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Item C29 C.29 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.29 Agenda Item Summary #11618 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510 N/A AGENDA ITEM WORDING: Ratification of Standard Grant Contract # AA-2329, Older Americans Act (OAA) between the Alliance for Aging, Inc., (AAA) and the Monroe County Board of County Commissioners/Monroe County Social Services/In-Home Services and Nutrition Programs for the contract period of 01/01/2023 through 12/31/2023 for the amount of$741,663.26. ITEM BACKGROUND: The OAA program's primary purpose is to foster coordinated systems to serve older individuals and their caregivers in attaining and maintaining maximum independence at home with supportive services. This prevents premature nursing home or assisted living institutionalization and improves quality of life for older individuals and their family members countywide. PREVIOUS RELEVANT BOCC ACTION: BOCC approved OAA Contract AA-2229 on 01/21/2022 and OAA Contract Amendment#1 on 11/15/2022. CONTRACT/AGREEMENT CHANGES: Annual Contract STAFF RECOMMENDATION: Approval DOCUMENTATION: BACKUP EXECUTED OAA AA-2229 OAA AA 2229 Amendment 1 Contract OAA 2329 FINANCIAL IMPACT: Effective Date: 1/1/2023 Expiration Date: 12/31/2023 Packet Pg. 1193 C.29 Total Dollar Value of Contract: $741,663.26 Total Cost to County: 10% Cash match Current Year Portion: Budgeted: Source of Funds: Grant CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: 10% Cash match Insurance Required: No Additional Details: 12/07/22 NEW COST CENTER ADDED $741,663.26 125-6154122, 125-6154222, 125-6153022, 125-6153422, 125-6153322 REVIEWED BY: Sheryl Graham Completed 12/31/2022 2:38 PM James Molenaar Skipped 12/31/2022 2:38 PM Christina Cory Completed 01/03/2023 10:39 AM Purchasing Completed 01/03/2023 11:10 AM Budget and Finance Completed 01/03/2023 11:11 AM Brian Bradley Completed 01/03/2023 11:28 AM Lindsey Ballard Completed 01/03/2023 3:25 PM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 1194 AMENDMENT 001 CONTRACT AA - 2229 Page I rMS AMENDMIEN i'Is entereiJ into Luaweeri the Alliance for Aging, Inc.hereinafter referred to as the "Alliance", and Monroe County Board of County Commissioners,Social 5ervices/In�;",o`m' e Services, hereinafter referred to as the"Contractar"and collecovoy referred to as the"Parties." The purpose of this amendment is to adjust funding of the existing OAA contract in the following sub titles: L ........................... ....................................................................... .. 7............•......................................................... .... Recurring Recurring 2021 Final Carry Recurring 2022 Award Forward Final Award Total ..................................I--..................................................... ................................................................................................................ .....................................---..................................................... ................•.........................................•................................................................,................................................................... Title 11113 $5,342.86 $6,407.80 $6,745-48 $18,496.14 .............................................................................•.•.......................................I. ............ . ................ ............................................................. .....I............. . C1 $8,384.09 $000 0 $�L384,09 .Title................—.1-.................................................................... .11.�..�......................................................................... ............................ ........................................ Title C2 $21,625.17 �U.uuj $0.00 $21,625.17 .......................... .................................................. ....................................... ......................................................................................................................... .............. e IIIE . ........................ . •...... $556.38 $ 692.38 $11,8141,26 CN ..................................................... .......................... .................... ...................................... e 2'81 3�79 $564.31 4,774.60 "124" o 6f) cl) �7 1",;) N ..........................................................I............................ ........................................... 1122E.. Q --------------$ NSIP �14.0 00 .......... I...,........................... ...................... ($696.661 ....... TOTAL...................................................... .................................. 397-60 $64, ................................ ...........................................................• $12,013.99 L ........................................................... ....................................... This amendment changes the total OAA contract funding from. $726,265.90 to: $790,663.50 ....................................... .......................... 0 " U The Budget Summary by Title for the whole Fiscal Year(January 01-December 31, 2022)is as follows: I ............................. ............. ............... ..................... 0 PROGRAM TITLE...... .. ..................................VNI FUNDING SOURCE ............................................ -1.... ........... .............. ........... .................................................................................................. ...................... ...................................__.................................................................... .................................................C...... AMOUNT .F.R...!........ , `m—en.......... d—mi ''",1. ................................. I........................................................................ . ................................................ .................................. , ........................................................... ......... POlder Arica Act AnIstrato . . . Titl.e 1.1.18. S ...SHealth and Human Services 93.044 ............................$....13......6......,...8.......9. 6.85 ........................... Older American Act Administration i rllli�Vll' , E 0" "', J TitlellICI-Co r Meals U.S.Health and Human Services 93.045 1 � '6, ..............1 1-1................. -.. �m !�.........................•.................................. 77 5 Older American Act Administration Title IIIC2-Home Delivered Meals U.S. Health and Human Services 93.045 $267,315.84CN .................................................................................................................................................. ......................................................................... .............................................. ....................................................................................................................................................................... .............................................................................. CN Older American Act Administration CN CN �Title III E-Caregiver Support Services U.S.Health and Human Services 5 $128,659.14 $41 .47 Older American Act ............................................... Title 1.11 E Sar i e............. .......... ......................... 473 Nutrition Services Incentive Pr 3 AIC, I Nutrition............................•............................................................. ..........................................•.................• .. .... 39266.07 0 �M.rarn gZ ! TOTAL FEDERAL AWARD $790,663.5 ............................................................ ......................................... ..................................................................................................................... ...................................................................................................... .... ............................................................................... E Packet Pg. 1195 a C.29.b AMENDMENT 002 CONTRACT AA- 2229 Rage 2 The Alliance shall make payment to the provider for the provision of services up to a maximum number 1 of units of service and at the rate(s)stated below: Service to be Pt*Wed Service' MaxlmuiKunits ofservice Maximum ' Unit Rate Prior Units' r Additional' "'Total - Dollars ° _ '107 - -789': 18924.07 �q Eso?i an B nshiCoo� lo 11116 ,/' 516.67 31" 7' 55 606.97 Chore fIIB r 24.Q0 68Z 5 36 606.97 .9 Homemaker 1118 l; $15.20 Ap489' 232 11721 " $57 42A3 N' Personal Care iIIB 3320 1489 232' 1721 $57142A3. `- Screenin :&Assess 1118 ZC46 61 10 71 1,867.03 Shopping Assistance the _ AD 40 47 C.Fro-Areffate Meals Ci 9.00 '� 1 890. 18 807 _ 169264.97 Con"re ate Meals MLTCCIV $9.00 Can r "ate Meals Guest C2. $9.0o c14 Can re"ate Meals Volunteer C1 9.00 C� n to Meals Sc e Meals C1 59.00 209 10 219 $1970.99 Con re "Cl V$20.0o 135 6 141 827.03 Nutrition Counsellif C1 7 $70.56 30 21 32 2 246.23 k1 gLllon Education Ci $1.02 694 34 . _ 728 HorttMWhrered FRrN 500 7 _ 2 99 . 37 043 $185 216.27 U Home Delivered Hot C2 ,/16.53 10185 897- 11082 $72,963.72. Em en Le Meals C2 .S3 415 ' 36 451 $2,948.13 Nutrition Counselin" C2 K$70.S6 3 0 3 222.28 0 Nutrition Education C2 " V. 11.02 382 331 41S 3.50 % Sea ete n In Home Ill.. Ass sl 2. � 86.46 .. 213 .. .0 19` 232 3 9Q6. 92 998 $21886A0 Respite-YacIlI 1111E- _- ./ 10.50 6,649 672 7.321 __$76,871.68 � a CaregIvarTrainfril0ijillE $81.75 87 9 96 $7823.62 ar $26. 6 67 : „o. 7 74., 117.85 �p� Care'nrerTrairnn Ind IIIE 7.5.00 244, Z4. 268 20 Oha S 24,00 45 .395 9 Chore I11E5 - .._-. � ~ Housfn Iris ravement IIIES. -. Cost.Reimh. _.. $10 50.50 N Material Aid IIIES. _ -.. _- -. Cost Reimb. 10 50.51 S lallzed Medical E uftd]ES . Cost Reimb. ° .. ' 10 289.18- D.72 55oss 54,536 CONTRACT TOTAL AS AMENDED 3:50 790,66 .✓ S 6A All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. r c� All provisions not In conflict with this amendment are still In effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. [� This amendment and all its attachments are hereby made a part of the contract. I IN WITNESS WHEREOF,the parties hereto have caused this amendment to be executed by their ' undersigned officials as duly authorized. James D. .,..,.w..,.� . , Monroe o un lBaard of County r �I 1e r �,,,,,,,.� ALLIANCE FORAGING,INC. to noy Snew ocials �ce�- .In-home ce .lT' �-�n waY'sorrxe ONL!i/WI J rfyj L11_a�Ls�/BJdpV_tR/�Gna�iao/,/Occ I5,202�13be EST ?`-7 sI�NED tr: l:D BY i - NAMES Crain Cate:t �•, �'+ ME: Max B.Rothman,lD,LL.M. TITLE_ Mayor rgglya '~ TITLE: President&CEO . DATE.. DATE: Dec 15,2022 Q}i:PUTY CLERK Packet Pg. 1196 C.29.b ��IIII°°°° ��w�w�� 2 �� III' 111 vIidei'"- sgned Final Audit Report 2022-12-15 Created: 2022-12-15 By: Stan Mcneese(mcneeses@aliianoeloraging.org) Status: Signed Transaction ID: CBJCHBCAABAAgia5ejKJERCDHDvTz4xvVPFdu6zg6uzz "Monroe County AA-2229 AMENDMENT 001 - Provider signed" History CU Document created by Stan Mcneese(mcneeses@allianceforaging.org) 2022-12-15-5:29:49 PM GMT-IP address:52.201.156.234 0 U Document emailed to rothmanm@allianceforaging.org for signature 2022-12-15-5:30:43 PM GMT Email viewed by rothmanm@allianceforaging.org 2022-12-15-6:07:37 PM GMT-IP address:73.245.17.80 E `, pm Signer rothmanm@allianceforaging.org entered name at signing as Max B. Rothman 2022-12-15-6:08:18 PM GMT-IP address:73.245.17.80 CN cN Document e-signed by Max B. Rothman (rothmanm@allianceforaging.org) Signature Date:2022-12-15-6:08:20 PM GMT-Time Source:server-IP address:73.245.17.80 Agreement completed. 2022-12-15-6:08:20 PM GMT E� c5 Adobe Acrobat Sign Packet Pg. 1197 C.29.c AA- ALLIANCE FOR AGING, INC. STANDARD CONTRACT OLDER AMERICANS 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"Panties." The term contractor for this purpose may designate a vendor, sub-grantee or sub-recipient, the status to be further identified in ATTACHMENT 11, 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 C14 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. 2. Definitions ADL—Activities of Daily Living APS—Adult Protective Services c U ADA—Americans with Disabilities Act Alliance—Area Agency on Aging APCL—Assessed Priority Consumer List 0- CIRTS—Client Information and Registration Tracking System 0) DOEA—Department of Elder Affairs(The Department) M I&R—Information and Referral IADL—Instrumental Activities of Daily Living MOA—Memorandum of Agreement MOU—Memorandum of Understanding NSIP—Nutritional Services Incentive Program OAA—Older Americans Act c U PSAs—Planning and Service Areas corresponding to Miami-Dade and Monroe Counties SPA—Service Provider Application USDA—United States Department of Agriculture c� 3. Incorporation of Documents within the Contract This contract incorporates by reference attachments,proposal(s),Provider's Service Provider Application,and the current DOEA Programs and Services Handbook(the"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 January 1,2023 or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, local time in Miami, Florida, on December 31, 2023, unless renewed or extended as provided herein. 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$741,663.26 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. Page 1 of 67 Packet Pg. 1198 C.29.c AA- 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,and any amendments,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: 7.1.1. The Provider shall comply with the provisions of 45 CFR 74 andJor 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 11738, as M amended,and where applicable Environmental Protection Agency regulations 40 CFR 30. The Provider 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 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 0 be completed and returned with this signed contract. U 7.1.4. In accordance with Appendix A to 2 CFR 215, the Provider 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 c14 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 t0 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. 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 170.1 10(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 Page 2 of 67 Packet Pg. 1199 C.29.c AA system to verify employment of all new employees hired by the subcontractor and/or vendor during the contract term. 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 8.1. This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in alt respects in accordance with the Florida law,including Florida provisions for conflict of laws. 8.2. The Provider shall comply with the requirements of s.287.058, Florida Statutes("F.S.")as amended. 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 Provider shall comply a ith the criteria and trial date by which such criteria mutit be met for completion of this contract as specified in A F]ACI IMENI I, Section III. Method of Pa,ment. 8.2.3. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 8.2.4. If itemized payment for travel expenses is permitted in this contract, the Provider will submit bills for any travel expenses in accordance with s. 112.061, F.S.,or at such lower rates as may be provided in this contract. 8.2.5. The Provider shall allow public access to all documents, papers, letters, or other public records as defined in M subsection 1 19,01 1(12), F.S., made or received by the Provider 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 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 0 Rule 41-2,Florida Administrative Code ff.. A. C."). U 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. , cN M 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 c"i contract funds for the purpose of lobbying the legislature,judicial branch or a state agency. 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 t0 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 CU 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,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. 9.2. Further information concerning the procedures for background screening is found at 1nrt1i� ,Mn�Kdla.u-glnnvkunS ui�u end„RAmdI0�tnx baic�k2NNW] SIC ,ir11uur1i)Vf)1 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. Page 3 of 67 Packet Pg. 1200 C.29.c AA- 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, of the Handbook, to address complaints regarding the termination, suspension or reduction of services,as required for receipt of funds. 10.1. Complaint Procedures The Provider shall develop and implement complaint procedures and ensure that subcontractors and/or vendors develop and implement complaint procedures to process and resolve client dissatisfaction with services.Complaint procedures shall address the quality and timeliness of services, provider and direct service worker complaints,or any other advice related to complaints other than termination,suspension or reduction in services that require the grievance process as described in Appendix D,of the 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 I.L By execution of this contract. Provider agrees to all provisions of Chapter 119. F'.S.. and any other applicable la%%, and shall: C� 1 1.1.1.Keep and maintain public records required by the Department to perform the contracted services. 1 1.1.2. Upon request from the Alliance or the Department's custodian of public records, provide the Alliance or the Department a copy of the requested records or allo%% the records to be inspected or copied %Nithin a reasonable time at a cost that does not exceed the cast provided in Chapter 119.. I .S., or as otherx�lse U provided by la,.%. 1 1.1.3. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirement~ are not disclosed except as authori/,ed by law for the duration of the contract term and CN 1o11oNNing completion of the contract if the Provider does not transfer the records to the Alliance or the C14 Department. 11.1.4. Upon completion ofthe contract,the Provider will either transfer.at no cost to the Alliaice.all public records in possession of the Provider. or Neill keep and maintain public records required by the Department. Ifthe y Provider transfers all public records to the Department upon completion of the contract. Provider shall destroy any duplicate public records that areexempt, or confidential and exempt, I`rom prwblic records disclosure requirements. 11' the Provider keeps and maintains public records upon completion of the U contract, the Provider shall meet all applicable requirements for retaining public records.All records stored clectronically must be provided to the Department in a formal that is compatible with the information technology systems of the Department. c� 11.2. The Alliance may unilaterally cancel this contract, notwithstandin an) other provisions of this contract,, for refusal by the Provider to comply N%ith A1'iACI IMEN f I of this contract by not allOX%ing public access to all documents, papers, letters.or other material made or received b., the Provider in conjunction with this contract.unless the records are exempt.or confidential and exempt. from s.24(a)of Article 1 of' the State Constitution and s. 119r07(1). 1,.S. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTV TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of Elder Affairs 4040 Esplanade Way Tallahassee, Florida 32399 850-414-2342 doeapublicrecordsta'elderaffairs.or; Page 4 of 67 Packet Pg. 1201 C.29.c AA 112. 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. M 12.5. At all reasonable times for as long as records are maintained,persons duly authorized by the Alliance,DOEA and Federal C� 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 0 related third-party transactions are disclosed to the auditor. U 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 a2,recs that it shal i C14 include in related subcontracts a requirement that subcontractors and!or vendors performing ork or providing � services pursuant to this contract agree to cooperate ri ith the Alkow or Inspector General in any investigation. audit, inspection„ rr;vicde or ha arir}g pursuant to s, 20.055(5). I .S. By eXecution of this contract the Provider understands and will comply 4Xith this subsection. 13. Nondiscrimination-Civil Rights Compliance 0 U 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, color, disability,pg � a g � Y, national origin,marital status or sex in compliance with state and federal law and regulations. 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,employees,and participants of the right to file a complaint with the appropriate federal or state entity, 13.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the 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 Page 5 of 67 Packet Pg. 1202 C.29.c AA-2329 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 Handbook and the procurement documents leading to this contract. 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 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. M 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. 0 16.1 New Contract(s) Reporting: U The Provider shall notify the Alliance within ten(10)days of entering into a new contract with any other state human service agency. The notification shall include the following information: (1) contracting state agency and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) �s contract description and commodity or service;and(6)Contract Manager name and contact information. cM c14 17. Indemnification The Provider shall indemnify, save, defend, and hold harmless the Department and 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 t0 negligence. 18. Insurance and Bonding c� 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 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. Page 6 of 67 Packet Pg. 1203 C.29.c AA- 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. 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(49)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. CN CN 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(I-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon the Provider, subcontractors, vendors, and their employees. 0 22. Bankruptcy Notification U 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 District of Florida,Tallahassee Division);and,(4)the CC4 name,address,and telephone number of the bankruptcy attorney. CN 23. Sponsorship and Publicity 0 c� 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 t0 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 E as the name of the organization. 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. 24. 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. Page 7 of 67 Packet Pg. 1204 C.29.c AA- 25. Subcontracts 25.1 The Provider is responsible for all work performed pursuant to this contract and procurement documents leading 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 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 M 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 subcontractors and/or vendors. All deductions for social security, withholding taxes, income taxes,contributions to unemployment compensation funds and all necessary insurance for the Provider shall be the sole responsibility of the Provider. 0 U 27. Payment 27.1. Payments will be made to the Provider pursuant to s.215.422, F.S., as services are rendered and invoiced by the Provider. 0) The Alliance will have final approval of the invoice for payment and will approve the invoice for payment only if the cM Provider has met all terms and conditions of this contract,unless the purchase order or this contract specify otherwise. The cN approved invoice will be submitted to the Alliance's fiscal section for budgetary approval and processing. Disputes arising over invoicing,and payments will be resolved in accordance with the provisions of s.215.422 F.S. c� 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 Provider shall comply with the particular requirements under the following laws and t0 guidelines that are applicable to the contracts or agreements incorporating in this contract by reference:(a)paragraph(16) (b)of s.216.181,F.S.,regarding advances;(b)Rule 691-40.103 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: c� a.a 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. 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 Vill in order to avoid any payment delays. Page 8 of 67 Packet Pg. 1205 C.29.c AA- 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. 29. Data Integrity and Safeguarding Information The Provider and its subcontractors and^°or vendors shall insure an appropriate level of data security for the information the Provider is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Provider employees that request 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 losses or outages of the M 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. c� 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, 0 contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third parties, such as, but not U 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 ) policy I V III uVw:.usull III Vull M Flickr and YouTube. This olic is available on DOEA's website at: ll'uiuip ry r llh l u, Il II nnu iu III u, II N CN 31. Conflict of Interest The Provider shall establish safeguards to prohibit employees,board members,management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 0 No employee,officer, or agent of the Provider or subcontractor shall participate in selection, or in the award of an agreement supported by state or federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer, or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization which employs,or is about to employ, any of the above, has a financial or other interest in the firm selected for award.The Provider or subcontractor's officers,employees or agents will neither solicit nor accept gratuities,favors or anything of monetary value from Providers,potential Providers,or parties to subcontracts. Pursuant to Chapter 4,Section 2 of the Handbook,no Provider may employ,in any capacity,any member of its governing board or any family member of a person on the board or family member of its Executive Director. The Providers' 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 that position, or if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of this contract.The Providers'employees and subcontractors must make the same disclosures described above to the Providers'Board of Directors.Compliance with this provision will be monitored. 32. Public Entity Crime Pursuant to s. 287.133, F.S., 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 Page 9 of 67 Packet Pg. 1206 C.29.c AA-2329 as a Provider, supplier, sub-Provider, 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. If the Provider or any of its officers or directors is convicted of a public entity crime during the period of this agreement, the Provider shall notify the Alliance immediately. Non-compliance with this statute shall constitute a breach of this agreement. 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 of an emergency preparedness plan, Continuity of Operations Plan. ("COOP"). In the event of an emergency, the Provider shall notify the Alliance of emergency provisions. The COOP must address continuity of services,especially for meal providers, in weather and non- weather-related emergencies. 33.2 In the event a situation results in a cessation of services by a subcontractor andior vendor, the Provider shall retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruptions. c14 33.3 Providers offering nutrition services must have an Alliance approved shelf stable menu with at least 3 days'worth of shelf Q stable meals with reserved funds set aside to purchase the food items in order to ensure continuity of services without interruptions in weather and no-weather related emergencies. c� 34. Use of Contract Funds to Purchase Equipment No funds under this contract will be used by the Provider to purchase equipment. t0 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 0, 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 ) CN books not circulated to students or the general public,with a value or cost of$250.00 or more [for state funds]. cM cN 35. The PUR 1000 Form is hereby incorporated by reference and available at: ��u'�; �e re �ti.irrt�i' Illiauu�q�xm.�.^a:roiiro �u � 'a i�.��uq,lu;ro II i� hV;Ih II�QluVli��i.��alllll c� 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 t0 PUR 1000 Form are required by any section of the Florida Statutes,the terms or conditions contained in the PUR 1000 Form shall take precedence. 36. Use of State Funds to Purchase or improve Real Property 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 this contract shall be decided by the Contract Manager,who shall reduce the decision to writing and serve a copy on the Provider. 39. No Waiver of Sovereign Immunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 39. Venue If any dispute arises out of this contract,the venue of such legal recourse will be Miami-Dade County,Florida. 40. Entire Contract Page 10 of 67 Packet Pg. 1207 C.29.c AA This contract contains all the terns 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 written amendment to this contract signed by both Parties. 41. 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. 42. 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. 43. 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. 44. 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 M 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. c� 45. 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 0 waiver of the Alliance's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude U any other or further exercise thereof or the exercise of any other right. 46. Compliance 0) The Provider shall abide by all applicable current federal statutes, laws,rules and regulations as well as applicable current state cM statutes, laws, rules and regulations, policies of the Alliance and the Department, and the terms of this contract. The Parties c14 agree that failure of the Provider to abide by these laws, rules, regulations,policies,and terms of this contract shall be deemed an event of default of the Provider and subject the Provider to disciplinary action including corrective action, unannounced 0 special monitoring, 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 noncompliance,or other administrative action to immediate,unilateral contract cancellation at the discretion of the Alliance. t0 If the Alliance finds that the Provider fails to abide by all applicable current federal and state statutes,laws,rules and regulations, as well as conditions of this contract,the Alliance shall provide the Provider Notice of Violation which shall include a concise statement of the specific violations of the Provider and the facts relied upon to establish the violation. Upon receipt of the Notice of Violation,the Provider shall have twenty-one(21)days to respond to the Notice of Violation. The Provider's response must include a statement of any disputed issues of material fact and a concise statement of the specific facts the Provider contends warrant reversal or deviation from the Alliance's proposed action, including an explanation of how the alleged facts relate to the specific rules,statutes,or contractual term. Failure of the Provider to respond to the Notice of Violation within twenty-one(21)days shall be deemed a waiver of the rights outlined above and the Alliance will proceed against the Provider by default. The Alliance,upon receiving a timely filed response to a Notice of Violation,will forward the response and all accompanying documentation to the Contract Manager to review and consider. The Contract Manager shall,within 30 days after the receipt of the Provider's response,file an order which lays out the final determination of disciplinary action by the Alliance. 47. Final Invoice The Provider shall submit the final invoice for payment to the Alliance as specified in section 3.D. (date for final request for payment)of ATTACHMENT 1. 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 Page 11 of 67 Packet Pg. 1208 C.29.c AA 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. 48. Renegotiations or Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. 49.Suspension of Work: The Alliance may in its sole discretion suspend any oral]activities under this contract and any contractor 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) issue a notice authorizing resumption of work, at which time activity shall resume, or(2)terminate the contract or purchase order. Suspension of work shall not entitle the Provider to any additional compensation. 50. Termination 50.1 Termination for Convenience. This contract may be terminated by either party without cause upon no less than thirty(30) calendar days' notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice M shall be delivered by U.S. Postal Service with verification of delivery or any expedited delivery service that provides ' verification of delivery or by hand delivery to the Alliance Contract Manager or the representative of the Provider responsible for administration of the contract. The Provider shall not furnish any product after it receives the notice of CU termination,except as necessary to complete the continued portion of the contract,if any.The Provider shall not be entitled to recover any cancellation charges or lost profits. See notes on email regarding this paragraph. t0 50.2 Termination for Cause.The Alliance may terminate this contract if the Provider fails to(1)deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any term of the contract, (4) abide by any statutory requirement, regulatory requirement, licensingCN �s requirement, or Department policy or (5) in the event funds for payment become unavailable for this contract. The cM Alliance will be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, cN the Provider will be compensated for any work satisfactorily completed prior to the date of termination. Rule 60A- 1.006(3), F.A.C.,governs the procedure and consequences of default. The Provider shall continue work on any work not 0 terminated. Except for defaults of subcontractors at any tier, the Provider shall not be liable for any excess costs if theCU failure to perform the contract arises from events completely beyond the control,and without the fault or negligence,of the Provider.1 f the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default t0 is completely beyond the control of both the Provider and the subcontractor,and without the fault or negligence of either, .. the Provider shall not be liable for any excess costs for failure to perform, unless the subcontracted products or services were obtainable from other sources in sufficient time for the Provider to meet the required delivery schedule. If, after termination, it is determined that the Provider was not in default, or that the default was excusable, the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenience of the Alliance. The rights and remedies of the Alliance in this clause are in addition to any other rights and remedies provided by law or under the contract. 