Loading...
Item C10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/17/14 Division: Cornmunitv Services Bulk Item: Yes -X No Department: Social Services Staff Contact Person: Shervi Grahq!n_005)2(.)27.45 10 AGENDA ITEM WORDING: Requesting approval of Amendment 4001 ol'the Community Care for the Elderly (CCF) Contract 4-KC 1471 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services/In I-lorne Services) for the contract period of 71/l/14 to 6/30/15. ITEM BACKGROUND: As per Section 111, 3.2 of the CCE contract, non-profit providers may request a monthly advance for service costs for the first two months of the contract period, based on anticipated cash needs. The schedule for submission of advance request is detailed in Attachment VIII of the contract. 'I'he purpose of Amendment 4001 of the CCF contract is to amend the contract language regarding Attachment VIII, Invoice Report Schedule, to read one tenth of advance reconciliation starting with report 95, September. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 7/16/14 for ratification of the Community Care for the Elderly Contract(CCE) 4 KC 1471, contract year 14/15. CONTRACT/AGREEMENT CHANGES: Attachment VIII, Invoice Report Schedule is amended to read one tenth (1/10) advance reconciliation for the reporting months of September (4-5) to June (914). STAFF RECOMMENDATIONS: Approval TOTAL COST: $302,523.00 BUDGETED: Yes No COST TO COUNTY: 10% CASH MATCH SOURCE OF FUNDS: Grant funds REVENUE PRODUCING: Yes X No— AMOUNT PER: MONTH: $1,203 YEAR: S14,435 (SOURCE OF REVENUE--., CLIEN'f CCU PAYMEN1-'S) APPROVED BY: County Atty. 6MB/Purchasing Risk Management DOCUMENTATION: Included x Not Required To I-ollow DISPOSITION:---,.-.—,---- AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONE'RS CONTRA("I' SUMMARY Contract with: Alliance For Aging. Inc. Contract: KC 1471 Effective Date: 10/17/2014 Expiration Date: 06/30/2015 Contract Purpose/Description: Requesting approval of Amendment 4001 of the Community ('are for the Elderly(CCE)Contract 9KC 1471 between the Alliance for Aging, Inc. (AAA)and Monroe County Board of County Commissioners(Social Set-vices/in Home Services) for the contract period of 7/l/14 to 6/30/l 5. Conti-act Manager: Sheryl Graham (305) Social Services/Stop I 292-45 10 (Name) t (Ext.) (Department/Stop 4) For BOCC meeting on 10/17/2014 91z Agenda Deadline: 9/30/2014 CONTRACT COSTS Total Dollar Value of Contract: approx. $302,523.00 Current Year Portion: $ Budgeted: Yes I No Account Codes: County Match: $10 % CASH MATui Additional Match: Total Match $ 10% CASH MATCH ADDITIONAL COSTS Estimated Ongoing Costs: $__/yr For: (Not included in dollar value above) (e.g.Maintenarice,titilities,janitorial,salaries,etc) CONTRAC]" REVIEW Changes Date Out Date In Needed Division [)it-ector Yes :�', No A,, Risk Management Yes No_e' R O.M.B./Purefiasing Yes No County Attorney o,X ... ..... Yes :: N 3,01"v ......... Comments: .............. ............ ---------- OMB Form Revised 2/27/01 MCP#2 4 T Amendment 001 CONTRACT KC 1471 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners. The purpose of this amendment is to amend the contract language regarding Attachment Vill. This contract is hereby amended to read one-tenth instead of one-twelfth of advance reconciliation starting with report# 5. See Attached. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this 1-page amendment to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of ALLIANCE FOR AGING, INC. Commissioners. SIGNED BY: SIGNED BY: Max B. Rothman, JD, I-L.M. NAME: SYLVIA MURPHY NAME: President & CEO TITLE: MAYOR TITLE: DATE: 10/17/2014 DATE: .......... 6 1 4 Contract Number KC-1471 ATTACHMENT Vill COMMUNITY CARE FOR THE ELDERLY INVOICE REPORT SCHEDULE Report Number Based On Submit to Alliance on this Date 1 July Advance* July 1 2 August Advance* July 1 3 July Expenditure Report August 15 4 August Expenditure Report September 15 5 September Expenditure Report +1/10 advance reconciliation October 15 6 October Expenditure Report +1/10 advance reconciliation November 15 7 November Expenditure Report +1/10 advance reconciliation December 15 8 December Expenditure Report +1/10 advance reconciliation January 15 9 January Expenditure Report +1/10 advance reconciliation February 15 10 February Expenditure Report +1/10 advance reconciliation March 15 11 March Expenditure Report +1/10 advance reconciliation April 15 12 April Expenditure Report +1/10 advance reconciliation May 15 13 May Expenditure Report +1/10 advance reconciliation June15 14 June Expenditure Report +1/10 advance reconciliation July 15 15 Final Expenditure and closeout July 15 Legend: * Advance on projected cash need. Coritract NUIllher KC 1471 CONINIFNITY CARE FOR THE ELDERLY LFAD AGEN' 2014-2015 Fiscal Year THIS CONTRACT is entered Into hemcci) the Alliance for Aging Inc., licrefflatter rctenc,_i to as the"' 7 Monroe County Board of Commissioners, hereinafter referred 10 1s the 'TI.o)\Ider." and colleeIl%vk referred to il, the "parties." AtT,lClullCuts 1. 11. 111. IV. V. VL VH. VHl. IX. X. A. 13. C 1). and F. are incorporated herein and Illade 'l p'll-I of tlri Contract WHEREAS, the Alliance has been designated as the area agenc\ (,)it aging, for Planning and Scr\lce Area 11 cuco)ll1 pass I tic-, Miami-Dade and Monroe COLIFItIeS, and WHEREAS, the Florida Department of Elder Affairs (the "Department") has entered into a Contract with the Alliance to fund C01111111.1111t\ care service systems in '101ami-Dade and Monroe Counties, and WHEREAS, in accordance with Section 430.203, Florida Statutes. the Alliance has designated the pro%ider as a Lead agency for the Community Care for the Elderly ("CCE") program: NOW THEREFORE, in consideration of the services to be performed and payments to be made. together \w ith the Mutual covenants and conditions set forth in this Contract. the Parties agree as follows: I. 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. kkhich Constitute the contract d0CUI1lellt. 2. Incorporation of Documents within the Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements. relevant Department of Elder Affairs handbooks, manuals or desk books, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the clOCUIllents referenced above, the specific provisions and requirements of the contract docurnent(s)'shall prevail over inconsistent provisions In the proposal(s) or other general materials not specific to this contract d0CUulCllt and identified attachments. 3. Term of Contract Effective Date: This contract shall begin on July 1, 2014 or on the date the contract has been signed by both parties. \'Nhiclie\er is later. Delivery of services shall end at midnight. local time in Miami, FL, on June 30, 2015. 1 lie Alliance \\ill not reimburse the provider for set-\ices provided after this date. Ho\k ever, the parties recognize that tile\' will need to perform continued actin it les relating to reportill2l. invoicing and payment ill .1 Ll 1\ Ot'201 5 to facilitate payment for services rendered by the provider Under this Contract tht-01,110i and Including the contract expiration date of I 5, 20 1 5 4.0 Contract Amount I'lle Alliance aurces to PI% for contracted set,\ ces according, to the term�s I - and conditlon5 ofljlls Contract in "111 amount not to e\Qecd $ 302,523 or the rate schedule. SLIhjCd to tile avallahlllt\ Of[Lill(k, AM costs 01, wCr% IMId 1'()I- LIIIdCI- 111.\ other Colltr,'10 Or I'l-0111 JM OHM- SoLit-Ce X-C not Chl-lible for paw luent under 1111, 4.1 Ohli,,ation to Pav I Ile allol ohhil_,at loll to pad tilldel. fill', Lk)lltl'M Is C01ITIMUC!'It 1.11)011 ;ljl 11v the to the Department and tuildim.2 I-CCej\Coj by the .Alliance tIlldvt, It,, c0lltl"act vv Ilh the Dejmrtlllellt. 4.2 Source of Funds I he Co"'I" of'cr\ICC', paid (111del all\ other contract or 1,10111 J11% 0111cr arc 11"1 101, 1 ('()rlirlrt \unnhcr K(' 1-471 1'4'r(T117LIr>elllclnt under thi, ctuntract. 1 he fund, awRied Io the prow idcr IMINnaM N4 thi, contract are n) the �,t.lte and aid, applopl-mlion, ;lld COH'i,t, of t114' I��llocl IIl°_': 1,ro,ra111 hit1C 1 car- Funding Source C SFAS 1-11nd AnIounts 1 lt_ orinlnlL11% ( are 1-1 t,,eneral Rcvclluc lohacco b`olO j r the I IdeI 1 ��'_t)l 5 SettI eruct It t rust I�Lrnd, r A'OTAL. FVNDS CONTAINED 1A THIS CONTRACT: S302123.t)O � 5. Rene"als The contract may be raw"ed on a \early basis for no more than four additional scars. Such rennkals shall be contingent upon satisfactor performance evaluations as determined by the Alliance and the availabihq of funds. Any renewal of a contract shall he subject to mutual agreemen confirmed in tiwritin<u. and subject to the same terms and conditions set forth in the initial contract. The renew+al price, or method for determining" a renewal price. is set forth in the bid. proposal, or reply. No other costs for the rene\4 al may be changed. 6. C"onn Hance with Federal La-w 6.1 Ifdds contract contains federal funds the* following shall apple: 6A.I The Provider shall comply with the proy isions of 45 CFR 74 and or 45 CFR 91 and other applicable regulations. MA If this contract contains federal funds and is over 5100,000.00. the Provider shall comply w4h all applicable i standards, orders. or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C. 7401. et segj. s. 508 ofthe Federal \k'ater Pollution Control Act as amended (33 E.,'AY 1251. et seq.L Executive Order 1 1738. as amended. and "here applicable Environmental Protection Agency regulations 40 CFR 30. The Provider shall report any violations ofthe above to the Alliance. 6.1.3 The Provider, or agent acting, for the Provider. may not use any federal funds received in connection ti%ith this contract to influence legislation or appropriations pentru before the Congress or any state legislature. If this contract contains federal funding in excess of 5101000.01 the Provider must, prior to contract execution. complete the Certification Regarding Lobbying form. ATTACHMENT E1. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Mager prior to pay merit Under this contract. 6.1.4 111 accordance ~%ith Appendix A to 2 CFR 215. the Provider shall comply with Executive Order 11246. Equal Employment Opportunity. as amended b\ BeCutl``C ()Mcr 1 1375 and others. and as supplemented in Department of Eahor regulation 41 CFR 60 and 45 CFR 91 if applicable. 6.1.5 It' this contract contains federal funds and pro%ides scr%ices to children up to age I& the Pw%ider shall comply %v ith the Pro-Children Act of 1994 (20 l_ .SkC 6081 1. 6.1.6 A eontract ward with an amount expected to equal or exceed SY.000.00 and certain other comract a4~ Us "ill not lie made to parties listed on the ,cokcrnnnclowWe Excluded Parties IAt S;stcnl. in accordance %vith the L NIB guid INcs at , ( FR 180 that implement FyccLIti%e Orders 12541) and 12684 I)ebarnncnt arncf I he Excluded Partic, List S�7teru contain, the nannes of parties deb.trred. �,uspcnded. or otherv�ise by ngcncie,. a: MI a part&N dcdmvd irwhyible under wtutor; or regulatory MthOrit` other than f xeeutive Order 12540 bile kw, ider ,hall eonnpl� v�ith these prov i,i�ni1, hcforc doing bu,iness or enlerin,, into uheo ntracl, W& ill' I0dcral Annd, purwant to 111is contract. 1 Inc Pm Nor shall connplcte an,i >ign ATTACHN11"A"I' V prior IC) the execulioll a)I 111i, co➢l, act. h? I Ply, Prov ider Khali not c,,nW o .din unmahe,riic°tl Alien. 11nc ;Vhancc vv ill Lunn>ider tlnc cnlplo lnncln t,l uul,lwhorllcd ;lllcin' d A Iti? wi,m o the frunnlmloln ;Ind Natknialltt .act Q I .5 t_ 1524 rl Wnd the IM nnlU',hliloll l�cft�1'rni <1f1t1 (_ o1ltr�rl Act Of 108601 41 , HIM 41h \ rt10011 OKI he cau,c for unilateral calnCell,ntwn of thi, Contract \tnllhcr K(' 1471 w'o'rItIact l)\ 11112 -AII aIIce. 6.3 It the Provider I, it null-profit provider and i, suhjcct to in wwmil lWenrle icc (IRS N) tali c,ew'nlpt i r(.-aninition ICPp I"tHI I 'gtlireIIIoItt, 11111i1 _� a i oBi'II 00t) of I ornI 01WA) and IBa, It`, 1,1\ l'\eflipt ,IattII re\SSkCd i,`r t:idiI(,2: ic` comply vt 1111 the 11hil'-'' 1-CLI ICIllenl, Cif the -'000 Pe11,Ioll Protcwtion Act or for all'v eat€1cr reason. the Prov Idw;r Illtd,t IWtlf\ the Alliailce In writills_" \\Ithin tl'llrt\ (_'I)) d,ly, tit rcc i\ I[1'.1. the iRS n4ce Of I'eAocatiOH life IVv icier ON comply vv ith I No , CFR Part 2-5 rw=gmcli - raf�fi n<� 1 ki ig in Per,ons. 6.4 I rile„ exempt under 2 Cl-R Part 1 X 110(b?. the Preyv idcr shall comply with the reportinu requirements of the i ransparencv .Act as expressed in , CFR 1 70_ 7. C"orrtpliance kith State L.a�% 7.1 This contract is executed and entered imo in the State of Florida. and shall he construed. performed and enforced in all respects in accordance w ith the Florida W. including Floc ida prop isions for conflict of lavti s. 7.2 l lie Pro\Or shall comply in ith requirements of s. 287A58. F.S. as amended. 7.2.1 1 be Provider shall provide units of delkerables, including \ar4ms client sex\ices, and in some instances rrray include reports. findirrgs, and drafts. as specified in this contract, which the Contract Manager must receive and accept in vvritirig prior to payment in accordance with s. 215.971, F.S. ( I') and (2). 7.2.2 The Provider shall submit bills for fees or other compensation for services or expenses m sufficient detail for a proper pre-audit and post-audit. 12.3 If itemized payment for travel expenses is permitted in this contract. the Provider shall submit bills for-any travel expenses in accordance with s. 1 12.061. F.S.. or at such lower rates as may be provided in this contract. "7.2.4 -The Provider shall allow public access to all doCU111entS, papers, letters, or other public records as defined in subsection 1 19.01 1(12). F.S.. made or received by the Provider in conjunction vv ith this contract except for those records which are made confidential or exempt by law-. The Provider's refusal to comply with this provision will constitute an immediate breach ofcomract for which be Alliance may unilaterally terminate the contract. 7.3 1f'clients are to be transported under this contract, the Provider shall comply with the provisions elf Chapter 427. F.S., and Rule 41-2, F. A. C. 7.4 The provider may not subcontract with any individuals or entities on the discriminator- vendor list because they may, not transact business with any pubhc entity, in accordance yv ith the provisions of s. 287.134, F.S. 7.55 The Provider shall comply with the provisions of S. i IX162, F.S., and s. 216.3•17. F.S.. vwhich prohibit the expenditure of contract fluids f'or the purpose of lobby ing the lew islaturc.judicial branch or a state agency- 7.6 In accordance w kh s. 287.1 35 F.S., any Contractor on the Scrutinized Companies \\ith Activities in Sudan List or, the `5crutini/ed Companies w ith .Activities in the: Iran Petroleum Energy Sector list (WO created pursuant to s. 215,473 F.S. is ineli:tihle to eater into cw renew a contract or agreement with the Department for goods or sexy ice, of SI million «r mcnre. Pursuant to s. 281135 F.S.. the Department may wrrllinate this Contract and my contract or agreement incorporating this Contract by reference if the Contractor is f Und to ha\e suhnlitwd J fiakC certification of its status on the I_.I,ts or has been placed on the I_ins. Further, the Contractor is subject to civ it penalties. attorney s fees and coxes and any cants for h"estigations that lid to the findhg of false Wflcat,On if all\ C011lrilcl ()r' agreement Incorpmating this C ntran contains `'S1 ruillion or more. the Warawtor shrill complete and >i n 1 I I V i1\11 \I H. Certification Regarding ScrutiliQU (Onpanie, lists. prior io the ex"Wion Whit Cc,ntrrrct. H. i3'10<1round Scrccnin�, I !IC Pl,"i IdLT ,hall mane ihat. prwr i" pnn lifts; tinA Ices, al{ pe vots ha\ f(l"_' :1Cco­ ICS \11h1eraNc elder, and llll�l(`ell. tllc'Pr I(\1IV_' aI"e:i. icllld, or (R'ortkll prtjpert\. `r prinevicd health Irlorniauoll 'n'' h ndnikhwK will Im,s a 1 c'vel 11 crilllinal hawkyround ;crcelliml ill il,:"ordance veith the rerlrlirclncnts o .:tl.r)OC and ( h 415. 1 A. a, amelldah i he,, proV i0m, apply !0 Cm ploy ,r11>Conlr'�lcto(',. e�'IIstlitallt i11re�'t 5Cr\ icc pl't5\ kQr, oHd a11\ �'olnInitmont Ior clnj log 111ent. pnVchJ,L: o1 of, vO unlccr proararn participation will he cantinpau IlhA to pwkg k4 a i mel 11 hackp-ound cheek. Hie Contr.rc•t \wnhcr K(' 1471 hi9tik`�round ,c'reeniw_' V\III in':111dC enlfllo mcni hl,ior, checks as lyo% idol In w 13530 I t I .``+., mug hN',tl'1 Wal mid national crllm al Ioct)I'd checks coortflnatcd thlouC 'h laA\ enlorct.1In`nt S,l I or purp, 01 thI, section. the tCrin ­dIIuet on we pry',v idol" I11oJH, a pt.'r,,M I oar a'ue ,5I ''ider vvht�. ptlr"h"Itt tO ;l 11rtll_Ianl to jlrO\idc elAice, to the c'ldc'rl\. lids direct. facC-t"-face` 1:1)HIact "ith a clic'Btt V\1111C 171;,vIdfIG , rAJce, 10 the client or ha, at-Le s ter the c'liont , Bing areas or P the whom s Ihnds to permuml property i his term ineladcs c:oordlnalors, r11;1l7ai er'>- and supery Wr's of rc,,idontlal 1£Ici1ltic,, and voluntcor,. K.2 Hackgr�,rnitl Vrwclling Ankh%A of (Ornplianee - 10 cOnsinstratc coliplianct: v%ith section 6 of this Vla ter Contract. the (ontractor shall suhinit , I I %('I I,NII, v I (-i. Background Scrceninu Affidav it of ( ornplianc( annually. bA .lantleu'A 150. 8.3 Further information cerncernitrwr, the procedures for hack_,round screening is found al I up: eldnal'fairsomte.fl.us doeaJackgromidsc wen ingThp. 9. Grievance and Coniplaint Procedures 9.1 Grie\ancc Procedure ile Contractor shall comply with and ensure stncCOntractor compliance vv ith the Minimum C;uicfelinc far Recipient (iricv ante Procedures, Appendix D. Department of Elder Affairs Pmararns and Services Ilandbook. to address corplaints reaardinwg the termination, suspension or reduction ofscr\ices. as required for receipt of funds, 9.2 Complaint procedures: The Contractor shall clevelop and implement complaint procedures and ensure that Subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction vwith services. Complaint procedures shall address the quah, and timeliness of services, provider and direct service \worker complaints. or any other advice related to complaints other than termination, suspension or reduction in services that require the rie\ance process as described in Appendix C), Department of Elder Affairs I"rof;rams and Services Ilandbook. lie complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date. nature of the complaint and the determination of the complaint. 10. Audits, Inspections, 1nvesdgadons, PulW b1cords and Retention 10.1 The provider shall establish and maintain hooks. records, and documents (Ocludin4g electronic storage media) in accordance "it generally accepted accountkg procedures and practices that sufficiently and properly reflect all revenues and expenditures of Rinds provided by the Alliance under this contract. Provider agrees to naintain records. including paid Voice& payroll registers. travel vouchers, cape logs. postage logs, time sheets. etc.. as strpporung documentation for service cost repay-ts and fclr administrative expenses itemized fir reirnbursernent, This documentation will be made avYNble upon request for monitoring, and auditing Purpose,. WIrencvi I_ appropriate, financial information Should be related to performance and unit cclst data. 10.2 The PrOI ider shall retain all client records. financial records. supporting CfacllrneitS, statistical records. and an\ Other d0CLIInents (incla&nvu electronic storage medial pertinent to this contract Q a period of six (6) years after completion of the contract or longer when required by isvv, In the cent an audit is required by this contract. records shall he retained for a minimum period ofsh A years after the; audit report is issued or until resolution of audit findings or lhitgation based on the terms cif this contract. at no additional cost to the Alliance. 10.3 Upon denianT at no addhi nal cost to the Alliance. the Prov ider shall facilitate the duplication and transfer of any woods or do\currents dwi ig the required retemion period in Painiaraplr 102. 10.4 i he P1,0v ider ,hall assure that the records described in Paragmph 10 " Al he suh& at all reasohil 9e tinges h) il1sl>e4ti0n' rc'v Ic t,v, cc,pA ing, to audit by federal. stato to other peNormal duly authorised by the l llianco 145 11 all ream,nah6c 'dries AT as Knig as r"ords arc Inrl makes 1. perwns duly ,lutlwrizecf hA the: :Alliance. thc: l7ep:utirlclrt ;Ind federal audlt,,'�rs, pur,tlm tt, 45 0 R 02 3N 5 ( jur vv III he ogee"vd full access to and the roll to eVIIIIHIL' ally c,I the 14" idea , c:OMITICIs and I'Clatc'd rcet\r'd, and dilc'1Vi11 MIN pertln4.I to till, Tt,'AN ctbiltrHA. rcgardlc',, ofthc: form in which kept. 10.6 I he Prov ider 'h'IH prov life a flllaital and conWlianav auci t to the Alhance as qio: f ad in this courAct ogle{ Al ATi1 A(A IEN 1 I11 and crivue that all wimc^d thinig%,rtA tran,<leiumn are disc kAed N, the audiwt 4 C'otttrtict \urllbcrC' 1 �7I 10.^ 1 he ProvIdcl' shall colllply And cooperate Allnlediately 'vAll An nl,pCclll'7llti, tovlcvy,. Inv oi' audit, dc'ePl1ei) Ilc'ce,nal'\ by the oOkc of the I"pcctor (_ra.`IlaI pt9rsUMIT to s. tf,O l .'s. 1t1. 