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01/18/2023 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: February 14, 2023 TO: Sheryl Graham, Director Social Services ATTN: Lourdes Francis, Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: January 18th BOCC Meeting The following item has been added to the record: C29 Standard Grant Contract No. AA-2329 under the Older Americans Act between the Alliance for Aging, Inc. and the Monroe County/Monroe County Social Services/In-Home Services and Nutrition Programs for the contract period of January 1, 2023 December 31, 2023, in the amount of$741,663.26. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AA­2 3 2 9 ALLIANCE FOR AGING,INC. STANDARD CONTRACT OLDER AMERICANS ACT THIS CONTRACT is entered into between the Attiance for Aging, Inc,, hereinafter referred to as dw "Alliance," and Monroe County Board of County Commimloners, Social ScrviccOln-Home Services, hereinafter mf4rM to as the, "ProvWe', W, collectively referred to as the "Parties."' The term contractor for this,purpm may designate,a vendor,sub-grantee or sub-recipient, Clue status to be further identified in ATTACH r M ENT 11, Ex h i�b it-2 as necessary WITNESSETH THAT: WHEREAS,the Allisn"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 failhrully perform such services as an, independent contractor orthe Alliance. NOW THEREFORE,in consideration of the servicts,to be performed and payments to be made,together with the,mutual covenants and conditions hereinafler set froth,,the Parties agree as follows: 1. Purpose of Contract The purpose:ofthis conlract is to provWe services un accordance with the terms and conditions sppci fied in this contract including all attachments and exhibits,which constitute the contract docur"cro, De'llinittuns A,DL—Activities of DaiJy Living APS—Adult Protective Services ALGA—Americans,with Disabilities,Act Alliance—;Area Agency on Aging AP I; —Assessed Priority Consumer List CIRTS—Client Info mation and Registration Tracking System DO EA—Department of l der A ffa i,rs(The Npart ment) KR—information and Referral IADL—InstrumentalActivities or Daily Living MOA—Memorandum of Agreement MOU—Memorandum of Understanding WSIP­Nutritional Services Incentive Program CAA—Older Americans Act PSAs—Planning and Scrvicc Areas,corresponding to Miami-Cadc and Monroe CounticF, SPA—Service Provider Application ()S DA—Unitcd States N partm ent of Agr icu Iturc 3. Incorporation of Documents within the Contract This contract incorporates by reference attachments,proposal(j),Provider's Scrvkz Provider Application,,and the current DOEA Programs and Services Handbook(the"HmdboWj, Any and all coritracts or agreements executed between the Provider and the Alliance during the eMctivc period,of this contract shall be govenned in accordance with the applicable laws and statutes. 4. Term ofContract This contract shall begin on January 1,20,13 Won the date an which the contract has been signed Iby the W party required to sign it, whichever is later. It Shall end at midnight, Imal lime in Miami, Plorida. on December 31, 2023, unless renewed or extended,as provided herein. Contract Amount The Ahiance agrees to pay f6r contracted services according to the terms and conditions of this contract in an amount not to exceed§711,§UO; subject to the availability of fUnds. Any costs or services paid for under any other conhict or from any other source are not eligible for payment under this contract. Page 1 of 67 AA-232,9 Renewalls By mutual, agreement of the,parties, the Alliance may renew the contract for rive additional orie-year perWs. Contingent upon satisfactory performance evaluations by the Alliance and the availability of'hinds. Any renewal is subject to the same terms as the original contract,and any amendmemswith the exception of establishing=,it rates which is described further in this sectieo,, The original contractual unit rates are set forth ;in she bid proposal and reply. Requosts to mnogotiato the origi;W contractual estalAished rates are.provided'for in the:Alliance"s approved Rciraburmuent Rate Review Policy,which is hicorporated by reference. This contract maybe extended,up-an mutual,agreement for one extensiori period not to exceed six,months to ensure continufty of service, Services provided under this"tension will be paid,for out of the succeeding agreement amount, 7. Compliance with Federal Law T 1 This contract contains federal funds, The following,shall apply: Tll.lM The Provider shall coraply with the pirovisions of 4.5 CFR 74 and,�Ioir 45 CFR 92,, and other applicable regulations, 7.1,2 If this contract contains fedetat Nn,& ;and is over $100,0100,00, the Provider shall comply wMi all applicable standards,orders, or regulations issued under s. 306 of the Clean Air,Act as amended (42 U&C, 7401,el,seq.),s. $08 of the Federal Water Pollution Control A4 as amended (33 U,$.C. 125 1,wet seqj, Executive Order 11738, as amended,and where applicable Environmental Protection Agency regulations 40,CFR 30. The Provider shall report any violations of the above,(a the Alliance, T1 3w The Provider, or agent acting for the Provider, may not use any, 64cra.1 funds received in connection with, this contract to influence legislation or appropriatibris pending before the Congress or any State legislature. The Provider must complete all disclosure fonns as required,sped fically the Certification of Assurances Attachment,which must be completed and returned with this signed contrut. TI A, In accordance with Appendix A to 2 CFR 2,15, the Provider shall comply with Executive Order 11246,, Equal, Employment Opportunity,as amendedby Executive!Order 11375 and others,and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if apiptizablit,. T 15, 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 12699, "Debarment and Suspension.', ne Excluded Parties List System contains the names of parties debarred,stiispended,or otherwise excluded by agencies, as wel I as parties,declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Provider shall emply with these provisions before doing business or entering into subcontracts receiving ledcra] funds pursuant to this oontmct. The Provider shall complete and sign the Certification and Assurances Auathmcnt prior to execution of this contract. 7.2. The Provider,shall pot employ an unauthorized ahca, The AlItianve shall consider the employment of unauthorized aliens a violation of the Immigration and Natiortalky Act(8 U.S.C. 1324 a)and the Immigration Reform aannadl Control Act of 1986 (8 USX, 1101), Such violarion shall,be cause for unilate4l cancellation of this contract by the Alliance. 7.3. 1 fthe Provider is a ruin-prorit provider and is subject to Internal Revenue Service(IRS)tax exempt organization reporting requirements(fi ling a Form 990 or'Fomi 990wN)and has its tax exempt status revoked for failing to comply with the filing requirements of the 2006 pension Protecticm Act or for any other reason.,the Provider must noti the Alliance in writing within thirty(30)days of receiving the IRS nDtice of revocation. 74. The Provider shall comply with,Title 2 CFR Part 175 regarding Trafficking in Persons, 7.5. Unlessexcnipt under 2 CFR Part 170,110(b),the Provider shal I comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170. 7,& To comply with Presidential Executive Order 12999 and Slate of Florida Executive Order Number I 1-116, Provider agrees to utilize the U.S, Department of Hlom cland: Security's E-veri fy system to verily the ern ployment of a]I new employees hired by, Provider during the contract term. Provider shall include in related subcontracts a requirement that subcontractors and/or vendors perforiming work or providing servicaspar=nt to the state contract utilize the E-verify Page 2 of 67 AA-2329 system to verify employment of all new crnployees 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,he in compliance with this provision, Compliance with State Law 8,1. This contract is executed and entered into in the State,of Florida, and shall be construed, perfonued and enforced In all respects in accordance with the Florida,law, including Florida,provisions for conflict of laws. 82 The Provider r Shat,[comply with the requirements ors.287,058, Florida Statutes ff,&')as amen6d. 82.1. The Provider shall provide units of del[veirables, including repwing, findings, and drafts, as specified in this -contract, which the Contract Manager must receive and accept in,writing prior to payment. 8,2 1 Me Provider shall compl) iN ifli the criteria and final date b� %Y11i6h SUChcriteria ITIUst be met for compleflc in oQNs contract as specified in A-VI ACI]MEN1 1, Scction I II Method ol' Pd meat. &23, The Provider shall submit Vi:l Is for fees or other compensation for services or expenses in sufficient detail for a proptr pre-aadit and post-audit. 8,14, 1 f itemized payment for'I ravel expenses is permitted in this contract, the Provider w i I I s ubm it bills for arty travel expenses in,accordance with s,. 112.E 6 1, F.S.,or at s u,6h lower rates as may be provided in this contract. 8.25, The Provider shall allow public access to all documents, papers, letters, or other public records as defined in subsection t 19,011(12), F.S., made or received by the Provider in corr unction with this contract except for,thow records which am made confidential or exempt by law, Tbc Provider's mfusal to comply with this provision shall constitute an immc&ate breach of contract for which the A]liance rney unilaterally terminate the contract. 81. 1 f clients are to be transported under this contract,the Provider steal I comply witty the provisions of Chapter 4V, r.s,,,and Rule,41.2,Florida Administrative Code C*F, A.C,'), 8.4. Subcontractors andVor vendors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisimis of s, 287.1 334, F,S,. &5. The Provider will comply with the provisions ofs. 11.062, F.S., and s, 216147, F.S,, which prohibit the expenditure of contract funds for the purpose orlobbying the legislatureJudicial branch or a state agency. &6, In accordance with Section 237,13 5 F.S,any Contractor on the Scrutinized Companies with Activities,in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Criergy Sector List, or The Scrutinized Companies that Boycott Israel List (Lists), created pursuant to, Section 215,473 VS, and 21-1,4725, F.&, 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"tion U7.13 5 F,S,,,the Alliance,may tenninate this contruo if the Provider is found to have submitted a false certification Of its 5t3toS,Dn the UsAs or has placed curt the Lists or is engaged in a boycott,of Israel or has been ertgagedin business operadDris in,Cuba or,Syria. Further, the Provider is subject to civil penalties, attomey's fees and costs and any costs for invest igati orts that, led to the Wing of false certification. The Provider shall complete and sign, the Certifications and Assurances Anachment, prior to the execution of this,contract. 9. Background Screening 91A, The Provider shall comply with and ensure svbconiractors are incomplianoe with the requirements ors. 4310,002 and Chapter 435, KS.,as amended,Ttg9rding background screening for all persons who meet the definition.of a direct service provider and who are not exempt hrom the Department's level? background screening,pursuant to s,4310,0402(2)-(3), F.S. The Provider must also comply with any applicable rules promulgatcd'by the Deparlirtiant and the Agency for Hcalth Care Administration regarding implementation,ofs,430,0402 and Chapter 435, VS, 9.2. Further information conceming the procedures for background screening is found at lAft W I , 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 I Sth. Page 3 of 67 AA-2329 M Grievance Procedures The Providcr shall comply,with and ensure subcontractor andlor vendors compliance with the Minimum Guidelines for Recipient Orievance Procedures,ApperUdriXD, OfthcHandbook, to address complaints regarding the termination, suspension or reduction ofservicos, as required for roccip't cif funds,.. 10J. Complaint Procedures The Provider shall develop and implement complaint procedures and ensuire that subcontractors, aild/orvendors develop and implement complaint procedures to process andresolvectient dissalisltacliutrn nvilil s vicy,Complaint proc-edures shall address the quality and timeliness of services, provider and,direct service worker complaints, or arty other advice related to complaints other than,tenninaltion,suspension or reduction in services that require the grievance process,as described in Appendix D,of the Harvdbook.ThecompWint procedures shall include notification to all clicnis of the complaint procedure and inulude tracking the date, natUrC Of COrnplaint,the deiienraination of each complaint,and the roilow-up with the client tea ensure satisfaction with the resolution 11. Public Rccords and 1ARtvalion I 1 1, By execution ofthis caritracL, Provider ogrecs ko all provisions of"Chapwi, 119. 1:,S,. and and, other applicabic la%wr,and sbalV l 1.1,L Keep and niaintain pkibl'iv -,kwds requircd by the Department to perrorni dw contracted scrvkes. l 1.1.2, Upon rcqucst firmit ii m A]liance or tile Dcpartnicint's ctls,tod an of'public records, provide tFc Alliance,or the Department a cr,,RYL t)f 111c rcquel�tad records or allo%N the records to 6L, inspecied or copitxl i0thin a rm orable time at as cast Jim dos ium eNceed the coo providod in Chapter 119, 1 S . or a other%%iw. provided by lai%. 1 L 1.1 E11MR-C that public records that are oxempi., or wo.11donfial and c\empt,, frmii public recordi disclosure N-RUirUMCII(S 'JYC nolt disclosed excQpt a, <rtrtln rr cd by 1,'t%% ror flic dor"aflol) or tile CoWracl lCrill and folloilig,f,ootplofiml (fl' (W vi-yWroct ill' (lie i�royldvr Llues no( tralisifcr flic records, to thc Aliiancc ar tlw Departninit. 1 1,1* Upon coitipiciluin orfl)Q coWrocl. the 111-in Ider %%ill either fi-ansrer.tit no cost (L)the Alliamweall public ixxcrds ill possessiun of tho Pravidcr. car kJ11 k-cep and rnaimaln public records rcqoinxi by thi:Dciportnicint, Ifthe llvovidcr Irav,0crs ali ptri rwords to Ibc MpaiVicilt upon completion of the conl.ract. 11mvider shall destroy an,y duplicate public I-Qcords that arvCY'Villipt, or confidmial and UNCalpt., fi'01111 pUbhc records, disclosore r(:qWrem.-nts, 11' the Provider keeps and nisinuains public records upon conipletion of Ox, contmact. tho Providcr sha4 meet all applicable rcquircllwilts for retaining PUMC records All records stored cr1wronicall) ilium, be provided to than Dalmirunctlit ill a form-at that [S 00111,pMtibie VVidl [lie h1f6vilatioll, technology ysterns of ilie Departnilent. 11.1 The A Riance nutty iltlilaLM111). Cancui this contract, tlolwithstandiiig any Offier Ipsrovkions of1his contract. I;),-reffisM by the Provider to complg N%i1h A r I ACI IMEN r i or ti,is cont[-act b-,, riat aflo dag p:iAh,lic access to,A documents-, plapol-S,lellers.or oLher riu)(011,11,niade orreevived 13 t1te Provi&r in c0l]jMICOOD w+ith thiS COMT110,U111CSS 01C ai,e L*Xcllll)L.Orcollfidefilini and c%empl, firorn s, 14(a)of Article I 0f'tile Stater C011501olion ands, i 0.07 ii). I .q, IF THE PROVIDEIR HAS QUESTIONS RWA9.01%. THE APPLICATION O� CHAVUER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLICl RECORDS RELATING TO THIS CONTRACT, CONT ACUTHIECUSTODIAN OF PUBLIC RVICORPS AP, Plui Records Coo rdinaut- Florida Department of Elder Affairs 4040 Esplanade Way, Tallahassee, Florida 32399 85,0-414-2342 Page 4 of 67 AA-2 '29 t2. Audits, Inspections,Investigations, Public Records mind Retention 12,1, The Provider shall establish and maintain looks,records and drucuamertts(incluadirwwg,electronic storage media) sufficient to reflect all assets, obligations, unobligated balances,income,interest and expenditures of funds provided by the Alliance under dais contract, Provider shall adequately sa,feguarrd all such assets and assure they are used solely for the purposes authorized under this contract, Whenever ap riate, financial information,should be related to performam,e and unit east data. 12.2, 'd,.'he Provider sha.1'1 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 trier completion of the contract or longer when required by law. In the event on 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 addit ion at cost to the Alliance. 12.3. Upon demand,at no additional coast to the A11iance,the Prov iduer will facilitate the dupl i cati on and t ra risfer 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 wdoau shall be subject at all reasonably times to inspection, rcvlew,,copying,or,audit by Federal,State,or other personnel duly authorized h'y the Alliance.. 12.5. At all reasonable times for as long as records are maintained,persons druly,author Zed by the Alliance,MEA and Federal auditors,pursuant t045 w FR Part 75,shad be allowed full access to and the right to errantirae any of the Proicontracts, 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 andcompUartice 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 deerred necessary by the office of the DOEA's Inspector General pursuantto 5.20.11 ,'F. . provider titurtlher ai that it shall[ itclawde in relined siulwcorrtrtacts aV recltuircinent that sathcrrntrawctors ar~ad°'Or• v+eriors 1wrfirrtming �sork or providing services ptostuarit to this comract egret,tucraaaperaale'w%,ith tlie,AllLuxxminspecuor Ieneral irii:any Investigation. audit„ inspection rcx is%%.or lacatriiap,purrsurarww wow s. 20,05 ui 'I. V S, ley ® Nccution of this contract the Proyidcr understands acid w i I I couw)ply %%ith wlwis aibsULti011. 13. Nondiscrinninatior-Civil Rights Compliance 13.1 The Provider shall execute assurances in AT7ACIIMENT VI that it will not discriminate against ,any person in the provision of services or benefits under this contrau,t or in employment because of agc, ram, religion, color, disability, national,origin,marital status or secs in compliance with static and Federal laww and regaalations. The Provider Further assures that all conlractors,subcontractors,vendors,sub-grantees,or others with whom it arranges,to provide services or,benefits in connection with any of its prograrns and activities are not discriminating against clients or employees because of age, nice,religion,color,disability, national origin,marital status or sex. 13.2 During the term ofrhis contract,the Provider shall complete and retain on fife a timely,complete and accurate Cavil Rights Compliance Checklist attached to this contract, 11.1 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,errtployees,and participants of the tight to file a complaint with the appropriate federal or state entity, 13A If this contract contains federal funds, these assurances are a condition of continued receipt of or bcnaeftit from fdderal financial assistance, acid 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 whore it arranges to provide services or beri to,participants or employees in connection with any of its prograin,s and activities are nat discriminating Mairist those participants or emp loyeas in violatian of the above statutes, regulations„,goiidelines, and standards. In the event,of failure to comply.the Provider understands that the , l'liaiiroe may, at its discretion,seek a Page 5 of 67 AA-2:325 court order requiring compliance with the teIrMS Of this ASSU,rance or seek other,appropriate judicial or adminktrative relief, including but not limited to,termination of and denial of further assistanee. 14. Provision arServices The Provider shall provide the services referred to in. ATTACHMENT V11 in the manner described in the Handbook and the procurement docurnients leading, to this contriwt, In the event of a conflict between the service Provider Application and this contract,the contract language prevails. 1 Monitoring by the Alliance The Provider shall permit persons duly authorized by the Alliance to inspect and oopy any records,papm,documents, fhcjfities, goods and services of the Provkler which are relevant to this contract, and to interview any clients, ernplqyces and suboontractor;'ven&r em,ployeet,of the Provider to assure the,All iance of the,satisfactory performance of the terms and condiflons of this contract. Following such review, the Atliance will deliver to the Provider a written report of its findings, and where appropriate, the Provider shall develop a Corrective Action Plan ('ICAP"). Rx Provider hereby agrees to timely correct all deficiencies ident irked in the CAP. 16. Coordinated,Monitoring with Other Agencies Irthe Provider receives fitn&,,ig from one ormore of the State of Florida human service,agencies,in,addition to Alliance funding, them a joint knorihoring visit including such of agencies may be scheduled,For the purposes of this contract,and pursuant to s, 28T0575. F. . as amended, Florida's hurnan savice agencies shall include the Department of Children ad 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 mortilors,inspectors,and/or investigators. 16.1 New Contract(s)Reporting; The,Provider shall notify theAlliante within Nett(10)days of entering into,a new contract with any other state hurnan service agencT. The notification shall include the following Information:(1)contracting state agency and tine applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5,) contract descrIption and commodity or service-,ard:(6)Contrao Manager inanie and contact information. 17. Indemnification The Provider shall indernnify, save,dercrid, 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, wising out of or by reason of the execution of this agreement or Mformance of the services provided for herein. h is understood:and agrmd 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. 111SUrgAtC kind Handing 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 state agency or subdivision as defined by subsection 768,28(;), F&, the Provider accepts, full responsibility for identifying and detenroining the type(s)and extent of liability insurance necessary to provide reasonable fmancial protections for the Provider and the clients to be served tinder this wntrad.The Alliance shall be included as an additional insured ork the providers liability imurance policy W policies and a copy of the CeMificate of Insurance shall be provided annually,or when any changes occur, The timits,of coverage 'under each policy maintained by Lhe Providerdo not limit the ?rovider's liability and obligations, tinder 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. SLt&h coverage may be;provided by,a sell`-instrrance program established and operating Wider the, laws of the State of Florida, The Alliance reserves the right to require additional inswrance,as specified in this contract- 18.2 Throughout the term of this agreement, ther Provider shalt 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 coritracts incorporating this contract by reference in an amount commensurate with the funds handled,the degree of riskas,determined by the,insurance company and consistent with good business practices. Page 6 of 67 - 329 19. Confidentiality of Information The Provider shall not use or disclosc any information concerning a recipient of services under this contract for any purpose prohibited,by state or federal law or regulations except with the wwritfen consent of person legally authorized to give that consent or when authorized by low, 0* Health fnsuraanve Portability and Accountability Act ftere applicable,the provider shall comply with the Health Insurance Portability and Accountability Act(42 USC I3 tld:,�, as well,as ail regulations promulgated th under(45 CFR 160, 162,and 164). 