50.3 Upon expiration or termination of this contract, the Provider and subcontractors shall transfer all public records in its possession to the Alliance and destroy any duplicate public records that are exempt or confidential and exempt from public records,disclosure requirements at no cost to the Alliance. All electronically stored records shall be provided to the Alliance in a format that is compatible with the Alliance's information technology system(s). 51.Successors This contract shall remain binding upon the successors in interest of either the Alliance or the Provider,subject to the assignment provisions in Section 22 above. 52. Electronic Records and Signature 52.1 The Alliance authorizes, but does not require, the Provider to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract. A Provider that creates and retains Page 12 of 67 Packet Pg. 1209 C.29.c AA-2329 electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, s. 668.50, F.S.. All electronic records must be fully auditable; are subject to Florida's Public Records Law,Ch. 119,F.S.;must comply with Section 29,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. 52.2 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 upon further written consent by the Alliance. 52.3 Upon request by the Alliance,the Provider shall provide the Alliance or Department 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: CN Any report that implies criminal intent on the part of the Provider or any subcontractors and/or vendors and was referred M 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 CU 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. 0 U 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 cM carrying out federal service programs administered by the Corporation for National and Community Service), in c14 community service settings. 53.3 Enforcement: 53.3.1 In accordance with s.430.04, F.S.,the Alliance may,without taking any intermediate measures available to it t0 against this contract rescind this contract if the Alliance finds that: 53.3.2 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; 53.3.3 The Provider lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; 53.3.4 The Provider has committed multiple or repeated violations of legal and regulatory standards,regardless of whether such laws or regulations are enforced by the Alliance, or the Provider has committed or repeated violations of Alliance standards; 53.3.5 The Provider has failed to continue the provision or expansion of services after the declaration of a state of emergency;and/or 53.3.6 The Provider has failed to adhere to the terms of any contract or agreement incorporating in this Contract. 53.3.7 In the alternative,the Alliance may,at its sole discretion, in accordance with section 430,04, F.S.,take immediate measures against the Provider,including:corrective action,unannounced special monitoring,temporary assumption of the operation of one or more contractual services, placement of the Provider on probationary status, imposing a Page 13 of 67 Packet Pg. 1210 C.29.c AA-2329 moratorium on Provider action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 53.4 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. 53.5 Use of Service Dollars: The Provider will optimize the use of contract funds by serving the maximum possible number of individuals with the services allowed by this contract.The Provider will spend all funds provided by this contract to provide such services. 53.6 Training: The Provider will attend all required trainings and meetings schedule by the Alliance. 54.Contract Manager The Alliance may substitute any Alliance employee to serve as the Contract Manager. 55.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 M 760 NW 107th Ave,Suite 214 c� Miami, Florida 33172 (305)670-6500, Ext.224 0 U 0) c14 M c14 c� 0 $I.AN K U c� The name,address,and telephone number of the representative of the Provider responsible for administration of the program under this contract is: Page 14 of 67 Packet Pg. 1211 C.29.c AA Monroe County Board of County Commissioners,Social The Provider name,as shown on page I of this Services/In-Home Services A contract,and mailing address of the official payee to 1 100 Simonton Street,2"d Floor whom the payment shall be made is: Key West, FL 33040 305-292-4510 Sheryl Graham The name of the contact person of the Provider and Monroe County Board of County Commissioners,Social B street address where financial and administrative Serviceslin-Home Services records are maintained is: 1 100 Simonton Street,21 Floor Key West, FL 33040 305-292-4510 Sheryl Graham The name,address,and telephone number of the Monroe County Board of County Commissioners,Social c Servicesalln-Home Services representative of the Provider responsible for 2' eet,1100 Simonton Str 2"d Floor administration of the program under this contract is: Key West, tr 3 305-292-4510 Alliance for Aging, Inc. The section and location within the AAA where Fiscal Department CN d 760 NW 107th Avenue,Suite 214 Requests for Payment and Receipt and Expenditure � 305-670-6500 forms are to be mailed is: Miami, Florida 3155 500 c� Contract Monitor e The name,address,and telephone number of the Alliance for Aging, Inc. 0760 NW 107th Avenue,Suite 214 Contract Manager for the AAA for this contract is: Miami,Florida nue Su I 305-670-6500 0) 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. c14 c� 0 U c� buwv- 56. All Terms and Conditions Included This contract and its Attachments 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 Page 15 of 67 Packet Pg. 1212 C.29.c AA-2329 obligations other than those contained herein,and this contract shall supersede all previous communications, representations or agreements,either written or verbal between the Parties. By signing this contract,the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, SOCIAL SERVICE91N-HOME SERVICES ALLIANCE FOR AGING,INC. SIGNED BY: � SIGNED BY: NAME: Roman Gastesl NAME: MAX B.ROTHMAN,JD,LL.M. TITLE: County Administrator TITLE: PRESIDENT AND CEO DATE: 1 Z.Z9.2O22 DATE: CN c'� c� 0 U 6 M � cN 0 .. 4o t"t-arrrr 0 e �u y @ na Cory,, Ass:iuxit County AnomeN Dat cs 0 U E Page 16 of 67 Packet Pg. 1213 C.29.c AA INDEX TO CONTRACT ATTACHMENTS ATTACHMENT ATTACHMENT DESCRIPTION ATTACHMENT I STATEMENT OF WORK ATTACHMENT 11 FINANCIAL COMPLIANCE AUDIT ATTACHMENT ATTACHMENT II AUDIT REPLATIONSHIP DETERMINATION EXHIBIT I ATTACHMENT 11 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT EXHIBIT 2 ATTACHMENT III CERTIFICATIONS AND ASSURANCES ATTACHMENT VI ASSURANCES—NON—CONSTROC''J'ION PROGRAMS ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE ATTACHMENT VIII OLDER AMERICANS ACT CONTRACT REPORT CALENDAR CN Cn C� ATTACHMENT IX REQUEST FOR PAYMENT ATTACHMENT X, RECEIPTS AND EXPENDITl,1RES, FOR ALL OAA TITLES EXHIBIT I m ATTACHMENT X, RECEIPTS AND EXPENDITURES, FOR NSIP EXHIBIT 2 L) ATTACHMENT X, PROVIDER MONTHLY MEALS REPORT, FOR NSIP EXHIBIT 3 ATTACHMENT B DEPARTMENT OF ELDER AFFAIRS' CML RIGHTS COMPLIANCE 0) CHECKLIST AND INSTRI„ICTIONS CN cN ATTACHMENT D BACKGROUND SCREENING --,AFFIDAVIT OF COMPLIANCE ATTACHMENT F DATA PRIVACY&SECURITY BUSINESS ASSOCIATE AGREEMENT c� ATTACHMENT G ADRC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS 0 u c� Page 17 of 67 Packet Pg. 1214 C.29.c AA-2329 ATTACHMENT I ALLIANCE FOR AGING, INC. STATEMENT OF WORK OLDER AMERICANS ACT SECTION 1: SERVICES TO HE PROVIDED A. 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. B. PROGRAM SPECIFIC TERMS Area Plan. A plan developed by the area agency on aging outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Act and DOEA instructions. Area Plan Update: A revision to the area plan wherein the Alliance enters OAA specific data in the CIRTS. An update may also include other revisions to the area plan as instructed by the DOEA. c14 Child: An individual who is not more than 18 years of age or an individual with disability. Criteria: A standard which the Administration on Aging/Administration for Community Living set for the Title IIID Program. y AoA/ACL's standard criterion consists of three tiers: Minimal Criteria,Intermediate Criteria,and Highest-Level Criteria. CU Family Caregiver: An adult family member,or another individual,who is an informal provider of in-home and community care U to an older individual. Frail: When an older individual is unable to perform at least two activities of daily living ("ADL")without substantial human 0 assistance, including verbal reminding, physical cueing or supervision; or due to cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual cN 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 y 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. U Living Healthy: Also known as CDSMP for the State of Florida. C. GENERAL DESCRIPTION 1. General Statement The primary purpose of the OAA Program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals. These systems assist older individuals to attain and maintain maximum independence with supportive services. The NSIP provides incentives for the effective delivery OfMitritioeis meals to older individuals.N I11 alloN%s programs to increase the number and/or the quality of meals served. NSIP is a cash allotment or commodity program that Supplements funding or food used in meals served ender the OAA. Florida has opted for cash payments in lieu of donated foods. 2. Authority All applicable federal laws, regulations, action transmittals, prograrn instructions, revieW guides and sirn,10ar documentation related to the following: a. Catalog,of Federal Domestic Assistance No. 93.043, 93.044. 93.045, 93.052, and 93.053; Page 18 of 67 Packet Pg. 1215 AA b. Older Americans Act of 1965, as amended 7016; c. 42 U.S.C. §303,42 S.C. §604-, d. Rule 58A-1, Florida Adniinistrafi,e Code (FAQ-, c. Section 430.1 1, Florida Statutes J".S.). and F. DOE'A Pro-rarnsand Services Handbook, .121')1112111111u doC1,111nicinN 3. Scope of Service The Provider is responsible for coordinating and assessing the needs of older persons and assuring the availability of quality services. The services shall be provided in a manner consistent with the Handbook and the procurement documents leading to this contract. If receiving NSIP funding,the provider shall use NSIP funding to supplement funding for food used in meals served by OAA Nutrition Program Providers. 4. Major Program Goals The major goals of the OAA program are to improve older individual's quality of life, preserve their independence, and prevent or delay their need for costlier institutional care. These goals are achieved through the implementation of a comprehensive and coordinated service system that provides a continuum of service alternatives and effective delivery of nutritious meals that meet the diverse needs of elders and their caregivers. C14 5. Leadership and Advocacy M C14 As a designated Focal Point,a provider is encouraged to provide coordination of services for older individuals. The Provider must also provide community leadership on aging issues and serve as the advocate and fecal 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 0 for older persons and their interests.Advocacy activities may be broadly supportive of the general interests of older persons U or may involve specific activities on behalf of individuals. I 0 D. CLIENTS TO BE SERVED 0) C14 M 1. General Description CN Preference shall be given to those with the greatest economic and social needs,with particular attention to low-income older I individuals, including those that are low-income minorities,have limited English proficiency,and older individuals residing 0 in rural areas, 2. OAA Title 111,General Client Eligibility 0 Consumers shall not be dually enrolled in an OAA program and a Medicaid capitated long-term care program, with the U 4i exception of consumers in need of OAA Legal Assistance services and OAA Congregate Nutrition Services, including transportation services to and from congregate meal sites. E 2.1 OAA Title IIIB,Supportive Services,Client Eligibility a. Individuals age 60 or older 2.2 OAA Title IIIC I,Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed below,individuals must be mobile, not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: a. Individuals age 60 or older;and b. Any spouse(regardless of age)who attends the dining center with his/her eligible spouse; c. Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; d. Disabled persons who reside at home with and accompany an eligible person to the dining center;and e. Volunteers,regardless of age,who provide essential services on a regular basis during meal hours. Page 19 of 67 Packet Pg. 1216 C.29.c AA- 2.3 OAA Title IIIC2, Home Delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I, Paragraph 1.4.1.3,individuals must be homebound and physically,mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home delivered meals include the following: a. Individuals age 60 or older who are incapacitated or unable to attend a congregate nutrition site due to illness, disability, isolation,or caring for a loved one who is ill at home; b. Individuals age 60 or older who are unable to attend a congregate nutrition site due to teeth and mouth issues which makes it difficult to eat in public; c. A home delivered meals recipient's spouse,regardless of age,if the provision of the collateral meal supports maintaining the person at home; d. Individuals with disabilities,regardless of age,who reside at home with home delivered meals recipients and are dependent on them for care; e. Persons at nutritional risk who have physical,emotional,or behavioral conditions,which would make their presence at the congregate site inappropriate; f. Persons at nutritional risk who are socially or otherwise isolated, including those who are self-isolating at home due to COVID-19,and unable to attend a congregate nutrition site;or g. Individuals age 60 or older who are unable to prepare meals due to a lack of or inadequacy of facilities,an inability to shop,cook,or prepare meals safely,or a lack of appropriate knowledge or skill. C� 2.4 OAA Titles IIICI and IIIC2,Nutrition Services,Client Eligibility General factors that should be considered in establishing priority for nutrition services include those older persons who meet the following: 0 a. Cannot afford to eat adequately; U b. Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; c. Have limited mobility which may impair their capacity to shop and cook for themselves;or 0 d. Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. M c14 2.5 OAA Title IIID, Disease Prevention and Health Promotion Services c� a. Target individuals age sixty(GO)or older: and b. Priority will be given to individuals residin�,11 in medically underserved areas. t0 2.6 OAA Title 111E,Caregiver Support Services,Client Eligibility a. Family caregivers of individuals age 60 or older; b. Grandparents(age 55 or older)or older individuals(age 55 or older)who are relative caregivers; c. Priority will be given to family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and for grandparents or older individuals who are relative caregivers who provide care for children with severe disabilities;and d. For respite and supplemental services, a family caregiver must be providing care for an older individual who meets the definition of the term"frail"in OAA,as per ATTACHMENT I, Section 1.2. 2.7 NSIP Meals served to an elderly individual, funded in %%hole iMr in part tinder State-,%ide Medicaid Managed Care Long-4 erin Care, Home Care for the Flderly.Community Care R)r the Elderly Programs,or other means tested programs may not be included in the NSIP count. OAA-funded congregate meals provided to SMMC LTC clients may be included in the NSIP count. Page 20 of 67 Packet Pg. 1217 C.29.c AA- SECTION I1—MANNER OF SERVICE PROVISION A. Service Tasks To achieve the goals of the OAA program,the Provider shall ensure the following tasks: I. 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 OAA 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 Handbook. 4. Program Eligibility Requirements 4.1 Eligibility Criteria CN Entities must meet the follo%%ing criteria to be eligible for proi,,rram participation: M 4.1.1 An agency that has received a grant under OAA Title III [OAA section 31 ](42 U.S.C, § 3030afl;and 4.1 2 A nutrition service provider that serves meals and is Under the jurisdiction, control, management .and audit authority of the Area Agenc) on Aging and the Department. 0 4.2 Provider's Nutrition Service Operations U The Provider shall ensure the nutrition service operations,of the Provider meet the requirement of this contract. as-,%ell as any other applicable regulations and policies prescribed by thecurrent Iandbook, the Department of 1 lealth and 1 loran Services, USDA. DOI I and lc:cal health departments, DBPR,or any other a�!,ency designated s to inspect meal quality for the State. Che Provider must agree to notik the Alliance of any sanitation M inspections,especially those that include high priority violations and provide a copy ofthe report to the Alliance %%ithin 24 hours. Closures must be reported immediately. All subcontracted food service vendors must provide a written corrective action plan to the Nutrition Provider for and high priority or significant findings on 0 sanitation inspections. The CAPS must be approved by the Provider's registered dietician and submitted to the Alliance to ensure that deficiencies are remedied. 0 4.3 Prescribed Nutritional Requirements U The Provider shall ensure that each meal provided under this contract meets the following criteria: 4.3.1 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; 4.3.2 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 Sciences; and 4.3.3 Is served from and approved Alliance menu. 4.3.4 Food Origin and Commodities Requirements 4.3.5 Consistent with existing requirements of the NS1P. the Provider and its service providers may use NSI P cash to purchase foods of U.S. origin for their nutrition projects under`title 111 of the OAA. NSIP funds must be used to expand meal services to older adults. 5. Monitoring the performance of its subcontractors and or vendors 6. Comply with the Alliances Nutrition policies and procedures B. Staffing Requirements I. Staffing Levels The Provider shall assign its own administrative and support staff as needed to perform the tasks, responsibilities and Page 21 of 67 Packet Pg. 1218 C.29.c AA duties under this contract and ensure that subcontractors and/or vendors dedicate adequate staff according k 2. Professional Qualifl cations he Provider shall ensure that the staff responsible for performing any duties or functions within this contract hm o the qualifications as specified in the }Iandbook. 3. Service Times lie 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 shall monitor its subcontractors and/or vendors to ensure they, are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. 4. Use of Volunteers to Expand the Provision of Available Services The Provider shall make 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. CN 5. Use of Subcontractors and/or Vendors If this contract involves the use of a Subcontractor or third party,then the Provider shall not delay the implementation of its C� agreement with the Subcontractor. If any circumstance occurs that may result in a delay for a period of 60 days or more the initiation of the subcontract or the performance of the Subcontractor, the Provider shall notify the Alliance's Contract Manager in writing of such delay.The Provider shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. In accordance with Section 23 of this Contract, the Alliance 0 will not be responsible or liable for any obligations or claims resulting from such action. U 5.1. Copies of Subcontracts: The Provider shall submit a copy of all subcontracts to the Alliance Contract Manager within thirty (30) days of the CN subcontract being executed. cN 5.2. Monitoring the Performance of Subcontractors: The Provider shall programmatically monitor,at least once per year,each of its Subcontractors,Subrecipients, Vendors, and/or Consultants. The Provider shall perform programmatic monitoring to ensure contractual compliance, and 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 t0 periods, and other performance goals. The Provider shall also perform fiscal and administrative monitoring for all subcontractors to ensure fiscal accountability. 5.3. Copies of Subcontractor Monitoring Reports The Provider shall forward a copy of all subcontractor monitoring reports to the Alliances' Contract Manager within thirty(30)days of the report being issued to the Subcontractors,Subrecipients,Vendors,and/or Consultants. C. Deliverables ['he following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. I`he Provider must sLtbmit all required documentation in the time and manner specified for the rninimturr performance levels to be met. L'ach deliverable must be accepted in writing bti the Alliance Contract Manager based on the requirements for each deliverable before the Provider submits an invoice requesting payment. 1. The Provider slialI enSUre the provision of a continuLurr of services that ineets the diverse needs of elders and their caregivers. "i"he Provider shall ensure the performance and reporting of the following services in accordance with the current Ilandbook and this contract. Documentation of service deliver) gust include a report consisting of the following: unduplicated number of clients served,number of service units provided by service,and rate per service unit With calculations that equal the total invoice amount. Page 22 of 67 Packet Pg. 1219 C.29.c AA- I he services include the follo��ing categories a. Supportive Services(IIIB Program) Supportive services include a variety of community-based and home-delivered services that support the quality of life for older individuals by helping them remain independent and productive. Services include the following: (1) Adult Day Care; (2) Chore Services; (3) Companionship; (4) Counseling(Gerontological); (5) Emergency Alert Response; (6) Escort; (7) Homemaker; (8) Housing Improvement; (9) Legal Assistance (10) Material Aid; (1 1) Personal Care; (12) Recreation; (13) Screening and Assessment; (14) Shopping Assistance; (15) Transportation;and M (16) Specialized Medical Equipment,Services,and Supplies b. Congregate Nutrition Services(111C1 Program) Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity,promote CU socialization and the health and well-being of older individuals by assisting them to gain access to nutrition and other 0 disease prevention and health promotion services. Services include the following: U (1) Congregate meals; (2) Congregate meals screening; (3) Nutrition education and nutrition counseling; 0) cN c. Home Delivered Nutrition Services(IIIC2 Program) C14 In-home nutrition services are provided to reduce hunger and food insecurity;promote socialization and the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Home delivered meals; (2) Nutrition education and counseling; t0 (3) Screen ing/Assessment. d. Disease Prevention and Health promotion Services(IIID Program) Evidence-Based Disease Prevention and Health promotion ("EBDPHP") service have been demonstrated through evaluation to be effective for improving the health,wellbeing or reducing disease,disability and/or injury among older adults,and proven effective with older adult populations. The ACL defines EBDPHP services as meeting highest-level criteria. Only services that meet the highest-level criteria are allowed under the 11I1)Program. EBDPHP services must be delivered per the requirements of the program and ensure program fidelity. Evidence based programs include the following: (1) A Matter of Balance (2) Chronic Disease Self-Management (3) Diabetes Self-Management Program (4) Enhanced Fitness (5) HomeMeds e. Caregiver Support Services(IIIE Program) The following services are intended to provide direct help to caregivers, assist in the areas of health, nutrition and financial literacy and assist caregivers in making decisions and problem solving related to their caregiving roles and responsibilities: (1) Adult Day Care; (2) Caregiver Training/Support(Individual&Group); Page 23 of 67 Packet Pg. 1220 C.29.c AA (3) Respite Services; (4) Screening/Assessment; f. Caregiver Support Supplemental Services([TIES Program) The following services are provided to complement the care provided by caregivers: (1) Chore Services; (2) Housing Improvement; (3) Material Aid;and (4) Specialized Medical Equipment,Services and Supplies. g. Caregiver Support Grandparent Services(IIIEG Program): Services for grandparents or older individuals who are relative caregivers designed to help meet their caregiving obligations include the following: (1) Legal Assistance; 2. Service Units The Provider shall ensure that the provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II.A. Attachment VI lists the services that can be performed, budget allocation for each service,the number of units of service, and the reimbursement unit rate. Units of service will be paid pursuant to the rate established in Attachment VII. M 3. Administrative Responsibilities The Provider shall provide management and oversight of CCE Program operations in accordance with the current DOEA Handbook which include the following: 0 a. Establish contractual agreements with appropriate and capable subcontractor and vendor agreements, when U applicable. b. Provide technical assistance to subcontractors and vendors to ensure provision of quality services. 0 c. Monitor and evaluate subcontractors and vendors for appropriate programmatic and fiscal compliance. d. Appropriately submit payments to subcontractors. e. Establish procedures for handling recipient complaints and ensure that subcontractors develop and implement c14 complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services, provider and direct service worker complaints,or any other advice related to complaints other than termination,suspension or reduction in services that require the grievance process as described in Appendix D, Department of Elder Affairs Programs and Services Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date, nature of complaint, and t0 the determination of each complaint. f. Ensure compliance with Client Information and Registration Tracking System (eC1RTS)regulations. g. Monitor outcome measures in accordance with targets set by the Department. h. Conduct client satisfaction surveys to evaluate and improve service delivery. D. 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. 1. Retrospective Unit Cost Methodology The Provider shall submit a Retrospective Unit Cost Methodology to the Alliance annually, no later than 94 days after the provider Fiscal year end. The Service Cost Reports shall reflect actual costs of providing each service for the preceding Provider fiscal year. If the Provider desires to renegotiate its reimbursement 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. 2. Surplus[Deficit Report The Provider will submit a consolidated surplus/deficit report in a format provided by the Alliance to the Alliance's Contract Manager in conjunction with the required monthly billing submission.This report is for this contract between the Provider and the Alliance.The report will include the following: Page 24 of 67 Packet Pg. 1221 C.29.c AA a. The Provider's detailed plan, by program and service, on how the surplus or deficit spending exceeding the 14,0 threshold will be resolved; b. A detailed plan on how the surplus or deficit spending exceeding the I°,fo monthly threshold will be resolved. The plan must include specific budget numbers to reflect how the Provider plans to address the variance. c. Number of clients currently on the waitlist(APCL). d. Number of Unduplicated Client served. 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. 3. Volunteer Activity Report The Provider shall submit an annual unduplicated report of volunteer hours on the format provided by the Alliance. The data collection period is from January 1 —December 31 for each calendar year. The data submission date is five(5)working days following the close of the contract period. 4. eCIRTS Reports: The Provider shall input OAA-specific data into eCIRTS,depending on the instructions provided by the Alliance,to ensure 0) eCIRTS data accuracy. The Provider shall use CIRTS-generated(or eCIRTS generated)reports which include the following: M a. Client Reports; b. Monitoring Reports; c. Services Reports;and d. Outcome Measures Reports. 0 e. Fiscal Reports U 5. Program Highlights The Provider shall submit Program Highlights referencing specific events that occurred in previous contract year by September 10"of the current contract year. 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 c14 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. 0 b. Outreach Activity U The Provider shay, report on outreach,, activities at least semi-annually using a uniform reporting format established by the Allk-uiee, Fhe format u;nust include the following information: number and type of provider events or activities; date and location; total number of participants at each event or activi^y; individual service needs identified; and rererral sources or inf'orsnati:.Mn provided. Reports must be submitted by June 30 and December 31 of each contract }'ear. At a mininioni. the number of outreach activities required to be completed annually for the Provider must be consistent %kith the no nber of outreach activities referenced in the procurement documents leading to this contract. 7. Health and Wellness Reports The Provider shall submit Monthly Programmatic Reports for EBDPI IP services. °I lie Provider shall submit the monthly reports %%ith the monthly billing in accordance %%ith Section 3.4 of this contract. Invoices submitted in accordance with Section 3A ofthis.contract will not be paid unless the programmatic reports are submitted %%ith the billing. I he Alliance Contract Manager will provide an 1xcel spreadsheet with the following tabs: Health and Wellness (one for each month): Success Stoi) (reported only in May); Partnership (one tab updated as needed); and a Statistical Breakdo%kn Page. a. Information provided in the Month[}' Programmatic Report must match CIRTS data and the Request for Payment. b. 'I lie Provider shall review program documentation to ensure documentation is complete and adequately supports the information reported on the Monthly Programmatic Report prior to submitting. a Request for Pa}`ment. The Provider will attest to the review in the section of the Monthly Programmatic Page 25 of 67 Packet Pg. 1222 AA Report and provide relevant information regarding the documentation as needed e. Program documentation shall include all the fbllovNing elements: Sign-in Shect or Attendance Log,- flyers or documentation demonstrating efforts to recruit participant-, and promote EBDPI III services provided: current facilitatorcertificates:copy of program license(il'applicable),and any forms required b) the specific program, d. Provider shall ensure that prograrn dOCUrnentation includes a Si n4n Shect or Attendance Los: x%ith date. time. 0 L narne of prograrn. participant names. and narne of prograrn I'acilitator(s). If the Attendance Log does not include a space for participant signatures.additional prograrn documentation Must be included with participant signatures that matches the participant narnes and dates in the Attendance Log. Exceptions rnay be approved by Alliance Contract Manager, Requests must be made in writing and kept x%ith program documentation. c. Participants Must write and sign their narne oil prograrn sign-in sheet or Attendance Log, Attendance Logs with participant names typed or written in by the same person will not be accepted as prograrn dOCLImentation. It'a participant refuses or is unable to %%rite their own narne and sign. the instructor may sign b'. proxy for the participant "ith I note on the sign-in sheet stating why it is necessary to do so(the note needs to be initialed and dated). 17- The Providershall abide by all program fidelity requirements and annually observe delivery of E13DIII-111 services. A note%%ill be included in the Monthly Programmatic Report, in the comments section, when a prograill has been observed. DOCLImentation pertaining to the observation %%ill be kept and provided to the Alliance upon request. g. I'lle Provider shall contact the Alliance Conti-act Manager in the event ol'an emergency or an exigent circumstance CN where the provider is unable to maintain an aspect of fidelity of the E-BDPI III services (e.g. rninillnUrn or CV) MaXiIIlLIIll number of participants) before the end of the workshop, At the discretion of the Alliance Contract C'� Manager,the service may be reimbursed Linder this contract; ho%%cvcr, if the fidelity infraction is discovered after the program has finished. during the Request tbr Payment Process or a desk review, the Provider may not be reimbursed for the workshop or shall be requested to reimburse the Alliance the cost of the workshop. h. The Provider shall collaborate and partner with organi/11tions to extend the reach of ["BDIIIIII services. 0 Partnerships shall be designed to stimulate innovation of ne\% approaches and activities in ERID1111-111 services. U development ol'greater capacity, and leverage other funding sources. Partnerships shall also address building and I sustaining an infrastructure for the dissernination of 1'113DI11111" services. 'this includes. but is not limited to. 0 I-CULlitinent of trainers and participants, covering costs for licenses, and replicating prograrn fidelity. C14 i. The Provider shall (10CLIMC1111, and provide to the Alliance upon request. evidence of partnerships created I-ornially M CN through MeiiioraiidaoCA(,reciiieiit,"(,`ndeistandiiig ilro%ides%kill be required to keep track of partnerships in the Monthly Pro-rannuatic Report, Each month the Provider shall revicN\- and provide updates as necessary, 0 8. Florida Elder Law Program(FELP)Report The purpose of the FELP reports is to collect consistent and standard data to illustrate the range and type of legal assistance C provided by the Provider to older persons in social or economic need. 0 U Providers funded for Legal Assistance shall submit the Florida Elder Law Program(FELP)report annually to the Alliance C 0 in the format provided by the Department to ensure that legal services reached the targeted groups and served the priority E issue areas described in Attachment 1, Section 1.4.1 of this contract.The Provider shall compile and report data using the definitions and specific instructions provided by the Department and the Alliance in the FFY 2022-2023 Florida Elder Law Program Data Collection Handbook. The reporting cycle for the FELP report is from October I to September 30". The < FELP Report includes the following areas: • Cases and Client Information • OAAP Complaint Case Report A • Case Examples • Education Log • Referred From Data • Publications(optional) • Unmet Needs(optional) "Individual clients are to be counted only once per calendar year. Reports must be summited annually to the Alliance by October 15th Page 26 of 67 Packet Pg. 1223 C.29.c AA- E. Records and Documentation 1. Requests for Payment The Provider shall maintain documentation to support Requests for Payment that shall be available to the Alliance, the Department, or other authorized agencies and individuals such as the Florida Department of Financial Services (DFS), upon request. 