization Report and activate clients according to OOEA Standards (refer to ADRC Client Activation Policies and Procedures). The Contracted Provider will apply targeting ohtahe, as appnrphote, to prioritized clients to ensure activations meet programmatic requirements. Alliance for Aging, Inc. 84/09 OAAContour AA-l42g Aging and Disability Resource Canter/E|derHe!pl|ne Policy and Procedure for AotiwmdionFrpmmWmitList—CBewts/Servicmm Creation Date: March 5. 2UO8 Revision Date: yWay2O12 Objective: To ensure that elders in need ofO{}EA funded services in Miami-Dade and Monroe Counties and onthe C|RTSvveit list begin to receive aan/inea as funding becomes available. Policy: ADRC will work with ADRC Contracted Providers to ensure that clients waiting for DOEA funded services begin bo receive those services oo funding becomes available. Procedure: 1. ADRC Contracted Provider will activate clients on C|F[TGwoit list based on D(]EAphoriUzabon polices and funding availability. 2. ADRC Contracted Provider will update C|RTS status by funding source and oomioe for any services being activated for the client using appropriate C|RTScodes. 3. Client may be left on wait list of a different funding source than the one being aoUvobad if ADRC Contracted Provider determines that itiaappropriate. 4. Client may also be left on wait list in C|RTG if they are being activated by the ADRC Contracted Provider under temporary non'DOEAyunding source and ADRC Contracted Provider determines that the clients' need will persist after the temporary funding source ieexhausted. 5. ADRC Contracted Provider will inform the client of any services/funding source that they are being activated for as well as those services and funding sources that they will continue to be wait listed for. S. ADRC Contracted Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding the status of any of their services. 05/@A _____ _ [AACoutraot AA-l42V Alliance for Aging, Inc. Aging and Disability Resource Cantar/EiderHelpMme Policy and Procedure for Temminmd(omFmnmnVVmitLimt—CMantm/Servicem Creation Date: March 5. 2UUH Revision Dmdm/ W4ey2O12 Objective:To ensure that the comprehensive list of clients in need of services in CIRTS is appropriately maintained by funding source and that the ADRC is thereby able to effectively gauge the current level of elder service need in Miami-Dade and Monroe Counties. Policy: ADRC will maintain an accurate and current list of clients in need of elder services in Miami-Dade and Monroe Counties with the assistance of the ADRC Contracted Providers. Pnmoedwmw: 1. ADRC Contracted Provider will re-screen ohonto which the ADRC Contracted Provider initially placed on the C|RTS wait list for services based onDOEA Reassessment Standards. 2. The re-screening may be in the form of a phone screening or a home visit depending on the clients status (i.e. aodve/pending) 3. ADRC Contracted Provider will determine if the client is no longer in need (or eligible) for any of the services they were wait-listed for. 4. ADRC Contracted Provider will terminate the client from the wait list (entirely or by specific service) using the appropriate C/RTS termination code for any services or funding source for which the client is determined tono longer be eligible for orno longer in need of. 5. ADRC Contracted Provider will inform the client of any services/funding source that they are being removed from the wait list for. O. ADRC Contracted Provider will inform client of their ability to be re-added to the wait list if their level of need should change. 7. ADRC Contracted Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding their wait list status. 0. Reference DOEA Notice of Instruction:Assessed Priority Consumer List#:062906-1-I-OVCS as applicable. 0h/09 ()AA Contract AA-\424 Aging and Disability Resource Center Monthly Client Data Report Instructions NOTE: All Service Providers are required bm submit the Client Data Report oma monthly basis m«the same time that they submit the Surplus Deficit Report and related expenditure plan tothe Contract Manager. Total#of Personal Contacts (Calls, Walk-ins, Mail, E-mails or Faxes): This iso count cf all contacts during the reporting period from individuals seeking inhomoaUon, referral or assistance for themselves orothers received by the ADRC, oohm|hba of5ne, anyoutsouroed enbh/, or, to the extent possible, all access points with which the ADRC has an agreement. Contacts include telephone calls, walk-ins, mail, e-mails or faxes for the entire planning and service area. These are