21. Incident Reporting 21.1 The Provider shall naa'tify the Alliance irnrraediately but no later-than forty-eight(49)hmns, from the Provider's awareness ,or discovery uf`cuataut`rtwoans that rruaiy materially affect the Provider's, subcontractor's or vendor's ability too pea fru;rrn the ser+viees required to be performed under, any, contract. Such nolicc shall be made orally to the Contract Manager (by telephone)with an email to immediately followw. 1 The Providershal'l immediately report knowledge or reasonable suspicion ofabaatse,neglect,or exploitation of'a child,aged person,or disabled adult to the;Florida,Abvsc HoOne on the slatewwide toll-free telepho ac 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. 22. Bankruptcy Notification lf, 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; ( ) the ease number„ ( ) the court name and the division in-which the petition was filed( ...g-,Northern District of Florida,Tallahassm and,(4)the name,,aaddr s,and telephone number of the bare ruptcy attorney. 1 Spoitsorship and Publicity 23,1 As required by s. 286. 5, F.S, ifthe Proviider is a non-governmental organizallon which sponsors to program Financed wholly or in part by state fuands, including any,funds obtained through'this contract,it shall" in publicizing,advertising,or describing the sponsorship of the program, state: "Sponsored by (Proviade.r's-name), the State of Florida,Department of' Elder Affairs ,nand the Alliance for Aging, Inc." if the,sponsorrship reference is in written material,the words "State oaf"' Fiori do, Department of Elder Affairs"and"Alliance for Agluttg,Inc," shall appear in at least the same sire letters or type as the name of the organization. 212 The Provider shall not use the woods"The,State of Fl da Department of Elder Affairs"or"Alliance for Aging, Inc!'to indicate sponsorship Dfa program otherwise financed,,unless specific authorization has been obtained by the A Iliance prior to uus,c. 24., Assignments 43 'flee Novider shall not assign,,the rights and responsibilities under this contract without the prior written approval of the Alliance, which shall not be unmasonably withheld. Any sublicense,assignment,or tr°arasfer atlicrwise occurring without prior written approval of the Alliance will constitute a maateri,al,breach of the contract, 4,2 'Me Alliance shall at all times be entitled to assignor transfer, in whole or part,its rights,duties,or obtigations 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 respowiWe for all work performed,and al expenses incurred in con ion with the contract.. 43 This contract shall remain,binding upon the successors in interest of either the Provider or the Alliance. Page 7 of 67 AA-2329 25 $ubcontracts 25,1 The Provider is,responsible for ail work performed pursuant to this contract and procurement documents leading to this contract whether actually fumished by the Provider or its subcontractors an&or vendors. Any suhcontracts shall be evidenzed 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 ancUor vendors. The Provider further agrees that the Altiance shall nDt'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, 252 The Providershall promptly pay any subcontractors and/or vendors upon receipt of payment firm the Alliance, Failure to Inarke payments to any subcontractor andVor vendor in accardance with s. 287.10595, F.S., unless otherwise stated in the contract between the Provider and subcontractor andior vendor,will result in a penalty as provided by statute, ZC Independent Capacity orProvider It is the intent and understanding of the Parties that the Provider, or any of its subcontractors andVor vendors,are independent contractors,and acre not employees of the All iance and shatl not hold themselves out as employees or agents of the Alliance without specific authorization from the Afliance. 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 Hable for any wage and hoar, employment discrintination,or offier labor and, employment -halms against the Provider or its subcontractors and/or vendors., All deductions for social security, withMlding taxes,income taxes,contributions to unemployment compensation funds and all necessary insurance f6r the Provider shall be the sok-responsibility ofthe Provider. 27. Payment 27.1 Payments will be made to the Provider pursuant to s,215.422, lF.S., as services are,rendered and invoiced by the Provider. T'he Athance will have final approval of the invoice for payment and will, approve the invoice for payment only Irthe Pwviderhas met all terms and conditions ofthis contract,unless the purchase o,rderor this contract specify Othvrwi5e. The approved invoice will he SuNnitted to the Alliance's fiscal section for but"approval andprnoessing. Nsputes arising over invoicIng,and payrnents will be resolved in accordaixv with the provisions of s,215A22 KS 27.2.,The Provider agrees to submit Mills fur fees or other compeiisallon, for services or expenses in sufficient detail fQr a proper pre audit and post audit 6=co( 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 refercnce� (,a)paragraph(16) (b)of s,216,t 8 1,FIS,,regarding advances,,(b),Rule 69140,103 F-A,C pertaining to Restriction of Expend4ures,from state fundsa,and,(c)the Invoice Requirements of the Reference,Guide for State Expenditures from,the,Department of Financial Services at, The ProvidcrwUl certify that detailicd documentation is available to support each item on the itemized invoice er payment request for =1 reimbursed expenses, fixed rate or deliverables contracts or agreements incorporating this confract by, reference, including paid subcontractor andlor vendor invoices, and will he produced upon request by the Alliance. The Proviiderwill further eerti f�that reimbursement requests are only for allowable expenses as defined ire the laws anti guiding circulars cited in Sections 4 of this contract, in the Reference Guide for State Expenditums, and, any rather laws or regulaticti s,as up pl icab It. 27.3. The Provider, its subcontractors and/or vendors,shall provide units of'dehycrables, including reports, findings, and drafts as,specified in the contracts,or agreements and attaclunats 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 aisle'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 W ATTACINENT VI[I in order to avoid any payment delays., Page 9 of 67 AA-2A29 27.5. Each service perforated shall,be recorded as specified in the client information and registration tracking system("CIRTS") guidelines, Supporting documentation,of services provided must be adeqLaw to permit fiscal and prograrnmaticevaluation and ensure internal management. 2& Return of Funds The Provider will return to the A I liance any overpayments clue to unearned funds or(kinds disallowed and any interest a itributab te, to such funds pkirsuant to,the terms and conditions of this con,"Q1 that were disbursed to the Provider by the Alharlce, In 4W event that the Provider or its independent auditor discovers that an overpayment 4as been made, the Provider shall repay said overpayment immediately withow prior notification from the Alliance, In, the event that the Alliarwe first discuvm on overpayment has been,made,the Contract Manager,on behalf of the Allimcc,will notify the Provider by letter of such findings. Mould repayment not be made forthwith, the Provider will be charged at the lawful rate of interest onthe outstanding balance pursuant to,s. 55Z, F.&,after Alliance notification or Provider discovery. 29. Data Integrity and Safeguarding Information The Provider and its subcontractors andVor 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 rquesl system or information access and ensuring that user access has,been removed from all terminated employees. Time Provider, among other requirements, must anticipate and prepare flor the loss of information processing capabilities, A11 data and software sbalkll be routinely backed up to ensure recovery front losses or outages of thae computer,system.The security over the backed-up data is to be as stringent as the protection reqWred of the primary systems,The Provider shall ensure all subcontractors andVor vendors maintain written procedures for computer systern lback-up and recovery. 30, Computer Use oad 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 patties, such, as, but not limited to,Area Agencies u-n Aging and vendors, Any entity that,us the D,OEA's computer rwo=c systems must comply with the DOEA"s policy regarding social media.Social Media includes,but is not limit to blogs,podcasts,discussion fbrumms,Wikis, It feeds, video sharing, social networks like My pace, Facebook and Twitter, as well as conicat sharing networks such as Ffickr and YouTube. This policy is available cm DOEA's website at: IV mil.cidjlbp 31, Conflict of kitterest The Provider,shall establish safeguards to prohibit employees,board members,management and subcontractor's framusing their positions for a purpose that constitutes or presents the appearance of personal or organ izati onal conflict of interest or persanal gain. No em playee,officer, or agent of the Provider or,subcontractor,shall participate in selection, or in the award Oran agreement supported by state at federal funds, if a conflict of interest, real or apparent, would be, involved. Such a conflict would,arise whery (a) the emplolyee, officer, or agent; (h) any member of his"her immediate Family; (Q) his or her poriner; of (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,Tlw Provider or subcontractor's officers,employeeser agents will neither solicit nor accept gratuities,raym or anything of moretary value from Providers,potential Providers,,or parties to subcon,tracts, Pursuant to Chapter 4,Section 2,ofthe 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, Time Providers' board members and management must dimlow 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, commex. enient of'this contiract,The Providers*employees and must make the same,disclosures dexAW above tin the Providers' Board of Directors.Compliance with this provision will be monitoreA. 32. Public Entity Crime Pursuant to s, 287,133, F,S.,a person or affillriale,who has,been placed on the convicted vendor list following a conviction fora public:entity crime may not Submit 4 bid,proposal,or reply on a contract to provide any goods or services to a,public entity;may not submit a hid,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]cases of real property to public entity,-may no(bc awarded urperform work Page 9 o,f 67 -2329 as a Provider,supplier,sub-provider, or-consultant under a contract with any public entity;and may rrct transact business with any public entity in excess of the 11hreshold raurauwa>nt provided in s, 28TOI7, F"&,, for Category Two for a period of 36 months fol lowing the date of being placed ion the convieted vendorr list. 1f the Provider or any of its officvr5 or directaars 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 shrill caonstilutea breach of this agreement. 33. Emergency PrYeparei and Continuity of Operations 33.1 if the tasks to be performed,pursuant to this contract include the physical caire and control of clients,or the administration and coordination of servim necessary for client health, safety or welfare, the Provider shall, wwithib thirty(30),calendar days of the execution of this contract, submit to the Contract Manager verification, of an emergency preparedness plan„ Continuity of Operations ?[an. "C7 tF'), In the cent of an emergency, the wader shalt nctity the Alliance of emergency provisions, 'The COOP must address continuity ofaservices,especially fair 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 erasure continuity of operations without interruptions, 33.3 Providers offering nutrition services must have an Iliancc approved shelf stable menu with at least 3 days'worth of shelf stable meals with reserved funds set aside to purchaasc the 'rood 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 o fur ds under this contract will be used by the Provider to purchase equipmentw Equipment mra,earrs: (a),an article ofnonexpendable,tangible personal property having a useful life of more(,ban one year and an acquisition cost which equals or exceeds the lesser of the capitalization level estalwlished by the organization for the financial statement purposes,or $5,000.00 [for federal funads],rir (b); nonexpendable, tangible personal propncrty cif a non-consumable nature with an acquisition.cost of S I,OXOD or more per unit,and expected useful life of at [,east one year;and hardback bound books not circulated to students or,the general public,with.a value or cost of$210.00 or more (far state fronds]. 35. The IrwUR 1000 Form is hereby incorporated by reference and available at: ?relap ww_ati�w4 nv,flo iya a 011) tapf"I.; NV1-, .ua rw .`?E1 "t I{n10 t pL11 in the event of any conflict between the PUR 1000 Foram and any terms or conditions of any contract or agreement terms cr conditions(fie contract shal l take precedence over the P11 R 1000 ;F'onn. However, if the connicting tennis or conditions in the Pall 1000 Forth are required by any,section of the Florida Statutes„the roans or conditions contained in the PUR 1000 I ornt shall take prreccdcnce. 36. Use of State Funds,to Purchase or,Improve'heal Property, o funds underthis contract will be used by the Provider to purchase or improve Real'Property, .any state fiattds provided for the purchase of or improvements, to real property are contingent upon the ,Provider or politirval subdivision granting to the stateaa security interest in the property at least to the amount of state fonds provided forat 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 Ivlaram er„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 imirnunity 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 AA-2329 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 Aftiance or the Frovl4cr unless expressly contained herein or by a written,amendment to this contract signed by both Parties, 41. Force M;Jearc The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, pro ovided tile party experiencing the force majeure condi'don provides immediate written noffication to the,other party and takes all reasonable efforts to curie the condition. 4,2. Stvierabillity Clause The Parties,agree that if a court of competent jurisdiction deems any terra or condition herein, void or uriertforceabte,the other prov isi ons are severable to that void provision and Sh a 11 remBri n in full force and effect, 41 Condition Precedent to Contract.- Appropriations The Parties agree that the Alliance's pcirformarce and Migation to pay under this contract is contingent upon an annual appropriation biy the Legislature, 44. AdditionlDelction The Parties agree that notwithstanding the tems of the procurement documenis and aclions leading to this contract, the Alliance reserves the right to add or tar 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 reduc ed to a written amendment s igred by both Part i%. Th a Part Ws sh a I I negotiate compensation For any additionnal services added. 45. Waiver The delay or failure by the Alliance to,exercise or ent6rue any orils rights under this contract shall not constitute or bc deemed a waiver of the Alliance"s right thereafter to enforce those rights,nor shall any single or partial exercise afairy such right preclude any other or further exerc isc thereof or the exerizise,of any other right. 46. Compliance T'he Provider shall abide:by all applicable current federal statotes,laws,rules and regulations as well as applicable current state statutes, laws, rules and, rrgula ti ons, policies P f the A]hanev and the Department, and the terms of this contract, Th e Partie s agree that failure orthe Provider to,abide by these laws, rules, regulations,policies, and terms of this contract shall be deer ned an event of default of the Providcr and subjrcl lire Provider to disciplinary action including correctiveactlon, unannounced special monitoring, temporary assumption of the operation of tine or more contractual services, placement of the Provider on probationary status, imposing a morartorium on Provider action, imposing financial penalties for noriperronrance, or noncomphimcc,or other administrative action to immediate,unilateral contract cancellation at the discretion of the Alliance. Ifilte Alliatwe 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 ccintract,the Allianceshali provide the Provider Notiteof Violation which shall include aconcise statement of the specific violations of the Provider and the facts relied upon to esladish the violation.. Upon receipt of the Notice of Violation the Provider shall have twenty-one(2)),,days to respond to the Notice of Violation. The Provider's response must include a statement of any disputed issues of material fact anti a concise statement of the specific facts the Provider contends warrant reversal or deviation frarn the Alliance's proposed action, including,an"planation of how Ow alleged facts relate to the speci ric rules,statutes, or contractual term. Failure ofthe Provider to respond to the Notice of Violation within twenty-one(2 1)days shall be iftemad a waiver ofthe rights outlined above and the A lliancewill procccd against the Provider by default TheAlliance,upon receiving a timely riled response to a Notice of Violation, witl forward the response and alil accompapyrrig documentation to Ike Contract Manager to review and consider. The Contract Manager shall,within 30 days afterthe receipt of the Provider's response,file an order wbich lays out the final determination of1isciplinwy action by the A nuance. 47. Final Invoice The Provider shall submit the final invoke for payment to the Alliance as s,peciried in section 3,13® (date,for final. request for payment)of ATTACHMENT 1. If the Provider fails to submit final request for payment by the dear line,then all rights to payment maybe forfeited and time Alliance may not honor any requests submitted after the af6resaid time period. Any payment duc under Page 11 of 67 AA-2129 the terms of this contract may be withheld Mil all reports duc from the Provider and necessary adjustments thereto have been approved by the Alliance. 4& Renegotiations or Mrodlifications Modifications of the provislons of this contract,shall be valid only when they have been reduced to writing and,duly signed by both parties. 49.Susptiasion of Work The Affiance may in its,sole discretion suspend any or all activities under this contract and any contract aragmanent 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 outKningr the particulars of suspension, Examples of the reason for suspension include, but are not limited to, buttgetary constraints,declaration of emergency,,or other such circumstances,Afterreceiving a,suspension notice,the Providershali comply with the,notice and shall,not accept any purchase orders. Within ninety days,mar any longer period agreed to by the Provider,the Alliance shall either(1)issue a notice authorizing resumption etwork,at which time activity shall resume,,or(�)terminate the contract or purchase,order.Suspension of work,shall[not entitle the Provider to,anyaddifional corn flora. 50. Termination 50.1, 'Termination for Convenience,,'Th is 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 soorw time: is mutually agreed upon irk writing, Said notice shall 'be delivered by U.S, postal Service with verification of delivery or any expedited delivery service that provides, veriCcation of delivery or by hand delivery to the Alliance Contract Manager or the representative of the Provider respop5ibic for administration of the contract, The Provider shall noi fumish any, product after it receives the notice of termination,except as necessary to,complete the continued portion ofthe contract,ifarly.The Provider Amll not be entitled to rcwver any cancellation charges,of lost profits. See notes on email regarding this paragraph. 50,2 Termination for Cause.The Alliance may terminatc this contraxt if the Mrovidcr fails to(1)deliver the prochict within the tirnc specified in the contract or any extension, (2) maintain adequate progress, thus endangering, performance of the Contract,(3) hon,or any tcur of the contract. (4),*Wc by any statutory rquimmcm, rcgulatory requirement, licensing requirement, or Department 'Policy or (5) in the event funds for payment becorne anavailable for this contract. The Alliance will be the final authority as to the availability and adequacy of funds, In the event of termtnaliono f this contract, the, Frovider will be compensated for any work satisfactorily completed prior to the date of tennination, Rule 60A- 1.006(3)�, F.A.C,governs,the procedure and consequences of default,.The Provider shall continue work an any work not terminated. Except for defaults of'subcontr=tors at any tier, the Provider shall not be liable for any excess costs, if the failure to perlbrin the contract arises from events completely beyond the control,and without the fault or negligence:,of tbrC provider. If the f3iilufe to pCrfOrm is caused by the default of at subcontractor at any tier,and if the rause of the deffl,uh is completely beyond the control of both the Provider and the subcontractor.and without the fault or negligence of e4heir, 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 soffivieril 'time forthe Provider to,meet the required delivery scheduler IF, after temination, it is determined that the ProMer was not in default, or that flit default Was excuisabie, the ruts and obligatiom of the Parties shall bye the same as if the terminatiort'ha d been issued filar the convienienceofthe Alliance. The rights and remedies ofthe Alliance in this clause are in addition to any other rights and remedies provided by law or under tile contract. U. Upon.expiration:or termination of this contract, the Provider and subcontractors"I I transfer ati,public records in its possession to the Alliance and destroy any duplicate public records that are exempt or confidentlat and exempt from public records,disclosure reqWremonts,at no cost to the Alliancm All electronically stored records shall,be provided to the Alliance in,a format that is compatible with the Alliances information technology system(s). $1.Successors This contract shall remain binding upon the successors,in interest of either the Alliance or the Provider,subject to the o ignment provisions in Section 12 above. 