2. eCIRTS Data and Maintenance: The Provider shall ensure, on a monthly basis, collection and maintenance of client and service information in eCIRTS or any such system designated by the Alliance. Maintenance includes accurate and current data, and valid exports and backups of all data and systems according to the Alliance and Department standards. 3. Data Integrity and Back up Procedures. The Provider shall anticipate and prepare for the loss of information processing capabilities.The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Provider functions must be backed up.The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be CN stored in a secure,offsite location. M 4. Policies and Procedures for Records and Documentation: The Provider shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its Subcontractors. These policies and procedures shall be made available to the Alliance upon request. 0 U F Performance Specifications I. Outcomes CN At a minimum,the Provider must: cN a. Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section II.A.and Section II.D. of this contract; b. The Provider shall timely submit to the Alliance all reports described in Section. I I.D of this contract; c. The Provider shall maintain all information described in Section ILE. of this contract; d. The Provider shall ensure the prioritization and service provision of clients in accordance with Section II.A.2 of this t0 contract; e. The Provider shall timely and accurately submit to the Alliance Attachments IX,X and supporting documentation in accordance with Attachment VI II of this contract. c� 2. Criteria a. 66`6 of new service recipients with high-risk nutrition scores will improve their nutritional status. b. W5 6 of new service recipients will maintain or improve their ADL's assessment score. c. 62.3%of new service recipients will maintain or improve their IADL's assessment score. d. 89%of family and family-assisted caregivers will self-report they are very likely to provide care. 3. 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: a. Desk reviews and analytical reviews; b. Scheduled,unscheduled,and follow-up on-site visits; c. Client visits; Page 27 of 67 Packet Pg. 1224 C.29.c AA-2329 d. Review of independent auditor's reports; e. Review of third-party documents and/or evaluation, f. Review of progress reports; g. Review of customer satisfaction surveys; h. Agreed-upon procedures review by an external auditor or consultant; i. Limited-scope reviews;and j. Other procedures as deemed necessary. G. Provider Responsibilities 1. Provider Accountability: All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Provider, and for which,by execution of the contract,the Provider agrees to be held accountable. 2. Coordination with Other Providers and/or Entities: Notwithstanding those services for which the Provider is held accountable involve coordination with other entities in performing the requirements of the contract, the failure of other entities does not alleviate the Provider from any accountability for tasks or services that the Provider is obligated to perform pursuant to this contract. H. Alliance Responsibilities M 1. Alliance Obligations: The Alliance may provide technical support and assistance to the Provider within the resources of the Alliance to assist the provider in meeting the required tasks in the above Section 1I. 0 2. Alliance Determinations: U The Alliance reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Alliance setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. , c14 M c14 SECTION III: METHOD OF PAYMENT c� A. Payment Methods Used The Method of Payment for this contract is a combination of fixed feed"unit rate,cost reimbursement,and advance payments, t0 subject to the availability of funds and Provider performance.The Alliance will pay the Provider upon satisfactory completion of the Tasks/Deliverables,as specified in Section I1 and in accordance with other terms and conditions of the contract. 1. Fixed Fee/Unit Rate c� Payment for Fixed FeeiUnit Rates shall not exceed amounts established in Attachment VI1,per unit of service. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures, which are in accordance with the services specified in Attachment VII. All Cost Reimbursement Requests for Payment must include the Receipt and Expenditure Report beginning with the first month of the contract. 3. Advance Payments Non-profit Providers may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. For the first month's advance request, the Provider shall provide to the Alliance documentation justifying the need for an advance and describing how the funds will be distributed. If the Provider is requesting two (2)months of advances, documentation must be provided reflecting the cash needs of the Provider within the initial two (2) months and should be supported through a cash-flow analysis or other information appropriate to demonstrate the Provider's financial need for the second month of advances. The Provider must also describe how the funds will be distributed for the first and second month. If sufficient budget is available, and the Department's Contract Manager,in his or her sole discretion,has determined that there is justified need for an advance,the Department will issue approved advance payments after July I st of the contract year. Page 28 of 67 Packet Pg. 1225 C.29.c AA All advance payments made to the Provider shall be reimbursed to the Alliance as follows: At least one—tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment (Attachment XI), starting with the invoice submission of the third month activities and billing, in accordance with the Invoice Report Schedule(Attachment IX). 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. B. Method of Invoice Payment Payment shall be made upon the Provider's presentation of an invoice subsequent to the acceptance and approval by the Alliance of the deliverables shown on the invoice and payment has been received from DOEA.The form and substance of each invoice submitted by the Provider shall be as follows: I. Request payment on a monthly basis for the units of services established in this contract, provided in conformance with the requirements as described in the DOEA Programs and Services Handbook,and at the rates established in Attachment VII of the contract. Documentation of service delivery must include a report consisting of the following:number of clients served,number of service units provided by service,and rate per service unit with calculations that equal the total invoice CN amount. Any change to the total contract amount requires a formal amendment. C� 2. The Provider shall consolidate all subcontractors' Requests for Payment and Expenditure Reports that support Requests for Payment and shall submit to the Alliance using forms Request for Payment(Attachment IX),Receipt and Expenditure Reports(Attachment X) for all services. 0 3. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month U of the contract. The schedule for submission of advance requests and invoices is Invoice Schedule, Attachment Vlll; 4. In the event that services were not billed during the regular billing cycle, the Provider may request payment for services no later than 90 days after the month in which the expense was incurred, except that requests cannot be made after the cM contract closeout date. Request for payment of services rendered 90 days after the month in which the expense was incurred c14 will require approval of the contract manager prior to the billing of such incurred expenses. Late service billing requests will not be paid unless justification is submitted and approved by the contract manager; 0 c� 5. The Provider shall maintain documentation to support payment requests which shall be available to the Alliance, the Department,and the Department of Financial Services,or other authorized state and federal personnel upon request;and t0 6. All payments under the terms of this contract are contingent upon an annual appropriation by the Legislature, and subject to the availability of funds. c� C. Payment Withholding and I or Financial Penalty Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of all financial and programmatic reports due from the Provider,any adjustments thereto,any documentation or reports requested by the Alliance,and including any disallowance not resolved as outlined in this Contract. In addition, for every day beyond the initial ten (10) days from the date stipulated in the contract as due date or date the report was requested to be submitted by the Alliance, that the Provider fails to turn over the reports or requested information, the Alliance, at its sole discretion, may withhold from the Provider a daily fine of up to$500. D. Final Invoice Instructions The Provider shall submit the final Request for Payment to the Alliance no later than 30 days after the contract period ends and as referenced in Attachment VIII. If the contract is terminated prior to the end date of the contract, then the Provider must submit the final request for payment to the Alliance no more than 30 days after the contract is terminated. If the provider fails to do so,all right to payment is forfeited,and the Alliance will not honor any requests submitted after the aforesaid time period. E. eCIRTS Data Entries for Subcontractors The Provider must require Subcontractors to enter all required data for clients and services in the eCIRTS database per the DOEA Programs and Services Handbook and the eCIRTS User Manual-Aging Provider Network users(located in Documents Page 29 of 67 Packet Pg. 1226 C.29.c AA on the eCIRTS Enterprise Application Services}. Subcontractors must enter this data into the eCIRTS prior to submitting their requests for payment and expenditure reports to the Provider. The Provider shall establish deadlines for completing eCIRTS data entry and to assure compliance with due dates for the requests for payment and expenditure reports that Provider must submit to the Alliance. F. Providers' Monthly cCIRTS Reports The Provider must run monthly eCIRTS reports and verify client and service data in the eCIRTS is accurate. This report must be submitted to the Alliance with the monthly request for payment and expenditure report and must be reviewed by the Alliance before the Provider's request for payment and expenditure reports can be approved by the Alliance. IV.SPECIAL PROVISIONS A. Provider's Financial Obligations 1. Matching, Level of Effort,and Earmarking Requirement: The Provider must provide a match of at least 10 percent of the cost for for services funded through this contract,except for Title IIID. The match will be made in the form of cash and"or in-kind resources. At the end of the contract period,all funds through this contract,except for Title I IID must be properly matched, M 2. Management and Use of Service Dollars and Continuity of Service: c� a. The Provider is expected to spend all funds provided by the Alliance for the purpose specified in this contract. The Provider must manage the service dollars in such a manner so as to avoid having a surplus of funds at the end of the 0 contract period. If the Alliance determines that the Provider is not maximizing available funding, the Alliance, in U accordance with its Surplus/Deficit Fiscal policies, may transfer funds to other Providers and/or adjust subsequent funding allocations accordingly.. 0) b. The Provider shall ensure that contract services will be provided until the end of the contract period. In order to enable the Provider to better manage the services under this contract and to maximize the use of available resources,the Alliance C14 has established a spending authority as identified in Budget Summary,Attachment VII. The Provider is responsible for managing the spending authority so that a continuity of service can be maintained for the maximum number of consumers.The Provider agrees to assume responsibility for any contractual deficit that may be incurred. 3. Consumer Contributions 0 Consumer contributions are to be used under the following terms: a. The Provider assures compliance with Section 315 of the OAA as amended in 2006, in regard to consumer contributions; b. Voluntary contributions are not to be used for cost sharing or matching; c. Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and d. Voluntary contributions are to be used only to expand services. 4.. Budget Summary: The Alliance has established a spending authority based on services and rate detailed in the SPA and the Budget Summary, Attachment VII and any revisions thereto approved by the Alliance. Any changes in the total amounts of the funds identified on the Budget Summary require a contract amendment. B. Remedies for Nonconforming Services 1, The Provider shall ensure that all goods and/or services provided under this contract are delivered timely,completely and commensurate with required standard; of quality, Such goods and/or services will only be delivered to eligible program participants. Page 30 of 67 Packet Pg. 1227 C.29.c AA-2329 2, If the Provider fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition,any nonconforming goods(including home delivered meals)andior 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 andlor services. The Alliance requires immediate notice of any significant andior systemic infractions that compromise the quality,security or continuity of services to clients. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Provider or any Subcontractors and referred to a governmental or investigatory agency must be sent to the Alliance which will in turn forward the information to the Department. If the Alliance 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 Alliance shall notify the Inspector General at the Department immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the Provider or Subcontractors,must be sent to the Alliance which will in turn send the material to the Department's Inspector General with a summary of the investigation and allegations. D. 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 Providershall 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. I . Use of Service Dollars and Management of Assessed Priority Consumer List 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 surplus of funds at the end of the 0 contract period, for each program managed by the Provider. The Provider understands and agrees to the reallocation of funding U as described in Attachment I, Section II.E.3.of this contract. 0) cN M cN c� 0 U c� BLANK Page 31 of 67 Packet Pg. 1228 C.29.c AA 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/or theDepartinent as described in this section. I. MONITORING In addition to reviews of audits conducted in accordance with 2 C F R P a r t 2 0 0 (f o r m e r I y OMB Circular A-133, as revised), and s. 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 Provider agrees to comply and cooperate with any monitoring proceduresr"processes deemed appropriate by the Alliance. In the event the Alliance and/or the Department determines that a limited scope audit of the Provider is appropriate, the Provider agrees to comply with any additional instructions provided by the Alliance and/or the Department to the Provider regarding such audit. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Alliance and.dor the Department,. cN AUDITS M PART 1: FEDERALLY FUNDED c� This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A- 0 133, as revised. L) In the event that the Provider expends $750,000.00 or more in federal awards during its fiscal year, the Provider must have a single or program-specific audit conducted in accordance with the provisions of 2 C F R Part 200. EXHIBIT 2 to this agreement indicates federal resources awarded through the Alliance by this agreement. In determining the federal awards expended CN in its fiscal year, the Provider shall consider all sources of Federal awards, including federal resources received from the cN A I I i a n c e. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 C F R Part 200. An audit of the Provider conducted by the Auditor General in accordance with the provisions of c� 2 C F R P a r t 2 0 0, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1,paragraph I,the Provider shall fulfill the requirements relative to U auditee responsibilities as provided in 2 C F R P a r t 2 0 0.5 0 8. 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 CU awards in its fiscal year and elects to have an audit conducted in accordance with the provisions oft 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. Page 32 of 67 Packet Pg. 1229 C.29.c AA PART Ili: STATE FUNDED This part is applicable if the Provider is a non-state entity as defined by s.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 s. 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 I1,paragraph 1,the Provider shall ensure that the audit complies with the requirements of s. 215.97(8), F.S. This includes submission of a financial reporting package as defined by s. 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. c14 If the Provider expends less than$750,000.00 in state financial assistance in its fiscal year(for fiscal years ending September 30,2004 C� or thereafter), an audit conducted in accordance with the provisions of s. 215.97, 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 s.215.97, F.S.,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the Provider resources obtained from other than State entities). t0 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 met for each applicable C14 agreement. All questioned costs and liabilities due to the Alliance shall be fully disclosed in the audit report with reference to the C14 Alliance agreement involved. If not otherwise disclosed as required by Rule 691-5.003, F.A.C.,the 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 governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Provider's fiscal year U 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 document and pursuant to law. c� I1. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200,and required by PART I of this agreement shall be submitted,when required by 2 CFR Part 200.512,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 107" Avenue Suite 214 Miami, FL 33172 For fiscal N ear 2013 and earlier to the Federal Audit Clearinghouse designated in ? CFR §200.36 at the following address: Page 33 of 67 Packet Pg. 1230 AA-2329 Federal Audit Clearinghouse Bureau of the Census 1201 East 10"' Street Jeffersonville, IN 47132 1'or fiscal year 2014 and later, pursuant to 2 CFR §200.5 12. the reportirq, package and the data collection form must be submitted electronically to the Federal Audit Clearinghouse. Pursuant to 2 Cl-R§200.5 12, all other Federal agencies, pass-th I-OLIgh entities and others interested in,a reporting package and data collection FOI-111 111LISt obtain it by accessing the Federal Audit Clearinghouse. I he Provider shall submit a cop), of any management letter iSSLied by the auditor, to the Florida Department of L'Ider Affairs, via the Alliance, at the foilo�%inaddress: Alliance for Aging, Inc. Attn: Fiscal Department 760 NW 107"Avenue CN Suite 214 c?) Miami, FL 33172 Additionally, copies of,'fiivincial reporting packages required by this contract's 1-inancial Compliance Audit Attachment, Part I I shall be submitted by or on behad7of the Provider direrto each of the folio%%ing: 0 The Florida Department of Elder Affiairs, via the Alliance, at the following address: U Alliance for Aging, Inc. 0 Attn: Fiscal Department 0) C14 760 NW 107"Avenue M Suite 214 C14 Miami, FL 33172 1 0 I lie Atiditor General's Orfice at the lollo%k iil,&address: State of Florida Auditor General 0 U Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 E Any reports, management letter, or other information required to be submitted to the Department pursuant to this contract shall be submitted timely in accordance%N ith 2 U R Part 200, l"r lorida Statutes. and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations). Rules of the Auditor General.as applicable. Providers, when submitting financial reporting packages to the Department for audits done in accordance with 2 CUR Part 200 orChapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations).RUlesofthe Auditor General,S1101.11d indicate the date that the reporting package N%as delivered to the Provider in correspondence accompanying then,,portin, package. PART IV: RECORD RETENTION Me Provider shall retain sufficient records demonstrating its compliance%vith the terms of this contract f6ra period ofsrx (6) years from the date the audit report is issued, and shall alloN% the Department or its designee, the CFO or Auditor General access 10 SLICh records upon request. The Provider shall ensure that audit working papers are made available to the Alliance and/or the Department or its designee, Cl"O. or Auditor General upon request for a period of six (6) years fi-orn the date the audit report is iSSLIed, Unless extended in%%riting by the Department. Page 34 of 67 Packet Pg. 1231 C.29.c AA-2329 ATTACHMENT II FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT 1 PART 1: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500, and/or s. 215.97, F.S.. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 11 of Exhibit I is met. Providers who have been determined to be vendors are not subject to the and it requirements of 2 CFR Part §200.38, and/or s.215,97, F.S. Regardless of whether the audit requirements are met,Providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part §200 and/or Rule 691-5.006, F.A.C.,Contractor has been determined to be: M C� Vendor not subjectto 2 CFR Part§200.38 andfors.215.97,F.S. X. Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and"or s. 215.97, F.S. Exempt organization not subject to 2 CFR Part §200 and/or s. 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district 0 school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must U comply with all compliance requirements set forth within the contract or award document. NOTE: If a Provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved 0) by the Alliance to subcontract, they must comply with s.215.97(7), F.S., and Rule 691-.5006, F.A.C. [state financial assistance] M and 2 CFR Part §200.330[federal awards]. c� PART 11: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards, U state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply with the following fiscal laws, rules and regulations: c� 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-.41 1-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 Page 35 of 67 Packet Pg. 1232 C.29.c AA-2329 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,Hiles and regulations *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 M Other fiscal requirements set forth in program laws,rules and regulations c� 0 U 0) c14 M c14 c� 0 U c� The Remainder of This Page Left Intentionally Blank Page 36 of 67 Packet Pg. 1233 C.29.c AA-2329 ATTACHMENT ll FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT 2-FUNDING SUMMARY te:Title 2 CFR§200.331,asrevised, and s.215.97,F.S.,require that information about Federal Programsand Stale Projects included in ATTACHMEN" 11, 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 Older Americans Act U.S.Health and Human Services 93.044 $123.728.64 Title IllB—Su ort Services Older Americans Act U.S.Health and Human Services 93.045 $167.023.35 Title I I I C I —Congregate Meals Older Americans Act U.S.Health and Human Services 93,045 $255.181.66 Title IIIC2—Home Delivered Meals Older Americans Act U.S.Health and Human Services 93.043 Title 1111) Older Americans Act M Title I IIE—Caregiver Support Services Ct Title IIIEG--Caregiver Support Services U.S.Health and Human Services 93.052 $157,188.86 Title III ES—Care fiver Support Services Older Americans Act Nutrition Services Incentive Program U.S.Health and Human Services 93,053 $38.540.75 , 0 TOTAL FEDERAL AWARD $741,663.26 U COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: M FEDERAL FUNDS: c14 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 c� 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TI HS CONTRACT CONSIST OF THE FOLLOWING: a 0 MATCHING RESOUCES FOR FEDERAL PROGRAMS L) PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT c� re 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 A� FOLLOWS: STATE FINANCIAL ASSISTANCE: Section 215.97,F.S., Chapter 691-5. F.A.C.. Reference Guide for State Expenditures. Other fiscal requirements set forth in program laws,rules and regulations. Page 37 of 67 Packet Pg. 1234 C.29.c AA-2329 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOl A will not a%%ar•d this Contract unless the Provider completes these CI;,RTIHCA PIONS AND ASSI.RANCI,S in performance of this contract. The Provider provides the following certifications and assuranees: A. Debarment and Suspension Certification (29 CFR Part 95 and 45 CFR Part 75) B. Certification Re ardin Lobbying 29 CFR Part 93 anti 45 CFR Part 93 C. Nondiscrimination & Egual Ounortunity Assurance (29 CFR Part 37 and 45 CFR Part 80) D. Certification Regarding Public Entity Crimes, section 287.133, F.S. E. Association of Communih' Organizations for Reform Nor► (ACORN) Funding Restrictions Assurance (Pub; L. 1 I 1-1171 m F. Cei°tification Regarding Scrutinized Companies Lists, section 287.135, F.S. `� G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Grants, Loans and Cooperati,a Agreements 0 u H. Verification of Employment Status Certification L Recoi-ds and Documentation cN M J. Certification Regarding Insriection of Public Records CN A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION. 0 u I'he undersigned Provider certifies to the best of its, knox%ledl!c and belief. that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible. or voluntarily eXcluded from covered transactions bN a federal department or alwrenc}; 2. Have not within a three-year period precedingl. this Contract been convicted or had acivil judgment rendered against them forcommission offraud or a criminal offense in connection with obtaining, attempting to obtain. or performing a public (1 ederal. State. or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft. forgery, briber. falsification or destruction of records. making false statements. or receiving; stolen property: 3. Are not presently indicted or other-wise criminally or civilly charged by a government entity (Federal. State or local) with comiiliSSlOrt Of tiny Of the offenses enumerated in paragraph A.2. of this certification: andlor 4. Have not %%ithin a three-year period preceding this application1proposal had one or more public transactions (l=ederal. State. or local) terminated for cause of default. The undersigned sliall require that larrguape 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) Page 38 of 67 Packet Pg. 1235 AA-2329 and that all sub recipients and contractors shall provide this certification accordingly. B. CERTIFICATION REGARDING LOBBVING - CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPFRATIVE AGREEMENTS. Hie undersigned Provider certifies. to the best of its knowledge and belief. that: No federal appropriated funds have been paid or %%ill be paid. by or on behalf of the undersigned. to any person fi",r influencing or attempting to influence an officer or employee of Congress.or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any F'cdcral grant, the making. of any federal loan, the entcring, into of any cooperative agreement , and the extension. continuation, renew a], amendment or modification of any Federal contract. grant. loan or cooperative agreement. It'any funds other than federal appropriated funds have been paid or will be paid to any person 1161 irtfluemr cini_",, or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress. or employee of Member of Congress in connection "ith a I-edcral contract, grant, loan,or cooperative agreement, the undersigned shall also complete and submit Standard form - 1-1-1— "DiSCIOSUre 1 01.111 to Report Lobbying.'"ing." in accordance %%ith its il1StrL1C1iO1lS C14 Cn Car I 11C Undersigge of this certification be included in the documents, for all SUbcontrads a' '.wined shall require that language I 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. 0 this certification is, a material representation Of fact Upon which reliance was placed %%lien this Contract was made L) or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed I by 31 U.S.C. 1352. Any person who Fails to file the required certification shall be subject to a civil penalty ot'llot 00, less than $10,000 and not more than $100.000 ror each such failure. 0) CN Cn CN C. NON-DISCRIMI IN & EQUAL OPPORTUNITV ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). -As a condition of the Contract. ider assures that it %%ill comply fully %\ith the 0 nondiscrimination and equal opportunity provisions of the foliov.ing laws: 1. Section 188 ot-the Workforce Investment Act of 1998 (WIA). (Pub. 1_ 105-220). which prohibits discrimination cc against all individuals in the United States on the basis of race. color. religion. sex national origin, age. u disability, political affiliation. or belief, and against beneficiaries oil the basis ofeither citi/cnshipll°staftis as a 9= lawfully admitted immigrant authorized to work in the United States or participation in any WIA l'itic I- E 1-mancially assisted program or activity. 2. 'I'itle VI of the Civil Rights Act of 1964 (ILib, 1_ 88-352). as amended, and all requirements imposed by or pkil-SLIallt to the Regulation of the Department of I lealth and human Services (45 CF'R Part 80). to the end that. in accordance with 'I itle V1 of that Act and the Regulation, 110 PCE'S011 in the (,'nited States shall. on the ground L, of race. color. or national Origin . be excluded from participation in, be denied the benefits of, or be otherwise sub i jected to discriminati011 Under any program or activity for Mitch the Applicant receives 1°cderal Financial assistance from the Department. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. 1_ 93-1 12) as amended, and all requirements imposed by or pursuant to the Regulation of the Department of I lealth and Human Services (45 CFR Part 84). to the end that. in accordance with Section 504 of that Act, and the Regulation. 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 under any program or activity for %%hich the Applicant receives I-ederal financial assistance from the Department. Page 39 of 67 Packet Pg. 1236 AA-2329 4. 1 lie Age Discrimination Act of 1975 (Pub. L. 94-135). as amended, and all requirements imposed by or pursuant to the Regulation of the Department of I I ealth and I I uni a n Services (45 CI R Part 91). to the end that in accordance with the Act and the RCgUlation, no person in the United States shall. on the basis ofape, be denied the benefits of. be CXCILided from participation in. or be sub'jected to discrimination Under 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. 92-3 18), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of I lealth and Human Services (45 CFR Part 86), to the end that. in accordance with Title IX and the RCOLIlati011. 110 pet-S011 in the United States shall. on the basis of sex., be excluded From participation in, be denied the benefits of, or be otherwise subjected to discrimination Under any education program or activity for "hich the Applicant receives Federal financial assistance from the Department. 6. 1 lie American with Disabilities Act of 1990 (Pub. L. 101-336). which prohibits discrimination in all employment practices, including job application procedures, hiring. firing,advancement,compensation. training, and other terms. conditions, and privileges of employment. It applies to recruitment. advertising, tenure, layofl'. Q4 leave, fi-in-e benefits. and all other employment-related activities. m C� IProviders also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the la%Ns u listed above. '['his assurance applies to Provider's operation of the WIA Title I - financially assisted prograill or activitv. and to all contracts. Provider makes to carr) out the WIA 'I itle I - financially assisted program oractivit�. 1 0 Provider Understands that DOEA and the United States have the right to seek judicial enforcement of the u assurance. I 0 1 he undersigned shall require that language of this assurance be included in the documents for all subcontracts at 0) C14 all tiers (including subcontracts, vendors. sub-grants and contracts under grants, loans and cooperative Cn C14 agreements) and that all SUb recipients and contractors shall provide this assurance accordilvlil.fly. I 0 D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES,SECTION 287.133, F.S. Provider hereby certifies that neither it. noran) person oraffiliate of Provider, has been convicted of Public Viitity Crime as defined in section 287.133. F.S . nor placed on the convicted vendor list. 0 Provider understands and agrees that it is required to inform DOFA immediatcly upon any change of" u circumstances regarding this status. E E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW(ACORN) FUNDING RESTRICTIONS ASSURANCE(111vB. L. 111-117). As a condition of the Contract. Pro% ider assures that it will comply fully with the federal Funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, ?0 10. Division F.Section 511 (Pub. t- I I [-1 17), The C0116111.1irig Appropriations Act. 201 1. Sections 101 and 103 (Pub. L, 111-24 2). provides that appropriations made Under Pub. L. I 1 1-1 17 are available Under the conditions provided b) Pub. L. I 1 1-1 17. Fhe undersigned shall require that language of this assurance be ilICILided in the documents, for all subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts Under grants, loarts and Qooperative 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 hereb) certifies that it is not participating in a boycott of Israel, is not listed oil either the SCI-Litinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the lran Petroleum Page 40 of 67 1 Packet Pg. 1237 AA-2329 Energy Sector List. and that it does, not have business operations in Cuba or Syria. Both lists are created pursuant to Section 215A73, 1 -S- Provider Understands that pursuant to Section 287.135. 