Item C09 } C.9
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: C.9
Agenda Item Summary #8064
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Approval of the Coronavirus Consolidated Appropriations Act
(CCAA) contract between the Alliance for Aging and the Monroe County Board of County
Commissioners/Monroe County Social Services in order to provide nutrition services to Monroe
County citizens (aged 60 and above) and their caregivers. Grant contract is for the period of
2/1/2021 through 9/30/2022 and is in the amount of$71,051.35.
ITEM BACKGROUND: The CCAA program gives preference to citizens aged 60 and above with
(1)the greatest economic/financial need, (2)minority seniors, (3) greatest social need due to
isolation, as well as (4)those who are required to practice social distancing due to COVID-19.
Preference is also given to seniors with (5) limited English proficiency, and those who (6)reside in
rural areas.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Pages 1 thru 33
Pages 34 thru 66
FINANCIAL IMPACT:
Effective Date: 02/01/2021
Expiration Date: 09/30/2022
Total Dollar Value of Contract: $71,051.35
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Total Cost to County: -0-
Current Year Portion: -0-
Budgeted: Yes
Source of Funds: Grant
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount: N/A
Grant: Yes
County Match: Not Required
Insurance Required: No
Additional Details: None
N/A
REVIEWED BY:
Sheryl Graham Completed 03/29/2021 3:06 PM
Pedro Mercado Completed 03/29/2021 3:09 PM
Purchasing Completed 03/29/2021 3:12 PM
Budget and Finance Completed 04/06/2021 4:15 PM
Maria Slavik Completed 04/06/2021 4:29 PM
Liz Yongue Completed 04/06/2021 4:45 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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ALLIANCE FOR AGING, INC.
STANDARD CONTRACT
Coronavirus Consolidated Appropriations Act
THIS CONTRACT is entered into between the Alliance for Aging,Inc., hereinafter referred to as the"Alliance,"and
Monroe County Board of County Commissioners, Social Services/In-Home Services, hereinafter referred to as the
"Provider", and collectively referred to as the"Parties." The term contractor for this purpose may designate a vendor,
sub-grantee or sub-recipient,the status to be further identified in ATTACHMENT II,Exhibit-2 as necessary.
WITNESSETH THAT:
WHEREAS,the Alliance has established through the Area Plan on Aging that it is in need of certain services as
described herein; and
WHEREAS,the Provider has demonstrated that it has the requisite expertise and ability to faithfully perform such
services as an independent contractor of the Alliance.
NOW THEREFORE, in consideration of the services to be performed and payments to be made,together with the
mutual covenants and conditions hereinafter set forth,the Parties agree as follows:
1. Purpose of Contract
The purpose of this contract is to provide services in accordance with the terms and conditions specified in this
contract including all attachments and exhibits, which constitute the contract document.
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2. Definitions
ADL—Activities of Daily Living CJ
APS—Adult Protective Services
ADA—Americans with Disabilities Act
Alliance—Area Agency on Aging
APCL—Assessed Priority Consumer List
CIRTS—Client Information and Registration Tracking System
DOEA—Department of Elder Affairs(The Department)
I&R—Information and Referral
IADL—Instrumental Activities of Daily Living CL
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MDD—Major Disaster Declaration
MCA—Memorandum of Agreement E
MOU—Memorandum of Understanding
PSAs—Planning and Service Areas corresponding to Miami-Dade and Monroe Counties
SPA—Service Provider Application
USDA—United States Department of Agriculture
3. Incorporation of Documents within the Contract
The contract incorporates by reference attachments,proposal(s), solicitation(s),Provider's Service Provider
Application,and the current DOEA Programs and Services Handbook. Any and all contracts or agreements
executed between the Provider and the Alliance during the effective period of this contract shall be governed in
accordance with the applicable laws and statutes.
4. Term of Contract
This contract shall begin on February 1,2021 or on the date on which the contract has been signed by the last party
required to sign it,whichever is later. It shall end at midnight, local time in Miami, Florida, on September 30,2022,
unless renewed or extended as provided herein.
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5. Contract Amount
The Alliance agrees to pay for contracted services according to the terms and conditions of this contract in an
amount not to exceed$71,051.35 subject to the availability of funds. Any costs or services paid for under any other
contract or from any other source are not eligible for payment under this contract.
6. Renewals
By mutual agreement of the parties, the Alliance may renew the contract for five additional one-year periods.
Contingent upon satisfactory performance evaluations by the Alliance and the availability of funds, any renewal is
subject to the same terms as the original contract, with the exception of establishing unit rates which is described
further in this section. The original contractual unit rates are set forth in the bid proposal and reply.
Requests to renegotiate the original contractual established rates are provided for in the Alliance's approved
Reimbursement Rate Review Policy, which is incorporated by reference.
This contract may be extended upon mutual agreement for one extension period not to exceed six months to ensure
continuity of service. Services provided under this extension will be paid for out of the succeeding agreement
amount.
7. Compliance with Federal Law
7.1 This contract contains federal funds. The following shall apply: CD
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7.1.1. The Provider shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable
regulations.
7.1.2 If this contract contains federal funds and is over$100,000.00,the Provider shall comply with all
applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended(42
U.S.C. 7401, et seq.),s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et
seq.), Executive Order 1 1738, as amended, and where applicable Environmental Protection Agency
regulations 40 CFR 30. The contractor shall report any violations of the above to the Alliance.
7.1.3. The Provider, or agent acting for the Provider, may not use any federal funds received in connection m
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with this contract to influence legislation or appropriations pending before the Congress or any State
legislature. The Provider must complete all disclosure forms as required, specifically the Certification
of Assurances Attachment, which must be completed and returned with this signed contract.
7.1.4. In accordance with Appendix A to 2 CFR 215,the contractor shall comply with Executive Order 11246,
Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as
supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable.
7.1.5. A contract award with an amount expected to equal or exceed$25,000.00 and certain other contract
awards shall not be made to parties listed on the government-wide Excluded Parties List System, in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689,
"Debarment and Suspension." The Excluded Parties List System contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549. The Provider shall comply with
these provisions before doing business or entering into subcontracts receiving federal funds pursuant to
this contract. The Provider shall complete and sign the Certification and Assurances Attachment prior
to execution of this contract.
7.2. The Provider shall not employ an unauthorized alien. The Alliance shall consider the employment of
unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. 1324 a)and the Immigration
Reform and Control Act of 1986(8 U.S.C. 1101). Such violation shall be cause for unilateral cancellation of
this contract by the Alliance.
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7.3. If the Provider is a non-profit provider and is subject to Internal Revenue Service(IRS)tax exempt
organization reporting requirements(filing a Form 990 or Form 990-N) and has its tax exempt status revoked
for failing to comply with the filing requirements of the 2006 Pension Protection Act or for any other reason,
the Provider must notify the Alliance in writing within thirty(30)days of receiving the IRS notice of
revocation.
7.4. The Provider shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons.
7.5. Unless exempt under 2 CFR Part 170.110(b),the Provider shall comply with the reporting requirements of the
Transparency Act as expressed in 2 CFR 170.
7.6. To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number 1 1-116,
Provider agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the
employment of all new employees hired by Provider during the contract term. Provider shall include in related
subcontracts a requirement that subcontractors and/or vendors performing work or providing services pursuant
to the state contract utilize the E-verify system to verify employment of all new employees hired by the
subcontractor and/or vendor during the contract tern. Providers meeting the terms and conditions of the E-
Verify System are deemed to be in compliance with this provision.
8. Compliance with State Law
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8.1. This contract is executed and entered into in the State of Florida, and shall be construed, performed and 0.
enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws.
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8.2. The Provider shall comply with the requirements of s. 287.058, F.S. as amended.
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8.2.1. The Provider shall provide units of deliverables, including reporting, findings, and drafts,as specified in
this contract,which the Contract Manager must receive and accept in writing prior to payment. �.
8.2.2. The Contractor shall comply with the criteria and final date by which such criteria must be met
for completion ofthis contract as specified in ATTAC HME?-NT 1. Section Ill. Method of
Payment.
8.2.3. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient CL
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detail for a proper pre-audit and post-audit.
8.2.4. If itemized payment for travel expenses is permitted in this contract, the contractor will 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.
8.2.5. The Provider shall allow public access to all documents, papers, letters, or other public records as
defined in subsection 119.01 1(12), F.S., made or received by the contractor in conjunction with this
contract except for those records which are made confidential or exempt by law. The Provider's refusal
to comply with this provision shall constitute an immediate breach of contract for which the Alliance
for Aging, Inc. may unilaterally terminate the contract.
8.3. If clients are to be transported under this contract,the Provider shall comply with the provisions of Chapter
427, F.S., and Rule 41-2, F. A. C.
8.4. Subcontractors and/or vendors who are on the discriminatory vendor list may not transact business with any
public entity, in accordance with the provisions of s. 287.134, F.S.
8.5. The Provider will comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S., which prohibit the
expenditure of contract funds for the purpose of lobbying the legislature,judicial branch or a state agency.
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8.6. In accordance with Section 287.135 F.S., any Contractor on the Scrutinized Companies with Activities in
Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List(Lists),created pursuant to Section 215.473 F.S.and
215.4725, F.S., or is engaged in a boycott of Israel, or is engaged in business operations in Cuba or Syria, is
ineligible to enter into or renew a contract with the Department for goods or services of$1,000,000 or more.
Pursuant to Section 287.135 F.S.,the Alliance may terminate this contract if the Provider is found to have
submitted a false certification of its status on the Lists or has been placed on the Lists or is engaged in a
boycott of Israel or has been engaged in business operations in Cuba or Syria. Further,the Provider is
subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of
false certification. The Provider shall complete and sign the Certifications and Assurances Attachment, prior
to the execution of this contract.
9. Background Screening
9.1. The Provider shall comply with and ensure subcontractors are in compliance with the requirements of s.
430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons who
meet the definition of a direct service provider and who are not exempt from the Department's level 2
background screening pursuant to s. 430.0402(2)-(3), F.S. The Provider must also comply with any applicable
rules promulgated by the Department and the Agency for Health Care Administration regarding
implementation of s. 430.0402 and Chapter 435, F.S.
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9.2. Further information concerning the procedures for background screening is found at CL
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9.3. Background Screening Affidavit of Compliance -To demonstrate compliance with this contract, the Provider
shall submit ATTACHMENT D, Background Screening Affidavit of Compliance annually, by January 15th.
10. Grievance Procedures
The Provider shall comply with and ensure subcontractor and/or vendors compliance with the Minimum Guidelines
for Recipient Grievance Procedures, Appendix D, DOEA Programs and Services Handbook,to address complaints m
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regarding the termination, suspension or reduction of services, as required for receipt of funds.
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10.1. Complaint Procedures W
The Provider shall develop and implement complaint procedures and ensure that subcontractors and/or E
vendors develop and implement complaint procedures to process and resolve client dissatisfaction with U
services. Complaint procedures shall address the quality and timeliness of services, provider and direct service
worker complaints, or any other advice related to complaints other than termination, suspension or reduction
in services that require the grievance process as described in Appendix D, Department of Elder Affairs
Programs and Services Handbook. The complaint procedures shall include notification to all clients of the
complaint procedure and include tracking the date, nature of complaint,the determination of each complaint,
and the follow-up with the client to ensure satisfaction with the resolution
11. Public Records and Retention
1 1.1. By execution of this contract, Contractor agrees to all provisions of Chapter 119. F.S., and any
other applicable law, and shall:
11.1.1. keep and maintain public records required by the Department to perform the contracted services.
11.1.2. Upon request from the Department's custodian Of public records., provide the Department a copy
of the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119, F,S.. or as otherwise provided by
law.
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I I.1.3. Ensure that public records that are exempt. or confidential and exempt, from public records
disclosure requirements are not disclosed except as authorized by ImN for the duration of tile
contract term and following completion of the contract if the Contractor does not transfer the
records to the Department.
11.1.4. Upon completion of the contract,the Contractor twill either transfer,at no cost to the Alliance,all
public records in possession of the Contractor, or will keep and maintain public,records required
by the Department. If the Contractor transfers all public records to the Department upon
completion of the contract. Contractor- shall destroy any duplicate public records that are
exempt, or confidential and exempt. from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,the Contractor
shall meet all applicable- requirements for retaining public records. All records stored
electronically must be provided to the Department in a format that is compatible with the
information technology systems of the Department.
11.1 The Alliance ma} unilaterally cancel this contract, notwithstanding any other provisions of this
contract, for refusal by the Contractor to comply v- ith ATT'ACl1MF,NT I of this contract br not allo%ing
public access to all documents_ papers„ letters, or other material made or received by the Contractor in
conjunction with this contract, unless the records are exempt, or confidential and exempt, From Section
24(a)of Article I of the State Constitution and Section 1 19.07(1), F.S.
IF "THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, c
FLORIDA STATUTES, TO THIS; CONTRACTOR'S ILL;TV TO PROVIDE PUBLIC' RECORDS CL
RELATING TO THIS CONTRACT, CONTACT "CITE CCJSTODIAN OF PUBLIC RECORDS AT:
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Public Records Coordinator
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Florida Department of Elder
Affairs 4040 Esplanade Way
Tallahassee, Florida 32399
5 -414-2342
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12. Audits,Inspections,Investigations, Public Records and Retention
12.1. The Provider shall establish and maintain books, records and documents (including electronic storage media)
sufficient to reflect all assets, obligations, unobligated balances, income, interest and expenditures of funds
provided by the Alliance under this contract. Provider shall adequately safeguard all such assets and assure
they are used solely for the purposes authorized under this contract. Whenever appropriate, financial
information should be related to performance and unit cost data.
12.2. The Provider shall retain all client records, financial records, supporting documents, statistical records, and
any other documents (including electronic storage media)pertinent to this contract for a period of six(6)years
after completion of the contract or longer when required by law. In the event an audit is required by this
contract,records shall be retained for a minimum period of six(6)years after the audit report is issued or until
resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the
Alliance.
12.3. Upon demand, at no additional cost to the Alliance,the Provider will facilitate the duplication and transfer of
any records or documents during the required retention period in Paragraph 12.2.
12.4. The Provider shall assure that the records described in this section shall be subject at all reasonable times to
inspection, review,copying, or audit by Federal, State,or other personnel duly authorized by the Alliance.
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12.5. At all reasonable times for as long as records are maintained, persons duly authorized by the Alliance, DOEA
and Federal auditors,pursuant to 45 CFR Part 75, shall be allowed full access to and the right to examine any
of the Provider's contracts and related records and documents pertinent to this specific contract, regardless of
the form in which kept.
12.6. The Provider shall provide a financial and compliance audit to the Alliance as specified in this contract and
ensure that all related third-party transactions are disclosed to the auditor.
12.7. The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or
audits deemed necessary by the office of the DOEA's Inspector General pursuant to s. 20.055,F.S. Provider
further agrees that it shall include in related subcontracts a requirement that subcontractors and/or
vendors performing work or providing services pursuant to this contract agree to cooperate with the
Allianceci-Inspector General in any investigation ,audit,inspection ,review'2 or hearing pursuant to
Section 20.055(5), F.S. By execution of this contract the Provider understands and will comply with this
subsection.
13. Nondiscrimination-Civil Rights Compliance
13.1 The Provider shall execute assurances in ATTACHMENT VI that it will not discriminate against any person
in the provision of services or benefits under this contract or in employment because of age,race, religion, e
color, disability, national origin, marital status or sex in compliance with state and federal law and regulations. CL
The Provider further assures that all contractors, subcontractors, vendors, sub-grantees, or others with whom it
arranges to provide services or benefits in connection with any of its programs and activities are not
discriminating against clients or employees because of age, race, religion, color, disability, national origin, �?
marital status or sex.
13.2 During the term of this contract,the Provider shall complete and retain on file a timely, complete and accurate
Civil Rights Compliance Checklist attached to this contract.
13.3 The Provider shall establish procedures pursuant to federal law to handle complaints of discrimination
involving services or benefits through this contract. These procedures will include notifying clients, CL
employees,and participants of the right to file a complaint with the appropriate federal or state entity.
13.4 If this contract contains federal finds,these assurances are a condition of continued receipt of or benefit from o
federal financial assistance, and are binding upon the Provider, its successors, transferees, and assignees for
the period during which such assistance is provided. The Provider further assures that all subcontractors,
vendors, or others with whom it arranges to provide services or benefits to participants or employees in
connection with any of its programs and activities are not discriminating against those participants or
employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to
comply, the Provider understands that the Alliance may, at its discretion,seek a court order requiring
compliance with the terms of this assurance or seek other appropriate judicial or administrative relief,
including but not limited to,termination of and denial of further assistance.
14. Provision of Services
The Provider shall provide the services referred to in ATTACHMENT VII in the manner described in the DOEA
Programs & Services Handbook and the Provider's Service Provider Application(SPA). In the event of a conflict
between the Service Provider Application and this contract,the contract language prevails.
15. Monitoring by the Alliance
The Provider shall permit persons duly authorized by the Alliance to inspect and copy any records,papers,
documents, facilities, goods and services of the Provider which are relevant to this contract, and to interview any
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clients, employees and subcontractor/vendor employees of the Provider to assure the Alliance of the satisfactory
performance of the terms and conditions of this contract. Following such review,the Alliance will deliver to the
Provider a written report of its findings, and where appropriate,the Provider shall develop a Corrective Action Plan
(CAP). The Provider hereby agrees to timely correct all deficiencies identified in the CAP.