communications related to ADRC functions, including ADRC-related one-to-one outreach contacts when consumers are provided with information, referral or assistance for themselves or others. They do not include ADRC public education activities. Administrative and personal contacts are excluded. This number is not an unduplicated count. Documentation for the total count by type of contact and source receiving the contact must be maintained by the A[]RC. 87/89 OAA Contract AA-1429 THIS PAGE INTENTIONALLY LEFT BLANK 88/89 OAA Contract AA-1429 ATTACHMENT L CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS The undersigned,an authorized representative of the Contractor named in the contract or agreement to which this form is an attachment,hereby certifies that: (1)The Contractor understands that pursuant to s. 287.135 F.S.,any company at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract,that is on the-Scrutinized Companies with Activities in Sudan List"or the"Scrutinized Companies with Activities in the Iran Petroleum Sector List (collectively, "the Lists") is ineligible for,and may not bid on,submit a proposal for, or enter into or renew a contract pursuant to which funding is provided by the Department of Elder Affairs(Department) for goods or services of$1. million or more. (2)The Contractor understands that,pursuant to s. 287.135 F.S., any company that submits a false certification is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false certification. (3)The Contractor understands that the contract to which this form is an attachment may be terminated by the AAA if the Contractor submits a false certification or has been placed on the Lists. This certification,required by Florida law,is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. IVOV 2,-�13 Signature Date (Same as contract signature) Title CM-N-1-Y efloopmRoe Aunwenlit shf: The Hi-A Oric F"3 w0 Y Su' Key West, Norida 31 89/89 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/20/2013 Division: Deputy County Administrator Bulk Item: Yes X No Department: Social Services ff,�ontact Person: Sheryl Graham J (305)292-4511 AGENDA ITEM WORDING: Request approval of amendment#009 of the Alliance for Aging,Inc Standard Contract, Older Americans Act(OAA)Contract AA-1329 between the Alliance For Aging, Inc. (AAA) and the Monroe County Board of County Commissioners(Social Services/In home and nutrition programs)for the current contract period of 1/1/13 to 12/31/13. ITEM BACKGROUND: The purpose of Amendment#009 is to decrease Title 11113 ITN (Supportive Services) allocation by$18,515.00 from$46,418.01 to $27,903.01. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Amendment #007 Older Americans Act (OAA) Contract #AA-1329 on 10/16/13. Amendment #008 is pending approval by BOCC for 11/20/2013 meeting. CONTRACT/AGREEMENT CHANGES: Amendment#009 decreases the total funding by $18,515.00 from the award amount of$455,563.38 to $437,048.38. STAFF RECOMMENDATIONS: Approval TOTAL COST: $437,048.38 BUDGETED: Yes X No COST TO COUNTY: $48,560.93 in kind(match required) SOURCE OF FUNDS: Grant funds_ REVENUE PRODUCING: Yes N/A No— AMOUNT PER: MONTH: YEAR: APPROVED BY: County Atty. A/Purchasing k/ Risk Management oLy- DOCUMENTATION: Included x Not Required To Follow DISPOSITION: AGENDA ITEM# Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT"SUMMARY Contract with: Alliance For Aging,Inc. Contract: AA-1329 (AAA) Effective Date: 11/20/2013 Expiration Date: 12/31/2013 Contract Purpose/Description: Request approval of Amendment#009 of the Older Americans Act(OAA) Contract AA-1329 between the Alliance for Aging,Inc.(AAA)and Monroe County Beard of County Commissioners(Social Services/In Home and Nutritional Services). Contract Manager: Sheryl Graham A"? Social Services/Stop 1 4511 (Name) (Ext.) (Department/Stop#) For BOCC meetin on 11/20/2013 Agenda Deadline: 11/5/2013 CONTRACT COSTS Total Dollar Value of Contract:approx.