1" S_ the submission ot'a false certification may subject Provider to civil penalties, attorney's fees, and/or costs. If Provider is unable to certify all), of the statements ill this certification. Provider shall attach all explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS,GRANTS, LOANS AND COOPERATIVE AGREEMENTS 1. The Provider and any subcontractors of set-vice-, under this contract have financial management systems capable of providing certain information. including: (1) accurate. current. and complete disclosure orthe financial results of each grant-funded project or program in accordance with the prescribed reporting requirements: (2) the source and application of funds for all contract supported activities', and (3) the comparison of outlays with. budgeted amount!, for each award. I'lic inability to process information it] C14 accordance with these requirements could result in a return of-rant funds that have not been accounted for m C'� properly. 2. Management Information Systems used by the Provider. subcontractors. vendors. or ally outside entity on which the Provider is dependent for data that is to be reported,. transmitted. or calculatcd, have been assessed 0 and verified to be capable ot'processino data accurately, including year-date dependent data. l'or those L) systems identified tobe non-compliant, Provider will take immediate action to aSSUrc data integrity. 0 3. Ifthis contract illClUdes the provision of hardware. software, firmware, microcode or imbedded chip 0) CN technology. the undersigned warrants that these products are capable of processing year date dependent data m C� C14 accurately. All versions ofthese products offered by the Provider (represented by the undersigned) and purchased by the state %%itl be verified for accuracy and integrity of data prior to transibr. I 0 4. in the event of any decrease in functionality related to tinic and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Provider agrees to immediately cc r11111 C_ L) make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the state. and without interruption to the ongoing business of tile state. time being of the essence. E S. '1 lie Provider and any subcontractors and/or vendors of services Under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to C011611LIC in case of an emergency illCkidirig emergencies arising from data integrity compliance iSSLIeS. H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition o fcon tract i n,.1., with the f°'lorida Department of I'Ader Affairs, Provider certifies the LISC 0fthC U.S. Department ofilorneland Security's l -%crify system to verify the employment eligibility of all lie%% employees I - hired by the Provider during the contract term to perform employment duties pursuant to this contract and that any subcontracts include an express requirement that ~subcontractors andior vendors performing work or providing set-vices pursuant to this Contract utili/c the F-verify system to verify the employment eligibility of all new employees hired by the subcontractor and/or vendor during the entire contract term. The Provider shall require that the language of this certification be ilICILided in all sub-agreements, sub,gralits, and other agreements!'contracts and that all subcontractors and-"or vendors shall certify compliance accordingly. Page 41 of 67 1 Packet Pg. 1238 C.29.c AA-2329 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). L RECORDS AND DOCUMENTATION The Provider agrees to make available to Department staff and;l'or any party designated by the Department any and 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 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 1 l 9.0701(3) and (4) F.S., and any other applicable law, ifacivil action is commenced as contemplated by Section 1 19.0701(4), 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 made pursuant to Chapter 119, F.S., concerning this contract or services performed , thereunder. N 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 expended by an agency in payment of dues or membership 0 contributions for any person, corporation, foundation, trust. association, group, or other organization, all the U financial, business, and membership records of such an entity which pertain to the public agency (Florida Department of Elder Affairs)are public records. Section 1 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 0) reasonable circumstances. N Additionally, I certify this organization does , does,not provide for institutional memberships. c� Provider's signature below attests that records pertaining to the dues or membership application by the AllianceCU and the Department are available for inspection as stated above. O U By execution of this contract, IProvider must include these provisions in all related subcontract agreements (if applicable). . c� By execution of this contract, Provider must include these provisions(A-J) in all related subcontract agreements(if applicable), By signing below, Provider certifies the representations outlined in parts A through J above, are true and correct. 1100 Simonton Street 2"Floor Signature�andT of authorized R xesentative Street Address Monroe County Board of County Commissioners, J Social Services/In-Home Services _? ZO Key West, FL 33040 Provider Name Date City,State,Zip code g � f o"4�� Page 42 Of 67 1"� �',µ w. raM��w" wm+ �q°rd�r� arrwa,m Cl iri ya w Cm A,ssim nt Cu:,upaa iv AIIiRorm itv Date 12l2912022 Packet Pg. 1239 C.29.c AA-2329 ATTACHMENT V1 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 C funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of C" the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative,access to and the right to examine all records,books,papers,or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. U 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. 0 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 0) 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to prescribed standards M for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of U the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683,and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which c) prohibits discrimination on the basis of handicaps;(d)the Age Discrimination Act of 1975, as amended(42 U.S.C. 6101- 6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- E 255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and 75 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. 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. Page 43 of 67 Packet Pg. 1240 C.29.c AA--2329 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. I t. 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) 1 1514;(b)notification of violating facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended,(P.L. 93-523); and (h)protection of endangered species under the Endangered Species Act of 1973,as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1721 et seq.)related to protecting components or F potential components of the national wild and scenic rivers system. CN 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of C� 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. 0 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 U to the care, handling,and treatment of warm-blooded animals held for research,teaching,or other activities supported by this award of assistance. 0 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), which prohibits the use of 0) lead-based paint in construction or rehabilitation of residence structures. cN 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No,A-133,Audits of States,Local Governments,and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. O U SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE J APPLICANT ORGANIZATION DATE SUBMITTED MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, SOCIAL SERVICES/IN-HOME SERVICES �7mll�ll�r r�.mm as to For m and kp� !!sullliciemmm y %domoc 'mumniiii% Atilarrin iCACC (7hriQuiam I cv, A,, erll,n,N I."o m tv A tm'mnno%' Date. I MW2022 Page 44 of 67 Packet Pg. 1241 C.29.c AA-2329 ATTACHMENT V (`CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE eCIRTS SUMMARY FOR THE AGENCY Service Maximum Services to be Provided Unit Rate Units of Maximum Dollars Service Chore IIH3 S 24.00 713 S 17,112.00 Companionship IIIB S 18.00 30 $ 540.00 Escort IIIB $ 19.96 27 $ 538.92 Homemaker IIIB $ 33,20 1,556 $ 51,654.36 Personal Care IIIB $ 33,20 1,556 S 51,646,86 Screenmg&Assessment IIIB $ 34.50 49 $ 1,690.50 Shopping Assistance IIIB S 13.00 42 $ 546.00 c14 Cn C� Congregate Meals CI S 10.99 14,529 $ 159,673 13 Congregate Meals MLTC C 1 $ 10.99 Con to Meals Guest C 1 $ 10.99 Congregate Meals Volunteer CI $ 10.99 Emergency CmVegatc,Meals C1 $ 9.00 207 $ 1,863,00 U Congregate Meals Scree C1 $ 27.08 98 $ 2,653.94 Nutrition Counseling C 1 $ 78.99 27 $ 2,132.73 Nutrition Education C 1 $ ` 135 519 $ 700.65 0- 0) Home Delivered Meals-Frozen C2 $ 7.00 25,254 S 176,775.58 Cn Home Delivered Meals-Hot C2 $ 7,09 9,743 $ 69,077.87 Emergency Shelf Home Delivered Meals C2 $ 6.53 431 $ 2,814.43 Screening and Assessment C2 $ 28.75 204 $ 5,873.16 0 Nutrition Counsehng C2 $ 78.99 3 $ 236.97 Nutrition Education C2 $ 135 299 $ 403.65 0 Respite Im-Home IIIE $ 21.93" 924 S 20263.32 U Respite Facky IIIE S 12.75 5,577 $ 71,112.98 Care k r Trai tk 1IIE $ 81.75 89 $ 7,275.75 E Care ' r Training Ind IIIE S 75.00 248 $ 18,600.00 Screerog&Assessment 111E $ 31.29 58 S 1,814.92 Chore RIES $ 24.00 363 $ 8,712.00 Housinz Improvement HIES Cost Reimb $ 9,973.68 Material Aid IIIES Cost Reimb $ 9,973.68 Specialized Medical ent IIIES Cost Reimb $ 9,462.63 NSIP $ 0.72 53,529 $ 38,540.75 TOTAL Is 741,663.25 Page 45 of 67 Packet Pg. 1242 C.29.c AA-2329 ATTACHMENT VIII OLDER AMERICANS ACT CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On Submit to Alliance On This Date 1 January Advance* January 6 2 February Advance* January 6 3 January Expenditure Report February 6 4 February Expenditure Report March 6 5 March Expenditure Report April 6 6 April Expenditure Report May 6 7 May Expenditure Report June 6 8 June Expenditure Report July 6 9 July Expenditure Report August 6 10 August Expenditure Report September 6 N 1 I September Expenditure Report October 6 12 October Expenditure Report November 6 13 November Expenditure Report December 6 14 December Expenditure Report January 6 CU 15 Final Expenditure and Request for Payment February 15 16 Close Out Report February 28 U Legend: "` Advance based on projected cash need. 0 0) Note# 1: Report#l for Advance Basis Agreements cannot be submitted to the Department of M Financial Services(DFS) prior to January I 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. CU Note# 2: Report numbers 5 through 14 shall reflect an adjustment of one-tenth of the total advance amount, on each of the reports, repaying advances issued the first two months of the U agreement. The adjustment shall be recorded in Part C, I of the report(ATTACHMENT IX). E c� 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. Page 46 of 67 Packet Pg. 1243 C.29.c AA-2329 ATTACHMENT 1 REQUEST FOR PAYMENT FORM 106 OLDER AMERICANS ACT I NSIP ......... ......... _..... ........._................................................... .. ......... ......... .............. A'"'ulf''I.IY,S!rn'IRIC':.MT'GNirP;B P'"IRP;P'VNNkIP:R MAJAIr:,,AWRIESS,,I A Fir.D IhffP NINJIAItlBPA .... . 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I,at nuWem MPare r�1r'tt Y^k�rl m+&r,w IPo,ua,wrnry 6 �!� pP1' I I pPn rk'rvh w l.uurlawn�a' ..............._....l�,..........l. ..,- „. ,.,, ...... ................... ._,„ ,mNai.m RrvOW I 0,0 „."1C @;d Boo m,... �al ..................................I ...........m,... ......... .......................................... ........ '+I: 6D puV U aF+ ^---..,_-..... . .......................................... ..—... _....................... ............................................. � II m r z P-.aullrro on rwNarwl'uure,epr rn rNr,ac u, .....,.... ......... IN B ................................,1� !CU ..........m...... Ih'1 00 6tl PNQU ip:IX'. NP p"V IRE U .. m;..,,,....n. ...... ..,.---m.,,, .. ._.... .. .. ....... .. ........ ..... ...., ,....,. .. u .I m,r,Pa �P 00 PIi.,IW ry.DO' a PO a no IP'LDID 0.01"' '�`+ 'wCII,Md IX N'Y IFk,;pr 4PPW TMI P5N'P,, .. a^1.ItiA IND P°F mrinru.Ip%P'wlmurra m,Srti'„'tw,;!I)'lf& Page 47 of 67 Packet Pg. 1244 C.29.c AA-2329 ATTACHMENT X EXHIBIT 1 Ipktc timr,Ts A,lsHrIr COST RII:I:W'"q:YIPCYI' DAA Subur16:'W119 .......,. R�R�rogdiuAui�!t;~C wpiaa�� V��, IrNpuG�ll� Ir'�„ i 12mmy. R. 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CV) 4. , 5 , , N.. — Cr .. .. .. .. ............................ � G �zusm � 5 mmr. .,. ,. ....., <S R, ... ...,, E U Page 48 of 67 Packet Pg. 1245 C.29.c AA-2329 ATTACHMENT X EXHIBIT 2 INSIP __ __ ___________ PROVIDER INANE, DRESS.IPHONlE0 PROGRAM IFAdRi' IN SOURCE: ""`°. �___&�_______ _ � E� 0 NdSdr saEpaE�'r c'E. tti=PP'c�'TRr,;A^N 0 cere"y to thw hp.st of my knaW�.6 e and b0fw &Wd t.Ns r___ �.µ_______ is xmG4e-te and 0 t#ays Wron wo forsos sww Forth Prep#;:w'ed ty:.........................03te.._________.y ApWoved by:..., ..........0-we..___________ J CN M IEXPENINTEDIF'tIE Qa'G.�A purT.A,"nON��_____________ nCURRE,:iN&T MONTH _�� YEAR'rO DATE__,..m„..._„a... P4tEy'C5�'Y'TG34JNB''T, kd GT.Et�A.'�c.__ 4.'f4p�S.CYEfl.I?dEwGdEel CrJPdGY ErC.;yS'T'F____ L#CSP�4F_-�;7 '.t-J+lp—srj._CONkGR GA;'�� FiO -DEILPWEc ED C,yAA;E'tartciec@&pe.a;s CJP&9T5 __ -" _______ ______ __.._ _ _ 0 0..Sp Ft7fOW IVIe.A% UN II _a� _#P_ t,1 _____ _____ (1� _&➢ � ____ ------- _____ ao.+ 'Toi.tat Funded Uim.ats CIPB@'T.s ______ _____ _____p____ _____I}_�..__ _._.._. Line 8 Times S.'7®cems prey Meat ------------------------------- VTEU N�#TL➢'Tot.�E��Penaidures SO.i Y"TP3"CrsF !G4xperxli°t.�ras $df f7(,I N .,..,m. ..�.� C`1 CN Acwd E"rditures fo,ns E�'iepm 0 'ToW E,pena9mmes"rear to D3' _.._.._.._.. ° ........_.._.._.._.._.. U Page 49 of 67 Packet Pg. 1246 C.29.c AA-2329 ATTACHMENT X EXHIBIT 3 PSA/PROVIDER MONTHLY MEALS REPORT PSA Number 11 Month of Report 0 Number of days served this month Toth number of meals, regardless of funding source, served to: - all persons 60 years of age or older and their spouses, regardless of age - volunteers, regardless of age, w, °ho provi-der services during meal hours on a Regular basis - handicapped or disabled individuals residing in housing facilities occupied primarily by elderly at°��,,hi!ch congregate meal services were provider during the month. M Provider Name Congregate Meals Home-Delivery Meals Total 0 0 0 0 0 U TOTAL: 01 01 I certify that the above information is accurate and complete to the best of my lknovdedge. N Signature: Title: Date: c� 0 U PSA#11 OAA NSIPForms, evised October 2019 � Page 50 of 67 Packet Pg. 1247 C.29.c AA-2329 ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name: Monroe County Board of County Commissioners, Social Servvices/ln-Home Services. County: Mp Address: 1100 Jt'Mota�on� �- t40 Completed By; 1<1 M WtQI� City, State, Zip Code [� lIfGS�" 1r.e� g.30(40 Date j2.--Lq-j,4 Telephone 305 Z � PART I. READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. CN M 1. Briefly describe the geographic area served by the program/facility and the type of service provided:�� - �r- g0 2. POPULATION OF AREA SERVED. Source of data: u5 �S �C-T t) T to &/a White 7#6 Black °a ispanic 1 Z% Other °/ emale 1 StAFF CURRENTLY EMPLOYED. Effective date: 12 2.4 2,2_ — Total# a White 3r/a Black Wr% Hispanic 1 42>% Other 7-L-V.Female °/a Disabled cN 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date 1 z Z- j # b-2,(0 White I W/a Black % Hispanic % Other °°Female 1 °/ Disabled % Over 40 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total#CJ ]IV.White % Black Q% Hispanic Q % Other j°/a Female 8% Disabled L) 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 YE�N❑O �LuI( c� 7. Compare the staff composition to the population. Is staff representative of the population? If NA or NO, explain. NA YE5 O ❑ ❑ 8. Are eligibility requirements for services applied to clients and applicants without regard to NA YES PO race, color, national origin, sex, age, religion or disability? If NA or NO, explain. Page 51 of 67 Packet Pg. 1248 C.29.c AA-2329 9. Are all benefits, services and facilities available to applicants and participaryts in an equally effective manner regardless of race, sex, color, age, national origin, religion or disability? NA_YES NO If NA or NO, explain. 1101. For in-patient services, are room assignments made without regard to race, color, national origin or disability? NA YES—NO— If NA or NO, explain. N Qf 11. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain- V429 c� 12. Are employees, applicant and participa informed o heir protection against discrimination? If es, how? Verbal +M Written Poster E'If NA or NO, explain. U 0) 13. Give the number and current status of any discrimination complaints regarding services or CN employment filed against the program/facility. N c� 14. Is the pfogram/facility physically accessible to mobility, hearing, and sight-impaired individuals? NA— YES_VNO_ If NA or NO, explain. 0 c� PART Ill. 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. ` ES 16. Is there and establ ed grievance procedure that incorporates due process in the resolution of complaints?YES ,NO_If NO, explain. Page 52 of 67 Packet Pg. 1249 C.29.c AA-2329 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 ailable to assure accessibility of services to hearing and sight impaired individuals?YES NO_If NO, explain, C� c� CU 0 U PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF$50,000 OR , MORE. c14 20. Do you have a written affirmative action plan? YES NO_ If NO, explain. c� CU a� c� CU Alliance USE ONLY Reviewed By In Compliance YES 0 NO* Program Office 'Notice of Corrective Action Sent 1®! Date Telephone Response Due , f—/— On-Site 0 Desk Review ❑ Response Received /'_1_ INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST I. 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. Page 53 of 67 Packet Pg. 1250 C.29.c AA-2329 2. Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other"races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled,registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA recipients and their sub-grantees,45 CFR 80.4(a). 7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff. U 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 0 may be necessary to correct any discrimination.Some legitimate disparities may exist when programs are sanctioned to serve ', c14 target populations such as elderly or disabled persons,45 CFR ,9(b)(6)„ M c14 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or c� 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). U 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$0,3(�), 11. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin,or disability,45 CFR 80.3 (a). 12. The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live,program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services,45 CFR 80.3 (a). Page 54 of 67 Packet Pg. 1251 C.29.c AA-2329 13. Program sr'faciIities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of HHS. The infonnation may be supplied verbally or in writing to every individual, or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d). 14. Report number of discrimination complaints filed against the program/facility. Indicate the basis,e.g.,race,color,creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15. The programtfacility 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. CU 16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self- evaluation to identify any accessibility barriers. Self-evaluation is a four step process: c) 0 With the assistance of a disabled individualforganization, 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. N 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. c� 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 c) 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 c� with Section 504.45 CFR 84.7 (a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability.This includes recruitment material,notices for hearings, newspaper ads,and other appropriate written communication, 45 CFR 84.8 (a). 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals,taped or Braille materials,or any alternative resources that can be used to provide equally effective services, (45 CFR 84.52 (d). 21. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60 and Title VI of the Civil Rights Act of 1964,as amended. Page 55 of 67 Packet Pg. 1252 C.29.c AA-2329 ATTACHMENT D Ron, M.6q,„ unewA ��nn IIIIII 01 lu!pr:I itti 1i`r�y,u ��u BACKGROUND SCREENING Attestation of Compliance - Employer04 AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3),Florida Statutes. ➢ The term "employer" means any person or entity required by law to conduct background 0 screenings,including but not limited to,Area Agencies on Aging/Aging and Disability Resource Centers, Lead Agencies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs(DOEA), and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See§§ 435,02, 430.0402,Fla.Stat, CD 04 D A direct service provider is "a person 18 years of age or older who, pursuant to a program to 04 provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client and has access to the client's living area,, funds, personal property, or personal identification information as defined in s 817,568, The term includes coordinators, managers,and supervisors of residential facilities and volunteers." §430.0402(1)(b),Fla.Stat. U ATTESTATION: As the duly authorized representative of s, C' C, Employer Name ? t' E located at S 2- ? e �� . 33 TQ SfreetAddress City State ZIP code I, do hereby affirm under penalty of Name of Representative perjury that 1 bove named employer is in compliance with the provisions of Chapter 435 an section 30.0402, Florida Statutes, regarding level 2 background screening. Signature of Representative Oaik -- ------- ---------- ---------- ............ D09A Form 235,Attestation of Compliance-Emptoyer Effective January 19,2021 Section 435.05(3), F S Form available at http://etderaffairs.state.il.us/enolistdbatkuroundscreeni no.obn P qq App,—d as to f—.,d lzgai€s icuznep Pape 56 of 67 -Nl--C—tyAtt.—r 's OfGre O ClrisWm Cary,Assistma Cowl)Aft rn y oete t�za Packet Pg. 1253 C.29.c AA-2329 ATTACHMENT F Alliance for Aging, Inc. Business Associate Agreement This Business Associate Agreement is dated , by the Alliance for Aging, Inc. ("Covered Entity") and Monroe County Board of County Commissioners, Social Services/In-Home Services, ("Business Associate"), a not-for-profit Florida corporation. 1.0 Background. 1.1 Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the use of Protected Health Information(PHI). 1.2 Covered Entity recognizes the requirements of the Health Insurance Portability and Accountability Act of 1996(HIPAA)and has indicated its intent to comply in the County's Policies and Procedures. 1.3 HIPAA regulations establish specific conditions on when and how covered entities may share information with Providers who , perform functions for the Covered Entity. C� 1.4 HIPAA requires the Covered Entity and the Business Associate to enter into a contract or agreement containing specific requirements to protect the confidentiality and security of patients' PHI,as set forth in,but not limited to the Code of Federal u Regulations (C.F.R.), specifically 45 C.F.R. §§ 164.502(e), 164.504(e), 164.308(b), and 164.314(a-b)(2010) (as may apply) and contained in this agreement. U 1.5 The Health Information Technology for Economic and Clinical Health Act(2009),the American Recovery and Reinvestment Act (2009) and Part I — Improved Privacy Provisions and Security provisions located at 42 United States Code (U.S.C.) §§ 17931 and 17934(2010)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, 164.312,and 164.316(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. c14 The parties therefore agree as follows: CU c� 2.0 Definitions. For purposes of this agreement,the following definitions apply: 0 2.1 Access. The ability or the means necessary to read, write, modify, or communicate data/information or otherwise use any C3 system resource. 2.2 Administrative Safeguards. The administrative actions,and policies and procedures,to manage the selection, development, implementation,and maintenance ofsecurity measures to protect electronic Protected Health Information(ePHI)and to manage cu the conduct of the covered entity's workforce in relation to the protection of that information. 2.3 ARRA. The American Recovery and Reinvestment Act(2009) 2.4 Authentication. The corroboration that a person is the one claimed. 2.5 Availability. The property that data or information is accessible and useable upon demand by an authorized person. 2.6 Breach. The unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information. 2.7 Compromises the Security. Posing a significant risk of financial,reputational,or other harm to individuals. 2.8 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons or processes. 2.9 Electronic Protected Health Information (ePHI). Health information as specified in 45 CFR §160.103(I)(i) or (1)(ii), limited to the information created or received by Business Associate from or on behalf of Covered Entity. Page 57 of 67 Packet Pg. 1254 C.29.c AA-2329 2,10 HITECH.The Health Information Technology for Economic and Clinical Health Act(2009) 2.11 Information System. An interconnected set of information resources under the same direct management control that shares common functionality. A system normally includes hardware, software, information, data, applications, communications, and people. 2.12 Integrity. The property that data or information have not been altered or destroyed in an unauthorized manner. 2.13 Malicious software. Software, for example,a virus,designed to damage or disrupts a system. 2.14 Part 1. Part I—Improved Privacy Provisions and Security provisions located at 42 United States Code(U.S.C.) §§ 17931 and 17934(2010). 2.15 Password. Confidential authentication information composed of a string of characters. 2.16 Physical Safeguards. The physical measures,policies,and procedures to protect a covered entity's electronic information systems and related buildings and equipment, from natural and environmental hazards,and unauthorized intrusion. C� 2.17 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E. c� 2.18 Protected Health Information(PHI). Health information as defined in 45 CFR§160.103,limited to the information created or received by Business Associate from or on behalf of Covered Entity. U 2.19 Required By Law. Has the same meaning as the tern"required by law"in 45 CFR§ 164.103. 2.20 Secretary. The Secretary of the Department of Health and Human Services or his or her designee. 0) M c14 2.21 Security incident. The attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. c� 2.22 Security or Security measures. All of the administrative,physical,and technical safeguards in an information system. CU 2.23 Security Rule. The Security Standards for the protection of Electronic Protected Health Information at 45 CFR part 164, U subpart C,and amendments thereto. 2.24 Technical Safeguards. The technology and the policy and procedures for its use that protect electronic protected health information and control access to it. 2.25 Unsecured PHI. Protected health information that is not secured through the use of technology or methodology specified by the Secretary in guidance issued under 42 U.S.C.section 17932(h)(2). 2.26 All other terms used,but not otherwise defined,in this Agreement shall have the same meaning as those terms in the Privacy Rule. 3.0. Obligations and Activities of Business Associate. 3.1 Business Associate agrees to not use or disclose PHI other than as permitted or required by this agreement or as Required by Law. 3.2 Business Associate agrees to: (a) Implement policies and procedures to prevent,detect,contain and correct Security violations in accordance with 45 CFR § 164.306; Page 58 of 67 Packet Pg. 1255 C.29.c AA-2329 (b) Prevent use or disclosure of the PHI other than as provided for by this Agreement or as required by law; (c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that the Business Associate creates,receives,maintains,or transmits on behalf of the Covered Entity; and (d) Comply with the Security Rule requirements including the Administrative Safeguards, Physical Safeguards, Technical Safeguards, and policies and procedures and documentation requirements set forth in 45 CFR §§ 164.308, 164.310, 164.312, and 164.316. 3.3 Business Associate agrees to mitigate,to the extent practicable,any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 3.4 Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware.This includes any requests for inspection,copying or amendment of such information and including any security incident involving PHI. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been,accessed,acquired,or disclosed during such security breach; and (b) All information required for the Notice to the Secretary of HHS of Breach of Unsecured Protected Health Information. C� 3.6 Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. 0 U 3.7 If Business Associate has PHI in a Designated Record Set: (a) Business Associate agrees to provide access,at the request of Covered Entity during regular business hours,to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the C14 requirements under 45 CFR §164.524;and C14 (b) Business Associate agrees to make any amendment(s)to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or an Individual within 10 business days of receiving the request. c� 3.8 Business Associate agrees to make internal practices,books,and records,including policies and procedures and PHI,relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered (,,.ntity, t) available to the Covered Entity or to the Secretary upon request of either party for purposes of determining Covered Entity's compliance with the Privacy Rule. 3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 CFR§ 164.528. 3.10 Business Associate agrees to provide to Covered Entity or an individual, upon request, information collected to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528 and ARRA § 13404. 3.11 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the confidentiality, integrity,and availability of PHI in electronic or any other form,that it creates,receives,maintains,or transmits on behalf of the Covered Entity. 3.12 Business Associate agrees to implement security measures to secure passwords used to access ePHI that it accesses, maintains,or transmits as part of this Agreement from malicious software and other man-made and natural vulnerabilities to assure the availability, integrity,and confidentiality of such information. Page 59 of 67 Packet Pg. 1256 C.29.c AA-2329 3.13 Business Associate agrees to implement security measures to safeguard ePHI that it accesses,maintains,or transmits as part of this agreement from malicious software and other man-made and natural vulnerabilities to assure the availability,integrity, and confidentiality of such information. 3.14 Business Associate agrees to comply with: (a) ARRA § 13404(Application of Knowledge Elements Associated with Contracts); (b) ARRA § 13405(Restrictions on Certain Disclosures and Sales of Health Information);and (c) ARRA § 13406(Conditions on Certain Contacts as Part of Health Care Operations). 4.0 Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement or any related agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. 5.0 Specific Use and Disclosure Provisions. 5.1 Except as otherwise limited in this agreement or any related agreement, Business Associate may use PHI for the proper cN management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. C� 5.2 Except as otherwise limited in this agreement or any related agreement, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person,and the U person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 5.3 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR 1 §i 64.504(e)(2)(i)(B),only when specifically authorized by Covered Entity. � 5.4 Business Associate may use PHI to report violations of law to appropriate Federal and State authorities,consistent with 45 CFR§164.5026)(1). 6.0 Obligations of Covered Entity. U 6.1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in Zi accordance with 45 CFR§ 164.520,to the extent that such limitation may affect Business Associate's use or disclosure of PHI,by providing a copy of the most current Notice of Privacy Practices(NPP)to Business Associate. Future Notices and/or modifications to the NPP shall be posted on Covered Entity's website at 6.2 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522,to the extent that such restriction may affect Business Associate's use or disclosure of PHI. 7.0 Permissible Requests by Covered Entity. Except for data aggregation or management and administrative activities of Business Associate,Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 8.0 Effective Date and Termination. 8.1 The Parties hereby agree that this agreement amends,restates and replaces any other Business Associate Agreement currently in effect between Covered Entity and Business Associate and that the provisions of this agreement shall be effective as follows: Page 60 of 67 Packet Pg. 1257 C.29.c AA-2329 (a) These Business Associate Agreement provisions, with the exception of the electronic security provisions and the provisions mandated by ARRA, HITECH and Part I shall be effective upon the later of April 14,2003,or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI; (b) The electronic security provisions hereof shall be effective the later of April 21,2005 or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI;and (c) Provisions hereof mandated by ARRA, HITECH and/or Part I shall be effective the later of February 17, 2010 or the effective date of the earliest contract entered into between covered entity and business associate that involves the use of PHI or ePHI. 8.2 Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (a) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (b) Immediately terminate this agreement if Business Associate has breached a material term of this Agreement and cure is not possible;or (c) If neither termination nor cure is feasible,Covered Entity shall report the violation to the Secretary. c14 8.3 Effect of Termination. Except as provided in subparagraph(b)of this section,upon termination of this agreement, for any reason, Business Associate shall return all PHI and ePHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. CU (a) This provision shall apply to PHI and ePHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI and ePHI. L) (b) In the event that Business Associate or Covered Entity determines that returning the PHI or ePHI is infeasible, notification of the conditions that make return of PHI or ePHI infeasible shall be provided to the other party. Business Associate shall extend the protections of this Agreement to such retained PHI and ePHI and limit further uses and 0 disclosures of such retained PHI and ePHI,for a minimum of six years and so long as Business Associate maintains such 1 PHI and ePHI,but no less than six(6)years after the termination of this agreement. � 9.0 Regulatory References. A reference in this agreement to a section in the Privacy Rule or Security Rule means the section then in effect or as may be amended in the future. y CU 10.0 Amendment. The Parties agree to take such action as is necessary to amend this agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule,the Security Rule and the Health Insurance Portability and L) Accountability Act of 1996, Pub. L.No. 104-191. 