16. Coordinated Monitoring with Other Agencies
If the Provider receives funding from one or more of the State of Florida human service agencies, in addition to
Alliance funding, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of
this contract,and pursuant to s. 287.0575,F.S. as amended, Florida's human service agencies shall include the
Department of Children and Families, the Department of Health,the Agency for Persons with Disabilities,the
Department of Veterans Affairs,and the Department of Elder Affairs. Upon notification and the subsequent
scheduling of such a visit by the designated agency's lead administrative coordinator,the Provider shall comply and
cooperate with all monitors, inspectors,and/or investigators.
17. Indemnification
The Provider shall indemnify, save, defend,and hold harmless the Alliance and its agents and employees from any
and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the
execution of this agreement or performance of the services provided for herein. It is understood and agreed that the
Provider is not required to indemnify the Alliance for claims,demands,actions or causes of action arising solely out
of the Alliance's negligence.
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17.1 Except to the extent permitted by s. 768.28, F.S.,or other Florida law, Paragraph 15 is not applicable to CL
contracts executed between the Alliance and state agencies or subdivisions defined in s. 768.28(2), F.S.
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18. Insurance and Bonding
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18.1 The Provider shall provide continuous adequate liability insurance coverage during the existence of this
contract and any renewal(s)and extension(s) of it. By execution of this contract, unless it is a state agency or
subdivision as defined by subsection 768.28(2), F.S.,the Provider accepts full responsibility for identifying
and determining the type(s)and extent of liability insurance necessary to provide reasonable financial
protections for the Provider and the clients to be served under this contract. The Alliance shall be included as
an additional insured on the provider's liability insurance policy or policies and a copy of the Certificate of CL
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Insurance shall be provided annually or when any changes—occur. The limits of coverage under each policy
maintained by the Provider do not limit the Provider's liability and obligations under this contract. The
Provider shall ensure that the Alliance has copy of the most current written verification of insurance coverage
throughout the term of this contract. Such coverage may be provided by a self-insurance program established
and operating under the laws of the State of Florida. The Alliance reserves the right to require additional
insurance as specified in this contract.
18.2 Throughout the term of this agreement, the Provider shall maintain an insurance bond from a responsible
commercial insurance company covering all officers, directors, employees and agents of the Provider
authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this
contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by
the insurance company and consistent with good business practices.
19. Confidentiality of Information
The Provider shall not use or disclose any information concerning a recipient of services under this contract for any
purpose prohibited by state or federal law or regulations except with the written consent of a person legally
authorized to give that consent or when authorized by law.
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20. Health Insurance Portability and Accountability Act
Where applicable, the Provider shall comply with the Health Insurance Portability and Accountability Act(42 USC
1320d.), as well as all regulations promulgated thereunder(45 CFR 160, 162, and 164).
21. Incident Reporting
21.1 The Provider shall notify the Alliance immediately but no later than forty-eight(48)hours from the Provider's
awareness or discovery of conditions that may materially affect the Provider's, subcontractor's or vendor's
ability to perform the services required to be performed under any contract. Such notice shall be made orally
to the Contract Manager(by telephone)with an email to immediately follow.
21.2 The Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child,aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone
number(1-800-96ABUSE). As required by Chapters 39 and 415, F.S.,this provision is binding upon the
Provider, subcontractors, vendors, and their employees.
22. Bankruptcy Notification
If, at any time during the term of this contract,the Provider, its assignees, subcontractors, vendors or affiliates files a
claim for bankruptcy,the Provider must immediately notify the Alliance. Within ten(10) days after notification, the
Provider must also provide the following information to the Alliance: (1)the date of filing of the bankruptcy
petition; (2)the case number; (3)the court name and the division in which the petition was filed(e. g.,Northern C
District of Florida, Tallahassee Division); and, (4)the name, address, and telephone number of the bankruptcy CL
attorney.
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23. Sponsorship and Publicity
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23.1 As required by s. 286.25, F.S., if the Provider is a non-governmental organization which sponsors a program
financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in
publicizing, advertising,or describing the sponsorship of the program, state: "Sponsored by(Provider's
name),the State of Florida Department of Elder Affairs and the Alliance for Aging, Inc." If the sponsorship
reference is in written material,the words "State of Florida,Department of Elder Affairs"and"Alliance for
Aging,Inc."shall appear in at least the same size letters or type as the name of the organization. CL
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23.2 The Provider shall not use the words"The State of Florida Department of Elder Affairs"or"Alliance for
Aging,Inc."to indicate sponsorship of a program otherwise financed, unless specific authorization has been
obtained by the Alliance prior to use.
2 . Assignments
24.1 The Provider shall not assign the rights and responsibilities under this Contract without the prior written
approval of the Alliance, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer
otherwise occurring without prior written approval of the Alliance will constitute a material breach of the
contract.
24.2 The Alliance shall at all times be entitled to assign or transfer, in whole or part, its rights,duties,or
obligations under this contract to another agency upon giving prior written notice to the Provider. In the event
the Alliance approves transfer of the Provider's obligations,the Provider remains responsible for all work
performed and all expenses incurred in connection with the contract.
24.3 This contract shall remain binding upon the successors in interest of either the Provider or the Alliance.
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25. Subcontracts
25.1 The Provider is responsible for all work performed pursuant to this contract whether actually furnished by the
provider or its subcontractors and/or vendors. Any subcontracts shall be evidenced by a written document and
subject to any conditions of approval the Alliance for Aging deems necessary. The Provider must ensure that
the Alliance has a current list of all subcontractors and/or vendors. The Provider further agrees that the
Alliance shall not be liable to the subcontractor and/or vendor in any way or for any reason. The Provider, at
its expense, shall defend the Alliance against any such claims.
25.2 The Provider shall promptly pay any subcontractors and/or vendors upon receipt of payment from the
Alliance. Failure to make payments to any subcontractor and/or vendor in accordance with s. 287.0585, F.S.,
unless otherwise stated in the contract between the Provider and subcontractor and/or vendor, will result in a
penalty as provided by statute.
26. Independent Capacity of Provider
It is the intent and understanding of the Parties that the Provider, or any of its subcontractors and/or vendors, are
independent contractors and are not employees of the Alliance and shall not hold themselves out as employees or
agents of the Alliance without specific authorization from the Alliance. It is the further intent and understanding of
the Parties that the Alliance does not control the employment practices of the Provider and shall not be liable for any
wage and hour, employment discrimination, or other labor and employment claims against the Provider or its
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subcontractors and/or vendors. All deductions for social security, withholding taxes, income taxes, contributions to c
unemployment compensation funds and all necessary insurance for the Provider shall be the sole responsibility of CL
the Provider.
27. Payment
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27.1. Payments will be made to the Provider pursuant to s. 215.422, F.S., as services are rendered and invoiced by M
the Provider. The Alliance will have final approval of the invoice for payment, and will approve the invoice �.
for payment only if the Provider has met all terms and conditions of the contract, unless the bid specifications,
purchase order, or this contract specify otherwise. The approved invoice will be submitted to the Alliance's
fiscal section for budgetary approval and processing. Disputes arising over invoicing and payments will be
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resolved in accordance with the provisions of s. 215.422 F.S.
27.2. The Provider agrees to submit bills for fees or other compensation for services or expenses in sufficient detail
for a proper pre audit and post audit thereof. The contractor shall comply with the particular requirements
under the following laws and guidelines that are applicable to the contracts or agreements incorporating in this
Contract by reference: (a)paragraph(16)(b)of section 216.181, F.S., regarding advances; (b) Rule 69I-
40.103 F.A.C. pertaining to Restriction of Expenditures from state funds; and, (c)the Invoice Requirements of
the Reference Guide for State Expenditures from the Department of Financial Services at:
Lit! 3 'by.�"t._I ?t tlori�igac. 4.wn a #d r; fi ren c Jd R, tL1% 1(CC G ;J1 i tit` �tJt
_.__... ...
_ .u..r _ ___.._.._ ---- __..._ . _ ._
The Provider will certify that detailed documentation is available to support each item on the itemized invoice
or payment request for cost reimbursed expenses, fixed rate or deliverables contracts or agreements
incorporating this Contract by reference, including paid subcontractor and/or vendor invoices, and will be
produced upon request by the Alliance. The Provider will further certify that reimbursement requests are only
for allowable expenses as defined in the laws and guiding circulars cited in Sections 4 of this Contract, in the
Reference Guide for State Expenditures, and any other laws or regulations, as applicable.
27.3. The Provider, its subcontractors and/or vendors shall provide units of deliverables, including reports, findings,
and drafts as specified in the contracts or agreements and attachments which incorporate this Contract to be
received and accepted by the Contract Manager prior to payment.
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27.4. Payments will be made to the Provider based on a complete and correct invoice, invoices that are incomplete
or with incorrect total will not be processed and will be returned to the Provider for correction. Fiscal staff
will not be able to correct or make changes to the invoices. Returning invoices for corrections may result in
failure to receive payment for that month. Invoices shall be submitted timely as per ATTACHMENT VIII in
order to avoid any payment delays.
27.5. Each service performed shall be recorded as specified in the client information and registration tracking
system (CIRTS)guidelines. Supporting documentation of services provided must be adequate to permit fiscal
and programmatic evaluation, and ensure internal management.
28. Return of Funds
The Provider will return to the Alliance any overpayments due to unearned funds or funds disallowed and any
interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the
Provider by the Alliance. In the event that the Provider or its independent auditor discovers that an overpayment has
been made,the Provider shall repay said overpayment immediately without prior notification from the Alliance. In
the event that the Alliance first discovers an overpayment has been made, the Contract Manager, on behalf of the
Alliance, will notify the Provider by letter of such findings. Should repayment not be made forthwith,the Provider
will be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after Alliance
notification or Provider discovery. E
29. Data Integrity and Safeguarding Information c
The Provider and its subcontractors and/or vendors shall insure an appropriate level of data security for the CL
information the Provider is collecting or using in the performance of this contract. An appropriate level of security
includes approving and tracking all Provider employees that request system or information access and ensuring that
user access has been removed from all terminated employees. The Provider, among other requirements, must �?
anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely
backed up to ensure recovery from I osses or outages of the computer system. The security over the backed-up data
is to be as stringent as the protection required of the primary systems. The Provider shall ensure all subcontractors
and/or vendors maintain written procedures for computer system back-up and recovery. The Provider shall complete
and sign ATTACHMENT IV prior to the execution of this contract.
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30. Computer Use and Social Media Policy
The DOEA has implemented a new Social Media Policy, in addition to its Computer Use Policy,which applies to
all employees, contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third E
parties, such as,but not limited to,Area Agencies on Aging and vendors. Any entity that uses the DOEA's
computer resource systems must comply with the DOEA's policy regarding social media. Social Media includes,
but is not limited to blogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing, social networks like
MySpace, Facebook and Twitter, as well as content sharing networks such as Flickr and YouTube. This policy is
available on DOEA's website at: (tr r�lci �li;i� � � _#d ,, k �I
31. Conflict of Interest
The Provider shall establish safeguards to prohibit employees, board members, management and subcontractors
and/or vendors from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain. No employee, officer or agent of the Provider or subcontractor
and/or vendor shall participate in selection, or in the award of an agreement supported by State or Federal funds if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a)the employee, officer
or agent; (b)any member of his/her immediate family; (c)his or her partner, or; (d) an organization which employs,
or is about to employ, any of the above,has a financial or other interest in the firm selected for award. The Provider
or any subcontractor's and/or vendor's officers,employees or agents will neither solicit nor accept gratuities, favors
or anything of monetary value from contractors,potential contractors, or parties to subcontracts. The 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 within thirty(30)calendar days of an individual's original appointment or placement in
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that position,or if the individual is serving as an incumbent, within thirty (30)calendar days of the commencement
of this contract. The Provider's employees and subcontractors and/or vendors must make the same disclosures
described above to the Provider's board of directors. Compliance with this provision will be monitored.
32. Public Entity Crime
Pursuant to s. 287.133, F.S.,the following restrictions are placed on the ability of persons convicted of public entity
crimes to transact business with the Alliance. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids,proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,
vendor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
33. Emergency Preparedness and Continuity of Operations
33.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the
administration and coordination of services necessary for client health, safety or welfare,the Provider shall,
within thirty(30)calendar days of the execution of this contract, submit to the Contract Manager verification M
of an emergency preparedness plan(Continuity of Operations Plan.) In the event of an emergency,the CD
0
Provider shall notify the Alliance of emergency provisions. The Continuity of Operations Plan (COOP)must CL
address continuity of services, especially for meal providers, in weather and non-weather-related emergencies. et
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33.2 In the event a situation results in a cessation of services by a subcontractor and/or vendor,the Provider shall �?
retain responsibility for performance under this contract and must follow procedures to ensure continuity of
operations without interruptions.
33.3 Contractors offering nutrition services must have an Alliance approved shelf stable menu with at least 3 days'
worth of shelf stable meals with reserved funds set aside to purchase the food items in order to ensure
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continuity of services without interruptions in weather and no-weather related emergencies.
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34. Use of Contract Funds to Purchase Equipment
No funds under this contract will be used by the Provider to purchase equipment.
Equipment means: (a)an article of nonexpendable,tangible personal property having a useful life of more than one
year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the
organization for the financial statement purposes,or$5,000.00 [for federal funds], or(b); nonexpendable,tangible
personal property of a non-consumable nature with an acquisition cost of$1,000.00 or more per unit, and expected
useful life of at least one year; and hardback bound books not circulated to students or the general public, with a
value or cost of$250.00 or more [for state funds].
35. The PUR 1000 Form is hereby incorporated by reference and available at:
111 )-__ t mm,1! lit?_
In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contract or agreement
terms or conditions the contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or
conditions in the PUR 1000 Form are required by any section of the Florida Statutes,the terms or conditions
contained in the PUR 1000 Form shall take precedence.
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36. Use of State Funds to Purchase or Improve Real Property
No funds under this contract will be used by the Provider to purchase or improve Real Property.
Any state funds provided for the purchase of or improvements to real property are contingent upon the Provider or
political subdivision granting to the state a security interest in the property at least to the amount of state funds
provided for at least 5 years from the date of purchase or the completion of the improvements or as further required
by law.
37. Dispute Resolution
Any dispute concerning performance of the contract shall be decided by the Contract Manager,who shall reduce the
decision to writing and serve a copy on the Provider.
38. Financial Consequences of Non-Performance
38.1 If the Provider fails to meet the minimum level of service or performance identified in this agreement, or that
is customary for the industry,then the Alliance may apply financial consequences commensurate with the
deficiency as referenced in ATTACHMENT I, Sec. 3.5.2. Financial consequences may also include contract
suspension, refusing payment,withholding payments until deficiency is cured, tendering only partial
payments, and/or cancellation of contract and reacquiring services from an alternate source.
38.2 The Provider shall not be charged with financial consequences, when a failure to perform arises out of causes
that were the responsibility of the Alliance. c
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39. No Waiver of Sovereign Immunity
Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which c,
sovereign immunity may be applicable.
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40. Venue
If any dispute arises out of this contract,the venue of such legal recourse will be Miami-Dade County, Florida. F
41. Entire Contract y
This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or
representations shall be valid or binding upon the Alliance or the Provider unless expressly contained herein or by a CL
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written amendment to this contract signed by both Parties.
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42. Force Majeure
The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control,
provided the party experiencing the force majeure condition provides immediate written notification to the other
party and takes all reasonable efforts to cure the condition.
43. Severability Clause
The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable,
the other provisions are severable to that void provision and shall remain in full force and effect.
44. Condition Precedent to Contract: Appropriations
The Parties agree that the Alliance's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature.
45. Addition/Deletion
The Parties agree that,notwithstanding the terms of the procurement documents and actions leading to this contract,
the Alliance reserves the right to add or to delete any of the services required under this contract when deemed to be
in the best interest of the elder population targeted by the Area Plan and reduced to a written amendment signed by
both Parties. The Parties shall negotiate compensation for any additional services added.
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46. Waiver
The delay or failure by the Alliance to exercise or enforce any of its rights under this contract shall not constitute or
be deemed a waiver of the Alliance's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
47. Compliance
The Provider shall abide by all applicable current federal statutes, laws,rules and regulations as well as applicable
current State statutes, laws, rules and regulations. The Parties agree that failure of the Provider to abide by these
laws shall be deemed an event of default of the Provider, and subject the contract to immediate, unilateral
cancellation of the contract at the discretion of the Alliance.
48. Final Invoice
The Provider shall submit the final invoice for payment to the Alliance as specified in section 3.4.7 (date for final
request for payment)of ATTACHMENT I. If the Provider fails to submit final request for payment by the deadline,
then all rights to payment may be forfeited and the Alliance may not honor any requests submitted after the
aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from
the Provider and necessary adjustments thereto have been approved by the Alliance.