52. Electrcmic Records and Sig"atare 52,1 The Athanes authorizes, but does not require, the Provider to create and retain electronic records and to use electronic SiglalUkS to conduct transactions riecessary to Carry out the terms of this contract, A Provider that creates and relains Page,22 of 67 AA-2329 cteetrortic records and uses electronic signatures to conduct,transactions shall comply with the requirements ccntained in the Uniform Electronic Transaction Act, s. 668.50, F.S_ All electronic records imuit be futly au&table; are subject to Florida's Public Ruords LaWr Ch' 119,FISI;twist comply,with,Section 2,9,Data Integrity and Safeguarding Info rmatiorn must maintain all confidentiality, as applicable;and must be retained and,maintained by the Ptovidierto the same extent as n on-ele ct no n ic records are retaloe 0,and m ai nta ined as required by th s cant ract. 52.2 The Alliance's authorization pursuant to this se ot ion does not authorize olectonne trainsiacti ous jx", ,cen,The Provider and t1ho Alliance, The Provider ns authorized to conducl electronic transactions with the Alliance only upon further written consent the Alliance. ,52.3 Upon re q uest by the Alliance,the Provider sha 11,pro vide the A 11 iance or Depa rtm en t w ith non.electronic(paper)copies of records, Non-elceftonic (papa),copies provided to the Alliance of any document that was originally in electronic form with an electronic,sigmt=must indicate the person and the person's capacity who electronically signed the dOCoMent on any noa-vlec(ronic ropy of the document, $3. Special Provisions- I"he Provider agrees to the folloWintl pro"Slcing: 53.1 1 rivest at ion of Cr im inal A I lega Ii orts- Any report that implies criminal intent on Ow part of the Provider or any subcantractors arid/or vendors and was referred to a governmental or investigatory agency rnust be sent to the Alliance. If the Provider has reason, to believe that the allegations will be referred to the State Attorney,a low enforcement agency,the United States Attonley's office,or, other governmental agency,the Provider sfiall nofl the Alliance immediately,. A copy of all documents, reports,-rotates or,other written material concerning OW investismian, whether art the possession, of the Provider, its subcontractors, or vendors, must be sent to the A]liance's contract manager with a surnm ary of the invest lgation and allegations, 53.2 Volunteers: The Provider shall ensure the use of trained volunteers in providin direct services delivered to older individuals, and individuals with disabilities needing such services. If possible,the Provider shall work in coordination with organization$ that have experience in providing training,placement, and stipends for velum mrsor participarits,(such as orgainizatitms carrying out federal service programs administered by the Corporation for National and Counmuiiity Service), in community service settings. 53.3 Enfarcernent: 53.3.1 In accordance,with s,.4301,04,F.S,,the Alliance may,without taking,any intermediate measures, available to k against this corittact jrescind this contract if the Alliance finds that: 5312 An intentional or negligent act of the Provider has materially affected the health,welfare,or safety of cli,cnts served pursuant to, any contract: or agreement, or substainfiWly and negatively affiected the operation of services covered under any contract or agreement; 5333 The Provicler lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; 53.3.4 'The Provider has comm itted multiple or repeated violations ofle ,al and regulatory standards„regardless of whether such laws or regulations are enforced by the Alliance, or the Provider has, committed or repeated violations Pf Altiance standards; 3,3,$ The Provider has faited 'to continue the provisilim or expansion of services after the declaration of a state of anergency;andlor 533.6 The Provider has failed,to adhere to the learns of arwy contract or agreement incorporating in this Conaact, 53.3,.7 In the allurnativt,the Alliance m,ay,at its soW 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 or more contractual services,placement of the,Provider on probationary status, imposing a Page 13 of,67 A,A-2'329 moratorium on Provider action,, imposing financial perialties for nonperformance, or other administrative action pursuant to Chapter 120, FS, 53A In making any determination under this provision the Alliance,may rely upon the findings of another state or letteral agen,cy, or oflier regulatory body. Any claims for damages,for breach of arty,contrad or agreement Eire exempt from ad m inistnitive proccedinp and shall be biought befine the appropriate entity in the venue of M iarni- Ladle County. $3.5 Use of Service Doltars. The Provider will optimize the use of contract funds by serving the maxinirum possible number of individwIs w4h the services allowed by this con1raet. The Provider wilt spend all': funds provided by this contract to provide such.services. 53,6 Training, The Provider wi,l l attend all required,trainings and meetings schedule by the A 11 iance. $4,Contract Mianager The Alliance may substitute any Alliance employee to serve as the Contract Manager, 55.Official Payee and Representatives(Name,Address,and Telephone Numbers) The tiame,address,and,telephone number of the representative for the Alliance for this contract is; Max 8. Rothman,JD,LL,M, President and CEO 760 NW 107th Ave,Suite 2,14 Miami,Florida 33172 (305) 670-000, Ext, 224 The name,address,and telephone number of the representative of the Provider responsible for administration 0frthe program under this pontract is: Page 14 lof 67 AA-2329 Monroe County Board of County Com miss,oncrrs,Social The Provider name,as:shown on page I oft wigs Servicesiln-Home Services A contract,and rnaffing,address,of the officW payee to 1100 Simonton Street,2"'d Floor whom the payment shall be made is: Key West,FL 3 304 0 Shcry I Graham Monroe County Board of Coup ty,CQmm issioncrs,Suc ia I The name of the contact perwri of the Provider and S ery�ce 5�11 n-Horn C Se rV ices D sima address wficrc financial and administrative t 100 Simonton,Street,2r'Floor records are maintained is: Key West, FL 33040 305-292-4510 Sheryl Grahmn The narn e,address,and te I ephone n urnber o,r the Monroe County Board of County Comm issioners,Social representative of the'PwMer responsible for Servicesdri-Horne Services Floor administration of the progrmn under this contract is: Key West,I 100 Simonton Strut,2n4 FL 0 $05-2912-4510 Alliance for Aging, Inc. The section and location within the AAA where, Fiscal Department d Requeste,for Payment and Receipt and Expenditure 760 NW [07th Avenue,Sluite'214 forms are to be mailed is: Miami, rlorida 3 3,172-3 155, 305-670.6500 Contract Monitor e The narne,address,and telephone number of the Allian-= for Aging, Inc. ,Contract Manager for thc AAA for this contract is: 760 NW 1071,h Avenue,Suite,214 Miami, Flor4a 33172-3 155 305-67OL-65010 Opoti change of representatives(names,addresses,telephone numb�ers)by e4her party,ro6ce shall be pm vided in writing to the other party anal the riot i Ili ca tiory attached to the u r iS in,a Is of this contract. 5,6. All Terms aind Conditions Included This contract and its Attachments and any exhibits referenced in,.5aid attachments,together, with any documerits incorporated by reference, contain all the terms and conditions agreed, upon, by the: Parties. There are no pmvisions, terms, conditions, or Page 15 of 67 AA-2329 obligations other than those contained herein,anJ this contract shall super dc all previous communications, representations or agreemems,either written or verbal beLWeen the Part'Wsl By sig"ing this contTarm the Parties,agree that they have read and agree to the entire contract. IN WITNESS TI-IF'ILL OF,the parties hereto have caused thisconiract,lo b,c executed by their undersigned Gfricials as duty authorized, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,SOCIAL SERVICES,111N-HOME SERVICES ALLIANCE FOP,AGING,INC. SIGNED DY� 0't— NAME� Roman Gastesi E. MAX,B. ROTHMAN,JD,LL.M. INTLE County Administrator ......... TITLE: PRESIDENT ANO CEO ....................... ..... VATE: 12-29-2,0122 DATE� J a n 8,20,23 . ............. Date" IWW022 Page 16 of 67 + - ' 2 INDEX TO CONTRACT A'TTAICLIINAENTS ATTACHMENT ATTACHMENT DESCRIPTION ATTACPNMENT"'I STATEMENT OfWO ATT'AC11MENT 11 FINANCIAL COMPLIANCEAUDIT AT` ACHN1ENT ATTACHMENT II' AUDIT RE?LATI NSHIF'DETERMINATION EXHIBIT I ATTACH'MENT 11' FEDERAL RESOURCES AWARDED PURSUANTT01 THIS AGREEMENT _. EXHIBIT ATTACHMENT 11 CERTIFICATIONS AND ASSURANCES A"TTACLNI ENT °I ASSURANCES-NON-CONS T ,N,,C]"I N PROGRAMS ATTACIwIME NT"SIT CONTRACT BUDGET 'TWMARY BY SERVICE AND TITLE ATTACHMENT Vill OLDEKAMRICANS,ACT"CONTRACTREPORT CALENDAR ATTACHMENT TX REQUEST FOR PAYMENT' ATTACHMENT X, RECEIPTS AND,EXPENDITURES,FOR ALL OAA TITLES EXHIBIT I ATTACHMENT X, RECEIPTS AND EXPENDITURES,FOR NSIP E EIIBIT ATTACHMENT X, PROVIDER MONTHLY MEALS DEPORT,FOR NCI IP E HII IT ATTACHMENT B DEPARTMENT OF ELDER,AFFAIRS CIVIL ILL IjrjHI~"` T NLTANC CHECKLIST AND INSTRUCTIONS ATTACHMENT D I A-kV UN, 1)SCP.E'ENI'N G AFF0AVIT OFCOMPLIANCE ATTACHMENT F DATA PRIVACY& SECURITY BUSINESS ASSOCIATE AGREEMENT AT"'T'AiCHMEIaNT 0 ADRC POLICY AND PROCEDURES rOR OUTSOURcE5 FUNCTIONS Page 17 of 67 AA-2329 ATTACHMENT I ALLIANCE FOR AGING,INC. STATE,ME NT OF WORK OLDE,R AMERICANS ACT SECTION 1. S,ER VICESTO HE PROVIDED A. ALLIANCE FOR,AGING,INC.MISSION STATEMENT The Alliance mission is to promote and advocate for the optimM quality of life for older adults and their families. 0. PROGRAM SPECIFIC TERMS Area Plan- A plan developed by Me area agency on aging outlining a comprehensive and coordinated service deliver y system in its planning and. service, area in accordance with the Section 306 (42 U.S.C. 30,26) of the Older Americans Act and DOEA instructions, Area Plan, Update- A revision to the area plan wherein the Adiance enters OAA specific data in the CIKTS, An update may also include other revisions to the area plan as instructed by the IC A, 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/Adm Wstration for Community Liviug set for the Title IM) Program. AoAJACL's standard eriterion,consists of three tiersa Minimal Criteria, Intermediate Criteria,and Highest-Level Criteria, Family Caregivieu: An adult farnity member,or another individual,,who is an informal provider of in-home and wirmunity care to an older iodividoal, Frail; Wher an older individual is,unable to perfonn at least Iwo activities of lafly living("ADU without substantial human assistance, including verbal rcrainding, physical cueing or supervision, or due to,cognitive or other rnental impairment, requires substantial SUPCrYiSjDn because the individual behaves in arnanner that posts a serious health or safety hazard to the individual or to another individual. Grandparent- A grandparent car step-grandparent of a child,or a relative of a child by blood,marriagc or adoption and who lives with Tho*114, is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver ofthe child;and has a legal relationship to the child,such,as legal custody or guardianship,or is rai sing the child informally. Living Healthy, Also known as CDSMP for the State of Florida,, C. GENERAL DESCRIPTION 1 Ge ne ral S(a temea( 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 maxim urn indepandepce with supportive,services. The NSIP prow ides inconfives for IN:cfficc6 v,c del ivjcr ofiltdriliOUS MC,Zllsto olderindividt.Kils. NSl?alloY%,.progranis to increase the nurnber and war the quality of nicals served. NSIP is o cash ollotowuL or commodlt} prograun that supplenients timcling or fb(0 k sQd in incals served tindcr the OAA. Florida has opted for cash pe)mcnis in Ilictiol' donated tbods. 2. Authority All applicable lb-deml Iatwvs.. regulntlons, action Iransmittals, program instrUCtiom, revie%% gwides and Oiflkv docturentation related to time following: at.. catalog of rederal Domestic ,Assistance No,93.043,93,044, 93-045.'93,052,and 93,053 Page 18 of 67 AA-2329 b. Older Anicricons Act ol' 1965,,osamordcd ?0 16� cm 42 U.Sk'. §303,42 V.S.0 �604-. d. Rule 58A-L 11orkin Adinflnistrk,�c Ccidc (1",A(')� c. Sccti on 430,10l. F oritl a SLaWICS(F,S )'. Lind f DO l"A Prog r arns rand Sci vi ce.q 1-1 and 1xxA, [_"J_1T=1'111 I d I lu 1�I�k' 3. hope of Se rvict The Provider is responsible for coordinating and assessing the needs of older persons and assuring the availability of quality services. The services shall be p rovi de d in a ,wanner consistent w i th the H andbook.and the procurement documents leading to this contract. If receiving N'SIP funding,the provider shall use NSIP funding to supplement funding for food used in meals served by OA,A Nutrition Proram Providers,. 4, Major Program Coals The imajor,goa,ls of the OAA prograrn are to improve older individualls, quality of life, preserve their independence, and prevent or delay, their need, for costlier institutional care. These goats are achieved through the implementation of a comprehensive and, coordinated service system that provides, a continuum of service alternatives mid effective delivery of nutritious meals that meet the diverse neMs o f e Iders and their caregivers, S. Leadership and Advocacy As a designated Focal Point,,a,provider is encouraged to provide coordinationofservices for adder individuals. The Provider must also provide,community leadership on,aging issues and serve as the advocate and focal point for the elderly within the community in cooperation with agencies, ragaoizotioins and individuals participating in activities funded by the Milan= 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 adyefscly impact on lives ofoldcr persons, or expressing support for older persons and their interests.AdVoCaCy activities may be brwdly supportive ofthe general interests of older persons or may involve specific Ktivitics on behalf of indivWuals. D. CLIENT9TOBESFRVE0 I. General Descriptiort Prefercn,cc shall be given to those with the greatest economic and social needs, with particular attention to low-income older individuals, including those that are low-income,minorities,have limited English proficiency,and older individuals,residing in rural areas, 1, OAATitle 111,General Client Eligibility Consumers shall not he dually enrolled in an OVA prognnin and a Medicaid capilated long-term, cave program, with the exception of consumers in need of OAA Legal Assistance services and OAwl Congregate Nutrition Services, including transportation services to and from congregate meal sites, 2.1 OAA Title 111B,$upportive Services,Client Eligibility or. Individuals age 60 or older 12 01A A Title I I I C 1,Congregate N k1tri d on Sery ices In addition to meeting the general routrition services eligibility requirements listed below, individuals must be mobile, not homebound and physically, mentally and medically able to alland a congregate ruitrition program, Individuals eligible to receive congregate meals include: a. Individuals age 60 or older,and b. Any spouse(rqwdlcss of age)who attends the dining center with WAcr chl'ible spowc; c. Persons with a disability, regardless of age., who reside in a housing, facility occupied pTimarilly by of individuals where congregate nutrition services are provided-, & Disabled persons who reside at home with and,accompany an eligible person to the dining center;atod C., Volunteers,regardless of age,who provide essential services on a regular basis during meal hours. Page 19 of 67 AA-2329 23 OA A Title III 2, H orn e Delivered Nu,tri lion Sery ices, In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT t, Paragraph. 1.4.1.3,individuals must be homebound and physically,mentally or medically unable to attend a congregate nutritiOnt prograin, Individuals eligible to receive home delivered meals include the following: a. Individuals age 60 or older who are,incapacitaiedur unable to attend a congregate nutrition site due to d mess, disability, isolation,or caring for as lowed oTw who is ill at home; K Indi v idua('s age 60 or older who are u noble to attend a coingrego le nutrition site due to tevilt a nd mouth issues which makes it difficult to cat in public, c. A home delivered meals recipient's,spouse,regardless ofage,if tho Provision of tlw Pollatcral meat supports maintaini"the person at home', d. Individuals with disabilities,regardless,ofage,who reside at homc wilh home delivered meals recipients and are dtpende nt Q n (hem for core- c, Persons at nutritional risk,who have physical,emotional,or,behavioral conditions, which would make their presence at the corigrcgavt r s*inappropriate; f Persons at nutritional risk who are socially or otherwise isolated, including those who are self.isolating at home due to COS"ID-19, and unab le to attend a congregate nutrition situ or Indi viduals age 60 or older who are unable to prepare meals due to,a lack of at inadequacy of facilities,an inability to shop,cook,or prepare meals safely,or a lack of appropriate knowledge or skilll, 2A OAA Titles III I and HIC2,,Nutrition Services, Client Eligibility General factors that should be considered in establishing priority Ave nutrition services include those older persons who meet the following: a. annul afford to eat adequately, b,,. Lack the skills or knowledge to select,and prepare nourishing and wCI 1-balanccj meats; c. Have limited mobility which may impair their capacity to shop and cook ror themselves;or d. 1-lave a disabling illness or physical con&tlon requiring nutritional support or have been screened at a high autritional risk, 25 OAA Title 111D, Disease Prevention and Health Promotion Services a. I'a rgei i ndi vit d ual s age sflxiy (60)car o I d cr: and b, Flri rit) iv i I I be given Lo i r d i a idea I s M 5 idi 11 i fl 11Wd i CM I N' W t dk.rservcd arc as. 2.6, OAA Title I I I F,CA rvgiv er Supporl Services.,C1 icrit E If 8 i b i I I ty a. Family caregivers of individuals age 60 or older; b, Grandparents(age 55 or older)or older individuals(age 55 or alder}who are relative caregivers, c. Priority will be given,to family canegivers who provi4e,cam for individuals with Alzheimer's disease and tcllatcd disorders with neurological and oWnic brain dysfunction and for grandparents or older individuals who are relative caregivers who provide care Rff,children with severe disabiltlies,and d. For respite and supplemental services,a family caregiver must be provid,ing care for an older Individual who meets the definition of the term"fraff"in OAA, as per ATTACHMENT 1,Sectioln. L2. 2.7 NS[P Maniq served) to ail elderly individual. funded in uNhole or in, part tuideir Slatoa%ide Mcdicaid Managed Care Vorg-I enn Core, Floou" ("'Ore 1,�)r the F-Iderly,(,ornmority Care for the l"Aderly Prograrnr,,or othcr nwans tt-teal progranrf.q tnay ncA be included in the NSI P cotim. OA,A-funded congregate meals provided to SMMC LJ C clients onay he inC 110ded iiii the NSI 11 count, Page 20 of 67 AA 2329, SEC'T(ON 11—MANNER OF SERVICE PROVISION A. Service Tmks To achieve the goals of the OAA.progTam,the Provider shall ensure the following tasks: 'I, Client EligibilityDeleTmination The Provider shall ensure that applicant data is evaluated annually to deterrnine eligibility prior to rendering, services. Efigibility to become a client is based on meeting the requirements dmribvi in this contract. 2, rargeting and Scieening of Service Delivery ror New ClienW The Provider :shall develop and, implement policWs and procedures;consistent with Oda A targeting and screening criteria. 3, Program Services. The Provider shal I ensure the provision of a cantina uta of services thiat meets the diverse needs U,f elders and their caregivers., The Provider shall ensarethe performance and report, performance of the f0lowing services are in accordance with the current 14 andbiou k. 4, Program Kligibility Requirements, 4,1 Hi I gibiliq Criteria E'nuties attest rruxx the fiollb%k ing critcria to be OigibIc for propram participatiom, 4.1.1 An agetic) 11vit has received a grant under OAA 1,We III [OAAscetion 311(42 US,C, §3030a)j:and 4,L. multhion 4cn%icc provi&r that serves incats arid is tinder the,jurisdiotm. control, management aild auditauthorky ot'dw Area Agenc) on, Aging and the Departillent. 41 Provider's Nutrition Service Operations 'I'llie Pt-ovidershall ensure,the lluLrillon service opL�raticjns afthe Penvidoi�liar,N, tho 0'ibi's contract. as"CH:as an.,~ otlierapplicable wgul"1010111,15 ati'd policlos pucsCribW b) dicutirrolt I landbook, the Depwinicnt W` Heafth,andl I lorrian Sovicc%. UND& 11011 and local health deparialesits. DIBPR1 orany other a1-,2on,cy degiunated to inspect Illeal q1tualily for the Slow, 1110 ProvWor must agree to rlWil'y The Alliance ol' an.) sainilotion illstleoioill,,ostiveially t4cxw(hat 'Mclude hiol priuvitv violations and provide a copy oftlw rcpmt to flic Allliandx wilhir,24hours. n %Xrilton, coincc6vv action Plan to the Nutrhioii Provider dear ant high 1priorit� or significant 1`1rxJtlgs on sunitation inspections.TheCAP% must bcapproved by the Provider's rcgislcrwMdjctician and s�uhnihtedwthe- Alliance to on.,,ure that doliciencies are J-ejjjCCtjeLj.r 4A Prescribed Nutritional Requirements The Provider shall ensure,that each rneat,provided under this contract rneets tile following criteria: 4.3.1 Complies with the current Dietary Guidelines for ALmericars, 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 or the National Academy or Sciences: and 4.13 Is served froth and aWoved Atfiance rnenu. 4.14 Food Origin aund Cnalmodifles Requirements 4,15 Covisistent with uxisling requirements or die NSIP. the f1rovider and its,service providers may use NISI 11 ensh 10,1XIM1111.1W fWAS 01'IU,S origlin rortheir rutrition projcc is taider"I i Ile Ill of thc CAA. N,51 P tonds MUS1 bC Llstll ILI C'NI-Kirid, wcaf survlces to ol der H(Jults. 5, Monito6ng IIw picrFormunce ol'its subcontractors an6orvendors 6, Comply with the,dalliance's Nutrition policies and proccdurcs 0. Staffing Requirements 1. Staffing Levels 1'he Provider shall assign Its own admini.qlrative a nd support staff as needed to perlbnzi the tasks, responsibili6es and Page 21 of 67 AA-21�9 duties Lilider this contract and ensure thal subcontracLors ancl-'or v�oidors dcdicatc adequate 2. Professional Qualifications I 11c Pmvidc,rshall Cnium that,tlicsla,'Ti-espt)Tisiblc for pei-rorining anydinici or Rincliom w%ilNn thiis contract h:ivo the qualifications as specified in the,I landbook. 3. Service Times The[-*rovider shall cosure the pro,ision of ervices listed in this contract doring normal bLisiness hours tinkss othoir tunes, are more appropriate 11w meet the perrormance requirements of this contract. acid it shnll monitor its subcorltrac(Org An&Or IvOndor5 to unsure ilicy ire available to provide services during hours responsive Lo cliciliL neods a, ant Service cot"nunay.od during lhoso,tiiiw� whic�'i best meet tiv neods,ofth relev e 4. Use orvotu"teers to Expand the Provision of Available Services The Provider shall,inake use of trained volunt"i-sin providing direct services delivered to older indivicIvak and in4ividuals with disabilifics 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 patflaipants(such as organizatiom carrying out Federal service programs administered by the Cciporation far Nationall and Community Service), ih community service settings. 