11.0 Survival. Any term, condition, covenant or obligation which requires performance by either party hereto subsequent to the termination of this agreement shall remain enforceable against such party subsequent to such termination. 12.0 Interpretation. Any ambiguity in this agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and Security Rule. 13.0 Incorporation by reference. Any future new requirement(s),changes or deletion(s)enacted in federal law which create new or different obligations with respect to HIPAA privacy and/or security, shall be automatically incorporated by reference to this Business Associate Agreement on the respective effective date(s). 14.0 Notices. All notices and communications required, necessary or desired to be given pursuant to this agreement, including a change of address for purposes of such notices and communications, shall be in writing and delivered personally to the other party or sent by express 24-hour guaranteed courier or delivery service,or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other party as follows(or to such other place as any party may by notice to the others specify): Page 61 of 67 Packet Pg. 1258 C.29.c AA-2329 To Covered Entity: Alliance for Aging, Inc. Attention: Max Rothman 760 NW 107 Avenue Miami,Florida 33172 To Business Associate: Monroe County Board of County Commissioners,Social Services/In-Home Services 1100 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. 15.0 Governing Law. The laws of the State of Florida, without giving effect to principles of conflict of laws, govern all matters M arising under this agreement. 16.0 Severability. If any provision in this agreement is unenforceable to any extent, the remainder of this agreement,or application U 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, U 17.0 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 agreement and agree to perform them in the same Iq manner and to the same extent that Business Associate would have been required to if that succession had not taken place. This 0 assumption by the successor of the Business Associate's obligations shall be by written agreement satisfactory to Covered Entity 0) M cN 18.0 Entire Agreement. This agreement constitutes the entire agreement of the parties relating to the subject matter of this agreement and supersedes all other oral or written agreements or policies relating thereto, except that this agreement does not limit the amendment of this agreement in accordance with section 10.0 of this agreement. Covered Entity: Alliance for Aging,Inc. o U By: Date: (signature) c� Business Associate: Monroe County Board of County Commissioners,Social Services/In-Home Services By: Date: 12.29.2022 (signature) Alpp%oviiNl as mi fbi m mid lr pd suffiicknq „,. Morrm r, m'l �lanty twnv y t C rR Orrmkhna C`iinru, mAs6P;Oml Dale: 12/29/2022 Page 62 of 67 Packet Pg. 1259 C.29.c AA-2329 ATTACHMENT G Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline AGING AND DISABILITY RESOURCE CENTER (ADRC)—OUTSOURCED FUNCTIONS 1. 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 eCIRTS in accordance with DOEA requirements. M C� C. Adhere to prioritization and targeting policy as set forth in the Handbook, as applicable. D. Ensure the Provider's Disaster Plan reflects ADRC Outsourced Functions, annually or as needed to c� incorporate ADRC outsourced functions. U 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 0 Disability Resource Center. 0, N M F. Ensure that services provided are in the clients' best interest, are the most cost effective, of high quality, cN and are responsive and appropriate to the assessed needs. c� The Assessed Priority Consumer List(APCL) is maintained when services funded by the department are not available. CU Contracted Providers of registered services for Local Services Program (LSP) and Older Americans Act (OAA) must maintain waiting lists in the eCIRTS database for registered services when funding is not available. U c� Page 63 of 67 Packet Pg. 1260 C.29.c AA-2329 Alliance for Aging, Inc. Aging and Disability Resource Center/Hider 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 programs. Procedure: l. Providers will collect information from callers and conduct a 701 S assessment. Alternatively, if a 701 A(B) C assessment already exists or is provided from another Provider the information from the 701 B can be utilized. 2. The Provider will determine the services needed and the appropriate funding source(s)that provides the needed services. 0 U 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. 0 0) 3. The caller will be provided with general information regarding the ADRC as well as the ADRC Elder Helpline contact number. N 4. The caller will be informed of the services and funding sources that they are being placed on the wait list for in CIRTS. CU 5. For non-case managed programs,the Provider will create a client record in CIRTS(if there is no existing record) U 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]. E CU c� 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. Page 64 of 67 Packet Pg. 1261 C.29.c AA-2329 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Outsourced function-Triage Creation Date: March 5, 2008 Revision Date: 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: s N 1. The Provider will conduct annual reassessments based on DOEA Wait List Reassessment Standards. C� 2. If there is no current 701 A 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. 0 U 3. The Provider will ensure that the CIRTS prioritization score is accurately maintained, according to DOEA 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 0, Chapter 2. N 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 en Elder Helpline,as well as,to other contracted Providers and community organizations. The caller will be informed of the services and finding sources that the wait list for and/or have been removed from the wait list for. 5. The Provider will remind client of the ADRC Elder Help Line contact number and to contact the ADRC Elder U Help Line with any questions or concerns. 6. As funding becomes available,the Provider will run CIRTS Prioritization Report and activate clients according to CU 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. Page 65 of 67 Packet Pg. 1262 C.29.c AA-2329 Alliance for Aging, Inc. Aging and Disability Resource CenterlElder 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. C� 2. The Provider will update CIRTS status by funding source and service for any services being activated for the client using appropriate CIRTS codes. CU 3. Client may be left on wait list of a different funding source than the one being activated if the Provider determines tos 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- 0, DOEA funding source and the Provider determines that the client's need will persist after the temporary funding source is exhausted. N 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. CU 6. The Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns U regarding the status of any of their services. c� Page 66 of 67 Packet Pg. 1263 C.29.c AA-2329 Alliance for Aging,Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Termination from Wait List—Clients/Services Creation Date: March 5, 2008 Revision Date: 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. M c� 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. 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. U 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. 0, listed for. c14 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. CU 0 5. The Provider will inform the client of any services/funding source that they are being removed from the wait list U 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 the Handbook as applicable. Page 67 of 67 Packet Pg. 1264 Cf OOUR?4 01( 0: Kevin Madok, :m ........ Clerk of the Circuit Court&Comptroller—Monroe County; Florida co DATE: February 2, 2022 TO: Sberyl Graliam, Director Social Services ATI'N: Lourdes Francis FROM: Pamela G. Hanco*.C. SUBJECT: January 21"BOCC Meeting Attached is a copy of the following item for your records: C8 Standard Contract#AA-2229, Older Americans Act between Alliance for Aging, Inc., and Monroe County Board of County Commissioners/Monroe County Social Services/In- Home Services and Nutrition Programs for the contract period of January 1, 2022, dirougli December 31, 2022,in the not to exceed amount of$726,265.90. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 '305-852-7145 305-852-7145 AA-2229 ALLIANCE FOR AGING,INC.. STANDARD CONTRACT OLDER A2NRRIC.4NS 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 farther identified in ATTACHMENT 11,.Exhibit-2 as necessary. WITNE;SSETH 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. I. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which constitute the contract document. 2. Definitions A DL- Activities of Daily Living APS--Adult Protective Services ADA—Americans with Disabilities Act Alliance—Area Agency on Ageing APCL—Assessed Priority Consumer List CIR`I'S—Client Information and Registration Tracking System DO EA—Department of Elder Affairs(The Department) I&R—Information and Referral IAI~DL—Instr¢amental Activities of Daily Living MOA—Memorandum of Agreement MOU—Memorandum of Understanding NSIP---Nutritional Services Incentive Program OAA—Older Americans Act 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 This contract incorporates by reference attachments,proposal(s),Provider's Sctvice Provider Application,and the current DOEA Programs and.Services Handbook(the"Handbook").Any and all contracts or agreements executed between the Provider and the Alliance during the effective period of this contract shall be governed itz accordance with the applicable laws and statutes. 4. Term of Contract This contract shall begin on January I,2022 or on the date on which the contract has been signed by the last party required to sign it,whichever is later. It shall end at midnight, local time in Miami,Florida,on(December 31,2022, unless renewed or extended as provided herein. Page I of 72 AA-2229 S, ContractAmount The Alliance agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed$726,265.90 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, and any amendments,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. Compliancewith Federal Law 7.1 This contract contains federal funds. The following shall apply: 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$100,000.0t1,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 seep.),Executive Order 11738,as amended,and where applicable Environmental Protection Agency regulations 40 CFR 30, The Provider 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 with this contract to influence legislation or appropriations pending before the Congress or any State legislature. The Provider must complete all disclosure fortes as required,specifically the Certification of Assurances Attachment,which must be completed and returned with this signed contract. T I A, In accordance with Appendix A to 2 CFR 215, the Provider 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, "Debatrrtent 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. Page 2 of 72 AA-2229 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 faiting to comply with the ding 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 11-116, Provider agrees to utilize the U.S.Department of Homeland Security's l -verify system to verify the employment of all new employees hired by Provider during the contract terra.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 daring the contract term.Providers meeting the terms and conditions of the E- Verify System are deemed to be in compliance with this provision. g. Compliance with State Law 8.1. This contract is executed and entered into in the State of Florida, and shall be construed,perforated and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. 8.2. The Provider shall comply with the requirements of s.287,058,Florida Statutes("F.S.„")as amended. 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 Provider shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in ATTACHMENT 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 detail for a proper pre-audit and post-audit. 8.2.4. If itemized payment for travel expenses is permitted in this contract,the Provider will submit bills for any travel expenses in accordance with s. 112.061,F.S.,or at such lower rates as may be provided in this contract. 8.2,5. The Provider shall allow public access to all documents,papers,letters,or other public records as defined in subsection 119.011(12),F.S.,made or received by the Provider iu 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 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,Florida Administrative Code("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. 8.6. in accordance with s.287.135 F.S.,any Contractor on the Scrutinized Companies with Activities in Sudan Page 3 of 72 AA-2229 List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Last,or the Scrutinized Companies that Boycott Israel List(Lists),created pursuant to s.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 S 1,000,000 or more.Pursuant to s. 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. 4. 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,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, 9.2. Further information concerning the procedures for background screening is found at l tta ''` 1 1. c iffairs at ttc.tl,t 4'tic9c i4;ack rounclsc:recning.thq) 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,of the Handbook,to address complaints regarding the termination,suspension or reduction of services,as required for receipt of funds. 10.1, Complaint Procedures The Provider shall develop and implement complaint procedures and ensure that subcontractors and/or vendors develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services,provider and direct service worker complaints,or any other advice related to complaints other than termination,suspension or reduction in services that require the grievance process as described in Appendix D,of the 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 ILL By execution of this contract,Provider agrees to all provisions of Chapter 119,F.S.,and any other applicable law, and shall: 1 1.1.1. Keep and maintain public records required by the Department to perform the contracted services. 1 1.1.2. Upon request from the Alliance or the Department's custodian ofpublic records,provide the Alliance or 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 1 19,F.S.,or as otherwise provided by law_ Page 4 of 7 AA-2229 11.1.3. Ensure that public records that are exempt,or confidential and exempt,from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Provider does not transfer the records to the Alliance or the Department. 11.1.4. Upon completion ofthe contract, the Provider will either transfer,at no cost to the Alliance,all public records in possession of the Provider, or will keep and maintain public records required by the Department. If the Provider transfers all public records to the Department upon completion of the contract, Provider shall destroy any duplicate public records that areexernpt, or confidential and exempt,from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the contract; the Provider 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 may unilaterally cancel this contract,notwithstanding any other provisions of this contract, for refusal by the Provider to comply:with ATTACHMENT 1 of this contract by not allowing public access to all documents,papers,letters, or other material made or received by the Provider in conjunction with this contract,unless the records are exempt,or confidential and exempt,from s. 24(a) of Article I of the State Constitution and s. 119.07(1),F.S. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION €3F CHAPTER 119 FLORIDA STA7`UTIE.S, TO TIIE PROVIDER'S DUTY TO PROVIDE VIDE PUBLIC RECORDS RELATI G TC)THIS CONTRACT,T,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of Elder Affairs 4040 Esplanade Way Tallahassee, Florida 32399 850-414-2342 doer rcrblicre.coi-ds(ii;a%ldc raffairs.org 12. .Audits,Inspections,Investigations,Public Records and Detention 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 anti 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 xvill facilitate the duplication and transfer of any records or documents during the required retention period.in Paragraph 12.2. 12A. 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 authorised by the Alliance. Page 5 of 72 AA-2229 12,5. At all reasonable times for as long;as records are maintained,persons duly authorized by the alliance, DCFA 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 tile Allianceorinspector General in any investigation, audit; inspection,review,or hearing pursuant to s. 20.055(5), ES. By execution of this contract the Provider understands and will comply with this subsection. 13, Nondiscrimination-Civil Pig hts 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, color,disability,national origin, marital status or sex in compliance with state and federal law and regulations. 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 terns 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 orbenef;ts through this contract. These procedures will include notifying clients, employees,and participants of the right to file a complaint with the appropriate federal or state entity. 13.4 If this contract contains federal funds,these assurances are a condition of continued receipt of or benefit from federal financial assistance,and are binding upon the Provider,its successors, transferees,and assignees for the period during which such assistance is provided. Tice 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 alcove 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 flue Handbook and the procurement documents leading to this contract. 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 cope any records,papers, documents,facilities,goods and services of the Provider which are relevant to this contract,and to interview any Page 6 of 72 AA-222 q clients, employees and subcontractor/vendor employees of the Provider to assure the alliance of the satisfactory perfonnnance 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. 16.1 New Contract(s)Reporting: The Provider shall notify.the Alliance within ten(10)days of entering into a new contract with any other state human service agency. The notification shall include the following information;(1)contracting state agency and the applicable office or program issuing the contract;(2)contract naive and number;(3) contract start and end dates;(4)contract amount;(5)contract description and commodity or service;and(6)Contract-Manager name and contact information. 17. Indemnification The Provider shall indemnify, save, defend, and hold harmless the Department and 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. 18. Insurance and Bonding 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 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 laves 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. Page 7 of 72 AA-2229 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. 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 tirade 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(1-800-96A13US13).As required by Chapters 39 and 415, F.S.,dais 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 tiles a claim for bankruptcy,the Provider must immediately notify the Alliance, Within ten(10)days alter 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 District of Florida, 'Tallahassee Division),and, (4)the name,address,and telephone number of the bankruptcy attorney. 23. Sponsorship and Publicity 23.1 As required by s.286,25, KS„if the Provider is a non-governmental organization which sponsors a program financed wholly or in partby 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 Agurg,Inc."shall appear in at least the same size letters or type as the name of the organization.. 23.2 The Provider shall not use the words"The State of Florida Department cif 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. 24. 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 tithes be entitled to assignor 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 Page 8 of 7 .AA-2229 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. 25. Subcontracts 25.1 The Provider is responsible for all work performed pursuant to this contract and procurement documents leading 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 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.297,0585,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 subcontractors and/or vendors. All deductions for social security, withholding taxes,income taxes,contributions to unemployment compensation funds and all necessary insurance for the Provider shall be the sole responsibility of the Provider. 27, Payment 27.1.Payments will be made to the Provider pursuant to s. 215.422,F.S.,as services are rendered and invoiced by 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 this contract,unless the 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 resolved in accordance with the provisions of s.215.422F.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 Provider 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 s.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: htta j"; �mfy«vil iris act�},contfa cc3ti ra t' s°encv quid Reference (Atide For State E ell 3atiirLs, df 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 Page 9 of 72 AA-2229 for allowable expenses as defined in die laws and guiding circulars cited in Sections 4 of this contract,in the Reference Guide for State Expenditures„ and any other flaws 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. 27A. 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 drat month.Invoices shall be submitted timely as per ATTACHMENT VILI in order to avoid any payment delays. 27.5. Each service perfortried 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 erasure 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. 29. Data Integrity and Safeguarding Information The Provider and its subcontractors rind/or vendors shall insure an appropriate level of data security for the information the Provider is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Provider employees that request 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 losses or outages of the computer system.The security over the backed-up data is to be as stringent as die protection re<luired 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. 30. Computer Use and Social Media Policy The DOEA has implemented a new Social Media Policy, in addition to its Computer Use Policy,which applies to all employees,contracted employees,consultants;OPS and volunteers,including all personnel affiliated with third parties,such as,but not limited to,Area Agencies on Aging and vendors. Any entity that uses the DOEA's computer resource systems must comply with the DOEA's policy regarding social media. Social Media includes, but is not limited to blogs,podcasts,discussion forums,Wikis, RSS feeds,video sharing, social networks life MvSpace,Facebook and Twitter, as well as content sharing networks such as Flickr and You Tube. This policy is available on DOEA's website at hit //c ld raFfair st ale Cl,us,Voea`financial,pj41 31. Conflict of Interest The Provider shall establish safeguards to prohibit employees, board members, management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational. conflict of interest or personal gain. Page 10 of 72 AA-22 29 No employee,officer,or agent of the Provider or subcontractor shall participate in selection,or in the award of an agreement supported by state or federal finds 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 subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Providers,potential Providers,or parties to subcontracts. Pursuant to Chapter 4, Section 2 of the Handbook, no Provider may employ, in any capacity, any member of its governing board or any family member of a person on the board or family member of its Executive Director. The Providers' board members and management most 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 that position,or if the individual is serving as an incumbent, within thirty(30)calendar days of the commencement of this contract. The Providers' employees and subcontractors must make the same disclosures described above to the Providers' Board of Directors.Compliance with this provision will be monitored. 32. Public Entity-Crime Pursuant to s. 287,133, i~.S, 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 an 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 Provider, supplier,:sub-Provider,or consultant under a contract with any public entity;and may not transact bustn`ss with any public entity in excess of the threshold amount provided in s. 287.017,FS., for Category Two f"or a period of 36 months following the date of being platted on the convicted vendor list. If the Provider or any of its officers or directors is convicted of a public entity crime during the period of this agreement,the Provider shall notify the Alliance immediately. Non-compliance with this statute shall constitute a breach of this agreement. 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 of an emergency preparedness plan,Continuity of Operations Plan. ("COOP"). In the event of ail emergency, the Provider shall notify the Alliance of emergency provisions.The COOP must address continuity of services,especially for meal providers,in weather and non-weather-related emergencies. 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 Providers 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 fond items in order to ensure continuity of services without interruptions in weather and no-weather related emergencies. 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 S5,000.00 [for federal funds],or(b);nonexpendable,tangible personal property of non-consumable nature with an acquisition cost of$1,000.00 or more per unit,and expected Page 11 of 72 AA-2229 useful life of at least one year;and hardback bound books not circulated to students or the general public,with a value or cast of S250.00 or more[for state funds]. 35. The PUR 1000 Fortin is hereby incorporated by reference and available at: l ttla,,Gv�G'.t7r ffl�rrit3a�.Co€77f' p�,�b ` c4�a t�=77 E1 l"URI OOO.Uff 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 PU.R 1000 Form are required by any section of the Florida Statutes,the terms or conditions contained in the PUR 1000 Form shall tape precedence. 36. Use of State Funds to Purchase or Improve&testa Property No funds under this contract will be used by the Provided to purchase or improve heal 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 this contract shall be decided by the Contract Manager,who shall reduce the decision to writing and serve a copy on the Provider. 38. No Waiver of Sovereign Immunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 39. Venue If any dispute arises out of this contract, the venue of such legal recourse will be Miami-Dade County,Florida. 40. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the Alliance or ffic Provider unless expressly contained herein or by a written amendment to this contract signed by both Parties.. 41. Force: ajeure 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. 4 . 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 frill force and effect. 43. 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. 44. 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. Page 22 of 72 AA-2229 4 , 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. 46, Compliance The Provider shall abide by all applicable current federal statutes, lases,rules and regulations as well as applicable current state statutes, laws,rules and regulations,policies of the Alliance and the Department,and the terms of this contract.The Parties agree that failure of the Provider to abide by these lases,rules,regulations,policies,and terms of this contract shall be deemed an event of default of the Provider and subject the Provider to disciplinary action including corrective action,unannounced special monitoring,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 noncompliance, or other administrative action to immediate, unilateral contract cancellation at the discretion of the Alliance. If the Alliance finds that the Provider fails to abide by all applicable current federal and state statutes, laws,rules and regulations,as well as conditions of this contract.the Alliance shall provide the:Provider a Notice of Violation which shall include a concise statement of the specific violations of the Provider and the facts relied upon to establish the violation. Upon receipt of the Notice of Violation, the Provider shall have twenty-one (21) days to respond to the Notice of Violation. The Provider's response must include a statement of any disputed issues of material fact and a concise statement of the specific facts the Provider contends warrant reversal or deviation from the Alliance's proposed action,including an explanation of how the alleged facts relate to the specific rules,statutes,or contractual term. Failure of the Provider to respond to the Notice of Violation within t,svcnty-one(21)days shall be deemed a waiver of the rights outlined above and the Alliance will proceed against the Provider by default. The Alliance„ upon receiving a timely filed response to a Notice of Violation, will forward the response and all accompanying documentation to the Contract Manager to review and consider. The Contract Manager shall,withiin 30 days after the receipt of the Provider's response,file an order which lays out the final determination of disciplinary action by the Alliance. 47, Final Invoice The Provider shall submit the final invoice for payment to the Alliance as specified in section 3. .7(date for final request for payment)of ATTACHMl N'T 1. 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. 48. Renegotiations or Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. 49.Suspension of Work. The Alliance may in its scale 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) Page 13 of 72 AA-2229 issue a notice authorizing resumption of work,at which time activity shall resume,or(2)terminate the contract or purchase order. Suspension of work shall not entitle the Provider to any additional compensation. 50. Termination 50.1 Termination for Convenience, This contract may be terminated by either party without cause upon no less than thirty(30)calendar days'notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S.Postal Service with verification of delivery or any expedited delivery service that provides verification of delivery or by hand delivery to the.Alliance Contract Manager or the representative of the Provider responsible for administration of the contract. The Provider shall not ftimish any product after it receives the notice of termination,except as necessary to complete the continued portion of the contract, if any. The Provider shall not be entitled to recover any cancellation charges or lost profits. See notes on email regarding this paragraph. 50.2 Termination for Cause.The Alliance may terminate this contract if the Provider fails to(1)deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any term of dre contract, (4) abide by any statutory requirement, regulatory requirement, licensing requirement, or Department policy or (5) in the event funds for payment become unavailable for this 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. Rule 60A- 1.006(3),F.A.C.,governs the procedure and consequences ofdefault.The Provider shall continue work on any work not terminated.Except fordefaults of subcontractors at any tier„the Provider shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control,and without the fault or negligence,of the Provider. If the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both the Provider and the subcontractor, and without the fault or negligence of either,the Provider shall not be liable for any excess costs for failure to perform,unless the subcontracted products or services were obtainable from other sources in sufficient time for the Provider to meet the required. delivery schedule. If,after termination, it is determined that the Provider was not in default,or that the default was excusable,the rights and obligations of the Parties shall be the sarne as if the termination had been issued for the convenience of the Alliance. The rights and remedies of the Alliance in this clause are in addition to any other rights and remedies provided by law or under the contract. 50.3 Upon expiration or termination of this contract,the Provider and subcontractors shall transfer all public records in its possession to the Alliance and destroy any duplicate public records that are exempt or confidential and exempt from public records,disclosure requirements at no cost to the Alliance.All electronically stored records shall be provided to the Alliance in a format that is compatible with the Alliance's information technology systern(s). 