49. Renegotiations or Modifications
Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly CO
signed by both parties. eL
50. Suspension of Work: U
The Alliance may in its sole discretion suspend any or all activities under this Contract and any Contract or
agreement incorporating in this Contract, at any time, when in the best interests of the State to do so. The Alliance
shall provide the Provider written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such
circumstances. After receiving a suspension notice,the Provider shall comply with the notice and shall not accept
any purchase orders. Within ninety days, or any longer period agreed to by the Provider,the Alliance shall either(1) a)
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issue a notice authorizing resumption of work, at which time activity shall resume, or(2)tenminate the Contract or M
purchase order. Suspension of work shall not entitle the Provider to any additional compensation. CL
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51. Termination
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51.1 This contract may be terminated by either parry without cause upon no less than thirty(30)calendar days'
notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall
be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or
by hand delivery to the Contract Manager or the representative of the Provider responsible for administration
of the contract.
51.2 In the event funds for payment pursuant to this contract become unavailable, the Alliance may terminate this
contract upon no less than twenty-four(24)hours' notice in writing to the Provider. Said notice shall be
delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by
hand delivery to the Contract Manager or the representative of the Provider responsible for administration of
the contract. The Alliance will be the final authority as to the availability and adequacy of funds. In the event
of termination of this contract,the Provider will be compensated for any work satisfactorily completed prior
to the date of termination.
51.3 Termination for Cause
This contract may be terminated for cause by the Alliance upon no less than twenty-four(24)hours' notice in
writing to the Provider. Waiver of breach of any provisions of this contract shall not be deemed to be a
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waiver of any other breach and shall not be construed to be a modification of the terms and conditions of this
contract. The provisions herein do not limit the Alliance's or the Provider's rights to remedies at law or in
equity.
51.4 Failure to have performed any contractual obligations with the Alliance in a manner satisfactory to the
Alliance will be a sufficient cause for termination. To be terminated as a contractor under this provision,the
Provider must have(1)previously failed to satisfactorily perform in a contract with the Alliance, been notified
by the Alliance of the unsatisfactory performance and failed to correct the unsatisfactory performance to the
satisfaction of the Alliance; or(2)had a contract terminated by the Alliance for cause.
51.5. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and
shall not be construed to be a modification of the terms and conditions of this contract. The provisions herein
do not limit the Alliance's right to remedies at law or to damages of a legal or equitable nature.
51.6. Upon termination of this contract,the Provider, its subcontractors and/or its vendors shall, at no cost to the
Alliance,transfer all public records in their procession to the Alliance and destroy any duplicate records that
are exempt, or confidential and exempt,from public records disclosure requirements. All records stored
electronically shall be provided to the Alliance in a format that is compatible with the information technology
systems of the Alliance. E
52. Electronic Records and Signature
The Alliance authorizes, but does not require,the Provider to create and retain electronic records and to use CL
electronic signatures to conduct transactions necessary to carry out the terms of this Contract. A contractor that
creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the
requirements contained in the Uniform Electronic Transaction Act, s. 668.50, Fla. Stat. All electronic records must
be fully auditable; are subject to Florida's Public Records Law, ch. 119,Fla. Stat.; must comply with section 28,
Data Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained
and maintained by the Provider to the same extent as non-electronic records are retained and maintained as required
by this Contract. r"
52.1. The Alliance's authorization pursuant to this section does not authorize electronic transactions between the
Provider and the Alliance. The Provider is authorized to conduct electronic transactions with the Alliance only CL
C;
upon further written consent by the Alliance.
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52.2. Upon request by the Alliance, the Provider shall provide the Alliance or DOEA with non-electronic(paper)
copies of records.Non-electronic(paper) copies provided to the Alliance of any document that was originally
in electronic form with an electronic signature must indicate the person and the person's capacity who
electronically signed the document on any non-electronic copy of the document.
53. Special Provisions:
The Provider agrees to the following provisions:
53.1 Investigation of Criminal Allegations:
Any report that implies criminal intent on the part of the Provider or any subcontractors and/or vendors and
was referred to a governmental or investigatory agency must be sent to the Alliance. If the Provider has reason
to believe that the allegations will be referred to the State Attorney,a law enforcement agency,the United
States Attorney's office, or other governmental agency,the Provider shall notify the Alliance immediately. A
copy of all documents, reports, notes or other written material concerning the investigation, whether in the
possession of the Provider, its subcontractors, or vendors,must be sent to the Alliance's contract manager
with a summary of the investigation and allegations.
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53.2 Volunteers:
The Provider shall ensure the use of trained volunteers in providing direct services delivered to older
individuals and individuals with disabilities needing such services. If possible,the Provider shall work in
coordination with organizations that have experience in providing training, placement, and stipends for
volunteers or participants(such as organizations carrying out federal service programs administered by the
Corporation for National and Community Service),in community service settings.
54. Enforcement:
54.1 In accordance with Section 430.04, F.S.,the Alliance may, without taking any intermediate measures
available to it against this Contract rescind this Contract if the Alliance finds that:
54.2 An intentional or negligent act of the Provider has materially affected the health,welfare,or safety of clients
served pursuant to any contract or agreement,or substantially and negatively affected the operation of services
covered under any contract or agreement;
54.3 The Provider lacks financial stability sufficient to meet contractual obligations or that contractual funds have
been misappropriated; E
54.4 The Provider has committed multiple or repeated violations of legal and regulatory standards, regardless of CD
whether such laws or regulations are enforced by the Alliance, or the Provider has committed or repeated CL
violations of Alliance standards;
54.5 The Provider has failed to continue the provision or expansion of services after the declaration of a state of
emergency; and/or
54.6 The Provider has failed to adhere to the terms of any contract or agreement incorporating in this Contract.
54.7 In the alternative,the Alliance may, at its sole discretion, in accordance with section 430.04,F.S.,takeCD
ai
immediate measures against the Provider, including: corrective action, unannounced special monitoring, M
temporary assumption of the operation of one or more contractual services, placement of the Provider on
probationary status,imposing a moratorium on Provider action, imposing financial penalties for
nonperformance, or other administrative action pursuant to Chapter 120, F.S.
54.8 In making any determination under this provision the Alliance may rely upon the findings of another state or
federal agency, or other regulatory body. Any claims for damages for breach of any contract or agreement are
exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of
Miami-Dade County.
55. Training
The Provider will attend all required trainings and meetings schedule by the Alliance.
56. Official Payee and Representatives (Name, Address, and Telephone Numbers)
The name, address, and telephone number of the representative for the Alliance for this contract is:
Max B. Rothman, JD, LL.M. President and CEO
760 NW 107th Ave, Suite 214
Miami, Florida 33172
(305) 670-6500, Ext. 224
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The name, address, and telephone number of the representative of the Contractor responsible for administration of the
program under this contract is:
Monroe County Board of County Commissioners,
The Contractor name, as shown on page I of Social Services/In-Home Services
A this contract, and mailing address of the official 1100 Simonton Street, 2"a Floor
payee to whom the payment shall be made is: Key West, FL 33040
305-292-4510
Sheryl Graham
The name of the contact person of the Monroe County Board of County Commissioners,
B Contractor and street address where financial Social Services/In-Home Services
and administrative records are maintained is: 1100 Simonton Street, 2"a FloorKey West, FL 33040
305-292-4510
Sheryl Graham
The name, address, and telephone number of Monroe County Board of County Commissioners,
c the representative of the Provider responsible Social Services/In-Home Services
for administration of the program under this 1100 Simonton Street, 2M Floor
contract is: Key West, FL 33040 E
305-292-4510
CD
Alliance for Aging, Inc.
The section and location within the AAA where Fiscal Department
d Requests for Payment and Receipt and 760 NW 107th Avenue, Suite 214
Expenditure forms are to be mailed is: Miami,Florida 33172-3155
CJ
305-670-6500
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Contract Monitor
The name, address, and telephone number of Alliance for Aging, Inc.
e the Contract Manager for the AAA for this 760 NW 107th Avenue, Suite 214
contract is: Miami, Florida 33172-3155
305-670-6500
Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in
writing to the other party and the notification attached to the originals of this contract.
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57. All Terms and Conditions Included
This contract and its ATTACHMENTS I, II, III, VI, VII, VIII, IX, X, B, D, F, and G and any exhibits referenced in
said attachments,together with any documents incorporated by reference, contain all the terms and conditions
agreed upon by the Parties. There are no provisions,terms, conditions, or obligations other than those contained
herein, and this contract shall supersede all previous communications, representations or agreements, either written
or verbal between the Parties.
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By signing this contract,the Parties agree that they have read and agree to the entire contract.
IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials
as duly authorized.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, SOCIAL
SERVICES/IN-HOME SERVICES ALLIANCE FORAGING, INC.
SIGNED BY: SIGNED BY:
NAME: i O t I' NAME: MAX B. OTHMAN, JD, LL.M.
TITLE: _. TITLE: PRESIDENT AND CEO
DATE: 1 DATE:
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FORM
40
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3/29/21 �+
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INDEX TO CONTRACT ATTACHMENTS
ATTACHMENT ATTACHMENT DESCRIPTION PAGE
ATTACHMENT I STATEMENT OF WORK 19-30
ATTACHMENT II FINANCIAL COMPLIANCE AUDIT ATTACHMENT 31-33
ATTACHMENT II AUDIT REPLATIONSHIP DETERMINATION 34-35
EXHIBIT 1
ATTACHMENT II FEDERAL RESOURCES AWARDED PURSUANT TO THIS 36
EXHIBIT 2 AGREEMENT
ATTACHMENT III CERTIFICATIONS AND ASSURANCES 37-42
ATTACHMENT VI ASSURANCES—NON-CONSTRUCTION PROGRAMS 43-44
ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE 45
ATTACHMENT VIII CONTRACT REPORT CALENDAR 46
ATTACHMENT IX REQUEST FOR PAYMENT 47
ATTACHMENT X RECEIPT AND UNIT COST REPORT 48 c
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ATTACHMENT B DEPARTMENT OF ELDER AFFAIRS' CIVIL RIGHTS COMPLIANCE 49-54
CHECKLIST AND INSTRUCTIONS c,
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ATTACHMENT D BACKGROUND SCREENING—AFFIDAVIT OF COMPLIANCE 55
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ATTACHMENT F BUSINESS ASSOCIATE AGREEMENT 56-61
ATTACHMENT G ADRC POLICY AND PROCEDURES FOR OUTSOURCED 62-66
FUNCTIONS
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ATTACHMENT I
ALLIANCE FOR AGING, INC.
STATEMENT OF WORK
Coronavirus Consolidated Appropriations Act
SECTION I: SERVICES TO BE PROVIDED
1.1 Alliance for Aging,Inc. Mission Statement
The Alliance mission is to promote and advocate for the optimal quality of life for older adults and their families.
1.2 Program Specific Terms
Area Plan: A plan developed by the area agency on aging outlining a comprehensive and coordinated service
delivery system in its planning and service area in accordance with the Section 306(42 U.S.C. 3026)of the
Coronavirus Consolidated Appropriations Act(CCAA)and DOEA instructions.
Area Plan Update: A revision to the area plan wherein the Alliance enters CCAA Act specific data in the
Client Information and Registration Tracking System (CIRTS). An update may also include other revisions to
the area plan as instructed by the DOEA. E
Child: An individual who is not more than 18 years of age or an individual with disability. c
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Disaster Relief Services: ACL considers disaster relief services for older individuals to be any allowable
OAA services during the period covered by Florida's MDD that are provided to eligible older individuals or c,
family caregivers as defined under the OAA.
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Family Caregiver: An adult family member, or another individual, who is an informal provider of in-home and
community care to an older individual.
Frail: When an older individual is unable to perform at least two activities of daily living(ADLs)without m
substantial human assistance, including verbal reminding, physical cueing or supervision; or due to cognitive or
other mental impairment, requires substantial supervision because the individual behaves in a manner that poses CL
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a serious health or safety hazard to the individual or to another individual.
Grandparent: A grandparent or step-grandparent of a child, or a relative of a child by blood, marriage or
adoption and who lives with the child; is the primary caregiver of the child because the biological or adoptive
parents are unable or unwilling to serve as the primary caregiver of the child; and has a legal relationship to the
child, such as legal custody or guardianship, or is raising the child informally.
Major Disaster Declaration (MDD): States may request and receive an MDD by the President under the
Stafford Act. Florida's request has been approved, which permits the Department and Contractor to use any
portion of the funds made available under sections of CCAA for disaster relief for older individuals. These
flexibilities are only allowed during the period of the MDD. The Contractor will be notified via Notice of
Instruction once the MDD period has ended, at which time these flexibilities will be waived and the Contractor
must provide services in compliance with CCAA.
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1.3 General Description
1.3.1 General Statement
The primary purpose of the CCAA Program is to prevent, prepare for,and respond to coronavirus by
providing nutrition services to older individuals and their caregivers.
1.3.2 Authority
All applicable federal laws. regulations, action transmittals, program instructions, review guides and
similar documentation related to the following:
a. Catalog of Federal Domestic. Assistance No. 93.041 93.0444 93.045. 93.051 and 93.053,
b. Older Americans Act of 1965, as amended 2016-
c. CoronavirtEs Consolidated Appropriations Act and t nited States Code 247d.
d. 42 U.S.C. §303, 42 U.S.C. §604,
e. Rule 58A-1, Florida Administrative Code (FAC),
f. Section 430,101. Florida Statutes (F.S.), and
g. DOLA Programs and Services handbook,
o.0 ill,— _lII Ia =[tS
1.3.3 Scope of Service
The Contractor is responsible for the programmatic, fiscal, and operational management of the CCAA e
Program within its designated PSA. The program services shall be provided in a manner consistent with the CL
Contractor's current Area Plan, as updated and hereby incorporated by reference, and the current DOEA
Programs and Services Handbook.
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1.3.4 Major Program Goals
The major goals of the CCAA program are to prevent, prepare for, and respond to coronavirus by providing
nutrition services to older individuals and their caregivers.
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1.3.5 Leadership and Advocacy
As a designated Focal Point, a provider is encouraged to provide coordination of services for older
individuals. The Provider must also provide community leadership on aging issues and serve as the advocate E
and focal point for the elderly within the community in cooperation with agencies, organizations and
individuals participating in activities funded by the Alliance. Advocacy should include initiating positive
changes in public or private policies and attitudes towards older persons, taking action to improve, modify, or
eliminate situations which adversely impact on lives of older persons, or expressing support for older persons
and their interests. Advocacy activities may be broadly supportive of the general interests of older persons or
may involve specific activities on behalf of individuals.
1.4 Clients to Be Served
1.4.1 General Description
The CCAA Program gives preference to older individuals with greatest economic need and older individuals
with greatest social need(with particular attention to low-income older individuals, including low-income
minority older individuals, older individuals with limited English proficiency, and older individuals residing in
rural areas), and clients who are practicing social distancing due to the COVID-19 public.
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1.4.1.1 CCAA, General Client Eligibility
a. CCAA Program
Consumers shall not be dually enrolled in the CCAA Act Program and a Medicaid capitated Long-Term
Care Program.
b. CCAA for Nutrition Services under Title III-C of the Older Americans Act
General factors that shall be considered in establishing priority for the receipt of nutrition services
include those older persons who:
i. Cannot afford to eat adequately;
ii. Lack the skills or knowledge to select and prepare nourishing and well-balanced meals;
iii. Have limited mobility which may impair their capacity to shop and cook for themselves;
iv. Have a disabling illness or physical condition requiring nutritional support;
v. Have been screened at a high nutritional risk; or
vi. Is unable to obtain nutrition because the individual is practicing social distancing due to the
emergency (only during the period of the COVID-19 public health emergency declared under
section 319 of the Public Health Service Act [(42 U.S.C. 247d)].
vii. In addition to meeting the general nutrition services eligibility requirements listed in Section
I.C.2.c. above, individuals eligible to receive nutrition services include the following:
(1) Individuals age sixty(60)or older; 0
(2) Any spouse (regardless of age) who resides at home with or attends the dining center with ei
his/her eligible spouse;
(3) Persons with a disability, regardless of age, who reside in a housing facility occupied U
primarily by older individuals where congregate nutrition services are provided or home
delivered meals are delivered;
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(4) Disabled persons who reside at home with or accompany an eligible person to the dining
center;
(5) Volunteers, regardless of age,who reside at home with or provide essential services on a
regular basis during meal hours; y
(6) Persons at nutritional risk who have physical, emotional, or behavioral conditions which
would prevent them from obtaining nutrition; and CL
(7) Persons at nutritional risk who are socially or otherwise isolated and unable to obtain
nutrition.
SECTION 1I—MANNER OF SERVICE PROVISION
2.1 Service Tasks
In order to achieve the goals of the CCAA program,the Provider shall ensure the following tasks:
(1) Client Eligibility Determination: The Provider shall ensure that applicant data is evaluated annually to
determine eligibility prior to rendering services. Eligibility to become a client is based on meeting the
requirements described in this Contract.
(2) Targeting and Screening of Service Delivery for New Clients: The Provider shall develop and implement
policies and procedures consistent with CCAA targeting and screening criteria.
(3) Program Services: The Provider shall ensure the provision of a continuum of services that meets the diverse
needs of elders and their caregivers. The Provider shall ensure the performance and report performance of
the following services are in accordance with the current DOEA Programs and Services Handbook.