5 se of'Subcontractors anWor Vendors If this contract involves,the use of an Subcontractor or, third party, then the Provider shall not delay the implementation of its agreement vy'Ah the Subcontractor. If any circumstance occurs that may result irk a delay for a period o(6,0 days or, more the initiation of the subcontract or the performance of the Subcontractor, the: Provider shall notify the Alliance's Comma Manager in writing of such delay.The Provider shall not permit a Subcontractor to perforrn servicestelaled to this,agreement without having a binding Subctntractur agreement executed. In accordance with Section 23 of this Contract, the Alliance will I not be responsible or I iable for any obfigatlons or claims resulting from such action. .1. Coples,or subcontracts: The, Provider shall subril'It a copy of all subcontracts to the Alliance Corltrad Manager within thirty(30) days of the subcontract being executed, $2. Monitoring the PerForman",of S ulbicion tractors: The Provider shall programmatically nnorit0r,81 least once per year,each of its Subcontractors,SubTecipients,Vendors, and/or Consultants. The, Provider shall perform programmatic monitoring to ensure coritractuaV compliance, and programmatic performance and compliance with applicable state and federal laws and regulations, The Provider shall monitor to ensure,that fime schedules are,met;the budget and scope of work are accomplished within the specIfied time periods, and other performance goals. The Provider shall also perf617M fiscal and administrative monitoring lbe all subcontractors to ensure fiscal ac countab Il ity. 53, Copies of Subtontractor Monitoring Reports The Novider,shall forward a copy of'41 aubccotrwtor monitoring reports.to the Alliances' Contract Manager within thirty(30)days of the report being'issued to,the Subcontractors,Subrecipients,Vendors,am "or Consultants. l"he fbllowking scetiorl provides the speciric quantifiablC UlliG of delivcrables and source docunictluttion MqUired to vvidcr)ce the completion ofthe taks specirwd ill tic's contract. floe 11'rovider riost suhnfit all rcqo rcd documoriiatkm in ilictime aixi manner specflied for the rnhlir"U,111 performance tcvOs to be nict, Each dt1ivvirahic inust be accepted in writitig btu the Alliance Contract Manager based on the requircincrILS fior each dell iv.-rabl c, befiwe the Provider submits an invoice reqUeSting paN niont.. 1. the Provider shall ensom the provision Of 8 COntillLIU111 of services That meets the diverse needs of"eldors and their carqgiycrs. lhe Prc)vider-shall OBsure (lie perrormance and reporting ofthe t"ollowing scrvicts in ;accordance with (tic cktrrent liand'hook anJ Avis contract. 11MUrnentotion or service deliver) niust incLidc a report consisting or time VIAL1,pliCitted nUiliberal'clicnis served, oumber ofservice units provided byeservice.and ratc per sei�vlce tulilt %vith calvalations that c�qwfl the total invoice arnotint. Page 22 of 67 AA 232 I he wn vices incl aide the fo lloww ing cawgor'_e*� a. Supportive Services(1111 Program) Supportive services include a variety of community-based and home-delivered services tbart supiport the rivality of life for older individuals by helping therm remain independent and productive. Services include the following: (1) Adult Day Care ( ) Chore Services;. (3) Companionship; (`t) Counseling(Gerontological); (3) Emergency alert Response ( ) Escort; (3) Housing improvement; (" ) Legal Assistance (10) Material Aid, (11) Personal tare, (12) Recreation; (1 ) Screening and Assessment; (14) Shopping Assistance;, (II, ) Transporiation;and (t ) Specialized Medical,' Equipment,Services,and Supplies b. Coingreptle,NuIrltlratr Services(IIICI Program) Nutrition services are provided in congregate settings and are designed to reduce hanger and food insecurity', promote socialization and the health and well-being,of older individuals by assis6n&them to gain access to nutrition and other disease prevention and health promotion servim, . Sery ices include the Following, (l) Congregate meals;; ( ) Congregate meals screening, (3) 'Nutrition education and nutrition comiseling; c. Home Delivered Ihl'uirition Services(1110 Program) ln-,home nutrition services are provided m reduce hunger and', ford insecurity, promote sociawlixaticn and,the heahtt and well-being of older individuals by assisting suych individruals to gain access to nutrition and other disease prevention and health promotions services. Services include the foil owing (l) Hoirne delivered rneWs; ( ) Nutrition education and counseling; (3) ScreeninglAssessmeni. d. Disease(Prevention and Health promotion Servives(111D Program) Evidence-Based Disease Prevention and Health promotion ("E13DPHF0') servuce have been demonstrated through evaluation to be effective for improving the health,wellbeing,or reducing disease,disability and/or injury,stt ong older adults,and proven e, cdve with alder adult populations. The ACC defines iE9OPHP,services as meeting highest-level criteria. Only,services tlr t meet the highest®Icye)criteria are allowed under the MID Program, EBDPHP Services must be delivered per the requirements of the program and erasure program fidelity. Evidence based programs include the followving, (1) A IVIatter of 1311 lance ( ) Chronic Disease Self-lvlanaagemeral ( ) Diabetes Self-Management ProgiTom (4) Enhanced Fitness g( ) FlomeMeds e. Caregiver Supparl,Services,(III E Paroglrartt) The foilowvin,g services arc intended to provide direct help to car glavers¢ assist in the areas of health., nutrition and financial literacy and assist caregivers in makings decisions and problem solving related to their carae,ggMngt roles and responsilailit cs; (I) dad arit Clay Care, ( ) Caregiver Training/Support(Individual&group), Page 23 of 67 AAA-2 29 ( Respite Services„ (4) 'Scrccrrirr, ' ssessment f� Caregiver a ril uprp rmental dervle (111E' Finogra ) The following services are provided to complement the care provided)by caregivers 1 shore Services (2) Housing ing Improvement; ( ) Material id,;and (4 Specialized Medical Equipment,Services and.Supplies. g., 'aregiver upport t; randpa.rent$services('Ir.I P , P'rog;rarn),-. 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 dcscribed in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section ILA Attachment "ill lists the services that can be performed, budget allocation for each service, the number of units of semice,and the reimbursement unit rate. Units of service will'be paid pursuant to the rmc estahlished in Attachment V11. 3. Administrative Respoxisibilities The Provider shall provide management and ov+ers-ight of CCE Program operations in accordance with the current DOEA Handbook.which include the firll wing: a. Establish contractual ,agreements with appropriate and capable subcontractor and vendor agreerrents, when applicable. h. Provide technical assistance to Subcontractors and venders'to ensure provision of quality services.. c, Monitor and evaIuate subcontractors and vendors for appropriate progratr matic and fiscal cornplr"a ace, ., Appropriatcly submit payments to subcontractors. c. Establish procedures for handling recipient complain% and ensure that subcorttractors develop and impterrncrrt complaint procedures to process and resolve client dissatisfaction with services.Complaint procedures shalt address the quality anal tirrreliness of services, provider and direct service worker complaints,or any other advice related to complaints other than terra inatiorr,suspension or reduction,in services that require the grievance processes described in Appendix D. Department of Elder Affairs Programs arrd Services Handbook, The complaint procedures shall include notification to ail.clients,of the complaint procedure and include tracking the date, nature of complaint,and the determination of each complaint. f. Ensure compliance with Client loformation and Registration Tracking System (et IRTS)regulations. g. Monitor outcome measurres,in accordance with targets set by the Department, h- Conduce them satisfaction surveys to evaluate and improve service delivery. IX Reports The Provider is responsible for responding in a tirnely fashion to additional routine andl'or special requesu for infoonstion and reports required by the Alliance. "Ihe Provider must establish due dates for any subcontractors and/or vendors that permit the Provider to meet the Alliattnce's r parting requirements. I. Retrospective Unit Cost Methodology The Provider shall submit a retrospective Unit Vest Methodology to the Alliance annually, no later than qtt 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 reartrbursernernt rates, the Provider shaft make a request in writing to, �wrthticlliarce srod�irlarsemertTatetevtevPolio Policy, by refhrence. 2. Surplars/Deflelt Deport The Providerwill svbrmita consolidated surplus/deficitreport in a format provided by the Alliance teethe Alliance°s Contract Manager in conjunction with the required monthly billing submission,This report is fir this contrad between the Provider and the Alliance,The report veilI include tie folIowing: Page 24 of 67 AA W� a, The Provj*rs detailed plan, by program and service, on how the surplus or deficit spending exceeding the 1%" threshold will be resolved; b. A detailed plan on how t1hesurous or deficit spending exceeding the 1% monthly thresholdwil'I be resolved. The plan must include specific budget numbers to reflecthowthe 111miderplam;tad address the variance. c. Number of clients currently on the wait list(APCLY d. Number of Unduplicated,Client served. In accGrdance with its stirplus,,deficit management poli6es, in order to maximize available ffindiing and minimize the time that, potential clients must wait ror servicts, the Alliance in its Sole discretion can reduce funding awards if the Provider is not spending accordirLS to monthly plans and is projected to ircur a surplus,at the end'of the year.. 3. Volunteer AgOvily Repotl The Provider shall submit an annual unduplicated report of volunteer hours on the format provided I>y the Alliance, The data collection-period,is froui January I —December 31 foreach,calendar year. The data submission date is five(5)working days rol lowing,the close of the contract period. 4. eCIRTS,Repofts� The Provider shall input AA-specific data into eCIRTS,depending on the instructions provided by the Alliance,to ensure eCIRTS data,accuracy. De Provider shall,use CIRTS-generated(oreCIRTSgenerated)reports which include the fbllowing� a, C I ient Reports; b, Monitoring Reports; c. Services Reports;and & Outcome Measures .eports.. e. Fiscal Reports 5. Program Highlights The Provider shall submil, Program Highlights refetenting specific events that occurred in previous, contract year by September 101"'11 of the current contract,year, The Provider shall provide a,new success story,quote,testimonliat,or hurnan- interest vignoc,The hig h I ight s shall be written for age ncra I audience,with no acronyms or technical Corms. For alil agencies or organizations that are referenced in thehighlight,the Provider shall provide as brie(clescription of their mission or role, The active tense shall be consistently used in the highlight narradye, in,order to identify the specific individual or entity that perfornied, 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. 6. Outreach Activity The Provider shaF report on cKitreach activities at least senfl-annually Using to unil'orai reporting format eslablished by the Allbw, UhLr llomial vraqt inclu&the fallmA ing inForniation: number and lypc of pravider events or activities, claw and location,-, total nwnb(.-r o( participaiiis at catch evoni or aactivi.y, indlviOtial service lloods dentirlod: alld rellerral sources or inlbrittatkm provided.. Rerxill-Ls must be subniilled by June 30 and 1kceniber 31 oreach contract year. At wi mininiuni, the minil ollotareach octivitics required tobo completed nvlwall) for the Vrovideirmust he ,,J,e 1erCTIC ccrl,�,Wcrit w011 thi� activitic, ed in the proCLOVITIC111 JOCUPICULS leading to this contract. 7, "Calth and Wellness Rep(Wis Fhe Providcr sliatl m6wit Monthly Progrartunalic Rcport a I"or WDE"I 11)3CCViCC5. 1110 1-10OVidCrShO SUbin it the rnonthly reports with the monihlw billing in,accordancu %witll Section JA' ofthis contract. Invoices skibmilted in acc()r(Janec,%%4h Scct[on 3A oftliis Qollir,act will not by paid unlicss the ipmgranimmie reports ere subinitled s0di the billing, [he Alliance Cantlravi Manager Nvill providc an Lxccl spreadsheet %wjtli flic Following tabs- health and Wcllncs% (one for each iiionth) ucceis. 'Stock (reported only in May); Partnership, (one tab up0ated as needed). and a Staii5tical Drenk(lovoi a. Information provided in the Monthly Prograininatic Repoti rlm t ratk(ch CIR I'S data an(I the Rvqtlest for pay mrn't. b The Provider shall re,wie%v progtani docui,w lltation to ell-soro, dmomcatation is complete and adcquately supports the inforinnflon repaticd on the Monih[Y Prograirlinatic Report, prior to subinitting a RequCst for Pay rticot, I'lle Provider° ^row ill. 41test to the review i10 Ille sectloo of the Monthly Programmatic Page ZS of67 AA-2329 Report rind provide rclvvaot information ricigarding the documentation tis accided e. ProyraIll docunientationi sdiall inclodic all the Mlowing clements: Sign-Irt Sheet or Auendance Lug� flyers or dicnicTisirating, cffbils to rocrui( PMUCI I PaT'Vis, and limmoic E113DI11111 ser%iccs, prlovided.- current fnciditatorecriificitiL-s,COpylof prooraill 0ccit"Ic(ii f ap plica We):and am, forn-is required b) tht: "pecific pruprant. & Provider,shrill cirsaire that program doicurnentation includes a Sign-fil Shect or Attuidarice Log %%4h date. limp'. iiarne ot'prop grani participant nannies,and nanic ofprogratn If[tic Attendance Logdooq not iric[tidv a,space 11or participant sig matt ires.additional program dOCUMCIltati,011 MUStb6nicluled with participami signatuircs that it-latches the participant riameq and dates in Lhic ENcupfimrs wily be approved by Al fiance Conlriact Wriager. Requests intisit be inade in writing i kept wAlti pirogrwn doctinientallon, c, Parli6pari must w,rite and signi flic,it 11,11f1le'Oil pioggram sign-iii sheet or Attendance 1.,og. Atteiidancel.o�s i%itli p,qqjCjppqt jjaqj05 typed Or %,,ritten in by (lic sanic persor ii,011 not he acceptiad as pro_grain doeutitcritatki Ifu p.-wicipant ref"uses or is unable to wwrrte ti-vir 0ii 11ailIV uil,d SiSlli: 11111C ilISUCL1001- Illkly sign b% proxy for the participant%01la no,te on tile sign-ifi shLVL stalhig wfli� it is necessar�, tea tloso(thc note ngecls to be i'llilialicid and dacud), f' The PMvider Silk)I I al.,)W by arlll program fidelitY requirenierts and antittally obsorve delivery ofF111I)PI-IF'Scrvices. ,A note NN ill be i EIC I U(_jC(j inn tille M onthlv 111rograninn4lic Rcpi in tho comments section. Mien a prograni has been obscryvd DocumenuiGoii pet-tain ing to the iiin i III be kept and provide([ to the AI liarICe UP0111 rV(411C.St. g. The Providcrishall contact'tile Al I iance Contmict Manager in(be event cfan ernergency or all exigent circuinstarice where fl-w provider is unable to mahitfirt an aslicel of fidelit , of Ilic EBID11 11" services olinimuni or maxirritur nuinbur DI"parficiparas) bi the end of the n%orksjjopr At the discretion of(tic Alliance Contraiii Manai;4ewri.the service niny be reinibursed under tllr$C,Dntract, hoc kc ei% k1hc Welity infiraction,is discovered afier (Ile prograill has finislw-d, during the Request tbr ftyment Process or a, desk revimii.. the Provider niag not bo reirribLIT'sed ror Ilia` voarkshop orsh all he reqAOSIC(i to,reinihi 1ho Alliance dio,cost of tho wwOickshop. In.. Tliv, Provider %hall colhkoratQ a[ld pornler w0j argivii/ations to extend t1le reach of 11.130111111 services, ll,artnerships shall be &nigned to StinlillIMC innovation ornew itild UtMliCS irl Mr)VI41' SC17V'iCe�. (je,iiiirejolpjj),eujt ofgreotcr"ipacily,am)leveraagge other lwandsn,p sources. Varinci-ships,shlill also address b!'iWing and SUS-Wioillg, W-1 irki"ras(ructure for the disscininafiml eat" I-BDPT,IP WrViCiCS, This incILWeS, hN, iS 11W lirlMled tea, tlrtd partieipat*,,coiiiii, Costs liar' licooses. and replicating prugr fidrlit). I -; itill i. Tlie llrovider shall 4L]octiiwerti, and provide to the Alliance upon r-ccItivst, evidicrice Dt`p4ruiQrAiips cr=ed Fbrnlall� illirioug,li Mcinonanda Prow ides%%ill be requirQd to keep,track ol7pannerships,in ihe Molaltlg lawn rrnanaatn;ntic Report. Ii nionih the Provider shall re vie%w and provide opidaics as llikM RWV, 8, Florida Elder Law Program(F'ELP)Report The pi of the FELL reports is to collect consistent and standard data to illustrate the range and type of legal asstsiance provided by the'Proyider to older,peT"- s in social or economic need. Providers funded for Legal Assistance shall,submit the'riodda Elder Law Program(FELL)reporl artnual ly to the Alliance in the format prow[died by the Department to ensure that legal services reached the targeted groups and served the priority issue areas described in Attachment 1, Section 1.4.1 of this coruri The Provider shall coropile and repoo data Using the definitions and specific instructions provided by the Department and tile Alliance its(lie FFY 2,11022-2023 Floi Elder t,aw Pro,gram, Data,Collection Handbook. The reporting cycle for the PrLP report is from October I to Septerriber, 30"1". The FELP Report includes the following areas • Cascs and Client lorormation * 0AAll"Complaint Case kcpor(A * Case Examples Education Log Referred From Data Publications(optional) • Uninct Needs(optional) **lrtdividoal clients are to be counted only once per calendar year, Reports must be summited annually to the Alliance by October 1511, Page 26 of 67 AA-2179 E. Records and Documentation L Requests for Payment The Provider shall maintain documentation to support Requests far Payment that shall be available to the Alliance,the Department,or other authorized agencies and individuals surh as the Florida Department of Financial ,'services (DFS), upon request. 2. eCIRTS Data arid Maintenance: The Provider shall enswire,on a monthly basis, co[lection and maintenance of client and service informartim in cORTS, 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 infbrtnation processing capabi fitics.The routine backing up of all data,and sollware is required to recover from losses or outages of'the coin pule r.systern. 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 stored in a secure,offsite location. 4. Policies,and Procedures for Records and Documentation: The Provider shall maintain written policies and,promdures for computer system backup and recovery and shall hawse the same reqairement of its Sobcontrattors. These policies and procedures shall be made available to the Alliance upon request. F Performance speeifications 1. Outcomes At a,rninimiurn,the ?rovWer imust. a, Ensure the provision,of the services described in this contract are in accordance,with the current D,OEA Handbook and Section II.A.and Section ILD.of th,is contract; b. The Provider shall timely submit to the Alliance all reports.described in Section. IL D of this contrw� c. The Providershall maintain,all Inronnation described in Section ILL. of this contracc, I The Provider shall ensure the prioritization and service provision ol"cliencs in accordance with,Sect on 11A.2 of this contract; e. The Provider shall timely and accurately s6bmit to the Alliance Attachments IX,X and supporting,documentation in accordance with Attachment IIII of this contract, 1. Criteria ,a. 604of new scrvke reripienitswith high-risk nutrition,sceTcs will improve,their nutritional status. b. 0%of new service recipients will maintain or improve their ADL's assessment score. c. Q,r'- of new service recipients will ma[aa n or improve their IAUL's assessment score. d. 89%of family and family-assistcd 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 throe lclepWne, in, writing, andlor an on-site: visit. The Alljance*s determination of acceptable performante shall be conclusive, The Provider agrees to cooperate with the Alliance in monitoring the progress orcompletion of the service tasks and deliverables. The Alliance may use,bar is not limited to,one or more ofthe following,rnethods for moriituying: a. Desk reviews and analytical reviews; b, Scheduled,was6c"cd,and fo llow-tip am-site visits, r" Client vlsils�' Page 27 of 67 AA-2329 d. Review of independent auditor's reports, e- Review of third-party docurnents and ior eWoation; f Review orprogress reports-, g. Review,of'customer satisfaction surveys, b, Agreed-upon procedures review by an external auditor or consultant; i. Limited-scope review5;and il Other procedures;as deemed necessary. Q Provider Responsibilitir-s I. 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 andJor Entities; Notwithstanding those services for which the Provider is held accountaWe involve coordination with other entities in perfonning the requirements of the contract, the failure of other entities does not alleviate the Provider from any accoantabifily for tasks or services that the Provider is obligated to perform pursuant to this contract. 1. Al l to nce OW igations; The Alliance may provide(cchnical support and assistance to the, Provider within the resources of the Alliance to assist the Provider in mecting the required,tasks in the above Section M 2, Alliance lac 1cminations- 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 ofirigbts does,n,ot rnean ihataWolhcr areas ofthc contract are subject to mutual agreement. SECTIONAM METl40D()FPAVMCNT A. Payment Metkads. Used The Method of Payment for this contract is a,combination,of fixed fCV"Unit rate,Cost Mirrnbursernent, and Wvanrc 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 I land in ai=,ordance with other terms and conditionsof the contract, I. Fixed Fe Unit Rate Paym ent for Fixed F'eo Unit Rates.shall not exceed amounts established in Attachment VI I,per u n it of service,. 1 CDst Reimbursement Payment may be authorized, only for allowable expenditures, which are, in accordance with the services specified in Attachment V11, AM Lest Reimbursement Requests for Payment must include the Receipt and Expenditure Report beginning with the first month oftbe contract, 3. Advance Payments, Non-profit, Providers may request Ei inionthly advance for service costs for each ofthe, first two months of the cDnIract ptried, based on anticipated cash needs, For the fist month's advance,request, the Provider shall pcov&lo the Allialice documentation Justifying the need f r an advance and describing how the funds will be distributed. If the Provider is requesting two (2)months of advances,docvmentation,must be provided reflecting the cash n"ds of the Provider within the initial two (2) months and should The supported through a cash-flow analysis or other inforrantion appropriate to demonstrate tho Provide�r's financial need for the se and month of advances, The Provider must also describe how the funds will be distributed for the first and second month. If suftient budget is,available,and the'Depariment'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 paymentsafler July, Ist of the contract year. Page 28 of 67 ,AA-23,29 All advance payments made to the Provider shall he 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 (Aftachment XI), starting with the invoice submission of the: third month activities and billing, in accordance i4ith the Invoice Report Schedule(Attachment JX), Interest earned on advances must be identified separately by source of funds,, siow 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. 