51,Successors This contract shall remain binding upon the successors in interest of either the Alliance or the Provider,subject to the assignment provisions in Section 22 above, 52. Electronic Records and Signature 52.1 The Alliance authorizes, but does not require, the Provider to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract. A Provider 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, F.S..All electronic records trust be fully auditable;are subject to Florida's Public Records Law,Ch. 119,F.S.„must comply with Section 29,Data Integrity and Safeguarding Information; must maintain all confidentiality,as applicable;and trust be retained and maintained by the Provider to the same extent as non-electronic records are retained and tmaititained as required by this contract. Page 14 of 72 AA-2229 52.2 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 upon further written consent by the Alliance. 52.3 Upon request by the Alliance,the Provider shall provide the Alliance or Department 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 A,lliance's contract manager with a summary of the investigation and allegations. 532 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 die Corporation for National and Community Service), in comrriunity service settings. 533 Enforcement: 53.3.1 In accordance with.s.430.04,P,S.,the Alliance may,without taking any intermediate measures available to it against this contract rescind this contract if the Alliance finds that: 53.3.2 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; 53.3.3 The Provider lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; 53.3.4 The Provider has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the Alliance,or the Provider has committed or repeated violations of Alliance standards; 53.3.5 The Provider has failed to continue the provision or expansion of services after the declaration of a state of emergency;and/or 53.3.6 The Provider has failed to adhere to the terms of any contract or agreement incorporating in this Contract. Page 15 of 72 AA--2229 53.3.7 In the alternative,the Alliance may,at its sole discretion, in accordance with section 430.04,F.S.,take immanmediate measures against the.Provider,including: corrective action,unannounced special monitoring, 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. 53.4 In makings 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-Davie County. 53,5 Use of Service Dollars: The Provider will optimize the use of contract funds by serving the maximum possible number of individuals with the services allowed by this contract. The Provider will spend all funds provided by this contract to provide such services. 53.6 Surplus,'Deftcit Report; The Provider will submit a consolidated surplus/deficit report in a formal provided by the Alliance to the Alliance's Contract Manager in conjunction with the required monthly billing submission.This report is for this contract between the Provider and the Alliance.The report will include the following: 53.6.1 The Provider's detailed plan on how the surplus or deficit spending exceeding the 1'°r'o threshold will be resolved; 53.6.2 Number of clients currently on the APCL,that receive a priority ranking;score of four(4)or five(5); 53.63 Number of clients currently on the APCL designated as hrumminent Risk. 53.6.4 Number of clients served and Aging and Disability Resource Center("ADRC")client contacts, 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. 53.7 Training:The Provider will attend all required train rags and meetings schedule by the Alliance. 54.Contract Manager The Alliance may substitute any Alliance employee to serve as the Contract Manager. 55.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 NNAT 107th,Ave,Suite 214 Miami,Florida 33172 (305)670-6500,Ext. 224 The name,address, and telephone number of the representative of the Provider responsible for administration of the program under this contract is. Page 16 of 7 AA-2229 Monroe County Board of County Commissioners, The:Provider name,as shown on page 1 of this Social Services/In-Ilorne Services A contract, and mailing address of the official 1100 Simonton Street,21 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 Provider Monroe County Board of County Commissioners, B and street address inhere fimancial and Social Services/In-Home Services administrative records are maintained is: 1100 Simonton Street,2111 Floor Key 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-l-lomc Services for administration of the program under this 1100 Simonton Street,211"Floor contract is: Ivey West,FL 33040 305-292-4510 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 rnailml is: Miami,Florida 33 172-3 1 55 105-670-6500 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 3 3 172-31 55 305-670-6500 Upon change of representatives(names, addresses,telephone m umbers)by either party,notice shall be provided in writing to the other party and the notification attached to the originals of this contract. Page 17 of 7' AA-2 22 9 57.All Terms and Conditions Included This contract and its Attachments 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.cond'aions,nr obligations other than those contained herein,and this contract shall supersede all previous communications,representations nr agreements,either written or verbal between the Parties. By signing this contract,the Parties agree that they have read and agree to the entire contract, IN WITNESS TI IEREOF,the Panics hereto have caused this contract,to be executed by their undersigned officials as duly authorized, MONROE COUNTY BOARD OF COUNTY COM MI SiSION FRS.'K)C'.I A I, SE.RVICESAN-1IOMF SERVICES ALLIANCE FOR AGING.INC. /�IGtX X AVIM111WIV, i; SIGNIiC)BY: SIGNED BY: fDe:e,M1 !ST:_.. . . •-___—� NAME.: 0.gvj VLj ) irAMt: i17,4X [3.RnT1tMAN.1t),I.L.M. TITLE; tt!^4,--j GAmj_olsffac� TITI.F: PRI:S11)FN•l AND CEO DATE: 8 _p 21 ._ f).4'ft:: Dec 8,2021 MONROE COUNTY ATTORNEY SIGNED BY: _ aaittavEn AS TO FORM NAME: David Ric _ TITLE: MA OR - ! i"c'♦"" DATE: 2I 'Lo yy JAMES MptENAAR ASSISTANT COUNTY ATTORNEY R,41YYj.OR M., xw.. Data: hmes D.Molemal.Esq. .a1Ula,aursa:m , . _. i T} 4• CD Page IS of 72 tr AA-2229 INDEX TO CONTRACT ATTACHMENTS ATTACHMENT ATTACHMENT DESCRIPTION ATTACHMENT I STATEMENT OF WORK ATTACHMENT II FINANCIAL COMPLIANCE AUDIT ATTACHMENT ATTACHMENT II AUDIT REPIATIONSHIP DETERMINATION EXHIBIT I ATTACHMENT II FEDERAL RESOURCES AWARDED PURSUANT TO THIS EXHIBIT 2 AGREEMENT ATTACHMENT III CERTIFICATIONS ANT ASSURANCES ATTACHMENT VI ASSURANCES—NON-CONSTRUCTION PROGRAMS ATTACHMENT VIT CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE ATTACHMENT VIII OLDER AMERICANS ACT CONTRACT REPORT CALENDAR ATTACHMENT IX REQUEST FOR PAYMENT" ATTACHMENT X, RECEIPTS AND EXPENDITURES,FOR ALL OAA TITLES EXHIBIT I ATTACHMENT X, RECEIPTS AND EXPENDITURES,FOR.NSIP EXHIBIT 2 ATTACHMENT X, PROVIDER MONTHLY MEALS REPORT,FOR NSIP EXHIBIT 3 ATTACHMENT B DEPARTMENT OF EIDER AFFAIRS' CIVIL RIGHTS COMPLIANCE CHECKLIST AND INSTRUCTIONS ATTACHMENT D BACKGROUND SCREENING—AFFIDAVIT OF COMPLIANCE ATTACHMENT F DATA PRIVACY&SECURITY BUSINESS ASSOCIATE AGREEMENT ATTACHMENT G ADRC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS Page 19 of 7 AA-222q ATTACHMENT ENT I ALLIANCE FOR AGENG,INC. STATEMENT OF WORK OLDER AMERICAAgIS ACT SECTION 1: 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 alder 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.3€126)of the Older Americans Act and DOEA instructions. Area.Plan Update: A revision to the area plan wherein the.Alliance enters OAA specific data in the CIRTS. An update may also include other revisions to the area plan as instructed by the DOEA. Child: An individual who is not more than lg years of age or an individual with disability. Criteria- A standard which the Administration.on Aging/Administration for Commtutity Living set for the Title 1111)Program. AoAIACI,'s standard criterion consists of three tiers: Minimal Criteria, lnten-nediate Criteria,and Highest-Level Criteria. 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("ADL")without substantial human assistance, including verbal reminding,physical cueing or supervision;or due to cognitive or other mental impairment,requires substantial supervision because the individual behaves in a manner that poses a serious health or safety haaard 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. Living Healthy: Also known as CDSMP for the State of Florida. 1.3 General Description 1.3.1 General Statement The primary purpose of the OAA Program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals.These systems assist older individuals to attain and maintain maximum independence with supportive services, The NSIP provides incentives for the effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the number and/or the quality of meals served. NS1P is a cash allotment or comirnodity prograYn that supplements funding or good used in meals served under the OAA. Florida has opted for cash payments in lieu of donated foods. Page 20 of 7 AA-22 29 1.3.2 Authority All applicable federal haws,regulations, action transinittals,program instructions,review guides and similar documentation related to the followitig: a, Catalog of Federal Domestic Assistance No. 93.043, 93.044, 93.045,93.052,and 93.053, b. Cutler Americans Act of 1965, as amended 2016; c. 42 U.S.C. §343„42 U.S.C. §604; d. Rule 58A-1,Florida Administrative Code (FAC); e. Section 430.101, Florida Statutes(F.S.); and f. DOEA Programs and Services Handbook, ht�[�:tlr�'�cw alli�sn��toi<�_?i .t?x�;�ic7�tdirs!1itE�x�ti��a lo��.i�neilt 1.3.3 Scope of Service The Provider is responsible for coordinating and assessing the needs of older persons and assuring the availability of quality services. The services shall be provided in a.manner consistent with the Handbook and the procurement documents leading to this contract. . If receiving NSIP funding, the provider shall use NSIP funding to supplement funding for fond used in meals served by OAA Nutrition Program Providers. 1.3.4 Major Program Goals The major goals of the OAA program are to improve older individual's duality of life,preserve their independence,and prevent or delay their need for costlier institutional care. These goals are achieved through the implementation of a comprehensive and coordinated service system that provides a continuum of service alternatives and effective delivery of nutritious meals that meet the diverse needs of elders and their caregivers. 1.3.5 Leadership and Advocacy As a designated Focal Point,a provider is encouraged to provide coordination of services for alder individuals. The Provider must also provide community leadership on aging issues and serve as die advocate and focal point for the elderly within the community in cooperation with agencies, organizations and individuals participating in activities funded by the Alliance. Advocacy should include initiating positive changes in public or private policies and attitudes towards alder persons,taping 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 Preference shall be given to those with the greatest economic and social needs,with particular attention to lobe-income older individuals, including those that are low-income minorities,have limited English proficiency,and older individuals residing in rural areas. 1 A,1.1 OAA Title 11I.General Client Eligibility Consumers shall not be dually enrolled in an OAA program and a Medicaid eapitated long-term care program, with the exception of consumers in need of OAA Legal Assistance services and OAA Congregate Nutrition Services, including transportation services to and from congregate meal sites.. 1.4.1.2 NSIP Meals served to an elderly individual,funded in whole or in part under Statewide )Medicaid Managed Care Long-'Germ Care, 11orne Care for the Elderly, Community Care for the F;lderly Programs,or other means tested programs may not be included in theNSIP count.OAA- funded congregate meals provided to S14'MC LTC clients may be included in the NSIP count. Page 21 of 72 AA-2229 1.4.1.3 OAA Title I1I13,Supportive Services, Client Eligibility (1) Individuals age 60 or older 1.4.1.4 OAA Titles IIIC1 and IIIC2,Nutrition Services,Client.Edibility General factors that should be considered in establishing priority for nutrition services include those older persons who meet the following: (1) Cannot afford to eat adequately„ (2) Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; (3) Have limited trtobility which may impair their capacity to shop and cook for themselves;or (4) Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. 1.44.1.5 OAA Title IIICI,Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT 1,Paragraph 1.4.1.3 individuals must be mobile,not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: (1) Individuals age 60 or older;and (2) Any spouse(regardless of age)who attends the dining center with his/her eligible spouse; (3) Persons with a disability,regardless of age,who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; (4) Disabled persons who reside at horne with and accompany an eligible person to the dining center;and (5) Volunteers,regardless of age,who provide essential services on a regular basis during meal hours. 1,4.1.E OAA Title IIIC2,Home delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I,Paragraph 1.4.1.3, individuals trust be homebound and physically,mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home delivered meals include the following: (1) Individuals age 60 or odder who are homebound by reason of illness,disability or isolation; (2) The spouse of a homebound eligible individual,regardless of age, if the provision of the collateral meal supports maintaining the person at home; (3) Individuals with disabilities,regardless of age,who reside at home with eligible individuals and are dependent on them for care;and (4) Persons at nutritional risk who have physical,emotional or behavioral conditions,which would make their presence at the congregate site inappropriate;and persons at nutritional risk who are socially or otherwise isolated and arable to attend a congregate nutrition site. 1.4.1.7 OAA Title IIID,Disease Prevention and Health Promotion Services (1) Target individuals age;sixty(60) or older; and (2) Priority will be given to individuals residing in medically underserved areas. 1.4.1.8 OAA Title IIIE,Caregiver Support Services,Client Eligibility (1) Family caregivers of individuals age 60 or older; (2) Grandparents(age 55 or older)or older individuals(age 55 or older)who are relative caregivers; Page 22 of 72 AA-2229 (3) Priority will be given to family caregivers who provide care for individuals with.Alalleirner's disease and related disorders with neurological and organic brain dysfunction and for grandparents or older individuals who are relative caregivers who provide care for children with severe disabilities;and (4) For respite and supplemental services,a family caregiver must be providing care for an older individual who meets the definition of the term"frail"in OAA, as per ATTACHMENT 1, Section 1.2. SECTION 11—MANNER OF SERVICE FROV1,SION 2.1 Service Tasks In order to achieve the goals of the OAA 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 avid Screening of Service Delivery for New Clients. The Provider shall develop and implement policies and procedures consistent with OAA targeting and screening criteria. (3) Program Services: The Provider shalt 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 Handbook. (4) Program Eligibility Requirements a. Eligibility Criteria Entities must sleet the following criteria to be eligible for program participation: i. An agency that has received a grant under OAA Title III [OAA section 31 1(42 U.S.C. 3030 )]; 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 Department, b. Provider's Nutrition Service Operations The Provider shalt ensure the;nutrition service operations of the: Provider meet the requirements of this contract, as well as any other applicable regulations and policies prescribed by the current Handbook, the Department of Health and Human Services,USDA, INCH and local health departments, DBPR,or any other agency designated to inspect meal quality for the State The Provider must agree to notify the Alliance of any sanitation inspections,especially those that include high priority violations and provide a copy of dhe report to the Alliance within 24 hours. Closures must be reported immediately. All subcontracted food service vendors must provide a written corrective action plan to the Nutrition Provider for any high priority or significant findings on sanitation inspections. The CAPS must be approved by the Provider's registered dietician and submitted to the Alliance to ensure that deficiencies are remedied. c. Prescribed Nutritional Requirements The Provider shalt 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; ii. Provides a minimum of 33 1/a 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 Sciences, and iii. Is served from and approved Alliance menu. d. Food Origin and Commodities Requirements Consistent with existing requirements of the NSIP, the Provider and its service providers may use NSIP cash to purchase foods of U.S.origin for their nutrition projects under Title III of the OAA. NSIP funds must be used to expand meal services to older adults. (5) Monitoring the performance of its subcontractors and/or vendors (6) Comply with the Alliances Nutrition policies and procedures Page 23 of 72 AA-2229 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 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 performance of the subcontractorivendor,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 Subcontractors 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 tiime 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. 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 erasure 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 billinglinvoicing 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 CTR"fS database per the Department's CIRTS Policy Guidelines. The data must be entered into the Cl RTS 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. .3 Staffing Requirements 2.3.1 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/err vendors dedicate adequate staff accordingly. 2.3.2 Professional Qualifications The Provider shall ensure that the staff responsible fearperfonning any duties or functions within this contract have the qualifications as specified in the handbook. 2.3.3 Service Tithes The Provider shall ensure the provision of services listed in this contract during normal business hours unless other tinges are more appropriate the meet the performance requirements of this contract, Page 24 of 72 AA-2229 and it shall monitor its subcontractors and/or vendors to ensure they are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. 2.3.4 Use of Volunteers to Expand the Provision of Available Services The Provider shall snake 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 set%,ice 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 must submit all recruired documentation in the time and manner specified for the minimum performance levels to be suet. 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 Handbook and this contract, Documentation of service delivery must include a report consisting of the following:number of clients served,number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The Provider shall provide the services described in the contract in accordance with the current Handbook, Limits of service will be paid pursuant to the rates established in ATTACHMENT The services include the following;categories. 2.4.1 Supportive Services(IIIII Program) Supportive services include a variety of community-based and home-delivered services that support the quality of life for older individuals by helping them remain independent and productive. Services include the following: (1) Adult Day Care; (2) Chore Services,. (3) Companionship; (4) Counseling(Gerontological); (5) Emergency Alert Response; (6) Escort, (7) Homemaker; (8) .blousing Improvement; (9) Legal Assistance (10) Material Aid; (11) Personal Care; (12) Recreation; (13) Screening and Assessment; (14) Shopping Assistance; (15) Transportation;and (16) Specialized Medical Equipment, Services,and Supplies Page 25 of 72 AA-2229 2. .2. Congregate Nutrition Services(HICI Program) Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity,promote socialization and the health and well-being of older-individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Congregate meals; (2) Congregate meals screening; (3) Nutrition education and nutrition counseling; 2.4.3 Home Delivered Nutrition Services(HIC2 Program) In-]novae nutrition services are provided to reduce hunger and food insecurity,promote socialization and the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include the following:. (1) Home delivered meals; (2) Nutrition education and counseling;. (3) Screen ing/Assessrnent. 2.4.4. Disease Prevention and health promotion Services(111D Program) Evidence Based Disease Prevention and health promotion("EBDI'HF)service have been demonstrated through evaluation to be effective for improving the health,wellbeing or reducing disease, disability and/or injury among older adults, and proven effective with older adult populations. The ACL defines EBDPUP services as rnecting highest-level criteria. Only services that meet the highest- level criteria are allowed under the IIID Program. EBDPI-P services must be delivered per the requirements of the program and ensure program fidelity. Evidence based programs include the following: (1) A Matter of Balance (2) Chronic Disease Self-Management (3) Diabetes Self-Management Program (4) Enhanced Fitness (5) HomeMeds 2.4.5. Caregiver Support Services(DIE Program) The following services are intended to provide direct help to caregivers,assist in the areas of health, nutrition and financial literacy and assist caregivers in making decisions and problem solving related to their caregiving roles and responsibilities: (1) Adult Day Care; (2) Caregiver Training/Support(Individual&Group); (3) Respite Services,- (4) Screening/Assessment; 2.4.6 Caregiver Support Supplemental Services (HIES Program) The following services are provided to complement the care provided by caregivers: (1) Chore Services; (2) Housing Improvement; (3) Material Aid;and (4) Specialized.Medical Equipment,Services and Supplies. 2.4.7. Caregiver Support grandparent Services(HTEG Program)- Services for grandparents or older individuals who are relative caregivers designed to help meet their caregiving obligations include the following: (1) Legal Assistance; Page 26 of 72 AA-2229 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 Retrospective Unit Cost Methodology The Provider shall submit a Retrospective Unit Cost Methodology to the Alliance annually,no later than 90 days after the provider Fiscal year end. The Service Cost Reports shall reflect actual coasts of providing each service for the preceding Provider fiscal year. if the Provider desires to renegotiate its reimbursement rates,the Provider shall mare a request in uniting to the Alliance in accordance with the Alliance's approved Reimbursement Rate Review Policy,which is incorporated by reference. 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) plumber of Unduplicated Client served. 2.5.3 Volunteer Activity Report The Provider shall submit an annual unduplicated report of volunteer hours on the format provided by the Alliance. The data collection period is from January 1 --December 31 for each calendar year. The data submission date is five(5)working days following the close of the contract period. 2:.5A CIRTS Client Information and Registration Tracking System(CIRTS)Reports: The Provider shall input CAA-specific data into CIRTS or eCIRTS,depending on die instructions provided by the Alliance, to ensure CIRTS data accuracy. The Provider shall use CIRTS-generated (or eCIRTS generated)reports which include the following: (1) Client Reports; (2) Monitoring Reports; (3) Services Reports;and (4) Outcome Measures Reports. (5) Fiscal Reports 2.5.5 Program Highlights The Provider shall submit Program Highlights referencing specific events that occurred in previous contract year by September 10'a'of the current contract year. 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 perlbrmcd 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. Page 27 of 72 A.A-2229 2.5.6 Outreach Activity The Provider shall report on outreach activities at least semi-annually using a uniform reporting format established by the Alliance_The formal must include the following information:nummber and type of provider events or activities;date and location; total number of participants at each event or activity; individual service needs identified; and referral Sources or information provided_ Reports must be submitted by.dune 30 and December 31 of each contract year. At a minimun7,the number of outreach activities required to be completed annually" for the Provider must be consistent with the number of outreach activities referenced in the procurement documents leading to this contract. 2.5.7 Health and Wellness Reports The Provider shall submit Monthly Programmatic Reports for EBDPlIP services. The Alliance Contract Manager will provide an Excel spreadsheet with the following tabs: Health and Wellness (one for each month); Success Story (reported only in May); Partnership (one tab updated as needed); and a Statistical Breakdown Page. a. Information provided in the Monthly Programmatic Report must match CIRTS data and the Request for Payment. b. The Provider shall review program documentation to ensure documentation is complete and adequately supports the information reported on the Monthly Programmatic Report prior to submitting a Request for Payment. The Provider will attest to the review in the ['comments" section of the Monthly Programmatic Report and provide relevant information regarding the documentation as needed. c. Program documentation shall include all the following elements: Sign-In Sheet or Attendance Log; flyers or documentation demonstrating efforts to recruit participants and prornote EBDP14P services provided; current facilitator certificates; copy of program license(if applicable); and any forms required by the specific progranw. d. Provider shall ensure that program documentation includes a Sign-In Sheet or Attcndance Log with date, time,name ofprograrir, participant names,and name of program facilitator(s). If the Attendance Log does not include a space for participant signatures, additional program documentations must be included with participant signatures that matches the participant names and dates in the Attendance Log. Exceptions rrray be approved by Alliance Contract Manager. Requests must be made in writing and kept with program documentation. e. Participants must write and sign their name on program sign-in sheet or Attendance Log. Attendance Logs with participant names typed or written in by the same person will not be accepted as program documentation. If a participant refuses or is unable to write their own name and sign, the instructor may sign by proxy for the participant with a note on the sign- in sheet stating why it is necessary to do so(the note needs to be initiated and dated). f. The Provider shall abide by all programm fidelity requirements and annually observe delivery of EBDPHP services. A note wilt be included in the Monthly Programmatic Report, in the comments section, when a program has been observed. Documentation pertaining to the observation will be kept and provided to the Alliance:upon request. g. The Provider shall contact the Alliance Contract Manager in the event of an emergency or an exigent circumstance where the provider is unable to maintain an aspect of fidelity of the EBDPHP services (e.g., minimum or maximum number of participants)before the end of the workshop. At the discretion of the Alliance Contract Manager, the service may be reimbursed under this contract',however, if the fidelity infraction is discovered after the program has finished, during the Request for Payment Process or a desk review, the Provider may not be reimbursed for the workshop or shall be requested to reimburse the Alliance the cast of the workshop. Page 28 of 72 AA-2229 h. The Provider shall collaborate and partner with organizations to extend the reach of FBDPHP services,Partnerships shall be designed to stimulate innovation.of new approaches and activities in LBDPHP services, development of greater capacity, and leverage other funding sources. Partnerships shall also address building and sustaining an infrastructure for the dissemination of EBDPHP services.This includes,but is not limited to,recruitment of trainers and participants, covering costs for licenses,and replicating program fidelity. i. The Provider shall document,and provide to the Alliance upon request,evidence of partnerships created formally through Memoranda ofAgreernent/Understanding. Provider will be required to keep track of partnerships in the Monthly Programmatic Report. Bach month the Provider shall review and provide updates as necessary. 2.5.8 Older Floridians Legal Assistance Program("OFLAP-IS")Reports The purpose of the OFLAP-IS reports is to collect:consistent and standard data to illustrate the range and type of legal assistance provided by the Provider to older persons in social or economic need.. The Provider shall submit reports to the Alliance in the format provided by the Department to ensure that legal services reached the targeted groups and served the priority issue areas described in Attachment/,Section 1.4.1 of this contract. The Provider shall compile and report data using the definitions and specific instructions provided by the Department and the Alliance. Reports are to be submitted in the timeframes established for each report, as follows: OFLAP Units of Service-Monthly(for bit ling purposes)to AAA OFLAP Client Report—Semi-annually* OFLAP Closed Cases Report—semi-annually OFLAP Narrative Report-semi-annually Case Examples/Good Stories • Education Events Publications(Optional) Umnet Needs(Optional) *Individual clients are to be counted only once per calendar year but are to be reported semi-annually so that the Alliance can track achievement of projected goals. Semi-annual reports will be year-to-date counts of unduplicated clients: 1)January -June;and 2)January m December. Reports must be summited annually to the Alliance by January 15". 2.6 Records and Documentation The Provider agrees to make available to Alliance and/or the Department staff and/or any party designated by the 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 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 standards. The Provider must adhere to the Alliance CIRTS Data Integrity Policies&Procedures, incorporated by reference, in order to ensure data accuracy. Rage 29 of 72 AA-2229 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/car vendors.These policies and procedures shall be made available to the Alliance upon request. 2.7 Performance Specifieations 2,7.1 Outcomes and Outputs(Performance Measures)--At a minimum,the Provider must: (1) Ensure the prevision of the services described in this contract are in accordance with the current 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 submitted in the procurement documents leading to this contract to support the Department's performance outcolne measures in the following criteria. a) 66%of new service recipients with high-risk nutrition scores will improve their 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 fancily and fancily-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; (8) Agreed-upon procedures review by an external auditor or consultant; ('9) Limited-scope reviews;and (10) Other procedures as deemed necessary. 2,73 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 2.4,15,2.6,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 associated with hiring,training,reporting and/or managing the prog;rarn shall be borne solely by the Provider,The Alliance requires immediate notice of any significant and/or systemic infractions that compromise the Provider's ability to provide participant services,to achieve programmatic performance or to provide sound financial management of the program. Page 30 of 72 AA-2229 2.8 Provider's Financial Obligations 2XI Matching,Level of Effort,and Earmarking Requirements The Provider shall provide snatch of at least 14 percent of the federal administrative funds received.The Provider's match will be made in the form of cash,general revenue administrative funds,and/or in-kind resources. The Provider will assure, through a provision in subcontracts,a match requirement of at least 10 percent of the cost for services fielded through this contract,except for Title HID. The Provider's match will be made in the form of cash andior in-kind resources.The Provider shall report match by title each month. At the end of the contract period,the Provider must properly match OAA funds. 2.8.2 Consumer Contributions Consumer contributions are to be used under the following terms. 1) The Provider assures compliance with Section 315 of the OA,A 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 s wait list, a deficit,or a surplus of finds at the end of the contract period,for each program managed by the Provider. Program surpluses must be reported to the Alliance. 2.8.4 Surplus Recapture In accordance with its surplus/deficit management policies,in order to rnaxitnize available funding and minimize the time that potential clients must wait for services,the Alliance in its sole discretion can reduce funding awards if die 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,ATTACHMENT V1T. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment.Providers must adhere to Alliance's Modified Spending Policy, incorporated by reference, when requesting;changes to the budget Summary Form. 2.8.6 'Title III Funds The Provider assures compliance with Section 306 of the Older Americans Act, as amended in 2006,that funds received under Title III will not be used to pay any part of a cost(including;an administrative cost) incurred by the Provider to maintain a contractual or commercial relationship that is not carried out to implement Title 111. 2.1 ALLI4NC 'S RESPONSIBILITI S: 2.9.t 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. nncetings. The support,or lack thereof,shall not relieve the Provider from full perfortanance of contract requirements. Page 31 of 72 AA-2 2 2q SECTION 111. METHOD OF PAYMENT 3.1 General Statement of Method of Payment The Method of Payment for this contract is a combination of fixed fee/unit rate,cost reimbursement,and advanced. payments,subject to the availability of funds. The Provider shall ensure to include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited h istorical costs in instances where all independent audit is required. The Alliance will pay the Provider upon satisfactory completion of Tasks/Deliverables as specified in Section 1I,11,2.2, and 2,3,arid in accordance with other terms acid conditions of this contract. 