(4) Program Eligibility Requirements
a. Eligibility Criteria
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Entities must meet the following criteria to be eligible for program participation:
i. An agency that has received a grant under CCAA. and
ii. A nutrition service provider that serves meals and is under the jurisdiction, control.
management and audit authority of the Area Agency on Aging and the Florida
Department of Elder Affairs.
b. Provider's Nutrition Service Operations
The Contractor shall ensure the nutrition service operations ofthe provider meet the requirements
of this contract, as well as any other-applicable regulations and policies prescribed by the current
DOEA Programs and Services Handbook,the Department of l lealth and Iluman Services,
USDA_ DOH and local health departments. DBPR. or any other agency designated to inspect
meal quality for the State. The Contractor must agree to notify the Alliance of any sanitation
inspections, especially those that include high priority violations and provide a copy of the report
to the Alliance within 24 hours. Closures must be reported in-miediately. All subcontracted food
service vendors 111rrst provide a written corrective action plan to the Nutrition Provider for any
high priority or significant findings on sanitation inspections. The corrective action plans must be
approved by the Provider's RD and submitted to the Alliance to ensure that deficiencies are
remedied.
c. Prescribed Nutritional Requirements
The Contractor shall ensure that each meal provided under this contract meets the following
criteria:
i. Complies with the current Dietary Guidelines for Americans, published by the Secretaries of
the Department of Health and Human Services and the Department of Agriculture; CL
ii. Provides a minimum of 33 1/3 percent of the dietary reference intakes/adequate intakes for an
age 70+female as established by the Food and Nutrition Board of the National Academy of c
Sciences; and
iii. Is served from and approved Alliance menu.
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(5) Monitorin- the performance of its subcontractors and/or-vendors
(6) Comply with the Alliance's Nutrition policies and procedures
2.2 Use of Subcontractors and/or Vendors �
If this contract involves the use of a subcontractor and/or vendor.then the Provider shall not delay the CL
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implementation of its agreement with the SUbcontractor or vendor. If any circumstance occurs that may result
in a delay for a period of sixty (60) days or more the initiation of the subcontract/vendor or the pert-ormance
of the subcontractor/vendor, the Provider shall notify the Alliance Contract Manager in writing of such delay.
The Provider shall not permit a subcontractor/vendor to perform services related to this contract without
having a binding subcontractor/vendor agreement executed. The Alliance will not be responsible or liable for
any obligations or claims resulting from such action.
2.2.1 Copies of Subcontracts/Vendors
The Provider shall submit a copy of all subcontracts and/or vendors to the Alliance Contract Manager
within thirty (30) days of execution of each subcontract agreement. Throughout the contract period,
the Provider shall immediately submit and changes to subcontractors to the Alliance Contract
Manager.
2.2.2 Monitoring the Performance of S ubcontractors and/or Vendors
The Provider shall monitor, at least once per year, each of its subcontractors, sub-recipients,
vendors, and/or consultants paid from funds provided under this contract.
a. Sub-recipients - The Provider shall perform fiscal, administrative and programmatic monitoring
to ensure contractual compliance, fiscal accountability, programmatic performance and
compliance with applicable state and federal laws and regulations. The Provider shall monitor to
ensure that time schedules are met, the budget and scope of work are accomplished within the
specified time periods, and other performance goals stated in this contract are achieved.
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b. Vendors—The Provider shall perform administrative and programmatic monitoring to ensure
contractual compliance, programmatic performance and compliance with applicable state and
federal laws and regulations. The Provider shall monitor to ensure that time schedules are met, and
the scope of work is accomplished within the specified time periods, and other performance goals
stated in this contract are achieved. The Provider shall perform a modified fiscal monitoring to
include billing/invoicing procedures and reconciliation to ensure fiscal accountability and
sustainability.
2.2.3 The Provider shall ensure that all required client data for services provided by subcontractors and/or
vendors are entered in the CIRTS database per the Department's CIRTS Policy Guidelines. The data
must be entered into the CIRTS database before the Provider submits the Request for Payment and
Expenditure Reports to the Alliance. The Provider shall establish time frames with its subcontractors
and vendors to ensure compliance with due dates for the Requests for Payment and Expenditure
Reports to the Alliance.
2.3 Staffing Requirements
2.3.I Staffing Levels
The Provider shall assign its own administrative and support staff as needed to perform the tasks, �
responsibilities and duties under this contract and ensure that subcontractors and/or vendors dedicate 0
adequate staff accordingly. CL
2.3.2 Professional Qualifications
The Provider shall ensure that the staff responsible for performing any duties or functions within this U
contract have the qualifications as specified in the DOFA Programs and Services I landbook.
2.3.3 Service Times
'file Provider shall ensure the provision of services listed in this contract during normal business
hours unless other times are more appropriate the meet the performance requirements of this contract,
and it shalt rtalonitor its subcontractors and;/or vendors to erasure they are available to provide services
during Ihours responsive to client needs and during those times which best meet the needs ofthe
relevant service community. e-
2.3.4 Use of Volunteers to Expand the Provision of Available Services m
The Provider shall make use of trained volunteers in providing direct services delivered to older individuals E
and individuals with disabilities needing such services. If possible, the Provider shall work in coordination
with organizations that have experience in providing training, placement, and stipends for volunteers or
participants (such as organizations carrying out Federal service programs administered by the Corporation
for National and Community Service), in community service settings.
2.4 Deliverables
The following section provides the specific quantifiable units of deliverables and source documentation
required to evidence the completion of the tasks specified in this contract. The Provider moist submit all
required docun'ientation in the time and manner specified for the rninimum performance levels to be met.
Each deliverable must be accepted in writing by the Alliance Contract Manager based on the requirements
for each deliverable before the Provider submits an invoice requesting payment.
The Provider shall ensure the provision of a continuum of services that meets the diverse needs of elders and
their caregivers. The Provider shall ensure the performance and reporting of the following services in
accordance with the current DO EA Programs and Services Ilandbook and this contract. Documentation of
service delivery must include a report consisting of the fallowing: number of clients served, number of service
units provided by service, and rate per service unit with calculations that equal the total invoice amount.
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The Provider shall provide the services described in the contract in accordance with the current DOEA Program and
Services Handbook. Units of service will be paid pursuant to the rates established in ATTACHMENT VII.
Under the Stafford Act, and the State of Florida's Major Disaster Declaration,the Contractor is permitted to use any
portion of the funds in this contract to provide disaster relief services to eligible older individuals or family
caregivers.
The services include the following categories:
2.4.1 Nutrition Services (111C Program)
Nutrition services are designed to reduce hunger and food insecurity and to promote socialization and the
health and well-being of older individuals through access to nutrition and other disease prevention and
health promotion services. Services include the following:
(1) Congregate meals;
(2) Congregate meals screening;
(3) Nutrition education and nutrition counseling;
(4) Home delivered meals;
(5) Screening/Assessment;
(6) Shopping Assistance; and
(7) Telephone Reassurance. e
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2.5 Reports
The Provider is responsible for responding in a timely fashion to additional routine and/or special requests for
information and reports required by the Alliance. The Provider must establish due dates for any subcontractors
and/or vendors that permit the Provider to meet the Alliance's reporting requirements.
2.5.1 Service Cost Reports
The Provider shall submit Service Cost Reports to the Alliance annually, no later than 90 days after
the provider Fiscal year end. The Service Cost Reports shall reflect actual costs of providing each M
service for the preceding Provider fiscal year. If the Provider desires to renegotiate its reimbursement CL
..
rates, the Provider shall make a request in writing to the Alliance in accordance with the Alliance's
approved Reimbursement Rate Review Policy, which is incorporated by reference.
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2.5.2 Surplus/Deficit Report
The Provider will respond to the consolidated Surplus/Deficit report in a format provided by the
Alliance to the Alliance's contract manager. Surplus/Deficit reports must be submitted with the
monthly request for payment. This report is for all services provided in this agreement incorporating
in this Contract between the Provider and the Alliance. The report will include the following:
(1) A list of all Services and their current status regarding surplus or deficit, and why they differ from
its original budget projections.
(2) A detailed plan on how the surplus or deficit spending exceeding the I% monthly threshold will
be resolved. The plan must include specific budget numbers to reflect how the Provider plans to
address the variance.
(3) Number of clients currently on the waitlist(APCL).
(4) Number of Unduplicated Client served.
2.5.3 CIRTS
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Client Information and Registration Tracking System (CIRTS) Reports:
The Provider shall input CCAA -specific data into CIRTS to ensure CIRTS data accuracy. The
Provider shall use CIRTS-generated reports which include the following:
(1) Client Reports;
(2) Monitoring Reports;
(3) Services Reports; and
(4) Outcome Measures Reports.
(5) Fiscal Reports
2.5.4 Program Highlights
The Provider shall submit Program Highlights referencing specific events that occurred under this
contract. The Provider shall provide a new success story, quote, testimonial, or human-interest
vignette. The highlights shall be written for a general audience, with no acronyms or technical terms.
For all agencies or organizations that are referenced in the highlight, the Provider shall provide a brief
description of their mission or role. The active tense shall be consistently used in the highlight
narrative, in order to identify the specific individual or entity that performed the activity described in
the highlight. The Provider shall review and edit Program Highlights for clarity, readability,
relevance, specificity, human interest, and grammar, prior to submitting them to the Alliance.
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2.6 Records and Documentation e
The Provider agrees to male available to Alliance and/orthe Department staff and/or any party designated by the CL
Alliance and/or Department all contract related records and documentation. The Provider shall ensure the
collection and maintenance of all program related information and documentation on any such system
designated by the Alliance and/or the Department. Maintenance includes valid exports and backups of all �--
data and systems according to Department standards. Data must be usable and in a readable format by the
Alliance and/or the Department.
2.6.1. CIRTS Data Maintenance
The Provider will ensure the accurate collection and maintenance of client and service information on a
a monthly basis from the CIRTS or any such system designated by the Alliance. Maintenance
includes valid exports and backups of all data and systems according to Alliance and DOEA CL
standards. The Provider must adhere to the Alliance CIRTS Data Integrity Policies & Procedures, 0)
incorporated by reference, in order to ensure data accuracy. E
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2.6.2 Data Integrity and Back-up Procedures
The Provider shall maintain written policies and procedures for computer system backup and
recovery and shall have the same requirement of its subcontractors and/or vendors.These
policies and procedures shall be made available to the Alliance upon request.
2.7 Performance Specifications
2.7.1 Outcomes and Outputs (Performance Measures)—At a minimum,the Provider must:
(1) Ensure the provision of the services described in this contract are in accordance with the current
DOEA Programs and Services Handbook and in the Manner of Service Provision described in
this contract.
(2) Timely and accurately submit to the Alliance all information described in this contract.
(3) Develop, document, and follow strategies in the Service Provider Application(SPA)to support
the Department's performance outcome measures in the following criteria:
a) 66% of new service recipients with high-risk nutrition scores will improve their
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nutritional status.
c) 65% of new service recipients will maintain or improve their ADL's assessment score.
d) 62.3% of new service recipients will maintain or improve their IADL's assessment score.
e) 89% of family and family-assisted caregivers will self-report they are very likely to provide care
2.7.2 Monitoring and Evaluation Methodology
The Alliance will review and evaluate the performance of the Provider under the terms of this
contract. Monitoring shall be conducted through direct contact with the Provider through telephone, in
writing, and/or an on-site visit. The Alliance's determination of acceptable performance shall be
conclusive. The Provider agrees to cooperate with the Alliance in monitoring the progress of
completion of the service tasks and deliverables. The Alliance may use, but is not limited to, one or
more of the following methods for monitoring:
(1) Desk reviews and analytical reviews;
(2) Scheduled, unscheduled,and follow-up on-site visits;
(3) Client visits;
(4) Review of independent auditor's reports;
(5) Review of third-party documents and/or evaluation;
(6) Review of progress reports;
(7) Review of customer satisfaction surveys; 0
(8) Agreed-upon procedures review by an external auditor or consultant;
(9) Limited-scope reviews; and
(10) Other procedures as deemed necessary.
2.7.3 Remedies-Nonconforming Services
The Provider shall ensure that all participants served under this agreement are eligible for the
program, and that all monthly and/or quarterly performance reports and financial records are
maintained for each reporting period and submitted as stipulated in 2.4,2.5, 2.6, and 2.7.
Any nonconforming program services, performance reports or financial records not meeting the
requirements of this Contract shall not be eligible for reimbursement under this program. The costs CL
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associated with hiring,training, reporting and/or managing the program shall be borne solely by the
Provider. The Alliance requires immediate notice of any significant and/or systemic infractions that E
compromise the Provider's ability to provide participant services,to achieve programmatic
performance or to provide sound financial management of the program.
2.3 Provider's Financial Obligations
2.8.1 Consumer Contributions
Consumer contributions are to be used under the following terms:
1) The Provider assures compliance with Section 315 of the OAA as amended in 2006, in regard to
consumer contributions;
2) Voluntary contributions are not to be used for cost sharing or matching;
3) Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and
4) Voluntary contributions are to be used only to expand services.
2.8.3 Use of Service Dollars
The Provider is expected to spend all federal,state and other funds provided by the Alliance for the purpose
specified in the contract. The Provider must manage the service dollars in such a manner so as to avoid
having a wait list, a deficit, or a surplus of fiends at the end of the contract period, for each program managed
by the Provider. Program surpluses must be reported to the Alliance.
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2.8.4 Surplus Recapture
In accordance with its surplus/deficit management policies, in order to maximize available funding and
minimize the time that potential clients must wait for services, the Alliance in its sole discretion can reduce
funding awards if the Provider is not spending according to monthly plans and is projected to incur a surplus
at the end of the year.
2.8.5 The Provider agrees to use funds as detailed in the Budget Summary, ATTACIIMENT VII. Any changes in
the amounts of federal funds identified on the Budget Summary for services within each title(Support
Services,Nutrition Services Caregiver Support Services) are allowed without contract amendment. Providers
must adhere to Alliance's Modified Spending Policy, allowed under this contract, incorporated by reference.
2.8.6 CCAA Funds
The Provider assures compliance with Section 306 of OAA, as amended in 2020, that funds received
under CCAA will not be used to pay any part of a cost(including an administrative cost) incurred by the
Contractor to maintain a contractual or commercial relationship that is not carried out to implement the
CCAA services.
2.9 ALLIANCE'S SPONSIBILITIES:
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2.9.1 Program Guidance and Technical Assistance
The Alliance will provide to the Provider guidance and technical assistance as needed to ensure the successful
fulfillment of the contract by the Provider. The Providers must attend all required training session and
meetings. The support,, or lack thereof, shall not relieve the Provider from full performance of contract
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requirements.
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SECTION III: METHOD OF PAYMENT
3.1 General Statement of Method of Payment
The Method of Payment for this contract is fixed-fee/unit rate, and advanced payments, subject to the availability of
funds. The Provider shall ensure include only those costs that are in accordance with all applicable state and
federal statutes and regulations and are based on audited historical costs in instances where an independent audit is
required. The Alliance will pay the Provider upon satisfactory completion of Tasks/Deliverables as specified in
Section 11, 2.1, 2.,and 2.5, and in accordance with other terms and conditions of this contract.
3.2 Unit of Service
3.2.1 Fixed Fee/Unit Rate
Provider must meet the rriinimum level of performance stated in the contract to receive payment.
Payments for Fixed Fee/Unit Rates shall not exceed amounts established in Attachment VII.
The Provider agrees to distribute funds as detailed in the Budget Summary, ATTACHMENT VII. to
this contract. Any changes in the total amounts of the funds identified on the Budget Stu11mary form
require a contract ameiidmecat.
3.3 Advance Payments
3.3.1 The Provider may request up to two months of advances at the start of the contract period, if available,to
cover program service costs. The payment of an advance will be contingent upon the sufficiency and
amount of funds released to the Alliance. The Provider shall provide the Alliance documentation justifying
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the need for an advance and describing how the funds will be distributed. Any Advance payments must be
recouped no later than the billing submitted to the Alliance from which the contract funding allocation is
exhausted.
3.3.2 Interest earned on advances must be identified separately by source of funds, state or federal. Providers shall
maintain advances of federal funds in interest bearing accounts unless otherwise exempted in accordance
with 45 CFR 74.22(k). Earned interest must be returned to the Alliance at the end of each quarter.
3.4 Invoice Submittal and Requests for Payment
Payment shall be made upon the Providers presentation of an invoice, following acceptance and approval by the
alliance of deliverables shown on the invoice. The Provider shall maintain documentation to support payment
requests that shall be available to the Alliance or authorized individuals, such as the Department of Financial
Services, upon request. Supporting documentation of services provided must be adequate to permit fiscal and
programmatic evaluation and ensure internal management.
The form and substance of each invoice submitted by the Provider shall be as follows:
3.4.1 All requests for payment and expenditure reports submitted to support requests for payment shall be on
forms 106(ATTACHMENT IX), 105 (ATTACHMENT X).
(I) Form 106
(2) Form 105 c
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3.4.2 The Provider shall submit all payment requests based on the submission of the Provider's actual monthly
expenditure reports beginning with the first month of the contract as per ATTACHMENT VIII to this U
contract. �--
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3.4.3 Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and
approval of all financial and programmatic reports due from the Provider and any adjustments thereto.
3.4.4 The Alliance will authorize payment only for allowable expenditures, which are in accordance with the
limits specified in ATTACHMENT VII.
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3.4.5 Monthly review of the Receipt and Expenditure Report and the Request for Payment Form by the Alliance
will focus on:
(1) Line item comparison of year-to-date expenditures with the budget to monitor rate of expenditures;
(2) Allowable total reimbursement,on a service by service level,does not exceed budgeted/contractual
amount(No unilateral modified spending authority.);
(3) Validation of service units reported against CIRTS.