8, Method of Invoice Payment Payment shall berrunde upon the Providees presentation afan invoice subsequent to the acceptance and approval by the Altiaoce of the deRverables 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, providod in confmmance with the requirements as,described in,the DOEA Programs and Service% Handbook,and at the rates established in Attachment vn o r the contract. Documentation of service delivery must include a report consisting of the following;num cr ofclients served, number of service units provided by service,and rate per service unit with calcuWtions that equal the total invoice amount, Any change to the:total contract,amount requires a formal amendment. 7, The Provider shall consolidate all Subcontractors' Requests for Payment,and Expenditure Reports that support Requests for Payment and shall submit to the Alliance using forrns Request for Payment(Attachment IX),Receipt and Expenditure Reports(Attachment,X):f6r all'services, 3, All Rcqucsks for Payment shall be based on the submission of monthly Expenditure Reports beginning with,the first month ofthe contract. The schedule for submission of advance requests and invoices is Invoice Schedule, Attachment VII I-, 1 4. In the event that services were not billed during the regular billing cycle,the Provider may request payment Nor services no later than 90 days after the month in which the expense was incurred, except that requests "rnot be made after the contractcloseoutdate. Request for payment of services rendered 90 days after the month In which,the expense was incurred will require approval of the contract inarager,prior to the billing of such incurred expenses. Late service billing requests swill not be paid unless justification is submitted and approved by the contract manager; $, T'he Provider shall maintain door mentation to support payment requests which shall be available to the Alliance, the Depariment,and;the Department of Financial Services,oar odd authorized,state and federal personnel upon rcqucst,and 6, All payments under the terms of this contract are contingent upon an annual appropriation by the 1-cgislature,and subjcct to the availability of funds, C Payment'Withholding and�or Financial Penalty Any payrnent due by the A lliance 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 disaitowance no(resolved as outlined in this Contract, In addition,fear 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 Alfiancc, 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. M Finall Invoke Instructions The Provider shall submit the final Request for Payment to the Alliance no later than 30 days after the contract period ends and its referenced in Attachment V111. 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 days aver the contract, is terminated. If the provyidff fails to do so,all right to payment is forfetted,and the Alliance will not honorary requests subirriftted afterthe aforesaid time period. E eCIRTS Data Entrim for Subcontractors The Provider must require Subcontractors to enter all reqtdreddam for clients and services in the eCIRTS database per the DOEA Programs and Services Aandbook and the eCIRTS User Manual-Aging Provider Network users(located in Documents page 29 of 6:7 AA-2329, an the cCIRTS Enterprise Application Services), Subcontractors must entcrihis data into,the cCIR`rS prior to submittingtheir 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 eCl FATS Reports The Provider musi roan monthly eCIP.TS reports and verif, client and service data in the e0kTS is a"urate. This report roust be submitted to the Alliance with there unthly request for payment and expenditure report and must be reviewed by the Alliance be fbre the Provider's request for payment and expenditure reports can be a Wo ved,by the A I h once IV-SPECIAL PROVISIONS A. Provider's FinaneW Obligations 1. Male him g,Level or E iYort,a n d E arma rking 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 I I I D. The match w i I I be made in the form a f cash an&or in-kind resources, A t the end of the con tract period, all funds through this contract,except fbr Title H ID must be properly matched, 2. Managernent and Use of Service Dollars and Continuity of Se"Ite: a. The Provider is expected to spend all funds provided by the Alliance for the pwTose specified in this contract, Tire Provider must manage the service dollars in such a mannci so as to avoid having a surplus of funds at the end refute contract period, If the Alliance determines that the Provider is not maximizing available funding, the Alliance, in accordance with, its 'Wrplus'Dcficil Fiscal policies, may transfcr bands to othcr Providers and-or adjust mbsequent funding allocations accordingly,, 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 oravailable reiour"s,the Alliance has established spending authority as identified in Budget Summary.Attachment V11. I'hc ,Prov°iderisrespla�iisibilefor managing the spending authority so that a continuity of service can be maintained for the maximum number of consumers.The Provider agmes to assume,responsibility for any contractual deficit that,may be incurred. 1 Consurner Contributions Consumer contributions are to be used under the following terms: m The Provider amurescomplianuc wit1h Stow 3 15 of the QAA as amended in 2006, In regard to"nsuincr Contributions; lb. Voluntary contributions are not to be used for cost sharing or rnatching; c. Accumulated voluntary contributions are to be used priGr to requesting federal reimbursement; and d, Voluntary contributions are to be used only to expand services, 4- Budget Sttmmvry� The Alliance has established a spending authority based on services and rate detailed in the SPA and the Budget SummaTy, Attachment VII,and any revisions ihercto,approved by the,Alliancc. Any changes in the total amounts ofthe funds idcn,tiricd on the Budget S um rnM require a contract amendment. IL Remedies for Nonconforming Services 1, The Provider shall ensure that A goods andlorservices provided under this contract are delivered timely, completely and commensurate with required standards of quality. Such goods andlor services will only be delivered to eligIble program participants. Page 30 of 67 AA-23.29 Irthe ProvIder fails to, meet the prescribed quality standards for services, such scrvices will not be reimbursed under this contract.In addition,any nonconforming oods,(includirn horrre delivered meals)and+ar services not mecti rig such standards nrlsrds will not be reimbursed under this contract. The Provider's sigriahze on the request for payment form certifies maintawce of supporting documentation and acknowledgement that the Provider sell solely bar the casts associated with preparing or providing nonconforming goods awnWor services."flee Alliance requires immediate notice of any siugrtificant and,'or systemic, infractions that cornp'Mamise the quality,security or continoit 'ofserviccs to clients, + . Invruestig;atiou of Criminal Alleptions 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 seat to the Alliance which will in,turn forward the information to the Department. if the Alliance has reason, to believe thaut the allegations will be referred to the State Attorney„ a laws enroroernent agency, the United. Status A,to,rtte 's office,or other govermental ageney,the AlliaunnnWe shall notify the Inspector Oeneral at the Department immediately. crispy of all documents, reports,mattes or other written material concerning the investigation, whether in the possession of the Provider or Subcontrators,must,be sent to the Alliance which wwi l l in tarn send the material to the M etnt's Inspector General with a summary of the investigation and a,lIegat ions . R Volunteers, The Provider shall,ensure the use ortraitned volwrateers in providing direct services delivered to older individuals and individuals, with disalbil ities needing such services.,I;fpossible,the Provider shall work in coordination with ur,gonirutions that have experience in providing training,;placement,and stipends ror volunnteews or participants(such as m nizatiomas carrying out federal service programs administered by the Corporation Eor l` ational and Community acrwicc), in community service settings. E. Use ofS rvive Dollars and Management of Assessed Priority Consumc r List The Provider is c peeted to spend all fcderal,,state, and other funds provided by the Alliance for the purpose specified in the contract.11he Provider must manage the service dollars in suuc'h,a manner so as to avoid hawing a surpius or funds at the end amine contract period, for each program marua,ged by the Provider.The Provider understands and agrees to the reallocation of funding as described in Attachment 1, Section II.E„ .ofthis contract. i 1 Page 31 of 6 AA-2329 ATTACHMENT 11 ATTACHMENT It FINANCIAL A,ND COMPLIANCE AUDIT The administration ofresourm awarded by the Alliance to the provic cr may lie subject to audits and/or monitoring by the, All ianocandix the D"nent as described in this section. I. MONITORING Mn addition to reviews ref audils conducted in, accordance with 2 CFR Part 2010 (formerly OMB Circular A-133, as revised), and s� 215.97. VS.,(see "AUDITS" belaw), monitoring procedures may include, but not be litnited to, on-site visits by the Alliance andior the Department staff, lim,sted scope audits as dented by OMB,Circular A-1 , as revised, and'or other procedures. By ente6rig into,this agreement, the Provider agrees to comply and cooperate with any monitoring: procedurev'processesdeemed appropriate by the Alliance. In the event-the Alliance andr"or the Department determines that a limited scope audit Qfthe Provider is appropriate, the Previderagrees, to comply with any additional instructions ptovided by the A l I i a n c e an dior (he 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!or the, Department. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if lie is a State orlocal goverament or non-profit organization as defined in 0MI3 Circular A. 133, as revised,. In the event, that the Provider expends, $7$0,000.00 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 PF R P a r t. 2 0 0 . EXHIBIT 2 to this agreement indicates federal resources awarded through the Alliance by this agreement,. In detennirting the fedcralawards expended in its, fiscal year, the provider ;shall cons ide r all Ap 1jr— &S_s of Federal awards, including fcdcral resources received from the A I I i a n c e. The determinatior of amomrits of Federal awardsexpended should be in accordance witb the guidelines established by 2 C F R part 200. An audit of the F r a y ides conducted by the Auditor General in accordance with. the provisions of 2 C F R P a rt 2 0 0, will Meet the reqUiTJ!MentS Of this part, In coninection with the audit requirements addressed in Part 1,paragraph l,the Provider shall fullfitl the requirements relative to au it responsiibi I itics as,provided in 2 C F R P a r t 2 0 0.5 0 8, If the Proviticr expends less than S750,0001.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions oft C F R P a r t 2 00, is not required, In the event that the Provider expends less than S750,000.00 in,federal awards in fits fiscal,year and elects to have an audit conducted in accordance with,the provisions oft CFR Part 200, the cost of the audit must be paid from non-federat resources (I.e., the cost of such audit must be paid from Ptovider resources obtained from Other than federal entities.) An audit conducted in accordance with this part shall, cover the entire organization for the orgainizations fiscal year. Compliance:findingsrelated to,agreements with the Alliance shall be based on the agreement's requirements, including any rules, regulations, OT statutes referenced in the agreement, The financial statemews shall disclose whether or mot the matching requirement was met for each, applicable agreement,. All questioned costs and liabilities due to the Alliance andjor the Department shall be fully discicGed 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( 2 0 it�5 10, the:schedule of expenditures of federal awards shal I identify,expenditures by agreement number for each agreement with the Alliame inefferA during the audit period. Financial reporting packages required under this part must be submitted within theg_qiier of 30days after receipt of the aWitreport or 9 months; afler the end of the Provi deesfiscal,year end. Page 32 of 67 AA-�329 ,PART 11- STATE FVNDCD This part is applicable if the Provider is attain-state entity as,defined by s,W.97(2), P.S. In the event:that the Provider expends a total amount of state financial assistance Ndotal in or in excess Of S750,000.00 in any fiscal year of such Provider(for Fiscal years ending,September 10,2004,or thereafter),the Provider must have a State single or project- specific audit for such fiscal year ire accordance with s, 215.97, F'.S.;applicable rules ofthe Depatimem of FjnanciialSerOces; and Chapters 10, 0(local governmental entities) or 10.65C(nionpircl'it and for-pros fitor; anizations), Rules ofthe Auditor General. EXH I SIT 2 to this 48reementi ridicates state Financial assistance awarded through the Alliance by this agreement. In determin ing the state Financial assistance expended in its fiscal year,the Provider shalll consider all sources ofstate finaxicial assistance, including state financial assistance received frorn the Alliance,other State agencies,and,other non-state entities.State financlol assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for raderal program matching requirements In connection witb the aucilt requirements addressed in Part 11, paragraph 1,the Provider shall ensure that the avAil complies with the requirerntnts of s, 215.97(g), F.S. This includes submission or a finamial reporting package as defined by s, 215.97(2), F.S., and Chapter 10.550 (local governmental entities)or A6510(nonprofit and fer-profit organ izefions),Rules,of the Auditor OcricraL Ifthe Provider expends less.than$7,5000,00 in state financial assistance in its fiscal year(for riscal years ending September 30,2004 or thereofter),an audit conducted in accordance with the provisions of s, 2 f5,97, KS.,,is not mquired. 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 previsions ors. 215.!071 F.'S,,the cost ofthe audit most be paid from the non-state entity's resources(i.e., the coast fr ,,il an audit must be paid from the Provider resources obtained from other than State entities). An audit conducted in accordance with this pail shad cover the entire organi2ation for the organizatilon's fliscal year. Coinpliance findings related to agreements with the" Alliance shall be based on the agreement's requirements, including any applicable rifle,, regulations,,orstatoles, The firrancial,statements shall disclose Whetherror not the matching requirement was met For each applicable agreement, All questioned costs and, fiabiWies due to the Alliance shall be fully disclosed in the audit report with reference to the Alliance agreement involved. If not otherwise disclosed asrequiredfay Kule69I­5A,3,F.A.C,,the schedule ofeWnditures of state financial assistance shall identify expenditures by agreement number for each agrecirrent with the Alliance in c0cict during the audit perio,d. Fi-nancial,reporting,pa lunges requirvd,under thiis,part inust be submitted with In 43 days after delivery of the audit report,beat_. no later than 12 months,after the Provider's Fiscal year end for local governmental entities, Non-profit or for-profit organ izat ions are required to be submitted within 45 days after delivery ofthe audit repor%but no later than 9 months after the Provider's fiscal year erid. Notwithstanding the applicability of this portion, the Alliance retains all right and obligation to monitor and, oversee the performance of this agreement at bUtlined throughout this document and pursuant to law, 11. 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 aArecment shall be submitted,when required by,2 CF'R Part 200.512,by or on behal f of the Provider directly to each of the following.- TbeAlljonce at each of the follo�wing addresses: A I'llaurice for Aging, I tic, Attn: Fiscal Department 760 NW 11071h Avenue Suite 214 Miami, FL 72 ror lis,c a I year 20,13 and ca rl I c r to the Federa I ,Audit C leari ilghous r! d c.q ignated in � C I`R,§2003 6 At the fall w i ri g address: Page 33 of 67 AA-23,29 Federal Audit Clegi-highousic Bureau of the Censw, 12,01 F,u%t 10"'street Jeffersoniffle, IN 47132 For fiscal ),L%Ar 1014 and latter`, Pursuant to 2 CFR §200.5 1'2, the repotiinc, p ickaj;t-wid the dala collection 16-ni must be stlbllliaed Cluctrollically to the Vedcral AuJil ClcuririghOUS�, 11tirsuaiii to 2 Cl"R 200.512, till adwr Federal agencies. rNiss-Owowlll C1160csandothers inwrestcdi17,a MpOtlillg package and dain collwion Corm rrus(obtairl it,b) accessing the Federal Audit Clearinghouse, 1,11V 111rovIder sliall Submit at Copy of till) 1111111agenient ICttc,r issued by the auditor., to the 1.lorida Depamnent Ol't,lder A IT,,i i r,. Nr i a I h c A I I a r i cc, art thc R)l I(,)%�i n g address: Alliance for Aging, Inc. Atm., Fiscal Department 760 NW 107"Avenue Suite 214, Miami, FL 33172 Additionally, LOPiCS kiw'fwartcial rejvrtiolt packages required b." this cowract's I-Juaticial Compliance Audii Attacliaient, Vail 111 shall be submitted by or on behaTohlw Vw%,idcr4hu4LW each o0he (bilowilig: 111C Flol k1a, DUPArtwc"I O'lilder All"aii svio Oie,Alliarwc�. aV flie tblloo ino42 adldrc~a-% Alliance for Aging, Inc. Alint Fiscal Department 760 NW 107"Avenue Stike,214 Miami, F'L 3172 1 lie Atiditor Gencral"s 01'1°rc,e at the hig Marti*of Fl ori d a A u d i W r Gov lie ra I Claude I'lepper Building, Room $74 111 West Madison Street Florida 32399-145Q Any l-cpovh.marialwmunL fulicr. ur OtherinforniaLion rc+6rud to besahtflmd to darn0cpartment pursuant try dais conwact C 51WI bc subtitled thiicly in accord ancexith 2 C1.-rR Pam 200, Florida Statute& and Chapters 10.550(locid govel-nincival emiks)or 10,650(ilunpwri( and 1-or-profit organ /afions), RUICS ofthe AuditorGoicral. asapplicable. Rroviidcri, whCri submiI6112 11rianchil reponing packages to the Drepirtntert for n,udits done,in accordance w%ith 2 Port 2 W or C ha r)tc rs 10.5 O(I ocalgove rn noc rl ta I c ilt i I ics)o r 10.630(non pro rit,and for-pr 0 111 t Org an iai I!,oil$),R ii I es u I't lie A u d'11,01, Ce ocra I�should I nd i ca Le the daw I h at the ro�)or t i n g Ime kage v%as det i Y-cred to I Iic Pro v i dt r i r I COFTeSPO I ILIC 17,Ce RC C 011)PI tly i ng d ie re pan i n g pac kage. PARTJV. RECORD RIETEN'riON tlie Providershall retain SLIffiCient itscor"Pliance%with Ific termsot'diis contract fora periotlofs!x (6) years Froin the tiate the ,audil report is issuod", arid shall allo,r% the Dqartmicat or its Icsigrice, thc, C1'O or Auditor General access to such rmwds upon mcloest, Tlic Provider shall err tyre that Budit workinty papers are inade availah�e to the Alhance an(Vor the Depariment or its dcsigocc, CF0. or Awiitor Gcricrdl tipon requesi,, for a poriad arsix (6) years ti-om flie6tc flwaudit report is issuud,,, un[ess cxicndcd :nxviifiag by the Department. Page 34 of 67 AA-2329 Al"TACHMENT H FINANCIAL, AND COMPLIANCE A1JDVr ATTACHMENT EXHIBIT'l PART I: AUDIT RELATIONSHIP DETERMINATION Prov Jers who receive state or federal resources may or may not be subject to the audit reqUiVerflents of FR Part §Z00,500, andVor s. 215.9�7, F.S.. Providers who are determined to be recipients or subrecipiems or federal awards and/or state financial assistance may be subject to The audit requirements if the audit threshold requirements set forth in Pan I an&oi Part 11 of Exhibit I is met, Providers who have been, determined to be vendors arenot subject to the and it requirements or 2 CFR Part §200,38, and/or s,.215,97, F.S. Regardless of whether the audit requirements,are met, Providers,who have been detertri ined to be recipients or subrecipients of Federal awards andVor state financial assistance must comply with applicable programmatic and fiscal compliance requirements, In accordance with 2 GFR Part§200 and/or,Rule 691-5.006, RA.C.,,Contractor has Inert deteTmined to be:. Vendlorinat subject to 2 CFR Part§200.38 andiors,215,97',F,S. Recipientisubrecipient subject to 2 CFR Part §200.06 and §200.93 and,4or a. 215.97, F.S. Exempt organization not subject to 2 CFR, Part §200 andVor & 215.97,F.S. For, Federal awards, flor-profit orgailizations, are exempt; for state financial assistance projects,public unNersities, community colleges, district ,school: boards, branches of state(Florida) Movernment, and charter schools are exempt, Exempt organi7AIions must comply with all. compliance requirements set forth within the contract or, award document. NOTE:� If a Provider is detennined to be a,recipient/subrecipient 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 691-3006, RA-C, [state financial assistance] and 2 C FR. Part §200.330[federal awards), PART 111., FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS.Ptoviderswho receive Federal awards, state maintenance of effort funds,or skate inatching,funds on Federal awards and wbo are determined to,be a s0mcipient must, comply with the following fiscal laws,rules and regolat iotis: STATIES, LOCAL GOVERNMENTS, AND INDIAN TRIBES MUST FOLLOW; 2 'FI Part §200.416-Cost Principles* 2 C FR Part §200.2 0 1- Ad ministrative Requ irem ent e 2 CFR Part§200.500- Audit Requirements Reference Guide for State Expenditures Other fiscal rcquirements, set fbrth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLW 2 CFR Part§200A00-A1 1-Cost Principles* .CFTC Part §200,,100-Administrative Requirerneats 2 CFR Part §200.500-Audit Requirernent,5 Reference Guide for State Expenditures other fiscal requirements set forth in program laws, riles and regulation$ Page 35 of 67 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 CFI. Pan §200,500-Audit Requirments,Reference G)uide for state Expenditums Other fiscal requirenmis set forth in,program laws,rules and regulations *Sorne Federal programs may be e?wrnpted from compliance with the Cost Principles Circulars as noted in the CFK Part §200.4,00(5i)(c). "For funding passed thro�ugh IJ,S, Health and Human Services, 45 CFR 92; for funding passed, 1hruugb U,S. Dcparlment af'Educ4on, 34 CPR 80. STATE FINANCIAL, ASSISTANCE. Providers ulio receive state firsancial assistance and who are determined to be a, recipieno'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 fbr State Expenditures Other fistalrequirements set forth in program laws, rules, and regulations The Remairiderof This Page Left Intertionally 811ank Page 36 of 67 AA- . : ' ATTACHMENT 11 FINANCIAL, ANO COMPLIANCE AUDIT ATTACHMENT EXHIBIT 2-F1I.NDING SUMMARY and s.215,97, I`S"acquire UJUJ irfibanafion about Federal Prograrnsand Static Projects incluidel in ATTACHMENT 11, 13,01W I be Provided to k incipient.Infomalion contained i;a prvdictioin offurAng sourccs and r0awd amovals bawd on Ot contracl bad el,, 1, FEDERAL RESOURCES,AWARI)EI.) IOl'tlF'SLjl'iRECIPIENT 13JRSUANT TOTHIS CONTRACTCONSTST OF THE FOLLOWING: ......................................... ............. PROGRAMT'ITLIE FUNDINGSOURCE CFD,A AMOVINT Older Americams Act U S.11calih an-d,11timain Serkes 93.044 $123,728,64 Tkic III B—Support Scrviccs Older Ammicans Act Tille IIIC I —ComErtgale Meals (),& Htallh and HurnanServitts 93 A4 5 $167,.02,3.3,5 ................