3. Unit of Service The Method of Payment for this contract is a combination of fixed fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Provider performance. The Alliance will pay the Provider upon satisfactory completion of the Tasks/Deliverables, as specified in Section 11 and in accordance with other terms and conditions of the contract. 3.1.1 Fixed F'ee(IJnit Date Payment for Fixed Fee/Unit Rates shall not exceed amounts established in ATTACHMENT VII,per unit of service. 3.1.2 Cost Reimbursement Payment may be authorized only for allowable expenditures, which are in accordance with the services specified in ATTACHMENT VII. All Cost Reimbursement Requests for Payment must include the Receipt and Fxpenditure Report(ATTACIIMF,NT beginning with the first month of the contract. 3.1.3 Advance Payments The Provider may request up to two(2)months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Department by the State of Florida�"budget release"),The Provider requests for advance payment require the written approval of the Alliance and the;Department's Contract Manager, The Provider shall provide the Alliance's Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If sufficient budget is available, the Alliance gird the Department may issue approved advance payments after July l st of the contract year. All advance payments will be reconciled and recouped from the third through the twelfth month. Reconciliation and recouping of advances tirade tuider this contract are to be completed in accordance with ATTACHMENT VII. 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 the need for an advance and describing how the funds will be distributed. 3.3.2 The Provider's requests for advance require the approval of the Alliance. If sufficient budget is available, the Alliance will issue approved advance payments after January 1, 2022.Advance payments will not be issued for NSIP. 3.3.3 Requests for the first through the twelfth months shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract.The schedule for submission of advance requests, if available is shown on ATTACHMENT VIII of this contract. Page 32 of 72 AA-2224 3.3.4 All advanced payments made to the Provider shall be recouped in accordance with the Reporting Schedule, ATTACHMENT VIII of this contract. 3.3.5 interest earned on advances roust 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( ).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 1X), 105 (ATTACHMENT X-EXHIBIT 1), 117(ATTACHMENT X- EXHIBIT 2)and 118(ATTACHMENT X-EXHIBIT 3). (1) Form 106 (2) Form 105 is for all OAA Titles---Use one form per Title (3) Form 117 is for NSIP (4) Form 118 is for N IP 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..The schedule for submission of advance requests(when available)and invoices is ATTACHMENT VIl to this contract. 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 clue from the Provider and any adjustments thereto. 3AA The Alliance will authorize payment only for allowable expenditures, which are in accordance with tale limits specified in ATTACHMENT VII. 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. Irate 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 VIR of this contract. Page 33 of 72 AA-2229 3A4 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. 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 VIi 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 GIFTS 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. 3A.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$150.00 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 to eligible program participants. If the Provider fails to merit the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition,any nonconforming goods(including home delivered meals)and/or services not meeting such standards will not be reimbursed under this contract.The 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. 3.5.1.Corrective Action flan I. Provider 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 Provider is notified by the Alliance that it has failed to correctly,completely,or adequately perform contract deliverables identified in ATTACHMENT 1,Sec. 11, the Alliance will demand the Provider to submit a CAP within 10 business days 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. Failure to submit the CAP as prescribed above would result in non- compliance and actions result in actions in Section 46 and 50 of this contract. 3. If the Provider fails to correct an identified deficiency within the approved time period specified in die CAP, the result is non-Comphance and actions result in actions in Section 46 and 50 of this contract. 3.5.2.Compliance The Alliance may withhold,reduce payment,or begin action for non-compliance in Sections 46 and 50 of this contract if the Provider fails to perform the deliverables to the satisfaction of this contract according to the requirements referenced in ATTACHMENT 1,Section I and Section 11 of this contract.. Page 34 of 72 AA-222q ATTACEIME dT IT ATTACHMENT It FINANCIAL AND COMPLIANCE AUDIT The administration ofresources awarded by the Alliance to the provider maybe subject to audits and/or ionitoring by the Alliance and/or the 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 s, 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 Provider 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 Proves is appropriate,the Provider agrees to comply with any additional instructions provided by the Alliance and/or the Department to the Provider regarding such audit. The Provider further agrees to comply and cooperate with any inspections, reviews.. investigations, or audits deemed necessary by the A11iancc and/or the Department. AUDITS PART I;FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A- 133„ as revised. In the event that the Provider expends $750,000.00 or more in federal awards during its fiscal year, the provider must have a single or program-specific audit conducted in accordance with the provisions of 2 C F It P a r t 2 0 0. EXIIIBIT 2 to this agreement indicates federal resources awarded through the Alliance by this agreement. Indetermining the federal awards expended in its fiscal year, the Provider shall consider all sources of Federal awards, including federal resources received from the A l li an c e. The determination of ainounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200. An audit of the Provider conducted by the Auditor General in accordance with the provisions of 2 C'FR Part 200, wilt meet the requirements ofthis part. In connection with the audit requirements addressed in Part 1,paragraph 1,the Provider shall fulfill the requirements relative to auditee responsibilities as provided in 2 C F R P a r t 2 0 0 5 0 8. 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 of2 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 thatching requirement was met for each applicable agreement. All question casts 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 Part 200,5 10,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 of30 days after receipt of the audit report or 9 inonths after the end of the Provider's fiscal year end. Page 35 of 7 AA-2229 PART II: STATE FUNDED This park is applicable iftheProvideris anon-state entity as defined by s.215,97(2),F.S. In the event that the Provider expends a total aniount 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 s. 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 s. 215,97(8),F,S. This includes submission of a financial reporting package as deftned by s.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 in state financial assistance in its fiscal year(for fiscal years ending September 30,2004 or thereafter),an audit conducted in accordance with the provisions of s.215.97,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 s.215.97,F.S,the cost of the audit must be paid from the non-state entity's resources(i,c.,the cost of such an audit must be paid from the Provider resources obtained from other than State entities). An audit conducted in accordance with this pan 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, roglilations,or statutes.The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance shall be fully disclosed in the audit report with reference to the Alliance agreement involved.If not otherwise disclosed as required by Rule 691-5,003,F,A,C,,the 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 governmental entities.Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report,but no later than 9 months after the Provider's fiscal year end. Notwithstanding the applicability of this portion, the Alliance retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. 11. PART Ill. REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 Cl,R Part 200,and required by PART I of this agreement shall be submitted,when required by 2 CFI?.Part 200.5 12,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. Atm., Fiscal Department 760 NW 10711 Avenue Suite 214 Miami, FL 33172 For fiscal year 2013 and earlier to the Federal Audit Clearinghouse designated in 2 CFR§200.36 at the following address- Page 36 of 72 .......... ............ ........................... ......... E -2229 Federal Audit Clearinghouse Bureau of the Census 1201 East 10"'Street Jeffersonville, IN 471.32 For fiscal year 2014 and later,pursuant to 2 CFl2 §200.512, the reporting package and the data collection form must he submitted electronically to the Federal audit Clearinghouse. Pursuant to 2 CPR§200,512,all other Federal agencies,pass-through entities and others interested in a reporting package and data collection forin 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,via the Alliance,at the following address: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 1071s Avenue Suite 2114 Miami,FL 33172 Additionally,copies of financial reporting packages required by this contract's Financial Compliance Audit t'na€hment, Part 11 shall be submitted by or on behalf of the Provider cto each of the following: The Florida Department of Eider Affairs,via the alliance,at the following address: Alliance for Aging,Inc, Attn: Fiscal Department 760 NW 1071"Avenue Suite 214 Miami, FIB 33172 The Auditor General's Office at the following address: State of Florida Auditor General. Claude Pepper Building,Room 574 111 West Madison Street Tallahassee,Florida 32349-1450 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 CF'R Part 200,Florida Statutes,and Chapters 10.550(local governmental entitics)or 10.650(nonprofit and for-profit organizations),Rules of the auditor General,as applicable, providers,when submitting financial reporting packages to the Department foraudits 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 thedate 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 writing by the Depar€ment. Page 37 of 72 ............................... .......... ................ AA-2229 ATTACIIMENT 11 FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT PART 1: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirementsof2 CFR fart§200.500,and/or s. 215.97,P,S.-Providers who are determined to be recipients Or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 11 of Exhibit I is met. Providers who have been determined to be vendors are not subject to the and it requirements of 2 CFR Part§200.38,and/or s.215.97,F.S.Regardless of whether the audit requirements are met,Providers who have been determined to be recipients Or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part§200 and/or Rule 691-5.006,F.A,C.,Contractor has been determined to be: Vendornotsubjectto2 CFRPart§200,38 and/ors.215.97,F.S. Recipient/subrecipient subject to 2 CFR Part §200.86 and§200.93 and/or s.215.97, F.S, Exempt organization not subject to 2 CFR Part§200 andior s, 215.97,F.S. For Federal awards, for-profit organisations are exempt,for state financial assistarice projects,public universities, community colleges,district school boards, branches of state(Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document, NOTF:If a Provider is determined to be a recipientisubrecipient of federal and or state financial assistance and has been approved by the Alliance to subcontract,they must comply with s,215.97(7),F&,and Rule 691-5006,F.A.C.[state financial assistance]and 2 CFR Part§200.330[federal awards]. PART H:FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS.Providers who receive Federal awards,state maintenance of effort funds,or state matching funds on Federal awards and who are determined to be a subrecipient must comply with the following fiscal laws,rule-,and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES NILIST 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 ORGAINIZATIONS MUSTFOLLOW: 21 CFR Part§200.400-.41 1-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* Page 38 of 72 ........... .............. AA-2229 2 CFR Part §200.100-A.drrunistrative Requirements 2 CFR Part §200,500-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws„rules and regulations *Sorne federal programs maybe 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 Servcces,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 StateProjects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations The Remainder of This Page Left Intentionally Blank Page 39 of 7 AA-2229 ATTACIUNTENT 11 FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT 2-FUNDING SUMMARY Not Title CFR§200.331,as revised,and s.215.97,F.S.,require that information about Federal Programs and State Projects included in ATTACHMENT IL Exhibit. I be provided to the recipient.Information contained is a prediction of funding sources and related arnounis based on the contract budget. I. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act I��S.Health and Human Services 93.044 $118,400.72 Title 111B-S9PT2q11Tr11iQ0_S _____ I Older Americans Act U.S.Health and Human Services 93.045 $168,668.03 Title IIICI-Congi-egate Meals Older Americans Act U.S.Health and Human Services 93.045 S245,690.67 Title HIC2-Rome Delivered Meals Older Americans Act Title HID U.S.Health and Human Services 93.043 Older Americans Act Title ILE ,-Caregiver Support Services U S.Health and Human Services 93,052 S 15 3,543.75 Title HMG-Caregiver Support Services Title III ES Older Americans Act U.S,Health and Human Services 93,053 $39,962.73 Nutrition Services Incentive Program TOTAI.FEDERAL AWARD S 726,265.90 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT AREAS FOLLOWS: FEDERAL FUNDS: 2_CFRPart 200-Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards.OMB Circular A-]33- Audits of States,Local Governments,and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOUCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE FCFDA AMOUNT TOTAL STJVIT AWNR D STATE FINAINCIALASSITANCE 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,FA.C., Reference Guide for State Expenditures,Other fiscal requirements set forth in program laws,rules and regulations. Page 40 of 72 ............... AA-2229 ATTACHMENT III CERTIFICATIONS AND ASSURANCES The Alliance 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 L29 CFR Part 95 and 45 CFR Part 75 13, Certification Regarding Lobbying(29 CFR Part 93 and 45 C FR Part 911 C. Nondiscrimination &Egual Opportunity Assurance(29 CFR Part 37 and 45 CFR Part _.y0j D. Certification Rveardinga,Public Entity Crimes, s.,287.133 F.,S. E. Association of Community Organizations for Reform Now (ACORN) Funding Restrictions Assurance(Pub.L. 111-117) F. Certification Regarding Scrutinized Companies Lists, s. 287,115,j�,S, G. Certification Rc&ardIn.&,D,ataInj=ritv Coml2liance for ContractsA rccmentsGra�ntslwans and Cooperative Agreements H. Verification of Employment Status Certification 1. Records and Documentation J. Certification Re a�rdig 1nspectionof Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBUXIFY MATTERS -PRIMARY COVERED TRANSACTION. The undersigned Provider certifies to the best of its knowledge and belief, that it and its principals, I. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not within a three-year period preceding this contract been ConViCLed or had acivil.judgment rendered against them for commission of fraud 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 commission of embezzlement, theft. forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a goverm-nent entity (Federal, State or Racal)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 applicationlproposal had one or more public transactions (Federal, State,or local)terminated for cause of default. The undersigned shall require that language of this certification be included in the docurnents for all subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts under grants, loans and cooperative agreements) Page 41 of 72 ............... AA-2229 and that all sub recipients arid contractors shall provide this certification accordingly, B. CERTIFICATION REGARDING LOBBYING - CERTIFICATION FOR CONTRACTS, GRANTS,LOANS,AND COOPERATIVE 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 of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement , and the extension, continuation, renew al, amendment 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 contract, grant, loan, or cooperative agreement, the undersigned ,hall also complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . The undersigned shall require that language 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 Conti-act was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 13152. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure. C. NON-DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE(29 CFR PART37 AND 45 CFR PART 80).-As a condition of the Contract, Provider assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIC,), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion,sex national origin,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 United States or participation in any WIA Title 1-financially assisted program or activity. 2. Title V1 of the Civil Rights Act of 1964(Pub.L. 88-352),as amended,and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 80),to the end that,in accordance with Title V1 of that Act and the Regulation,no person in the United States shall,on the ground of race, color,or national origin , be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination Linder any program or activity for which the Applicant receives Federal financial assistance from the Department. 3, Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 84),to the end that, in accordance with Section 504 of that Act,and the Regulation,no otherwise qualified handicapped individual in the United States shall,solely by reason of his handicap, be excluded froin participation in,,be denied the benefits of, Page 42 of 72 ............ ............ ........... AA-2229 or be subjected to discrimination under any program,or activity for which the Applicant receives Federal financial assistance fron-i the Department. 4.The Age Discrimination Act of 1975 (Pub. L.94-135), as amended,and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 91),to the end that, in accordance with the Act and are 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 tinder any prograrn 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 of Health 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 otherwise subjected to discrimination tinder any education program or activity for which the Applicant receives Federal financial assistance from the Department, 6.The American With Disabilities Act of 1990 (Pub. L, 101-336),which prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges ofemployment. Itapplies to recruitment,advertising,tenure, layoff, leave,fringe benefits, and all other employment-related activities, Providers also assures that it will comply with 29 CFR Part 37 and all other regulations iniplernenting 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 the right to sock judicial enforcement of the assurance. The undersigned shall require that langeirage 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 cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES,S.287.133, F.S. Provider hereby certifies that neither it, nor any person or affiliate of 11tovider, has been convicted of a Public Entity Crime as defined in s. 287.133, F.S.,nor placed on the convicted vendor list. Provider understands and agree-,that it is required to inform DOEA immediately upon any change of circumstances regarding this status, E. ASSOCIATION OF COMIMUNITY ORGANIZATIONS FOR REFORM NOW(ACORN)FUNDING RESTRICTIONS ASSURANCE(PuB.L, 111-117). As a condition of the Contract, Provider assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act,2010, Division E,Section 511 (Pub. L. 111-117), The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-24 2), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 11 1-1 17. 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 undergrants, 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 s. 287.135, F.S., Provider hereby certifies that it is not participating in a boycott of Israel, is not listed on either the Scrutinized Page 43 of 72 AA-2229 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, bath lists are created pursuant to s, 215.473,F.S. Provider understands that pursuant to s, 287.135, F.S., the submission of a false certification may subject Provider to civil penalties, attorney's fees, and/or casts. If Provider is unable to certify any of the statements in this certification, Provider shall attach an explanation to this contract. G. CERTIFICATICIN REGARDING DATA INTEGRITY COMPLIANCE FOR.CONTRACTS, AGREEMENTS,GRANTS,LOANS AND COOPERATIVE AGREEMENTS 1. 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 cacti grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities, avid (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 2. Management Information Systems used by the Provider, subcontractors, vendors, or any outside entity on which the Provider is dependent for data that is to be reported, transmitted, or calculated, have been assessed and verified to be capable of processing data accurately,including,year-date dependent data. For those systems identified to be non-compliant,Provider will take immediate action to assure data integrity, 3. If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the 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 from operating properly,the Provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the state, and without interniption to the ongoing business of the state, time being of the essence. S. The Provider and any subcontractors and/or vendors of services under this contract warrant their policies and procedures include a disasterplan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. I-I.VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the;.Department, Provider certifies the use of the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by flue Provider during the contract terra to perform employment duties pursuant to this contract and that any subcontracts include air express requirement 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 new employees hired by the subcontractor and/or vendor during the entire contract terra. Page 44 of 72 ............... AA-2229 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 makirig or entering into this transaction imposed by Circulars A-1 02 and 2 CFR Part 200, and 215 (,formerly OMB Circular A-1 10). I. RECORDS AND DOCUMENTATION The Provider agrees to make available to the Alliance and Department staff and/or any party designated by the Alliance or Department any and all contract related records and documentation. The Provider shall ensure the collection and maintenance of all program related information and documentation on any such sys tern designated by the Alliance or the Department. Maintenance includes valid exports and backups of all data and systems according to Department standards. J.CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS L In addition to the requirements of section 12 of this contract,and 119,0701(3)and(4)F.S,, and any other applicable law, if a civil action is commenced as contemplated by s. 119 070 1(4), F,S-, and the Department is named in the civil action, Provider agrees to indemnify and hold harintess the Department for any costs incurred by the Department, and any attorneys' fees assessed or awarded against the Department from a Public Records Request made pursuant to Chapter 119,F,S., concerning this contract or services performed thereunder. a, Notwithstanding s 119.0701, F.S., or other Florida law, this section is not applicable to contracts executed between the Department and state agencies or subdivisions defined in s. 768.28(2), F.S. 2. Section 119.01(3), F.S., states if public funds are expended 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 membership records of such an entity which pertain to the public agency(the Department) are public records. Section 119.07,KS,states that every person who has custody of such a public record shalt permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances. Additionally, I certify this organization does—does not provide for institutional memberships. Provider's signature below attests that records pertaining to the dues or membership application by the Alliance and the Department are available for inspection as stated above. By execution of this contract, Provider must include these provisions in all related subcontract agreements (if applicable). By execution of this contract, Provider must include these provisions (A-J) in all related subcontract agreerrients (it' applicable). By signing below,, Provider certifies the representations outlined in parts A through 3 above, are true and correct. Page 45 of 72 ____............ .... ........... ......................... AA-2229 64 1100 Shnonton Street,j!LFk2kr ignature and Title of authorized IR'o'e"nutli" t t Address Monroe County Board of County Commissioners, Social Servkeslln-Homc rvices ZQ,Z I —!Ley West.FL 13 040 Provider Name Date City,State,Zip code MONROE COUNTY ATTOANEY PPROVEP AS TO FORM K'A JAMES M FNAAR , 0 AS ISTANT MtTyVtTl RNEY Da te:James D.Mclenaar,Esq. Page 46 of 72 AA-2229 ATTACtLNIENT VI ASSURANCE --1' ON-CON T1 UCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions,searching existing data sources,gathering;and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of:Management and Budget. Paperwork Reduction Project(0348- 0043), Washington,DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program, If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. I. Has the legal authority to apply for Federal assistance, and the institutional, managerial and Financial capability(including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning,management,and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records,books,papers,or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency, directives, 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. 4728-4763)relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM"s Standards for a Merit System of Personnel Administration(5 C.F.R. 900,Subpart E). 6. Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title V1 of the Civil Rights Act of 1964(P.1 .88=352)which prohibits discrimination on the basis of race,color or national origin;(b)Title 1X of the b;ducatiora Amendments of 1972, as amended (20 U.S.C, 1691-1683, and 1685-1686), which prohibits discrimination on the basis of set; (c) Section 504 of the rehabilitation Act of 1973,as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107),which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse, (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.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. 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. Page 47 of 7 -222 10, Will comply, if applicable,with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973(P,L.93-23 )which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance of the total cost of insurable oonstruction and acquisition is$10,000.00 or more. 11, Will comply with environmental standards which may be prescribed purs-uarn to the following. (a) institution of environmental duality control measures under the National Environmental Policy Act of 1969(P'.L. 1-190) and Executive Order(E ) 11514;(b) notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to F 11990;(d)evaluation of flood hazards in floodplains in accordance with RO 119 9;(c)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 scgc );(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) protections of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended,(F.L. 93-523);and (h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P. .93-205). 12 Will comply with the Wild and Scenic givers Act of 1968 (16 U,S,C. 1721 et seq.) related to protecting components or potential components of time national wild and scenic rivers system. 13 Will assist the awarding agency in assuring compliance with Section 10:6 of the National I Iistoric Preservation Act of 1966, as amended(16 U.S.C.470), ED 11593 (identification and protection of historic properties), and the Archaeological and Historic PreservEaiion Act of 1974(16 LT.S.C: 469ra-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 ofassistame. 15. Will comply with the Laboratory Animal Welfare Act of 1966(P}L.89-544,as amended,7 U.S.C.2131 et s .)pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or rather activities supported by this award of assistance. 16. Will comply with die Lead-Based Paint Poisorng Prevention Act(2 U.S,Cs.4801 et seq.),which prohibits the use of lead- based paint in construction or rehabilitation of residence Structures. 17, Will cause to be performed the required fitaartcial and compliance audits in accordance with the Single Audit react Amendments of 1996 and OMB Circular No-A-133,Audits of Sissies,Local Governments,and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this prcsgTaru, SIGNATt[R6REOJt'AUTHORIZED CER°stI'Ytl`UOFFICIAL irrix � APPLte_ANTC}tlGAN A rtoN DA11SURNI T`M- MONROE COUNTY BOARD OF COUNTY COMMISSION ER , SOCIALSERVICES/IN-HOME SERVICES alalwz J MONROE COUNTY ATTORNEY t PROVED AS TO FOR JAMES M EN ASSISTANT C NTY � W t'a Jar�es[7'.Moletsaae,Esq E W : m��sa aea; Page 48 of 72 ......................... AA-2229 ATTACHMENT VH CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE CIRTS SUMMARY FOR THE AGENCY Service 1 Maximum Services to be Provided Unit Rate Units of Maximum Dollars Service Chore 11111 $ 24.00 682 $ 16,367.23 Companionship ITIR S 11.00 48 S 524.96 Escort 11113 $ 16.67 31 $ 524.96 Honiemakerl[113 S 33.20 1,489 $ 49,421.91 Personal Care TlTB S 33.20 1,489 S 49,421,91 Screening&Assessment 11113 S 26.46 61 S 1,614.78 Shopping Assistance H[B S 13.00 40 S 524.96 CunEegate Meals C I S 9.00 17,917 S 161,249.63 Congregate Meals MLTC CI $ 9,00 Con Eep-ate Meals Guest CI F$ 9.00 -- Congregate Meals Volunteer Cl S 9.00 Emergency Congregate Meals C1 $ 9.00 209 $ 1,877.66. Congregate Meals Screening Cl S 20.00 135 S 2,693.16 Nutrition Counseling C I $ 7056 30 S 2,139.86 Nutrition Education CT $ 1,02 694 $ 707.73 1 Tome Delivered Meals-Frozen C2 S 5.00 34,047 S 170,232.74 Home Delivered Meals-Hot C2 S 6.531 10,185 S 66,509.68 Emergency Shelf Horne Delivered Meals,C2 $ 6.53 415 S 2,709.63. Screening and Assessment C2 $ 26.46 213 S 5,645.07 Nutrition Counseling C2 'S 70.56 3 S 204.30 Nutrition Education C2 S 1,02 382 S 389.24. Respite Inn-dome 111E .$ 21.93 906 $ 19,876.30- Re§pj(e Facility 111E S 10.50 6,649 69,812.85. CareVver Tratm j_.Z-qTll1E- S 81.75 87 S 7,105-20_ Caregiver Trainta Ind jjjj,_ S 75.00 244 S 18,270.51 Screening&Assessment 111F, S 26.46 67 S 1,780,02. Chore IIIES $ 24,00 350 $ 8,391.51 Housing Improvement IIIHS Cost Rehab S 9,60136 Material Aid WES Cost R.-imb $ 9,601,36_ SEcialind Medical Equipment IIIES Cost Refinb $ 9,104.65 NSIP S 0.72 55,504 S 39,962.73 TOTAL S 726,265.90 Page 49 of 72 ........... .......... .......... AA-2229 ATTACHMENT VIII OLDER AMERICANS ACT CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On Submit to Alliance On This Date I January Advance* January 6 2 February Advance* January 6 3 January Expenditure Report February 6 4 February Expenditure Report March 6 5 March Expenditure Report April 6 6 April Expenditure Report May 6 7 May Expenditure Report June 6 8 June Expenditure Report July 6 9 July Expenditure Report August 6 10 August Expenditure Report September 6 11 September Expenditure Report October 6 12 October Expenditure Report November 6 13 November Expenditure Report December 6 14 December Expenditure Report January 6 15 Final Expenditure and Request for Payment February 15 16 Close Out Report February 28 Legend: Advance based on projected cash need. Note# I.- Report#1 for Advance Basis Agreements cannot be submitted to the Department of Financial Services(DFS)prior to January I 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,o f the expenditure report. Note 9 2: Report numbers 5 through 14 shall reflect an adjustment of one-tenth of the total advance amount,on each of the reports,repaying advances issued the first two months of the agreement. The adjustment shall be recorded in Part C, I of the report(ATTACHMENT IX). Note#3: Submission of expenditure reports may or may not generate a payment request, If final expenditure report reflects funds due back to the Alliance payment is to accompany the report. Page 50 of 72 AA-2 2 29 ATTACHMENT IX 80U ST FOR PAYMENT FORM 106 OLDER AMERICANS ACT t NSIP TYPE OF REPO'R'T: PR(VMrzR NAME,ADDRESS,PHQNE S FED ID NUMBER prs.•:Jer H—l: G(NiSdSCI F3fi:Y.C' P—id., Addre!, Riim9Ut"99m� �, RY9cre Pentad pro"der Tmiept,'.-: ®. RcPdFeT r.'. y'='.RYIFtCAY iC4t3, 1 hereby cariiry too iM best ofmy Mnaaiedflz that m,request carfw—x'h 4.a _-ms a-,d tl�p,ry—ut Io h c"the n1, a cvsP.Wrr... Fra.F.sred 6y: ®. O.arc. .3p—ld @Y" _ COaio-'. avoGEY SUMMARY II:B &Ct 'iilC? =Lk it"=E N: P TOTAL Ayy�errvPV }tibct.A.r Q'i 0.qb fl 6b T 0 GO:, D Ca __-_-_ ___ .___._._— DIN/ 000 a.�.cet.s t,sersrn'r� B:Ited fl.D6 4�b fl.DD. O.f}5.. 66ti 4.4! 9.p4 P=-am+K9c e fi de+up£vntzsss 6sS.rcz t7,fl9 3 fl 000 fl4C, D.Dfl fl0 - :b.Dfl Cux+er.t kith A,—NI SXH= l q.00 000 1E01 Doc] D.DO 0.OS3 O,DD less Cufrein'Wd th P3vt?6k !%,Y70 Qq 0-00 Owl OAR 604 000 Cca':r.tciad Fu,A,R€vi--d i,,kr 0, fl.Dfl O.flG fl.09.. G.Cdk D.00 D Dal9.4L PSAai!Okk I41P F-S.Rev-a O-b.X19, Page 51 of 72 AA-2229 ATTACHMENT EXHIBIT I RECEIPT'S&UNIT COST REPORT OAA 9..ubttle 114B PHflMdteER NAME pDPRE95 PHC)NE#smd FPSDt fumNo SOURCE T1419 REPORT PERM: a D?h(.1.8 jx Re�n P.--0 e paaiFG3 I 6 DAA,ll'.,C2- 4AA Ills _. _ C nlractw Q REPCM*: Q PEA#1 l 4e pray F�mc,]exvt3q it4v.Iris.ntar#ud namddy:vsi Y7Ca sysv�Iras�m.