3.4.6 In order to properly manage the program budget,the Provider must submit invoices for payment no later
than the 6"day following the month in which the expense was incurred, not to exceed three(3) months after
the end of the month in which the expense was incurred, except that invoices cannot be submitted after
Close Out Report date. Invoices submitted late will require the approval of the Alliance's contract manager.
Late invoices will not be paid unless justification is submitted and approved in writing by the contract
manager.
3.4.7 Date for Final Request for Payment
The Provider shall submit the final request for payment to the Alliance by the date indicated on Attachment
VIII of this contract.
3.4.8 Payments will be made to the Provider based on a complete and correct invoice, invoices that are
incomplete or with incorrect total will not be processed and will be returned to the Provider for correction.
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Fiscal staff will not be able to correct or make changes to the invoices. Returning invoices for corrections
may result in failure to receive payment for that month. Invoices shall be submitted timely as per
ATTACHMENT VIII in order to avoid any payment delays.
3.4.9 The Provider must enter all required data following DOEA's CIRTS Policy Guidelines for clients and
services in the CIRTS database. Data must be entered into CIRTS before the Providers submit their request
for payment and expenditure reports.
3.4.10 The Provider shall run monthly CIRTS reports and verify that 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 can be approved by the Alliance.
3.4.11 For Providers receiving funding for Material Aid services, Material Aid must be provided only when there
is no available alternative, e.g. another program funding source or community resource,that can accomplish
the service or supply the goods. Prior written approval shall be obtained in writing from the Alliance's
contract manager for purchases of$500.00 or more. Written approval must be submitted with the request
for payment.
3.5.Remedies for Nonconforming Services
The Provider shall ensure that all goods and/or services provided under this contract are delivered timely,
completely and commensurate with required standards of quality. Such goods and/or services will only be delivered c
to eligible program participants. CL
If the Provider fails to meet the prescribed quality standards for services, such services will not be reimbursed under U
this contract. In addition, any nonconforming goods(including home delivered meals)and/or services not meeting
such standards will not be reimbursed under this contract. The Provider's signature on the request for payment form
certifies maintenance of supporting documentation and acknowledgement that the Provider shall solely bear the
costs associated with preparing or providing nonconforming goods and/or services. Payments may be withheld
and/or required to be reimbursed if standards are not upheld and/or if documentation does not support invoices
being processed or already paid. The Alliance requires immediate notice of any significant and/or systemic
infractions that compromise the quality, security or continuity of services to clients.
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3.5.1. Corrective Action Plan
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1. Contractor shall ensure 100% of the deliverables identified in ATTACHMENT I, Section 11 (Manner of
Service Provision)of this contract, are performed pursuant to contract requirements.
2. If at any time the Contractor is notified by the Alliance that it has failed to correctly, completely, or
adequately perform contract deliverables identified in ATTACHMENT I, Sec. 1I, the Contractor will have
10 business days to submit a Corrective Action Plan("CAP")to the Alliance Contract Manager that
addresses the deficiencies and states how the deficiencies will be remedied within a time period approved
by the Alliance's Contract Manager. The Alliance shall assess a Financial Consequence for Non-
Compliance on the Contractor as referenced in ATTACHMENT I, See. 3.4.2. of this contract for each
deficiency identified in the CAP which is not corrected pursuant to the CAP. The Alliance shall also
assess a Financial Consequence for failure to timely submit a CAP.
3. If the Contractor fails to correct an identified deficiency within the approved time period specified in the
CAP,the Alliance shall deduct the percentage established in ATTACHMENT I, Sec. 3.4.2. of this
contract, from the payment for the invoice of the following month.
4. If the Contractor fails to timely submit a CAP,the Alliance shall deduct the percentage established in
ATTACHMENT 1, Section 3.4.2. of this contract for each day the CAP is overdue. The deduction will be
made from the payment for the invoice of the following month.
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3.5.2.Financial Consequences of Non-Performance
The Alliance will withhold or reduce payment if the Contractor fails to perform the deliverables to the
satisfaction of the Contract according to the requirements referenced in ATTACHMENT I, Section I and
Section II of this contract. The following financial consequences will be imposed if the deliverables stated do
not meet in part or in whole the performance criteria as outlined in ATTACHMENT I, Section I and Section II
of this contract.
1. Delivery of services to eligible clients as referenced in ATTACHMENT I, Section 1.4 and Section 2.1 of
this contract—Failure to comply with established assessment and prioritization criteria as evidenced in
CIRTS reports will result in a 2%reduction of payment per business day. The reduction of payment will
begin on the first business day following the Alliance's notification to the Provider that the identified
deficiency was not cured or satisfactorily addressed in accordance with the Alliance approved CAP,
referenced in ATTACHMENT I, Sec. 3.4.1.
2. Services and units of services as referenced in ATTACHMENT 1, Section II of this contract—Failure to
provide services in accordance ATTACHMENT I, Section 2.4, the current DOEA Programs and Services
Handbook, the services listed on ATTACHMENTS VII and K, and submission of required documentation
will result in a 2% reduction of payment per business day. The reduction of payment will begin the first
business day following the Alliance's notification to the Provider that the identified deficiency was not
cured or satisfactorily addressed in accordance with the Alliance approved CAP, referenced in
ATTACHMENT I, Sec. 3.4.1. CL
3. Administrative duties as referenced in ATTACHMENT 1, Section II of this contract—Failure to perform
the perfonmance specifications and oversight of operations will result in a 2% reduction of payment per �?
business day. The reduction of payment will begin the first business day following the Alliance's
notification to the Provider that the identified deficiency was not cured or satisfactorily addressed in
accordance with the Alliance approved CAP,referenced in ATTACHMENT I, Sec. 3.4.1.
4. Timely submission of a CAP—Failure to timely submit a CAP within 10 business days after notification
of the deficiency by the Alliance contract manager will result in a 2% reduction of payment per business M
day the CAP is not received. The reduction of payment will begin the first business day following the
Alliance's notification to the contractor that the identified deficiency was not cured or satisfactorily
addressed in accordance with the Alliance approved CAP, referenced in ATTACHMENT I, Sec. 3.4.1.
5. Exceptions may be granted solely, in writing, by the Alliance.
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ATTACHMENT II
ATTACHMENT II
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the Alliance to the provider may be subject to audits and/or monitoring by the
Alliance and/orthe Department as described in this section.
I. MONITORING
In addition to reviews of audits conducted in accordance with 2 C F R Part 200 (formerly OMB Circular A-133, as
revised), and Section 215.97, F.S.,(see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site
visits by the Alliance and/or the Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or
other procedures. By entering into this agreement, the Contractor agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Alliance. In the event the Alliance and/or the Department determines that a
limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by
the Alliance and/or the Department to the Contractor regarding such audit. The Contractor further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Alliance and/or the
Department.
AUDITS
PART I:FEDERALLY FUNDED
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This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-
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133, as revised.
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In the event that the Provider expends $750,000.00 or more in federal awards during its fiscal year, the Provider must have a U
single or program-specific audit conducted in accordance with the provisions of 2 C F R P a rt 2 0 0. EXHIBIT 2 to this
agreement indicates federal resources awarded through the Alliance by this agreement. In determining the federal awards
expended in its fiscal year, the Provider shall consider all sources of Federal awards, including federal resources received
from the Alliance. The determination of amounts of Federal awards expended should be in accordance with the
guidelines established by 2 C F R P a r t 2 0 0. An audit of the P ro v i d er conducted by the Auditor General in accordance
with the provisions of 2 C F R P a r t 2 0 0, will meet the requirements of this part. a
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In connection with the audit requirements addressed in Part I,paragraph 1,the Provider shal I fulfill the requirements relative to
auditee responsibilities as provided in 2 C F R P a r t 2 0 0.5 0 8 .
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If the Provider expends less than $750,000.00 in federal awards in its fiscal year,an audit conducted in accordance with the
provisions of 2 C F R P a r t 2 0 0, is not required. In the event that the Provider expends less than$750,000.00 in federal
awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C F R P a r t 2 0 0, the
cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Provider resources
obtained from other than federal entities.)
An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any
rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the
matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance and/or
the Department shall be fully disclosed in the audit report with reference to the Alliance agreement involved. If not
otherwise disclosed as required by 2 C F R P a r t 2 0 0.5 1 0, the schedule of expenditures of federal awards shall identify
expenditures by agreement number for each agreement with the Alliance in effect during the audit period. Financial
reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or
9 months after the end of the Provider's fiscal year end.
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PART II: STATE FUNDED
This part is applicable if the Provider is a non-state entity as defined by Section 215.97(2),F.S.
In the event that the Provider expends a total amount of state financial assistance equal to or in excess of $750.000.00 in any
fiscal year of such Provider (for fiscal years ending September 30, 2004 or thereafter), the Provider must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. EXHIBIT 2 to this agreement indicates state financial assistance awarded through the Alliance by this agreement. In
determining the state financial assistance expended in its fiscal year, the Provider shall consider all sources of state financial
assistance, including state financial assistance received from the Alliance, other state agencies, and other non-state entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal
program matching requirements.
In connection with the audit requirements addressed in Part 11,paragraph 1,the Provider shall ensure that the audit complies with the
requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2),
F.S., 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$750,000.00 instate financial assistance in its fiscal year(for fiscal years ending September 30,2004
or thereafter), an audit conducted in accordance with the provisions of Section215.97,F.S., is not required. In the event that the
Provider expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non-state entity's resources M
(i.e.,the cost of such an audit must be paid from the Provider resources obtained from other than State entities).
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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 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 U
met for each applicable agreement. All questioned costs and liabilities dueto the Alliance shall be fully disclosed in the audit report M
with reference to the Alliance agreement involved. If not otherwise disclosed as required by Rule 691-5.003,Fla.Admin. Code,the M
schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with
the Alliance in effect during the audit period. Financial reporting packages required under this part must be submitted within
45 days after delivery of the audit report,but-no later than 12 months after the Provider's fiscal year end for local r
governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the ai
audit report, but no later than 9 months after the Provider's fiscal year end. Notwithstanding the applicability of this portion,the
Alliance retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this CL
document and pursuant to law.
II. PART III: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with 2 C F R P a r t 2 0 0, and required by PART I of this
agreement shall be submitted,when required by 2 C F R P a r t 2 0 0.5 1 2,by or on behalf of the Provider directly to each of the
following:
The Alliance at each of the following addresses:
Alliance for Aging,Inc.
Attn: Fiscal Department
760 NW 1071h Avenue
Suite 214
Miami, FL 33172
For fiscal year 2013 and earlier to the Federal Audit ClearinLhouse designated in 2 CFR §200.36 at the following address:
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Federal Audit Clearinghouse
Bureau of the Census 1201
East 10"' Street
Jeffersonville, IN 47132
For fiscal year 2014 and later_ pursuant to 2 CFR §200.512, the reporting package and the data collection form must be
submitted electronically to the Federal Audit C learinr-house.
Pursuant to 2 CFR 5200.512, all other Federal agencies, pass-through entities and others interested in a reporting package
and data collection form must obtain it by accessing the Federal Audit Clearinghouse.
The Provider shall submit a copy of any management letter issued by the auditor, to the Florida Department of Elder
Affairs at the following address:
Alliance for Aging,Inc.
Attn: Fiscal Department
760 NW 107" Avenue
Suite 214
Miami, FL 33172
Additionally, copies of financiat reporting packages required by this contract's Financial Compliance Audit Attachment, 0
Part It shall be Submitted by or on behalf of the Provider direct]!to each of the follov'im': ei
The Florida Department of Elder Affairs at the following address:
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Alliance for Aging,Inc. ey
Attn: Fiscal Department
760 NW 107" Avenue �
Suite 214
Miami, FL 33172 y
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The Auditor General's Office at the followina address: CL
�
State of Florida Auditor General
Claude Pepper Building, Room
574 1 I1 West Madison Street �
"Tallahassee, Florida 32399-1450 �
Any reports, management letter,or other information required to be submitted to the Department pursuant to this contract
shall be submitted timely in accordance with 2 C'FR Fart 200, Florida Statutes, and Chapters 10.550 (local governmental
entities)or 10.650(nonprofit and far-profit organizations), Rules of the Auditor General- as applicable.
Providers, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part
200 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations).Rules ofthe Auditor
General,should indicate the date that the reporting package was delivered to the Provider in correspondence accompanying
the reporting package.
PART IV: RECORD RETENTION
The Provider shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six
(6) years from the date the audit report is issued, and shall allow the Department or its designee, the CFO or Auditor
General access to such records upon request. The Provider shall ensure that audit working papers are made available to
the Alliance and,or the Department or its designee, CFO, or Auditor General upon request for a period of six (6) years
From the date the audit report is issued, unless extended in writim, by the Department.
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ATTACHMENT It
FINANCIAL, AND COMPLIANCE E AUDIT ATTACHMENT
EXHIBIT I
PART I: AUDIT RELATIONSHIP DETERMINATION 200.500,
the
Providers who receive state or federal resources o are determined to be recipients orss requirements
ubrec p ents of federal awards and/or state
and/or Section 215.97,Fla. Stat. Providers who a
11
to be vendors are not subject to the and it requirements of 2 CFR
financial assistance maybe subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part
of Exhibit I is met. Providers who have been determined
Pr
Part §200.38,and/or Section 215.97,Fla. Stat. Regardless Bless of whether
sta
te financial ass stance must e metcomp dewy h applicableve en
determined to be recipients or subrecipients of Federal
programmatic and fiscal compliance requirements.
In accordance with 2 CFR Part §200 and/or Rule 691-5.006, FAC, Contractor has been determined to be:
Vendor not subjectto2CFRPart§200.38and/or Section 215.97,
and/or Section 215.97, F.S.
X Recipient/subrecipient subject to 2 CFR Part §200.86 and § E
Exempt organization not subject to 2 CFaI assista Part ne0eaprdojects�public uniction versities,
ties, community colleges,f district school
organizations are exempt;for state financial
boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply 0
with all compliance requirements set forth within the contract or award document.
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ient/subrepipient of federal and or stag financial and Rule 691
sistace n5006 a
has been
NOTE: if a Provider is determined to be a recip FAC [state
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approved by the Alliance to subcontract, they must comply with Section 215.97(7),
financial assistance] and 2 CFR Part §200.330 [federal awards].
PART It: FISCAL COMPLIANCE REQUIREMENTS
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oviders who receive Federal
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Pr y
awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to e a
subrecipient must comply with the following fiscal laws, rules and regulations: CL
STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW:
2 CFR Part §200.416-Cost Principles*
2 CFR Part §200.201- Administrative Requirements**
2 CFR Part§200.500- Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
NON-PROFIT ORGANIZATIONS MUST FOLLOW:
2 CFR Part§200.400-.411-Cost Principles*
2 CFR Part §200.100-Administrative Requirements
2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)MUST
FOLLOW:
2 CFR Part §200.418-Cost Principles*
2 CFR Part §200.100-Administrative Requirements
2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws,rules and regulations
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*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted inthe 2 CFR Part
§200.400(5)(c).
**For funding passed through U.S. Health and Human Services, 45 CFR 92; for funding passed through U.S. Department
of Education, 34 CFR 80.
STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a
recipient/subrecipient must comply with the following fiscal laws,rules and regulations:
Section 215.97, Fla. Stat.
Chapter 691-5, Fla. Admin. Code
State Projects Compliance Supplement Reference Guide
for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
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The Remainder of This Page Left Intentionally Blank
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ATTACHMENT II
FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT
EXHIBIT 2-FUNDING SUMMARY
Note: Title 2 CFR§200.331,as revised, and Section 215.97, F.S.,require that information about Federal Programs and State Projects.
included in ATTACHMENT II, Exhibit 1 be provided to the recipient. Information contained is a prediction of funding sources and
related amounts based on the contract budget.
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST
OF THE FOLLOWING:
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
Coronavirus Consolidated Appropriations
Act for Nutrition Services under Title III- U.S.Health and Human Services 93.045 $71,051.35
C of the Older Americans Act
TOTAL FEDERAL AWARD $71,051.35
E
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS CONTRACT ARE AS FOLLOWS: CL
FEDERAL FUNDS: (,
2 CFR Part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB
Circular A-133 -Audits of States, Local Governments, and Non-Profit Organizations
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF
THE FOLLOWING:
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MATCHING RESOUCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNTCL
TOTAL STATE AWARD
STATE FINANCIAL ASSITANCE SUBJECT TO sec. 215.97, F.S.
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
CONTRACT ARE AS FOLLOWS:
STATE FINANCIAL ASSISTANCE:
Section 215.97,F.S., Chapter 691-5, FL Admin Code, Reference Guide for State Expenditures, Other fiscal requirements set forth in
program laws,rules and regulations.