1 I1c Bier shl 111 nlaintak and file° "ith the Vance Li,:I) progre's. fiscal and invcrltory And olllci report, as lhl Vliallcc May rcquirc yvfthln the periCld ofthi, contract. lox I he l4n Or shad submit nymauemcnt. program. anti chalt h entiflable data. as specified by the Department of I.I�icr Vlairs and or the Allianov, I he: prom idcr must record and ;lll7W pro<ararn spccific• data in aceoldallee vvfill the Dcp artnlcnt', Ghent WrInation Regi;trathm and I Nicking Sy swill WIR FS) Policy W idelirlc,. 10.10 If, under ally contract or agreement inowpowatitlg this Contract by reference. the Contractor i5 prov idnila scry fees and i> actin, on hcha If'of the Department of lddcr ,-kffairs or the AIIlance fi7r Auirl,a. Inc its proy ided under section I I OM 1(2t I kw da Statutes, the (:ivIctor. subject to the terms of scctfon W'87M58( I Act I lodda Statutes. and any other applicable legal and equitable remedies, shall: a) keep and maintain public; records that ordinarily and necessard; would he required by the public agency in order to perform the services. h) Provide the public with access to public records on the same terms and conditions that the Department of FIder AHARs or the Alliance NO, hlc, would provide the records and at a cost that does not exceed the cost pro\ided in Chapter 119. Florida Statutes, or as other\\ise pro\ided by la\\. c) Lnsure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d) Meet all requirements for retaiNng public records and transfer, at no cost, to the Department of Elder Affairs or the Alliance for Aging, Inc. all public records in possession of the Contractor upon termination or expiration of any contract or agreement incorporating this Contract by reference and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department of Elder Affairs or the Alliance for Aging. Inc. in a format that is compatible Oth the information technology systems of the Department. 10.11 -The Alliance Or Aging. Inc. may unilaterally cancel this Master Contract. and any contract or agreement incorporating this Contract by reference. notvvithstanding any other provisions of this Contract, for refusal by the Contractor to comply vyith Section 8 of this Contract by not allowing public access to all document, papers. letters. or other material made or received by Be Contractor in conjunction with Be contract or agreement incorporating this Contract by reference. unless the records are exempt from Section 24(a) of Article I ofthe State Constitution and Section 1 19A7(l), Florida Statutes. 11. Nondiserimination-Civil Ri;;hts Compliance 11A The PR);Her shall execute assurances in ATTACHMENT V1 that it \\ill not discriminate al-'amst any person in the provision of sen ices or benefits under this contract or in employment because of age, race, religion. color. disability, national origin. marital staves or sex in compliance with state and federal Wy and rc<.tulations. The Prov Eder further assures that all Provider . subcontractors. subgmntees. or others vwith wham it arranges to pro\idc services or benefits in connection a ith any of its programs and aak his arc not dfscriminating against clients or employees because of age. race. rcligion. color, disability. national origin. marital status or sex` 11.2 During the terns of this contract. the PR"Her AaH complete arld retain tm file a lidless, complete and accurate (1 1 Rlht, Compliance Checklist (ATTACHMENT 13), 11.3 1 he Prov ider shall establish planedures pursuant to federal Itrvv to Wide complaims of discrfmfnalAm An oh, int.- %or\ice, (�r hc�ncfits through this ca"Iact. these procedures vvffl include notit.yfn�� clients. cniployees. and participant, ofthe riallt to file a complaint "ith the appropiiatc federal or state entity. I IA If to, ccMtrAct coma&, federal funds. thl.,,e ar'e a t,0nditlon 01 c0rtillUc'd rC4Ciht C,f ol benefit fl"gill federal flVlallCllll A"i'tancc. And ;:ire Nlldiw➢ ,, Upoll the ProVldcr. it, s(k:ct ,Orl, Ir:U1�fcIYe,. and ate,! nt'c, for th7-, pollod dUi'm—, yVIllti1 sued a,,i ,tailcc I, pray Bk1c'i}. 111c I'r,Mdei' tUV'til�'r` :'I>,tIIC, that all �tlbct�lltractor,, y4'tldc�l'',, i�C �11le'1'w t\ith VA 11,''11) it 'll rAI)Qe+ to pro\ Ide ,er\ Ice, or limo`-11, to I);iriiclpalits ter clllploy ee, III t.Vnnc,:1i n \\ lull allA l FO, ,Tall, and acts\ Itic, arc not discrnlllnatln`' those 0!, elllhlo co', in \ li,lil loll of tilt: il�rvc� ,tattllc,. r�:�.ulatic�ll,. �uidclinc,, and stalldarii, Ill the cvcnt of f;iilurc tip colllply, Cllc Pr'��v idcr understand, Ii W 10 .011 aIlac nlay. At it, ,kc.rction. ,cc{ a cOAJII i7rdcr redufrfn'' collipli:nlcc \\ith the tcrtll, of` this a„urallcc Contract V�miihcr K(' 1-4 7 1 c7r ,cel. c7tllei aphrnpri:rie judicial rr a�irnini�tr�Ititi+. relic(. in�,iluiill�r hul 11x1t lirnitcf.1 t��. ternlinatiti+n t�f :ul�i cf�:ni�11 I <<f frlltllcr w1,�i,ttrnc�� 12. 1'"r )vision of`Nervices 1 11�2 1'1'0c idcr '.11a1i I)IOv Id,: ice, HI the rnElrir7cr de,crih:d in in AT"1'A("f{NI NT I ol,thi, ar,,rCCII1L:nt 'Ind irr III,: `)crvice I'rov 'der 111plicatir�n ('sp 1). In t11L "I"I lict bets e'en the ice I'tov ider Aj)pllc,ltiI)H and lhi4 c�rflira�l. the Colltra,:t lawguU iuc pre�alls. 13. Nlonitorin,, by the Alliance for A(jn_, i lie. Alllan�:e skill perl'ornl adnlirlistrative and proIlrammatic momtorinL, of the prop Ider ter ensure COIItractual ccrinplirnlcc, fiscal aCC0LIIltahllit4. programmatic performance. and compliance with applicable state and ledel-:11 I,MS and I-c!'ulations. 13.1 T he pro\ ider \' ill Suppl\ progress reports. 117cludina data repoi-tin- requirements as specified b\ the Alliallce or the Department to be rased for monitoring progress or performance of the contractUaI sere ices as specified in this contract. Fc lkm in<a the norms set down by the Department, the Alliance vtrill track performance on a monthly basis, through desk rev ie�vs ofavailable fiscal. CIRTS, and research production reports and any other-systerrl or process designated by the Alliance. Examples of'review criteria are surpILIS/dCFJCIt, independent audits, internal controls, reimbursenaem requests. Subcontract moraitorin<g, targetin<g, program eligibility. outcome measures. sere ice provision to clients designated as -high risk"' by the Department of Children & Faniilies, Adult Protective Services program. data integrity, co-payments, client satisfaction, correspondence, and client file reviews. 13.2 The provider shall permit persons duly authorized by the Department or the Alliance to inspect and cope any records, japers, documents, facilities. goods and services of the provider which are relevant to this contract. and to intervievy any clients, employees, and subcontractor employees of the provider to be assure the Alliance ofthe satisfactory performance of the terms and conditions of this contract. Following Stich review, the Alliance evIII deliver to the provider a written report of"its findings and request for development, by the provider. of a corrective action plan (GAP) where appropriate. I-lie Contractor hereby agrees to correct all deficiencies identified in the CAI') in a timely manner as determined by the Contract Manager. 13.3 F -%,traordinary Re ortin The provider shall notify the contract mana-er for the Alliance immediately. but no later than vti ithin 48 hours. from the provider's awareness or discovery of conditions that may materially affect the provider's ability to perform, such as problems, delays. or adverse conditions vvIIich may impair the provider's ability' to meet the objectives ofthis contract or that may affect the health, safety or vyell-being of clients. The notice shall include a brief summary of the problem(s), a statement of the action taken or contemplated. time frames for implementation. and tally assistance needed to resolve the situation. I;:xanlples of reportable conditions may include: ■ proposed client terminations ■ prodder financial concerns difficulties ■ 11011-paymelat Or untimely 1,7ay meat reported bV vendors ■ serr ice documentation problem, ■ a<�reenaent non-compliance ■ scIA ice clusilit,\ prohlems and consumer c0111plalilt trends • I MlA.A k lolati011s ■ l otV111kil frm3 d 131I1 ;it1�.'r(1� 01' be hear { (T1�'illl cI">. Clllp10\e * \011111tec7r5, OF ether 311W,:Iale: I 11C IIt;III c° tihj I I11\k",tl �31C �311c lition l'til iiM O c Ik:w Mt'orliml10II, ":I ii:c PtC��i�l>, p:l\111clit c{UCti{>. anci 011lel relalk:d 1111Ot_111a110il, 5t1}�,titwil7tlatc d f'i11�"� ;1trU1T 'Mill 1,%2 reporicd to 111�: Department ti Ci�iitr�i4't nav�cr and tO Lic+ cnf,�r�cmc111 a, al�pr�'priat °. II1 flh4: C1C111 lim! !l -11witl"ll 1"C,IIIIti IIl 111c' l.'Ft I'v a ,t117�"i.�1111'tikCt, tIt6: 1,1,1 1*(.1,11111 IIIC 0 ( ontrttc•t \umhcrr KC' 1471 I"espetll,fl7l�ltV for pc'rlornlance of all set'\ Ice> cvnood h\ Ink COMM! and mtl,i elistrre that ch1 2nis conlinnU.' lal.V ical A\I hOLIt C, than- 11Ci^r�fl A Ill'Kr 'ill"Gill 'IlI 11r'�1CC 1llCC tClllh�'�9'�II`\ a1 suHI 11%II,)II e71 1la dn.cCt prat\ i,ioll of 'per%(c:c,, ali : 14. COO rdinated Nlonitoring w ith Other Agencies It the Providar rccehcs funding from (tic or nhiv of the State of Fkyida odwr human tit"rvQ aC"c'11Cia in addition to the Departnleilt of I ider Affair,. then it joint 1110nitorNg 101 illcludill' ,Hall other ilcerlcics rrlav he scheduled. For the purpo,w, of this contract. and pursuant to '87.17� F,S. it, amcuded. I lorida*s Malian swr%icw agencies >hIr11 include the Departrllent of( hildren and Families. the Depamment of Health, the Agency ki Persons vvith Disabilities. the Department of Veterans AlTair,, and the Department of l.,ldwr Aff<rirs. ( poll notification and the subsequent schwdulin,., of such a visit by the designated auenev's iwad admirmmithe coordinator. the Prov ider shall comply and cmVerate vv ith all monitors. inspectors. and or investigators. 15. Indemnification The provider shall indemnify, defend. and hold harmless the Department and the Alliance and their officers. agents. and employ ces from an\ claim. to, damage. cost, charge. or expense %\hate\er nature or character arisin-, out of an\ act,. actions, ne4alect or om ha issiol action in had faith. or %iofation of f:deral or state la" Athe provider. its agents, employees. or subcontractors during the performance of this contract, %cilether direct or- indirect, and vOcther to an) person or property. It is understood and agreed that the provider is not required to indemnify the Alliance for claims arising out ofthe sole negligence of`the Alliance. The provider's obligation to indemnify, defend, and pay for the defense or, at the Depart ncrtt"s and /or the Alliances option, to participate and associate with the Department and /or the Alliance in the defense and trial of tuiy claim and any related settlement negotiations, shall be triggered by the Departments and /or Alliance's notice of chum for indemnificadon to the provider. The prov,ider's inability to cvalu ne liability or its evaluation of liability shall not excuse the provider's duty to defend and indemnHI the Depanment and or the Alliance, upon notice by the Department and /or the Alliance. Notice shall be given by registered or'cerrtified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Alliance solely negligent shall excuse performance of this provision by the provider. The prov ider shall pay all costs and fees related to this obligation and its enRwcement by the Department and /or the Alliance. The Alliance's failure to notify the provider of a claim shall not release the provider of the above duty to defend and indemnify. 15.1 Except to the extent permitted by s. 768.28. F.S. or other Florida la\y, Paragraph 15 is not applicable to contracts executed het%\een the Alliance and state atgencies or subdivisions defined in s. 76&2%2}, F.S. Ili. Insurance and Bonding Ill The pla"Ader must carry adequate liability insurance and vyorker's compensation insurance coyeraga on a comprehensi\e hasis. and must hold such liability and \\orker's compensation insurances at all times during the cffective period of` this contract and any renevyal(s) or extension(s) of this contract. The Alliance shall tie included as an additional insured on the provider's liability- insurance policy, or policies and a copy of the Certificate of Insurance shall he provided annually or when any changes —occur, file proOder accepts full responsihility f%r iclentifjing and dews-mining the type(s) and extent of hahilit\ hrsuramc nccessar\ to pro\ide reasonable financial pivectiilns for the pro%War and the chwnt, to he coed under this contract, f pon exwctlt 011 of this contract. the prtni<.lwr shall furnish tO �Uhmwc %vritten %crification supporting hoth the determination and existence of suwh insurance co%cragc , the limits N covwage under each poliov maintained by the prate ider A Ilia limit the pni;ider', hahility and obligmions under tltl, contract. I he provider shall cn urc that the \lli,,nice has the most Current %vrltttcn verification of Insurance coy trace throughitlrt the twrrll of this Ciinti"a4't. I he I)epal'tlll `nt and IIIC Alliance re,c"r\e the i'I ht to rec)uve addlt}eM& ul unt ac uherw approg ate, 142 1 ilr w1whout the term elf this Contract, the prow lifer must maintain an insurance Ond fft'm A re,pen,lhic Ce11r1P11c'rclfll I11 thI';ln e c0nlpallA :oVa'my Ill otllwer,. director,. empkOves and cyan, A file prey\(der. ;ititkwdcd to II(CIhIIC trieds IeCai\(,'tl of diIbIII-led tlllalt'r I h i 1 0gHract. In a91 alllt}rint c0IIIIIllat,t1l'dlta \\Ith tile hinds I1allciICJ. Illc' ale"rec of risk as dcterinivad h\ 111a Inslli;lilcc c:Ornpaal and consi,!anl VV h !.'.00d hu,Inc" pr.ICtle.'t ,, 10.3 If the pro; AT i, N sNite a3_ow, or YON won air clCt nJ h sea llon "6 2'fi. 1 .`5.. the prov kiwi' shall ttlrnlA (g,oll rcqua"t. A\I`ilteil \c'rlhcatloil of llt1hihlt prolcction in aCcelydance \\Ith ,C':noll `08,28 1 ,'s. AothlllL heraill shall Contract \umhcr KC 1471 con trued to cytclld anti party " liahilitv bevonc{ that provided in section f)828. 1 .`S. ('scc also lndClllllificatlon clau,e ) 1 'o11 fide ntialitN of, I1)fo1.111 rtion I he I'Rn War Wall not use or tllsclose am nlCortlit, 4m con arcing a recipient oI , per\i':a, older tht , conlracl lol anti prohihited by state or federal Lm or reuulations eycept ve ith the vvrittcn consolt of'a perscnl QUA authorised to Igivc that coll,cnt or %vlwrr authorised by lavv. 18. Health Insurarrce Portability and AccoutitabilitN .tct \1 here applicalble. the PR)cider shall compsv with the licalth insurance lAvil bility am! Acsonm ilia Act ( 2 l'SC 13241.). as well as all regulations rnonaulgated thereunder 05 CFR 161 161 and 164). 19. Incident Reporting 1%1 The Provider shall notify the Alliance immediately. but no later than forte-eight (48) hours from. the Pros ider's a%\artiness or disco�ery ofconditions that may materiallt affect the Pro\Aer or subcontractor's ability to perform the services required to be performed under this contract. Such notice shall be made orally to the Contract titanauer(by telephme) "Ah an email to immediately follov�. 1%2 Ile Provider shalt immediately report knowledge or reasonable suspicion of abuse. neglect. or exploitation of a child. aged person. or disabled adult to the Florida Abuse Hodine on the stateiivide toll-free telephone number ( I- 80496ABUSE y As required by Chapters 39 and 411 F.S.. this provision is binding upon both the Provider and A employees. 20. Bankruptcy NodHeadon During the term of this Contract, the Provider shall immediately notify the Alliance if the Provider, its assignees. subcontractors or all limes file a claim for bankruptcy. Within ten (10) days after notification, the Provider must also provide Be Following information to the Alliance: (1 ) the date offiling of the bankruptcy petition: (2) the case number: (3) the court name and the division in xxhich the petition was filed (e.g.. Northern District of. Florida, Tallahassee Division), and, (4) the name, address, and telephone number of the bankruptcy attorney. 21. Sponsonh p and Pubdichy 21A Any nonWnernmental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program. state: Sponsored by, the State of F06da. Department of Elder Affairs and Alliance for Aging, Inc." Ifthe sponsorship reference is in �krittc;n material, the words "State of Florida. Deparment of Elder Affairs and the Alliance for Aginla., shall appear- in the same sire letters or type as the name of the cvganization (ref.: section 28605. F. SA This shall include. but is not limited to, any Correspondence or other writing. publication or broadcast that refers to such pro`.;mm. 21.2 1 he provider Shall not use the words "State of Florida. Depamment of Elder AAAks "andlor "T'he Alliance 'for Aglimp fne." to indicate spmsorship of a program other~. ise financed unless specific authorisation has been obtained ht the ,'Alliance prior to use. 72. Assig 211 The prov Her shall not asdgn its rights and responsibilities under &is contract 1%ithout the 17riOr�v ritten ap111-0v al ofthe Alhance. All contracts or agreements incorporating this Contract b) reference shall remain bhWin<a upolt the o"vsaws in interest of either the (Awitractor or the. Alliance for Again<a. Inc. 221 No approval by the Alliance ofanv as,,i�unmwv or Oxonmwt shrill he deemed in ,any eloent or in ain% mann<:r N) 11rov He fill. the incrarrence of and oblig"Ition of the Alliance in addition to the dollar amount n�ereed up011 in this 11.3 1 Q istlite q`^f I-lorhS i, at till) tulle, OlUed k, aQUn or irailaler, to AV hole or part, it, khlLie,, Ol ohlit!,till�.�n� 1C#' afi\ �o1ltV<3c"t ill' a�.'I'eC17iCllt to alll+isles �!t'it�°r(�Ilt (1I111 a'!C'nC� lfl the �t�7tc' �?f I�iC�I'ICl<i. t111�.�n t Il Iilg 171,101 Vv rlltell rlot9ee to the Contractor, Ili the e\cni the Mate of Horida appro\c; transfer of the (_ontr�a%tor s ohlgahor1 the t , "olltrrtehl relalain> reT,mQlC for ail vv(sk peifrrnwd and all e` Pall,C, InellrreiT !ii O nite"Ww"I V\ith the cowl al of 11� I�`Cillenl. iti Ccathtr;;e•t \tithhher h,;.(. 1-171 23. SuhconIraacts: 13A I he ( on(iukq is responsible Q all "ak perf smed :and for all eOtthilltWlt.'s prtvt. HOW pursuant to thi, Ct�l'rtr�det, Anhetha. at.luallt (tirni hcd by tl1c: ( cal?im t w to 0, Ann subctm-trin, tihall he et Kneed K a "rime ant,cment 'uh'ica to Al . IJAiLPIQ term, aiki conditions'or this wwwraa Alhalicc ,ippnoA or"to say lee applicwkM presented by the prov icier shall constitutc Alliance apprt'nA of Mc pin" ids. , proposed sub,iolltracts it the suhc0nlrActs f011ovt, the sort ice and ttandlow intorllla km idenhA d in rile 1"1rt711tW s set-%ice" application. At rather suhcoraralis pr0P0sed to be funded lll'idC:r this contract must be approncacl ill advmi,.:e I)v the alliance. I lie pr y ider awrees that the alliance shall nka he liable tt) any su n ntrtanor in any vgar or fot ann reason. Ile pan ider_ at it, expense. nn ill indemnifn and defend the \Iliance auainst ally s H bcontractor-elainas. 232 1 he pro%ider shall pro npth pay any subcomractrars. Failure to pay subcontractors pursuant to any ,uhcornract or as required by lanv may result in enforcement action under this contract. 23.3 Ile prodder maintains responsibility A r the nwridwing and perbi-manee of all subcontracts in accN-dance "All all applicable federal and state lantis. 23A Ile Comracmr shall have a procurement polo that assures maximum fi-ee and open competition. Such procurement policy must conform, as applicable, n0h Federal and State contracting and promirement reti ultations, as set forth in NO 45 Code of Federal Regulations (C'FR) part 74 - Suh-Fart (... Ch?87,057 Florida Statutes (F.S.), U.S. Wice of Management and Budget ((>MB) Circular 110, Florida Department of Management Services(DN1S) Rule 60AA. Florida ,-administrative Cade, and twill the Department of Elder Affairs Program and Services Handbook 2012. 23.E The Contractor shall submit annually to the Alliance service cost reports. %%hkh reflect actual costs of providing each service by program. This report provides information fbr planning and negotiating unit rates. 24. independent C7apacitry of Provider 4.1 Fhe provider will be acting in its independent capacity and not as an employee, agent or representative of the Alliance or the Department. Ile provider shall not be deemed or construed to be all employee, agent or representative of the Alliance or the Department f'or any purpose whatsoever. Nothing contained in this contract is intended to, or shall be construed in an), manner. as creating or establishing the relationship of employeremplotce bet«een the parties. 24.2 The provider shall be responsible for completely superb icing and directing* the work under this contract whether- performed by the provider or by anti subcontractor that it may utilize. The provider shall be responsible for all subcontractors vvho perform work under this contract. The pro4ider agrees that it is as fully responsible for the acts and omissions of its subcontractors and of persons employed by them as it is IN the acts :and onais ions of its o"n emplojees. 2.13 It is further understood that the Alliance does not control the employment practices ofthe provider and shall mn be liable f( r aril v%age and Fhour employment discrimination, or other labor and employment claims against the prop ider or its stabct>ntraetors. ;y11 deductions for social security, inithholding, taxes. income taxes. comribtnit ns to unemploy man conipensation funds and all necessary insurance for the provider shall be the sole responsih'ilit, ofdw pan der, 25. 