�{vs;v�d dims`F�rtrc[a eztretk P'rcCxre+t bt' 0a*e'. Apt Appcated by INCOMElREC€IPTS A. App—ed Budget 6 A�.ual Y'4vA7 C3iS.eny C. T."t Billing b.%e(App,—J tur tla'—Ia Yea+er.DaIo B'dgtit Prins Me. Yl R... FtSe[W Fundl $ _ 3 ewV GI CJ5'R PFalch IitIP,,C9..C2.IIIw) e�_��a S 3tRTOTAL C—h R - 0b 9 $ lnsaft 'Ind mach - 50C'1 _. S - 4J•iI'1 TOTALRECEIPT$ SO.M 3 S e{51'd:6t 'sip...Unit c.et R.pu.ri Uddu.ph-t�d ck..'S....d (.Al tDy (C} (M (Ei M ('3i :Al CBI rw.s Cvr'iUAC1 O'Wb're U-R .+uni E.uned 'f-T-D Y-T-tl C,r t Mi th Y-T-fA per: A+r'c .sunUunl 4inls Th's Perod Du4wL:e E limble l::WaP Clience U'J3e ^wNe.^zs If- Cos? .*yen.4 S—d'.. Rd.YID va6'S4 PYaM Yin 3 S _ MATS ffi 3 S 3 S $ 8 x S s Httildel _ Ccsst.2emb. Td9:al 5 5 S �Cm.rrt C.sn r:^.,w enema,gersec.yes r.�s Page 52 of 72 HA-2 z 29 A'I TACHIVIEN T X EXHIBIT 2 RECEIPTS AND E.kPENOTTURE REPORT NSip �PROVIDER NAME,ADDRESS,PHONE,* PROGRAM FUNDING SOU RCE.._ Gent t9 d II Car*ta�ePc-��. t] '0 0 WIP Repom pc xo p 0 0 REPORT#. �4 CERTIFICATi'`N: I tar3fv tti i':.z CmYi G my#rcwted0e and b€C P Cn3`€dv3 eepatbs sam€al is and a31 out�..ps herein e fur purprrs<ss say Ecatn kn the xmrark. Frepaed by: Dxe: - _ opprrn'a�4❑y - _ O'llel EXPENDITURE CC 'PUTA'"ON ._._.CURRENT MONTH. YEAR TO DATE -- PREVIOUS YTD UNITS CONGREGA"IE HouE iOEZ.PVEREO I C0NGREG,A-- HCQE DELU`ERE© CONGREGATE HOME DELNERED QAA F-de-f h4eals UNITS 0 0 f}. ,._- 0 C LSP FStrx+d M-1,UNITS 0 0 4 0 4 Cl FtiO Funded McWs UNPTS 0 _ 0 9 -.__._ _(F -_ -(!- 0 T.W Fug Mees UNITS _..._.0 0 0, B 4 CP Lime tl Ti—S_72-mm Per Meal so co ROT &D?DO SO.C#J KH`D Tctiat Meal% 0 f7D Teti kie,*s,.. G MTD Tat.s`Expebdd res $0,00 l'Y-rD ToUl Eapamdinures S:co CONTRACT 3uRMAkY Appf--d C-t,�ci A,,w.,, $0P0 A-jai Exp—hares fur fts Rapc t Sb.00 Too Exp-61 e>Tear W 0t U, w3.00 Ccrerira•;re 8.�1avx� ___Sq#Ta 411 CALK k.' F.utfs..R 01- 2,l9 Page 53 of 7 AA-2229 ATTACHMENT X EXHIBIT 3 PSA/PROVIDER MONTHLY MEALS REPORT PSA Number g� 1 Month of Report g Number of days served this month Total number of meals, regardless of funding source, served to: all persons 60 years of age or older and their spouses, regardless of age volunteers, regardless of age, who provider services during meal hours on a Regular basis handicapped or disabled individuals residing in housing facilities occupied primarily by elderly at which congregate teal services were provider during the month. PEE Con re ate Meals Home-Delivery Meals Total Q 0 0 TOTAL: ON 0 0 1 certify that the above information is accurate and complete to the best of my knowledge. Signature: - Title: Date PSA#11 OAA NSIP Forms,Revised October 2019 Page 54 of 72 AA-2229 ArrACH MENT B STATE OF FLORIDA DEPARTMENT OF L ER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Progra ,tFacility Name:Monroe County Board of County Commissioners,Social onric n-Home Services. County: + Address R H I Completed By k City,State,Zip Cade Date IZITIZITelephone PART I, READ THE INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION LI H ILLY. IN THE COMPLETION THIS . 1. Briefly describe the geographic area served by the program/facillty and the type of service provl d: 2. PGPt itA�fl0N i3F AR SERV D &.=,f d : cr e a S p nip °l4Ather ff-.F,,f,le 1 STAFF CURRENTLY EMPLOYED, Effective date: T�stal �a 4Uhite �/�Bieck �!®Hispanic �/a�ittaer %a Fema � Casabd A. CLIENTS CURRENTLY ENROLLEE)OR REGISTERED Effective date: Iota °fn vVf it 0%.Black % nic %Other 11 Ferrta S. ADVISORY OR GOVERNING BOARD,IF APPLICABLE. 'het l# $do i %Black 4%Hispanic %Calher %Oisalated PARTIL USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS R GU I G MORE SPACE. 5. Is an Assurance of Compliance on file with DGEA? If NA or NO, explain. NA YES -NO 7. Compare the staff composition to, the population. Is staff representative of the population?If NIA or NO,explain. Nit YES k4o B, Are elirgibitity requirements for services applied to clients and applicants without regard to NA YES 0 race,color,national origin, sex, age, religion or disability? If car NO,explain. EI Page SS of 72 A4-2 22 g. Are all benefits„ services and facilities available to applicants and participants in an ally effective manner regardless of race.sex, lor,age,.national origin,religion or disability? NA_Y' + _If NA or NO,explain. 10.For in- bent services,are roans assignments made without regard to race,color, national origin or disability? NA YES—NO— If NA or NO,explain. 11. Is the prograrnffacdi accessible to non-English speaking clients?If NA or NO,explain. 12, Are employees,applic partite an foam eir protection against discrimination?an If yes,how? Verbal WAritten Faster 0 If NA or NO,explain, 13. Give the number and current status of any discrirninatror complaints regarding service or employment filed against the programlfacility. 14. Is the prograrr cility physically accessible to mobility, hearing, and sight-impaired' individuals? f~A Q.— If NA ear Nth,explain. PA III. THE FOLLOWING QUESTI S APPLY TO PROGRAMS FACILrTIES WITH 15OR MORE EMPLOYFES 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 establlsh grievance procedure that inoorporates due process in the resolution of complaints?YF �too_If NO,explain.. Page S6 of 72 -2229 17. Hasa person been designated to coordinate Section 504 compliance activitl s?YESJ N0-If NO,explain. 1S. Do recrui ment and notification materials advise applicants, employees and participants of nondiscrin1nafion on the basis of disability?If NO,explain. 19. Are auxiliary aids a fable to assure accessibility of services to hearing and sight impaired Individuals?YES®NfC_,.If NO,explain, PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000 OR MORE, 20. Da you have a written affirmative action plan? YES � NO-_- If NO,explain. i lllanca ICE ONLY Reviewed By In Compliance: YES lid' Program Office Notice of CarrecOve Action Sent ®I t� Date y Telephone Response Due ?'—j— fin-Site 0 Desk Review 0 Response Deceived Page 57 of 72 AA-2229 INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST I, describe the geographic service area such as a district, county, city or other locality. If the programifacility serves a specific target population such as adolescents,describe the target population. Also,dune the type of service provided. 2, Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce„ libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other"races include Asian/Pacific Islanders and American Indian/Alaskan datives.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability.Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race,sex,and disability.If there is no advisory or governing board,leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80, This is usually a standard part of the contract language for DO EA recipients and their sub-grantees,45 CFI 90.4(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 prograrnlfacility 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 903(b)(6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on-site record analysis of persons who applied but were denied services or employment,45 CFR 80.3 (a)and 45 CFR W 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..,withoutregard to race,color, Page 58 of 72 AA-2229 national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color,national origin,or disability,45 CFR 80.3(a). 12. The program/facility and all services moist be accessible to participants and applicants,including these persons who may not speak English.In geographic areas where a significant population of non-English speaking people live, program, accessibility may include the employment of bilingual staff. In other areas,it is sufficient to have a policy or plan for service„such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services,45 CFR 80.3(a). 13. Programs/facilities must make information regard rig the nondiscriminatory provisions of Title V1 available to their participants, berieficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either Ilse Florida Department of Elder Affairs or the U.S.Department of F-HS. The information may be supplied verbally or in writing to every individual,or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility,45 CFR 80,6(d). 14.. Report number of discrimination complaints filed against the program facility.Indicate the basis,e.g., race,color,creed, sex,age,national origin,disability,retaliation;the issues involved,e.g.;services or employment, placcmcnt, 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 pregrarn/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 doer 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 fret of 1973 requires that a recipient of federal financial assistance conduct a self-evaluation to identify any accessibility barriers. Self-evaluation is a four step process: J 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 mast 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, Page 59 of 7 AA-2.229 newspaper ads„and other appropriate written communication,45 CFR 84.8(a), 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensoty,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. Programs1facilities with 50 or more employees and S50„000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordancewith Executive Order 11246,41 CFR 60 and Title VI of the Civil Rights Act of 1964„as amended. Page 60 of 72 _2229 ` A 7• ELDER FFA $'C:'1'i f OF F i.#N I I iA BACKGROUNDS CREENING Attestation Compliance -Employer 1Jq HOM i'Y,This form Is required annually of all employers to comply with the-� attestation requirements sat forth in section 435.ti ( ),Florida statutes. v The term 'employer" means any person or entity required by taw to canducl background scrtaenlrags,including heat not limited to,.,Area Agencies on Aging1AQmg and Disability Res dre Centers, Lead Agencies, and Service Providers that contract directly or indifecily with the Department of Eider Affairs(DOEA),and arty other person or onfa'ty which hires employees or has volunteers to service who rneat the definition of a direct service provider.Sea§§435,09, 430,04 2,Fla,Slat. A direct setvacs provider is 'a parson 18 years of age or older who,pursuant to a program to provide serviGa9 to the elderly. has direct, face-to-face contact with a cJlent while providing services to the client and has acee59 to the client's living area,funds, personal property,or personal identification inforreation as defined In s. 917. & The tmin includes corvrdinatols, managers,and supervisors of residential facilities and volunteers.®§430.0462(l)(b),Fta,Slat. 1f g` _ - : As the duly authorized representative of EMPJny131 Mersa located at SP viAd'dmm coy Slate TtF 1, do hereby affirm under penalty of M.te+zar cJFt �rdtaPraa perjury that the above named employer is in compliance with the provisions of Chapter 4 and ss 3CJ:fJ4t)r,Florida Statutes,regarding level 2 background screening. .. 1"69 20v Signatufa of Representative bate _.a.... u_. r Li T' ATTORNEY DQLd,Famd 235,APt99P6tdm o C4mAfierree,Empr y ,,t 1fw.1iv Janra,wy 19,2e2r s-" - ' ROVED AS TO FORM _ r�.S.�rrras�v&Qi15G1�sP:�a�lrraaaers rJ�e�-ate, sac�a,^rJ en .':_.ntJm > Paige 61 of 72 JAG E ENAAR ASSISTANT CO NTY ATTORNEY James O.Mona,,Esq. AA-222.9 ATTACHMENT T F Alliance for Aging,Inc. Business Associate Agreement This Business Associate Agreement is dated t 0 2,1 ,by the Alli$nec for Aging,Inc.("Covered Entity") and Monroe County Board of County Commissioners,Social Serviceslln-flome Scryices,("Business Associate"),a not- for-profit Florida corporation. 1.0 Background. 1.1 Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the use of Protected Health Information(PHI). 1.2 Covered Entity recognizes the requirements of the health Insurance portability and Accountability Act of 1996 (HIPAA)and has indicated its intent to comply in the County's Policies and Procedures. 1.3 HIPAA regulations establish specific conditions on when and how covered entities may share information with Providers who perform functions for the Covered Entity. 1.4 IIIPAA requires the Covered Entity and the Business Associate to enter into a contract or agreement containing specific requirements to protect the confidentiality and security of patients'PHI,as set forth in,but not limited to the Code of Federal Reg<tlations(C.F.R.),spcciticaliy 45 CI K §§ 164,502(e), 164.504(c), 164.308(b),and 164.314(a- b)(2010)(as may apply)and contained in this agreement. 15 The Ilealth Information Technology for Economic and Clinical Health Act (2009), the American Recovery and Reinvestment Act(2009)and Part I--Improved Privacy Provisions and Security provisions located at42 United States Code(U.S.C.)§§ 17931 and 17934(2010)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, l 64.310,164.312,and 164.316(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. The parties therefore agree as follows: 2.0 Definitions. For purposes of this agreement,the following definitions apply: 2.1 Access. The ability or the means necessary to read,write,modify,or communicatc data!intormation 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(0111)and to manage the conduct of the covered entity's workforce in relation to the:protection of that information. 23 A _ The American Recovery and Reinvestment Act(2009) 2.4 Authentication. The corroboration that a person is the one claimed. 2.5 Availability. The property that data or information is accessible and useable upon demand by an authorized person. 2.6 Breach. The unauthorized acquisition,access,use,or disclosure-of PHI which compromises the security or privacy of such information. 2.7 Compromises the Security. Posing a significant risk of financial,reputational,or other harm to individuals. 2.8 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons or processes, Page 62 of 7 AA-2229 2.9 Electronic Protected health Information(ePIII). Health information as specified in 45 CFR.§160.103(1)(i)or (1)(ii),limited to the information created or received by Business associate from oron behalf of Covered Entity. 2.10 HITECH.The Health Information Technology for Economic and Clinical Health Act(2009) 2.11 Information System. An interconnected set of information resources under the sarne direct management control that shares common functionality. A system normally includes hardware,software,information,data,applications, communications„and people. 2.12 Integrity. The property that data or information have not been altered or destroyed in our unauthorized manner. 2.13 Malicious software Software,for example,a virus,designed to damage or disrupts a system. 2.14 Part I. Part I-- Improved Privacy Provisions and Security provisions located at 42 Ignited States Code(t;T.S.C.)§§ 17931 and 17934(2010), 2.15 Password. Confidential authentication information cormposed of a string of characters. 2.16 Physical Safeguards, The physical measures„ policies, and procedures to protect a covered entity's electronic information systems and related buildings and equipment, from natural and environmental hazards, and unauthorized intrusion. 2.17 Privacy Rule. The Standards for Privacy of Individually Identifiable health Information at 45 CFR Part 160 and Part 164,subparts A and E. 2.19 Protected health Information (PHI). Health information as defined in 45 CFR §160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity, 2.19 Required By Law.Has the saute meaning as the term"required by lave"in 45 CFR§ 164.103. 2.20 Secretary.The Secretary of the Department of Health and Human Services or his or her designee. 2.21 Security incident_The attempted or successful unauthorized access, use,disclosure,modification,or destruction of information or interference with system operations in an information system,. 2.22 Security or Security,measures.All of the administrative,physical„ and technical safeguards in an information systern. 2.23 Security Rule.The Security Standards for the protection of Electronic protected Health Information at 45 CFR part 164,subpart C,and amendments thereto. 2.24 "Technical Safeguards.The technology and the policy and procedures for its use that protect electronic protected health information and control access to it. 2.25 Unsecured PHI, Protected health information that is not secured through the use of technology or methodology specified by the Secretary in guidance issued under42 U.S.C.section 17932(h)(2). 2.26 All other terms used,but not otherwise del-med,in this Agreement shall have the same meaning as those terms in the Privacy Rule. 3.0.Obligations and Activities of Business Associate.. 3A Business Associate agrees to not use or disclose PHI other than as pennitted or required by this agreement or as Required by Law. Page 63 of 7 AA-2229 3.2 Business Associate agrees to: (a) Implement policies and procedures to prevent, detect, contain and correct Security violations in accordance with 45 CFR§ 164.306; (b) Prevent use or disclosure of the PHI other than as provided for by this Agreement or as required by law; (c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that the Business Associate creates,receives,maintains,or transmits on behalf of the Covered Entity;and (d) Comply with the Security Rule requirements including the Administrative Safeguards, Physical Safeguards, Technical Safeguards,and policies and procedures and documentation requirements set forth in 45 CFR S§ 164.308,164.310, 164.312,and 164.316. 3.3 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 3.4 Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware,This includes any requests for inspection,copying or amendment of such information and including any security incident involving P1II. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any individual whose unsecured PIII has been, or is reasonably believed by the Business Associate to have been,accessed,acquired,or disclosed during such security breach;and (b) All information required for the Notice to the Secretwy of l-HS of Brerach of bfnsecured Protected f-fealth Information. 3.6 Business Associate agrrees to ensure that any agent,including a subcontractor,to whom it provides PHI received from,or created or received by Business Associate on behalf of Covered Entity,agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. M If Business Associate has PHI in a Designated Record Set: (a) Business Associate agrees to provide access;at the request of Covered Entity during regular business hours,to PHI in a Designated Record Set,to Covered Entity or,as directed by Covered Entity,to an individual in order to meet the requirements under 45 CFR§164.524;and (b) Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR y 164.526 at the request of Covered Entity or an Individual. within 10 business days of receiving the request, 3.8 Business Associate agrees to make internal practices, books, and records,including policies and procedures and PHI,relating to the use and disclosure of PHI received from,or created or received by Business Associate on behalf of Covered Entity,available to the Covered Entity or to the Secretary upon request of either party for purposes of determining Covered Entity's compliance with the Privacy Rule. 3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI lit accordance with 45 CFR§ 164.528. 3.10 Business Associate agrees to provide to Covered Entity or an individual, upon request, information collected to hermit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR§ 164,528 and Al2RA§ 13404. 3.11 Business Associate specifically agrees to use security treasures that reasonably and appropriately protect the confidentiality,integrity,and availability of PHI in electronic or any other forth,that it creates,receives,maintains, or transmits on behalf ofthe Covered Entity. Rage 64 of 72 AA-2 22 3.12 Business Associate agrees to implement security measures to secure passwords used to access ePHI that it accesses, maintains, or transmits as part of this Agreement from malicious software and other man-trade and natural vulnerabilities to assure the availability,integrity,and confidentiality of such information. 3,13 Business Associateagrec.to implement security measures to safeguard ePHI that it accesses,maintains,or transmits as part of this agreement from malicious software and other than-made and natural vulnerabilities to assure the availability,integrity,and confidentiality of such information. 3.14 Business Associate agrees to comply title, (a) ARRA§ 13404(Application of Knowledge Elements Associated with Contracts), (b) ARRA§ 13405(Restrictions on Certain Disclosures and Sales of Health Information);and (c) ARRA§ 13406(Conditions on Certain Contacts as Part of Health Care()peratious). 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 Pill to perform functions,activities,or services for,or on behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Cowered Entity. 5.0 Specific Use and Disclosure Provisions. 5.1 Except as otherwise limited in this agreement or any related agreement,Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 5.2 Except as otherwise limited in this agreement or any related agreement,Business Associate may disclose PHI for the proper management and administration of the Business Associate,provided that disclosures are Required By Law,or Business Associate obtains reasonable assurances from the person to thorn the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person,and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 5.3 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR §164.504(e)(2)(i)(B),only when specifically authorized by Covered Entity, 5.4 Business Associate may use PHI to report violations of law to appropriate Federal and State authorities,consistent with 45 CFR§164,5©20)(1). 6.0 Obligations of Covered.Entity. 6A Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR§164.520,to the extent that such limitation may affect Business Associate's use or disclosure of Pill, by providing a copy of the most current Notice of Privacy Practices (NPP) to Business Associate, future Notices and/or modifications to the NPII shall be posted on Covered Entity's website at }w. 11i all ce oragirigca;'.• 6.2 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of that Covered Entity has agreed to in accordance with 45 CFR § 164,522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. 7.0 Permissible Requests by Covered Entity. Except for data aggregation or management and adrninictrative activities of Business Associate,Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. Page 65 of 7 -2229 &0 Effective Irate and Termination. 8.1 The Parties hereby three that this agreement amends,restates and replaces any other Business Associate Agreement currently in effect between Covered Entity and Business Associate and that the provisions of this agreement shall be effective as follows: (a) These Business Associate Agreement provisions„with the exception of the electronic security provisions and the provisions mandated by AR A,HITECH and Part I shall be effective upon the later of April 14,2003,or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI; (b) The electronic security provisions hereof shall he effective the late of April 21,2005 or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI; and (c) Provisions hereof mandated by ARRA,HITECHI and/or Part I shall be effective the later of February 17,2010 or the effective elate of the earliest contract entered into between covered entity and business associate that involves the use of PHI or ePHI.. 8.2 Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate,Covered Entity shall either (a) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (b) Immediately terminate;this agreement if Business Associate has breached a material terra of this Agreement and cure is not possible;or (c) If neither termination nor cure is feasible,Covered Ltttity shall report the violation to the SecretarY. 83 Effect of Termination. Except as provided in subparagraph(b)of this section,upon termination of this agreement, for any reason,Business Associate shall return all PHI and ePHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. (a) This provision shall apply to PHI and ePHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI and ePHI, (b) In the evert that Business Associate or Covered Entity determines that returning the PHI or ePIII is infeasible, notification of the conditions that make return.ofP-I1 or cPHI infeasible shall be provided to tire other party, Business Associate shall extend the protections of this Agreement to such retained PHI and ePHI and limit further uses and disclosures of such retained PHI and ePHI,fora rnininnura of six years and so long as Business Associate maintains such PHI and ePHI,but no less than six(6)years after the teraaaination of this agreement, 9.O Regulatory References. A reference in this agreement to a section in the Privacy Rule or Security Rule paeans the section then in effect or as may be amended in the future. 10,0 Amendment, The Parties agree to take such action as is necessary to amend this agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule, the;Security Rule and the Health Insurance Portability and Accountability Act of 1996,Pub.L.No. 104-191. 11,0 Survival. Any term,condition,covenant or obligation which requires performance by either party hereto subsequent to the termination of this agreement shall remain enforceable against such party subsequent to such termination. 12.0 Interpretation. Any ambiguity in this agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and Security Rules Page 66 of 7 &A_222 130 Incorporation by reference, Afly frrttire ncw r tut a€:feast�), hang=s r z tl tUtic r( ) na:ted in fedt!ral law which create nc-au Or diffleTC(it Dhlipdtionv with reipeel to litl'AA privacy artelor security,s:all be uutornat tally incoipoeatc-d by reference to Ibis Bughiess A&Sociaw Agreeniew on the w*pucrve crf"jivc test Asa. 1U1 Notices. All notices and coat€utiarcations mquired, accessary or desired to be given parse tni to this apeernent, istoluding a cb"ge of addrass for teUtposrs of stash noticus and rorrinfunications„shall he in Writing and delivered personally to the other parry or sent by eK rc,;s 24•hcur guarartreedd courier or delivery site,or by certifired mail,eat the!United Stags Postal Sty k� c,y oslagc prr aid and,rel•,san r;:Cuigt ruoucsted,&-ldrr s cd to the other parriy as follows (or to Wuh other peso as any party may byrrmce to the Others specify) To cu),ur°ed)entity. Al iamt,o I ar Agnes:,Inc. Rotl'[nan 7Et3N%V l?l?Avenue Mimi,it'orkla 33172 TO Bo i;l° 5 As;socicle: tlitanroe G multt!l vti,d ofC'rt;.trig=Corrirni ;itatiars,Socitl Syr ices+`ln-tluetc lscrv'ic�,s 1100 Knionr€n Street,211u Flrtor Key Wost,EL 33040 Ary°suert notiQe shall tree goied J W Ii vMr l zpv t Os°oral rcu apt tt arty.rajtit. ra ticut he.l tioc r,tt er dots ciy tltotecs¢r,€eft jai, dc?ivc y sell l c dccrsrcd era h aaa;tsccurrcrl r n Hie bats such delwery was a°tera pted. 150 os,rrningr l;aw. TIle:laws or the St ite of Flcanda,without ti ing ci't a:t to prioc epic°,of CollPliv,of laws, %Grn Olt rii.atterx snsin( tandt�r this a °Urnnt. I6,G) Severabilim Ir ally lixvision ill tris agrvonlrm is u.eafi t;cahk its dry cmml, the turtraindrr of this a rcerneni. or app.icalio t of that rinivision to any pur%nnr nr tit°c;:astarioe[;o6w tiinti 01me m€o Wnicl,it is held urimfurceahle,will not hs affected by that a ocilbi-Qrabilily and will be anfsirzv-a'.�ik tty the fillcst cx!i.-nt perrnJgcd by law. l 7 0 successors Arty micces9or to Associate lwlsr her b, tlircd tit uidinct of by jtikchave,m„rger,cnnA«irctat=on, ut°uthef-Wisal is rr tttiirral tea assursic Business As-itmate's t bhg'a:tions tnrdit this agreamunt and agree to perlvtar ti et7t irr the snme rivartmer and to the sarrt=vr xterit that Bmirtess Asst ciaie would li€ive heen rcquim l lea i°th a succnsion hid not tjken pla-�C, "l cis s&,,tumphurt by the 4ucccssnr of the l"trrttir c,� dessocimc's crhligatipr,y aliall be by written stfttm•ifim satisfactory to C.'c vaned l._ntity. 1 g.tJ Entire Agrmrtent. This agToetnerit constitutes the er.ti-u tgicemoltof the pail.ws eclatns g to th,,;sabicct rraii r of€:ais agxeumett:and suptiscdes all other oral or wri;iet agr rnur°tt,or politics rulatiag thcrut of€that this ag;eet<s rrt sloes not limit the amendment oftiais agreeinent in Oceordartce with sectim lU.t),aftltss sgx�eit ill. Covered ered Entity Alliance For Aging,lim y Dec 8,2021 __ G7atc: (sigrtatttr��y itsltic-m Assaelale.-Vonm.Court .&art!of Co anty Coin in I siioners,Social Ser-r{cr-0n-,H arise:Sera'lces (signri€tifc) ai MONROE C UNT`Y A TORNE"Y 3 i try PPRO VED AS TO FORM X 11 SIGNED BY: NAME: David Rice Page 67 of 72 t �AMES M ENE ' AR TITLE: MAYOR ASSiSTA T NTY ATTORNEY ,dR 6 FA;e roab+mw t�aC DATE: AA-2229 ATTACHMENT G Alliance for Aging,Inc. Aging and Disability Resource CenterfElder Helpline AGING AND DISABILITY SOURCE CENTER(ADRC) —OUTSUL'R ED FUNCTIONS NS I. If applicable, the provider agrees to the following: A. Perform ADRC outsourced functions itr accordance with the Alliance's policies and procedures. i. Policies and Procedures for Outsourced Fruiction-Screening ii. Policies and Procedures for Outsourced Function-Triage iii. Policies and Procedures for Activation from 'aitlist-Client Services iv. Policies and.Procedures for Termination frorn Waitlist-Client Services B. Maintain wait lists in CARTS in accordance with DOER requirements. C. Adhere to prioritization and targeting policy as set.forth in the Handbook, as applicable, D. Ensure the Provider's Disaster flan reflects ADRC Outsourced Functions, annually or as needed to incorporate ADRC outsourced functions. E. Ensure against conflicts of interest and inappropriate self-referrals by referring consumers in need of options counseling or long-terra care services beyond the provider's scope of set-vices 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 duality,and are responsive and appropriate to the assessed needs, The Assessed Priority Consumer List(A.PCL) is maintained when services funded by the department are not available. Contracted Providers of registered services for Local Services.Program (LSP) and alder Americans Act (OAA) must maintain waiting lists in the C RTS database for registered services when funding is not available. Page 68 of 7 AA-2229 Alliance for Aging,, Inc. Aging and Disability Resource CenterfElder Helpl ne 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 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 Provides'the information from the 701B can be utilized. 2. The Provider will determine the services needed and the appropriate funding source(s) that provides the needed services. If the caller is in need of a sem ices)that is not provided by the Provider,the Provider will refer caller to the ADRC Elder Helpline,as well as,to ether contracted Providers and community organizations. 3. The caller will be provided with general information regarding the ADRC as well as the ADRC Elder llelpline 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. 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. Page 69 of 72 AA.-2229 Alliance for Aging,Inc. Aging and Disability Resource CenteriElder Helpline Policy and Procedure for Outsourced function-Triage Creation Hate: 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 obtaming DOEA funded services as funding becomes available,based on level of need as determined by a CIRTS priority score. Procedure, I. The Provider wilt conduct annual reassessments based on DOEA Wait List Reassessment Standards. 2. if there is no current 701 A or B in CIRTS, the Provider will conduct the annual reassessment(701s) as appropriate. Based on the information provided via the 70I S/A(13) 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 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 steed of a service(s)that is not provided by the Provider, the Provider will refer caller to the A RC Elder Helplinc, 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 andlor have been removed from the wait list for. 5. The Provider will remind client of the AD RC Elder Help Line contact number and to contact the ADR'C Elder IEelp 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. Page 70 of 72 AA--2 2 2 Alliance for Aging,,Inc. Aging and Disability Resource CenterfElder I-Ielptine Policy and Procedure for Activation from Walt Iyist—Clients/Services Creation Date: March 5,2008 Revision Date: October 2019 Review Date: October 201.9 Objective.. To ensure that elders in need of DOEA funded services in Miarni-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: l. The Provider will activate clients on CIRTS wait list based on DOEA prioritization Polices and funding availability. 2. `I''he Provider will update CIRTS status by furiding source and service for any services being activated for the client using appropriate CIRTS codes. 3. Client may be left on wait list of a different funding source than the one being activated if 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. 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. 6. The Provider will inform client to contact the ADRC Elder I lelpline if they have any questions or concerns regarding the status of any of their services. Page 7'1 of 72 AA-2229 Alliance for Aging,Inc. Aging and Disability Resource aCenter/Flder flelpliue Policy and Procedure for Termination from Wait mist—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 deed of elder services in.Miami-Dade and Monroe Counties with the assistance of the ADRC Contracted Providers. Procedure: T. The Provider will re-screen clients which the Provider initially placed on the CIRTS wait list for services erased on DOEA Reassessment Standards, 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 of the client is no longer in need(or eligible)for any of the services they were wart-listed for. 4. The Provider will terminate the client frorn the wait list (entirely or by specific service) using the appropriate CIRTS termination code For any services or funding source for which the client is determined to no longer be eligible for or no longer in need of. 5. 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 the Handbook as applicable. Page 72 of 72 Monroe AA-2229 - Provider Signed Final Audit Report 2021-12-08 Created: 2021-12-08 By: Stan Mcneese(mcneeses@allianceforaging.org) Status: Signed Transaction ID: CBJCHBCAABAAOMOelsdWrdktOACLFIfDivPN5HM21xdu "Monroe AA-2 2 - Provider Signed" history Document created by Stan Mcneese(mcneeses allianceforaging.org) 2021-12-08-8:55:22 PM GMT-IP address:52.201.156.234 Document emailed to Max B. Rothman(rothmanmallianceforaging.org)for signature 2021-12-08-8:57:28 PM GMT Email viewed by Max B. Rothman(rothmanm@allianceforaging.o'rg) 2021-12-08-8:58:52 PM GMT-IP address:76.109.240.37 Document e-signed by Max B. Rothman(rothmanm@allianceforaging.org) Signature Date:2021-12-08-8:59:33 PM GMT-Time Source:server-IP address:76.109.240.37 49 Agreement completed. 2021-12-08-8:59:33 PM GMT Adobe Sign