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ATTACHMENT III
CE TII*ICATIONS AND ASSURANCES
DOEA will not award this Contract unless the Provider-completes these CERTIFICATIONS AND
ASSURANCES in performance of this contract. The Provider provides the following certifications and
aSSUrances:
A. Debarment and Suspension Certification (29 CFR Part 95 and 45 CLIj fart 75)
B. Certification Re ardin- Eobb -in 29 CF12 Part 93 and 45 CFI?, hart 93
C. Nondiscrimination & Equal Ctt'porttrnitLAssurance 29 CF 1� Part 37 arlrl 45 CI I� Dart �Ul
D. Certification Regarding Public Entitv Crimes, section 287.1333_ F.S.
E. Association of Conrrrruni Car=ganizatiorrs for Ieforrrr Novv AC CIRN F undirr Restrictions
Assurance (Pub.L. 111-117�
F. Certification Regarding Scrutinized Companies Lists, section 2 7.13-S F.S.
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G. Certification Re2ardin2 Data Integarity __pliance for_C ontracts A reernents, ClrantsCL
Loans and CooRerati�ree rents
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1-1. Verification of Emplovnient Status Certification �?
I. Records and Documentation
J. Certification Regarding Insraection of Public Records
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A. CERTIFICATION REGARDING DEBARMENT, SUShENStON, AND OTHER CL
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RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION. N
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The Undersigned Provider certifies to the best of its knovvledge and belief, that it and its principals:
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1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or volrmtarily <
excluded from covered transactions by a Federal department or agency,
2. ]lave not within a three-year period preceding this Contract been convicted or had a civil judgment
rendered against thern for commission offraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction. violation of Federal or State antitrust statutes or cornrnission of ernbezzlement, theft.
forgery, bribery, falsification or destruction of records, making fatse statements. or receiving stolen
property,
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity(Federal,
State or local)with commission of any of the offenses enumerated in paragraph A.2. of this certification;
and/or
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local)terminated for cause of default.
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The undersigned shall require that language of this certification be included in the documents for all
subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts under grants, loans and
cooperative agreements) and that all sub recipients and contractors shall provide this certification
accordingly.
1 . CERTIFICATION REGARDING LOBBYING - CERTIFICATION FOR CONTRACTS,
GRANTS, LOANS, AND COOPERATIVE ATIVE AGREEMENTS.
The Undersigned Provider certifies, to the best of its knowledge and belief'. that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer-or employee of Congress,or an employee of a
Member-ofCon,,ress in connection with the awarding ofany, Federal contract,the malting of any Federal
grant,the makim,of any Federal loan, the entering into of any cooperative agreement , and the extension.
continuation, renew,A an-rendment or modification of any Federal contract. grant. loan or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an
officer or employee of'Congress. or employee of a Member of Congress in connection with a Federal 0-
contract, grant, loan. or cooperative agreement, the undersigned shall also complete and submit Standard e-
Form - LLL, "Disclosure Form to Report lobbying;," in accordance with its instructions .
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The undersigned shall require that lan(uage of this certification be included in the documents for all
subcontracts at all tiers(including subcontracts, sub-grants and contracts under grants, loans and cooperative
agreements) and that all sub-recipients and contractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this Contract was m
made or entered into. Submission of this certification is a prerequisite for making or entering into this
Contract imposed by 3 1 C.S.C. 1352. Any person wfto fails to file the required certification shall be
subject to a civi 1 penalty of not less than $10,000 and not ore than $100„000 for each such failure. e'm
C. NON-DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 4 �
CFR PART 80). -As a condition of the Contract, Provider assures that it dvill comply fully with the
nondiscrimination and equal opportunity provisions of the following laws:
1. Section 188 of the Workforce Investment Act of 1998 (WIA). (Pub. F. 105-220) . which prohibits
discrimination against all individuals in the United States on the basis ofrace, color, religion , sex national
oriuin, age, disability, political affiliation, or belief and against beneficiaries on the basis of either
citizenship/status as a lawfully admitted immigrant authorized to work in the L_!nited States or participation
in any WIA Title I-financially assisted program or activity
2. Title VI of the Civil Rights Act of 1964 (Pub. I_,. 88-352)_ as amended, and all requirements imposed by
or pursuant to the Regulation of the Department of Health and I[uman Services (45 CFR Part 80), to the
end that. in accordance with Title VI of that Act and the Regulation, tic) person in the United States shall,
on the ground of race, color, or national ori-in , be excluded from participation in, be denied the benefits
of. or be otherwise subjected to discrimination under any program or activity for which the Applicant
receives Federal financial assistance from the Department.
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3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-1 12) as amended, and all regnirenients imposed
by or pursuant to the Regulation of the Department of Health and I Inman Services(45 CFR Part 84), to
the end that. in accordance with Section 504 of that Act. and the Reatilation, no otherwise qualified
handicapped individual in the United States shall. solely by reason of his handicap, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination tinder any program or activity
for which the Applicant receives Federal financial assistance from the Department.
4.The Age Discrimination Act of 1975 (Pub. L. 94-135). as amended, and all reciLdirements imposed by or
pursuant to the Regulation of the Department of Health and Ilurnan Services (45 CFR Part 91),to the end
that, in accordance with the Act and the Regulation, no person in the United States shall., on the basis of
age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination Linder
any program or activity for which the Applicant receives Federal financial assistance from the
Department.
5.Title IX of the Education Amendments of 1972 (Pub. L. 92-318). as amended, and all requirements
imposed by or pursuant to the Regulation of the Department off-fealth and Human Services (45 CFR Part
86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall.
on the basis of sex. be excluded from participation in, be denied the benefits of. or be o'thervl ise subjected
to discrimination tinder any education prop ram or activity for which the Applicant receives Federal
financial assistance from the Department.
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6.The American with Disabilities Act of 1990 (Pub. L. 101-336). which prohibits discrimination in all CL
employment practices, including job application procedures, hiring,firing,advancement.compensation,
training.and otherterms, conditions, and privileges ofeniploynaent. Itapplies to recruitment. advertising,
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tenure, layoff. leave,fringe benefits, and all other employment-related activil ies.
Providers also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the
laws listed above. This assurance applies to Provider's operation of the WIA Title I -financially assisted
program or activity, and to all contracts, Provider makes to carry out the WIA Title I- 'financially assisted
program or activity. Provider understands that DOEA and the United States have tine right to seek judicial
enforcement of the assurance.
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The Lindersigned shall require that language of this assurance be included in the documents for-all
subcontracts at all tiers(including subcontracts, vendors, sub-grants and contracts under grants, loans and E
cooperative agreements) and that all sub recipients and contractors shall provide this assurance
accordingly.
v �
13. CERTIFICATION EGA DINC PUBLIC ENTITY CRIMES,SECTION 287.133, F.S.
Provider hereby certifies that neither it.nor any person or affiliate of Provider, has been convicted of a Public
Entity Crime as defined in section 287.133. F.S_ nor placed on the convicted vendor list.
Provider understands and agrees that it is required to inform DOCA immediately upon any change of
circumstances regarding this status,
E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW(ACORN) FUNDING
RESTRICTIONS ASSURANCE(Putt. L It 1-117).
As a condition of the Contract. Provider assures that it kvil I comply fnlly with the federal funding
restrictions pertaining to ACORN and its subsidiaries per the Consol idated Appropriations Act,2010.
Division E.Section 511 (Pub. L. 1 1 1-1 17). The Continuing Appropriations Act, 201 1, Sections 101 and 103
(Pub. L. 11 1-24 2). provides that appropriations made under Pub. L. I I I-1 17 are available Lander the
conditions provided by Pub. L.. I l I-1 IT
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The undersigned shall require that language of this assurance be included in the documents for all
subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts tinder grants. loans and
cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly.
F. CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS,SECTION 287.135, F.S.
If this Contract is in the amount of$1 million or more, in accordance with the requirements of Section
287.135, F.S., Provider hereby certifies that it is not participating in a boycott of Israel_ is not listed on
either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria.
Both lists are created pursuant:to Section 215.473, F.S,
Provider- understands that pursuant to Section 287.135, F.S.,the subrnission of a false certification may,
subject Provider to civil penalties, attorney's fees, and/or costs.
If Provider is unable to certify any of the statements in this certification. Provider shall attach an
explanation to this Contract.
C. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, �
ACREEM ENTS,GRANTS. LOANS AND COOPERATIVE AGREEMENTS 0
C.
l.. The Provider and any subcontractors of services under this contract have financial management
systems capable of providing certain information, including: (1) accurate, Current. and complete
disclosure of the financial results of each gram-funded prgiect or program in accordance Nvith the
prescribed reporting requirements; (2) the, source and application of funds for all contract supported
activities! and (3) the comparison of outlays with budgeted amounts for each award. The inability to
process information in accordance with these requirements could result in a return of grant funds that d-
et
have not been accounted for properly.
2. Management Information Systems used by the Provider. subcontractors, vendors. or any outside entity M
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on which the Provider is dependent for data that is to be reported, transmitted or calculated, have been .j
assessed and verified to be capable of processing data accurately. including year-dat.e dependent data.
For those systems identified to be non-compliant. Provider will take immediate action to assure data E
integrity.
3. If this contract includes the provision of hardware, software, firrrrware, microcode or imbedded chip
technology, the undersigned warrants that these products are capable of processing year-date
dependent data accurately. A I l versions of these products offered by the Provider(represented by the
undersigned)and purchased by the state will be verified for accuracy and integrity of data prior to
transfer.
4. 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 frorn operating properly, the Provider
agrees to immediately make required corrections to restore hardtivare and software programs to the
same level of functionality as warranted herein, at no charge to the state. and without interruptioll to
the ongoing business of the state,time being of the essence.
5. The Provider and any subcontractors and/or vendors of services under this contract tivarrant 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.
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II.VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION
As a condition of contracting %kith the Florida Department of Elder Affairs, Provider certifies the use of
the U.S. Department of Homeland Security's E-verify system to verify the eniployrnent eligibility of all
new employees hired by the Provider during the contract term to perform employment duties pursuant to
this contract and that airy subcontracts include an express r-equirenient that Subcontractors and/or vendors
performing work or providing services pursuant to this Contract utilize the E-verify system to verify the
employment eligibility of all ne�v employees hired by the subcontractor and/or vendor during the entire
contract term.
The Provider shall require that the language of this certification be included in all sub-agreements, sub-
grants, and other-agreements/contracts and that all subcontractors and/or-vendors shall certify compliance
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Circulars A-102 and 2 CFR Part 200. and 215 (formerly OMB Circular A-1 10). _
1. RECORDS AND DOCUMENTATION
The Provider agrees to make available to Department staff and/or any party designated by the Department CL
any and all contract related records and documentation. The Provider shall ensure the collection and
maintenance of all program related inforrrnation and documentation on any such system designated by the
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Department. Maintenance includes valid exports and backups of all data and systems according to
Department standards.
J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS �
1. In addition to the requirements of sections, 10.1. 10.2 of the Standard Contract, and 119.070](3)and (d)
F.S., and any other applicable law.. ifacivil action is commenced as conteniplated by Section 119.070 1(4).
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F.S., and the Department is named in the civil action. Provider agrees to indemnify and hold harmless the
Department for any costs incurred by the Department, and any attorneys' fees assessed or awarded against �
the Department from a Public Records Request i-nade pursuant to Chapter 1 l9, I-'.S., concerning this
contract or services performed thereunder.
a. Notwithstanding Section 1 19.0701, F.S.. or other Florida law. this section is not applicable to
contracts executed between the Department and state agencies or subdivisions defined in
Section 768.28(2), F.S.
2. Section 1 19.01(3)), F.S., states if public funds are upended by an agency in payment of dues or
membership contributions for any person. corporation, foundation, trust, association, group, or other
organization, all the financial, business. and rembership records of such an entity which pertain to the
public agency(Florida Department of Elder Affairs) are public records. Section l 19.07.F.S. states that
every person who has custody of such a public record shall permit the record to be inspected and copied by
any person desiring to do so. under reasonable circumstances.
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Additionally. I certif} this organization does—does not �Provide for institutional onemberships..
Provider's signature below attests that records pertaining to the clues or nienibership application by the
Alliance and the Department are available for inspection as stated above.
By execution of this contract, Provider nILtst include these provisions in all related subcontract
agreements(if applicable).
By execution of this contract. Provider must include these provisions(Ft-J) in all related subcontract
agreements(if applicable).
By signing below. Provider certifies the representations outlined in parts A through .l above. are true and
correct.
, 1100 Simonton Street,2"d-Floor
Signa ure"and Title of authorized e bpresentative Street Address E
0
Monroe County Board of County Commissioners, / e West FL 3300
Social Services/In-Home Services
Provider Nameat City,State, i Bode
NROE COUNTY
-ROVE FORM
CL
PED J. A -
t UNTY ATTORNEY
3/22a
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ATTACHMENT VI
ASSURANCES—NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 45 minutes per response, including
time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed and
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management
and Budget. Paperwork Reduction Project(0348-0043), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND
BUDGET,
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions,please
contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning, management,
and completion of the project described in this application. e
2. Will give the awarding agency,the Comptroller General of the United States, and if appropriate,the State, CL
through any authorized representative, access to and the right to examine all records, books, papers, or et
documents related to the award; and will establish a proper accounting system in accordance with generally U
accepted accounting standards or agency directives. �?
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763)relating to prescribed
standards for merit systems for programs funded under one of the 19 statutes or regulations specified in m
Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). CL
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title
VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race,color or a�
national origin; (b)Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683,and
1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of
1973, as amended(29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d)the Age et
Discrimination Act of 1975, as amended(42 U.S.C. 6101-6107), which prohibits discrimination on the basis of
age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3
and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended,relating to nondiscrimination in the sale,
rental or financing of housing; (i)any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and 0)the requirements of any other nondiscrimination
statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles 11 and III of the uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970(P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property acquired for project purposes regardless of
Federal participation in purchases.
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8. Will comply, as applicable, with the provisions of the Hatch Act(5 U.S.C. 501-1508 and 7324-7328),which
limit the political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. 276a to 276a-7),the
Copeland Act(40 U.S.C. 276c and 18 U.S.C. 874)and the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333), regarding labor standards for federally assisted construction sub agreements.
10. Will comply, if applicable,with flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973(P.L. 93-234)which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00
or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)institution of
environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190)and
Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EO 11738;(c) protection of
wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 11988;(e)
assurance of project consistency with the approved State management program developed under the Coastal
Zone Management Act of 1972(16 U.S.C. 1451 et seq.);(f)conformity of Federal actions to State(Clear Air)
Implementation Plans under Section 176(c)of the Clear Air Act of 1955,as amended(42 U.S.C. 7401 et seq.);
(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as
amended, (P.L. 93-523);and (h)protection of endangered species under the Endangered Species Act of 1973,
as amended,(P.L. 93-205). CD
12 Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1721 et seq.) related to protecting CL
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation CJ
Act of 1966, as amended(16 U.S.C. 470), EO 11593(identification and protection of historic properties),and
the Archaeological and Historic Preservation Act of 1974(16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended, 7 U.S.C.2131 et seq.)
pertaining to the care, handling,and treatment of warm blooded animals held for research,teaching,or other
activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.), which prohibits the CL
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. U
18. Will comply with all applicable requirements of all other Federal laws, executive orders,regulations and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
SOCIAL SERVICES/IN-HOME SERVICES
r
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" -
ASS18T, WO ATTORNEY
Date 3/29/21
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ATTACHMENT VII
CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE
CIRTS SUMMARY FOR THE AGENCY
Service Unit Maximum
Services to be Provided Rate Units of Maximum Dollars
Service
Congregate Meals $ 9.00 1 $ 9.00
Congregate Meals MLTC $ 9.00
Congregate Meals Guest $ 9.00
Con re ate Meals Volunteer $ 9.00
Emergency Congregate Meals $ 9.00 1 $ 9.00
Congregate Meals Screening $ 20.00 1 $ 20.00
Nutrition Counseling $ 70.56 1 $ 70.56
Nutrition Education $ 1.00 1 $ 1.00
Home Delivered Meals $ 5.00 14,170 $ 70,850.77 0
Emergency Shelf Home Delivered Meals $ 6.53 1 $ 6.53 ei
Screening and Assessment $ 26.22 1 $ 26.22
Shopping Assistance CV $ 30.90 1 $ 30.90
Telephone Reassurance CV $ 27.37 1 $ 27.37
TOTAL $ 71,051.35
r9
CL
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ATTACHMENT VIII
CCAA CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
Report Number Based On Submit to Alliance
On This Date
I February Advance* February 6, 2021
2 March Advance* February 6, 2021
3 February Expenditure Report March 6, 2021
4 March Expenditure Report April 6, 2021
5 April Expenditure Report May 6, 2021
6 May Expenditure Report June 6, 2021
7 June Expenditure Report July 6, 2021
8 July Expenditure Report August 6, 2021
9 August Expenditure Report September 6, 2021
10 September Expenditure Report October 6, 2021
11 October Expenditure Report November 6, 2021
12 November Expenditure Report December 6, 2021 0
13 December Expenditure Report January 6, 2022 CL
14 January Expenditure Report February 6,2022
15 February Expenditure Report March 6, 2022
16 March Expenditure Report April 6, 2022 �?
17 April Expenditure Report May 6,2022
18 May Expenditure Report June 6,2022
19 June Expenditure Report July 6,2022
20 July Expenditure Report August 6,2022
21 August Expenditure Report September 6,2022
22 September Expenditure Report October 6, 2022
23 Final Expenditure and Close Out Report October 15,2022 CL
Legend: * Advance based on projected cash need.
Note# 1: Report#1 for Advance Basis Agreements cannot be submitted to the Department of <
Financial Services(DFS)prior to February 1 or until the agreement with the Alliance has
been executed and a copy sent to DFS. Actual submission of the vouchers to DFS is
dependent on the accuracy of the expenditure report.