11avment 211 On man, shall he made to the Pn"ider as sere ices are remki-ed and inn raked by the Prot ider. The Al l iance's Ctuatract Nhinawer till have th al appn"al OCthe i "Oke AW payment. and "Ul appWve the KO WC ft7r pal mail Oldv if the Plov ids— has filet all terms and conditions of the Ctmltram. Unless the bid purchase racer. oI this Ct',11tr[iCt pacify other\+ice. I he aplmned nlO ke "ill be sul"1mh ed to the Alhance s GnAwc sucthm for hand et�al� appr v al arld pi� �:es iris 15.2 Pacma.nt Docurarentntion Required Idea pronidcr slh;all maintain doc:unhc:lht,ition to 'Upp011 pay Went request" tiwlai�la shall lie antlilahle to tihe ( the (7cTlirttHOW 1W We .A11iAnee tlp011 retli;c'st 111101ees nhPlst he slihmiticd ill sUffl"it'nt detail li)l- a pntpt.1r pit: audit and pt7;t audit tlhereol. I he provider shall e"'nlply t6111 all statC and federal hlvv' _ati�tieritin� pWriaents tt, hC Made 1,111dc2r this C011naet irhehldin:.,.. but not limited tt, lhe ftrlG�n�inp: (a) para'!raph ( 16l (b) of c) ('ontrac:t \umber K(.' 1471 >CHon 210 181. 1 , N. regardiny ardvance,: rb) Rule 6Q I-..lo. 10_* pert�aiIII to Restriction of I \pCrlditnIc, I ron ,Cate knld,: and U) the Contract l'oAIn"I Regrlrnmcm, ,llb-scnion 01 scatloll ( of the Ouide lot taI I \pendllnrew frow lhi: of I ulal),:iall er v 1,°c, Iho prat% War shall nlahmain detailed docwni _,waikm k, 5rrpptkrl each iwm on We itc•nlitc:d ioOlcc Or pavnlent ra'gik,'tit Ior i:o`+t rCllrll'ur,Cd CSpnIscs. i:4:hIdilIz! J%Ii 1 Llh�:t711Lrawr in%KCs. alnJ Vv ill he p1rC du,:cd trpoii regUesl 1)v the 111iairlce. I he prov ider shall only request rornhur�,crtielil for allowable cylwn,c, a dcFinecl in the how, and p,"uidin_: circular, cited in this aurcollent. in the Reference GLJidc for State lApellditrlre,. and any other Lor s Or reticulations. as appiicarblu. and that adrninkilativ e eypcnse, do nett exceed amounts budgets d in Ow pro" ides', approv ed sery ice application. The Gontrac:tor will certify that detailed documentation is available to support each iteni on the itemized invoice or payment request for cost reimbursed ev1lenses. fixed rate or deliverables contracts or a,_Ireements incorporatim! this (.'ontract by reference. includinvg paid Subcontractor invoices. and will be produced upon request by the Department. -1lie Contractor vs ill further certify that reimbursement request, are only for allowable exposes as defined in the laws and guiding circulars cited in Sections 6 and ? of this Contract. in the Refereice. Guide for State E.\penditures. and aiM other la"s or re4gAmions, as applicable, and that administrative expen s do not exceed amounts budgeted in the Contractor's approved area plan as developed in accordance vv ith and pursuant to section 306(a) of the Older Arnericans Act of 1965. as amended. 25.3 Limit on Fundinp, Obli(,ations The Alliance for Aging. Ines acknovv ledges its obligai ion to pay the C'omraetor for the performance of the C'ontractor's dUties and responsibilities set forth in any contract or agreement incorporate ig this Contract by reference. The Alliance shall not be liable to the provider for costs incurred or performance rendered unless such costs and performances are strictly in accordance vyith the terms of this contract, including but not limited to terms governing the providers promised performance and unit rates and/or reimbursement capitations specified. The Alliance shall not be liable to file provider for any expenditures which are not allowable costs as defined by applicable federal or state lave, or\which expenditures have not been made in accordance with the fiscal guidelines and requirements outlined by tltc Department. The Alliance shall not be liable to the provider for expenditures made in violation of re('Lllations. the Older ,Americans Act. Department rules, Florida Statutes, or this; contract. 26. Return of Funds IN Cbmi actor shall return to the Alliance any overpayments due to unearned funds or funds disallovwed acid any interest attributable to such funds pursuant to the terms and cont'fitAms of any contract or agreement incorporating this Contract by reference that v%ere disbursed to the Contractor by the Alliance. In the event that the Contractor or its independent auditor discovers that an overpa}ment has been made. the ('ontractor shall repay said o\erpa}rnent immediately withcurt prior notification from the Alliance. In the event that the Alliance First discovers an overpay merit has been made. the Contract 'tilanai7er will notify the Contractor in wrkhg of such findOgs. Sholdd repayment not be made forthv%ith. the (Ontractor shall be charged at the hovfLlI rate Of interest 011 the c�utstaricfin� balalice pursuant to ;. 55.03. F=.S.. after AMiance's notification or (_ontractor discovery. 2'7. Data Inte+Yrit- and Safe,xuardin, Information. t he prov der shalI ellsure an appropriate 1(:vel of data security for the information the° pnn ides I, :ollectinfa or trskg in Tu pwrWrItaince of this convact. .An appropriate lev el of security include; a'Ippr0v ing and all pro, ider eInpIo7 ec's that rC'gUCst system ter inforillatiOII aieeetiti and enslIrin_' that iIser aee:eSs ha, he:II rein0yecl from nH terni13 cd woploycm The pro\ Acr. anion; othm RgUirCinew may ant iwipaw :and pl-ap;ire fir dw 1o,s of cap'INI t S. AH data gild wh"afe nium he� nuoinelV MAN rip 10 insure' reed" r! 110m o, L'S 01 t'tilail:e', Of COMpula ,\tits" n1 lilt' i4'i'LSrll\ , vw the hack-up djli l Is to he a, 'Irim-,nil as t11e pr.Ucil&I A."IMIL:d of the prlrttary 'o,tclil l hi: prov ldj :r 'haul insure all itl.lintalli w'mcrl print"C�llrreti for e:kmlplwcr ,\Stein 1juktlp am1 rc"tYnno I hV lln" ides shall. PIT 10 e\Oir'r IN11 of this a greernant. ct111p�lctc the Dalai illtc< situ C'ertificali�.'�n tornl- AI I A('11\11 \l JV. I Colttract \Lull hcr K 1471 2S, L!"n niter I se and 'Social Media Policy he i qar marl of l_IiIWr ."fins ha, 1111pIc"Iticf'lwd a He" 4C+CkI \lt'jA 14hq, in addltlt n W k, ( t7111pUlar- t Pohwv. 1vMich applie, 0) aH anyhow". i:0101100 ompitx Qo' tim,l;1t<l ul t14 and vvNinwor,, includl= till par"onnwl affiliated vvAh ill ird pJrtie,. such d,, but 1101 1Allitcd tt), _Area ,VacnCiw, oil alit! vendor". 111� clltitV that ll,w° the l)eptl("t(tlem s c0H1l)uter re,tvurce ;Astw[H, IMI't \\ith the Department" I)oh \ re(ardf(li "Ocial nlwdi41. 'social 'Media includes. but is not limited to blowrs. Indca,t4 docu,sk"I forums. %% iko. 110-1 feed. v ideo h,lrin�a. social networks like V Space. Fa, ewh ok and Tvvfitter, as well as comerlt ileavvc'vk, such a, I lkkr and You ► ube (This police is avaHahle on the Department's vvebsite at: http:Helderaffair•s.state.fl.tis/(Ioea!financi.il.plip), 29. Conflict of Interest The Provider shall establish safextrards to prohibit etx�plt7�ees. board member, inanazaement and subcontractor, front usin.I their positions for a purpose that c«natitutcs i?r presents tl7e ,rppearance of'personal or or4aanizational conflict of interest or personal gain. No employee, officer or agent of the Provider or subcontractor shall participate in selection, or in the award of an aureement supported b� state or federal funds if a conflict of interest. real or apparent. \\Mind be involved. Such a conflict "odd arise "hem (a) the employee. officer or a`rem: (b) an\ member of his'her immediate family: (c) his or her partner. or: (d) an orxanizadon vNhich emplo)s, or is 011101.0 10 employ. any of the: above, has a financial or other interest in the firm selected for avv:M The Provider or subcontractor's officers. employees or agents "ill neither solicit nor accept gratuRies, favors or anything of monetary value front contractors. potential contractors, or parties to subcontracts. The Provider's board members and management must disclose to the Alliance any relationship which may be. or may be perceived to be. a conflict of interest vwithin thirty (30) calendar days of an individtrtil's original appointment or placement in that position. or if file indiv idual is serving* as an hwunkem. vwithin thirty (30) calendar days of the commencement of" this contract. The Provider's employees and subcontractors must make the same disclosures described above to the Provider's board of directors. Compliance vyith this provision vwill be monitored. 30. Public Entitv Crime Pursuant to s. 281133. F.S., a person or affiliate who has been placed on the convicted vendor list follovvingri a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services tO a public entity. may not submit a bid. proposal, or reply on a contract vv°ith a public entity for the construction or repair of a public building, or public vwork: may not submit bids, proposals. or replies on leases of real property to a public entity: may not be avvarded or perform work as a contractor, supplier subcontractor, or consultant under a contract vwith any public entity: and may not transact business with ally public entity in eXccss of the threshold amount provided in s. 28TO17. F.S., for C:`ATFC`i0RY T\V0 for a period of 36 months follow ing the date of'heing, placed on the convicted vendor list. The provider represents and \\arrams that the provider its officers, directors, senior management. partners. cmplovees or agents have not been convicted ofanw public entity crimes vwithin the last 36 months. If the provider or any of` its officers or directors is convicted of a public entity crime during, the period of this agreernent, the pro\ider ;hall notif' the ;Mliallcc immediately. \on-compliance vyith this statute shall constitute a breach of this agreement. The prov Her must ensure that it does not enter into vv All anv subcontractor on the conv icted v endors list or Nha"ise prohibited lion contractin`a for state funds pursuant to section ~5 7.133. I-'.S. 3f. Purchasing; Muwment of Product,, or :Materials vv ith Racy clod Content. Rell,able materials and products shall he tiled where cconGmically technically fea,,ihle. 32. Patents. Co vri{7hts. Royalties If thi, cG�iltrict i, a"drded we Indbiu and if anv disconvo, invention or woMriulltAMc nlatenA i, xfcvckTal lart',k!L"ed or 1�)r vv1 i1 h e)vyIl 'CshSh vvas ptll'chl owd in the COHF e tit (Il ;1, <l resl(It of vvi)rk or s,:ry i,�c, mid,',r tll1; ��11trtl t. lhk'' llrovidar tillu311 I'efe'(" the do,:Overv_ Mvc.Ttk)H 01 nl;iteri,d to tllC :Viiarce to he reheIlwd 1" Ilse IkTannw! of Wile Any and all p itwnt I'i_17(i or "t�l)lrE[ Ill, of 4rk1111 Llllller thl, c0lnl`:M ;ire harel)% l ,wCvwJ k) he �t�ttti� of l lol-ida in ai'c0rdance vv All Chalpmr 2w, F `ti. 33. 1 riser<'encv Pret)aretlness and Continuity of,Operations 11 Contr:tct \other IB(` 1471 33.1 11%. I're)v idcr .hall. vv ithill tllirty (:;ill :,I ICIldal" dav> 01' 11 Ic CyCC Lit I I1 e��i' flli- contract. sLII)IIIIt tee I I I C Co1111':1ct tilIII C r vCrificaIII II an CIIICr:_'CIIcv 1)rcps red IIC an. In the cvcm of an eIIIcrwCI1,v the IIv� 1,1cI shall n,�tIfv the llIMn,:c e�f'crllcr�Cli v pre�v i�i,_�11 33.2 1n the cv ew tt ,It rlatIon rc�uIt, It a cc,,IIIolI e,f cry Ice, by a s1Ihc0Iltr,tkA0r. the 11n,v ides shall retain re>jvli'INIIIt fear I e'1'1t�rnll'1ne' tinder thl', coiltr,Acl iIlld 1l'llitit f0110%\ J)I0Ced(1rC1 to Cll,rLffe C0l1tlllll1t\ of OI)CI'ltti011y \\ItIlOLIt llltt'rr111)tfl�l1. 33.3 In preparallon for the threat ot,all :met-Lerle% C\clu as defiilled irr the '-1tMe Of I101-id'I C 711111re he litii\r ( rrlel'-'ellc\ Mallat!cIIIcIIt PIaII. the I)el)a rill cnt 111<1\ esercisc atlthorit\ o\er an area Tzenc\ or er\ ice pro\ ider at�encV t�_� implement prepare dress acts\ities to irllpro\e the sal t\ Of the elders\ ill the threatened area and to secure: arctl a�aencv and set-vice prov der- f leilitics tea mininlire the potential impact of,the evenC. hese attic>ns will be vvithill the existing roles and responsibilities of the area agent\ and provider. 33.4 111 the c: ent the President ofthe l-nited States or Cfo\ernor of the State of Florida declares a disaster or state of emergtncv. the Department may exercise authority o: er all area ai_1enCv or service provider auencv to implement emeruene\ relief measures and"or activities. 34. Equipment )4.1 [equipment illeans: (;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 le\el established by the organization for the financial statement purposes, or S5,000.00 [for federal flnlds], or (b): nonexpendable. tangible personal property of a non-consumable nature vv ith an acquisitionl 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, vyith a value or cost of$250.00 or more [for state funds]. 34.2 Contractors and Subcontractors who are Institutions of' Higher Education. Hospitals, and Other Non-Profit Organizations shall Have written property management standards in compliance vwith 2 CFR Part 215 Administrative Requirerlients (formerly OMB ClrCular A-1 10) that include: (a) a property list with all the elements identified in the circular: and. (b) a procedure for conductinc, a physical inventory ofecluipment 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 trust be maintained on file and shall be provided to the Alliance upon request. The Contractor shall promptly investi-rate. fully document and notify the Contract Manager of art} loss, damage. or theft of equipment. The Contractor shall pro\ide the results of the investigation to the Contract Manager. 34.3 The Contractor's property management standards for equipment acquired vvIth Federal funds and federally- ovvned egrlipnlent shall include accurately maintained equipment records with the following inforimation: (I ) A description of the equipment: (2) Manufacturer's serial 111.1tl1ber. model number. federal stock rltrnlber, national stock number. or other idelltifieatioll IlUmber: (.1I `source of the e(juipment, Includin<g the award number: (4) V hether title vest in the: Contractor or the federal oovernment: (5) ACC1ttlylllon date(or date received. ifthe equipment vvas furnished by the federal uov rnllleil i and eo�l: t0) 1111C)nllatloll frolll vwhich one can eaICLII Itc file percenta!_'c Of' fedV173I participat1(m in the cost Of file: r'yuihllicilI t not a1)1111c,Ihlc to ecluiplllellt furnP�he:d by the f'Cderal _`ov e rilillent l: i I.ocatke 11 aHld condltle""-dl of the equIp11 ew :Irld the date the 111l'ornlmi011 vvd, repeWfed. I til f lilt aetltlitiltic`11 51: '111d (ell I Itllimle ell"po'Ition data. 111clUdlM-1 date' of dl,pt7sal and sales price Or ills InCtIlo(f tl5e:"d te7 &ICr1111ne ( tiITC111 fair in irkct \;'1111c vvhert' a �._i)llirae"to!"Cc)IIIJICII>lIte" the tcdt"1'al ;l1\ale{Ikl'_'. C1'_'C'lle"\ it�f It, tmc i�' (.'cl itr ict \tinnier EEC 1471 W.-) i_quiprnellt piirch,. cd Rith hadcral Smid, vv h an acclui01011 cost over S .tlt)O.On and ccluilvnlcnt hlircha�cd vvith 'tatc f(1nd, yvith an acgui,�ition covet over SiAMA),m) that is I)ccifically idcntit-wd in the area plan approvcd I')v i11C d)c'll;rit113C'11l i, parl, A the co"+t of carr\ 6(1,', ont 111c a'.'IPAdic, and hnlc!Von, of the 'glaln av\ird,, and i ilic wn,nurship) AA ilk \QY in dw t. Contractor. `ul4act to tllc aWBtW of 2 ( I R Part 215 UrniWamI\e Mllmallicrlt, (lorincrly ()%Ili (, ircHLn- \-1 10). `5rlhpart C paragraph 34 Qtiipnlent purcluned under thu,u threshold, i, ci.�il,idcred supplies and is not > hiL:ct to property standardN l_clllipnlent purchased with funds idcrltifed in the hFl l'!t 1 atta 17lTlclft, to art-.Icelllerlts co\crcd h\ am co"arlct ot- agreement incorporathig t1d, (..ofltraa:t by relOwco or idclnified in the uh-agreciileniN "ith `ibcontractors (not i"Imled in a cost I. rti SUhtecl to th1 .' conditA is of Section 273. F. V and 60AA AW17. f. .A. C. or llt.le W C.`FR Part 74. 350 t he (.Wr dor shMl not dispose of any equipment or materials prov Wed by the AIlianco or purchased vv 41) funds provided thRmgh any contract or agreement incorporating this Urnract "ithmn first obtaining the appmal of the Contract Mmafga. "ten disposing of priIM) or equipment the Contractor must submit a written request for disposition instructiiwn, to the respective Contract Manager. The rCLILICst Should include a hrief"description of We props, purchase price, fundillU Source. and percentage of'statc or federal participation. acquisition date and condition of the property. Fhe request should also indicate the Contractors proposed disposition O.e., transfer or donation to another agency that administers federal progranns. offer the items for gale, destroy the items. etc.). 35A l...he Contract y-lanaucr \\ill issue disposition instructions. If disposition instructions are not received \\ithirl 120 days of Be \\ritten request for disposition, the Contractor is authorized to proceed as directed in ? CFR Part 2 15 Administrative Requirements (formerly ON113 Circular A-I 10). 35. Use of State Funds to Purchase or• Iniprove Real Property Aliy, state funds provided for the purchase of or improvennents to real property are: contingent upon the Provider or political subdivision grantin(g to the state a security interest in the property at least to the amount of' state funds provided for at least i years frorn the date of purchase or the completion of' the improvements or as further required by W, 36. Dispute Resolution Any dispute concernkg performance of the contract shall be decided by the Contract Nianager. vvho shall reduce the decision to k\riting and serve a copy on the Provider. 37. Financial Consequences of Non-Performance if the Provider fails to meet the minimum level of service or performance: identified in this agreement. or that is customary for tine industry. then the Alliance must apply financial consequences comrnlC llSrrratC With the deficiency. i huncial consequences man include, but are not limited to. contract suspension, refusing paynnent, Nk ithllolding payments until deficiency is cured. tendering only partial payments. and!or cancellation of contract and retrcquirhn4a scr\ices from an alternate source. 37A The Provider will not be changed with financial consequences, when a failure to perform arises out of causes that \\ere the responsihilit\ of the Alliance. 38. No Waiter of Soverei4*n Immuniti vothin-' �:ontaine( in this awreerinent is i vended to sem as a "airier of mmrlign Immunity by any wity to "hleh sovereil it inlnninity 111al he applicahk'. 39. Qnrre li ;11'1V diJ) l .' ali-ON rant V Milk wonnacL the \c'11we of arch i ual Rill he \ii�inn-Dadc (. ounr\. I"lctlltlll. 39. Entire Contract i h!ti 4' )11Ira."I contain, ill the tci`1115 aild 2olldlli011, :1"LCCd npon by tllc" l�:�il'tV ',ti 4�� oJil �i r' `a111ci11ti i�t i'c151'C,,cll1at ono ti rid! W \alil or hindnly Upwi the AllOnat: t`T the 1?0\ li1t,'r U11W1 crprcw�,l\ COnt,lin4'if hCrcill or h\ 13 Contract Nulnl-)cI, K(' 1471 a vvlinen arllcrrdment to this "oniract signed by holh Partie,. ! he I'nIV, \\ill Ilia be 13 OO for ally delay, iw tallure, in pertttimanac due to i ilvurn,trt wo, World their et>Iin r ,\Ideal the party C:Xj)erieIIei;IL' tl1e ftlr,.e iIIatetIFe :0HdiIi� ll hIo\ rile;, IIIIInedi ate A11-rtteII II Ii11eatlOu tip t(ae olhe!" [''arty and takes till etfori� to eurc the c:orldijio11, 41. `vNerahilit< Clause We I'arues agree that if a court of competent jurisdi�,::Iioll deems aM ter111 or Condition herein `, id or rulenforceahle: the Drier prt�v isi�7rls ,are severahle to that vold prov Ision and Wall remain in hdl force and effect. 41 Ccirad tion Precedent to Contract: Appropriations I he Parties agree that the Allianee's performance and t bhgation to pay undo this awltract is con huent upon an annual approl-nation by the Lc�aislature to the Department and a C01-reSponding, allOCati011 under contract from the Department to the Alliance. 43. Addition/Deletion Ile Parties agme tht the :Alliance reserves the right to add or to delete any of the sere ices required under tiais contract "hen deemed to be in the `sate of Florida's best interest and reduced to a written amendment signed by both Parties, The Parties shall negotiate compensation for any additional sere ices added. 44. Waiver The delay or failure by the Alliance to exercise or enkwce any of its rights under this contract vv ill not constitute or be deemed a \\aiyer of the Alliance's right thereafter to enforce those rights, nor will any single or partial exercise of any such r jht preclude any other or further exercise themof or the exercise of any other right. 45. Compliance The Provider shall abide by all applicable current federal statutes, lays, rules and regulations as well as applicable current state statutes, law4 rules and regulations. The Parties a-me that failure of the Provider to abide by these laws shall be deemed an event of default of the Provider, and subject the contract to immediate, unilateral cancellation ofthe contract at the discretion ofthe Alliance. 46. Final Invoice The Provider shall Submit the final invoice for payment to the Alliance as specified in Paragraphs 3.4, 3.4.1 and 3.4.2 (date for final request for payment) of ATTACHNIENT 1. If the Provider fails to submit final request for payment by the deadline. then all rights to payment may be Wrf"cited and the Mliance may not honor any requests submitted after tine aforesaid time period. Any payment due under the terms of this contract may be vvithheld until all reports due from the. Provider and necessary adjustments thereto have been approved by the Xlhance. 