- Older Americans Act U.S, l4cafth and human Serviocs 93.015 $255,19t.66 "rifle IIIC2_Planes Dclivemd Meals Older Armc6cans Act Title III LJ.S. l4callh and Iluinall Services 93,043 D ............. Older Arme4caris Act Ciiiv IIIF--Caregiiver Support Scrvivvs U.S. licalth and Humain,Scgvj;;cs 93,052 $157,189,86 Title IIIEG—Caregiver Suppoyi Services I Itlic III ES,—CarS&ivcr Set ppor(Scrvices Older Ameficans Act U.S.Health and Human Se rvi.ces 93.053 $38,540.?5 Nuliftion Services Incenfive Pr2gram TOTS FEDERAL A WARD S 741,663,26 COMPLIANCE REQU I REMENTS A PPLICABLE 1`0 17EV ERAL RPSOURCES A WA RDF0 PIC RSUANT TO,11i IS COVI-RA CT- A RE A S FO L LOWS: LCULB4 I,MUM: 2 CFR Part 200-U nj for in Adim i n is I rat ive Requirements, CostPrivic ip tes,and Audit Requ i remerils lor rederal A ward s.0MR Circ u ha r A-133 Audits of Slates,Local Govem. mcnits, and Nbli-Profl Organizations 2. STATE RESOURCLS AWARDEDTOTOIL RECIPIENT PURSUANT TO'n IIS CON'l,'RACI'C'ONSIS'I'OF'1'1,lb. FOLLOWING: MATCHING RESOLICES,FOR FEDERAL PROGRAMS PRQQkA M, E FUNDVING SOURCE CrDA AMOUNT 7'011.AL S'r I'ATE AWARD STA'm nNANCIAL ASS ITANCE SUBJCCT TO sec.215.97.F.S. PR0QRAMnTLL ruNomt souRcc AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICADLE TO STATE RESOURCE.S AWARDED PURSUAN'r TOTBIS CONTRACT AREAS POLLOWS; Section 215,9T F.S,. Chapter 69M. F,A,C,.. Reference Guide for State ExpendRums. CXher fiwat requiremerilsset forth in program laws,rules arWrepulatians, Page 37 0'67 A2329 ATTACHMENT111 CERTIFICATIONS AND ASSURANCES D01,A willmoL a%%ard this Cularact oinless the Providek ,compleles these CU R.1 111CA I [IONS AND ASSURANCI,.S iri perfornianee o t'ilfl q coil tract. ThcProviderprovides Lite A. DebarmenilandSuspension Cer-lification (29 L,FRI'mrt 95 uuLt 45 !rfj� PREJ 7"i.) B. Certification Ile g,at-ding-_Lu,b'4ving_L29 CER 1!#,r-t,93 .and 45C'F1R,I11a,r( C. Nondiscrimination & Equal OUI)ortuniU Assu,rance (29 CFR Paij 37 and 45 CFR Part 90) D. C ti rc tamm-rd-Jup. Public cn(ft-v criums. scetion 287.133, F.S. E. Associatipil-of-C p w giz;1fi g3j JA:CQ RN). -pinnig ij3, Q_rg L g_pj [2K a2farill N As sera nce Tub.L. 11 11-117) F. .Cgritifluition Etc garding-$cirmlinizeil Companies Lists, section,28,7,135 FS G. Certification. Regartlipl Data I Wegirity complia nee fbi- 4_!jtj_, Loans and Coop era live, Agr:_ccments, H. Vorifiration of FmpllrLv ment Slatu% Cerfirwati,on 1. Reconis andl Documentation .1. !gertificaflost Ilegai-ding 1nsvvqjL)g !M,121ic_ _Records A CERTIFICATION REGARDING. DFBARMEN'I', SUSI'LNS10N, AND OTI-ILR RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION. ]"lie undersigned Pro%ider-corlifics to ilie hest ol'its, kim"ledIn and befiel' deal it and its principals: I, Are riot preselidy debarred, sLv-,pvndcd,,, proposcd 6or dcbAru ient. declared inelligible, or volumaril) c,%.cluded from covered tranactions b as federal departrutem or agcnq,,d 47 L 1 layc itot "ithin a thi-ce-year Inriod precedinfL ks,Cojitracl, becri,com icted or had arc ivi1judgweviL rendered against Illem f6rcoininission offr�aud or a c6ilinal offense, in colillection with obiitining, auciviptiog toubcoin, or performing at pLiblic (Vederal, SWIQ, or local) traltsactioll or co.lityact tilider o pub is jraosac6wr. violation of 1'ederal or State an,14rusT slal,ukes or cominission dieft, roirgery, briber), fallsiricalion or destiliction orrecords, makime false stotements.(it receiving stoleti, propCrly� 1 Are not presenflN kidicted or othenvise orimiiiatl) orcivilly charged by an government.entity(I-Weral. Slateor local) vith collivillssioll ofany of(lie offenscs enuincrated hi pan-raph A.2., of this cemificatiow andior .1 4. Hove not, NNiifiin a t1tree-year period preceding 111k, LAPP'll i Cal iern propus'a I had ooe or more public trap ac6oni J'ederal. State. or local) terminated for cau.se ot'defindt- "I'lle undersignud shall require thal kulpage of this wrtiflivatioll 11C illcloded ill dic dommu'lits for all subcontracts at 511 liel-S vcndors. stab-granm and coutracts under grams. loans nod, coopera(iVe agMeMcllts) 'Page,38 of 6 7 AA-2329 and ilial: all sub rccipdcnts and contractors sli all provide Ibis ccrtificaflon accordjngl H. CERTIFICA"TION REGARDING LOURVING - CERTIFICATION F Olt CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEM EN-rs. The undcisigned Providu certillm to the besi of" its knowledge and bell id". thav, No, Federal appropriated fiords have bcon paid or " ill Ix, paid. h or oil beliall'ofthe, midersigticd, to any pl For lulluiencing or attempting to, int'lumee an officer or Qnlploycc of'Congrcss. oran C111ployce of a Member of Congress in Covillection "vidl the awarchrie,il Federal contract, the niaking ol"all l"oderal gril (lie tlwkin!t l` aq I'lederal loan, the emerhig, into or Ally con perative agree men t . and (Ile extension. etiamfiaauramtiriai, rl al. amcniclinil or modi Ficmill of ony Federal clovilracl. graiit, [Data or cooperative agroement. 11'an) Rivil other (lean 1"i:dcral appropill funds have been paid or will Ifni; paid to any person Jbi kJ1ilclliciiq,1 Or atteinp(ing to innuencle an ll or empNo� :e of sny a,�Wnc�- n Meillber of Collgress. all officer or elnplo�)�Cc (if Qwigil or ensployce of Mumber of Congress Ili ec-)tmeeflon vith as Vedurol cowcact, !,mint, 101w or Cooperative - H.l-, 'IL , d sktlrniilStandal Form "Disclil 1,orm to Rcporit J'rcejwnt� dic mIlICT'Sigli'll silaill nIq0 Complete all .obb) in accoil w4h its instructions, Hie tmdersifsncd shall require that I'lliplage Of this Cl fioation he hichifice in flee dockinients, 11w all uibcontril as aH ticr,,l,(including submitrads. sub-grants and contrac(s, undw gravts, loaus. and cuoperative agrulununits) and that ,fl] �.u b- rco ipivii is nod ooijlrac toi-5, shay I ce i1i fy aril 0 is lose uQord i ng 1). Ill u%ccrd I'lCat ion i,; a I'll alci�kd reprcmi iat ion, Of f-Ul U pon N%I)ich refinin Q was placcd %%licil W i `antract 'Was il'i adc oriellitewdinto. 'Sil Iss 11ol Io f rims Lxrfi I Ica Lion Is 11 preril u klw fear mak Ing or ewer-in- into fli is Coultraot im pa""e'd Ices tham:au t�.�� rued aaumt aaau�rac pliaum "'I��.�fa� firm Bala.aauacfm fraaiNuure. C. NON-I)ISCItIMINA'flOiN & EQU'AI, OPPOR'T'UN-ITY' ASSI]IIANCE (,29CFRI)ART37A NI) 45 "Fit Plo%idel as.)iircsthall it, vwillcowpNy full5 v itli [lie 11011discrill I Ina 0 kill] amid eq"at opt)('31-111 11 prov Is loll%ut,the fi)I llo %In g I EI wN S: 1. sectioli 188 ol,111C workf"Drcc Invostment ALA 01" 1998 (WIA,). (Pub, 1- 105-220), wHch pril discriniiiunlion agminst afl individuals in flic United Slates Oil the busisofil l r0igion,, 5,e.N wationsil oil agc, di'sabihity, Political arl-flimion. or belief. relied 114,ninst benel'ill oll the NaMs 0f'either clifl/ensl I ip sla lus as a lzm AI113 adillitwd, inimigrant authorized to work in (he Unkcd State or participation iv, tans WIA I itic 1� financlisill) assk(ed program oracLiN ity, 2. Title V1 of(he CivH R lits Act of 1964 JNIb, 1— 88-352). as amlendled,, and ail requinnil.. iii-tiposed 11y 01, purstlant to (lie Regulation orthe Department offleallilt all(], Fluman Services (45 CFR ]),art 80). to the end that, 41 accordance with Uille V1 of that Act al flip Regulatil Ili) plon,wn ill the United States shall. oil (lie ground of race, color. or national Origin . be exclurled From pdrikipation in. lie, denicit the benefits (it". or be otherwise SU b:jected to disc Hill 6at ion under any program or activk), for wA hicli flit Appli,4un( m:il I-Meral Fhmicial as%imance I)-01)1 11il DepartillmIL, 3, Slection 504 ofthe Rehabilitatioa Act of 19,73 Olub I , 913, 112) as anicill and all ircqUill-ClITIC1115 imposed b) or purstiam to the Rcgkdaflon of Dqqartnicitt of Health and fluman Services (45 CF"R Part 84). to the cind fliat� in accordance wilth Section 504 of that Aqt, ad t4v Re-gulallon, no mllwrwisc qII'Mified llwldicapp ilidivi'll hithe United Status shall, solety b teasoa or iris han4icnp. Oc excluiW from puticipation l lue l the benil of. l be sutljjected to diurimillation under any Program or acfivit5 for which the Appfleant receives Fedcral financial assistance froni, the Diepartmens, Pagle 39 of 67 4. Flic Age DischnithitatJ on Act war 1975 (Pub. 11. %1351 as nrn ended.and all requirvoicoh irn posed by or pursuant ((-" the Reg ul'Ition oftkc OeNirliuen I of I I cal0i and Human Scrviccs (45 CI-R tlart, 90., to the end that,,. i n accorchmce title the Act and We KeguWdtxL no persom W the United states sha" on the bars orate. be denied the beaeflis of, be exciuded Tom pailicipatiorl, irl, or be sulijectcd to di'scriinhiatiori under any program Or acivivity Wr JAch the Appliccul receives Federal finan6al assistance fr 111 (be Dcpartrncnt, 5. 1 me ix orse Vducaflon Amendments of 1972 (Pub. L. 92-3 1 By as wilended- and all requirements imposed by or puramat to the ReguLation or the 11cpariment of I leahh and Iluman Savkcs (45 CFR I%Tt 161 to We end that. in accordaineo with Titic IX and A WgWalum no pemmi hi We LWAd Stems shall, on the basis r1sex. be excluded fi-nai panicipadmi in, be denied the heneAm of at he odwrwNe snbjectedto discriminatlon wader any education progiarn or,activity 1br A hide the Applicaw receives Federal financial assistance fironi the Dvparilrueut' 6.1 he Arnerican with, Disabilities Act of 1990 (Pub. L. 101-336'). "hich, proldbits discrimination in all crinployrnwt pmc6m& Iduding job applicalion proceduras. hiring. 11rhig. advailVeITIC11L COIIII,a IIS860,11. trllining. and uVerterms, eandhions, mnd priviyes oromplbyrnew. It applies to reCrUiTIMCCIt. advertisinig, WnLlre, 1A),0W leave, Ifinge bencrix and all other eiiiiiployrncnt-reiatud activities. Pim Wom sho ansures dot h QH cwnNy With 29 CFR Pon 37 and W I rather regulatiolis implerneliting the Lms listed al-sove. ']'hi's osswince applks to Provioddes opemlziai of be NWIA l'itle I flnanciall} assisted prograin or actiGy, and toall eoiitracts. Provider makes to carr� o,ut the Wl,A '1'ulc J - financially assisted pixigrain oractivit, Provkler undeNuntds hatJ13011A and the Unked States have the rybi to sect.judicial enibrcerneni tat di AssumnM I he ixudersigriccl sha" requitv thal lairlwagc ofdAs as"warce be included in the&=Hnentz IV aR subcontroas at :01 tiers (including subconnim wendw-'s. Rib-graws and COMMOS and grants, loans and cooperative agreernent,$) and that all stab recipienm and cmunimars W11 pmvWc this a5surance accoixtingly, D. CERTIFICATION RECARDINC PUBLIC FN'TITV CRIMES,SE CTION 287.133, KS. 11roviderhereby cartilles that nehher it. nor an3 person oral'111iatu of Provider, lia% been conw i0vid ol'a Public 1,atily urne as dunned hi wim, 2&7 133. F,S , nor placed (in the convicted vendor Est. Provider tinderstands and sgrecq that it is i-equired on Adbrun DOFA iin in cxI iatcl,y upon an� chan?e ol' 61-ijun-4ances regarding this stattis". F. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR,REFORM NOW(,ACORN) FUNDING RESTR ICT lOiNS ASSU RANCE (111 a. L. I I A 117). As a condition arme Wow Pw% ruler assurcy that ix twill comply AQ; with the federal funding restvielions porlo in i iig to ACORN and its,so bsid iaric s per Hic Cwmolidal od Approprin t lons Act. 20 10. Div is iorl F.Sectio 11 511 (Pub. L. It 1-1171 lie CoWhwing ApptroprkWons AcL 2011 . Sccitimb 101 and 103 (Pub. L. 11 1-24 2). provideq thm rqppropriallions niade under Pub. L. 1 11-117 aro available tuider Me coat hions pnwided h3 Put L 1114 IT rhc undeNgned shall require thm waguage or this asmaince be included in the docturicols ror till subcontracts at W I Hers (inoc Ind ing sm be notracts. vendon. sub-gimm s and cownwm wder grants, I oan s and cooperatWe agreoneals) and! dial nil such. rccipiepts and contractors shall 'provide this,assurance accordingly K CERTIFICATION REC',ARDING SCRUTINIZED COWANIES LISTS,SECTION 287,135,F.S. IF this Contract is hi the arnows of S I in Uliom or niaw. in accordance with, the rccluiremerils of Seclion 287,.135, KS— Provider herds) cerliIN that it is not parlidpadrig in as boycott or IvacL is not listed or CWwr Me Sumikinlited Compoiri ies with Activities in Sudan List or the Scrudinked Compmiies with ActivWes hi the [ran Petroleum Page 41D cf 67 AA-2129, El"nerg) Sector 1,ist, and Oat it doe i not hme business operations in Cuba or Syrkt. Both I isti arc crened putsual'it to Section 2 15.4 73, 1 ,do-. P ro%ider understands that Pdrsuatil 111, SMiLM I35.. [,S.- UIC SLIbilliSSi011 OfEl fil I SC Cel-tifiC416011 I'llay SUbject Provider to ci%.i I PCII A I iCS. Riturricy's, fecs, arbor costs, If N-ov ider i q u nah le to cort i ry an) 0 f I lie wagc al cil is ill ill is (:v ri;ficat ion. Pro v ider shall P i tac h a r exlAanat ion io this Comma 4G. CERTIFICATION R EGARDING DATA INT13GRITY COMPLIANCE FOR CONT RACTS, AGREEMENTS,(jRANTS, LOANS AND COOPERATIVE AGREEMENT'S 1. The Ilrov idu surd an y cif'scrVice's under lihi�� coultrucl havc financial 1118TWOC111 Vill S) slclll-s cspablc of"providing certain infOrillati011l. hlLltldillg; (1) Iccuritc, cui-repit. and CORIP110C diSC lOsuure Of'flIC rinancial results of each gyant hinded 1)roject or program, in accordance willi llic prescribed r-2porfivp requh%:mcws: (2) tlivwurcc and upplication offmids for all contrnct suprumcd acfivr0cs. and (3) the counparison orouaa)y . %,N ith W,&!-cted aimouunts roreach award. Thc inability to process iarbi,ination in accc)rdancc with (hicse requirenicills covid 1-cstilt hi a return ol'gi-ant Grinds ilial have not been accouitled for properly. 2. Management Information Syslcms used by the Providcr. iubC0110710017S, %CMr101%S.Ot- 4111) ClUtSidC C116ty C(I sOich flic Provider is deperidetit for data ttial is to be rep oried. tratisniincdw or calculated. have been a scsscd to bccapohlc ofprocossliriQ (kwa acciii-ately illcluding )tar-dw e d'elwildell't data. l Or those cyst at7s identified to be non-cotlipliant, Providcr u01 take ittimuflate action to, assure dala integrity. 1 11,111is,contract includes the t),rovision cat liwA%�arc, sol'wore, firniware, microcodo or in)bcddQd cliijp tecknology. the undcrA,lgaerl warrants fluai ihow produtc(s are capable ol'proces sin g year-datc dc�peiidcnt daul accurately. AH versions oftliese produos oll1cred by the Provider (represiculed by thc undenigned) and PUNI1111SO'd by IlIC '1114C "01 be veridical Cor accurac) and iniegrity of data prior to transfer. 4, Ili the uww of au) deo-vow M riwcliom&t� related to (inle wid date related codes and kl'110-11al SL11)1-0L1(1l)Q5 that inipe& 111C 110rdk-VarM Or boftkiicc pror-,Xwns frolil opewlin�a propQrly. the Pro%idcr agrcc5 to Imoiedkitcl� maka rquircid corrections to, resiore hard Aacre aii,d soft%are 1)rclgj-am to the sWlle, level of fkilodioilallty as warrlultcd llcrcin, al, do chot'ge to dic stute,arid �A ithout inlcrruption to the ongoing busiiicss ol"thQ .5tativ, doic bchg of the cssen,cc. 'I lie Provider and 9;ny sidwontractors and:'or vcadors orsuvice's uIlder tWs contract "ori-not flivir policies alid proccdur(.as include a disaocr plan to provirtc, f'or se icy: defivei'y to conlinue in case of w) emervenc), ioclwling- cnlcirgclwhi s ai Wiig f1rom (fain integrity compliance iqsuc . F1, VERIFICATION OF EMPLOYMENT STATUS, CERTIFICATION As as condition of contracting with the Horida Dcparmiciii of["Ides Affah , Provider certifics, the uqc of the U,,S. D Ll>1j1t of" epartmcnt of' I loniclaild Security's crify S):SlCtjj J() Vel.lf� the CITIPIO Cljg �111011 1 t Iy 'fl[ j.jlV%k eillployCeS, hired by $lie 11'rovides- during Ilit: cotitruict term to perlbrui employ event durties pursuaw to this contuict arid dint ,Ill) Su bcontract% include an express require-ment dini subcontractors an&or vendors Performing "ork or 1)roviding, services pursuant to this Contract tifili'/,c the F-wrify syslcm Lo verify Itle ci-riployn'sent eligibility al'all new employees hised by (lie subcoiuractw and ur vcijdor dkiriiig 0w vutuc NW,ra-0 teMs. The Provider Oall recluire that the languagc of 01is certification he included in all sub-agreemeiim SUb grants, and other agirCCITICM.&C011tracts and thm,all subcowitractors nand or vendors shall cerlify compljancc accurdingly Page 41 of 67 AA-2329 This ccrtification is a material representation of fact uport which rchancc,was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for Making Or entering into this transaction, iniposcd by Circalars A-102 and 2 CFR Part 200, and 215(formerly OMB Circular A-I I 0). C. RECORDS AND DOCUMENTATION The Provider agrees W Tnakc avaitabIc toMpartment staffandor any party designated by the Departaient any and all contract related, rccQrds and documentation. rw Provider shall ensure the collection and maintenance of all program related information arrid documentation on any such system dcsi,gnatcd by the Department. Maintenance includes,valid, exports and back ups ofall data an,d sysierng accoMing to Departmcni,standards, LICERTIFICATION IRICARDING INSPECTION OF PUBLIC RECORDS 1. In addition to the requircments of sections, 10.1, 10.2 of dw Standard CI)PtTaCt, and 119.070](3) and (4) F,S., and. any other applicable 18W, ifraCiVil,aetion is commenced as contemplated by Section H 9,070 1(4), KSm,and tile Department is narned in the cMl action, Provider agroaq,to inder-nnify and hold harmless the Department for any costs incurred by the Departincrit.,and any attorneys' ficesassessed or awarded against the Department frarti a Public Records Rquest made purstiam to Chapter 119, V S,, c,onceming this contract or services purfonred thereunder. a. Not' ithstariding Section 11 .070 I, F.S.,or other F orida law, this section is not applicable to contracts executed between the Department and state agencies or subdivisions dcAncd in Section 768,28(2), RS. 2. Section, F.S,, status if public fiends arc,expended by an,ageney in payment ofducs or membership contributions for any person, corporation, foundation,trust. association,, group, or other org,anizat ion, all the finan6al, business, and marnbership records of such an entity which pertain to the publk agency(Florida Department of ElderAffairs)arc public records. Secdon 119,07,F.S,states that every person who has custody of such a public record shall permit the record to he ingpectcd and copied by any person desitri,ng to do so, under reasoriable circurnstances. Additionally, I certify this organization,does —does not v/provide for iiisfitut'lonal arena bcr.ships Provider's signature below attests that records pertaining to the dries or mcinhership applicalion, by the Alliance and the Dopartment arc Milable for inspection as.,stated above, By execution of this contract, PrDJilicr must hxl"dc these provisions in all related subcontract agreemcnts (if applicable). By execution ofthis contract, Provider rnuist include these provisions(A-J) in A related subcontract agreements(if applicable) By signing below, Providcr certifies the rcpresentations outlined in parts A through 3 above,are true and correct. I IQ,O SimWon Street,2"d figgt I resentative Si nature and Title of author'zed RC!P Street Address Monroe County Board of County Commissioners, Social, rvjcalln-HoLne§,ervJ_cU J,,ZI let ZZ Z-Z- Ka Wot,FL 33040 Provider Name Date City,State,ZJp code Page 42 of 67 ami I q,-fl 11 cy Mcna(W 5 0[hc� Chw,�Aria(or, &5i"zwl Catuav Avornev Ue,12022= AAA-2329 ATTACHMENT VI ASSURANCES—NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, inviuding 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 aspectof this collection of information, including suggestions for reducing thLs burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. P[,EASE DONOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND ITT 'SHE ADDRESS PROVIDED BY THE SPONSORINQ A0ENCY. NoW 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, "rfifyto additional assurances, If such i5 the caw,you will be notified. I. Has the llegat 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 desc ribcd in this application. 2. Will give the awarding agency, the Comptroller General of the United Mates,, and if appropriate, the State, through ally authorized representative,access to and,the right to examine all records, books, papers,or documents,related to the award; and will establish a proper accounting, system in accordance with generally accepted, accounting standards or agency directives 1 Will establish safeguards to prohibit employees from using their positions for apurpose that constitutes or presents thel appearance of personal or ar,ganizational conflict of intcrest, or personal gain. 4. Will, initiate and complete the work within'the applicable time frarne after receipt,of approval of(be awarding agency, 5 Will CoMpIlyr Witil tile IrIlergoVe(runenial Personnel Act ofI'970 (42 U.,S.C. 4728-4763) relating to prescribed standards for merit system m s for programs fundled under one of the 19 statutes or regulations specified in Appendix A of OPIVI's Standards fora Merit.System of Personnel Administration 43 C.RK. 90,0, Subpart F). 6. Will comply with all Federal statutc5 rclating tonondiscriuminatiowu. These include but are not limited to: (a) "Title vi of the Civil Rights Act of 1964 (P.L 8'9-352)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.&C, t 681-1683,and 1685-1686),,which prohibits discrimination on tile basis of sex,(c) Section 504 of the Rchabi I itation Act of 1973, as amended(29 U.&C. 794), wh[Chr prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 19,75, as amended,(42 U.S.C. 6tOl- 6 107),which prohibits discrimination on the basis of age;,(c)the Drug Abuse Office and'Trcatment Act of 1972(P.L 92- 255), as amended, relating to nondiscrimination on tile basis of drug abuse', (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention,, Treatment and Rehabilitation Act of 1970 (P.I.- 91-616), as amended, relating, to nondiscrimination on the basis of alcoliol abuse or alcoholism; (g) $23 and 527 of the Public Health Service Act elf 1912 (42 U-Sl.C. 290 dd®. and 290 ce 3),as amended, relating,to confidentiality of alcohol and drug,aboso patient records; (h) Titir, Vill of the Civil Rights Act of 1968(42 U-S-C, 3601 et serf.), as amended, relating to nondiscrimination, in the sale, rentalor financing of housing;(i)any other nondiscrimination provisions in,the specific statute(s)under which apptication for Federal assistance is being madle; and 0) the,requirements of any other nondiscrimination statute(s) which m,Ay apply to the application, T Will comply,or has already complied,with the requirements of Titles 11 and III ofthe unifonn Relocation Assistance and Real Property Ac,quiSriti'on Poticies Act of 1970 (P.L., 91-646) ,which provide for fair and equitable treatiTlent of persons displaced or whose property is,acquired as a res u I!t of Federal or federa I ly assisted programs.These req,u irctn en ts apply to at[ interests in real property acquired for project purposes regardless of Federal participation in purchases. & Will comply,, as applicable, with the provisions of the, I-latch Act ($ U.S.C. 501-1,509 and 7324-7329), which. limit the political activities,of employces Whose pritwipal employmentacrivities are funded, in whole or in part with Federal Funds., Pagel 41 of 67 AA-2329 9'. Will comply,as applicable, with the Provisions of the Davis-Baton Act(40U.S.C.276a to 276a-7),the Copeland Act(40 IJ.S,C. 276c and 19 U&C� ' '97'4) and the Contmo W'o,rk Hours, an4 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 1021(a)of the Flood Disaster Protection Act of 1973 W1. 