Note 9 2: Report numbers 5 through 22 shall reflect an adjustment of enough funds to repay advances
issued the first two months of the agreement. The adjustment shall be recorded int the
proper area of the billing forms.
Note 43: Submission of expenditure reports may or may not generate a payment request. If final
expenditure report reflects funds due back to the Alliance payment is to accompany the
report.
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ATTACHMENT IX
REQUEST FOR PAYMENT
FORM 106
Coronavirus Consolidated Appropriations Act
Nutrition Services
TYPE OF REPORT:
PROVIDER NAME,ADDRESS,PHONE&FED ID NUMBER Contract#:
Provider Name: Contract Period:
Provider Address:
Reimbursement— Report Period
Provider Telephone:
REPORT#:
CD
CL
CERTIFICATION: I hereby certify to the best of my knowledge that this request conforms with the terms and the purposes
set forth in the above contract. (,
Prepared By:_ Date: _ C9
Approved By:_ Date:
M
BUDGET SUMMARY TOTAL CD
CL
I.Approved ¢'
C
Contract Amount 0.00 0)
U
2.Previous Funds tts
RECEIVED for
Contract eriod 0.00
3.Previous Funds
REQUESTED and
Not Received. 0.00
4.Contract Balance 0.00
Net Expenditures
w
For Month 0.00
PSA#11 CCAA 106 Form,Feb 2021
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RECEIPTS&UNIT COST REPORT ATTACHMENT X
Coronavirus Consolidated Appropriations Act
Nutrition Services
PROVIDER NAME.ADDRESS.PHONE#and FEID# FUNDING SOURCE THIS REPORT PERIOD:
0 JCCAA X Report Period 0
0
0 Contract Period:0
Contract#: 0
REPORT#: 0
PSA#11
CERTIFICATION: I certlfyto the best ofmy knavdedge and beliefthat this report is complete and correct and all outlays herein are for purposes set forth in
the contract.Further,I certlfythatthe attached monthly and YTD service units/unduplicated clients'report is correct.
Prepared by Date: _
Approved by Date:
INCOMEIRECEIPTS A. Approved Budget B. Actual Total Billing C. Total Billing D. %of Approved
for this report Year to Date Budget Prior Mo.Receipts YTD
1.Federal Funds - $ - $ - #DN/01
7.TOTAL $ - $ #DIV/01
Billable Unit Cost Report Unduplicated Clients Served
(A) (B) (C) A (E) (F) (G) (A) (B)
CL
Services Contract Billable Unit Rate Amount EarnedY-T-D Y-T-D Current Month Y-T-D
Amount Units This Period Billable Billable Undup Clients Jndup Clients
Units Cost Served Served Prior YTDunits Prior YTD$
CNMLB $ $
CNMLS $ - - $
NTSC $ - - $ -
NUCOI $ - - $ -
MUTED $ $
EHOM $ - - $
SACV
-IERCV $ $
SCAS.. $ - - $ - N
$
Total $ $ $
CL
PSA#11 CCAA 105 Form,Feb 2021
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ATTACHMENT:
STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS
CIVIL RIGHTS
COMPLIANCE
CHECKLIST
Program/Facility Name: Monroe County Board of County
Commissioners, Social Services/In-Home Services County: c r
Address; IC00 6I -C 16aff Completed By: 'n, i(I
r'A L
City, State, Zip Code; ( e54 33040
Date: I Telephone. — S
PART I.
READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH
WILL HELP YOU IN THE COMPLETION OF THIS FORM.
1. Briefly describe the geographic area served by the program/facility and the type of service provided:Tli
KE S I�tal 5 P S u
SCL
2. POPULATION OF AREA SERVED. Source of data:
o % hit % BI c % H s a is % they % F al
3. STAFF CURRENTLY EMPLOYED. Effective date: ! 1
Total# %White % Black % Hispanic %Other e=ernale7 % Disabled
4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date:
To al I %White I % Black % H' panic % Other % Female % Qisab4d %Over 40 y
5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE.
Total# %White` % Black % Hispanic % Other % Female % Disabled
PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE.
6. Is an Assurance of Compliance on file with DOER? If NA or NO, explain. N YES
NO
7. Compare the staff composition to the population. Is staff representative of the population?
If NA or NO, explain.
NA YES NO
❑ U ❑
8. Are eligibility requirements for services applied to clients and applicants without regard to race, NA YES NO
color, national origin, sex, age, religion or disability? If NA or NO, explain. ❑ ❑
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9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner
regardless of race, sex, color, age, national origin, religion or disability? NA_YES O_If NA or NO, explain.
10. For in- atient services, are room assignments made without regard to race, color, national origin or disability?
NA YES_NO— If NA or NO, explain.
e, ale, &f n e� t rX O 1 r xa
I
11. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain.
eg
12. Are employees, applicants and participants informed of their protection against discrimination? CL
If yes, how? Verbal Written Poster f NA or NO, explain.
CJ
13. Give the number and current status of any discrimination complaints regarding services or
employment filed against the program/facility.
r9
14. Is the progra acility physically accessible to mobility, hearing, and sight-impaired individuals? CL
..
NA_YES_NO` If NA or NO, explain.
PART III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES
15. Has a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to
make any necessary modifications? If NO, explain.
16. Is there and establisY grievance procedure that incorporates due process in the resolution
of complaints?YE NO_ If NO, explain.
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17. Has a person been designated to coordinate Section 504 compliance activities? YES - NO_If NO, explain.
18. Do recruitment and notification materials advise applicants, employees and participants of
nondiscrimination on the basis of disability? If NO, explain.
19. Are auxiliary aids a ilable to assure accessibility of services to hearing and sight impaired
individuals? YES_NO`If NO, explain.
0
CL
PART IV
FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF
$50,000 OR MORE.
20. Do you have a written affirmative action plan? YES_NO_ If NO, explain.
CL
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Alliance USE ONLY
Reviewed By In Compliance: YES ❑ NO*❑
Program Office 'Notice of Corrective Action Sent
Date Telephone Response Due _/_/_
On-Site ❑ Desk Review ❑ Response Received _/_/_
INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST
1. Describe the geographic service area such as a district, county, city or other locality. If the
program/facility serves a specific target population such as adolescents, describe the target
population. Also, define the type of service provided.
2. Enter the percent of the population served by race and sex. The population served includes persons o
in the geographical area for which services are provided such as a city, county or other regional
area. Population statistics can be obtained from local chambers of commerce, libraries, or any
publication from the 1980 Census containing Florida population statistics. Include the source of c,
your population statistics. ("Other"races include Asian/Pacific Islanders and American
Indian/Alaskan Natives.)
3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the
effective date of your summary.
4. Enter the total number of clients who are enrolled, registered or currently served by the program or 0i
facility, and list their percent by race, sex and disability. Include the date that enrollment was CL
counted.
5. Enter the total number of advisory board members and their percent by race,sex, and disability. If
there is no advisory or governing board, leave this section blank.
6. Each recipient of federal financial assistance must have on file an assurance that the program will be
conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is
usually a standard part of the contract language for DOEA recipients and their sub-grantees, 45 CFR
80.4 (a).
7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if
10% of the population is Hispanic, is there a comparable percentage of Hispanic staff?
8. Where there is a significant variation between the race,sex or ethnic composition of the clients and their
availability in the population,the program/facility has the responsibility to determine the reasons for
such variation and take whatever action may be necessary to correct any discrimination. Some
legitimate disparities may exist when programs are sanctioned to serve target populations such as
elderly or disabled persons,45 CFR
80.3 (b)(6).
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9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of
services or employment? Evidence of such may be indicated in staff and client representation
(Questions 3 and 4)and also through on-site record analysis of persons who applied but were denied
services or employment, 45 CFR 80.3 (a)and 45 CFR 80.1 (b)(2).
10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory
services, physical and recreational therapies, counseling and social services without regard to race,
sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and
accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national
origin,religion,age or disability. Entrances, waiting rooms,reception areas, restrooms and other
facilities must also be equally available to all clients, 45 CFR
80.3 (b).
11. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race,
color, national origin or disability. Also, residents must not be asked whether they are willing to
share accommodations with persons of a different race,color,national origin,or disability,45 CFR
80.3 (a).
E
12. The program/facility and all services must be accessible to participants and applicants, including
those persons who may not speak English. In geographic areas where a significant population of
CL
non-English speaking people live, program accessibility may include the employment of bilingual
staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names
and telephone numbers of bilingual individuals who will assist in the provision of services, 45 CFR
W
80.3 (a).
13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI
available to their participants, beneficiaries or any other interested parties. This should include
r9
information on their right to file a complaint of discrimination with either the Florida Department of y
Elder Affairs or the U.S. Department of HHS. The information may be supplied verbally or in °CD
3
writing to every individual, or may be supplied through the use of an equal opportunity policy poster CL
displayed in a public area of the facility, 45 CFR 80.6(d).
m
14. Report number of discrimination complaints filed against the program/facility. Indicate the basis,e.g.,
race, color, creed, sex, age,national origin, disability, retaliation; the issues involved, e.g., services or
employment, placement,termination, etc. Indicate the civil rights law or policy alleged to have been <
violated along with the name and address of the local, state or federal agency with whom the
complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure
to conciliate, failure to cooperate, under review, etc.
15. The program/facility must be physically accessible to disabled individuals. Physical accessibility
includes designated parking areas, curb cuts or level approaches,ramps and adequate widths to
entrances. The lobby, public telephone, restroom facilities, water fountains, information and
admissions offices should be accessible. Door widths and traffic areas of administrative offices,
cafeterias, restrooms, recreation areas, counters and serving lines should be observed for
accessibility. Elevators should be observed for door width, and Braille or raised numbers.
Switches and controls for light,heat,ventilation,fire alarms, and other essentials should be
installed at an appropriate height for mobility impaired individuals.
16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance
conduct a self-evaluation to identify any accessibility barriers. Self-evaluation is a four step
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process:
❑ With the assistance of a disabled individual/organization, evaluate current practices and policies
which do not comply with Section 504.
❑ Modify policies and practices that do not meet Section 504 requirements.
❑ Take remedial steps to eliminate any discrimination that has been identified.
❑ Maintain self-evaluation on file.(This checklist may be used to satisfy this requirement if these
four steps have been followed.),45 CFR 84.6.
17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that
incorporate appropriate due process standards and provide for the prompt and equitable resolution of
complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b).
18. Programs or facilities that employ 15 or more persons must designate at least one person to
coordinate efforts to comply with Section 504.45 CFR 84.7 (a).
19. Continuing steps must be taken to notify employees and the public of the program/facility's policy
of nondiscrimination on the basis of disability. This includes recruitment material, notices for
hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a).
CD
20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to CL
persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may
include,but are not limited to, interpreters for hearing impaired individuals,taped or Braille
materials, or any alternative resources that can be used to provide equally effective services, (45
CFR 84.52 (d).
21. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop,
implement and maintain a written affirmative action compliance program in accordance with c�
Executive Order 11246. 41 CFR 60 and Title VI of the Civil Rights Act of 1964, as amended.
CD
CL
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ATTACHMENT D
BACKGROUNDSCREENING
,J . .m
Affidavit
E�n�OIRFTYT :�=� ui ually o€ ployrets fa -ply " �.11-Ll�d--
_:::5e tm tb ( [, gt�ttt
The term, 'employer' rneaaas arty person of entity required by law to conduct d screening,
including but not limited to,Area AgenciesonAgingt ing jani Disability)Resource Centers,Lead.5ge
and` rk ce Providers that contract chrectly or indirecOf with the D rtrm t of War a,z 'rs(DOER),tired
any other persona ar ematity which hires lay or laas volunteers in s nit e who meet the definition E
of a direct service proMer.see H 435-02,4 _ 2,Fla_ t.
5- A d"nrect service provider is°a person la years o$age or ruder who,pument to a program to WOvide
senixes to the elderly,has direct„far--to-face contact with a dient'whife proftAding servyes to the diemtt CL
and has access to the clients living area,funds,personaii propert,ar peesona!identification it bnnatio'a
as defined in s"$37.56ffi_The terns Wudes coordinators,managers,and supervisors of€sfdentta#fatrlitfs;
and• lUnteers" §430- 2(x)(b),Fla.s "
CJ
As the duly aLdborized representative€f
Error Wer t
located tie E
sneer r s sir r Fco e$ cy
I f do tmerebV affirm under Pena Ity of perjury U7
Name OfAftiewroede �
that the above.named employer is in complia e with the provisions of Chapter 435 and section CL
43G ,F"ari Statutes,re rd ding level 2 background screening, 0)
Signa tier 0 epres tative
STATE OF FLORIDA,COUNTY F
,worn to for a rmed}and subscribed before me this `day of ��'7, a } 21 a 1 by
(Na cfRepresentative oispersonalh noon
to me or produces _as unroof of ad ants cation.
.. .. 001-0609
arxtY c paeR..' vdmaaenEotr» PaSTe tarytlic eareY LINDSEY D
CO lSSION 970058
a� � � . �, ,b ��,• P! :Ju{y 8.2024
woEa� 233, aitiec�m ea-&znpvy .Sryeea-ebers:..zai'? :,e .s=*ssa� x
of?;®.� Notary Publ(c UnderAYAM
fursaasv¢a�bl�aki!�n.�irsrt�' >r..etc.fl.usleee�zPsy� aa�ursctsat�+rsre. -...._ -. -_
NROE
COUNTY ATTonNEY
•d -.
t8S Page 55 of 66
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ATTACHMENT F
Alliance for Aging,Inc.
Data Privacy and Security Business Associate Agreement
This Business Associate Agreement (`BA Agreement") is dated '31 1 2,0.Lf , by the Alliance for Aging, Inc.
("Alliance") and Monroe County Board of County Commission rs, Skicial Services/In-Home Services, ("Business
Associate"),a not-for-profit Florida corporation.
1.0 Background.
1.1 The Alliance has entered into one or more contracts or agreements with Business Associate ("Service Agreement")
that involves the use of Protected Health information(PHI).
1.2 The Alliance, 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 State and federal laws and regulations may establish specific conditions on when and how covered entities may share
information with contractors who perform functions for the Alliance and how that information must be kept private
and secure, and how individuals must be given access to their infonmation. Such laws and rules, to the extent
applicable to the Service Agreement,will be referred to in this BA Agreement as the Confidentiality Laws.
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1.4 The parties wish to ensure that all individually identifiable health information or other personal data used and
disclosed pursuant to the Service Agreement is kept secure and used and disclosed only as permitted by the CL
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Confidentiality Laws. The Health Insurance Portability and Accountability Act of 1996 and its implementing
regulations("HIPAA")and the Health Information Technology for Economic and Clinical Health Act(2009) and its
implementing regulations, require business associates of covered entities to comply with the HIPAA Security Rule,
as set forth in,but not limited to 45 C.F.R.§§ 164.308, 164.310, 164312,and 164316(2009)and such sections shall
apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity.
Neither Alliance nor Business Associate admit that they are subject to these provisions, but nevertheless intend that
PHI, as defined below, will be used by Business Associate only as contemplated by HIPAA and the HITECH Act �y
and as permitted by the Confidentiality Laws. y
The parties therefore agree as follows:
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2.0 Definitions. For purposes of this BA Agreement,the following definitions apply in addition to definitions elsewhere
in the BA Agreement:
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2.1 Access. The ability or the means necessary to read, write, modify, or communicate data/information or otherwise
use any system resource.
2.2 Administrative Safeguards. The administrative actions, and policies and procedures, to manage the selection,
development, implementation, and maintenance of security measures to protect electronic Protected Health
Information (ePHI) and to manage the conduct of the entity's workforce in relation to the protection of that
information.
2.3 Authentication. The corroboration that a person is the one claimed.
2.4 Availability. The property that data or information is accessible and useable upon demand by an authorized person.
2.5 Breach. The unauthorized acquisition,access, use,or disclosure of PHI which compromises the security or privacy
of such information.
2.6 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons
or processes.
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2.7 Information System. An interconnected set of information resources under the same direct management control
that shares common functionality. A system normally includes hardware, software,information,data, applications,
communications,and people.
2.8 Integrity. The property that data or information have not been altered or destroyed in an unauthorized manner.
2.9 Malicious software. Software,for example, a virus,designed to damage or disrupts a system.
2.10 Password. Confidential authentication information composed of a string of characters.
2.11 Physical Safeguards. The physical measures, policies,and procedures to protect an entity's electronic information
systems,as well as its buildings and equipment,from natural and environmental hazards,and unauthorized intrusion.
2.12 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 1.60 and
Part 164,subparts A and E.
2.13 Protected Information. (PHI) Personal facts about individuals, including individually identifiable information as
defined in 45 CFR §160.103, medical records subject to Section 456.057,Florida Statutes, hospital records subject
to 395.3025, Florida Statutes, customer records and personal information protected under Section 501.171, Florida
Statutes,and other personal data,whether in paper or electronic form,subject to state or federal laws or regulations
limiting use or disclosure, or subject to contractual obligations of confidentiality, limited to the information created
or received by Business Associate from or on behalf of Alliance. CL
2.14 Required by Law.Has the same meaning as the term"required by law"in 45 CFR§ 164.103.
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2.15 Secretary.The Secretary of the Department of Health and Human Services or his or her designee.
2.16 Security incident.The attempted or successful unauthorized access, use,disclosure,modification,or destruction of
information or interference with system operations in an information system.
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2.17 Security or Security measures. All of the administrative, physical, and technical safeguards in an information a)
system.
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2.18 Security Rule.The Security Standards for the protection of Electronic Protected Health Information at 45 CFR part
164, subpart C,and amendments thereto.
2.19 Technical Safeguards. The technology and the policy and procedures for its use that protect electronic protected
health information and control access to it.
2.20 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).
2.21 All other terms used, but not otherwise defined, in this BA Agreement shall have the same meaning as those terms
in the Privacy Rule.
3.0. Obligations and Activities of Business Associate.
3.1 Business Associate agrees to not use or disclose PHI other than as permitted or required by this BA Agreement,the
Service Agreement,or as Required by Law.
3.2 Business Associate agrees to:
(a) Implement policies and procedures to prevent,detect,contain and correct Security violations in accordance with
the Security Rule;
(b) 'Prevent use or disclosure of the PHI other than as provided for by this BA Agreement or as required by law;
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(c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI that the Business
Associate creates,receives,maintains,or transmits on behalf of the Alliance;and
(d) Comply with the Security Rule requirements including the Administrative Safeguards, Physical Safeguards,
Technical Safeguards, and policies and procedures and documentation requirements set forth in 45 CFR §§
164.308, 164.310, 164.312,and 164.316.
3.3 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business
Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this BA Agreement.
3.4 Business Associate agrees to promptly (within 48 hours) report to Alliance any use or disclosure of the PHI not
provided for by this BA Agreement of which it becomes aware. This includes any requests for inspection, copying
or amendment of such information and including any security incident involving PHI.
3.5 Business Associate agrees to notify Alliance without unreasonable delay of any breach pertaining to:
(a) Identification of any individual whose unsecured PHI has been, or is reasonably believed by the Business
Associate to have been, accessed,acquired,or disclosed during such security breach;and
(b) All information required for notices required by Section 501.171, Florida Statutes, as well as the Privacy Rule
and Security Rule, and such other information requested by the Alliance.
3.6 Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received
from, or created or received by Business Associate on behalf of the Alliance, agrees to the same restrictions and
conditions that apply through this BA Agreement and the Service Agreement to Business Associate with respect to CL
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such information.
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3.7
(a) Business Associate agrees to provide access,at the request of the Alliance during regular business hours,to PHI
to the Alliance or, as directed by Alliance,to an individual in order to meet the requirements the Confidentiality
Laws;and
(b) Business Associate agrees to make any amendment(s)to PHI that the Alliance directs or agrees to at the request
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of the Alliance within 10 business days of receiving the request. y
3.8 Business Associate agrees to make internal practices,books,and records,including policies and procedures and PHI,
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relating to the use and disclosure of PHI received from,or created or received by Business Associate on behalf of the
Alliance,available to the Alliance or to relevant regulatory authorities,which may include the Secretary,upon request
of the Alliance or the Secretary for purposes of determining compliance with applicable Confidentiality Laws. E
3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would
be required for the Alliance to respond to a request by an individual for an accounting of disclosures of PHI in
accordance with the Confidentiality Laws.
3.10 Business Associate agrees to provide to the Alliance, upon request, information collected to permit the Alliance to
respond to a request by an Individual for an accounting of disclosures of PHI in accordance with the Confidentiality
Laws.
3.11 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the
confidentiality, integrity, and availability of PHI in electronic or any other form,that it creates,receives,maintains,
or transmits on behalf of the Alliance.
3.12 Business Associate agrees to implement security measures to secure passwords used to access PHI that it accesses,
maintains, or transmits as part of this BA Agreement from malicious software and other man-made and natural
vulnerabilities to assure the availability,integrity,and confidentiality of such information.
3.13 Business Associate agrees to implement security measures to safeguard PHI that it accesses,maintains,or transmits
as part of this BA Agreement from malicious software and other man-made and natural vulnerabilities to assure the
availability,integrity,and confidentiality of such information.
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3.14 Business Associate agrees to comply with all other applicable Confidentiality Laws including, but not limited to,
restrictions on the sale of PHI and any obligations under the Confidentiality Laws delegated by the Alliance to
Business Associate, including any obligations under the Privacy Rule, and agrees to use and disclose only the
minimum necessary PHI to fulfill its obligations under this BA Agreement and the Service Agreement.
4.0 Permitted Uses and Disclosures by Business Associate.
Except as otherwise limited in this Agreement or any related agreement,Business Associate may use or disclose PHI
to perform functions, activities, or services for, or on behalf of, Alliance as specified in any and all contracts with
Alliance provided that such use or disclosure would not violate the Privacy Rule if done by Alliance or the minimum
necessary policies and procedures of the Alliance.
5.0 Specific Use and Disclosure Provisions.
5.1 Except as otherwise limited in this BA Agreement,the Service Agreement or any Confidentiality Laws, Business
Associate may use PHI for the proper management and administration of the Business Associate or to carry out the
legal responsibilities of the Business Associate.
5.2 Except as otherwise limited in this BA Agreement,the Service Agreement, or any Confidentiality Laws, Business
Associate may disclose PHI for the proper management and administration of the Business Associate, provided that M
disclosures are Required By Law,or Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for
the purpose for which it was disclosed to the person,and the person notifies the Business Associate of any instances CL
of which it is aware in which the confidentiality of the information has been breached.
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5.3 Business Associate may use PHI to provide data aggregation services to the Alliance as permitted by the
Confidentiality Laws,but only when specifically authorized in writing by the Alliance.
6.0 Obligations of Alliance. F
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6.1 The Alliance shall notify Business Associate of any restriction to the use or disclosure of PHI to which the Alliance
has agreed to the extent that such restriction may affect Business Associate's use or disclosure of PHI.
6.2 Permissible Requests by the Alliance. Except for data aggregation or management and administrative activities of CL
Business Associate, the Alliance shall not request that Business Associate use or disclose PHI in any manner that
would not be permissible under the Privacy Rule if done by Alliance.
7.0 Effective Date and Termination.
7.1 The Parties hereby agree that this BA Agreement is effective as of the date above and amends, restates and replaces
any other Business Associate Agreement currently in effect between the Alliance and Business Associate.
7.2 Termination for Cause. Upon the Alliance's knowledge of a material breach by Business Associate, the Alliance
may:
(a) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this
agreement if Business Associate does not cure the breach or end the violation within the time specified by the
Alliance;or
(b) Immediately terminate this BA Agreement and may also terminate the Service Agreement if Business Associate
has breached a material term of this Agreement and cure is not possible.
7.3 Effect of Termination. Except as provided in subparagraph(b)of this section, upon termination of this agreement,
for any reason,Business Associate shall return all PHI received from the Alliance or created or received by Business
Associate on behalf of the Alliance.No PHI shall be destroyed without the express written permission of the Alliance.
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(a) This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate.
Business Associate shall retain no copies of the PHI.
(b) In the event that Business Associate or Alliance determines that returning the PHI is infeasible, notification of
the conditions that make return of PHI infeasible shall be provided to the Affiliate. If the Affiliate agrees that
termination is infeasible, Business Associate may retain the PHI, subject to the requirements of this BA
Agreement.Business Associate shall extend the protections of this BA Agreement to such retained PHI and limit
further uses and disclosures of such retained PHI for long as Business Associate maintains such PHI.
8.0 Regulatory References. A reference in this agreement to a section in the Privacy Rule or Security Rule or other
Confidentiality Law means the section then in effect or as may be amended in the future.
9.0 Amendment. The Parties agree to take such action as is necessary to amend this agreement from time to time as is
necessary for the Alliance to comply with the requirements of the Confidentiality Laws.
10.0 Survival. Any term,condition,covenant or obligation which requires performance by either party hereto subsequent
to the termination of this BA Agreement shall remain enforceable against such party subsequent to such termination.
11.0 Interpretation. Any ambiguity in this BA Agreement shall be resolved to permit the Alliance to comply with the
Confidentiality Laws. E
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12.0 Notices. All notices and communications required,necessary or desired to be given pursuant to this BA Agreement,
including a change of address for purposes of such notices and communications, shall be in writing and delivered CL
personally to the other party or sent by express 24-hour guaranteed courier or delivery service, or by certified mail
of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other party as
follows(or to such other place as any party may by notice to the others specify):
To the Alliance: Alliance for Aging, Inc. F
Attention: Max Rothman er
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760 NW 107 Avenue (n
Miami,Florida 33172 a)
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To Business Associate: Monroe County Board of County Commissioners, Social Services/In-Home
Services
1 100 Simonton Street, 2"d Floor
Key West, FL 33040
Any such notice shall be deemed delivered upon actual receipt. If any notice cannot be delivered or delivery thereof is refused,
delivery will be deemed to have occurred on the date such delivery was attempted.
13.0 Governing Law. The laws of the State of Florida,without giving effect to principles of conflict of laws,govern all
matters arising under this BA Agreement.
14.0 Severability. If any provision in this agreement is unenforceable to any extent,the remainder of this BA Agreement,
or application of that provision to any persons or circumstances other than those as to which it is held unenforceable,
will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law.
15.0 Successors. Any successor to Business Associate (whether by direct or indirect or by purchase, merger,
consolidation, or otherwise) is required to assume Business Associate's obligations under this BA Agreement and
agree to perform them in the same manner and to the same extent that Business Associate would have been required
to if that succession had not taken place. This assumption by the successor of the Business Associate's obligations
shall be by written agreement satisfactory to the Alliance.
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16.0 Entire Agreement. This BA Agreement,together with the Service Agreement,constitutes the entire agreement of
the parties relating to the subject matter of this BA Agreement and supersedes all other oral or written agreements or
policies relating thereto, except that this agreement does not limit the amendment of this agreement in accordance
with section 9.0 of this BA Agreement.
Alliance for Aging,Inc.
By: ...._._ Date:
(signature)
Business Associate: Monroe County Board of County Commissioners,Social Services/In-Home Services
By: Date:
(signature)
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ATTACHMENT G
Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
AGING AND DISABILITY RESOURCE CENTER(ADRC)—OUTSOURCED FUNCTIONS
I. If applicable, the provider agrees to the following:
A. Perform ADRC outsourced functions in accordance with the Alliance's policies and procedures.
i. Policies and Procedures for Outsourced Function-Screening
ii. Policies and Procedures for Outsourced Function-Triage
iii. Policies and Procedures for Activation from Waitlist-Client Services
iv. Policies and Procedures for Termination from Waitlist-Client Services
B. Maintain wait lists in CIRTS in accordance with DOEA requirements.
C. Adhere to prioritization and targeting policy as set forth in the DOEA Programs and Services
Handbook, as applicable. c
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D. Ensure the Provider's Disaster Plan reflects ADRC Outsourced Functions, annually or as needed
to incorporate ADRC outsourced functions.
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E. Ensure against conflicts of interest and inappropriate self-referrals by referring consumers in need
of options counseling or long-term care services beyond the provider's scope of services to the
Aging and Disability Resource Center.
F. Ensure that services provided are in the clients' best interest, are the most cost effective, of high y
quality, and are responsive and appropriate to the assessed needs. 0i
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The Assessed Priority Consumer List (APCL) is maintained when services funded by the department are not
available. Contracted Providers of registered services for Local Services Program (LSP) and Older Americans m
Act(OAA) and CCAA must maintain waiting lists in the CIRTS database for registered services when funding
is not available.
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Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
Policy and Procedure for Outsourced function—Screening
Creation Date: March 5,2008
Revision Date: October 2019
Review Date: October 2019
Objective: To ensure that a comprehensive list of clients in need of services is maintained in CIRTS by
appropriate funding source and that the ADRC is thereby able to effectively gauge the level of elder
service need in Miami-Dade and Monroe Counties.
Policy: To obtain necessary information from clients in order to assist in determining level of need and
eligibility for registered services funded through OAA and LSP and CARES programs.
Procedure:
1. Providers will collect information from callers and conduct a 701 S assessment. Alternatively, if a
701 A(B)assessment already exists or is provided from another Provider the information from the 701 B E
can be utilized.
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2. The Provider will determine the services needed and the appropriate funding source(s) that provides CL
the needed services.
If the caller is in need of a service(s)that is not provided by the Provider,the Provider will refer caller
to the ADRC Elder Helpline, as well as,to other contracted Providers and community organizations.
3. The caller will be provided with general information regarding the ADRC as well as the ADRC Elder
Helpline contact number.
4. The caller will be informed of the services and funding sources that they are being placed on the wait
list for in CIRTS. CL
5. For non-case managed programs, the Provider will create a client record in CIRTS (if there is no
existing record)and enter the services needed for the caller by funding source and service. [If there is
an existing record in CIRTS, the appropriate fields will be updated].
6. If the Provider determines that the caller may qualify for more than one program for which the Provider
is funded, the Provider is encouraged to enter the appropriate information under multiple funding
sources. [If there is an existing client record in CIRTS,the client record in CIRTS will be updated with
appropriate information].
7. The Provider will inform caller that they will receive an annual re-assessment based on DOEA Wait
List Reassessment Standards and encourage caller to contact the ADRC Elder Helpline with any
questions.
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Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
Policy and Procedure for
Outsourced function-Triage
Creation Date: March 5, 2008
Revision Date: October 2019
Review Date: October 2019
Objective: To ensure that clients in need of DOEA funded services receive services based on the highest level of
need, first, as funding becomes available.
Policy: To assist clients in obtaining DOEA funded services as funding becomes available, based on level of
need as determined by a CIRTS priority score.
Procedure:
1. The Provider will conduct annual reassessments based on DOEA Wait List Reassessment Standards.
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2. If there is no current 701A or B in CIRTS, the Provider will conduct the annual reassessment(701 s) as
appropriate. Based on the information provided via the 701 S/A(B) assessment, the Provider will update
the client information in CIRTS specifically as it pertains to level of need for services by funding source.
3. The Provider will ensure that the CIRTS prioritization score is accurately maintained,according to DOEA U
Standards. If a significant change has occurred prior to the annual re-screening, the Provider must re-
screen.Definitions and examples of significant change are documented in the DOEA Programs&Services
Manual Chapter 2.
4. If the caller is in need of a service(s)that is not provided by the Provider,the Provider will refer caller to
the ADRC Elder Helpline, as well as, to other contracted Providers and community organizations. The
caller will be informed of the services and funding sources that the wait list for and/or have been removed
from the wait list for. CL
5. The Provider will remind client of the ADRC Elder Help Line contact number and to contact the ADRC
Elder Help Line with any questions or concerns.
6. As funding becomes available, the Provider will run CIRTS Prioritization Report and activate clients
according to DOEA Standards(refer to ADRC Client Activation Policies and Procedures).The Contracted
Provider will apply targeting criteria, as appropriate, to prioritized clients to ensure activations meet
programmatic requirements.
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Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
Policy and Procedure for
Activation from Wait List—Clients/Services
Creation Date: March 5, 2008
Revision Date: October 2019
Review Date: October 2019
Objective: To ensure that elders in need of DOEA funded services in Miami-Dade and Monroe Counties and on
the CIRTS wait list begin to receive services as funding becomes available.
Policy: ADRC will work with Providers to ensure that clients waiting for DOEA funded services begin to
receive those services as funding becomes available.
Procedure:
1. The Provider will activate clients on CIRTS wait list based on DOEA prioritization polices and funding
availability.
2. The Provider will update CIRTS status by funding source and service for any services being activated for
the client using appropriate CIRTS codes. 0
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3. Client may be left on wait list of a different funding source than the one being activated if the Provider
determines that it is appropriate.
4. Client may also be left on wait list in CIRTS if they are being activated by the Provider under a temporary
non-DOEA funding source and the Provider determines that the client's need will persist after the
temporary funding source is exhausted.
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5. The Provider will inform the client of any services/funding source that they are being activated for as well
as those services and funding sources that they will continue to be wait listed for.
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6. The Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns
regarding the status of any of their services.
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Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
Policy and Procedure for
Termination from Wait List—Clients/Services
Creation Date: March 5, 2008
Revision Date: October 2019
Review Date: October 2019
Objective: To ensure that the comprehensive list of clients in need of services in CIRTS is appropriately
maintained by funding source and that the ADRC is thereby able to effectively gauge the current level
of elder service need in Miami-Dade and Monroe Counties.
Policy: ADRC will maintain an accurate and current list of clients in need of elder services in Miami-Dade
and Monroe Counties with the assistance of the ADRC Contracted Providers.
Procedure:
1. The Provider will re-screen clients which the Provider initially placed on the CIRTS wait list for services
based on DOEA Reassessment Standards. 0
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2. The re-screening may be in the form of a phone screening or a home visit depending on the client's status
(i.e. active/pending)
3. The Provider will determine if the client is no longer in need(or eligible)for any of the services they were
wait-listed for.
4. The Provider will terminate the client from the wait list (entirely or by specific service) using the
appropriate CIRTS termination code for any services or funding source for which the client is determined
to no longer be eligible for or no longer in need of.
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5. The Provider will inform the client of any services/funding source that they are being removed from the
wait list for.
6. The Provider will inform client of their ability to be re-added to the wait list if their level of need should
change.
7. The Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns
regarding their wait list status.
8. Reference DOEA Programs and Services Handbook as applicable.
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