47. ReneWotiations or Modifications 'Modifications of the paKdons of this contract shall he \alid only when tile\ have been reduced to writim-, and dui% signed by both parties. File rate of pavment and the total dollar amount IllaN lie adjusted rctroactkely to reflect price Ic\el increases and chanvucs in the rate of payment \Oicn these have been estahhshcd thrcmgh the approphations process and suhscquently identified in the ,A11iance's I.apr~"t';atln;.� k'7Lid��ct. 48. Termination 4&1 1 his etkllirw Wray be terminated by either, party vvith(Iut caur;e 1111011 n,' les, thaal thirty (3Oi calendar drays' notice ill A% 6lifIL, to the tidier part\ wriks, a St'�c'mmr time I, mutw11% agreed gvin in AyClCilaL, tialti notice Shall h", delivcred by I .4 lhwal tiery ice or an ey.pwhicd delivery ,ery Ices that provide, vcritication of deli%cry or by hand dcllic'r'\ to the (_ tq)tra,:l Vanauel- or the 1'epre`+:IltatiAc t51 rile 14" lifer reTtwl,Ode for adrnKW,tratlt',il a Ih',` ct�rrtr�ret. 412 h, dw cvent fund, AT pavnleit pur,riani w this eOIltraet hcet'llle H111110ilahle, the 11Gance HIJv icrll)in:ate thi, colitra41 rIwon nt) Ic„ than 11t7lirti i)tstiee in A\ritily to tile' I'rt'VYLT. SJJd 11010 >li;il) he ddhercd by t .`•~. I'��,tal 5c�1..v ice 4.,r any e\pedited delivery 'er\ice that pi'm ide, \erificatioll of delivery of by hand deli\e>r.\ 14 CoIItr;act \Lunhcr h:C' 1.471 to iht." (, oinr;a,-t V mono r to the rcprewlllmrvc oI Me Pno Her rcqltoi,ihIa lot Ead ill inisuatlt)11 t11 IhC .:olIttacI I Ile \IhJnce vv ill he the 1-mal ,tuthority as to the at.ailiahility ,and adc'aluacv crl' funds. In the evCut Ofternunation ol'thi' Ct'tP lld,.t. tllc° Plot ((IL:1 1lSII he :o[npe1lL'a1Cd fo! an \wl1, colliplcled prior to the dale of tcriilialation 4&3 1 hk CWlti<act 1110y be tunr n acd for clips: upotl no It, ONul twcrin Our (241 houW ilttiticc in t1r nIn Itv the l'Ct7vVal r �1,allei' of breach of mly pry i,rail, Eel this contract shsall not he deemed to be a vtakcr of ally other hreLach and shall ihq be construed to be a modifiCatitwi of the tcrt1ls and conditioil> of this contract, I he pro;i0m, herein do riot lindt the .Alliance s or We I'no ider s rights to remedies at Ia % or ill equa". 48.4 Failure to We perfclrnled any contranua) obligatAmN w lulu the Alliance in a nmmler satisfacttlr; to the Alliance ill be a s111'iCient situ<e for termination. -I o be terminated <as a Prov idcr under this prov ision. the Prov ider must Ilavc ( I ) prev iously failed to satisfactorily perform in a c`cnitract with the Alliance. been notified by the Alliance of We unsatisfactory performance. placed by the :Alliance under a corrective action plan and failed to correct the unsatisfaetors perform<uace to the satisfaction of the Alliance as outlined in the correctiNe action plan: or(2) had a contract terminated by the Alliance for cause. 4&5 AAk er of breach of an) provisions of this contract shall not be deemed to be a waiver of any other breach and shall not he construed to be a modification ofWe 'ternls and conditions of this contract. The pros isions herein do not limit the Alliance's right to remedies at lavN or to damages of a fugal or equitable mature. 48A Suspension of Work; If the Department of Elder Affairs determines in its sole discretion suspend any or all activities under this Contract and any, Contract or agreement incorporadrig this Contract b) reference, at any time, when in the best interests of the State to do so, the Alliance Will suspend the contractor's work. As the Department provides the Alliance with written notice outlining the particulars of suspension, these reasons will be communicated to the contractor by the Affiance. Examples ofthe reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency. or other such circumstances. After receiving a suspension notice, the C'ontmoor shall comply with the notice and shall not accept any purchase orders. Within ninety clays. or any longer period agreed to by the Contractor, the Alliance shall either(i) issue a notice authorizing resulraptiora of work. at which time acdvAy shall resu my or(2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any, additional compensation. 49. Successcars TO contract shall remain bituhng upon the successors in interest of either the Alliance or the provider. +0 electronic Records arad Signature The AAA authorizes but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessar) 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 recilremems contained in the (,hnOwn EIcwwnh, I ruavaclOn .40. s. 668.50. Fla. Stat. All electronic records must be fully auelitable: are subject to Mihllc Racorcls L m. ('It. 119. and Ida. Stoat.: must cclnlpls with section 28. lW layt;"I erMl h7fiwrrration: must maintain ::all confidentiality. as ;applicable: and must he retained and maintained by the Contractor to the same estent as moorelectronic records are retained and maintained ;:as required by this Contract. 50.1 Cie AA A's aunhorination pursuant to this section dales not authorize clectronic transactia.ms between the Ccnnimcttlr and tic' AAA. The COntractor is authorized to conduct elcctra;lnic transactions w Ali the AAA only upon further written consent by the AAA. IL2 t reclulest by the A \A. the Ctatltr;ac,:Tor shall prot, ide the 'yW or IN WA It All WY lecriWc (paper) M rc'cOl'J" \"ll-c1c'cironic (p:lper) copies pro\idecl to tie .AA "\ 01 ally d,1LElanc'alt that \\,'as �III:aII\ fll ci 'cErctlllc fi�a"aYi \\ith alb elcctro!lic Ainnatlarc lnil"t iihdlc:ate the Arld Ill;: J%Ti 711 `1 c,'ah:tcity �vh�� electr�'lnically sicneil tie cic�cument oai ;Gunv a1�711-electrt>nic c:c'}py c�ftae drtc.u+ilealt. 51 Special 1'1-rrN isions 15 Contract Nunber K(' 1-47 1 t he ('ontrwuq agrees to the f.7llo"in, pno .Isi ms: 5 € .1 Imcsti<uauion of'Criminal Allcaiation': \il� rcrort that implies criminal intent on the part of'the Contractor or any Suhcontractors ;and refOrred w a Illc+nta[ or ii7ecstioat0r, aGt cncv Mtr,t he gent to the :Vliallce. If the ('ontractor lta; I-ca" ,n to believe that the vgill Ile�refcrred to the State Attorrncv. a I,m the t 'nitcd `Mates Anorncv's office. (a ether mere ncriml agency. the Conrictor ,hall notify the contract nana�cr. A copy of'alI docEimcnts. rep<7rts. notes ol, rather v4ritten rrtaterial conccrnima the imcstiL'atic7n_ vtihcther in the possession of the Contractor or Suhcontractors. must he sent m the Allialwds contract rnana.rer or ith it summary of the invest union and allemions. 51 .2 Volunteers: Ile C:'ommcmr shall ensure the use of trained volunteers in providing, direct services delivered to older- Individuals and individuals %%idi disabilities needinu such services. if possible, the Contractor shall \pork in coordination "itlt or�-,anizations 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. 51.3 Entorcement: 51.3.1 In accordance with Section 430.04. F. ., the Alliance may, without taking any intermediate measures available to it against the Contractor. rescind the Contractors designation as an area agency on aging. if the Alliance finds that: r 51.30 An intentional or negligent act of the Contractor has materially affected Be health, welfars or safety of'clients served pursuant to any contract or agreement incorporating this Contract by reference, OT substantially and negatively affected the operation of services covered under any contract or agreement. 51.3.3 The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated: 51.3A The Contractor has committed multiple or repeated violations of legal and regulator, standards. rcuardless of"hether such laws or regulations are enforced by the Alliance. or Be Contractor has committed or repeated violations of Alliance standards: 51.3.5 The ('munctor has failed to continue the provision or expansion of services after the declaratim of a state ofcmer{,ency and'or 51..3.6 The Contractor has tailed to adhere to the terms of an, contract or agreement incorporating, this Contract by reference. 51._',.7 In the altcrnatitic. the .A1liance may. at its sole discretkin. in accordance Oth section 430.ta-t. I �- take immediate mca,ures a,iinst tlae (:Ontractor. Weludin'-': corrective tacti011. unannounced special monnoring. teraapmar, assumption of the operation of'one or inure contractual ser;icm plcrccntcrrt ol'the Contractor On prohationary status. imposing a Etaororiuna on C0 mracm ankm. iaapt�sin�u financial pcilultics for nonporformance. or ahcr administrative act% pursuant to Chapter I_'(). I "s. 51 1 in nakinfc any dwermii mkin under this prof isiciia tlae ;alliance n:ry rely upola tlae findin:", of A17'aiter state or t�dcral :twtencti. or other hods. All? claims tor danaztew tor bresIL'11 Of` 10 ContraCt Numf-ler KC 1471 a11\ eOnu'aet or aul"Cement irtCarporatillu this Contract I,% relet,cnce are Cyertll)t Itrom adrl7inistrat -occcdin'-s and shall he hrotrght hei''re the appropriate emitv in the venue oI, Via1111-17ac1e C01.111th 51. Official Fla),cc and Represe ntatiNes (Names. ydd re,ses. and .I clephoIle Num hers I The name. address. and telephone nutnher of the representati\c for the AIliance for this contract is: Alex 13. Rothman, .1R LL.Al I)ITsi 071 czncl C`f;(� 760 N'A' 107"' Ave. `quite 214 Miami, Florida 33172 (305) 670-6500, Ext. 224 The narne, address, and telephone number of the representative of the provider responsible for administration of the program under this contract is: The Contractor name, as shown on page 1 of this Monroe County Social Services a. contract, and mailing address of the official payee to 1100 Simonton Street, Suite 2-257 whom the payment shall be made is: Key West, Florida 33040 The name of the contact person arid street address Kim W. Wean, Compliance Manager b. where financial and administrative records are 1 100 Simonton Street, Suite 1�70 maintained is: Key West, Florida 33040 C The name, address, and telephone number of the Sheryl Graham, Sr. Director. Social Services representative of the Contractor responsible fctr 1 100 Simonton Street, Suite 2-257 administration of the program under this contract is: Key West, Florida 33040 i i The section and location within the AAA where ,Associate Vice president Finance . I Requests for Payment and Receipt and Expenditure 760 NW 107th Avenue. Suite214 Mia forms are to be mailed is: mi. Florida 3 172-3155.7 i Contract Mana; er t a Alliance for ` -ins Inc. The m me. address. and telephone number of the Contract Mana�ur for the ,AAA for this contract is: 760 N v�` 1O7th Avenue. Suite 21•t \1iarni. 1.lorid3 33 1 ; ( 'pon change of' representati\es mamc:ti. addresses. telephone ntntthers) hw either party, notice shall he pro\ ldc(i in vvritinfa to the other partv and the notification attached to the or-i-nnals ot'thiv contract, In the d0k:rellt are desi�nated by either part dlter eyectrtiort of'tlti; eontraA. ( f,the mlllw arrd ddre, ofthe nee+ v%ill he rendered in isritirl±r to the other l%II1\ and said flotiticrllon to cooi'_inal: k)t thk> Contract, 17 Contract Number K(' 1471 51. All Terms and Conditions Included 111iti contract and it"' Attachrrl<nt"'. I throu'.th V A. 13. ('. 1). F. and an% cxhihit' ref,cr-cncet in ;trio mtachnlc nt- to''ethGr vtith any docu111ent"' incorporated h\ contain all the terms and aurced [Iflon ht 051 Partie", 'I here are Ilk) prm isions. term"'. c0nditis_11"'. Or ohli'Llation"' other than tllO,e cc7nt2111ed herein, M1d tl1lti ci'>nt�.tG shall supersede '111 pre% IOUs COMM till icat lion>. representation's or \tirittcsl or vcrhttl between th Pai'tic"'. B\ tiltnin4-, this contract, the Parties aurcc° that tile\ hake read and a-rec to the cntlre Contract. IN %V1TNE=,SS TIIE::RE()f the Parties hereto have caused this 13 page contract. to he CXecuted ht their undcrsiancd official"' a dt11v authorized. Monroe County Board of Contractor : Commissioners. ALLIANCE FOR AGING, INC. SIGNED BY: L SIGNET? BY: d NAME: ROMAN GASTESI NAME: MAX B. ROTHMAN,JD, LL.M. T1TLE:_______µCOUNTY ADMINISTRATOR ___. TITLE: PRE:SIDEN T AND CEO DATE: DATE: Name: r Sylvia Murphy r ,� Title: Mayor 2q f 2c. k, Is INDEX TO ATTACHMENTS Attachment I SERVICE PROVISIONS COMMUNITY CARE FOR THE ELDERLY Attachment 11 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS Attachment III FINANCIAL AND COMPLIANCE AUDIT Attachment IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS Attachment V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS Attachment VI ASSURANCES NON CONSTRUCTION PROGRAMS Attachment VII BUDGET SUMMARY Attachment Vill INVOICE CONTRACT REPORT SCHEDULE Attachment IX REQUEST FOR PAYMENT FORM Attachment X RECEIPT AND EXPENDITURE REPORT Attachment A DOEA HANDBOOK Attachment B CIVIL RIGHTS COMPLIANCE CHECKLIST Attachment C REFERRAL PROTOCOL AGING AND DISABILITY RESOURCE CENTER (ADRC)-- OUTSOURCED FUNCTIONS Attachment D DOEA COMPUTER USE POLICY Attachment E BUSINESS ASSOCIATE AGREEMENT Attachment F E-VERIFY Attachment G BACKGORUND SCREENING AFFIDAVIT OF COMPLIANCE Attachment H CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS TTACIM111N, I' I CO"NI3IUNLTY C.kR1: F0IZ T I I E 11,1)C:RL.V 1)R0GIZ k N I _SEC'I-IO` 1. SE:RN [('['S "L() BE: P12OVIDED I. Scope of Service and Individuals 1.1 I he scr%ices to be pro%ided are thci sc described in the pro.ider's 'ervice pro%icier application submitted in response to tite 201 1 C(T., Lead apphcatlon and as described in this contract. 1.2 file pros,ideCs service provider ipplicition submitted in respotzaC to the 201 1 C'C'E. Lead .\_,c'ncy REP, as a ell <ts the [UP itself is Incorporated by reference in this contract between the Alliance and the provider and made a part ofthis contract. 1.3 Individual Eligibility In order to receive ser%ices under this contract, an applicant Must: I} Be at least 60 years of age; (2) Be functionally impaired as determined through the initial comprehensive assessment; and (3) With the exception of APS high-risk referrals, consumers tnay not be dually enrolled in the CCE program and a Medicaid capitated long-term care program. (4) Fli; ible applicants must be screened, prioritized and referred to the provider by the Aging Resource Center prior to enrollment. SECTION 11. 1IANNER OF SERVICE PROVISION 2.0 Conditions 2.1 All services cinder this contract will be provided in a manner consistent with the conditions set forth in the 2012 Florida Department of Elder Affairs Programs and Services Handbook or any subsequent revisions made to the Handbook and the provider's service provider application submitted in response to the 2011 CC1 Lead Agency RFP (SPA). In case of conflict between the SPA and the Handbook, the Handbook prevails. 2.1.1 Client access to services, assessment and eligibility determination must conform to the protocols listed in ATTACHMENT C. 2.1.2 The provider will offer services based on clients' service plans. 2.2 Service"Tasks 2.2.1 Delivery of'Set-vice to Eligible Clients 1-he provider shall provide a continuum of services that meets the diverse needs of functionally impaired elders. he provider shall perform and report performance of the following, services in accordance with the current DOL'A Programs and Services Handbook. L he sen iCCS include the followin,*cate,.tories: (1) Care Sc n ices: (2) health Maintenance Services: tnd (3) ()tlier SupporT Sen ices. 01V �(T%102S I111CIUde l %a4"ict% tit 11oirc-dch%crc,`d 'mice" �Ll1 C.Ifc "Cl", lctc',. 'Ind other bEIyIC "'rti,eti'S i}tat c I1?i7ti1. P'1 ' CI l,l to pCeLClli Ulli14's' ' tidid�" 8ii tltll(ilEl41I1 21Ii:711. 1)G' ticr4lceS 1I1clumI Cf1c tt�llCrlt"9(l ': (1► Adttlt P> , (.';ue; (3) t' xlt�pytlt:<�nsili}�: �(1 (2) ('1wrc (4) 10 Pest Scr\IccS, "deals; alld FrallsportatioM (S) Hou,,in,L, lmpro%cmclit: Assistance" 2.2.1.2 1-lealth Maintenance Services Health Maintenance Services are I-01-11ine health Ser'VlCeS that are necessary to help maintain the health of functionally Impaired elders. The services are limited to medical therapeutic SCr%t'CCS, non-medical prevention sere,Ices, personal care services, liorne health aide services, 1101ne nursing services, and emergency Typical services provided are the followin": response systems. .1 C- (I) Adult Day Health Care; (8) Health Support; (2) L'inergency Alert Response, (9) Home Health Aide; (3) Gerontological Counseling,,; (10) Medication Management; (4) *Oental Health Counseling-Screening, (11) Physical Therapy (5) Nutrition Counseling; (12) Skilled Nursing Services; (6) Occupational Therapy; (13) Specialized Medical Equipment, Services (7) Personal Care; and Supplies; arid (14) Speech Therapy. 2.2.1.3 Other Support Services Support Services expand the continuum of care options to assist functionally impaired elders and their caregivers. Support services include the following: (1) Caregiver'['rainiti,,,,,Suppori; (2) Case Aid: (3) Case Management, (4) Intake, (5) Material Aid, and (6) Other. 2.12 Referrals for :Medicaid Waiver Services I lie provider shall identify potential Medicaid eligible CCE clients arid reter these Individuals tar application for Medicaid Waiver services. lI1di%1dLIal', M10 hate hCCII Identitled as beim-, potentially Medicaid Wm�er cligible are required to apply t'Or 'Medicaid Wm%er services m order to recci%e (.'(T services and caii only receive ('('F ser-%Iccs %khile iiie Medicaid Waiver ellgihilit,, determination I,; peiidm1g, If 0-ie client is f'Oui-Id Meht_!ihlc t'Or Medicaid ' "Ii%er 'Cr%1'eCs for "Im Fc'iwii other than t1lilure to pro ide required d()cumciitation- t1mi Ilic individual 'Is heir.0 11t,ik!jjt a111 \lCd!,:Jjd C11111)1e 1111U,t he !JPI,o:(1 of c0lldmoll "t %khl e 2.3 SE:RVICh; TI\IFS AN*D LOCA HON 2.3.1 SerN ice Tinics The Pro%ider shall ensure the pwvision ofthe services listed in Chia eontract "Ire a%l IiLtl)le at tillics ,Ippropriate to meet client sery l':C needs at a niitliinunt, durini-, normal business hoUl'S, Normal btisilless hour; :Ire dCnncd as Monday through Why. S:Itt"Pain tc) 5:�}t)pm. 2.4 VQU1PNIE:NT 2AI Equipmnit ineans: 00 an anick of nonexpendable, tangible personal proper-ty having, a useful like of more than one year ;and an acquisition cost "AW equals or exceeds the lesser of the capitalization le%el established by the organization for the financial statement purposes, or S5.()()0.00 [for federal fund,.,], or (b) taonexperidable. tangible personal property of a nraracclrlsumable nature with an accittisiti011 cast of S1,000.00 or more per unit. and expected useRd life of at least one year, and hardback bound books not circulated to students or the general public, with a value or cost of S250.00 or nacre [for state bands]. 2.4.2 Providers and subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards ill compliance with 2 C_FR Part 21 Administrative RegUirernents (formerly COMB Circular A-110) that include: (a) a property list with all the elements identified in the circular; (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, darnage, or theft of the equipment: and (d) maintenance procedures to keep the equipment in good condition. 'rhe property records must be maintained on file and shall be provided to the Alliance upon request. Any loss, damage, or theft of equipment shall be investigated and fully docurnented and the Provider shall promptly notify the Contract Manager. 2.4.2.1 The, Provider's property management standards for equipment acquired with federal funds and federally awned 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 nUnaber; (3) Source of the equipment, including the award number; (4) Whether title vests in the Provider or the federal goveraunew (S) Acquisition date (or date received, if the equipment was furnished by the federal government) and COW (6) Infonnation from which one can calculate the percentage of federal participation in the cost of the equipmem (root applicable to equipment furnished by the federal govenarnclio: (7) Location and condition of the equipment and the date the information was reported (8) 1-,'nit acquisition cost; and (9) LAtimnte disposition data. including date of disposal and sales price or the Irlethod used to determine current fair market N alue There a Provider compensates the federal awarding, agency for its share. 2.4.3 F'tluipinmt purchased "Ah federal funds with an :.acquisition cost over 550O(UH) and equipment purchased "ph Y ate tlln is "Ah pan iYt'(14rir+ithm coo over S1.1HA tH) that is Spenfic4ally Rbitltled in the nwa plan N p£in of Me cow cif 4::arrving m We adonies and EUrwtions of the grant m%%mrds and title lo%\ners" llpf Chill 1t'st ill tilt: lli-o%i�lcr, to the eolidotions of -' (_FR Pmrt 215 .1d11'linistr u%C Ronj.lircillt'rlts (Pornierly WIB Coculiar \-i ;II). SlalTOn C', f7ariPM' it la}Illpllic m hurciliist:d udder theae is is ni w'New k; prcjpcny ;mnlink F_cluipnlent piireh ned %k ith f.ulds is{t•nnfied in ;Ile ltsdot attae?li wins w t_"rCCniclo" CO\el-ed 1)k this contrlaet. or idc;i stied In tilt %V oh 'uhk:Olorletors Wot Ill<lllded ill a �a'vtit i11t:Chr�dolG�s'v!. is 'Uhlect to the t;tlilthtic'Iila of;"non 271 F. S. bind h(WI lli)I T I'. X C c r l (tie Y 00 2.4.4 I-lie Pro"I,1cl. sha11 11ot dl�pose of�anv eguiprttent or pro%lded I.)y the Alliance or purchased with funds pro%RIed 1,111-OLIL11 this ct'rrttrtict without h �.: the approval of the (.'ontract y1<tn4ltucr. W11cli dlsposint.� of +ro ert', i,r- equi meth the 1 rol lder- must suhmlt 1 Ir�st tl7t�t1n11t 1 �� p 1 1 ' : �eritteu request for clispr>>iticiri instructicrrls to the Contract NI,II er. -1 he request shoclld include a hriet' descrlptioti of the property, purc.Cli:iye price, fundlnO sOcrrcc, perccritti e oi'state or federal participation, acquisituxi date and condition of the propert}'. I he regucst slit:>u1d �t6so indicate the Provider's proposed disposition (e.f. transfer for donation to another ageiicv that tidniinisters teclertil prourtinis, offer the iterlis for sale, destroy the items). 2.4.4.1 The Contract Mana`'er will issue; disposition instructions. If disposition instructions are not received i4 ithin 120 days of the written reeiuest to[- disposition, the Provider is authorized to proceed as directed in 2 C'FR Part \dmiitist rat I ve Requirements (formerly t)1I Circular A-I 10). rAny permanent Storage devices (e.g. hard drives, removable storage media) must be reformatted and tested 2.4.4.2 prier to disposal to ensure no confidential information remains. 2.4.4.3 The Provider must adhere to the Department of Elder Affairs procedures and standards when purchasirnx Information Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference.. Ali FFR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel arid facilities. Tl ie completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the Department upon request. The Provider has the responsibility to require any subcontractors to comply with the Department's FFR procedures. 2.5 REPORTS 2.5.1 The Provider shall respond to additional routine and/or special requests for information and reports required by the Alliance in a timely manner as determined by the Contract Manager, Tile Provider shall establish due dates for any subcontractors that permits the Provider to meet the Alliance's reporting requirements. 2.5.2 Client Information and Registration Tracking System (CIR'Ts) Reports The Provider shall input CCE specific data into C.'IR'rS to ensure C:IRTS data accuracy 2.5.3 Service Costs Reports 'The Provider shall submit to the Alliance annual service cost reports, which reflect actual costs of providing each service by program. "This report provides information for planning and negotiating unit rates. 2.5.4 Surplus/Deficit Report The Provider will submit a consolidated surplus/deficit report in a format provided by the Alliance to the Contract Manac-,er by the 15"" of each month. This report is for all agreements andor contracts between the Provider and the Alliance. 'File report will include the followirig: (1) Current status regardin-, surplus or deficit; (2) The. Provider's detailed plan on how the surplus or deticit spending exceeding a two percent threshold "will be resol%eci; (3) Recommendations to transfer funds to resolve surplus; deticit 5pendinl,x: (4) hlput f'rolll the Pro%ider", Board of Directors can resolution ofsperlding issues. if;applicable; .5 'File provider cm rcalloc�ite tundim-, an-torig ser%ices, �is nceded based can clients' need,. Z. .h Mlle .A1lianee re�cCr es the rt ftt to lIcipust file t, t:i? ;avv;Ird as %%ell :I the contr,.lctcd "Alit rare to rc:t3ect provider "4ytiti li"lcl L[1;8fJiltl �11 1'llr,eti '711std can �ietive a`1!cllt enrollet.l t1t lh 1) ir1 r:1111. 2.5.7 111c: .A11faRl e (llal cvltllhcIld p�i4liiem uiitier tale Ief"ills tit t11rs colltracC. pelldinAr the receipt ;IE1cl ;lpprod 1 by the \11!;111ec t)f 4't)nll�lete �inCl <l ellr�ltt: tlrt<tncr:al :illel prc'��,'r£tittinaCle rc r orts due Irorti the proAldcr ;111C1 sllll' ,1c11tlstnlerlts thereto, lllclUl(iwl_' ally iirs<illt'+w<rnce 6Iot resolved. 2.5.8 1 lie pro%ldcr shall pro%ide the AHM11cc �\Ifil :ill L:\j)el1d0III-C 1)1,111 h% July 1 5 or two \\ck:ks Atcr colltmct lws hCell I nlonthl\' UJNLIle is due 011 111C -'I'E dLIV ot,e�lch t*olk)%�ing Illoiltil. I he C\pendllure pLul and Il11d',ItC', IIIUst I'0110W the t'01,111,11 pro"Ided by the '111 repolld to �urifllls de"'Ic't liquir es "Ind %%*11 pro%idc I-CI)o �11, rCquC,,tCd hv the 5.9 le pl o\icier �,11, A111,111ce . 2.S.1U Surplus Recapture. III �1�:COr-dMlCe With Its SUI-PIUS def-Icit 111'Inagenlent policies, in order to maximize a%alLiNe t'unduig and nilminl/� tlTc time that potential Clients must wait for services. the .-V%A In its sole discretion can reduce tivading a%tiards ('ontractor is not spending according to Illonthl", plans and IS, p1-0jCCtCd to ilICUr a sui-plus at the end of the year. 2.6 ELECTRONIC RECORDS ,kND DOCUMENTATION 'I'lie provider will ensure the collection and maintenance of client arid set-vice information oil a monthly basis from the Client Information and Re-Istration Tracking System (C'IRTS). Maintenance Includes valid exports and backups of all data and systems according to -Ulance and Department standards. 2.6.1 Timely Data Entry The provider Must enter all required data per the Department's CIRTS Policy Guidelines for consumers and services in the CIRTS database. The data must be entered into CIRTS before the provider submits its request for payment and expenditure reports to the Alliance. The Alliance shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the Department. 2.6.2 Data Accuracy The provider will run monthly CIRTS reports and verify client and service data in CIRTS is accurate. This report must be submitted to the Alliance with the monthly request for payment and expenditure report and must be reviewed by the Alliance before the provider's request for payment and expenditure reports can be approved by the Alliance. 6.3 Failure to Nfaintain CIRTS Database Failure to ensure the collection and maintenance of the CIRTS data may result in, the Alliance enacting the "I"nforcement" clause of this agreement (see 2.8.2), including delaying or withholding payment until the problem is corrected. 2.6.4 Computer System Backup and Recovery Each provider, among other requirements, Must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of provider functions must be hacked Lip. The security controls over the back-up resources shall be as stringent as the protection required of the primary re resources. It is conunended that a copy of the backed Lip data be stored in a secure, offsite location. The provider shall maintain written policies and procedures for computer backup and recovery. These policies and procedures shall be made available to the Alliance upon request. 1.7.1 Outcomes (1) The Provider "hall timely submit to die Alliance all reports described in ATT,+ CIFNIENT 1, SECTION 2.5 R E P 0 RTS.- (2) Fie I)ro%i(ler siwll tinlck, to 1he Alliance gall lllt*ormamon icscribed In .kffACIVNIENJ 1, SECTION 2.6 RECORDS AND DOCUNIENT.VI'ION: 0) f lic Pro%l,1vr L:IISLIrC CI\tewa M Ch1s Collli-;lc! Iiry in Ill! the: �U!Te111 D( d[ld ``crl,lCc lLtlltlllook, .7. 1 he of the I)I-o%1&1- in rro% !lie services in tills ,:urrcnt :Area I)Lm f'Or the 1'011km mu, criteria: (I) Percent "t, Illo,st frail �21dcr, t Ili) relnl llil It hollle fir ill the collllllunity II1,tCad ol* :'C>11.I,, into ;l rulrsill".` Ilkmic: ('_) Percent of .`BPS ret'erral, Veho are Iit need of immechate scr%iccs to prc%ell t further har-Ill ho are servckl �rithitl -, hours: ( ) ei(t;'t Ent�rltlll�' yallilL!S pee' et7tijllIllei" tC1I hl�Illc aincl cUEntnlllllt 17rtticd C�Ire A er�,us llur`1 II- hoillc i2n!-' fOr cc�Inparrlkale coup Bents: (4) Percent ot, elders .l�,essed with 11it71a or moderatc risk environments who itnprl.wed their envirorlmerlt se0re: (5) Percent of new service recipients % ith high-risk tlutrition scores nutritional status Improved: (6) Percent of new service recipients Miose ADC. assessment score has been maintained or improved: (7) Percent of ne%v service recipients whose IADL assessment score has been maintained or improved; (8) percent of farnily and family-assisted carcgi�ers who self-report they are likely to provide care: (9) Percent of caregivers whose ability to prop ide care is maintained or improved after one year of service intervention (as determined by the caregiver and the assessor); (10) Average time in the CCE Program for Medicaid Waiver probable customers; and (11) Percent of customers who are at inumnent risk of` nursing home placement who are served with community based services. 2.8. Compliance and Enforcement 2.8.1 The provider shall comply with all the terns and conditions set-forth in this contract, the CCE RFP pursuant to which this contract was awarded, the Service provider Application and the 2012 Department of Elder Affairs Programs and Services I Iandbook. 'Che provider is also responsible to respond to any fiscal or programmatic inoiaitoring iteinslissues within the timeframe stipulated by the Alliance. Monitoring Items/Issues may include Corrective Actions, Reportable Conditions or Quality Improvement Recommendations provided by the Alliance. The provider is also responsible to provide timely response to any inquiry related to program expenditures including, but not Limited to, addressing program surplus or deficit and corresponding program spend-out plan. Failure to meet any of the contractual requirements or compliance items mentioned above, will result in the imposition of sanctions ands or other enforcement actions by the Alliance. 2.8.2 Enforcement: The Alliance may take intermediate measures wainst the provider, including: corrective action. unannounced special monitoring, temporary assumption of the operation of one or more programs, placement of the provider probationary status, imposing a moratorium on provider action, imposing financial penalties for nonpert'orina tic e, or other appropriate action if the Alliance finds that: • an intentional or negliuent act of the provider has materially affected the health, welfare, or safety of clients served pursuant to this contract, or substantially and negatively affected the operation of services covered under this contract. • the provider lacks financial stability sufficient to meet contractual obli_rations or that contractual t`rinds have been misappropriated. • the provider has committed multiple or repeated %iolations of le�ual and reuul:atory starufards, re�_,ardlcss of the entiarcement OfI',LIch laws or ref:ulations. • the provider htcL, fatted to continue the prkl%lsiorl Or cxpan,ton of serwlces after the deciiiration of a to of eincr«encv. • !hc plo7 lklcr h.Ls t;llletl to <1clhcre to 11:e 'k:rllls t5i Cllls COWI-olct, ♦ 1!1e pro\1,;Cr tO 'he ltiilll4'll��(1 tit the Allj<lnk c t17at a Or67S'r;11'll tllEd"Ct >ltrI)IIIS cll'ticlt t)FO CIII P, lelitI-1 AkfdI_CS',ed la of-(lcr 10 Old ';t? In1_' Otit the ct?iltt;lct tit'it 'wfiIh tia hudLcl Carl�lilcc of Enure th"lti i%k k) percelat. {u nlakin�� nllc dcter111ituitit�n under this prov tsion the A111, ncc mav rcly upon the Eindings ot'rinother state or i"edcr'il a'-'encv. or ether rt:!ulatory hod). " FCTIONI III. NIET1101) OF PAYMENT 3.1 General Statement of :Method of Payment 1'hc method of'pay lncllt in this colltrlict is baScd 011 a MCd unit rate f'or approved services. The prod ider must ensure fixed uclit rates include only those oasts which Lire in accordance with all applicable state; and federal stattltC S 11111 rC'!L11at10t1S find Eire based on audited historical costs In Instances where in Independent audit is required. All reLILICSts for payment and expenditure reports submitted to support requests for payment shall be on Department forms 106C and 105C, included as ATTACHMENTS fX and X. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the sanae format as included on department forms. 3,1.1 Provider invoices shall be Submitted, no later than 60 days after the end of the month on which the expense was incurred, except that invoices cannot be submitted beyond the date for final invoicing, as stated in this contract. hivoices submitted Late will not paid. Exceptions to this rule are at the discretion of the Alliance, on a case by case basis, such exceptions must be requested prior to the expiration of the invoicing deadline. In making a determination of the exception the Alliance will consider whether the disruption to the billing cycle was beyond the control of the provider, the frequency with which such exceptions are requested by the provider, and whether the :Alliance can request reimbursement at a late date from DOER. Exceptions for invoicing late after the closeout date will not be made. 3.2 Advance Payments Non-profit providers may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be subntted with the signed contract, approved by the Alliance, and maintained in the contract manager's File. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is SAT r,kcHIMEINT VII1 to this contract. Reconciliation and recouping of advances made under this contract are to be completed by October. All advance payments are subject to the availability of funds. 3.3 Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance within thirty(30) days of the end of the first quarter of the contract period. 3.4 Final Request for Payment: 3.4.1 Hie provider trust Submit the tinal request for payment to the Alliance no later than July 15. 2014, if the provider fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. 3.4.2 If the contract is terminated prior to the contract end date ofJune 30, 2014, then the provider must Submit the final request for payment to the Alliance no more than 4 i days after the contract is terminated, but no later than July 13. 2014. If the provider fails to (to so, all right to payment is forfeited, and the Alliance ',01 not honor any requests submitted after the aforesaid time period. 3.5 Documentation for Payment Pie Contractor vt ill mmntmn tlocuniewt ition tt:1 SUill�xlrt payn1e11t reCluc is tlla t "hall he aa%ailahle to the I)CP} 11111ICIlt t>r a,u11101-ized indl�Mural,. SLIc1a d, 1)ePA11111Cnt t7f['inl.ulctail Services, ullon reeltl�lSt. 1 11C ( t1114C81etor 11;L.`.t 1"t'tlLilrc' ,t) t.'I1ft(" ails reclulrC"t ci:ltll 1h.:1' C ',c c'1):1rt111c"11t S (. Z FS l,' lei' (iuldchllleti t0l. c'ht.'nts (I!Iti >c'rt Iccs In tllc ( I I-S cl<'atlli)'Isc I`hC 'Llt'l nm1 't )C Clltcl'C(i 111to the CIR I'S ")Cfe''r ' the [111COP1Cl'3Ctt�rS 51tI 111it their rtltlue't for <Intl t`xpCI1ditLll'e reports to the Contr;ictor. 111e (. onlr:lc:tor Shill t' tall��R>h trnle ten HC',, to aasr;Llre C0111OIM11Ce ttlth dUe dates I'01" tote I'CtlueatS ttlr [1,1%MC11t atnd t',A(;)t2Ii(1I1Llre I'CI)MIS 'K� the Dt'I7artailc"nC, 3.5.2 1lie Contracwr must rcqurre sul,co lit ractors to rtrrt MOWN% I'S repor-ts <tnd %critw c1tcnt �utd sere ice data in the (:'IRTS is accurate. Phis report must he suhillitted to the Contractor with the rtaorrthly rcqucst fol- payment arrd cxpenditure report and must be reviewed 11% the C`011tractOr before the subcOntractor"s regrrest fc>r p�rynrcnt and e�17c nditure rcpr>rt Crn lie approved icy the Contractor. 3.6 Level of Effort, Co-pay and (.-ost Sharing 3.6.1 Matchin-, Leyel of Effort, and Earmarking Requirement Pie provider will as,,;ure a match requirement of at least 10 percent of the co"t f)r all CCT ser%ices. The match %�ill be made in the form of cash and or in-kind resources. At the end of tyre- contract period. all CCE: funds expended Must be properly matched. State funds cannot be used to match another state-funded program. 3.6.2 Cost Sharing and Co-payments The provider in conjunction with the Alliance shall establish all annual co-payment goal (arTlount to be collected from clients). Using the rnethod prescribed in the 2012 Department of Elder Affairs Prograrn and Services Handbook, the provider shall project the annual co-payments to he collected from each active client in all income ranges prior to the start of each fiscal year. The provider is required to meet at least 90 percent of the goal. Co-payments collected in the CCE program can be used as part of the local match. The Alliance For Aging Inc. will hold back 5`% of the provider's contract amount. The amount held back shall be released to the provider after 501 of the adjusted annual goal is collected, but no later than February 15th of the fiscal year, Hold back amounts not earned by providers as of February I5th will be reallocated to other providers meeting or exceeding 5091% of their annual goal, except when no provider agency is meeting or exceeding its annual goal, or when an agency that is meeting or exceeding such goal affirms that it lacks the capacity to receive additional funds. 3.6.3 This contract is for services provided beginning July 1, 2013 through June 30, 2014. 1 lowever, the parties recognize that they will need to perform continued activities relating to reporting, invoicing and payment in July of 2014 to facilitate payment for services rendered by the provider under this contract through and including the contract expiration date of July 15, 2014. Services provided after June 30, 2014 will not be reimbursed under this contract. SECTION IV Invoicing and Additional Reporting Requirements 4.1 1f the Alliance has sanctioned the provider, while the sanctions are in effect, at the request of the Alliance, the provider shall provide, oil a monthly basis, the provider's financial statements that reflect the current, un- audited revenues and the provider's cash position as well as any other financial and/or programmatic documentation that may be requested by the Alliance. 4.2 If the provider is required to prepare a C.>rrective action plan or respond to a Fiscal and/or Programmatic Monitoring finding, supporting documentation as requested by the Alliance shall be provided within the time frame stipulated by the Alliance. �."u.^`` ^`"""~' '`` CERTIFICATION REGARDING LOBBYING CONTRACTS. GRANTS, LUANNSAIN"D ( � AGREEMENTS ' Theuodcmiuocd \u the he�,tu[hisor her kuo«|cdge and hc|ic[ that: (|) No federal appropriated h/nds have been paid or »iU be puid, hv or on behalf of the undersigned. hnon% person for inducouinOoruttcmphnLyk) inMucncc all officer orcmp|o}ccnFuny state or federal agency. ummnbcro[congoss. an officer or cmp}o}ce of cnnorcos, all cmp|o>ce of member ofcononax, or on officer or emp|o)ce of the state |c�_is|utnr. in connection with the axurdiny ofany federal grant. the mukinly, of any federal loan. dle entering into of any cooperative agreement, arid the cxteusion, conhnuation_ nrnewui omendmcnt, or modification ofun} federal contract. grant, |oun` orcoopengivc uoreement. (Z) |fany fund* other than hx�cru| appropriated funds havu 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 cmp|o}ee of cougreys' or ail cmp|wyue of memberu[uongrcsm in connection with this federal contract, grunt. /nan, or cooperative uorucmcnt, the ondersigned shall complete arid submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigncd abu|| require that the languaAeuf this certification he included in the award documents for all sub- uv/aoJso1all tiers (including subcontracts sub-grants, arid contracts under grants, loans arid cooperative aoreemento) arid that all subcontractors shall certify arid disclose accordingly. This certification iyamaterial representation u[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 ihix transaction imposed _ by section |352, Title 3\, O.B. Code. Any person who falls to file the required certification shall be SUbJect to a civil � ! penalty of not less than $|0,V00ou � dnotmor� |h�n �|00,0UOreachsurhfai|ureROMAN GASTES1 KC 1471 Namcof&u/horized \ndividua| Application or Agreement Number Name arid Address ot'Or�3anizatloll �S 1.k It I L L I t,t L`+UI 111.1k I I%.k I t r I WFACIBIENT III FI N,k VA;k 1, -k N'D C01 I PL 1.\N CE :AUDIT Clae adiniiii,trat ion of Nsmr"s awarded by the Alliance Ar Aging. Inc. to the pro%ider may be suhjcct to audits and or Ionitorin,�_, 1�y tile Alhm,�e or the Florkla Deparnnow of FkVr AffaIrs, as descrihoxi in &is section. MONITORING In addition to reviews of audits conducted in accordance with UN I B Circular A-131 as revised, and Sect On 213.H. FS_ (sce -ALANTS- below), imadwring procedures may inckde, but nit he linked to, on-site visits by the Department Of' mail linked scope audits as dethwd by (AIB Circular A-133, as revised, andor other procedures. By entering into this agreement, It: provider agrees to comply and cooperate with any monitoring Imocedumsjrocesses deemed appropriate by the Alliance or the Department of Elder Afthirs, In the event the Alliance for Aging. Inc. determines that a limited scope audit of the provider is appropriate, the linwider agrees to comply with any additional instructions provided by the Alliance for \gin,,,,, Inc. to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deerned necessary by the Chief Financial Officer ((7170) or .-Viditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the provider is a State or local goveniment or a non-profit organization as defined in OMB Circular A-1 33, as revised. In the event that the provider expends S500,000 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 and the \Iliance by this agreement. In determining the federal awards expended in its fiscal year, the provider shall consider all source") of federal awards, including federal resources received frorn the Alliance or the Department of Elder Affairs. 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-1 33, as revised. If the provider expends less than S500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-1 33, as revised, is not required. In the event that the provider expends less than S500,000 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 rion-federal resources (i�, 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 twgrimmion for the orgaruzation4 fiscal Ivar. ConIphrawe Findings related to agreements with the AMance for Aging. Inc. shall be based on the agreeineWs requirements. including any rule, regulaiJons, or statutes referenced in the agreement. Fhe Financial statements shall di,,close wlicther or not the matching requirement %vas nict For each applicable a,recrncnt. All questioned costs and KJoinics due to the Alliance for \i_'u)L', [lie, shall be Fully discbsed in the audit report %vah reference to the Alhance Wr Agin? Inc, agreement in%oh,ed. IF its otherwise disclosed as rajdwd by Section 3 DA h4V K(KIB CiwWar Ad 31 a.,; the chedult: of cxpemitures of Fcdcral awards tihall AsHi6' expenLillurcs by igreement nuinher Wr cach jureann" "Th the Allizin,,:c for V�in`,T, 11%ic. III c1t-cct durn,,�,, the lu(W period. Fimuicyl rcqwnn2 packans requirmi under within the c!:Irher 1 f 3aa deal, aka r"cWt of the audit r(:pon or 16 mo!,,,tha �iltcr the cnd LIt the idk:t." 1i,":aj P,XIWY 11: ST,VFF, F I J N 1)1:D T II Is r Z I I-t p I I C,11)1 e I i,I i I e pro\I der is ,'l ilol)st;It e enmity I,, (le I-I -,C(l jjti SCCt I i.)I I I I,�'Q7(1), Fl rich St ItLjtC,, 1 1 500,000 1 In the c�ClIt that the pre %Ider expend:; a total M11OL111t Of State f 11,11IC-11 a,,,SI.StaI!CC CLILIal to or HI CXCeSs Of S- In nnv Car 1 '1'01' CLIrs elidillu Septcnibcr 30. 200-4 or thcrealter), the pro�idcr ii,.,ust have a State ot "Llch pro\ specific audit t,)I- such fiscal dear it) accord"I lice %% k1l SeCtjc)jj 1 5,1)7. Horida Statutes.- applicable rules ot' the Dcpartliient of Financial Services; aild Chapters 10,550 (10cal go%er-lin"ell"I"I entitles) or 10.050 (Ilotiprot-It '11'd for- B 0 this agreement Indicates state financial assistance on-','Itli/atiolls), Rules of Oie Auditor General. FXIII IT I t ,IWa,rdcd tlirol.[Ull tile Affian ce t'01 A20M.'. [Ile. by this -reeinent. III determining, the state financial assistance expended inIts fiscal gear, the provider shall consider all SOLII-CCs OC Slate tIllallCial assistance. including State linaricial assistance received front the Alliance 1,01-Aging, Inc., other state agencies, and other nonstate entities. State financial assistance does not Include t'cdcral direct or pass-through awards and resources received by -a nonstate entity for federal prograin InatchIM-1 requirements. In e0luICCtI011 with the audit I'CqUircirients 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 financial reporting :r 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 5500,000 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 riot required. In the event that the provider expends less than S500,000 in state financial assistance in its fiscal year and elects to have all audit conducted in accordance with the provisions of Section 2 15.97, Florida Statutes, the cost of the audit must be paid froth 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 Alliance for Aging, tile. 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 net for each applicable agreement. All questioned costs arid liabilities due to the I Alliance for Aging, Inc. shall be fully disclosed in the audit report with reference to the Alliance for Aging, Inc. agreement involved. It' 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 Alliance for Aging, Inc. in effect during I _, 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 tile audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Alliance and the Department of Elder Affairs retain all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. lli\RT III: REPowr SUBMISSION Copies Of reporting packages t'()r audits conducted III accordance with ONIB Circular A-133, as re%ised, and required by PART I of this aI-,reement shall be Submitted. when required by Section .320 (d). 0%IB Circular A-133, as revised. by or 011 behalf ofthe provider directly to each ot'the f011owint-T: I-he Alliance for 111c. at each ot'the t'01km iiiL, addresses'. Alliance for .A( in(-,, Inc Attn: Fiscal Nlana,,,er 761) NA\ 107'11 .Ave. Suite 214 N I iarni, FL. 33 1'7-'-3 15; I he 1:cdcl-:Il :Audit III )NIB CII-CIlLir \-I revised (the IM11111Cr- Or �:oples rctIL111'ed h% V k. IILI'ill , ^ Sec Ays 12H WH f) and (2Y ()NIB Circular A-133. its revised, should he suhnnac:d to the f ederal Audit (_`lcann hR ch at t1o' inn � d&'e"s: Federal Audit Clearin<glumse Bureau of the Census 1201 East I()In Street JeffersonN ille, IN' 47132 Other federal agencies and pass-through emkies in accordance "Oh Sections .3`0 (e) and (t), ()NIB (.'ireul'ar A-133, as revised. Pursuant to Sections .3?0(f). ONIB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in. Section .320(c), ONIB Circular A-133, as revised, and any management letter issued by the auditor, to the 1,11 nce for Aging. Inc. at each of the following addresses: Alliance for aging, Inc Attn: Fiscal Manager 760 NNI*' 1071' Ave. ;quite 214 Miami, FL.33172-31550 Additionally, copies of tinancial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the provider directly to each of the fallowing: ,The Alliance for Aging, Inc. at each of the following addresses: Alliance for Aging, Inc Attn: Fiscal Nlanager 760 NW 107's Ave. Suite 214 tNliami, FL.33172-3155 'File Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 NVest Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Alliance for Aging, file. pursuant to this agreernent shall be submitted timely in accordance with ONIB Circular A-133, Florida Statutes, and Chapters 10.550 (local gavernmental entities) or 10.650 (nonprofit and for-prot-it organizations), Rules of the At.rditor General, as applicable. Providers, when submitting financial reporting packages to the Alliance for Aging, Inc. for audits done in accordance will ONIB Circular A-133 or Chapters UL550 (kraal gownirnental entities) or 14650 (nonprofit andl delivered titth�ganizat ons), Rules of the \udhor General. Should indicate the: date that the reporting Fr provider in corre pondence accc)mpanyin<, the reporting package. 1),-XRT IV: RECORD RETENTION t h,..' powder Qidl rcitun w1kcicra words danonyr�!rvig o, Ct�in¢]1imw "oh die wrnis I f 1h I?E its i ni nt Or t pkwiod tit i_ this iu�G"�`� ;I ti 4 'Ir, i4' I r�ee, the (-'I O i.'r �il�tll tlict rl ,tc tiie' Ir!,llt r»�pot`t !� Iz,�til.led, wlt,lt � 1(l C t�ttd the \.liatncc tor \_ni_., l r (jcr ral 'I��1.ltitilo 'U���Iltl'cttYd" �I11('on %::JLIeStC I he l.)e1�tr�ttnlClduffl k:n" IIc t hat �iudil %kojk1t1', paperw a('t f�l:�lle sic,&Ci l �.,til H": to die \d!a! "g, ,, (''O. o :A"t�htor 6k: cr,rl upon 4 pue,t 101- it pert��ll ��f 'ik cars 11"7ttt the date the audit t-Cj101t is 11;Lied. aides cmcnded in "rmng by dw .A hike 6: ; l k (H It I iIl,t U I I W'-,I I I-t ' I "k,I'T,TA(."II NI EN,I I I I EXHIBIT - 1 f"t Di R \L Rf S()t M I,Is \%%-\R DE D TO ME St 13RFONEA T-P t, R4(- \\I' M IBIS V RHAIF\I C()\,IS T Of F I IF f(JLL(YA 1',G PROGRAMTITLE FU ND I-N G S 0 UR RC CFDA AMOUNT ..................... ......................- ............ TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO T[IE FEDERAL RESOURCES AWARDED PURSUANT TO TIJIS AGREEMENT ARE AS FOLLOWS: 2, STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO T111S AGREEMENT CONSIST OF THE FOLLOWING: INIA,rcl-IING RESOURCES FOR FEDERAL PROGRAIMS PROGRAM TITLE FUNDING SOURCE CF [.,t,o,rAL STATE AWARD S0 STATE FINkNom, kssisTANCE SUBJECT 'ro See. 215.97, F.S. i- PRo (;R.,kNI 'Fi,rLE FUNDING SOURCE j CSFA AMOUNT (ommunitv Care for the I..'-.I(Ierlv Pro(uam ("felleral Revenue 6-5010 3 0 2.523 1'OTA L A\V.A R D REQUIREMENTS APPLICABLE F0 STATE RESOURCES ANVARDEI) PuR.su-.vvl- '[O I'llis AGIZ F F,N1 EN'T .ARE .AS F()1,1,0\\S: VI"1',\CI IN I ENT III FX111BI 1'-2 P,\RI* 1: .\L'DI'I' REI,.\'I'IONSIIIP DE I'ERNIIN \HON 1'ro%ldlcrs "010 rccclyc 't'lte or tedk:ral resources may Or not lie sUhJeCt to the 'Mdit reLJLIMMICTItS 0f (_AlB Circular A- I.", re%i,,:d, ind or Section 1S Q7- Fla. SUIL Providers ho are detennined to he recipients or uhrecipiLrit,,of federal awards and or '�Mte '0 a financialffl subject he ubicct to the audit requirements it' the audit fl,,reshold requirements act t rh in Part I :md or Part 11 ot Fxjjjhit I are niet. Pro%iders %%ho ha%e been determilied to be vendors are not subject to the audit requirements Of()M B Circular A- 133, as rc\i,ed, and or Section "15 97� J la. Stat. Regardless of �,%Iiether the audit requircinems are niet, pro,.lders who ha%e been dttennilled to be recipients or tiubrecipients of federal a` ards and or state financial assistance, illust Comply Mill applicable prograinniatic and fiscal compliance requirements. In accordance with See, 210 ot'O.N113 Circular A-133 and or Rule 691-5,006, FAC, proe ider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and or Section 215.07. F.S. X— Recipient �,Ubrecipient subject to OMB Circular A-133 andor Section 2 15,97, F.S. NOTE: lfa provider is determined to be a recipient Isubrecipient of federal and or state financial assistance and has been approved by the Department to subcontract, they must comply with Section 2 15.97(7), F.S., and Rule 691-.006(2), F.,.0 [state financial assistance] and Section .400 OMB Circular A-133 [federal awards], PART II: FISCAL COMPLLS.NCE REQUIREMENTS FEDERAL AWARDS OR sT...kT E NI2*,,TCIIING FUNDS ON FEDERAL AWARDS. Providers who receive federal awards or state matching funds on federal awards and who are determined to be a Slibrecipient, must comply with the following fiscal laws, rules and regulations: sTA'rES, LOCAL, GOVERNMENTS AND INDIAN TRIBES ,','*IUS'F FOLLOW: 2 CFR Part 225 Cost Principles for State. Local and Indian Tribal Governments (Formerly OMB Circular A-87)* ONIB Circular A-102 Administrative Requirements ONI B Circular A-133 Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS M UST 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-I 10­Administrative Requirements) Requirements) OMB Circular A-13 3 -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) mt;s'r FOLLOW: CFR Part 220 Cost Principles for Educational Institutions Wv1B (Formerly Circular A-21 Cost Principles)* CFR Part 215 Administrative Requirements(Formerly OMB Circular A-1 10 - Administrative Requirements) 0\113 Circular A-1 33 ­ Audit Requirement,,; Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations "5oire federal progranis ma.v be exLmlpted froin Compliance with the Cost Principles (,'irculars as noted in the OMB Circular \-I "3 (olin'llance Supplement. Appendix 1, SI'ATE FINANCIAL \SSISTANCE. llro\iderw ',0io r"k:i%e uve issistance ind Mio ire d,:tcrnmied to he i '�cc!loll Ll' ­'Itc 1)roleCI' (Wi& I�Or F\pcndituics et 10rd1 on Pf'OLT"lln Lmw. rule, lwd r-e"�gtb ;loons in t ract tiLullhCi K(' 1.4'7 1 A TTA(-I I Ni E N F I\ (TRTIFICATIO\ RVG� RDING DATA INTEGRITY COMPLIANCE FOR AGREENTENYS, GR \N'Ps, LO,vNS AND COOPERATIVE \GREFN1FN­PS Hie 1111del-sieved. an authorized representative of'the Contractor 11,111led III the contract or a�urevlllellt to «hick this f'0111) 1� an attachment. hereby certifies that: I ) The Contractor and an% subcontractors of services under this contract ract have financial man a gen i cut 's\sterns Capable of Pro\ iding, certain information. including: ( I ) accurate, Current. and Complete dISCIOsUre of the t111311CIal i'CsLIHS Ot'CaCll grant-funded project or program in accordance with the prescribed reporting requirements*. the Source and application of funds for all agreement supported activities, and (3) the comparison of'outlays ��Ith hLiclueted amounts for each award. The inability to process information in accordance with these requirements could result in a return Of orant funds that have not been accounted for properly, (2) Nlanagernent Information Systems used by the Conti-actor, SUbcontractor(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 he 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 ofdata 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) 'rhe Conti-actor and any subcontractor(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance 'Issues. z:1 The Contractor shall require that the language of this certification be included in all subagreernents. SUbgrants. and other agreements and that all subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance �4as placed when this transaction vas made ()I- entered into Submission of this certification Is a prerequisite for making or enterlilu into this transaction 1111posed h\ ONIB CiLCUIars 1-]02 and 2 CFR Part 213 (t'Ornierl\ 0%IB Circular A-I 14 Monroe Gotlrlt� BOCC social ser\ices 1 100 Islillontoll Street, Stlite Key Wc t, FI, 3"040 \,title and AjdTtts-, ot"Colltractol, Cutillt% \(fill III 1 tattoo- 4, '7 ATTACI IM ENT V CERTIFICATION REGARDING DEBARNIENT, SUSPENSION. INELIGIBILITY AND ' VOLUNTARY EXCLUSION FOR LOWER TIER COVERED T NSACTIONSRA The prospective contractor certitles, by signitil-, this certitication, neither it nor Its principals i,,., presently debarred, suspended, proposed for debarment, declared Ineligible. or %011,lntarll} excluded front participation in this transaction by all% federal department or agency. Where the prospective contractor is Unable to certify to any of the statements in this certification, Such prospectl �ic ant shall attach an explanation to this certification. Signature Date _-Rornan GasteSi-County Administrator Monroe County BOCC/Social Services Title Agency/Organization (Certification signature Should be same as Contract signature.) Z" Instructions for Certification' 1. "file terms "covered transaction," "debarred," "suspended," "ineligible." "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set Out in the sections of rules Implementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 21 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 pat-ties 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 circurnstances. 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. I"he Contractor will include a "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion - Lower -Fier Covered "transaction"' in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. 5. J fie Contractor agrees that it Shall not knowingly enter into any lower tier covered transaction w Ith a person who is debarred. suspended. determined Ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal oovcrninent. 6. it" the Contractor kno\kInok enters into a lower tier covered transaction �t,lth a person \010 IS 'Suspended. debarred, lneliuihle. or voluntarily excluded from participation In this transaction. in addition to other remedies a%al'Jahle to the federal the I)CIM1111lent IIMv pursue a\allahle reniedles. HICILIdil -1 h Stl'Spcll"1011. ai7dior-debarment. I he Contractor ma% rely upon a Cer­IIj'1cjtIk,7jj ot'a pro pecti�e participant III a lm er tier co , ered tI%Iw'LICtIt)Ii Him I t Is not debarred, Su"pcii&d. ineligible. Or WILIlltdrik excluded h-0111 the COwel'Cd Ir,111"aC1101L 11111CIS It that the cerfillcmion is erroneous. 1,. k I I I L I,I L I ,N LII I I1.1 I-i I I k ATTACHMENT V1 kSS UR,VN(."ES—NON-CON'STRU(I-FIO' PROC;RANIS IIHIC rcrornn,-, 1-urdell for thr, 1,1i1�t:t1011 of 1TIt'0=,IlWTI o, e>tilllatcd to 41� illlllutc, 1%r 111,11,411111-1 time lore N!%le\% iilstl'il,� 'ellrCh In,-, data 'our-C<:s. and the data needed and :onipleting find re%ie%%mu the collc tlon of Send comn,,ents re,-,ardin- tile bl.lrderi eStinlatc or any other aspect of till, Alcctlun of I!Iforniatioll,-den, �0 tile Offit:c Of Manauentent and Budi-,et. Paperwork ReciLl tiOn PrOl 111cludirl'-, Suu�,et oil.; tOr 1,CdUcill'-, this bUr ect DC -1003, PLEASE DO NOT RLFL il�N—Y( R CONIPLETFI) FOR NI TO 'riw OFFICE OF NIANAGENIENT AND BUDGET, SEND IT TO THE \DDRESS PROVIDED BY THE SPONSORIN(;AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awardinf, 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 le-al 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. 1 %Vill 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, .1 , -1 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 ,am. 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 OPNI'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 (PJ- 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. 168 1-1683, and 1685-1686), which prohibits discrimination on the basis of sex: (c) Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps. ('d) the Age Discrimination Act of 1975. as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act of 1972 (P.L, 92-255), as amended. relating to nondiscrimination on the basis of drug abuse. (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, 'Treatment and Rehabilitation Act of 1970 (P,L 9 1-6 16), as amended, relating to nondiscrimination on the basis Of alcohol abuse or alcoholism: 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: (It) 'Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et Seq.), as amended. relaItiru-, to nondiscrimination in the sale. rental or financing Of housing: (i) any other nondisc rimi nat ion pro,,isions in the Specific sratutOS) under which application for federal assistance is being made: and (J) the requirements ofany other nondiscrimination statutc(s) %' hich may apply to the application, 7. Will comply. or has already coniphed. %,tith the requirements of Titles 11 and III of the uniform Relocation \ssistance and Real Properly \equinioll Policies Act 1:4* 19-() (P1. 01-64t)) which pro%ride for t'llir and equitable treatment of persons displaced or hose property IS JCLJUlred as a result of tederal or federally a.,,,isted prograins. I hese requirements apply to all interests in real property acquired 1'or proiect purposes re,-,ardle.ss of federal participation in purchases. S \VIll Woillr!%. 'l, 'Irplic,lble, ',%Itil the prowistoras of tile Hatch V:I (3 U S,t* 1�01-1`08 field -11-24--,12,S), %wJjjch ll;illt the "t "those prlllclpal e:lllplo%lllctlt arc luilded in Mlole or!ll part yeltll tederal funds. lil A, ',!Ih nhc 41i"01.1,1011, "I lhe \t't 4o C. o,j !kl the 4� 'Ind 1:ti I 'S 8-41 sand 'he Contr lCt %tork Hour, and "'Itt2tt, 4Cailtlards \,t 1-:0 t S A(10r 'I'lliki'lld, t"ll, ftl,dk,r,lil\ uhJ1-1l'Ct2IlIt,'lltS, ill ct'lilpk, it di tio"d Il1Llf',Il1t,'e 01 `7Ccl1011 I(I l) of the I lood it'll rat 10 \_111 111�iLt v4JAi1�.�- •-�- 1073 Much requires recipients in a special flood hazard area to participate ill the program and to purcliase I'lood insurance if the total k:ost of insimil)le construction and Acquisition is S 10,O00 or more, I1. % ill coonply �%ith environmental standards %0iich ina� he 1)rescribed pursuant to the f0llk,Minl_': (a) in titutir)n Of ensil'Orriijent3l quality Control measures under the National f=.neironment;-1 Police Act of 1969 (111. 91-1O(i) and FWL:uti4C t)r&r (1.0) (()) iotYt-cati()n r7t facilitics 1pursuant to FO I I I)8: (C) protection of %% etlands pursuaant to 1-,O 1 1090: (d) Cv alilatioll of flood hazard; in tloodplains inaccordance %0h FO 1 1988: (e) assurance of project consistency �4ith the :tppro%ed `5t, tet IlMn r�enient pry:>.(rain developed under the Coastal Lone �laratagetnent Act of 1972 (16 U.S.C. 1-131 et Seq.); (f) conforrnit% of federal actions to `.Mate ((Tear Air) Implementation Plans under Section 176(c) of the (:fear Air Act of l9`5. as amended (42 U.S C. ?4OI et seq.): (o) protection of underoround sources of drinking-, %eater under the Safe Drinking �k ater Act of 1974, ors amended. (P.I_ 93 5'3): and (h) protection of endangered species under the Endangered Species Act of 197,, 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 cc)r7rponents ofthe national wild and scenic rivers systern. 13. Will assist the a%karding agencv in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 1J.S.C: 470), EO 11593 (identification and protection of historic properties'), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments,and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. SIGNAFt RE OF AUTHORIZED CFRTIFYING OFFICIAL TITLE COUNTY ADMINISTRATOR ROMAN GASTEY APPLICAN"EOR(iANI/A"l1(_)N DAIESC."F NAI FIT D 110N'R0Ef:i)t:iv'I BOARD OF('01-NIYCf MMISSIONFiRS f Vl"1' k Cl I N I E NT VI I COMMUNITY CARE FOR THE ELDERLY PROGRAM 131A)GET SL:.\VNIARN` The sliall niike jm�ment to the pro%idcr for pro\ision ol ,,er',ices up to I Imixil,1111111 llumbcr ofullits of Cr\k:C '1!1d cit the 1.ate(5) sttaed belo%� Service Maximum Units Maximum Service to be Provided Unit Rate of Service Dollars Case Aide $21.98 200 $4,396 Case Management ,50.48 i 1,030 $51,991 �.41 85 $2,500 Chore (Enhanced) $32.19 65 $2,092 7C 6irnpanionship T 15.33 765 1 $11,726�- i i '�;—emake�--­ $22.06 4,101 $90,468 Homemaker I I i L Horne Improvement $50.00 10 $500 Personal Care $28.67 3,614 $103,618 Facility Respite $10.00 1,638 $16,380 —------------ In Home Respite $23.08 650 $15,002 Specialized Medical Equipment $17.00 50 $850 Transportation $40.00 75 $3,000 TOTAL FUNDS AND UNITS IN THIS CONTRACT k,_ ()I It I,[C L L I I I I i)'-I I"\, I i ATTA(AF A NIENT 'III COMMUNITY CARE FOR THE ELDERLY INVOICE REPORT SCHEDULE Report Number Based On Submit to State on this Date I July Advance* July 1 2 August Advance* July 1 Z7 July Expenditure Report Au-ust 25 4 August Expenditure Report September 25 5 September Expenditure Report October 25 6 October Expenditure Report November 25 7 November Expenditure Report December 25 8 December Expenditure Report January 25 9 January Expenditure Report February 25 10 February Expenditure Report 1v1arch 25 11 March Expenditure Report April 25 12 April Expenditure Report May 25 13 May Expenditure Report June 25 14 June Expenditure Report July 25 15 Final Expenditure August 15 16 Closeout Report August 31 Legend: Advance based on projected cash need. (A.4 tj -7 'o A FTACIVNIEN-V 1\ REQUEST FOR PAYMENT COMMUNITY CARE FOR THE ELDERLY Fi- - S - --------- Report 9 P S A 4 CERT"FiCATiON 1 hereby Cer',,fY in the test of my knovledqe iflat!hls gi,eSt or refund cG"fcrirs ,th the terms and tre p,,rpases of the ibc,e csntmcl Prepared by alte Approved cy Cate PART A BuCGET SUMVARY CCE Adm,n CCE Services TOTAL I Approved Contract Amount 2,P(ev,oi-lti Funds Received for Contract Period 3 Contract Balance 4 Previous Funds Requested and Not Received for Contract Period 5 CONTRACT BALANCE PART B. CONTRACT FUNDS REQUEST I Anticipated Cash Need{1st.2nd months) 2 Net Expenditures For Month (DOEA Form 105C,Part 5,Line 4) 3 TOTAL -—----- PARTC NET FUNDS REQUESTED 1 Less Advance Applied S S, 2 TOTAL FUNDS REQUESTED(Part 8 Line 3,minus Part C Line 1) DOEA FORM 106C 2 4 1.(�IICi"aCC '."r'tllllt7C[ Ivl. t-*� t 1,"I Y ( I IN I E_N'T !i RECEIPT AND EXPENDITURE REPORT COMMUNITY CARE FOR THE ELDERLY -i Pt> `�t•! sr.rr r1 r'r tz..J a -"�r,t> �rxr r-.� "a . 7� r,.'�L� AM1tE. F'tE .. 4'Fat n14 r .. PrrPKM IREPORT l P'sAd C'F G"2'7"i F-l.v M rIC:'7 h! rI,ty t�fhe C t al n y k 'revlF 1 lea a ld C5E «yf L[ry tat to rp r�tr'erC rS ..t'+nMle W Jnd r;c rl re„cE and ;all tauMQI IX , o!", .or f<')r V irF(Y:nfl us gA.0 iQ'"m rrt we C7ute hC,C>r c:r.efd t5y _ C';latnr - _—. 1 At,7p K5veK7 r AGt1f]6 R©Ge+t'a6°5 3 T YCcal FZwe o sts 4. Pr r Nt t of PART A BUDGETED ETE'C.7 IN(r<.7 hnF! f2 f5.0 E^IP'4'S B Jceet For 'T"i RHs(t 'r rt- __lr c.a ro k:J?tf3...,.� A:I rav�rf Eir c.ra etC $0 00 $0 00 :so 00 aDI V!Or t `':state F'r..,rrds so 00 $0 00 $o 00 ". Prng)ram Ir mme $0()0 $0 00 $0 00 az C::71 Vt0! Cush Match 4. .xUBTOTAL C:;A SH RECI=IPT.> 5- LOUa1 IWK-d MaMh Ei. $0 00 $0()0 $0 00 ttC71 V/O! TOTAL RECEIPTS PAR" E3 EYGPENDI TlJ F2ES 1. Asprou�d a. ExpHanMWres :3. Expendaweas 4 Percent of Elw et Prrr Th,s Rea wort Yra:aar to D ate A ravr'.rd E3ude.eat $0.00 $0.00 $0.00 GPDIVIO, i Aa'9rrlI—trail ea "erwlCus $0.00 $0.00 $0 00 40JVm' 1. sel"co 5ut7r.Oatraactor(s) $0.00 $0.00 $0.00 uDIVm, 3 Adult PlOte)001 9:7 ervic„es 4. TOTAL EXPENDITURES $0.00 $0.00 '$0.00 #DIV/0t PART C OTHER REVENUE AND EXPENDITURES 11. InAk:ff]M III. Advarice ReCOuPed (. ProOr.arra Ir'ticomFli(PI) I Earned orl OR Advance I. CCE. PI Collected YTD $....._...�....—. ?.- Return Of GR Advaraco $_,..._...�.--......,—_ (Inc;leader facas c011eetecl) 3, Othler Earned PART D CO-PAYMENTS CURRENT MONTH YEAR-TO-DATE 1. Toni of Co-Paym ants assessed t�---.—. ------- $..—""' 2. Total of CO-DaYrTlents collected $..._._._.....—..._...._..-._.......__. (For TraGkirlO PWPOSOS Only) �t k k f I I(k,I%-k .NUM U1..1 i'I I- k I Department of Elder Affairs Programs Lk Services Handbook, provided on CD. Also, available at the Department*s Intranet site under, "Publications'". ,S I' VVE, OF FLORIDA DEPAR1 NIENJ OF ELDER AFFAIRS wr 1: RE\0 I HE \I-F\( IjF[) I\iNI,jzj (,FJONS FOR ILLLSTRAM F.INFORM MON \\III(,11 \R I LL I I ELP NO I ((,)\I PLE IF I[I I s Folo I. dc�ctille the �cr%cd J�� the pri-.-�ram t`l,Ihly ,md the type of,emcc pro�idc& P( I h1 S'Airce tit at Otllcr i .......... c 3, CURREN I LY I-MPLOYFID Fffcctl� te: ES.iA ------------- 'RRENTLY ENROLLED OR REGISTERED. Effecti%e date: CL I E NTS.Ct- Dis,ibled 0,,er 40 T, <3 13 Hi�,pxm Qf (> 5. ADVISOI2�N ()�GOVERNING BOARD, IF APPLICABLE. .............. 'led (Wier I,,Female Di,ahlc III te 'llame I 'ART H: USE,k SEPARA FE SIIEET OF PAPER FORANN, Exp(_kN1,-kFIO1,'S REQUIRING MORE SPACE. 6, Is an Assurance of Compliance on file with DOEA? If N,'A or NO, explain. NSA YES NO 7. Compare tile staff composition to the population. Is staff representative of the population'? NA YES NO If N'A or NO, explain. 1:1 X Compare the client corn position to the population. Are race and sex characteristics representative of the I population? If N A or NO,explain. N,,A YES NO 9. Are eligibility requirerrients, for services applied to clients and applicants without regard to race, color, N,'A YES NO national origin,sex, age, religion or disability'? If N/A or NO,explain. F-1 El W, Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race. sex. color. aue. national origin. religion or disability? If NA or NO.explain. El tl, For in-patient scr\ices. are room assignments made Without ret-,ard to race, color. national onuin ,)r diahiht%,1 It N A or NO, e\ptmn� I N A )T.S No Ej .41 ........r J V -4 3 tau1 V I.II III al4.t INUI IItII:I P..k_ I`f`/ I the I)ro!lraIII facIIIt acce� isle to noii-Fw-,Ii,h �peakin�g, cl It'N A or N Li NO 1i re cmpluyee� p1 ( : -❑{:7ant; inf'Ormed of their protertwii a�,awst discrimination? If 'x'ES. rt �hc�altts Ind �utict ho�,v? �'crb,ll f Written foster If N A or NO. explain, N A YES NO 14, GI%e the ntllnber and current status of any cli crirninatie>n complaint. regarding ser,,ices or employment tiled again,,t the prograrti facility. N A NI-AlBER 15, is the progrartvfacility physically accessible to mobility, hearing, and sight-impaired individual,'? If A or NO, explain. N,A YES NO ❑ tit ❑ PART III:THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACI LIT IES WITH I5 OR NIORE EMPLOYEES. Ifa. Has a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications'? If NO, explain. 'VES NO I ❑ 17. Is there an established grievance procedure that incorporates due process in the resolution of complaints'? If NO,explain. YES NO 18, ias a person been designated to coordinate Section 504 compliance activities'? If NO,explain. YES NO 19, Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on the basis of disability'? If NO, explain. YES NO ❑ 20. Are auxiliary aids available to assure accessibility of services to hearing and sight-impaired individuals? If N(:.'>.explain. YES NO ❑ ❑ P ART IV; FOR PROCRAMS OR FACILITIES\\ITEI 50 OR,MORE EMPLON EES AND FEDERAL CONTRACTS OF 550,000.011 OR.MORE. _'1. Do you have a written affirmative action plan? If NO. explain. NTS NO _ — __ _ ❑• ❑ ALLIANCE USE ONLY Revisited I3v L j ti'ES NO*In Compliance: ❑ Pio ram " Ittice vt l c7rrLctlte Action D'It4 �i 1e17hl.ne� IteI w�un� Dale t ' ewk R0%ic%t Rc,pol),t Rcceitt'd ILct�..0 Lln�unl _' Iili,t':ICe' I � 1. t>IRI11cl .Vlulll)Ct itit- 1-'/ I INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST I)escrrhe the eov_'Cap}1Ie seC�"Ice ;rrea such as a clICr`ict, ciltlnty, edty }r i>C11cC locality. If ills pIo!ra[Il Il1ti311iy' ser"tie` :1 ;pc chic t,ur�et popul lIlorl such as adolesc ll,,s, dcscribe tie t;ir`ct pc:lpul rti,lrl. Also, dcftttc the t pe of r`iw' pro,,iu.led. ?. 11::11ter the percent of the population served by race 111d sex. f'he population served includes persons in the hlcal for \Oich ser-,Ices are rovided h as a city. y or other ll callgbepobtained�uf�r m local chambers oflcommerce,clibraries, r any �rltpublication regional area.f`rornthel SO (�Pet l O t nlstusecrM311ill a Florida population statistics. Include the source of your population statistics. ("Other" races include Asiali,Paciilc Islanders and American Indiari,Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective(late of yolil- summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the prograru 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, '["his is usually a standard part of the contract language for DOER recipients and their sub-grantees, 45 CFR 80.4 (a). Is the race, sex, and national origin of the staff reflective of the general population? For exaunple, if 10°/v 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 it the population, the progranv 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 grotups 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 trust be provided services Such as medical, nursing and dental care. laboratory sen ices. physical and recreational therapies, counseling and social services without regard to race. sex, color, national origin, rcliuion, age or disability. Courtesy titles, appointment scheduling and accuracy if record keeping must be applied unifilrmly and without regard to race, sex. color, national origin, religion, age or disability. Entrances. waiting rooms. reception areas, restroorns and other facilities must also be equally aivailablc to all clients, 45 C'I R wi).3 (b). I or in-patient serices. residents 111Llst be assi< reel to roolns. b ards. etc- %c'ithout regard to rake. color. national origin or disability. Ako. residents illust not he asked whether they are tc illing to share .ic'commodations ,4 ith persons of I )f dicr lit C'alc ��11A.'�C 11atlollal orl,-nn. of cilnabllity' -4ti (TR .`O _I ( I). l li�w ;�rant l,.c'.lit� alld ,rl} � r�i cs ulclst he rrcccs�5i(.�le tohat icipaltlts alolci ,lpplictirtts, iltcllsclill� Ii,osc pc i-solls .c li;o 110tI ;Tc,lk hopul:ltioll of Ilan }'-Il' ll.till tit7CllKtil! 17copic li�.e, roe_""CI1111 41CCc� rI�i1Ct`k' multi 111clude the polio." <'>r' 1111In tk'rr tici"ti lec, well 11s ;.i Current Il t of 11:1n,,:s Lind tclG:phoile nunlbc:rs t,1t 11f11I1S luau llldl�Id4lall`i a llo 4s lil IlStil>t !tl t}lc 45 (11 PI 0%i SiOtt of set-%iccs, -45 (T R ',;t),x (;11. "". 1'roLrams f<lcihtics must make ml'`or-niation reo.irdin,., the i,K)rls of Title VI a";lilable to their participant,, i)cnetictsarics or am other nitcrested 1)arties, I his shoLlld lllcllidc irlforin ition on their nuht to tilc a1 Coll plaint of discriminaltior'I with either the Florida Depttrinnc tit of Hdcr \ffalirs or the U; S. Depalrtment of MIS. f llc ittl',,r11Wti011 may be :supplied %crbally or in writing, to even; ind1%1dual. or may be supplied through the Lrsi ofan cgii,ll Opportunity policy poster displayed in a public area of the facility, 45 CIR 80.6 (Li). 14. Report number of discrimination complaints tiled against the, program acility. Indicate the basis, e.(,:., race, color. creed, sex, a�. e. national origin, disability, retaliation: the issues involved, e.g., services or employment, placenerlt. tenllination, etc. Indicate the civil rights haw or policy alleged to have been violated alorig %vith the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current stMLls, e.u., Settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. I The progran-L Cacility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate %vidths to entrances. The lobby, public telephone, restrooin Facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restroorns, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for livoht, heat, ventilation, Fire alaris, and other essentials should be installed at an appropriate height for nobility 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 tour step process: a. With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. b. Modify policies and practices that do not meet Section 504 requirernents. c. "rake remedial steps to eliminate any discrimination that has been identified. d. Maintain self-evaluation on tile. ('['his checklist may be used to satisfy this requirement if these four steps have been f`ollowed.), 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 54.7 (b). is. Protirarns or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 Cf•'R 54.7 (a). 19. Contilluing steps must be taken to notify employees and the public of the program facility*s policy of norndiscrimination on the basis of disability. This includes recruitment material, notices for hearinI_rs, newspaper ads, and other appropriate written communication, 45 CTR 84.8 ('a). 0, l'ro,.rratlis facilities that employ 15 or more persons must pro%ide appropriate auxiliary aids to persons with impaired ,clt�(rv. manual or speaking skills where necessary. \uxiIlary mils may include, but are not limited to. inter-l)reters t'or 11ca1rin{t 11llpairc(l individuals. t,,iped or RraLille raiaterials. or IImy alternative NSOLlrces that earn be tt cd to provide equally effectl%e servjCCs, 45 CFR 8'4,52 (d). Pro�,ralnls taIcilitles %%Ith jf) or More en1pli %eeS I11 iedc rsll :ortm,:t.S rmlit de%clod. I911piemeflt <111d 1int;liu at �crlttcn :rf4irlarlti� �lctioll cMITh"Il"Ce 11101 WI in alcc+.lrcl,tnce %%!ill f-xecull%c Order l 1 2-6, 41 Ci R lit) ,1+1d i !tlt: 4 I of the (. lE Il .yct c7t I 1)6-4 j, ,1lilelldcd. +(i fi DOI P—, 'ad \w:�I'l 'W0 Tel n bo CL Le �4 ('o n t ract \u ni tier K 14 7 1 �� e, �o������ &OY- 4� 62- (),It 1%lCt tl III,Cl- KC I-1 7 1 AT I'AC I I�N I EN-FC REFERRAL PRo,rocoll—NION'ROE Issue: Fl-M-e. and RCCCITZI1 f0r' .-\Cti\MIMI UlldCl-tl,,c Coninlurlit" Cdl-c [,()r the E'Iderly flt,)Ille Cal-C fOr the IVICv: Re fer-n'l I's will he based it a%Ll I I'd)III t y of``duds, in ziccorda rice %t It Ii priorl t lzat tort I'NUI 1'elver-It s Purpose: To ensure fundliig is ,petit expeditiously and consuiners zire referred Into programs for appropriate services. Procedure for Monroe County: 1. Roles and Responsibilities k Alliance for Aging ,\giiio and Disability Resource Center Reconciles overall prograrn and Lead Agency specific spending levels on a monthly basis to ensure the Lead Agency is operating within the funding allocation. Reviews the number of cases released for activation based on projected funding available. • Screens consumers to link with appropriate resources and prioritize for DOER-funded programs and services. Recommends potential cases for activation based upon projected funding available by Lead Agency. • Selects consumers from the waiting list based on their prioritization score. Refers consumers firom the waiting list to the Lead Agency in Monroe County for activation, based on availability of funds. • Monitors compliance with service standards and outcome measures. Reviews care plans and files per the File Review Policies and Procedures. 0 Reviews data in CIRTS. B. Case Managenieiit Agency • Requests and accepts referrals frorn the Aging and Disability Resource Center, I Disability, to serve an optimal caseload and to avoid surpluses or deficits in accordance with the AAA CCE'HCE Surplus,Deficit Analysis Policy. • Refers inquiries from consumers interested M services to the ADRC for hiformation and Referral to I C011-11111.111ity resources, Screening, Triage, and Long-Term Cire Options Counseling. is appropriate. • The Culictiolis of screellill", and Intake are outsourced to the Lead A-ciicv. Screenitil-, and li-itjke 111,1v jlsia lie completed by the ADRC. • Completes compreliensli%,e assCSSJJJClItS 011 I1CW Col-ISUIllers and annual I-eaSSCSSIIIClIt on CXIStlI10 c011',LIIIICI'S and L]C%-eI()pS C,'II-C plans and I-C% gas care plates • \Ut1lOI-IZCS scr%ice dcll�cry acid clitel-S olat4, into CIRTS. « Screens C011SWIM'S t'()r SNI'\R1 IV elibaihility. IMIS HI ("IR I S as clppropnitc. cal-C pLilis III III cf,,'Ori to keep cotits dowii %�lille sLISLI111111'1-1 the IlIdJ%IiILIAIS Ill the cOIIIII`1UlIIt\- -4 1) h 2 C'01Itrtict Ntlniher RC I-I'I lI. �laila�eme€�¢ ot,the Assessed Priontired Consumcr List (AN-1 A. [ et'crrals to the ADRC.' .ire rol ltcd to tlic Ill fe r:nati Ill alld Rcferral Specialists or Intake Umt taff depending on the tvlle of referral. Clients are provided intimation (.')n conurluslity resources and programs w alLibie including, pri%,ite pay options. Per,;ons are directed to those resources roost capable of rncetintg the need they ha\e expressed to ADI) C staff. Cases presetitinW.; strong identifiers that indicate the consumer might benefit from publicly funded long term care services are screened, entered into CIRTS, triaged ail provided options counseling. In ytoriroe Coutlty, the furlctiolls of Screenim, arld Intake: are outsourced to the 1-cad Agency. Screening and Intake may also be completed by the AWRC. DOEA prioritization requirements will be adhered to by both entities, as follows: I. :<yPS High Risk Deferrals (See section B) 2. Imminent Risk cases will be prioritized for activation after APS High Risk Referrals have been served. If budgetary constraints prevent opening new cases, clients will be placed on the APCL. ADRC staff will contact the client on a monthly basis to determine if there has been a change in the client's situation. 3. Alt other CARES referrals will be screened and prioritized in accordance with DOER requirements. 4. Aging Out consumers will be referred by DCF for prioritization andor activation in the corresponding aged program managed by the Alliance, as appropriate(See section IV). S. Consumers applying for the Community Care for the Elderly(CCE) and/or Home Care for the Elderly (I-ICL ) programs will be contacted and screened using the statewide form developed assessment by the Department of Elder Affairs for this purpose (Form 701 S). If a consumer is being served through a DOEA-funded agency which enters their annual assessment into CIRTS, the Priority Scoregenerated by that assessment will determine their ranking on the APCL. 6. Consumers referred for inclusion under the Statewide Medicaid Managed Care Long Term Care Program APCL will be contacted and screened followincg the same procedure as the one described under Section 5. 7. Individuals who appear as potentially eligible for other types of public assistance will be referred to the Economic Self- Sufficiency Unit at the Department of Children and E"'anulies. S. All other referrals will be waitlisted and prioritized. during which time other community resources will be researched. including private pay`fee: fe;>r services providers. Consumers on the waiting lists will be reassessed according to the 2013 Department of Elder Affairs Programs and Services Handbook, or any revisions made thereafter. 13. 1IIP,AA forms will be sent to the consumer as appropriate. Ill. Opening New Cases V CC I IICE Clients 1. I lie Ffiscal Department will monitor Lead Agencv >pccltic spcIldim-, lc�eis «n a monthiv bads to ensure each I-crid A tu�v is operatln12 %G it,hIll itti .tipc tldlil''' Ilutlilor"ly' Ill ;Iddillon, the i1sc ii depClrtmellt ,w id �1I1,11C7e surpltIs dericit icit"CB1 1i1ti, Alld 5114trc the ,lie I�.etld Agetic` to ill 11-1 lr" dclel-1111 lX1011 Of 'licit a1%ai1:1i)l11t", I it ` i1 h? 1471 III I Coluest 1-CFernlis I'l'o,111 tile ADR('. fho: Ftscll Delmr-tillent u11 I)c notified of tl,,e nuillber of,new CUscs referred to the Lead AL'Clicv t'01. the request for referrals froni the Ecad A�_,encv' the ADRC lntakc tnit Supervisor will i7lin tlic p1,101,111zed Risk ILepurt to ldclltlty tile C01111;1111`11crs 011 the AP(T to be opened. 3. In respk)IlSe 10 the N(jUeSt for referrals, the ADRC Intake Unit Supervisor refer eoait listed clients to the Lead f'Or icti%atlon, III accordance with prioritization requirements. The Intake Unit will update the Walt list CIII-011111ent USiM-1 the appropriate Code tO terminate from the APCL. Upon receipt of referral, the Lead Agericy will enter the APPL e1`11-011111CI-It, and SUbSCCILIC111. C111`011111ent-S to reflect client status. 4. Upon receipt ot'list of clients released from the waiting, list, the Lead Agency will enter the APPL enrollment, will and will proceed with activation. the Lead Agency will enter subsequent ontact clients to offer prograrn enrollment, en-rollinents into CIRTS to reflect client status. 5. In accordance with the DOEA Program & Services Handbook, consumers who were screened using Form 7/01S and received a priority score or rank of 3, 4 or 5 with a CIRTS Enrollment Screen program status code set to **APC 'and subsequently assessed using 701 B and receive a new priority score or rank- of I or 2 must be returned to the APCL to allow for prioritization of other consumers on the A.PCL with priority score or ranks of 3, 4 or 5. The ADRC will oversee the enrollment process to ensure referrals have timely outcornes in CIRTS. B. Statewide Medicaid Managed Care Long Term Care Program Clients 1. The Department of Elder Affairs will run the APCL (Assessed Priority Consumer List) report to review clients wait listed for the S',v1MCUFCP . DOEA will provide the ADRC with a list of individuals authorized for release from the APCL. 2, For clients active in CCE or FICE and authorized for release from the Medicaid Waiver waiting list, the ADRC will be responsible for the application process. For CCE active clients the ADRC will notify the Lead Agency in order to waive the co-pay. C. APS Referrals 1. .\PS Low and Intermediate Risk referrals will be screened and prioritized by the ADRC for services as per the DOFA,APS Memorandum of Understanding. Low and Intermediate Risk referrals are also offered information and referral to additional community resources, Including private pay as appropriate. 1 APS I ligh Risk Referrals are n(_)( %cr'jltjiSted. I'licy are immediately referred for service from DC11 in Monroe County to the Lead Ali'I'F referrals will R7e 'orvtareled directly the J_eakj A"CJJCV. \PS C,'JsCS are to be served tier a 111aXHIIUIII of 31 calendar days. lfidditionril time isIu,"titled. tile case 111ana-enient 'IL!Cncy will staff the Case with the \111a11ce to Alt,1111 tile extension needc& ('ontrtct Number l~~C 1 ;71 3. 1_'pon ro,:alit o he PSI h0i Risk rctATY. dw Lead Agawy QH anwdinate scr%ices io begin withitr the 72 1har I)C6 d :I I'll by statute. .,\ cornprehensiee as,,esstrrcnt wiil be dine within 72 hmas o the rerarral. Services required ""Under the care plan will renraitr in place for a nakitrrittrr 4 t'31 days. Curless an extension has been granted. 4. I`he Lead .Agency, "All enter K`IV cnmHn ertt under their provider nunker in CIRTS. In addition. sere ire codes will be entered by .sets:ice date Aw all services pro%ided. Ira serWds1 is not provided as required under the care plan, air ;`DP code brill need to be entered in CIRTS and the case notes under the client file Should document the reason for nan- delivery of such sr r dee(s). IV, Out Consumers: x ,�\11 ",Xging Out- consumers %will lie referred by CSCF to the ,\DR(.' for enrollment into the corresponding aged program managed by the Alliance. 11 Consumers active in the CC DA and HCDA programs that are turning 60 and are eligible; for CCE and/or HCE will be opened in the corresponding aged program managed by the Alliance if tbric ing is available. If funding is available, these consumers will be made active. If funding is riot available, they will be wablisted far these programs but will be given priority far activation once fundhg is available. `rote: These ADRC policies and procedures are subject to change. Any modifications will be done through a contract amendment. 51 62 Ntimber KC 147 1 A 1"FACI III EN'T 1) Department's Computer Use Policy and its Social Nledia Policy, provided on CD. page54 ATTACHMENT Alliance for Aging, Inc. ,--` Business Associate ( This Business Associate Agreement is dated 7 by the Alliance for Aging, h]c.(^CoveredEnhty") and M BusikesmAssooiate'). onct'for-pnzhtF|ondo corporation. / 10 Background. 1"I Covered Entity has entered into one ormore contracts or agreements with Business Associate that involves the use ofProtected Health Information (PHI), 1.2 Covered Enbb/, 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 H|PAA requires the Covered Entity and the Business Associate to enter into contract or agreement containing specific requirements to protect the confidentiality and security of patients' PH|, as set forth in, but not limited (o the Code ufFederal Regulations (C.FRj. specifically 45 C.F.R. §§ 184.502(e). 164.504(e). 184,308(b). and 184.314(a-b)(2010) (as may apply) and contained in this agreement. 1.5 The Health Information Technology for Economic and Clinical Health Act (2009), the American Recovery and Reinvestment Act(2OOA) and Part | — |mproved Privacy Provisions and Security provisions located at42 United States Code (U.S.Cj §§ 17Q31 and 17Q34 (281O) require business associates of covered entities h» comply with the H|PAASecuhty Ru|e, as set forth in, but not limited to4GCF,R. §§ 164,308. 164310. 184312. and 164.316 (2009)and such sections shall apply to a business associate of a covered entity in the same manner 1hmtauchaeuiona �pp|yho �hecoveradentih/ ( , . _ The parties therefore agree asfollows: 2.0 Definiduna, For purposes of this agreement, the following definitions apply: 2.1 Access. The ability or the means necessary ho read, write, modify, nrcommunicate data/information or otherwise use any system resource. 2,2 Administrative Safeguards. The administrative aohono, and policies and pvooedures, to manage the selection, development, implementation, and maintenance of security measures to protect electronic Protected Health Information (ePH|) and to manage the conduct of the covered entity's workforce in relation tothe protection of that information. 2.3 /4RRA. The American Recovery and Reinvestment Act(2OOQ) 2.4 Authentication. The corroboration that a person ia the one claimed, 25 Avoi|abi|ity. The property that data or information is accessible and useable upon demand by an authorized person. 2 6 Breach. The unauthorized eoquisiUon, access, use, or disclosure ofPHI which compromises the security orpnvaoyof such information. 2 7 Compromises the Security. Poemga o/An/5caotnsk of financial, repu1aUonoi orotner �ia,m �o mdw/dua|a, 28 Confidentiality The property that data or mformadon m not made available or d/sr|osed to unou<1nonzed persona or puooesses. �4 Page 55 2.9 Electronic Protected Health |nfonnation.(ePH|) Health information as specified in 45CFR §160.1030)(0 or (1)(11), limited to the information created or received by Business Associate frorn or on behalf of Covered Entity. 2,10 H[TECH The Health Information Technology for Economic and Clinical Health Act (2009) 2,11 Information System. An interconnected set of information resources under the same direct management control that shares common functionality, Asystem normally includes hardware, software. information, data, applications, communications, and people, 2.12 Integrity. The property that data or information have not been altered or destroyed in an unauthorized mariner. 2.13 Malicious software. Softwana, for example, o vinus, designed to damage or disrupts a system. 2.14 Pad i Part | - |mproved Privacy Provisions and Security provisions located at42 United States Code (U&CjG§ 17Q31 and 17g34 (2O10). 2.15 Password. Confidential authentication information composed ofa string ofcharacters. 216 Physical Safeguards. The physical measures, policies, and procedures to protect acovered entity's electronic information systems and related buildings and equipment, from natural and environmental hazards, and unauthorized intrusion. 2.17 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 180 and Part 1S4. subparts A and E 2.18 Protected Health Information. (PHI) Health information as defined in45CFR §16O.1O3. limited to the information created or received by Business Associate from or on behalf of Covered Entity. � - 2.19 Required By Law. Has the same meaning as the term "required by law" in45CFR § 164.103, 2�20 Secretary, The Secretary of the Department of Health and Human Services or his or her designee. 2.21 Security incident, The attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. 2.22 Security orSecurity measures, All uf the administrative, physioa|, and technical safeguards in en information system. 2.23 Security Rule. The Security Standards for the protection of Electronic Protected Health Information at45 CFR part 184. 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 toit, 225 Unsecured PHI, Protected health information that is not secured through the use of technology or methodology specified by the Secretary in guidance issued under 42 U.S.C. section 17932(h)(2). 226 All other terms used, but not nthenwisedefined, in this Agreement shall have the same meaning as those terms in the Privacy Rule. 30 Obligations and Aohv|hee of Business Associate. 3 11 Business Associate agrees to rot use or disc|ose PHI other !hen as permoted ornequ/red by This agreementoraa Requ/red by Law. �� Page 56 3 2 Business Associate agrees to: (a) Implement policies and procedures to prevent, detect, contain and correct Secunty /-` violations in accordance with 45CFR § 164306, (b) Prevent use or disclosure of the PHI other than as provided for by this Agreement or as required by |avv� (c) Reasonably and appropriately protect the oonfidenbahty, int*grby, and availability of the ePH| that the Business Associate creates, receives, maintaino, or transmits on behalf ofthe Covered Entity', and (d) Comply with the Security Rule requirements including the Administrative Safeguards, Physical 5afeguords, Technical Bohemuards, and policies and procedures and documentation requirements yet forth in 45 CFR §§ 164,308. 164.310. 764.312. and 164.316. 33 Business Associate agrees to mitigate, to the extent praodcob|e, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 14 Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware. This includes any requests for inapnotimn, 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: (o) Identification of any individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, acoessed, uoquiuyd, or disclosed during such security breach; and _ (b) All information required for the Notice to the Secretary ofHHS of Breach of Unsecured � Protected Health Information. -- 16 Business Associate agrees to ensure that any ogant, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf ofCovered Entity, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. 3.7 |f Business Associate has PHI in a Designated Record Set: (a) Business Associate agrees to provide access, at the request of Covered Entity during regular business hours, to PHI in e Designated Record Sat. to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the requirements under45 CFR §164.524; and (b) Business Associate agrees bz make any ammndmennm) toPHI in Designated Record Set that the Covered Entity directs oragrees to pursuant to45CFR § 184,52Ga1the request ofCovered Entity or on Individual within 10 business days of receiving the request. 38 Business Associate agrees to make internal pract|ces, boohs, and reoorda, 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 Enbh/, available to the Covered Entity or to the Secretary upon request of either for purposes of determining Covered Entity's compliance with the Privacy Rule. 3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordoncew`th 45CFR § 164 528. 3,10 Buamess Aasocote agrees /o provide to Covered Entity or an /nd/vidua| upon request, m�ormaxonooUected to permuCnvered Entity torespond toarequestbyan |ndw/dua| for an accounting of d/sc}osurea of PH} in accordance w/th 45 CFR § 104528 and ARRA § 13404, z,h page57 3]1 Business Associate specifically agrees to use seCUrity measures that reasonably and appropriately protect the confidentiality, mLegrib/, and availability cfPHI in electronic or any other form, that it oneatem, receivey, maioteins, or transmits on behalf ofthe Covered Entity. 312 Business Associate agrees to implement security measures to secure passwords Used to access � epH| that /t acoessem, main\ains, or transmits as part of this Agreement from malicious software and other man- made and natural vu|nerabihdes to assure the availability, integrity, and confidentiality ofsuch information. 3.13 Business Associate agrees bz implement security measures to safeguard ePH| that itaccesses, maintains, or transmits as part of this agreement from malicious software and other man-made and natural vulnerabilities |o assure the avai|abi|ity, mtegnty, and confidentiality ofsuch information, 3.14 Business Associate agrees to comply with: (a) ARRA § 13404 (Application of Knowledge Elements Associated with Contracts); (b) ARRA § 13405 (Restrictions on Certain Disclosures and Sales of Health Information); and (o) ARRA § 13408 (Conditions on Certain Contacts as Part of Health Care Operations). 4�O Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement ur any related agreement. Business Associate may use ordisclose PHI to perform functions, activihes, 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 orthe minimum necessary policies and procedures of the Covered Entity. 5.0 Specific Use and Disclosure Provisions. 5.1 Except as otherwise limited in this agreement or any related agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the {eAo} responsibilities of the Business Associate. ~` / 5.2 Except as otherwise limited in this agreement or any related agreement, Business Associate may disclose PHI for the proper management and administration of the Business Asmocie&a, provided that disclosures are Required By Law, o/ Business Associate obtains reasonable assurances from the person howhom 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 pmrson, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 5.3 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by45 CFR §1G4.GO4(e)(2)(i)(B). only when specifically authorized by Covered Entity. 5.4 Business Associate may use PHI to report violations of law to appropriate Federal and State authorihas, consistent with 45 CFR §184.5O2(j)(1)� 6.0 Obligations of Covered Entity. 6.1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR § 164.520. to the extent that such limitation may affect Business Associate's use or disclosure of PHI, by providing o copy ofthe most current Notice of Privacy Practices (NPP) to Business Associate usAttachment X| Ln this Agreement. Future Notices and/or modifications br the NPP shall be posted on Covered Entity's vvebsxeat 8 2 Covered Entity shall notify Business Associate o{any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 184 522, to the extent that such restriction may affect Business Associate s Use or disclosure of PHI. 7 O Permissible Requests by Covered Entity. Except for data aggregation or management and admmskabve activities of Business Asaucmte. Covered Entity snail riot renuest Business Associate to use or �/sdose PHI |n any manner that wou|d not be permissible under the Privacy Rule /f done by Covered Entity. _ Page 58 80 Effective Date and Termination. 81 The Parties hereby agree \hat this agreement amends, restates and replaces any other Business Associate Agreement currently in effect be�veen Covered Entity and Business Associate and that the provisions of this agreement shaUbe effective LisfoUovvs. exception of the electronic (o) These Business Associate Agnaernentprovisions, vv/th theexcep security provisions and the provisions mandated hyARRA. H|TECH and Part | ohoU be effective upon the later of April 14 2003. or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use ofPHI, (b) The electronic security provisions hereof shall be effective the later of April 21. 2005 or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use ofPH|� and (n) Provisions hereof mandated byARRA. H|TECH and/or Part | shall be effective the later of February 17. 2O1Oor the effective date ofthe earliest contract entered into between covered entity and business associate that involves the use of PHI nrePHi 82 Termination for Cause. Upon Covered Entity's knowledge ofa material breach by Business Assouiohs, Covered Entity shall either: (e) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (b) Immediately terminate this agreement if Business Associate has breached a material term of this Agreement and cure is not possible; or ` (c) If neither termination nor cure is feasible, Covered Entity shall report the violation to the / \ Secretary. ' 83 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 ePH| received from Covered Endh/. or created or received by Business Associate mn behalf of Covered Entity. (a) This provision shall apply to PHI and ePHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI and mPHi (b) In the event that Business Associate or Covered Entity determines that returning the PHI or ePH| is infeasib|e, notification of the conditions that make return of PHI or ePH| infeasible shall be provided to the other party. Business Associate shall extend the protections of this Agreement to such retained PHI and ePHI and limit further uses and disclosures of such retained PHI and epH|, fora minimum of six years and so long as Business Associate maintains such PHI and eFH|, but no less than six (G) years after the termination of this agreement. 90 Regulatory References. Anehsrenoe in this agreement tma section in the Privacy Rule or Security Rule means the section then m effect oras may be amended in the future. 10O Amendment, The Parties agree oo take such action asia necessary to amend this agreement rom time to hme as is necessary for Covered Entity to comply with the requirements of the Privacy Rule, the Security Rule and the Health Insurance Portability and Accountability Act of 1996, Pub, L. No. 104'191 11 O Survival Any term, concition, covenant or obligation which requires performance by either carty here\osubsequent to ',ie terminition of this agreement shall rernair erforceable against such party subseQuent to such \e/mmahon 120 Interpretation Any amb/gu/ty in this agreement shall be resolved to permit Covered EnMy to comp|y with the Privacy Rule and Security Rule. �S Page �V 13,0 Incorporation byreference. Any future new naquirement(a). changes orde|ebon(s) enacted m federal law which create new nr different obligations with respect |oH|PAA privacy and/or security, shall be automatically incorporated by reference to this Business Associate Agreement on the respective effective dahe(s). 140 Notices. AU notices and communications required, necessary ordesired to he given pursuant to this agreement, including a change of address for purposes of such notices and communications, shall be in writing and delivered personally to the other party or sent by express 24-hour guaranteed courier or delivery service, or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed \o the other party as follows (or tu such other place as any party may by notice to the others speofy): To Covered Entity: Alliance for Aging, Inc, Attention: Max Rothman 760 NW 107Avenue Miami, Florida 33172 To Business Associate: Any such notice shall hm deemed delivered upon actual receipt. |f any notice cannot ba delivered ordelivery thereof is refused, delivery will be deemed to have occurred on the date such delivery was attempted. 15.0 Governing Law. The |ewe of the State of Florida, without giving effect to principles of conflict of |avva, govern all matters arising under this agreement. 16.0 Severabi|ity. If any provision in this agreement is unenforceable to any extent, the remainder of this agreement, or application of that provision to any persons or circumstances other than those as to which it is - held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted bylaw. 17.0 Successors, Any successor bo Business Associate (whether by direct or indirect orbypurchase, merger, consolidation, or otherwise) is required to assume Business Associate's obligations under this agreement and agree to perform them in the same manner and to the same extent that Business Associate would have been required 0oif that succession had not taken place, This assumption by the successor of the Business Associate's obligations shall beby written agreement satisfactory to Covered Entity. 180 Entire Agreement. This agreement constitutes the entire agreement of the parties relating to the subject matter ofthis agreement and supersedes all other oral or written agreements or policies relating thareto, 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: Date, By� Sianature Page 00 ATTACIENWNT F Verification of Employment Status Certification As a con(fit oil of contractim-, witIl the Alliance for ,Acing. [tic.. 13(5r—c- 15(7c:�.oj hereby i-eferred to as contractor. certifies the use of the U.S. Depart rent of Homeland Security's E-verify system to verity the ernploymelit ell,-,IbIlIty of all new employees hired by Contractor during the contract terrn to perform employment duties pursuant to this Aggreernent and (b) that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this Agreement utilize the E-%,cn't*v system to verify the employment eligibility of all new employees hired by the Subcontractor during the contract term. Signature G4sres, ate (Same as contract signature) Title Company Name 00 Page 01 \1 k( 11%It,:\ IG BACKGROUND SCREENING \FFAIRS Affidavit of Compliance - Employer nihi fotm, is required wwudily of 341 eiviployefs to corwiply vwIth the �td--tafj(A% rcgwuerrc�rts vt folitj it% FforiLla Sla(Lfies� 110,40% '1'(f I e I f W'ty (»'11;11 u. C I i"'],1,'Op I k if III V0 11 4 'I ,,, '—I ml eq,rj;, it A d ir,•(I "I It 18 prar,r,f :I;'V i'l ;ih- h'i rim"IJ,1111 to a j)r"&t'4uI to 11to'I'lf. •of"'r-, rI I-Ir' tp t').r Js�i-lk P rmllaf I .'.th I t lwnl '018,I *Jrig tl,,, 1,'y'h(,cIi,ljit to 111f.C""It 11va. pus"w.jl pf"'pelry,',)I ;I,1,owl Muril-.0kill '. Ji/."',S. flrw hrrtvt I'I"Jude, ATTESTAW) As the duly auu1irized represertatn.reot kx',Ited at do hereby affirm under denalt-y of perjury Chart Cn nbavr rl-M-rd T lnyrr6 in roTip,iarw!! ,with tFt- pt(, i.iCa. ot (.,1,;iptr!.r 435 and Ttlrtn 410,0402,Florida Statute-- level bark8fawod screening. i�at-re of Hepreientat,,.- Date A TE()F FLORIDA.CU-N TY OF ,nrn o jr irre': - ed) and sI-bscribed be-or-2- r-�e this day of 10: , a, �Nine nt Renre-,mnlativol per,.onaily krovyn a me or pr duced proof of ident�fication. , -:, 01 Page 02 ATTACHMENT H ('F RTI F1 G VFI 0 N R E G-k R 1)1 N G S('R UTI N I Z E 1) ('ON 11),\N I E S 1-1 S'I's I he 'rn Lluthorlzed rCp1-c'.'ctnt41ti%c of the Contractor named In the contract or a(-,rcenicrIt to "w hich this t'Orni Is 4m attachment, hereby certifies that: I ) I lie ('oiltractor understands that pursuant to s. --'S-.135 FS- any company at the time of biddith-1 or SUbmitting, I proposal f'or a new contract or reiic%val or an cxisting contract, that is on the -Scrutinized ('oinpanles wv ith Activities In SU(1,111 List- or the -Scrutinized Companies with Activities in the Iran Petroleum Sector List (collectively, *'the Lists-) is ineligible tor, and may not bid on, submit a proposal for. or enter into or renew I contract pursuant to which funding is provided by the Department of Elder Affairs (Department) for 000ds or services of S I million or more. (2) The Contractor understands that, pursuant to s. 287.135 F.S., any company that submits ,I false certification is Subject to civil penalties, attorneys fees and costs and any costs for investigations that led to the finding of false certification. (3) The Contractor understands that the contract to which this form is an attachment may be terminated by the AAA if the Contractor Submits a false certification or has been placed on the Lists. This certification, required by Florida law, is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction. L Signature Date I (Same as contract signature) 'title _ '�1e�rt�- �.a� LAC-�-- ' �:� r.- .� ,�,�% ('orripany Name C/ 01