9 -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$1 10,000,00 or more,., I L Will comply with environmental standards which may be prescribed, pursuant to the following: (a) in.stitution, of environmental quality control,measures under the National Environmental Policy Act of 1969(P.L.91-190)and Executive Order(EO) 11,514;(b)notification of violating facilities'pursuant to EO 11738; (c)protection cfwctlands pursuant to EO 11990; (d)evaluation of-flood hazards,in floodplains iri accordance with EO '11988; (e)assurance of project consistency with the, approved State, management pro,gram developcd under the Coastal Zone Management Act of 1972, (16 U-S.C, 1451 et scq.),; (f)conformity of Fcderai actions,to State (Clear Air) Implementation Plans under Section 176(c)of the Clear Air Act of'195�5, as amended (42 U.&C. 7401 etseq,); (g) protection of underground sources of drinking water under the Sale Drinking Water Act of 1974,as amended,(PL_93-523); and (h) protection of coda ngercd spccics under the Endangered Species,Act of 1973, as amended,(P.L.93�-205). 12 Will,comply with the Wild and Scenic Rivers Act of 19 8(16 J,S.C. 1721 et seq,)related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agelleyr in assuringoompharice with Section, 106 of the National Historic Preservation Act of 1966,as amended(16 U3.C.470),EO 11593(identifiteation and protcclion,ofhistoric properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.4 9a-I etseq,). 14� Will comply with P.L. 93-34$ regarding the proteOjon of'homan subjects involved in research,,development,and related, activities supported by this award of assistance. 15. Will comply with the Labaratary Animal Welfaro,dot of 1%6(P1,89-544,as amenderd 7 U. ,C.2131 et seq.)pertaining to the cam,handling,and treatment of warna-blooded anim,al,s hold for research,leaching,or other activities supported by this award ofassistance, 16, Will comply with the, Lead-Based Paint Poisoning Prevention,Act (42 U.&C, 4,801 el *;N.), which prohibits the use of lead-based paint in,construction or rehabilitation of residence structures,,, 17. Will cause 'to be performed the required financial and compliarwe 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 Fedeml laws, executive ordm, reg"Wicins and policies governing this program, MONATUREOPAUTHORIZECG CERTIFY INC OFFICIAL TITLF, J, APPLICANT ORGAN VAT110"N DATE SUBMMIED MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, SOCIAL SERVICES/IN-HOME SERVICES It-I'zq�=-za_ Appmvcd w,to FG-111 cwd lqa�5�16;'I C tr, Slongcnr Cauat) Anon ncy ,CIRIN r Date:IM,912= Page 44 of 7 AA 2329 TAC11M>N"I'VII C0 IN [Ilk'A d 111lM KTZS1)1�)-TMA 1 Y BY eCIRTS SUMMARY' FOR 'rHE AGENCY ��l wkubllarap ��.,.�w lt:r la�� Iwearwm�4Av¢I �� I�4ata° �1Naptw �w� �1�1�,INa'Na�ar� IDr2lbAru*' (.,"ail Rote rh�ii I IJI �; � f 0 7i w _.... _ ..._—__ — _—. ... �... .,,. ,. 't�urrlaualo"st ir�aar,� Ml N �S.�4fl 3C I i 3K 11 w k I t111 dl 6 6 1 654,�15: l' a arsf(';uro I111 lICk l ! �r 1a l�G°gy p � r `wiaw aiaats "r .tlCYrma u. 1 I o CNSa 42 5460) :. .__._. ..�...,. _. . .a_ ..... . ...m.m. ........... .....— .,, .....,,..,.� , ".t�.i r r grHqo etI, M1. 9 a 0,99 , t ,":a y it sit? 1 S' "t hg m rM S 63 3. a"t �u wilt lwlt �R1 �r iv t r of l r Huai dr.I'a)t wm,.a itis�.Iwi., d"b .21.e2.� _ a. �. .� �._.... C�tip i u1r��M I tl aw 1 l..wtiH9 M�i �..�....... m ,. 1 'Iwt 7 r i I al r l�N � :'r� � �w Fta �i h � 1t t �a twlc i t I t � r � � " r Honk, �9 iwt a tt �l it ��i w �? tl w a n _ :w. _._ _ ._.__._ r N la.0 a. 1 1a Mrrtl, li IMz I."a K,. t1ra s?wa rryliG t5t71M.:'1tl0 1 �a 71J9 �tuKw w I 5 �-ax�1G 903,55 n _ Etua,,lalw:, Tara Nt,�rawu I[.L 2 a t 71a1,�l a i¢ra 9 Ito �. l 7 t 1 1 6 °,'M _ „: H u� taa��icv�,I I s n t�or 1l'l I "t � _ 1,s. . l 1 I11'N a" A s k si4 1IF r N.....mm...., _S 3 1�2�_ �� ....��..,.,��.�,�...... .1 of E°A 7r'l f;rta fr; 4' 9,712(1 ...._ (Ina�io �lu,nrb�r'� n�� lLllM '� d�.�ulG�r.i�hl�r r "� �.l� ,fsuW lmltiire aitlaV . i, 9111.w'::y tp.•I �I�cil,rile ti ),,j7 ,6',t, 1 �Crnrof A 1 V Ire ww it wtti ltati t aa� M Co l'Ccrr:�b _ �,,, cp�rw t, "r _ ,, Page 45ofr a , AA-2329 ATTACHMENT VI[I OLDER AMERICANS ACT CONTRACT'REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On Submit to Alliance On This DaN I January Advance* January 6 2 Fe rotary Advance* January 6 3 January, Expenditure, Report February 6 4 February Expenditure Report March 6 5 March Expenditure Repon April 6 6 April Expenditure Report, May 6 7 May 'Expend Rure,Rcport June 6 9 June Expenditure Report July 6 9 July Expenditure Report August 6 10 August Expenditure Report Septcmbcr 6 I I September Expenditure Report October 6 12 October Expenditure 'Report, November 6, 13 November Expenditure Report December 6 14 December Expenditure Report January 6 I'S Final Eypenditure and, Request for Payment February 15 16 Close Out Report February 28 Ltgen& Advan" based on projected,cash need. Note,# 1: Report 0 1 for Advance Basis Agreentents cmiaot be submitted to,the Department of Finaticial: Services (DFS.) prior to January I or until the agreement with the Alliawx has been executed and a copy sent to DFS,. Actual submission of the,vouchers to, DFS is dependent on the oQcuracy of the expenditure report. Note 0 2: Report numbers 5 through 14, shall refIca an adjustment of one-tenth,of the total advance amount, on each of Rios reports, repaying advance issued the First too months of The agreement. The adjustment shall be recorded in Parl , I fthe report, (ATTACIAMENT IX),. 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 mport. Page 46 of 6,7 AA-2329 A,TTAI HMM I' . REQUEST FOR PAYMENT T okm 106 OLDER AMERICANS ACT t N#SIB' PROWUIrFt NAME, s H0HE 6 rFD DRUII. Cerw=q J ahraroa,.w = _. ..._... ..._... „_ ••,m•,. �••�,,,.�.,' a"'i'tti�fl�'Md'Y�tlrfllYiS� I P ......".._.. -..--...--+.-,,.-..�.,2-.�.,m,.,» „m,.,.,m,,,�.»mm.,-.,«.�,.,,.�., C EPm'vMrOL,ATION I tw*lk CMmriW'o Iz:dot@ st.1my"rmu100Lri"Ind Wn '..�MI C.�Wel,achdo Mdrrwrj r-wG ljvo grutiI olONra^I.rvm` .uRrd ma:ftu%u Claw� ,._., ,yl:wP,.yMrP1��9,....... ..... ... ..................»,.., ..:.»... waro tt malam� p tPm pCq ��e .i Q it, 03u ............. ..... fin na - d�! CtC Cis L i Ll „ e raw k, IY y', PAL � �. ..013 ...........� � —, a V"� � � N� _ 0 DO w_ DNJ _Q 10 0 DO Y a Lams CIlpRl�ld�narwwp,���lare�l�a r�rwr�—.,.—.��.._...� ( 0+'rl d:ccaa"G Ls"Lw _..__ � 15� F�.... ,� F.d'vAm"iru",slukraLti.m I WILAt"n I,!yr Lt0 IT LrrJ'3 p w+ A7'�"Ga tQp, W,A*V I I)AA P 0 I'drCti7,CA 110 Pale 47 of 67 AA1329 ATTACHMENT E IIIB[ ' M��%�k "Y`�tlG 4F�""P'Cp�S p M1fi Pa*CrStr � mi L {I KT UI i, 'dtlwl '�hxN� d1 �p pl w _.. . am III a I N uK �,�� 4,r r va r�wrobmm�m��e�ud I a»,na ou a�A���r����°m arnw M a«au raN mow I e'^"arn"sa t.x7rua�nm,q°amn n'v ' am' �I,Fvft,„I,w-py'Mr-p0, 44I mw''WW0.N GI,`°�'rypm,ryi,(c NUA"'�Mi0.7yM�n�k#n`m V`Iq"tlynMNAM°a p,ppK'Ml70a, _.�_,_.....,.I7 a,mr•— ApK ....... ,,,.. 4pp,a"a ev. �. .,.,.�.. „6'^a�Y'M..------- !amwCn rcntil F.p uaTVw 1 ,k�w„rnaM O�kA°DAn0) Aa Ipktl'V"i9p id "r4�f 44'�maww:r "'............ t5=em�...._ -- __ x�+ _ Y aa'uw�C75rm� 1p�°' dl F+a�oane ph7hv�IN r W T+n�rn,n�up V",rm�,Tv S MA&."Yp�l,t,MrX�ILT rp G: d; L.m¢rxt u'i�"�mq rm.rmnmr Grp ihd� •• a �IWJ&°Y I �a°UTar" CM ggarMVN %,tn a c"I'vw kl Y'N.W4 V, 11 1X.l Y.11.V I.— ,d" TYbi YJq�..wyry ,s1rN 7°waam l.lr✓Mwp,�`P :M,w u'"opckfdPwF —,,.., 111.1 ,.,,,m, a:,A arm: Pr, t YH'43 t ,pen ,. earhf Y Y�....., __ —. —T _,..m..,..... ..,.. ... G' II .. 6Atl'ful YrvgsWYP _. ___ d mya ia�pr Y,nmeM'r„m+'nxTry"m.mmoi.la:�xo��,°,:.fp AA-2329 ATTACHMENT EXHIBIT 2 R5CE TS ANC EMPE.WN TVRE REPORT NISIP P ROMER MAME,A-DI RE%S,F HOWEN PRRCGGRNS FNAWR'NDNNNNIG SOUNR+CE 0 a fiN n N' lu RNRTa� ,dC ENR R'EN�ICAYAbW.. N eM Mer � N�cA array Gw > n Apr IWO NW+r,116NR rgrpR;,rq.ay vompl-Mr,-rdB RR'culypa N^Nrrwin.mw for puipm s Met tclth rnV4asd a E7RN° Ip�T°L19 C PUTATtl5N E141U0 PTNR WE RTOC TE _ pN$ NNY ?PTO UN S C wd R 7 we C !.Mq RELI MiGI ELATE H!PW.'E QV614 D COKORG)'oVE KOME GEUvERED LSPFuresdNWrw.ON NJAIT RN RN a7 NR m. ..... .... ." . �. 7,,ml(°°0RI'RN0 NvMuis uYfvlN Line 9 T,ws$77 eowr t,Roa zw d so ra._ .._ .,, ........_ � ....... .......--.,-.-�--.-.. rwTE,wTiy RN4� D WST. ........ , W'NCY lam p+rwpriubb SQ RAQ CWRACT SUMMARY App r,�eei Ccriorad Amy r9 �.-.. 'mod i"14-7� RA I e $t.�✓~CM.... _.......� 7mI N E,p4 nd,,tk.'Nraa ;em to 0w 51 U0 .................... .5-9--,,,,,,--- o.A NM 11, FN� Fes.8'd+wiM Page 49 of 67 AA-232 9 ATTACHMENT X EXHIBIT 3 PSAIPROVIDER MONTHLY MEALS REPORT PSA.Number it Month of Report 0 Number of days served this monith Total number of meals, regardless of funding sour ce, served to. - all person5 60 years of age or older and t1lir spouses, regardless of age - volunteers, regardless of age, e.)ho Provider servicesdurin,g meal hours on a Regular basis handicapped or disabled individuais residing in hoUSring facilities occupied Primarily by oldedy at which congregate meal services were provider, during the month. Provider- Name rorl9regate, Meals Home-DeWea,Meals Total 0 0 0 TOTAL, 01 0 ON I certify that the above irforrnation is accurate and, complete to the, best of my k nowledge. Signature: Title: Date: PSA 4,11 OAA N$1P Forms, Revised OdObtT 2019 Page 50 of M wwfir i f ° . A A 'p'j _»c, I+ P,�, MM'. H �'„�1'? ,. R� J ' o r r NM M A. �' . . ; r w AA-2329 9, Are all benefits services and fadlifies available to applicants and parti6pa in an equally ctNe manner regardless of race, sex, lcr, age, nationaldisability?igirl,rteligien or C�A_YES MHO®, It NA or NO, explain, 1 0� For impatient services, are morn assignments made without regard to race, color, national c, _mro rNgin r disability?NA YES—iN01— If'NA r NO, explain. mil^ 1, Is,te prcgram/facilltyr acce tale to non-English speaking clients? If NA or NO, explain„ Ves 12. Are empio eea„ applicant and partici a informed o � heir p-r �t n agiaiunat discrimination if yr p hc� Verbal �" "a iitlen Foster U to crr N , Purr '1 , Give the number and current status of any discrimination complaints regarding services or employment filed against the pr grar far ility: d'? , alXN0_ ility c ram physically accessite to mobility, hearing, and sight-Impaired individuals? NA_ YE - If NA or NO, explain. PART III, THE FOLLOWING'QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 16 OR MORE EMPLOYEES 15 Has a self-evaluation been conducted to Identify any barriers to serving disabl'ard individuals,als, and to make any necessary modifi ticns? If NO, explain, 1& Is there and a tXC_ ed grievance procedure that incorporates due process in the resolution of complaints?Y .�. If NO, explain, Page Sof 67 AA-2329 I'T Has a person been designated to 000rdinate Sedion 604 compliance activides?YESVNO�_If NO, explain. ............ 18, Do recruitment and wtifirallon materials ai&se applJcants, employees and participants of. nondiscr"nation on the basis of diisalaility? if NO, explain ................ 19, Are auxiliary aids lable to g a assure accessibility of services to hearinnd wght Impaired individuals? Y1 :440a­If NO, explain, PART tv POR PROOF AMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF$50,000 OR MORE. 20 Do you have a written affirmative action plan? YES /NO_ If NO, explain. Alliance USE ONLY Reviewed By In Gompliance: YES 0 NO*0 Program Ofte %ohoo of Corredive Alcoa Sent I I Date Telephone Respon3e,Due On-Site 01 Desk Remiew 0 Response Received —i-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 pTogram1aciflty serves a specific target population such as adolescents,,describe the target population. Also,define the type of service provided. Page 53 of 67 AA-2329 1 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 car be obtained from local chambers of commerce, libraries, or any publication from the 1930 Census containing, Florida P opulation , statistics. Include the source ofyour population statistics.("Oth er"races ine lude Asiaw?ac iri c islanders and American Indian/Alaskan Natives,.) 1 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, sox wand disability. Include the date that enrollment w,as counted. 5. Enter tine total number of advisory board members,and their percerit by race,,sex, and disability. Irthew is no advisory or gove mi ng board, leave this wt in,n blank. 6. Each recipient of Federal financial assistance must have on file an assurance that the prograrn, will be conducted in compliance with all nondiscriminatory provisiums as required in 45 CFI 80. This is usually a standard part of the contract language for DOEA recipients and their sub-grantees,45 CF'R BOA 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 comparable percentage of Rispanic staff"? 8. Where there is a significant variatiDnbetyween the race, sex or ethnic composition of the clients and their,availability in the population, the program/kcilicy has, the reiponsibRily to determine the reasons far such variation and take whatever action may be necessary to correct arty discrimination,Some legi-timate disparities inay exist when programs are Sanctioned to,serve target populations such As elderly or disabled Wson.q,45 CFR to,*),(b). 9. Do eligibility requirennents 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 throt,u) on-site, record analysis of persons who applied but were denied services or employment,45 CFI. 803 (a)and 45 CFR .1 (b)(2), 10. Participants or clients miust be ptovidied services",ch as inedical, nursing and dental care, laboratory services,Iphysica,l ,and recreational therapies, counseling and social services Without regard, to race, sien, color, national otigin, rcligio", age or disability. Courtesy titles, appointment scheduling and, accuracy of record keeping must be applied, aniformly and without regard to race, sex, ,color, national origin, religion, age or disability,. Entrances, waiting returns, reception areas, restroorns and other facilities maust also be equally avaiiaWlc to all,clients,45 CFRBO.3&). H. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disabiliq. 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 803(a), 12, The programifacility and all services, must be accessible to, participants and applicants, including those persons who may not peak English.In geographic areas where a significant popalation,ofnon-English speakinapeople [live,program Accessibility may include the employment of bilingual staff. In other areas, it is stiff ic lent to have,a policy or plan for servize,such as a current list of names and tele0bone numbers of bilingual individuals who will assist in the provision of services,45 CFR 8,0.3 (a):. Page 54,of 67 AA,-232,9 13. Programsifacilities must make, information regarding the nond[scriminatory provisimis of Title V1 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 US, Department of'HHS, The information may be supplied.verbally or in writing to every individual,or may be supplied through the use of an,equal opportunity policy poster displayed in a public area of the facility,45 CFR $0.6(d). 14. Report number of discrimination complaints,filed against the progrant1facility. 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,&,settled, no reasonable causefibund, failure to conciliate, faillore to cooperate,under review, etc. 15. The program4acility 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, restronm facilities, water fountains, information and admissions offices should he 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-nurnbcra. Switches,"d controls for light,heat,ventilation, fire alarms,,and other essentials should be installed atanappinopriate height for mobility impaired individuals. J& 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: U1 With the assistance of a disabled individuaVorganization, evaluate current practices and polilcies which do not comply with Section 504. U) Modify policies and practices that do not ineet Section 504, requirements, r] Take remedial steps to eliminate any discrimination that has been identified, 0 Maintain self-evaluation on file, (This checklist may be used to satisfy this requirement if these four steps have been followed), 45 CFR$4.6. 17. FrogramsorfAcilities that ern ploy 15 or more persons� musTa,doptgrievanmproced,ures 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 Seeflon,504.45 CPR 84.7 (a). 191 Continuing steps must be taken to notify employees and the public ofthe programifacility's policy of nondiscrimination on the basis o(disability,This includes recruitment material, notices for hearings,newspaper,ads,and other appropriate written communication, 45 CFR 84.9(a). 20, Prograrns/facilities that employ l5or more persons must proivide appropriate auxiliary, aids to perwris with impaired scrisary, 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 resourpes that can be used to provide equally effective services,(45 CFR 84.52(d). 21. Programalfa,cil ifies with 50 or more employees and 3,50,000 in federal contracts must develop, implement and,maintain a written affirmative action compliance program in accordance with Executi vc Order 11246. 41 C F R 60 and Title VI of the Civil Rights,Act of 1964, as amended. Page$$of 67 AA-2329 ATTACHMENT ,—Wen, h JATt: F r'r.()V.I •, IM IN 01 BACKGROUND SCREENING Attestation of Compliance - Employer AUTttl3RIM This form is regulr+ed errr'wellyr of all employers t ovrnplyr with the attestation recl"Irerraenita set Iforth In section 435,05(3) Ftorld`e Sudlites, > The term 'employer" means any person or etetity ringrlintd by law to conduct hac4round somanings,irl dudimwg but not ImOod to,Area Agencies on, gingffigingl and Oisehtlity Resource Gerrters„ loud Agoncwe , and 'Service prroevlders. that contract dimMly or Indireolly with the Devam rent of Elder Affexs (00EA), and any other person or,enlity which hires ernplto)ees or has volunteers in servicis who rwet the definition of a direv erica prwdaar. Sesr§§ 436, 3„ 430.D402, Fla.Stet a4 dlrectt eer0ce provider Mo .a person 16ynr3 of age or alder who,pursuant loaprCmjram to provide services to the eidor4, has dkect, face-to lace contact with a client while prow ding rvicesn to ft ell and has amass to the citent's HvIng area,, funds, personal prap", or personal ndenlwf Gabon mformaim as defined In o 817,R& The terra includ coordinators manag ers,end supervisors of resldenitatfacliltles,and volunleers 430 (1) 1.Fie Etat. AITESTA71QU: s the duly authorized representative of IN e v I ci14 located all M1 b, Vfes µ J �1,,��p M q �y aad ry l d h r yr affirm underpmalty of Name OfRepmwnlaiove rl a°il fhawl faCco rn nvd employ r is iri vomplWrice wilh the provisions of Chapter yid an , Florida Stattites, tegaOng Ievel 2 backg.Murld smening. igin ture of Representetwe Date /4 DOEA ftm 235,A*srarrwr are anw°EmFibyer 06dwaa Ja nua 01,2021 � �AeGrw�MM.. F S Fay avaiYable,01 wpm,,gri aJ�wWua"Lr�ua avi 1's�;al aa„+r w,rvr,y Page S6 of 67 Malmo 011"XIanati awma,X",. cmrau CliI a."„tiAYI=,T C:r-'4'Jpp9^ D.,1r:,143 AA-2329 ATTACHMENT F Alliance for Aging, lat. Business soclate Agreement This Business Associate Agreement is dated by the Alliance for Aging, Inc. ("'Covered EntiW) and Monroe County Board of County Commissioners,'SoebrServicesl'fn-Bome Services, ('Business Associatel, a not-for-profit Florida corporation. 1.0 Background. Ll Covered Entity has entered into one or more contracts or agrements with Business associate that involves the use o-f Protected Health Information (PHI). 1,2 Covered Entity recognizes the rquirementsof the health Insurance Portability and Accountability Act of 1996(HIP AA)and has Wiicatcd its intent to comply in the County's PoWes and Procedures. 1.3 14 1 PAA regulations establish Wc i fic conditions oz when and h ow covered"titles may,share in fon-nation w ith Providers who perform, functions for the Covered Entity. 1.4 HIP AA requires the Covered Entity and the Business Associate to effler into a contract or agreement containing specific requirements to protect the confidentiality and security of patients'PH1,asset forth in,but not limited to the Code of Federal Regulations (C.F.R.), specifically 45 CT . §§ 164.502(e), 164,304(e), 164.3 08(6), and 164,314(a-b)(201 G) (as Tnay apply) and contained in this agreement, 1.5 The Health Information Technology for Economic and Clinical Health Act(2009), the American Recovery and KcirvOmcnt Act (2DO9) and Part 1 — Improved PriVaCyr Provisions-and, Security provisions located at 42 United States Code(US.C.) §§ 17931 and 17934 (2010)require business associates of covered entities to comply with the HIPAA Security Rule, as set forth in, buit not limited to 45 C.F.R. §,§ 164108, 164,310, 1154.3 L2, and 164.316(2009)and s4ch sections shall apply to a buisiness associate of a covered cooly in the same manner that such sections apply to the covered entity. The parties es therefore agree as to 11 ows, 2.0 Delinitions. For purposes of this agreement,the following definitions,apply: 2.1 Access, The ability or the means necessary to read, write, modify, or communicate daWinrormation or otherwise use any system resource. 2.1 Administrative Safeguards. The administrative actions,and policies and procedures,to many ge the seiectrion,development, implementation,and malInteriance ofsecurity micasures to protect electronic Protected Health Information(ePHI)and to manage the conduct of the covered entity's workforce in relation to the protection of that informatico. 23 ARRA, The American Recovery and lkeirrvestrnent Act(20091) 2A Amthentication. The corroboration that a person is the one clairned. 15 Availability, The property that data or information is accessible and useable upon demand by an authorized Person. 16 B reach, "Tire urtauth o ri 2ed acqui sition, access, use, or disclosure of P H I wh ic hr comprorn ises the security or privacy of such infortnation. 23 Compromises the Securilty, Posing a significant risk of financial,reputational,or other harm to individuals, 18 Confidentiality. The property that data or in format Ron is not made available or disclosed to unauthorized persons or proc=es. 2,q Eketranic Protected Health Info rmal ion (e1PH I'). Health information as specified in 45 CPR limited to the information created,or rived by Business Associate from or on behalf of Covered,Entity, Page 57 of 67 AA,-2329 2.10 HITECH.The Health Information'Techoology for Economic and Clinical HealtK Act (2009) 2.11 Information System. An interconnected set of information resources,under the same direct managcmentcontrol that shares common functionality. A systeta norm dly includes hard ware, software, infonnation,data, applications,c ommunic at ions, and,people. 2.L2 Integrity. 'The property that data or infonnaflor have not been altered or destroyed in an unauthorized manner, 113 Malicious software. Software,,,fat example,,a virus, designed to damage or disrupts a system. 114 Part I. Part, I —Improved Privacy Provisions and Security provisions located at 42 United States Code(U.S.C.) §§ 17931 and 17934 (2010). 2.15 Password. Con,ridential authentication inron-natibn composed Ora string of characters, 2.16 Physical Safeguards. The physical,measures,policies,,and procedures to protect a covered entity's electronic ittramation systems and related buildings and equipment, from naluml and environmental hazards, and unauthorized intrusion. 117 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at,45 CIFR Part 160 and Dart 164, subparts A and E. 2A11 Protected Health Wformaticin(PHI), Health infortination asdefined in 45 CFR§160,103,limited to the information, created or received by Business Associate rrom;or on beliall'ofCavered Entity, 2.19 Required Ry Law. Has the saine meaning as the,term"requiradby law"in 45 CFK§ '164.103. 2.20 Secretary, T he Secretary of the 0epartment orHealth and Human Services,or his or tier designee. 2-21 Security incident, The attempted or successful unnuffiorIzed art,ess, use, disclosure, modirication, or destruction of infomation or interference with system operations 6 an information system. 121 Security orSeciarity rovasures, All of the administrative,physical,and techmical safeguards In an information system. 2,23 Security Rule. The Security Standards for 1k 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 conttel access to it. 2.25 Unsecured PHI� Protected health information that is not secured through the use of technology or metliodOogy specified by the Secretary in guidance i d under 42 U.S.C.section 17932(h)(2). 2-26 AM other,terms used,but not otherwise defined,in this Agreement shatt have the same meaning as those terms in the Privacy Rule. 3.0. Obligations a ad ActivOles;of Ousiness Associate, 31 Business Associate agrees to not use or disclose PHI other than as permitted orrequired by this agreement or as Required by Law. 3.2 Business Associate agrees to, (a) Implement policies and procedums to prevent,detect,contain and correct Security violations in accordlance,with 45 CPR 164.306-1 Page 58 of 67 ,AA-2329 {b) Prevent use or disclosure of the PIM outer than,as provided fbr by I his Agreement or as required.by law; (c) Reasonably and appropriately protect the confidentiality,, integrity, and availability of the cPFII that the Business Associate creates, rectives,maintains,or transmits on behalf of the Covered Entity,and (d) Comply with,thee Security Rule requirements including the Administrative Safeguards, Physkal Safeguards,Technical Safeguards, and policies and procedures and documentation requirements set forth in 45 CPR §§ 164.308, 1643 1 tf, 164.312,and 164316. 13 Business Associate agrees to mitigate,to the,extent practicable,any harinful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 14 Business Associate agrees to prmpily report to Covered Entity any use or disclosure of the PHI not ptovided for by this Agreement of'which it becomes aware.This includes any requests for inspection,copying or amendment of such inforinalion 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) ldleritific4oa of any individual whose unsecured PHI has been,or isireosonablybelieved'by the Business Associate to have been, accessed, acquired,or disclosed during such security breach;and (b) All information required for the Notice roghe Sect-eIviyqf,HHSqf8rLoach of'UnsecuredProlecledl4eahh Infinwwrion. 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 Aminess,Associate on behalf or Caver Entity,agrees to the same restrictions and conditions that apply through this Agreement to,Business Associate with respect to such information. 3.7 If Busirims Associate has PHI In a Desigftattd Record Set: (a), Business Associate agrees to provide access,at the rctluvAl of Covered Entity during regular business hours,to PM in a Designated Record Set, to Covered Entity or, as dircctcd by Covered, Entity, to an individual in order to meet the requirements under 45 CFR §164.524M and bf 13"siness Associatc agirm to make any amendment(s)to PH I in a Designated Record Set that the C wavered 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, 3.9 Business Associate agrees tornake Internal practices,books,and records,including policies and procedures and PI-11,retating; to the use and disclosure of PHI received from,or created or,received byr Business Associate on behalf of Covered Vntity, available to,the Covered Entity or to the Secretary upon request of either party for ptuposes of detennining Covered Entity's compl lance with the Privacy Rul a. 19 Business Associate agrees to document such disclosures of PHI and irtfi)nnation related to such disclosures as would be required for Covered8ritity to respond to a request by an individual for an accounting of disclosures of'PIHI in accordance with 4,5 CFR§ 164.528. 3,10 Business Associate agrees to prov* 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 § 1,6432 8 an d A RRA § 13404, 111 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the cwfl dent iality, integrity,and availability of PHI in electronic or any other form,that it creates,receives,maintains,or transmits on behall'of the Covered E,ntity, 3,12 Business Associate agrees to implement security measures to secure: passwords used to access ePHI that it accesses, maintains, or transmits as pan of this Agreement from malicious software and other man-made and natural vulnerabilities to assure the availability, Integrity,and confidentiality of such infunination,. Page 59 of 67 AA- 329 3,13 Business associate agrees to implement security measures to safeguard e?,H1 that it acees5es,rauaintains,or transmits as pad of this agrweement from malicious softwwareand other man-made and natural vulnerabilities to assaretheavailability,integrity, and confidentiality ofsuch infuannaatio n„ 114 Business,"associate agrees to comply Wilk (a) ARRA § 13404(Application of Knowledge Elements associated with Contracts); (b) ARRA § 1,340 (Restrictions on Certain Disclosures and gales of'ldcalth Inforttration) and (c) ARRA § 13406(Conditions on Cextain Contacts as Part of Health.Care Operations). 4.0 )P'aa°rra fitted Uses and Disclosures by Business Associate, Except as otherwise lira iled 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 wvrith. Covered Entity provided that such use or 4isclosure would aot violate the Privacy 'Rule if done by Covered Entity or the rnini,rnurn necessary policies and proceduu^^res of the Covered Entity. .a 1$,Pcc We Use and Diselosore Prov^i silo ns. 5,11 Err pt as otherwise, limited in this agreem�rrent or any related agreement, Business �rssurciate may use PHI Purr the proper management and administration of the Business Assoc late or to carry out ther legal responsitviInits of the Bniness associate. .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 y Law, or Business asscciate obtains reasonable assuurances 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 favor the purpose for which it was disclosed to ft person.and the person notdfies the Business associate of any instances of which it is aware irk which the confidentiality of the information has been'breached., Business Associate may use PHI to provide data aggregation services to, Covered Entity as 'permitted by 45 CEg §-16 4(eX2)(i)(p),only when specifically authorized by Covered Entity,. A Business associate may use PHI to report wrioIalions of later to appropriate Federal and Stone authorities,eonsisient with 45 CFK §1 4, 02 )(1), O Obligations of Covered Entity. 61 Covered Entity shall notify Business Associate orany I[mitotion(s) in its notice of'prl practices of Covered Entity in accordance with 45 CI*R§ 164.5 0,to the extent that such limitation may al1eot Business Associate's use or disclosure of PHI,by providing ac-opy of the most current Notice ol"Pri;vacy Practices(NPP)to Business Associate. Future notices and/or miodificationts to the N?P shall be pasted an Covered Entity's wwebsite at �w,�wti�.....rI la_rwmG , Covered Entity shall notify Business associate of'aarty restriction to the use or disclosure of PHI that Covered Eatitry h agreed to in accordance with 45 CFR § 164,522,,to the a t>eatt 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 adrrrinistrative activities of Busittess 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 Entilly, 8,0 Effectivt Date and Termination. d,e I 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 AA-2 2 (a) These Business Associate Agreement provisions, with the eacepliba of the electronic security provisions .and the provisions mandated byARRA, H[TECH and Part I shall be effective upon the later of April 14,2003,or the effective date ofthe earliest contract entered into between Business Associate and Covered Fmtity that involves Ilnc use of PHI; (b) The electronic security pr6visions hereorfshall beeffiectivethe iater of April 21,21005 ur the effective date wof thwe earliest contract ordered into betwwreett ITusirtess Associate and Covered Entity that iinvolves the use of P°fllp ad (c), Provisions,hereof mandated by RRA, HITUCH',and/or Fart l shall be effective the later of February L7,2010 or the effective date of the pearliest contract entered into between covered entity and business associate that involves,the use of PKI or wePHI. 82 Termination for Caust UM,n Covered Entity's knowledge of a material breach by Business Associate, Covered Fnfity shall either. (aa) Provide an opportunity for ITusinress Associate to cure the breach or end the violation and terminate this agreement if Business Associate dowse not cure the breach brand the violalion wwPithin the time specified by Covered Entity; (b) lrnmwedratrely term irna.te this agreement if Bus,Bess Assoeiate has breached a material term of Ibis Agreement and cure is not possible;or (c) If neither term ination nor cure is feasible, Covered Entity shall report the violation two the Secretary. -3 Eflievt of T'ermi natio n. Except as provided in subparagraph b)of this cation,upon termination, of this agreement,for any reason, Business Associate shall retrial all Pfil and ePHI received from Covered Entity or created or received by Business Associaic 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 ePHL (b) In the event that Business Associate awr Covered Entity determines that returning the P111 or 0141 is inf'easible, notification of the condition that make return of PHI,or ePhll infeasible shall be provided to the other panty, horsiness Associate shall extend the: protections of this Agreement to such retained PH1 and ePHI sad limit fumrthwer uses and disclosures of'such retained PHI and 01-11„ fGr a ininimum o1'swx years and sir long as u,;siraess s. oiate routirttairus su lr PHI arid ePHI,but no less Blain silt(h)years afier the termw inaridon of this agreetnent. 9,0 Regulatory References, A reference in this a rcemeutt to a section in the Privacy Rule or Security Mule means the section them in effect or as may be amended in the future_ It A AmendraaeaL "'flue Parties agree to take such action as is necessary to amend,this agreement from lime to timte as is necessary For Covered entity to comply with,the requirem cn s oflhe Privacy Mule, the Security pule and the health Insurance Pwortabiility and Accountability Act of 1996,Pub.L,.No. 104-1 1. 11.0 Survival. ,Any term, condition,Covenant or obligation which requires perfarrnance by either party hereto subsequent to the termination of'th is agreement shall remain enforceable against such party subsequent to such twerrninatiwom. 12.0 Interpretation, ,Any,ambiguity in this agreement shall be rtsolved to permit Cowered Entity to comply with the Privacy Mule and Security Rule. l 0 Inearporuttiern by reference, Any future new requirernent(s),chariges or deletion(s)enacted in federal lava which create new or different obligations with respect to HIPA,A privacy andforr security, shall be automatically incorporated by reference to this Business Associate Agreement on the respective effective dales 14,0 I' otice& 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 wvriting and delivered pemonalliy to the other party or sent by express 4-hour guaranteed courier or deliver service,or Icy°certified mail of the.United States,postal Service, postage prepaid and return receipt requested, addressed to the other party,as foll(v ws(or to such other place as any party may by notice to the others specify): Page 61 of 6 AA-2329 To "'overeat Enfity: Alliance for Aging,Inc Attentiow Max Rothman 760 N W 107 Avenue Miami,Florida 33172 To Business Associote: Monroe Coiinty Board of Courity Comm"onors,Social Servicesin-Horne Services; I I 00 Simonton Sum,2"d Floor Key West,FL 33040 Any such notice shall be:deemed delivered upon actual,receipt. I fany no600 cannot be dc I i ve Fedor delivery thereof is refused,dc Itvcry will be deemed to have occurred on the date such dctivery was attempted, 15.0 Governing Low. The laws of the State of Florida,with at gjvmqg, effect Ao principles ofconflicl of laws, govern all matters arising under this agre"nent, 16,0 Severability. If any provision in this;agreeratnt is unenforceable to any extent, the remainder of this agreement,or application of that provision to any persons or c1rcurnstances other than those as to,which ilt is held unenforceable,will,nor be affected by that unenfbrceability and will be enforceable to the Ulm ement permitted by,law. ITT Successors. Aoy su,cocssor (o Business Associate (wivellier 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 manner and to the same extent that Business Associate would have been required,to if that succession bad not token place. This assumption by the successor of the Business Associate"&obligations shall be by written agreement satisfactory to Coveted F- ,nfity I KC Entire Agrovow"t, This agmcmrnt constitutes the entire agreement of the paTtiesi,relating to the subject matter of this agreement and, supersedes all other oral ov written ;igreerncrds or, policies reWing, thereto, except that this agreement dbcs not limit the ortlendinent of this agreemeatin accor(lance with"otiou, 10,0 of this agreement, Covercd Entity- Alliancv,for AgIng,'llac, Y. K.-6R—E&11 Date: Jan 8,2023 , (signature) Business Associate: Monroe County Board of County Commissloneri,Social Services,11it-Home,Sarvicts By: Date� 12.29.2022 (signature) j o not Offw,- Data i M"22 Page 62 of 67 AA-2329 ATTACHMENT G Alliance for Aging, Int. Aging and Disability resource Centcr/Elder Helpfine AGrING AND DISABILITY RESOURCE CENTER(ADRQ—OUT SOURCED FUNCTIONS I. If applicable, the provider agrees to the following., A. Perfom ADRC outsourced functions in accordance with the Alliance's policies and procodores. i. Policies and Procedures for Outsourcod 17voction-Screening ji, Policies and Procedures for Outsourced Function-Triage! fli. 'Policies and Procedures for ActivatIon from Waidisu- Client Services iv. Policies and Procedures for Termination froiu Waitlist- Client Services R. Maintain wait lists in eCIRTS in accordance with DOEA requirements. C. Adhere to prioritization and targeting policy as set forth, in the 'Handbooh, as applicable, D. Ensure the Provider's Disaster Plan, reflects ADRC Outsourced Functions, amivally or as needed to incorporate ADRC outsourcied functions, E. Ensure against cortfliots of interest and inappropriate self-referrals, by, refen-Jog consumers in riced of optiotis counscling or long-term care services beyond the provider's scope of services tn the Aging and D:isahility Resource Center. F. Ensure that services provided are in the clients' best interest, are the most cost effective, of high, quality, and are respons We and appropriate to the assessed n"ds, The Assessed Priority Consumer List r(APCL) is maintained Mien services funded by,the department are not availAle, 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 sctvices,when, Noding is not availabic. Page 63 of'67 AA-829 Alliance for Aging,Inc., Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Outsonmed function,—Screening Creation Date: March 5, 2008 Revision, Date: October 2019 Review Date: October 2019 Objertive- To ensure that a comproherisive 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. 'ro,obtain necessary information from clients in order to assist in determining level of need and eligibility for registered services funded through OAA and LSP prograrns, ,Procedure: I providers Fill I collect i n fbrm ati o n from, callers and c o,nd uc t a 701 S, assessm ciit, A Iternat iv e y, if a '701 A(B) assessment already exists or is provided from, another Provider the information 'from the '701 B can be utilized. 2. The Prov idCT w i 11 dete rmi ne the services needed and trite ap prop ria le fund i ng S olu rce(s)that provides the needed services., If the caller is in need of'a service(s) that is, not provided by the Provider, the Provider will refer caller to the ADRC Elder HOplinc, as well as,to other contracted Providers and community organizations. 3, The caller will be provided with general iftfoormation regarding the ADRC as well as the ADR C Elder Helipline contact number. The caller will be infornied of the services and fundingsources that they are being placed on the wait list for in 01 RTS, 5. For non-case managed programs,the Provider Will create a client record in CIRT if there is no cKisting record) and enter the services needed for the caller by fundling source and service, if there is an existing record in CIRTS, theappropriate fields will be upidated). 6, If the Provider detennints that the caller may qualify !for more than one program for which the Provider is funded,the Provider is encouraged to eater the appropriate information undermultiple,funding sources. (Ifthere is an existing client record in 'III TS, the clieratceord in C'IRTS will be updated with appropriate 7, The Provider will inform caller that the will receive an annual re-assessment based on DOE A Wait List Reassessment Standards and encourage caller to contact the ADR C Elder Helpline with any questions. Page 64 of 67 AA-2329 Alliance for Ag�ing, Inc. Aging and Disability 'R peso urce Center/Elder Helplinc Policy and Procedure for Ou,tsourced furKtion -Triage Creation Wte- March 5,2008 Revw0ft Date. October 2019 Review Date. October 20,19 Objecfive» 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, determired,by CURTS priority score. Procedure.,, I. The Provider will c�onduct annual reassessments based on DOEA Wait List Reassessment Standards. 1 If th,ere 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 infortnation in CIR,"rs specifically as it pertains to level of need for services by funding sourcc, 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-screcning, the Provider must rescreen, Definitions; and examples of significant change are documented in the DOEA Programs & Services Manu,al Chapter 2, 4, If the caller is,in need of a service(s)that is not provided by the Provider,the Provider will,refer caller the ADRC Elder Helpfine,as well as,,to other contracted Providers and community organizations,.The caller will,be infon-ned of the services,and, funding sources that'the wait list for ood/or have been removed from the wait list for. S. The Provider will remind client of the ADRC Elder Help Line contact number and to contact the ADRC Elder Flelp Line wiffi,any questions or concerns, & As,funding beeornJeS available,the Provider will run CIRTS Prioritization Report and activatc clients according to DOEA Standards,(refer to ADRC Client Activation Policies and Procedures). The Contracted Provider wdl apply taming criteria, as appropriate, to prioritized clients to ensure activations meet programmatic requirements. Page 65 of 67 AA-,2329 Alliance for waging,Inv. Aging and Disability Resource Center/Eider Helplitte �Polley and Procedure for Activation from,Wait List—Clieuts/Servites Creation Date: March 5, 2008 Revision Date: Octot=2019 Review Date. October 2019 Objective. To"sure that Odcr% in need of DOEA funded services in Miami-Dade an,4 Monroe Counties and on the CIRTS walt list:begin to receive services as funding becomes available, Pofier: ADD C will: work with Providers to ensure that clients waiting for DOE, funded scirviCes begin to receive those services as GW'ifig becomes available. Procedure: 1. The Provider will activate clients on CIRTS wait list ba,sed on IDEA prioritization polices and funding availability. 2 The Provider will,update,CIRTS,status,by funding source and service for any services being activated fortheclient usin,g appropriate,CIR:TS codes. 3, Client may bur left on wait list of a different funding,source than the one WaS 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,detennines that the client's need will persist after the temporary funding source is exhausted. 5, The Provider willl inform the Client of any servicesIfunding source that they are beIng activated for as well as those services and funding sovirm,that they will continue to be walt listed for. 6. The Provider will inform cheat to contact the ADRC Elder Helpline if they have any, questions or concerns re gard in g the status of any of their services, Page 6 6 of 67 AA-2329 Alliance for Aging, Int. Aging and Disability Resour-r-c Center AElderRelpfine Policyond Procedure, for Termination from WaitUst—ClientsfServices Creation Date: March 5, 2008 Revision Date,: October 2019 Review Date: October 20 19 Objective: To erasure that the compre-heinsive list of chents in need of services in CIkTS is appropriately maintained by Nndlng source and that the A DRC is thereby able to effectively gouge the current level of cider service need in Miarni-Dadc and Monroe Counties. Polky t ADRC will traintain an accurate and current list ofclivmts in need of elder services in Miami-Dade and Monroe Counties with the assistance of the ADRC Contracted Providers. Procedure-. L The Provider will re-screen clients which the Provider rtitially placed on the C'IRTS 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,(Le,, activeipendJng) 3, Thc Provider will determine if the client is no longer in need(or cligible) for any of the services they were wait- listed for, 4. Tlie Provider will terminate the client from the wait list (onitirely or by specific service) using the appropriate CIRTS teTinination code for any services or funding source forwhith 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. & 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 ?rovider will inform chent, to contact the A,DPC Elder Helpline if they have any q1tiestions Or COIFICURS regarding their wait list status. 8. Reference the Handbook as applicable. Page 67 of 67 OAA Contract ,AA 2329 .- Provide Sligned Final AVOit Report Created: 2023-01-08 BY: Slan Mmeese- S43 W! Signed Transachon ID E3JCHEICAABAAs,bonBQsPBv� KG;)tIWDqSwjkl U.N fa-w7v "'OAA Contract AA 2329 - Provide Signed" History '16"ll DQrument oreated by Stan Moneese (mcneeses@alliance:foraging.org) 2023 01-08,.-2:40:25 AM GMT-W address: 18,204,135,46 Document email to rothmanirn,@all anoeforaging,org for signature, 2023-0,1-08-2:42�24 AM GMT EmaH viewed by rothnianm@a�lln2n�Cefo,raging.org 2023-01.08-2.52w21 AM GMT-Pacldres-s. '104.28,79,.148 Signer rothMarnm@allianceforaging,or g entered narne at signing az Max B. Rothman 2023-01-08-10:34:27 PM GMT-JlPaddress:73.2,45,1:7.80 ,"%,j DoCrUment e-sil9ned by Max B, Rothman (rothman m@MHapLefcraging.,crq) SigrraWre Data 202MI-08- 10:34:29 PM M7'-llirneScurm'l seed r-15 address-,,78.245.17,50 CA Agreement completed. 202 3-01-08-1 QJ425 RA UNU Adobe Ac'robait Sign IMEMEIIIIIIIIEEMEMEMME