$437,048.38 Current Year Portion: $ Budgeted?Yes X No Account Codes: _125-6153013_- _ 125-6153113 - - - County Match:$48,560.93 125.6153213 - - Additional Match: _125-6153413 - - - Total Match$48,560.93 ADDITIONAL COSTS Estimated Ongoing Costs:$ /yr For: (Not included in dollar value above) (e.g..Maintenance,utilities,janitorial,salaries,etc) CONTRACT REVIEW Changes Date Out D to Ne ewer Division Director / Yes ° W Risk Management ( '/'� Yes No � O.M.B./Purch i 1� �ngt� � �� Yes County Attorney Yes j t Comments: OMB Form Revised 2/27/01 MCP#2 Amendment 009 CONTRACT AA-1329 Page 1 'AL ORIGI, THIS AMENDMENT is entered into between the Alliance for Aging, Inc. hereinafter referred to as the"Alliance", and Monroe County Social Services. The purpose of this amendment is to decrease title 11113 ITN by$18,515.00. The Budget Summary by Title for the whole fiscal year(January 1-December 31, 2013) is as follows: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act Administration U.S.Health and Human Services 91044 $27,90101 Title HIB-Support Services Older Americans Act Administration U.S.Health and Human Services 93.045 $136,542,42 Title IHC I-Congregate Meals Older Americans Act Administration U.S.Health and Human Services 93.045 $214,425.52 Title III C2-Home Delivered Meals Older Americans Act Administration Tide III E-Caregiver Support U.S.Health and Human Services 93.052 $58,177.43 Services TOTAL FEDERAL AWARD $437,048.38 The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rat ) stated below: Service Maximum Maximum Service to be Provided Unit Rate Units of Dollars ollars Chore 111B $22.00 291 $6,422.38 Homemaker/Personal Care 111B $22.00 381 $8,388.63 Screening&Assessment 11113 $25.00 24 $607.00 Congregate Meals C1 $9.25 14,384 $133,054.42 Congregate Meals Screening Cl $20.00 96 $1,925.00 Nutrition Counseling C1 $47.50 19 $926.00 Nutrition Education C1 $0.20 3,185 $637.00 Home Delivered Meals Frozen C2 $6.00 32,969 $197,815.64 Home Delivered Meals Not C2 $6.00 1,817 $10,906.88 Nutrition Counseling C2 $47.50 4 $190.00 Nutrition Education C2 $0.20 1,810 $362.00 Screening&Assessment C2 $25.00 206 $5,151.00 Chore 111E $22.00 55 $1,213.98 In Home Respite 111E $20.00 1,016 $20,330.3'l] Respite in Facility 111E $10.50 3,389 $35,589.1 Screening&Assessment 111E_ $25.00 41 $1,044.00 Material Aid(ITN) $1.00 10,435 $10,435.00 Education/Training(ITN) $82.00 25 $2,050.00 Total Contract 437,048.38 All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. Amendment 009 CONTRACT AA-1329 Page 2 IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Social ALLIANCE FOR AGING, INC. Services SIGNED BY: SIGNED BY: Max B. Rothman, JD,LL.M. NAME: George Neugent NAME: President&CEO TITLE: Mayor TITLE: DATE: 11/20/13 DATE: MOO lJNTY A OV AS FJ T P DRO J,E O NVY*A � .,,.,�Date t " Amendment 008 CONTRACT AA-1329 Page 1 THIS AMENDMENT is entered into between the Alliance for Aging, Inca hereinafter referred to as the"Alliance",and Monroe County Social Services. The purpose of this amendment is to increase title HIS by$247.63, increase title C1 by $1,726.73, increase title C2 by$8".03 and Increase title[HE by$356.31 The Budget Summary by Title for the whole fiscal year(January 1-December 31, 2013)is as follows: PROGRAM"TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act Administration U.S.Health and Human Services 93.044 $46,418.01 Title JMB_-Support Services Older Americans Act Administration U.S.Health and Human Services 93.045 $136,542.42 Title IRCt—Congrepte Meals Older Americans Act Administration U.S.Health and Human Services 93.045 $214,425.52 Title III C2—home Delivered Meals Bider Amarican s Art Administradon Title III E—CareoerSuppow U.S.Health andHuman Services 93.052 $58,177.43 Services TOTAL F�A x 63.38 „r ta The iart shad trice. ya ,rN , A I p ym rit to the l rovider for prod ion of ieMces up to a raaxtmum number of units of service and at the rat s stated below: Maximum Service to be Provided Service Units of Maximum Unit Rate Service Dollars Chore 11I8 $22.00 291 $6,422.38 Homemaker/Personal Care 111E $22.00 381 $8,388.63 Screening&Assessment 1118 $25.00 24 $607.00 Congregate Meals C1 $9.25 14,384 $133,054.42 Congregate Meals Screening C1 $20.00 96 $1,925.00 Nutrition Counseling C1 $47.50 19 $926.00 Nutrition Education Ci_ $0.20 3,185 $637.00 Home Delivered Meals Frozen C2 $6.00- 32,969 $197,815.64 Horne Delivered Meals Hot C7 $5.00 1,817 $10,906.88 � 4 Nutrition Counselin C2 $47.50 4 $190.00 Nutrition Education C2 $0.20 1,810 $362.00 Screening&Assessment C2 $25.00 206 $5,151.00 Chore 111E $22.00 55 $1,213.98 In Home Respite 111E $20.00 1,016 $20,330,31 Respite in Facility IIIE $10.50 3,389 $35,599.14 Screening&Assessment lilf $25.00 41 $1,044.00 Material Aid(►mi $1.00 22,800 $22,800.80 Education/Training(1TN) $82.00 100 $8,199.20 Total Contract I $45S,563.38 All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. Amendment 008 CONTRACT AA-1329 Page 2 IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Social ALLIANCE FOR AGING, INC. Services SIGNED BY: SIGNED BY: Max B. Rothman, JD, LL.M. NAME: George Neugent NAME: President&CEO TITLE: Mayor TITLE: DATE: 11/20113 DATE: