Loading...
Item C34 C34 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: C34 2023-3128 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham N/A AGENDA ITEM WORDING: Ratification and approval of Amendment#002 to Contract RP-2129.3 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners/Monroe County to reduce funding by $90,000.00, bringing the total funding from $216,704.30 to $126,704.30 for the contract period 10/01/2023-09/30/2024. ITEM BACKGROUND: The primary purpose of the American Rescue Plan grant funding is to prevent,prepare for, and respond to, the coronavirus disease-19 (COVID-19); including provide supportive services, nutrition services, preventive health, and provide support services for family caregivers. Preference is given to older individuals with the greatest economic need, older individuals with the greatest social need, and clients who continue to practice social distancing due to concerns over COVID-19. PREVIOUS RELEVANT BOCC ACTION: BOCC approved Amendment#001 to Contract RP 2129.3 on 02/21/2024 BOCC approved Original Contract RP-2129.3 on 10/18/2023 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Reduction of funding STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment#2 -2129.3(partially signed).pdf Amendment#1 RP-2129.3(fully executed).pdf Original FRP Funding Agreement_C29_Alliance for Aging RP-2129.3 (2023-2024).pdf 2031 FINANCIAL IMPACT: Reduction of funding by $90,000.00 2032 AMENDMENT 002 CONTRACT RIP - 2129.3 Page THIS AMENDMENT is entered into between the Alliance for Aging,Inc. hereinafter referred to as the"Alliance",and Monroe County Board of County Commissioners,Social Services/In-Home Services,hereinafter referred to as the"Contractor",and collectively referred to as the"Parties." The purpose of this amendment is to reduce funding of the existing ARP contract in Subtitle IIICI as follows(The specific servics are highlighted below): The Alliance shall make payment to the provider for the provision of services up to a maximum number of units of service and at the rate(s)stated below: Se 'ce to a rovi Service Maximum Units of a ice Maximum Unit Rate PEE45 Additional Total Dollars 6 2 Chore 111 .00 5 5120.00 Companionship 11113 $11.00 5 5 $55.00 Escort 11113 $16.67 5 - 5 $83.35 o e akerllI6 $33.20 1 $5,202.12 Personal Care II10 $33.20 123 - 123 $ ,071.66 Screening&Assessment 1116 $26.36 5 5 $131.80 Shopping Assistance 1116 $13.00 1 1 $13.00 Telephone Reassurance 1116 $27.37 1 - 1 $27.37 Congregatea is Cl 16,111 (1 ) 6,111 From /1/ 1 01 Congregate Meals Screening Cl 20.00 250 250 $5,000.00 Nutrition CounselingCl $70.56 Nutrition Education C1 $1.02 From 2/1/24-9/30/24 lfome Delivered eals Frozen C2 $5.00 9,600 9,600 $48,000.00 Screening&Assessment C2 ___126746 76 - 76 $2,000.00 From 2/1/2 -9/30/2 Chore IIIES $24.00 146 - 146 $3,500.00 Specialized Medical Equipment IIIES Cost Reimb. $3,500.00 Tech Adin Flat Fee -Care Predicts(30 slots) Cost Reib. E A T T All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment.All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment.This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF,the parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized. Monroe County Board of County Commissioners, Alliance for Aging,Inc. Social Services/on- o e Services SIGNED Y: SIGNED BY: c�;� r��k,�r�,���(c����z", 1 zn77i.77 NAME: m IT„ �l/ / NAME: Max B.Rothman,JD,LL.M. �. _. 5e TITLE: 't1�i1 r ®„•W T E re s ent&CEO DATE: .................^_.___.__.w. DATE: Prepared 9/12/2024 Fop r oved as to legal form 4,l,,pfficiency: SIGNED NAME: Holly Raschein TITLE: MAYOR Eve M. Lewis assistant County.Attorney Date: 10/2/24 2034 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 4, 2024 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: February 21, 2024 BOCC Meeting The following item has been executed and added to the record: C18 Amendment to the Contract No. RP-2129.3 with Alliance for Aging, Inc., and Monroe County/Monroe County Social Services In-Home and Nutrition Programs, to increase funding in the amount of$200,000.00, bringing the contract total from $16,704.30 to $216,704.30, for the contract period of October 1, 2022 through September 30, 2024. 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 2035 AMENDMENT 001 CONTRACT RP - 2129�.3 Rage 1 THIS AMENDMENT is entered into between the Alliance for Aging,Inc.hereinafter referred to as the, "Alliance", and Mionroe County Boaird of County Commissioners,Social Services/In-Home Services,hereinafter referred to as the"Contractor",and collectively referred to as the"Parties." The purpose of this amendliment is to increase funding of the existing ARP contract in the following subtitles: The specifiic services are bolided below. Title C1 $150,0010.00 $150,000.00 Title C2 $50,000.00 $50,000.00 TOTAL $200,000.00 $200,000.00 This amendment changes the totail ARP contract funding from: $ 16,704301 to: $ 216,704.30 The Budget S,ummairy by Title for the Contract year(October 01,2022-September 30,2024)is as follows: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT American Rescue Plan Administration U.S.Health and Human Services 93.043-044 American Rescue Plan for Supportive Services under Title I 11-B of the Older Americans Act I.F.S.Health and Human Services 91044 $9,704.30 American Rescue Plan for Supportive Services under Title III-Cl of the Older Americans Act U.S.,Health and Human Services 91045 $150,000.00 American Rescue Plan for Supportive Services under Title III-C2 of the Older Americans Act U.S.Health and Human Services 93.045 $50,000.00 American Rescue Plan for Supportive Services under Title 111-D of the Older U.S.Health and Human Services 93.043 Americans Act American Rescue Plan for Supportive Services under Title ill-E of the Older U.S.Health and Human Services 93.05,2 $7,000.0,0 ,Americans,Act ITOTAL FEDERAL AWARD $216,704.30 2036 AMENDMENT 001 CONTRACT RP- 2129.3 Page 2 The Alliance shall make payment to the provider for the provision of services up to a maximum number of units of service and at the rate(s)stated below: Service to be Provided Service Maximum Units of Service Maximum Unit Rate Prior Units Additional Total Dollars Chore IIIB $24.00 5 - 5 $120.00 Companionship IIIB $11.00 5 - 5 $55.00 Escort 1118 $16.67 5 - 5 $83.35 Homemaker IIIB $33.20 157 $5,202.12 Personal Care IIIB $33.20 123 (0)_ 123 $4,071.66 Screening&Assessment IIIB $26.36 5 - 5 $131.80 Shopping Assistance 11113 $13.00 1 - 1 $13.00 Telephone Reassurance IIIB $27.37 1 - 1 $27.37 Congregate Meals C1 $9.00 16,111 16,111 $145,000.00 From 2/1/24-9/30/24 Congregate Meals Screening C1 $20.00 250 250 $5,000.00 From 2/1/24-9/30/24 Home Delivered Meals Frozen C2 $5.00 9,600 9,600 $48,000.00 Screening&Assessment C2 $26.46 76 76 $2,000.00 From 2/1/24-9/30124 Chore IIIES $24.00 146 (0) 146 $3,500.00 Specialized Medical Equipment IIIES Cost Reimb. $3,500.00 1CONTRACT TOTAL AS AMENDED $216,704.30 All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with♦this amendment./All provisions not in conflIC'..—L aL:_­­­---­..:___­-—----_I-performed--____-A­-_ I WILII L111b dII1VIIUfIICII1L dIC bi.111 III V-11ULL dFJU dle LO De pertormed at the level specified in the contract are hereby amended to conform with this amendment.This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF,the parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized. Monroe County Board of County Commissioners, ALLIANCE FOR AGING,INC. Social Services/In-Home Services R&9 A0 SIGNED BY: SIGNED BY:Max B.Rothman(Rb 6,2024 10:s9 EST) NAME: Roman Gastesi NAME: Max B.Rothman,JD,LL.M. TITLE: Monroe County Administrator TITLE: President&CEO DATE: February 6, 2024 DATE: Feb 6, 2024 Prepared 1129/2024 r� U&': J, tGNJEDW 416".1 Comt,.Att�Zr'06 J1 Holly Merrill Raschein Z51 C.-ty Am—, A§ T4TLr MAYOR DZl J, S -) -Attestevin Madok, Clerk cz; S DIputy Clerk I 2037 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 27, 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: October 18, 2023 BOCC Meeting The following item has been executed and added to the record: C29 American Rescue Plan Contract RP-2129.3 between the Alliance for Aging, Inc., (AAA) and Monroe County Board of County Commissioners/Monroe County Social Services for a funding total of$16,704.30 for contract period 10/01/2023 - 09/30/2024. 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 2038 RP-21293 ALLIANCE FOR AGWING, INC. STANDARI)CONTRACT American Rescue Plan TIUS CONTRACT is entered into between the Alliance for Aging, [tic., hereinafter referred to as the "Alliance," and Monroe County Board,of Count),Corninissioners, Social Services/In- home Services,hereinafter referred to as the"Provider",and collectively referred to as the"Parties." The tenn, Provider for this purpose may designatea vendor, sub-gratitee or sub-recipient, the status to be further identified in ATV ACI INIEN"I"11, Exilibit-2 as necessary, WITNESSET1111711AT: WHEREAS,the Alliance has estabIlshed through the Arena Plan 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 faithfilly perforni, such services as all independent Provider ofthe Alliance. NOWT11EREFORE, in consideration of the so-vices to be performed and payments to be made,(OgCtIlCr With the Ininual covenants and conditions hereinafter set forth, the parties agree as follows� 1. Purpose ofContract `file purpose ofthis contract is to provide services in accorclance NNith the terns and conditions specified in this contract including all attachments and exhibits, which C0115611AAC the contract document. 2. Definitions ADL—,Activities ot'Daily Livilq,, APS—Adult Protective Services ADA--Americans with Disabilities Act Alliance--,Area Agency oil Aging AN't,—Assessed Priority Consumer List ("ll'O'S--Client Information and Registration Tracking System DOFA —Deparlitient oft,"Ider Affairs(The Department) I&R—Information and Referral IADL—Instrumental Activities ot'Daily Living N/l 1)1) MaJor Disaster Declaration MC)A—Memorandum of Agreement NKA I—mollorandurn of Understanding PSAs ­Planning and Service Areas corresponding to Mianii-Dade and N'lonroc Counties SPA —Service provider Application USDA—United States Department of Agriculture 3. Incorporation of Documents within the Contract 'rhe contract incorporates by reference attachments,proposal(s),solicitati:on(s), Provider's Service Provider Application,and the current DOEA Programs arid Set-vices I landbook. Any and all contracts or agreements executed between the Provider and the Alliance during the effective period of this contract shall be governed in accordance Nvith the applicable laws and statutes. 4. Term of Ctintract The contract shall begin at twelve(12:00t A.M.,Eastern StandardTinie,oil October 1,2023,or on the date the contract has been signed by the Iasi party required to, sign it, whichever is later. It shall end at clevol fifty-nine (11:59) P.M., Eastern Standard Time,Oil September 30,2024, 5. Contract Amount 'Tire Alliance agrees to pay for contracted services according to the terns and conditions of this contract in an amount not to exceed $16,704.30 Subject to the availability of funds. Any costs or services paid for under army other,contract or frorn any other source are riot eligible for payment under this contract. 6 Renewals By mutual agreement of the parties,the Alliance may renew the contract for two additional one-year periods. Contingent upon satisfactory performance evaluations by the Alliance and tile availability of funds,any renewal is subject to the same terms as the Page 1 of 72 2039 RP-2129.3 original contract and any amendments,with the exception of establishing unit rates which is described further in this section. The original contractual unit rates are set forth in the bid proposal and reply. Requests to renegotiate the original contractual established rates are provided for in the Alliance's approved Reimbursement Rate Review Policy, which is incorporated by reference. This contract may be extended upon mutual agreernent for one extension period not to exceed six months to ensure continuity of service. Services provided under this extension will be paid for out of the Succeeding agreement amount. 7, Compliance with Federal Law 7.1 This contract contains federal funds. The following shall apply:: 7.1.1. Time Provider shall comply with tile provisions of 45 CFR 74 and/or 45 CFR 92,and other applicable regulations. 7.L2 If this contract contains federal funds and is over $100,000.00, time Provider shall comply with all applicable standards, orders, or regulations issued Under s. 306 of the Clean Air Act as arnended (42 U,S.C. 7401, et seq.), s. 508 ofthe Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seg.), Executive Order 11738, as amended,and where applicable Environmental Protection Agency regulations 40 CFR 30. The Provider shall report any violations Of the above to the Alliance, 7.13. The Provider, or agent acting for the Provider, may not use any ficcleral funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. 'File Provider must complete all disclosure forms as required,specifically the Certification of Assurances Attachment, which rnUSt be completed and returned with this signed contract. 7.1.4. In accordance with Appendix A to 2 CFR 2M the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order H 375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 7,1.5. A contract award with an amount expected to equal, or exceed $25,000,00 and certain other contract awards shall not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarnient and Suspension." The Excluded Parties List System contains the narnes of parties debarred,suspended,or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Provider shall comply with these provisions, before doing business or entering into Subcontracts receiving federal funds Pursuant to this contract. "file Provider shall complete and sign the Certification and Assurances Attachment prior to execution of this contract. T2. The Provider shall not employ an unauthorized alien. The Alliance shall consider the employment Of unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. 1 124 a)and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1 10 1), Such violation shall be cause for unilateral cancellation of this contract by the Alliance. 7.3. If the Provider is as non-profit Provider and is.subject to Internal Revenue Service(IRS)tax exempt organization reporting requirements(filing a Form 990 or Form 990-N)and has its tax-exempt status revoked for failing to comply with the filing requirements of the 2006 Pension Protection Act or for any other reason, the Provider must notify the Alliance in writing within thirty (30)days of receiving the IRS notice of revocation. 7.4. lT`he Provider shall comply with Title 2 CFR Part 175 regarding Trafl ickiag in Persons. 7.5. Unless exempt under 2 CFR Part 170.11 O(b),the Provider shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170, 7,6, To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number I I-116, Provider agrees to utilize the U.S. Department of Horneland Security's E-verify system to verify the employment of all new employees hired by Provider during the contract term. Provider shall include in related subcontracts a requirement that subcontractors and/or vendors performing work or providing services pursuant to time state contract Utilize the E-verify system to verify employment of all new employees hired by time subcontractor and/or vendor during the contract tern), Providers meeting the terms and conditions of the E-Verifv System are deemed to be in compliance with this provision. Page 2 of 72 2040 RP-2129,3 S. Compliance with State Law &1, This contract is executed and entered into in the State oft'lorida, and shall be construed, performed and enforced in all respects in accordance with the Florida law. including Florida provisions for conflict of laws. 8,2. The provider shall comply with the requirements of s,287.058, Florida Statutes(F.S.)as amended. 8.2.1. The Provider shall provide units of' deliverables, including reporting, findings, and drafts, as specified in this contract, which the Contract Manager raust receive and accept in writing prior to payinent, 8.11 '1 1w I)ro%ider shaH colup1% k%id-1 01V c:ritcrka and final dillo law wOlich Such c6lcf is must hi: Inlet 1,61,comp ,doll ol,this Contract as specified in A I J AUI IN11 NT I. Scclion 111. Method (il' PaN meat. 8.2.3. The provider shall submit bills fr)r fees or other coinpensafion for services or expenses in sufficient detail for a proper pre-audit and post-audit. 8.2A, If iternized piyrnent for travel expenses ls permitted in this contract, the Provider will submit bills for any travel, expenses in accordance with s. 112,061, F.S,or at such lower rates as may be provided in this contract. 8�.2.5. The Provider shall allow public access to all documents, papers, letters, or other public records as del"ined in subsection 1 19,011 If 12)1, F'&, made or received by the Provider in conjunction with this contract except for those records which are inade confidential or exempt by law. The Provider's refusal to cornply with this provision shall constitute an immediate breadi of contract tbr which the Alliance for Aging, Inc. rnay unilaterally terminate the contract, 831, I elients are to be transported under this contract,, the provider shall comply with the provisions of'Chapter 427, I".S.,and RUle 41-2, Florida Administrative Code(J". A,C), 8A, Subcontractors and/or vendors,who are on the discriminatory vendor list may not transact bLlSilICSS with any public entity, in accordance with the provisions ofs.287'.134, F.S. 8,5, 'the Provider will comply with the provisions of s. 11.062, F.S., and s, 2l6.347, F.S., which prohibit the expenditure of' contract l'unds fbr the purpose of lobbying the legislature,judicial branch or a state agency, 8.6. In accordance with s. 287.135 F.S- arly Provider on the Scrutinized Companies with Activities in StIclan List, the Scrutinized (I I I orripanies with Activities in the Iran fIctroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List(Lists), created pursuant to s.215.47.1 F,S. and 2 15.4725, F.S,or is engaged in as boycoll of Israel,or is cligaged ill business operations ill Cuba ol.Syria, is ineligible to enter in((,)or renew a contract Nvith the Department for goods or services of$1,0V00,000 or more. Pursuant to s. 287.135 FS,, the Alliance niay terminate this contract if'the Provider is found to have subrililled a false Certik,-lti011 Of its SUOUS, on the Lists or has been placed oil the Lists Or is engaged in a boycott of Israel or has been engaged in business operations,in Cuba or Syria. funher,the Provider is SUbject to civil penalties, attorney's fees and costs and any costs fir investigations that led to the finding of false certification. The Provider shall complete and sign the Certificalfions and ASSUrances Attachment,prior to the CXCCUti011 ofthis contract. 9. Background Sereenhig 9.1. The provider shall comply with and ensure subcontractors are in compliance with the requirements of s, 430.0402 and Chapter 435,F.S,as amended,are met regarding background screening for all persons who meet the definition of direct service provider and who are not exempt from the Department's level 2 background,screening pursuant to s.43OAt402(2)- (3), F.S. The Provider must also comply with any applicable, rules promulgated by, the Department and the Agency for Health Care Administration regarding implementation of s. 430.0402 and Chapter 435, I"S, 9 1 Further information concerning the procedures for background screening is found at hutn dova Page 3 of 72 2041 RP-21293 10. Grievance Procedures '['lie Provider shall comply with and ensure subcontractor andOr vendors compliance with the NvIinil-num Chddehnes for Recylent Grievance Procedures, Appendix D, DOEA Progmms and Services I landbook,to address complaints regarding the termination, suspension or reduction of services,as required for receipt of funds. 10.1. Complaint Procedures ne Prodder shall develop and itniflernemm complaint procedures and emwv that subcontractors and/or vendors develop and implement complaint procedures to process and resolve Ohm dissatisfaction with services,.Complaint procedures shall address the,qmMy mid timeliness of services, provider and direct service worker complaints,or any other advice related to complaints o0cr than tenninadon,suspension or reduction in services that require the grievance process as described in Appendix D, Department of Elder Affairs Prugmris and Services Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and Ndu&tradhig the date,nature of compb0t, the determination of each co plaint,and the follow-up with the client to ensue satisfaction with the resolution 11, P"Wic Rewnh crud Reterithon Ily CXMHi011 Of W cor0mcL Provider agrees to all pro%iskmis o(TaMer 119, F.S- and any offier appi ical,)Ie ILI%\ and shall. I 1,1,1 Keel) and roahuain public records roWimd by the lXparnuent to perkwrn the coninwted services. 1 1.1,2 I)porr mcimm from Me 10palmno14 custodin orpuNic records, provide a copy offlic rcques[ed records or Ohm the words to be illspeoed or col Od Whin to reaso"ahic time at a cost that (loe,, not exceed Ilse cost provided in Chapter I J9.F Q or-as othei%visc provided by la\w. I L 13 "Sure that prj)jjC lnarC(')I-dS lflujt are e'%elnIlt or Coufi(ieuli"ll alid CXQ'11I[11„ pribliC I-CColdS diScIOsLIrC lQquirenlents are not discl(vwd excu'pt OS W1.110ri/Od hy1mv for to dwation of the conu-,,ct lcrru and Cojjlpletiojl o -acl provider doesIj()j lrujj,�f'ejn tile rQcords to the Alharicc. l'[lie colul I LIA 1)poll Completion of tile contract,the ProN idcr \v tO either transfer,al Ilk)Cost to than Departinerh or 11w Alliance, nQ puhUc mcords in possessimi of Te Provider, or vvill keep and 111annlill public; records required hy the Departmem. Mile NovidutransIN all public records to the Ikparimcm upon canpledon onhe cornw, provider shall deshv3 any duplbruc puhlic rcccrrds ujat ,irceXeMpt, or and oxenlp�' I'l-oln t)LII)IiC T'CCORIS disCiOSLUe reLlUirellICHIS, if the. J'ro /idej- kecps and maintains public l-CCORIS Up011 ccanplethn orthe corr"w , the provider simll incet all applicable requkernew Ar rcWinhig MAW mwnk AIt recoldS StMC(l CIQOV(flliCallly rnLIS[ he provided to the llopanmenl in a kwnmt that is mnpatilde with the WNwinabon techrrohT) systems orme [kpa"ruclin, I L2 Me Allialwe no, unlilutemlly cancel rids smuract-nmwWalwou my other provisions ill'this Conlraet, I'or rel'usal by dw provider to colnply %%ith Al I WIAIFN F I of this wrlurau hyl not alio%N inn, public awcess to odl docurnerils,pqcrs. letters. or cqIler material luadc or rceei%cd by tile Provider ill coloturclion %vidl this ColaruCt UnIeSS tile rcCua'(j1,,, are exempl,or emlidenthl and exempt, but Scohn 24(n)of Article I of be Solic (VmAwAm amis, I NAM I Y FS, IF THE PROVU)ER "AS QUESHONS REGAIRIDING THE APPLICATION" 01' CHAPTER 119, FLORIDA STVTUTES, TO ITIT, PROVIDEW DUTY ID PRONADE PURLIC RE(I)RDS RELATING IT) TIIHS (X)WRA14,CWNTAUF THE (ISTODIAN OF 141131,IC RE(VRDS AT: Pobfiv Records Coordinator. l"lorida Department of Elder Aft'airs 4040 Esphnnule Way Wahasseq RoHda 32399 850-414-2342 Page 4 of 72 2042 RP-21293 12 Audits, Inspeetions, Investigations,Public Records and Retention, 12,1 The Provider shall establish and maintain books,records and documents(including electronic storage media) sufficient to reflect all assets,obligations, unobligated balances, income, interest and expenditures of funds provided by the Alliance under this contract. Provider shah adequately sakguard all such assets and assure they are used solely for the purlioses, authorized under this contract. W"henever appropriate,, financial information ShOUld be related to performance and unit cost data. 112 The Provider shall retain all client records,, firiancial records, supporting documents, statistical records, and any other documents(including electronic storage medial pertinent to this contract for a period of six (6)years after completion of the contract or longer when required by law, In the event all audit is,required by this contract,records shal I be retained for a rinnilriurn period ot's,ix(6)years after the audit report is issued or Until resolution ofany audit findings or litigation based on the terins of this contract,at no additional cost to the Department or the Alliance, 123, Upon demand, ait no additional cost to the Department or the Alliance, the Provider will facilitate the duplication and transfer of any records or documents during the required retention period in paragraph 12.2. 12,4, The Provider shall assure that the records described in this section shall be subJect at all reasonable times to inspection, review, ccq)ying,or audit by Federal, State,or other personnel duly authorized by [lie Alliance. 12.5, At all reasonable times for as long is records are maintained,pers(nis duly authorized by the Alliance,the Department and Federal auditors,pursuant to 45 C.FR Part 75,shall be allowed Full access to and the right to examine any of the Provider's contracts and related records and documents pertinent to this specific contract, reZ,gardless ofthe form in which kept. 12.6. 'rhe Provider shall provide as financial and compliance audit to the Alliance as specified in this contract and ensure that all related third-party transactions are disclosed to the auditor. 117, [lie Provider shall comply and cooperate irriniediatel), with any inspections, reviews, investigations, or audits deenied, necessary by the office ofthe Department's lrispector General pursuant to s, 20,055, F,S, Provider Further wrces that it SIMH hlClMk ill I-CIMCrd Subconli"'Icls a rccluircment that subcoiitrac�ors and,or kendi.)rs perl"orinil,q.2 \Norl,',car providing llcl'%Iic ie's j-'sursualil to thin, contract rg,irec lo well erate r%ith the Alfiviccol-Inspector Clioneral in any 011,Mldk, ivaSffCIJOHI NOC'%N,01111C,1611Q j)M`,lldW to a,. 20.055(5), F,S. BN e\eCt16M`l 101'06S LOIMdd dW idCT C0M'Q,\,'S 010i is araaclerstaaraa.ls and will �:olllply widl this suh,;eclioil. 13, Rights(..'onipflance 111 The Provider shall execute assurances in ATTACHMENT VI that it will not discriminate against any person in the provision of services or benefits undeod this contract or in employment because of'age, race, religion, color, disability, national origin,marital status or sex in compliance with state and federal law and regulations. The Provider farther assures that all Providers,subcontractors, vendors, sub-grantees,or others with whom it arranges to provide services or benefits in connection with any of it,,;programs and activities are not discriiiiinating against clients,or employees becauseol'age,race, religion,color,disability,national origin,marital status or sex. 112 During the term of this contract,the Provider shall complete and retain on file a timely,complete,and accurate Civd Rights Compliance Checklist,attached to this contract. 13.3 The Provider shall establish Procedures PLU'suam to federal law to handle complaints of'cliscrilnination involving services or benefits through this,C011tract. These procedures will include noti(Ving clients,employees, and Participants ofthe right to file as complaint with the appropriate federal or state entity. 13.4 If this contract contains federal funds, these assurances are a condition of continued receipt cif or benefit frorn federal financial assistance, and are binding upon the Provider, its successors, transferees, and assignees for 111c period during which such assistance is provided. The Provider ftirther assures that all SWXOntractors, vendors, or others with whom it arranges to provide services or benefits,to participants or employees in conriection with any of its Programs and aefivities a re not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply,the Provider understands that the Alliance may,, at its discretion, seek a Page 5 of 72 2043 RP-2129.3 Court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relilef, including but not limited to,termination of and denial of further assistance. 14. Provision of Set-vices The Provider shall provide the services referred to in A I"I'ACHMENT'till in the manner described in the Department's Programs & Services Handbook and the Provider's Service Provider Application (SPA), In tile event of a conflict between the Service Provider Application and this contract,the contract language prevails. 15. Monitoring by the Alliance The Provider shall permit persons duly authorized by the Alliance to inspect and copy any records,papers, documents, facilities, goods and set-vices of the Provider which are relevant to this contract, and to interview any clients, employees and subcontractor/vendor employees ofthe Provider to assure the Alliance of the satisfactory performance of tile terms and conditions of this contract. Following such review, the Alliance will deliver to the Provider a written report of its findings, and where appropriate, the Provider shall develop a Corrective Action Plan (CAP). 'File Provider hereby agrees to timely correct all deficiencies identified in the CAP, 16. (.;oorclinated Monitoring with Other Agencies If the Provider receives funding from one or more of the State offlorida,human service agencies,in addition to Alliance funding, then ajoint monitoring visit including such other agencies may be scheduled. For the Purposes of this contract,and pursuant to s. 287.0575, F,S, as amended, Florida's human service agencies shall include the Department of Children and Families, the Department of I lealth,the Agency for Persons with Disabilities,the Department of Veterans Affairs,and the Department ofEllder Affairs. Upon notification and the subsequent scheduling of such a visit by tile designated agency's lead administrative coordinator,the Provider shall comply and cooperate with all monitors, inspectors,and/or investigators. 16.1 Nevv Contract(s)Reporting: The Provider shall notify the Alliance within ten(10)days of entering into a new contract with any other state human service agency. 'rhe notification shall include the following information: (I',) contracting state agency and the applicable office or prograrn issuing the contract;(2)contract name and number;(3)contract start and end dates;(4)contract amount;(5)contract description and commodity or service; and(6)Contract Manager name and contact information, 17. indemnification The Provider shall indenuiil"v, save, defend, and hold harmless the Department and the Alliance and its agents and employees from any and all clairns, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided, for herein, It is understood and agreed that the Provider is not required to indemnify the Alliance for claims, demands, actions or causes of action arising solely out of the Alliance's negligence. 18. Insurance and Bonding 18.1 The Provider shall provide continuous adequate liability insurance coverage during tile existence of this contract and any renewal(s) and exlensiort(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), 17.S., the Provider accepts full responsibility for identifying and determining the type(s all(] extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this contract. Tile Alliance shall be included as all additional insured on the Provider's liability insurance policy or policies and as copy of the Certificate of Insurance shall be provided annually or when any changes—occur. The limits of coverage under each policy maintained by the Provider do not limit the Provider's liability and obligations under this contract.The Provider shall ensure that the Alliance has copy of the most current written verification of insurance coverage throughout tile tern;ofthis contract.Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Horida. The Alliance reserves the right to require additional insurance as specified in this contract. 18.2 Throughout the term of this agreement, the Provider shall maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the Provider authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the fonds handled,the degree of risk as determined by the insurance company and consistent with good business practices. Page 6 of 72 2044 RP-2129.3 19. Confidentiality of Information Tile Provider shall not use or disclose any information concerning a recipient of set-vices under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 20. I-lealth Insurance Portability and Accountability Act Where applicable, the Provider shall comply with tile Health Insurance Portability and Accountability Act of 1996, Public Law 104-19 1.),as well as all regulations promulgated thereunder(45 CFR 160,, 162,and 164). 21, Incident Reporting 21 J The Provider shall notify the Alliance immediately but no later than forty-eight(48)hours from the Provider's awareness or discovery of conditions that may materially affect the Provider's, subcontractor's, or vendor's ability, to perform tile services required to be performed under any contract. Such notice shall be made orally to tile Contract Manager (by telephone)with an email to immediately follow. 21.2 The Provider shall immediately report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person,or disabled adult to the Florida Abuse I lotline on the statewide toll-free telephone number(I-800-96AB USE). As required by Chapters 39 and 415, F.S, this provision is binding upon the Provider, subcontractors, vendors, and their employees. 22. Bankruptcy Notification If, at any time during the term (if 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 Provide]- must also provide the following information to the Alliance: (I)the date of Filing of the bankrUptCy petition; (2) the case number; (3) the court name and the division in which the petition was filed(e,g.,Northern District of Florida,'I'allahassee Division); and(4)the narne,address,and telephone number of the bankruptcy attorney. 23. Sponsorship and Publicity 23.1 As required by s. 286.25,, F,S., if the Provider is a non-govenintental organization which sponsors a program financed wholly or ill part by state funds, including any funds obtained through this contract, it shall, in publicizing,advertising, or describing the sponsorship of the program,, staW "Sponsored by (Provider's name), the State of Florida Department of Elder Affairs and the Alliance for Aging, Inc." If the sponsorship reference is in written material, the words "State of Florida, Department of Elder Affairs" and"Alliance for Aging, Inc." shall appear in at least the same size letters or type as the name ofthe organization. 23.2 The Provider shall not use the words"The State of Florida Department of Elder Affairs"or"Alliance for Aging, Inc."to indicate sponsorship of a program otherwise Financed,unless specific authorization has been obtained by the Alliance prior to use, 24. Assignments 24.1 The Provider shall not assign the rights and responsibilities under this contract without the prior written approval of the Alliance,which shall not be Unreasonably withheld. Any sublicense, assignment,or transfer otherwise occurring without prior written approval of the Alliance will constitute a material) breach of the contract. 242 The Alliance shall at all times be entitled to assign or transfer, in whole or part, its rights, duties,or obligations under this contract to another agency upon giving prior written notice to the Provider. In the event the Alliance approves transfer of the Provider's obligations,the Provider remains responsible for all work performed and all expenses incurred in connection with the.contract. 24.3 This contract shall remain binding upon the successors in interest of either the Provider or the Alliance. Page 7 of 72 2045 RP-21293 25, Subcontracts 25A The Provider is responsible for all work performed pursuant to this contract whether actually furnished by the Provider of- its Subcontractors and/or vendors. Any subcontracts shall be evidenced by a written dOCUtnent and subject to ally conditions ofapprovaI the Alliance deerns necessary. 'File Provider must ensure that the Alliance has acurrent list ofall subcontractors and/or vendors, The Provider further agrees that the Alliance shall not be liable to the subcontractor and/or vendor in any way or for any reason. The Provider,at its expense, shall defend the Alliance against any such claims. 25.2 The Provider shall promptly pay any subcontractors and/or vendors upon receipt ofpayrnent frorn the Alliance. Failure to make payments to any subcontractor and/or vendor in accordance with s. 287,0585, F.S., unless otherwise stated in the contract between the Provider and subcontractor and/or vendor, will result in a penalty as provided by statute. 26. Independent Capacity of Provider It is tile intent and understanding of the Parties that the Provider, or any of its subcontractors and/or vendors, are independent Providers and are not employees ofthe Alliance and shall not hold themselves out as employees or agents ofthe Alliance without specific authorization from the Alliance. It is the further intent and Understanding ofthe Parties that the Alliance does not control tile employment practices of the Provider and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Provider of- its Subcontractors and/or vendors. All dedUCti011S for social security, withholding taxes,income taxes,contributions to unemployment compensation funds and all necessary insurance for the Provider shall be the sole responsibility of the Provider. 27. Payment 27.1. Payments will be made to the Provider pursuant to s. 215.422,F.S., as services are rendered and invoiced by the Provider. The Alliance will have final approval of the invoice for payment and will approve the invoice to], payment only if tile Provider has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the Alliance's fiscal section for budgetary approval and processing. Disputes arising over invoicisig,and payments will be resolved in accordance with the provisions of s.2 15A22 F.S. 27.2. 'file Provider agrees to Submit bills for fees or other compensation for services of-expenses in Sufficient detail for a proper pre audit and post audit thereof. The Provider shall comply with tile particular requirements under the following laws and guidelines that are applicable to the contracts or agreements incorporating in this contract by refererice: (a)paragraph(16) (b)of s.2 16,18 1,F.S.,regarding advances;(b)Rule 691-40 103 F,A.C.pertaining to Restriction of Expenditures from state funds;all([,(c)tile Invoice Requirements of the Reference Guide for State Expenditures from the Department of Financial Services at: 1:or sta c kxpvq�jitwc,psil, The Provider will certify that detailed doCUrnentation is available to support each iteni oil tile iteinized invoice of,payment request for cost reimbursed expenses, fixed rate or deliverables contracts of, agreements incorporating this contract by reference, including paid subcontractor and/or vendor invoices, and will be produced UpOrl request by the Alliance, 'file Provider will further certify that reimbursement requests are only for allowable expenses as defined in the laws and guiding circulars cited in Sections 4 of this contract, in the Reference Guide for State Expenditures, and any other laws of- regulations,as applicable. 273. The Provider, its subcontractors and/or vendors shall provide units of deliverables, including reports, findings, and drafts as specified in the contracts or agreements and attachments which incorporate this contract to be received and accepted by the Contract Manager prior to payment. 27.4 Payments will be made to the Provider based on a complete and correct invoice, invoices that are incomplete or with incorrect total will not be processed and will be returned to the Provider for correction. Fiscal staff will not be able to correct or make changes to the invoices. Returning invoices for corrections may result in failure to receive payment for that month. Invoices shall be submitted timely as per ATTACHMENT VIII in order to avoid any payment delays. 27.5. Each service performed shall be recorded as specified in the client information and registration tracking systern (CIRTS) guidelines. Supporting documentation of services provided niust be adequate to permit fiscal and progralurnatic evaluation and ensure internal management. Page 8 of 7'2 2046 RP-21293 28. Return of Funds The Provider will return to the Allianceany overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of dais contract that were disbursed to the Provider by file Alliance. In the event that the Provider or its independent auditor discovers that an overpayment has been made, the Provider shall repay said overpayment itninediately without prior notification front the Alliance. In the event that the Alliance first discovers an overpayment has been made,the Contract Manager,on behalf of the Alliance,will notify the Provider by letter OfSUCh f'"idings. Should repayment not be made lorthwith, the Prov°ider will be charged at the lawful rate of interest on the OLostanding balance pursuant to s. 55.03, I-.S,,after Alhance notification or Provider discovery. 29, Data Integrity and Safeguarding Information The Provider, and its subcontractors and/or vendors shall insure all appropriate level of data security for the inforniation the Provider is collecting or Using ill the; Performance of this contract. Ali appropriate level of security includes approving and tracking all Provider ernployces that request systein or information access and ensuring that User access has been removed from all terminated employees. 'I"he Provider, arnong other requirements, must anticipate and prepare for the loss of information processing capabilities, All data arid software shall be r-outinely backed till to censure recovery fro as losses or- outages of the computer system.The security over the backcd-up data is to be its stringent as file protection required of the priniary systems,The Provider Sliall ensure all subcontractors and/or vendors maintain written procedures for-computer system back-up,and recovery. The I!,rovider.shall complete and sign ATTACHMENT III prior to the execution ofthis contract. 30. Social Media and Personal Cell Phone use: 30.1 Inappropriate rise of social media and personal cell phones may pose risks to DOEA's confidential and proprietary information and may Jeopardize compliance with legal obligations. By signing this contract, Provider agrees to the following social media and personal cell phone rise requirements. 30.2 Social Media Defined. The tern Social Media and /or personal cellular cOU"lluniCation includes, bill is not limited to, social networking wcbsites,blogs,podcasts,discussion forums,RSS feeds,video sharing,SKIS(including Direct Messages (DMs), Messages, text messages,etc);social networks like histagrarn,TikTok., Snapchat,Google Hangouts, WhatsApp, Signal, Facebook, Pint rest, and Twitter; all(] content sharing networks such as Ffickr and N,ou,rl.lbe. This includes the transmission of social media through any cellular- or online transmission via any electronic, internee, intranet, or other wireless communication. 303 Application to any direct or incidental DOF'A or other state business. This contract applies to any DO EA or other state business conducted on any of the Providers, Subcontractor's, or their employees' social media accounts or through persom.irl cellular corninunication. 30A Apphcation to I)OEA,Alliance, and providers Equipt-nent. This contract applies regardless of'NNrlletll er the social media is accessed using DOEA's IT facilities and equipment or equipment belonging to Provider,Subcontractor,or their,respective employees. EqUipinent includes,but is not fintiled to,personal computers,cellular phones,personal digital assistants,smart watches,or sultan tablets, 30 5 Florida Government ill the SLHIShinc, I"lorida public Records l.aw,and HIPAA. Provider acknowledges that any DOEA or other state business conducted by social media or through personal cellular COMMUrrication is subject to Florida's Government in the Sunshine Law,Florida's Public Records Law(Chapter 119, Florida Statutes),and the I lealth Insurance Portability arid Accountability Act(111 PAA).Compliance with these laws arid other applicable laws are further detailed in the contract. 30.6 Any, social riledia posts %Nhich include photos, videos, or names ol'clients, volunteers, staff`, or other, affiliates of DOEA may only be posted When atilhorized by law and when any required HIPAA authorizations and any other, consents or authorisations required pUrStlant to federal,or state law are on file with (lie Provider's records. 31. Conflict of Interest The Provider shall establish safeguards to prohibit elnployees,board members,management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain No employee, officer,or agent of the Provider or subcontractor shall pailicipate in selection, or in the award of,in agreement supported by state or federal funds if a conflict of'interest, real or apparent, would be involved. Such a conflict would arise whew (a) the employee, officer, or agent; (b) any inernber of his/her immediate family; (c) his or her partner; or (cl) all organization which ernploys, or is about to employ, any of the above, has a financial or other interest in the firrn selected for Page 9 of 72 2047 RP-2129.3 award,The Provider or subcontractor's officers,employees or agents will neither solicit nor accept gratuities,favors or anything of monetary value from Providers, potential Providers, or parties to subcontracts. Pursuant to Chapter 4,Section 2 of the Department of Elder Affairs Program and Services Handbook,no Provider may employ, in any capacity, any member of its governing board or any fancily member of a person on the board or family member of its Executive Director. The Providers' board members and management must disclose to the Alliance any relationship which may be, or may be perceived to be, a conflict of interest Nvithin thirty (30) calendar clays of all individUal'S original appointment or placenient in that position, or if the individual is serving as all incumbent, within thirty (30) calendar days of tile commencement of this contract.The Providers'employees and subcontractors must make the same disclosures described above to the Providers'Board of Directors. Compliance with this provision will be monitored. 32. Public Entity Crime Pursuant to s. 287.133, F.S., a person or affiliate who has been placed oil the convicted vendor list fbilo%ving a conviction for a Public entity crime may not submit a bid,proposal,or reply oil a contract to provide any goods or services to a public entity; may not Submit a bid, proposal,or reply oil a contract with a public entity, for the construction or repair of a public building Or public work;may not Submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a Provider, supplier, sub-Provider, Or consultant under a contract with any public entity; arid may not transact business with any Public entity in excess of the threshold amount provided in s. 287.4�17, F.S., (br Category Two for a period of 36 ilionths following the date of being placed on the convicted vendor list. If the Provider or any of its officers or directors is convicted of a public entity crime during the period of this agreement, tile Provider shall notify tile Alliance immediately, Non-compliance %vith this statute shall constitute a breach of this agreement. 33. Emergency Preparedness and Continuity of Operations '['he Provider shall,within thirty(30)calendar days of the execution Of this Contract,submit to the Contract Manager verification ofaii emergency preparedness plan. Iii the event ot'ati emergency„the Pr-ovidersli-,illiioti:lfy,tlie Alliance ofeinergelicN,provisions. In the event a situation results in a cessation of services by asub-Provider,the Provider shall retain responsibility for perfbilliance under this contract and must follow procedures to eiiSLire continuity of operations without interruption. 34. Purchasing, 34.1 'rhe Provider shall proCUI-C products and/or services required to perform this contract in,accordance with s, 413,036,F.S. 34.1.1 IT IS EXPRESSLY UNDERSfoOD AND AGREED 'rHAT ANY ARTICLES TFIAJ' ARE Tl IE SUBJECT OF, OR REQUIRED TO CARRY OUF,, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR ']'HE BLIND OR TTIE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, F&, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN S. 413.036(1) AND (2), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF TEAS CONTRAIT SHALL BE DEEMED BE SUBSITTUTED FOR THE STATE AGFNCY INSOFAR AS DEAI...,INGS WITH SUCH QUALIFIED NONPROFTF AGENCY ARE CONCERNED. 34,1.2 Pursuant to s. 41 3.d36(1) and (4), F,S,, the Provider shall not be required to procure a product or service from RESPECT& (a)the product or service is not available within a reasonable delivery little; (b)the Provider is required by law to procure the product or set-vice front any agency of the state,or(c) the Provider-determines that the perforniance specifications,price,or quality of the product or serve is not comparable to the Provider's requirements, 34.1.3 Additional information about the designated nonprofit agency, and the products it offers is available at Tr��!Ltlj"(qj"uj- orrg. 34,2 The Provider may purchase articles which are the Subject of or are required to carry Out any contract or agreement from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified Under Chapter 946, F.S.., in the same manner and under the procedures set forth in subsections 946.5 15(2)and(4), F.S. For purposes of this contract,the Provider shall be deemed to be substituted for the Alliance insofar as dealings with PRIDE. This clause is not applicable to Subcontractors unless otherwise required by law. Ali abbreviated list of prod ucts/services available from PRIDE may be obtained at https://pride-enterprises.or-g/, Page 10 of 7'2 2048 RP-2129.3 34,2 The Provider shall procure any recycled products or materials, which are the Subject of or are required to carry this contract in accordance with the provisions of s. 401,7065, F.S. 35. The PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference and available at: [qlps., N%,dmSm'1%Horid'I,Cuml coffleni,(km oload '2,913, 1 1777,F11, R WO (Jowr�111 Contruct ioll's.... .......... )j1d t ------------ -----------vJL In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contract or agreement terrors or conditions the contract shall take precedence over. tile PUR 1000 Form, I-lowever, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes,the terms or conditions contained ill tile PUR 1000 Form shall take precedence, 36. Use of State Foods to Purchase or Improve Real Property No funds Under this contract will be used by the Provider to purchase or improve Real Property, Any state funds provided for the purchase of or improvements to real property are contingent upon the Provider or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 37. Patents,Copyrights, Royalties 3TI I fthis contract is awarded state funding and if any discovery, invention or copy rightab le material is developed, produced or for which ownership was purchased in the course ofor as a result of work or services performed under this contract the Provider shall refer the discover)(, invention or material to tile Alliance to be referred to the Department,Any and all patent rights or copyrights acCI-LIjllg tinder this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 287.0571 (5)(k), as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. '37,2 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain all unencumbered right to use such property, notwithstanding any agreement made pursuant to this section 33, 37.3 If this contract is awarded solely federal Funding,the terms and conditions are governed by 2 CFR Part 200.315 or 45 CTR § 75.322,as applicable. 38, Dispute Resolution Any dispute concerning perf6rinance of the contract shall be decided by the Alliance Contract Manager, who shall reduce the decision to writing and serve a copy on the Provider. 39. No Waiver of Sovereign I nlumunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign, immunity nlay be applicable, 40. 'Venue If any dispute arises out of this contract,the venue Of'SUCII legal recourse will be Miarni-Dade Courity, 11orida. 41. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements,or representations shall be valid or binding upon the Alliance or the Provider unless expressly contained herein or by a written amendment to this contract signed by both Parties. 42. Force Majeure The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force MajCUre condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 43. Severab,ility Clause The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain ill full force and effect. Page 11 of 72 2049 RP-2129.3 44. Condition Precedent to Contract: Appropriations The Parties agree that the Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by tile Legislature, 45. Addition/Deletion "Tile Parties agree that, notwithstanding die terms of tile procurement documents and actions leading to this contract,the Alliance reserves the right to add or to delete any of tile set-vices required Under this contract"rheil deemed to be in the best interest ofthe elder Population targeted by the Area Flan and reduced to a written arriendnient signed by both Pat-ties. Tile Parties shall negotiate compensation for any additional services added, 46. Waiver The delay or failure by the Alliance to exercise or enforce any of its rights Linder this contract shall not Constitute(it,be deemed a waiver ofthe Alliance's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or tile exercise of any other right, 47, Compliance `File Provider shall abide by all applicable current federal statutes, laws,rides and regulations as well as applicable Current state statutes, laws, rules and regulations, policies of tile Alliance and the Department, and the terms of this Contract, 'File Parties agree that failure ofthe Provider to abide by these laws, rules,regulations, policies, and terms of this Contract shall be deemed ,in event of default of the Provider and subject the Provider to disciplinary action including corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of tile Provider on probationary status, imposing a moratorium on Provider action, imposing financial penalties for non perforrn ail cc or noncompliance,or other administrative action to Immediate, unilateral contract cancellation at the discretion oftlic Alliance, Ifthe Alliance finds that the Provider,fails toabide by all applicable current federal,and state statutes,laws,rules and regulations, as well as conditions of this Contract,the Alliance shall provide the Provider a Notice of Violation which shall include a concise statement ofthe specific violations ofthe Provider and the facts I•Clied upon to establish tile violation. Upon receipt of the Notice ofViolation,the Provider shall heave twenty-one(21)days to respond to,the Notice of Violation, The Provider's response must include a statement of any disputed issues of material fact and a concise statement of the specific facts the Provider contends,warrant reversal or deviation from the Alliance's proposed action, including an explanation of how the alleged facts relate to the specific rules,statutes,or contractual term. Failure of the Provider to respond to the Notice of Violation within twenty-one(21)days slial I be deemed a waiver of the rights outlined above and the Alliance will proceed against the Provide]-by default. 'file Alliance, upon receiving a tiniely filed response to a Notice of'Violation,will forward the response and all accompanying documentation,to the Contract Manager to review and consider, The Contract Manager shall,within 30 days after the receipt of. the Provider's response,file an order which lays out tile final determination of disciplinary action by the Alliance. 48. Final Invoice The Provider shall submit the final invoice for payment to the Alliance as specified in this contract. If the Provider fails to submit final request for payment as specified in this contract,then all rights to payment may be forfeited and the Alliance may not honor any requests submitted.Any payment due Linder the terms of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto have been approved by the Alliance. 49. Renegotiations or Modifications Modifications of tile provisions of this contract shall be valid only when they have been reduced to writing and duty signed by both parties. 50.Suspension of Work: The Alliance may in its sole discretion suspend any or all activities under this contract and any contractor agreement incorporating in this contract, at any time,,when in the best interests of the Alliance to do so. The Alliance shall provide tile Provider written notice outlining the particulars of suspension, [Examples of the reason for suspension include, but are not limited to, budgetary constraints,declaration ofemergency,or other such circumstances.After receiving a suspension notice,the Provider shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Provider, the Page 12 of 72 2050 RP-2129.3 Alliance shall either(I) issue a notice authorizing resumption of work, at which tinic activity shall resume,or(2)terminate the contract or,purchase order. Suspension ofwork shall not entitle the Provider to any additional compensation, 51. Termination 51.1 Termination for Convenience, This contract may be terminated by either party without cause upon no less than thirty(30) calendar days' notice in writing to the other party unless a sooner time is mutually agreed upon in writing, Said notice shall be delivered by U.S. Postal Service with verification of delivery or any expedited delivery service that provides verification of delivery, or by [land delivery to the Alliance Contract Manager or the representative of the Provider responsible for administration of tile contract. The Provider shall not furnish any product after it receives the notice of termination, except as necessary to complete the Continued portion of the contract, if any. The Provider shall not be entitled to recover any cancellation charges or lost profits. See notes on email regarding this paragraph. 51.2 Termination for Cause.The Alliance may terminate this Contract if the Provider fails to(I)deliver the product within the tirne specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) lionor any term of the contract, (4) abide by any statutory requirement, regulatory requirement, licensing requirement, or Department policy or (5) in the event funds for payment become unavailable for this contract. The Alliance will be the final authority as to the availability and adequacy of funds. In the event of terniulation of this contract, the Provider will be compensated for any work satisfactorily completed prior to the date of termination. Rule 60A- 1-006(3), F.A.C.,governs the procedure and consequences of default. The Provider shall continue work on any work not terminated. Except for defffidtS of subcontractors at any tier, the Provider shall not be I,iable for any excess costs if tile failure to perform the contract arises from events completely beyond tile control, and without the fault or negligence, of the provider. Ifthe failure to perfonn is caused by the default of a subcontractor tilt any tier,and if the cause of the default is completely beyond the control of both the Provider and the subcontractor,and without the fault or negligence ofeither, the Provider shall not be liable for any eXCeSS Costs for failure to perform, unless the subcontracted products or services were obtainable frorn other sources in sufficient time for tile Provider to meet the required delivery schedule, It, after termination, it is determined that the Provider was not in default, or that the default was excusable, the rights, and obligations of the Parties shall be the same as ifthe termination had been issued for the convenience of the Alliance.The rights and remedies of the Alliance in this clause are in addition to any other rights and remedies provided by,law or under tile contract. 51.3 Upon expiration, or termination of this contract, the Provider and subcontractors shall transfer all public records in its possession to the Alliance and destroy any duplicate public records that are exempt or confidential and exempt from public records,disclosure requirements at no cost to tile Alliance. Ali electronically stored records,shall be Provided to the Alliance in a formal that is compatible with the Alliance's information technology systenl(s). 52. Successors This contract shall reniain binding upon the successors in iiitet-estofeittiet-tlieAlliajiceoi,-the Provider,stib,iecttottieassigriiiient provisions in Section 22 above. 53. Electronic Records and Signature 53A The Alliance authorizes, but does not require, die Provider to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract. A Provider that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, s, 668JO, F.S_ All electronic records roust be fully auditable; are subject to Florida's Public Records Law, Ch. 119, F.S.;must comply with Section 29, Data Integrity and Safeguarding Information; must maintain all confidentiality,as applicable-,and Must be retained and maintained by the Provider to the same extent as non-electronic records are retained and maintained as required by this contract. 53.2 The Alliance's authorization pursuant to this section does not authorize electronic transactions between the Provider and the Alliance. The Provider is authorized to conduct electronic transactions with the Alliance Only upon fill-ther -written consent by the Alliance. 533 Upon request by the Alliance,the Provider shall provide the Alliance or Department with non-electronic(paper)copies of records. Non-electronic (paper) copies provided to the Alliance of any document that was originally in electronic forill Page 13 of 72 2051 RP-21293 with an electronic signature must indicate the person and the person's capacity who electronically signed the document on any non-electronic copy of the document. 54. Special Provisions: 'Pie Provider agrees to the following provisions; 54.1 Investigation of Criminal Allegations: Any report that implies criminal intent on,the part of the Provider or any subcontractors and/or vendors and was referred to a governmental or investigatory agency must be sent to the Alliance. If the Provider has reason to believe that file allegations will be referred to the State Attorney,a law enforcernerit agency, the United States Attorney's office,or other governmental agency,the Provider shall notify the Alliance immediately. A copy of all documents,reports,notes or other written material concerning the investigation, whether in the possession of the Provider, its subcontractors, or vendors, must be sent to the Alliance's contract manager with a summary of the investigation and allegations. 54.2 Volunteers: The Provider shall ensure the use of trained Volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible,the Provider shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out federal service programs administered by the Corporation for National and Community Service), in community service setlings. 54.3 Enforcement: 54,3A In accordance with section 430.04, F.S.,the Alliance may, without taking any intermediate rneaSUrCs available to it against this contract rescind this contract if the Alliance finds that: 543.2 An intentional or negligent act of the Provider has materially aMeted the heaJith, welfare,or safety of clients served pursuant to any contract or agreement, or substantially and negatively affected the operation of services covered Linder any contract or agreement; 54,33 'File Provider lacks financial stability Sufficient to incet contractual obligations or that contractual funds have been in isappropriated; 543A The Provider has conini itted multiple or repeated violations of legal and regulatory standards,regardless of'whether such laws Or regulations are enforced by the Alliance, or the Provider has committed or repeated violations of .Alliance standards; 54.3.5 The Provider has failed to continue the provision or expansion of services after the declaration of a state of' emergency;and/or 54.3.6 The Provider has failed to adhere to the terms of any contract or agreement incorporating in this contract, 543.7 In the alternative, the Alliance may,, at its sole discretion, take immediate measures against the Provider, including corrective action, liflanuOUnced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the Provider oil probationary status, imposing a moratorium On Provider action, imposing financial penalties lot-nonperformance,or other administrative action. 54.4 In making any determination Linder this provision the Alliance may rely upon the findings of another state or federal agency, or other regulatory body.Any claims for damages for breach of any contract or agreement are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Miami-Dade County, 54.5 Use of Service Dollars: The Provider will optimize the use Of Contract funds by sen(ing the maxit'nUM possible number of individuals with the services allowed by this contract.'file Provider will spend all funds provided by this contract to provide such services. 54,,6. Surplus/Deficit Report: The Provider will submit a consolidated surplus/deficit report in a format provided by the Alliance to the Alliance's Page 14 of 72 2052 RP-2129.3 Contract Manager in conjunction with the required monthly billing submission. This report is for this contract between the Provider and the Alliance. The report will include the following: 54.6.1 The Provider's detailed plan on how the surplus err deficit spending exceeding the I%threshold will be resolved; 54.6.2 Number ofclients currently on the APCL,that receive a priority ranking score of four(14)or five(5); 54.6.3 Number of clients currently on the APCL designated as 1111111inclit Risk. 54.6.4 Number of clients served and Aging and Disability Resource Center("ADRU)client contacts, In accordance with its surplus/deficit managenient policies, in order to maximize available Funding and ininimize the time that potential clients IIIUSt wait for services, the Alliance in its sole discretion can reduce funding awards if the Provider is not spending according to monthly plans and is projected to incur surplus at the end oftbe year. 54.7 Training: The Provider will attend all requir-ed trainings and meetings schedule by the Alliance. 55. Contract MaUlger The Alliance may substitute any Alliance employee to serve as the Contract Manager 56. Official Payee an(] Representatives(Name, Address,and Telephone Numbers) The name,address,and telephone]ILIMber of the representative for the Alliance for this contract is: Max B. Rothman,JD, LLM. President and CF0 760 NW 107th Ave, Suite 214 Miami,Florida 33172 (305) 670-6�500, F`xt. 224 Page 15 of 72 2053 RP-21293 The lid 111C, ad(fiess,and tdCP 11011 C FlLulaflCr Of'tile represent"'Itive c'If the 11rovi do responsiNe Cor adminisuatiori o f the program under this contract is,: klonroc County Board of Counly Commissioners. `File Novider nanic as shown on page I offlus Social Services/Ill-flonle Services A contrad, arld niaifing address ofthe oflicial 1100 Simonton Street,21" Floor payee to whom file payrnelit shall he made is: is Wesl. FL 33040 305-292-45 10 ................ ............... SheryI Grahani I'lle name offlic contact person of the Provider Monroe County Board of Comity Commissioners, 11 and street addl-csi where firiancial and Social Services),111-1-lonle Services administrative records are maintained is 1100 Simonlor) Street, 211"Floor Key West, FL 3,3040 305-292-45tO ............ Sheryl Graham The narne,address,and IcIephorre number of lkfonroe Count) Board of Ccurrity Commissioners, c the representative of tire Provide�r resportsiNe Social Services/lit-Home Services for admirnstratiou of the 1,,)rogiam under 1his, 1100 Simonton '.Street,2111" Hoor contract is: Key We-st, IT 33040 30,5-292-45tO . ... ...... . ........ Alliance For Aginv, Inc, Fhe section arld locafical within the where Fiscal DepmIllient d Requests For Payment and Rccelpt and 760 NW 107(h Avenue, Suite 714 Fxpendaure fornis are to be mailed is: kliami, F'Iorrda 33 172-I I55 305-670-6500 ale,r Vhc nainc, address,and telephone number Of Alliance 11or,Aging, Inc. the Contract Manager For the F%A,\ for this 760 N\V 1071th Avenue, Suite 214 Contract is: Miami, Florida 3,3172.3155 105-670-6500 ......... ....... .............. ...... Llpon chinigeol'i-el)reictititi%,cs(names,addresses, telephone nitmbicrsl by culrer I.mrty, irotice shall be provided in wriling to the wher party and the notificatic'm arlached to the oril,,irvds of this contract 57. Alf Terms and Corldlitions Inchided Ibis contract and its Attachincrus and any c,0R)hs referenced hi said atrachnierstS,togiother~with,any docurnents incorporaled by reberence, Contain, all the lwm and conditions agreed upon by the Parties. Fhere are lto pro vis lolls, terins, Conditions, or oNig,11ions,other than lhose contained Iterein, and this contract shall snpeisede AI previous communications, or agircenicias,either writlen or ver'birl bekwecu the Parties. fly signill?g,this co"llraci,the Parfies,agree dial llie) have read and agircc io the evaire contract. IN WITNESS THEREOF. dic Parties herclo have caused this contract, to be executed by their undmiped of scuts as dilly authorized, IMONROU COUN FY HOARD 01: COUN I'Y ("OS/IMISSIONE,RS, SOCIAL :'s ALLIAN(T FOR AGING" INIC, SIG 'j7 NED BY: SIGNED BY: NAME: NAMFE: NIAX 13, RO I"I UVIAN, JI),LL-NI, TI I'LL TFFL[-',: PRESIDE N'l AND CIECt DATE: FAA I O,ct3,2023 Page 16 of 72 SIGNED BY: NAME: CRAIG CATES —'r, Nn"o- jlfi:t TITLE: MAYOR DATE: ——— ——————————— 2054 RP-2129:3 The name,address;and.telephone number of the representative.of the Provider responsible for adininistration of the program.under this contract is: Miniroe County Board of County Commissioners, The Provider name,as shown on page L of this Social Serviceslln-Home Services A contract,and mailing address of the-Official 1100'Simonton Street;29'Floor C!) pad*' to whom the payment shall be mrid,e is: hey West:FL 33040 O "� t t 305 292,g510 . U > Sfiery I Graliani : „ t Monroe County Board of County Commissioners, L,A@::€tame of the contact person'of the Provider �.., B _ i treet address where financial„and Social Serviceslln-Home Services Lt:.. t'd �tWiiiish•ative records are maintained is:. 1100 Simonton Street,2nd Floor , L 4 )ley West,FL 33040 [� tJ 305-292-4510 Sheryl Graham gg Tlt acne,address.and telephone number of Monroe County hoard of Cotuity Commissioners, c, the'r presentative of the Provider responsible. Social Serviceslln-anomie Services for adininistrittion ofthe,progrant u»derthis I100 Simonton Street,20 Floor contract is: Key West,FL 33040 305-2924510 Alliance for Aging,Inc.. The section and location.within the AAA where Fiscal Departme'tit d Requests For Payncnt,and.Receipt and 760 NkV 107th Aveilui ,Suite 214 ENpenditure forms are to be mailed is: 1vliami,Florida 33.172-3155 305-6.70-6500 CorttractManager The name,address,and telephone numb&'of Alliance far Aging,file. e the Contract Manager for the AAA for this 760 NW 1071h Avenue,Suite 214 contract is Miami.Florida 33172-3155 305-67.0-6500 Upon change of representatives(names,addresses,telephone numbers)by either party,notice shall be provided in writing to the other party and the Notification attached to the originals of this contract. 57, ll Terms and Conditions Included This contract and its Aitachntetlts and any exhibits referenced in said attachmcnis,together witli anyAocunlents incorporated by reference, contain .all the terms and conditions agreed upon by the`Parties. There are no provisions, terns; conditions, or obligations tither than those contained herein,and this contract shall supersede all previous contlntinications;representations or agreements,either written or verbal between the Parties. By signing this contract,the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF. the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized. 010 MONROE COUNTY BOARD OF COUNTY ;COINIMISSIONERS,SOCIAL SERVICESItN-1-101 ERV1t _;S ALLIANCE FOR r1Gtl*!G,INC: SIGNED BY:___ SIGNED-BY: Max8.gothman(Od3;20231o:59EOT) o NAME: MAX B.ROTHI41AN,1D,LL:hI. Rix a �+ t,u CLERK TITLE:_ 1 0 . t(yl{ 1;�­k f_ TITLE: PRESIDENT r1NU CEO v D CL Rat; DATE: 12_�5 DATE: Ott 3,2U23 Page 16 of 72 SIGNED BY: 5ATC NAME: ATES °tea rro,.•u°�° ^n„M TITLE: MAYOR DATE: 2055 RP-2129.3 INDEX TO CONTRACT ATTACHMENTS ATTACHMENT ATTACHNIENTI)ESCRIPTION ATTACHMENT I STATEMENT OF WORK ATTACHMENT 11 FINANCIAL COMPLIANCE AUDIT Al-FACHMENT ATTACTIMENTII AUDIT REPLATIONSHIP DETERMINATION EXHIBIT I ATTACHMEN"I' ll FEDERAL RESOURCES AWARDED PURSUANTTOTHIS AGREEMENT EXHI BIT 2 ATTACHMENT III CERTIFICATIONS AND ASSURANCES ATTACI-IMENTVI ASSURANCES—NON-CONSTRucTiON PROGRAM` AT­f`ACHMENTVIl CONI'RA("l'BtJD(jE'I'St,NMNIARY 13Y SERVICE AND TITLE A"fTACHMENTVIII AMERICAN RESCUE PLAN CONTRACT REPORT CALENDAR ATTACHMENT IX REQUEST FOR PAYMENT AT'FACHMENT X, RECEIPT AND UNIT COSTREPORTFOR SUPPORT SERVICES(RP313) EXHIBFF I ATTACHMENT X, RECEIPT AND UNIT COST REPORT FOR NUTRITION SERVICES(RP3C I) EXHIBIT2 ATTA 0 1 M ENT X, RECEIPT AND UNIT COST REPORT FOR CAREGIVER SUPPORT EXHIBIT StERVICES, (RP3C2) ATTACHMENTX, RECEIPT AND UNIT COST REPORT FOR CAREGIVER SUPPORT EXHIBIT4 SERVICES(RP3D) ATTACHMENT X, RECEIPT AND UNIT COST REPORT FOR CAREGIVER SUPPORT EXHIBIT , SERVICES (RP3E) ATTACHMENT Xf ARP QUARTERLY REPORT ATTACI IMENT B DEPARTMENT OF'ELDER AFFAIRS' CIVIL RIGI ITS COMPLIANCE CHECKLIST AND INSTRUCTIONS Al"'FACHMEN'I'D BACKGROUND SCREENING—A FFIDAVITOF COMPLIAN(I E ATTACIIMENTF BUSINESS ASSOCIATE AGREEMENT ATTACHMENTG ADRC POLICY AND PROCEDURES FOR OUTSOURCED F(JN(.'.'I'IONS Page 17 of 72 2056 RP-21293 ATTACHMENT I ALLIANCE FOR AGING, INC. STATEMEN'r OF WORK American Rescue Plan SECTION 1: SERN/tCESTO BE PROVIDED 1.1 Alliance for Aging,Inc. Mission Statement The Alliance mission is to promote and advocate for the optimal quality Oflite liar older adults and their families, 1.2 Program Specific Terms Area Plan,A plan developed by tile area agency on aging outlining a comprehensive and coordinated service delivery systeni in its planning and service area in accordance with the Section 306 (42 O.S.C. 3026) of the Older Americans Act and Department instructions. C"hild: An individual who is not more than 18 years ofage or an individual with disability. Disaster Relief Services:Administration On COMMUnity Living(AC L)considers disaster relief ary ices for older individuals to be any allowable OAA services during the period covered by Florida's MaJor Disaster Declaration (NIDD)that are provided to eligible older individuals or family caregivers as defined under the OAA, Family Caregiver: An adult family inernber,or another individual, who is an informal provider ofin-honle and community care to an older individual. 1°'rafl: "'hea all older individual is unable to perlorm at least tNvo Activities of Daily Living (ADLs) WithOUt substantial human assistance,including verbal reminding,physical cueing or supervision;orclue to cognitive oar other mental impairment, requires substantial supervision because the individual behaves in a manner that poses as serious health oar safety hazard to tile individual or to another individuaL Grandparent: A graiidpti•eiitol!*s,tep-gi!-,,tiidpareiitol'itchild,orarclative cif achild by blood,rnarriageoradoption and who lives with the child; is the primary caregiver of the child becaUSC the biological or adoptive parents are unable or unwilling to serve as the primary caregivcr of the child-, and has a legal relationship to the child, such as legal custody or guardianship, or is raising the child informally, IMajor Disaster Declaration: States may request and receive all MDD by the President under the Stafford Act, Florida's request was approve(] in 2020,which perrnitted the Alliance and the Provider to use any portion of the funds made available Under COnti-aCT for disaster relief for older individuals, Although the MDD ended on June 26, 2021 when the State's emergency order ceased,these flexibilifics were allowed to continue in contracts drat were in place as the time the Emergency Order was lifted. As many of the services and plans fior American Rescue Plan (ARP) funding was submitted to the Department Prior to the Emergency Order being lifted, the flexibiliities,allowed during the MDD will be allowed in the ARP contract. 1.3, General Description 1.3.1 General Statement 'rhe primary purpose of the Arnerican ReSCLIe Plan program is to prevent,prepare for,and respond to coronavirus disease-19 (COVID-19); including supportive services, nutrition services,preventive health,and support services for Iamily caregivers. 1.3.2 Authority Ale applic"ible federal laws. ioo,ulaadons. action ttawonhlfls, prograill u1structions. rCkie\k +wukles zind shiiokir docurnentation r0ated to tyre, foltowin": Page IS of 72 2057 RP-2129.3 a, Ca I atoo of,F Cd erai Domestic Assistance NcT. 9',043, 91 .0-14. 93.045, 9-1.052, and I 9-;.05.3: h. Older Americans Act of 1965. as amended 201("i: c. Americmi RCSCUC Plain Act: Ll2 U.S.C. 247ck c. 42 U,S',(:'. §303,42 IJ.S.C, §604; 1. IIdo S8A-L FfOrida AdIllinisWUivc Code (FAC): 0. Section 4:3 0 10 1, I-f0ridLl SUItUtCS (F.S.): and h. DOLA PrOl-IN'APIS dild Serviccs Handbook. MiMi is iiworponited Rey I-Cf*erQnCe, W ifICILKIC ',111V SUbSeLlUellt I-C'ViSiOlIS IhCreifl'. t!rmkp pg-m iders 1.33 Scope ol'Service The Provider is responsible for tile programmatic,fiscal,and Operational management of the American Rescue Plan Program within this contract. 1.1.4 Major program Goals The niaJor goals of the American Rescue Nan Program are to prevent, prepare For, and respond to COVID-le); including supportive services, nutrition services, preventive health, and support services for family caregivers, Efforts may include COVID-19 VaCCivatiOfl, Outreach, education, and associated services with helping older adults get vaccinations; arid services that address social isolation, juClUding activities for investments in technological equipment. 1.3.5 Leadership and Advocacy As at designated Focal Point, a provider is encouraged to provide coordination of services for older individuals. The Provider ITILISt also provide C011111lUnity leadership on aging iSSUCs and serve as,the advocate and focal point for the elderly within the coillill till ity in cooperation with agencies,organizations and individuals participating in activities funded by the Alliance. Advocacy should include initiating Positive changes in public or private policies and attitudes towards Older persons, taking action to improve, niodify, or eliminate situations which adversel), impact on lives of older persons, or expressing support for older persons and their interests. Advocacy activities may be broadly supportive of the general interests of older persons or may involve specific activities on belialf of individuals. 1.4 Clients to Be Served 1.4,1 General Description 1"he American Rescue Plan Program gives preference to older individuals with greatest economic need and older individuals with greatest social need (with particular attention to low-income older individuals, including lower-income minority older individuals,older individuals with limited English proficiency,and older individuals residing ni rural areas),ail(] clients who are practicing social distancing due to the COVID-19 public emergency. 1.4.1.1 American Rescue Plan Program, General Client Eligibility a. American Rescue Plan Program Consumers sliall not be dually enrolled in an American Rescue Plan program and a Medicaid capitaled Long-Term Care program,except consumers in need of American Rescue Plan Legal Assistance services and American Rescue Plan Congregate Nutrition Services, including transportation to and from congregate meal sites. b, American Rescue Plan Program for Supportive Services under Title 111-13 of the Older Americans Act i, Individuals must be age sixty(60)or older; and ii, I&R/Assistance services are Provided to individuals regardless of age, c. American Rescue Plan Program for NUtrition,Services under"Title Ill-CI arid Ill-C2 of the Older Americans Act General factors that shall be considered in establishing priority for the receipt Of nutrition Services include those older persons who: i. Cannot afford to eat adequately; ii. Lack the skills or knowledge to select and prepare nourishing and well-balanced meals-, iii. Have limited mobility which may impair their capacity to shop and cook for themselves; iv. Have a disabling illness or physical condition requiring nutritional support; v. Have been screened at a high,nutritional risk;or Page 19 of 72 2058 RP-2129.3 Vi, Are Unable to obtain nutrition because the individual is practicing social distancing due to COVID-19. d. American Rescue Plan Program ror Congregate Nutrition Set-vices under-Title Ill-C I of the Older Americans Act i, In addition to meeting the general nutrition services eligibility requirements listed in Section 1.4.1 c. above, individuals eligible to receive nutrition services include the following: (1) Individuals age sixty (60,)or older; (2) Any spouse (regardless of age) who resides at home with or attends the dining center with his/her eligible spouse; (3) Persons with a disability,regardless of age,who reside in a 11OUSing facility occupied primarily by older individuals where congregate nutrition services are provided or home delivered meals are delivered, (4) Disabled persons who reside at home with or accompany an eligible person to the dining center; (5) Volunteers, regardless of age, who reside at home with or provide essential services on a regular basis during areal hours; (6) Persons at nutritional risk' who have physical, emotional,or behavioral conditions which would prevent there from obtaining nutrition;rU and 1 (7) Persons at nutritional risk who are socially or other-wise isolated and unable to obtain nutrition. e. American Rescue Plan Program for Horne Delivered Nutrition Services under Title III-C2 of the Older Americans Act i. In addition to meeting the general nutrition services eligibility requirements listed in Section 1.4.1.c. above, individuals must be unable to attend a congregate nutrition prograrn. Individuals eligible to receive borne delivered rneals,include the following: (I) Individuals aged sixty (60)or older who are incapacitated because of illness,disability,or isolation; (2) A home delivered meals recipient's spouse, regardless of age, if the provision of the collateral meal supports maintaining the person at home; (3) Individuals with,disabilities,regardless ofage,who reside at home with home delivered meals recipients and are dependent on thern for care,and; (4) Persons at nutritional risk who have physical, emotional, or behavioral conditions which would make their presence at congregate nutrition sites inappropriate; (5) Persons at nutritional risk who are socially or otherwise isolated, including those who are self-isolating at home due to COVID-19, and unable to attend a congregate nutrition site;or (6) Individuals age 60 or older who are unable to prepare steals clue to a lack of inadequacy offacilifies,an inability to shop,cook,or prepare meals safely, or a lack ofappropriate knowledge or skill. f. American ReSCLIC Plan Program for Preventative Health Services Linder Title III-D of tile Older American Acts i. Target individuals must be age sixty(Garb)or older; and ii. Priority will be given to individuals residing in medically underserved areas. g. American Rescue Plan Program for Family Caregiver Support Program Under 'Title HH"' of the Older American Acts i. Eligible individuals include: (I') Family caregivers of individuals aged sixty(60)or older; and (2) Grandparents[age filly-five(55)or older]or older individuals[age fifty-five(55)or olderl who are relative caregivers. ii. For respite and supplemental services, a family caregiver must be providing care for an older individual who meets the definition of the term"frail"as defined above. iii. Priority will be given to family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and to grandparents or older individuals who are relative caregivers who provide care for children with severe disabilities. Page 20 of 72 2059 RP-2129.3 SEur10N II—MANNER OF SERVICE PROVISION 2.1 Service Tasks In order to achieve the goals of the American Rescue Plan Program, tile Provider shall ensure tile following tasks: (1) Client Eligibility Determination: The Provider shall ensure that applicant data is eVEIlLiated annually to determine eligibility prior to rendering services. Eligibility to become a client is based oil meeting the requirements described in this contract. (2) Targeting and Screening of Service Delivery for New Clients: The Provider shall develop and implement policies and procedures consistent with American Rescue. Plan Program targeting and screening criteria. (3) Program Services: The Provider shall ensure the provision of a continuum of services that meets tile diverse needs of elders and their caregivers. 'file Provider shall enstire the performance and report performance of tile following services are in accordance with the current DOEA Programs and Services I landbook. (4) Program Eligibility Requirements 1:11tities must meet the ftdlowim.+crlleria io be eHuihiv for proEli'linl participation: i. Ail aullcN Ilial has iccClved .1 a_Irdllt cruder American ReSCLie Plan Program, amd i i. A mitritioll, service providel. that sci-ves meals and is under the j1JriSdiCfi01l. COM1.01, and audit milhorily of(lie AlhaiicL2 aind the Department b Provider's Nutrition Set-vice Operations Fhe Provider Shall ensure tile niltrilion service operations ot, 111c Provider meet tile reqI'lilrentnw, cal'this contract, ils wwcll as anly otlicr apphcabie regullations and policies prescribed by the currQm D(A A Prm rmlls and Services I faildhook, the Depart 11jellt of I icallil and I Will"m Services. 1JSD/V D01 I and k,mcal health departments, DBPR.or any other agoncN to inspect meal Lluakty I',)r the Smic. l"110 Provider mustaL.rree to notil'y 1he Allimicc ol'an,.%,sanitation inspections, especiall.� thosk"that "'abide hit"ll ViOl"Jl[i"111S and provide n Copy of tile rqion to t1w Alliance N%iihin 24 hours. Closures must he reported imillediately. All ti,uhcontrwactod 1,0od servicc velidors must Provide a Nulticli correctil e action plain to the Nutrition Provider tot. ""Im, high priority oi- si-ilificallt filiditly's on sallitaition inq)eclions. Hls corrective '''Icfiml jAmls must be approvcd 1)% the Provider's RD arid subt-nilled to the Alliance V) C11SUI-C that deficiencies are remedied. c. Prescribed Nutritional Requirenlents 'file Provider shall ensure that each meal provided under this contritet meets the following criteria: i. Complies with the current Dietary Guidelines for Americans, published by the Secretaries of' the Department of Health arid Human Services and the Department ol'AgriCUltUrC. ii. Provides a minfinurn of 3-3 1/3 percent ofthe dietary reference intakes/adequate intakes for an age 70+ female as established by the Food and Nutrition Board of the National Academy of Sciences; and. iii. Is served frorn and approved Alliance menu.. 0) N/lonitoring thc pcilorimlitcc of its subcontractol"s and'or vendor.". (6)Comply with the Alljance*s Nutrition policies and procedures. 7) 1 he AI ranee has contracted for techilolon Services through (TARIS, (WO ITEDIC V, 1:LI,JQ I W)AL FA, and AGI_1+.SS lNNOVlA' l0N as a cppliable, WIMV app l'l'0VjdCT Sll',111 0VC1'SCC. C11SUI-C ilIS1,11h,16011, t6l10%V L11), fl'Wilif',fle fhC NtUril 01' 01C ejtiil)11leln (it' 11ild Comply wilil tile use of these tccilllo ou',y so-vice colitrack to Support i11 rcdilcirq!Social iscflolion and 1011ClilICSS 111d tat Stifl)ON 2.2 (Ise of Subcontractors and/or Vendors 11,1his colitt"act involves the use (.)I',t subcontraclor and,"or vendor, then the Provider shall not delay the hnplemcnta6on of its aLyreeinclit with the Subcontractor or veildor, lfanw, oircunistance occurs that may NSLI11 ill al delay 101. as period of sixty (60) clays or more tho illitkition of the or tile performance of tile SLlhCcmln1Ctor'VCT1dol% the Provick"l, shall notltN then Alliance Contract Manager in writing ol'SUCh (]Clfly% 1 lie VfI)Videl'ShAl WA I.M-1114 d Sul)Colltractor",w endor to perform) scrvi(:Q> related to this Contract Without 11,00110 U hitldhl- e\eCHte d, hhe Alliance will liol be responsiWe or liable tor any obhuxa6ons oi-claims resulthip from such 11CH01). 221 Copies Of Subcontracts/Vendors The Provider shall submit a copy of all subcontracts and/or vendors to the Alliance Conti-act Manager within thirty(30) days of execution of each subcontract agreement. Throughout the contract period, the Provider shall immediately submit and changes to subcontractors to the Alliance Contract Manager. Page 21 of 72 2060 RP-2129.3 2.2.2 Monitoring the Performance of S ubcontractors and/or Vendors The Provider shall monitor, at least once per year, each of its subcontractors, sub-recipients, vendors, and/or consultants paid from funds provided under this contract, aL Sub-recipients - The Provider shall perform fiscal, administrative, and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance and compliance vvith applicable state and federal laws and regulations. The Provider shall monitor to ensure that time schedules are met, the budget and scope of work are accomplished within the specified time periods, and other performance goals stated in this contract are achieved. 1), Vendors — The Provider shall perform administrative and programmatic monitoring to ensure contractual compliance,programmatic perforiiianceaiid compliance with applicable state and federal laws and regulations, The Provider shall monitor to ensure that time schedules are met,and the scope ofwork, is accomplished within the specified time periods, and other performance goals stated in this contract are achieved. The Provider shall perform a modified fiscal monitoring to include billing/invoicing procedures and reconciliation to ensure fiscal accountability and sustainabihty. 12.31 The Provider shall ensure that all required client data for services provided by subcontractors and/or vendors are entered in the CIRTS database per the, Department's CIRTS Po�licy Guidelines, '"I'he data must be entered into the CIRTS database before the Provider submits the Request for Payment and Expenditure Reports to the Alliance. The Provider shall establish time frames with its SLibcontractors and venclors to ensure compliance %vith due dates for the Requests for Payment and E'xpenditure Reports to the Alliance, 2.3 Staffing Requirements 2.3.1 Staf1ltw Levels I hc, Provider shall assh_�ll its own akfill in isirm ivk Old '10l)i)Oft Shlfl'W� tloodeol to perform the lacks, LUld dl.16CS WhICT thiS COWl"Ict and cnlmurc 01".11 and r.)r vendorsdedicale 2.3.2 Professional Qualifications 'I he Providershall ensure that Ole stalfrospmIsiIflo l'orperfornliw'! an% dolics Or klilclions wilhili this comraet have. the (plaiiiiCadons as "pecilied ill lhQ DOVA 1)1-071-dl:11S M dh ILI Sel'Vices Ilanook. Z 233 Service Times I'lle llrovidt2l- ShAl Cill;L11-C OIC I)f-0Vkiojl of set.\ices listed in this C011traCt dUrill" normal hllSillCSS 11OUrS UlliQ.SS other limes are more appropriate the meet [lit, requil-cments Of(Ilk Contract, and it shall mollitor its "'Llbominlclors, and,or \cncim-, to vilskne tile} ure avnilahlc kl prwvide services oll.111-ing hours responskc to ciielit llek"tk and durill'u, tllosa limes which hem InVO Ole 110CXIS 01'010 rCIOVM11 SO'VlCe COITIML11111y 23A Use 0fVOILllneers to Expand tile Provision of Available Services The Provider shall make use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such Services. If possible, the Provider shall work in coordination with organizations that have experience in providing training, placement,and stipends for volunteers or participants(such as organizations carrying out Federal service prograrns administered by the Corporation for National and Community Service), in community service settings. 2.4 Deliverables I Ile FOM-mvim!, sedlon provide", flic specific: LjLldl1tiI'iA)IC unks of delk,crables sllld SOLWCc dOCUPleWiti011 T'eLjLlit'Cd [0 o"Videltce tile completion of'(Ile, taisks specified ill this colltraCt, I he Pl-OVidCl' IMIlSt Mlbtllk null I'C(lLlif-Cd (IOCUM ell lat loll in the tine a I I d Ina I I ner Sp cc ii-led I'm.tiro Ill i n ill I R I ll I perfOrrmrauacc Ice e I s to Ire me I. Flach de I iverab I c must be accepted ill m riting 6 the AlliancQ Contract kLana...'cl, leased oll tile requirvillents t'or catch tichveratfle bef'ON the Pl'06(10- 14,lblllitS tIll, klWiCC 'I lic ProvidershalI ensure 111c proViSi011 01'a1COHlillUl.1111 OfServices lhat incets the diverse no:ccls ofeWers and theircarcgivers, The Provider shali ensure the pe r f'orm Lill Ce and repol-6110 of the folkm ing sere ices in accordmice With [Ile CUrrent DOFA Pn.,,urams and Services I iandb(wk and this contract. Of',Cry ice deliVCIA uJUSt illC4lde a report conslStill'-, o ' tile following: number of CliCIIIS SCI-Ved, 111.1111IM" Of SCI-ViCe UllitS I1l-0VidCCI by SCI-vice. and rate per scrvicc unit with C',IICULltiollS that eLILMl the total invoice aniount. The Provider shall, provide the services described in the contract in accordance with the current DOEA Program and Set-vices Handbook. Units of service will be paid Pursuant to the rates established in ATTACHMENT Vill. Page 22 of 72 2061 RP-21293 Additional Stafford Act flexibilities rnay be allowed and are reflected on A,r,rACIIMETN V11. I 11V selvico,; includ�2, 1he followin1g, cawg10r'WS: 2.4,1 American Rescue Plan for Supportive Services under Title 11 I-B of the Older Americans Act Supportive services include a variety ofcornrnunity-based and home-delivered services that support the quality of life for older individuals by helping there remain independent and productive, Services include the following: (1) Adult Day Cwe, (14) Personal C'are; (2) Caregiver Training& Support-, (15) Pet Support Services; (3) Chore& Chore(Enhanced); (16) Recreation; (�t) Compan ion sh ip; (17) Respite Serviices(In-1 Ionic& Vacihty) (5) Counseling(Gerontological); (18) Screening and Assessment; (6) Education/Training; (19) Shopping Assistance, (7) Ernergency Alert Response; (20) Short Term Case Management (8) Escort; (21) Specialized kledical LAluipment, (19l Healthcare Navigator; Services,and Supplies; (10) Homemaker; (22) TCCREW; (11) 1 lousing I mprovernent; (23) Technology; (12) Legal Assistance; (24) Telephone Reassurance, and (13) Material Aid� 2A.2k Arnerican Rescue Plan for Congregate Nutrition Services under`Title I I I-CI of the Older Aincricalls Act Nutrition services are designed to reduce hunger arid food insecurity and to promote socialization and the health and well-being; of older individuals through access to nutrition and other disease Prevention and health promotion services. Services include tire following: (I) Congregate meals; (2) ("ongregate meals screening; (3) Home Deflvered Meals; (4) Nutrition education arid nutrition COLUIS611g; (5) Shopping Assistance; and (6) Telephone Reassurance, 2.4.3. American Rescue Plan for Home Delivered Nutrition Services underTitle III-C'2 of the Older Arnericans,Act Nutrition services are designed to reduce hunger and food insecurity and to promote soeialization,and the health and well-being of older individuals through access to nutrition and other disease prevention and heakh promotion services. Services include the following: (I) Home Delivered Meals; (2) Nutrition education (3) Nutrition COUnseling; (4) Screening and Assessmenl� (5) Shopping Assistance;arid (6) Telephone Reassurance. 2.4.4. American Rescue Plan for Prey,en tive Services under'I"i fie I I I-D or the Olde m-Americans Act Evidence-Based Disease prevention and I lealth promotion (EBDPlJP) services have been demonstrated through evaluation to be effective for improving, health and wellbeing or reducing disease, disability, and/or injury aniong older adults. The AC L defines FBDF1I1P services as meeting highest-level criteria. Only services that meet the highest4evel criteria are allowable under the 111D Program. E'l BI)PI-11? services must be delivered per the requircruenus of tire program and ensure program fidelity. E13DPHP services include the following: (I) A Matter of Balance; (5) Enhance Fitness; (2) Bingocise; (6) Healthcare Navigator; (3) Chronic Disease Self Managernent (7) HorneNleds; program, (8) Programa de Manejo personal de la (4) Diabetes Self-Management Program-, Diabetes-, Page 23 of 72 2062 RP-2129.3 (9) Tai Chi/Tai Ji Quart Moving for Better (11) Telephone Reassurance; Balance(Highest-Level),- (12) Tomando Control de su SalUd; (10) Technology; (13) t,GiiASLintodef'qtiilibrio; aiid 2A 5. Caregiver Support Services(111E Program) The following services are intended to provide direct help to,caregivers, assist in the areas of health, nutrition and financial literacy and assist caregivers in making decisions and problem solving related to their caregiving roles and responsibilities: (8) Florne Delivered Meals,- (1) Adult Day Care; (9) Respite Services(In-Horne& Facility); (2) Caregiver Training/Support (10) Screening/Assessment; (Individual& Group); ('I I) Shopping Assistance; (3) Caregiver Follow-up; (12) TC A R E; (4) Caring for You, Caring for Me, (I "fechnology; (5) Counseling(Gerontological); (14) Telephone Reassurance;and (6) Education/Training; (15) Caregiver Support Groups (7) Health Care Navigator; 14.6. Caregiver Support Supplemental Services(1111ES Program) The following services are provided to complement the care provided by caregivers: (1) Chore Set-vices; (2) Housing Improvement; (3) Material Aid;and (4) Specialized Medical Equipment, Services and Supplies. 14.T Caregiver Support Grandparent Services(111EG Program): Services for-grandparents or older individuals who are relative caregivers designed to help tneet their caregiving obligations include the following: (1) Legal Assistance; (2) Caregiver Training/Support; (3) Caregiver Follow-up; (4) Caregiver Support Groups; (5) Baring ffir You,Caring for Me; (6) Child Day Care; (7) Counseling(Gerontological); (8) Education/Training; (9) Health Care Navigator; (10) Legal Assistauce; (1 1) Pet Support&erViCCS; 12) Screening& Assessment; (13) Sitter, (14) Technology; (15) Telephone Reassurance; and (16) Transportation 2.5 Reports The Provider is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the Alliance. The Provider must establish due dates for any subcontractors and/or vendors that permit the Provider to meet the Alliance's reporting requirements, 2.5.1 Retrospective Unit Cost Methodology The Provider shall submit the Retrospective Unit Cost Methodology to the Alliance annually, no later than 90 days after the provider Fiscal year end. The Retrospective Unit Cost Methodology shall reflect actual costs of providing each service for the preceding Provider fiscal year. If the Provider desires to renegotiate its reirribursenient rates, the Provider shall make a request in writing to the Alliance in accordance with the Alliance's approved Reimbursement Rate Review Policy, which is incorporated by reference. Page 24 of 72 2063 RP-2129,3 2,5,2 Surplus/Deficit Report The Provider will respond to the consolidated Surplus/Deficit report in a format provided by (lie Alliance to the Alliance's contract manager. Surplus/Deficit reports must be submitted with tile monthly request for payment, This report is for all services provided in this agreement incc)rporating in this Contract between the Provider and the Alliance. The report will include the following: (1) A list ofall Services and their current status regarding surplUS or deficit,and why they differ frotil its original budget proJections, (2) A detailed plan on how the surplus or deficit spending exceeding the 1% monthly threshold will be resolved, The plan must include specific budget numbers to reflect how the Provider plans to address flic variance. (3) Number ofelients currently on the waillist(AP("I I (4) Number of Unduplicated('Bent served. 2,53 C'I RTS Client Information and Registration Tracking System((1"IRTS) Reports: The Provider shall input ARP-specific data into CIRTS or cORTS, depending on the instructions provided by tile Alliance, to ensure IRTS data accuracy. T I-S he Provider shall use CIR (or eCIRTS-generated reports which include (Ile following; (I) Choit Reports; (2) Monitoring Reports; (3) Set-vices Reports-, and (4) Outcome Measures Reports, (5) Fiscal Reports 2,54 Prop rain highlights The Provider shall submit Program Highlights i,-efci-ericitigspecificevents that occurred under this contract.The provider shall provide a new Success story, cluote, testimonial, or hunlan-interest vignette. The highlights shall be written for it general audience, with no acronyms or technical terms. For ,III agencies or organizations that are referenced in the highlight, the Provider shall provide a briefdescrifition of their mission or role. The active lease shall be consistently used in the highlight narrative, in order to identify, the specific individual or entity that performed the activity described in [lie highlight. The Provider shall review and e(fil Program Highlights For clarity, readability, relevance, specificity, human interest,and grammar, prior to Barb hitting them to tile Alliance. 2.5,5 Health and Wellness Reports: Health and Wellness Reports: The Provider shall submit Monthly Prograrninatic Reports for EBDPFlP service,,,;oil the dates specified in Attachnicrit Vill. The Alliance Healthy Aging staff will provide provider with an F"xcel report template with entry tabs for: Fleakh and Wellness (.'ourses/Services ofiered including Attestations, (cumulative), Partnerships (updated as needed), and success stories(reported at least once each N/lay). (I) information provided in the Monthly Programmatic Report inLiSt IllatCh CIRTS data and the Request for Payment. (2) The Provider shall review program documentation to ensure docunientation is complete and adequately supports the information reported on the Monthly Prograniniatic Report prior to submitting a Request for Payment. The Provider will attest to the review in the "Cornments" section of the Monthly Programmatic Report and provide relevant information regarding the documentation as needed. (3) Program documentation shall iuCfUdc all the ('61lowing elements: Sign-In Sheets or Attendance Logs, flyers cat, documentation demonstrating efforts to recruit participants and promote EBDPHP services provided; current facilitator ccrfificatcs;copy of program license (if applicable); and any forms required by the specific prograill. (4) Provider shall ensure that Sign-In Sheets or Attendance Logs accurately reflect dates, times, names of programs, participant narnes, and nanie(s) of program facilitator(s). If tile Attendance Log does not include a space for participant signatures, as Sign-lit Sheet with signatures art(] dates Must accompany it. Exceptions may be approved by the Alliance Contract Manager. Requests, must be inade to the Alliance in writing and kept with program documentation. Page 25 of 72 2064 RP-21293 (5) Participants must s gn their name oil program Sign-in Sheets or Attendance Logs, If a participant is unable to sign their name, lite instructor may sign by proxy for the participant (including their own initials and date)with a note on the Sign-In Sheet explainijil-tile need For the proxy. (6) The Provider shall abide by all program fidelity requirements and annually observe delivery of EBDPFfP services, A note will be included in the Monthly Programmatic Report, in the comments section,when a program has been observed. Documentation pertaining to the observation will be kept and provided to the Alliance upon request. (7) CDSME Workshop data III List be entered into the CDSME Database, (8) The Provider shall contact the Alliance Contract Manager in the event of all eniergency or all exigent circumstance where the provider is unable to maintain an aspect of fidelity of tile EBDPIIP set-vices(e.g.,inininlUrn or maximum number of participants) before the end of the workshop, At the Alliance flealthy Aging staff, the service may be reimbursed under this contract;however,if the fidelity infraction is discovered afterthe program has finished,during the Request for Payment Process, or as a result of a desk review, tile Provider shall not be reimbursed for the workshop or shall reimburse the Alliance for the cost of the workshop. (9�) 'file Provider shall collaborate and partner with organizations to extend the reach of EBDP1lP services.Partnerships and collaborations may be developed with DOH, the Florida Department of Children and Families, USDA's Nutrition Program, insurance companies, Centers for Disease Control and prevention, Area Health Education Centers, local health councils, public and private universities, federally qualified health clinics, County health departments, and Florida's Age-Friendly Communities. Partnerships shall be designed to stimulate innovation of new approaches and activities in EBDPIIP services, develop greater capacity, and leverage other funding sources. Partnerships shall also address building and sustaining an h&as1rUCtLH`C for tile dissemination ofEBDPIJP services. This includes, but is not limited to, recruitment of trainers and participants, covering costs for licenses, and replicating prograrn fidelity. I O)The Provider shall document, and provide to the Alliance upon request, evidence of partnerships create(] formally (through Menioranda of Agteer�uieiit/LJndei-staiidiiig) or informally. The Provider will be required to keep track of partnerships in the Monthly Programmatic Report. Each month the Provider shall review this information and provide updates to the Alliance as necessary. 2.5.6 ARP Quarterly Report The Provider shall Submit a Quarterly Report, in a formal provided by the Alliance, as listed in ATTACTIVIENT XI, with the invoice submitted each quarter. The Alliance contract manager will provide the Provider with all Excel template with tab entries for each quarter. A quarter is defined as a calendar quarter. 2.6 Records and Documentation J lie Provider a,_,roQs to ttlake malk.flfle to Adiance and or 111C Depamnent stal,frinkf'or a1113 pAny dcsiunated by the AlHanco alld"lg, Dcparllnellt all Contract r,1atcd records and doomilcluatioll. The Provider Shall ensure the k�oHvctioll and maintenall"'42 ol, all ill Corlm"ll ion and docum Lcntation on any stich systen) desi-nated by tile Athance an&or the Mparlinew, N/lailitellance includes vand exports and backups ol'afl data and systamls accordin"lo Dqlartillont Standards, Dorian must bw• usable alld in a lco&lhle format bY Ilse Alhallccamtor the 2,6,1. CIRTS Data Maintenance The Provider will ensure the accurate collection and maintenance of client and service information oil a trionthly basis from the,CIRTS or any such system designated by the Alliance. COaintenarice includes valid exports and backups of all data and systems according to Alliance arld DOEA standards. The Provider must adhere to tile Alliance CIRTS Data Integrity Policies& Procedures, incorporated by reference, in order to ensure data accuracy. 16.2 Data Integrity and Back-tip Procedures ["'Ile Provider Shall Inaimain written policies and procedures for CompliM, syston backup Mid NOA'Cl'y Mid Shalfl IlZlVe 111C SM11C l'CLIUil'elllCn1 Of its Sllhcorltrak:lors and or vvildOrS. I hose p)OhCiCS MId pr0CVdLWC, shall be made avadable to tile Allimwc upon rokjucst. Page 26 of 72 2065 RP-2129.3 2.7 Performance Specifications 2.7.1 Outcomes and Outputs(Performance Measures)—At a ill i 11irn Urn,the Provider must: I) Ensure the Provision of the services described in this contract are in accordance with the current DOEA Programs and Services I landbook and in the Manner of Service Provision described in this contract. (2) Timely and accurately submit to the Alliance all information described in this contract. (3) Develop, dOCLUmnt, and follow strategies in the Service Provider Application (SPA) to support the Department's performance outcorne measures in the following criteria: a) 66%of new service recipients with high-risk nutrition scores will iniprove their nutritional Status. c) 651/'o of new service recipients will maintain or finprove their ADL's assessment score. d) 62.3%of new service recipients will maintain or improve their IADL's assessment score. e) 89%of family and fairrily-assisted caregivers will self-report they are very likely to provide care. 2.7.2 Monitoring and Evaluation Methodology The Alliance will review and evaluate the performance of the Provider Under the terms ofthis contract. Monitoring shall be conducted through direct contact with the Provider through telephone, in writing, and/or all on-site visit. The Alliance's determination of acceptable performance shall be conclusive, The Provider agrees to cooperate with the Alliance in monitoring the progress of completion of the set-vice tasks and deliverables.The Alliance may arse,but is not limited to,one or more of the following methods for monitoring: (1,) Desk reviews and analytical reviews; (2) Scheduled, unscheduled,and follow-up on-site visits; (3) (I lient visits; (4) Review of independent auditor's reports; (5) Review of third-party documents and/or evaluation; (6) Review of progress reports; (7) Review of custorner satisfaction surveys; (8) Agreed-upon procedures review by air external auditor or consultant; (9) Limited-scope reviews;and (10) Other procedures as deerned necessary. 2.7.3 Rentedies-Nonconforming Services The Provider shall ensure that all participants served Under this agreement are eligible for the pro(grarn, and that all monthly and/or quarterly performance reports and financial records are maintained for each reporting period and submitted as Stipulated in 2.4, 2.5,2.6, and 2.7. Any nonconforming program services, performance reports or financial records not meeting the requirements of this Contract shall not be eligible for reimbursement under this program. The costs associated with hiring,training,reporting The Alliance requires immediate notice of any and/or managing the program shall be borne solely by the Provider. significant and/or systemic infractions that compromise the Provider's ability to provide participant services,to achieve programmatic performance or to provide sound financial management of the program. 2.8 Provider's,Financial Obligations 2.8.1 Consumer Contributions ('011SLInier contributions are to be used under the following terms: I) The Provider assures compliance with Section 315 of the OAA as amended in 2006, in regard to consumer contributions; 2) Voluntary contributions are not to be used for cost sharing or matching; 3) Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and 4) Voluntary contributions are to be used only to expand services, Page 27 of 72 2066 RP-2129.3 2X2 Use of Service Dollars Tile Provider is expected to spend all federal,state and other funds provided by the Alliance for the I)UrPOSC specified in the contract. The provider must manage the service dollars in such a manner so as to avoid having a wait list,a deficit, or a Surplus,of funds at the end of the contract period, for each prograrn nianaged by the Provider. 'Program surpluses must be reported to the Alliance. 2.83 SLU-pkis Recapture In accordance with its surplus/deficit management policies, [it order to maxUrnize available funding and ininunize tile finie that potential clients rnust wait for services, the Alliance in its sole discretion can reduce funding awards ifthe Provider is not spending according to nionthly plans and is proJected,to incur a surplus at tile end of the year. 2.8.4 The Provider agrees to use funds as detailed in tile Budget Summary, A'"ITACHMENT V111. Any changes in the amounts of federal funds identified oil the Budget Stunniary for services within each title(Support Set-vices, Nutrition Services Caregiver Support Services) are allowed Without contract amendment, Providers must adhere to Alliance's Modified Spending Policy, allowed under this contract, incorporated by refierelice, 2X5 The Provider shall match at least tell percent(10%)of the federal service funds received. The Provider's match will be made in tile f6lin of cash,and/or in-kind resources, except for services provided Pursuant to American Rescue Plan for Preventive Services under Title Ill-D of the Older Americans Act. T lie Provider shall report match funds by title cacti month oil the Receipts and Unit Cost Report identifictl in M!"TACHMENT X, Exhibits 1,2, 3, and 5. At the end ofthe contract period,the Provider must properly match American Rescue Plan funds that require as match. 2.8,6 ARP l'unds The provider assures compliance with Section 306 of the Older Americans Act,as amended in 2006,that funds received Under ARP will nc)t be used to pay any part of a cost (including an adininistrative cost) incurred by the Provider, to maintain a contractual or Commercial relationship that is not carried out to iniplernent ARP services, 2.9 ALLIANCE'S RESPONSIBILITIES: 2.9,1 Program Guidance and Teelinical Assistance The Alliance will provide to the provider guidance and tceliniczil assistance as needed to ensure the successful fulfillment of the, contract by tile Provider. J he providers must attend all, required,training session and meetings. The support,or lack thereof,shall not relieve the Provider born full performance of contract requirements, SECTION III: METtIOD 017 PAYMENT 3.1 General Statement of Method of Payment The Method ol'Payment for this contract is a combination of fixed fee/unit rate, cost reirnbursenient, and advance payments, subject to the availability offunds and Provider performance.The Alliance will pay the Provider upon satisfactory completion of the Tasks/Deliverables,as specified in Section I I anti in accordance with other terms and conditions of the contract. 3.1,1 Fixed Fee/Unit Rate Payment for Fixed I`eeJJnit Rates shall not exceed amounts established in AT"I'ACHMENT Vil, per unit of seaside. 3.12 Cost Reimbursement Payment may be aLlihiorized only for allowable expenditures, which are in accordance with the services specified in ATTACHMENT VIL All Cost Reimbursement Requests tbr payment Must include the Receipt and Expenditure Report(A'n'ACHMENT X)beginning,xvith the first north of the contract. 3.1.3 Advance Payments "file provider may request tip to two (2) months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon tile sufficiency and amount of futirls released to the Department by the State of Florida("budget release").The Provider requests for advance payment require the written approval of the Alliance and the Departinent's Contract Manager.For the first months Page 28 of 72 2067 RP-21293 ad van cc request, the Provider sha II provide file Alliance Coll tract Manager documentation justifyillg I Ile need for an advance and descrit)ing ho%v the fluids "ill be distributed. If the provider is requesting tiv,o(2)months of advances,docurnenlation must be provided reflecting the cash needs of the Provider within file initial two(2) months and should be supported through a cash-flow analysis or other information appropriate to demonstrate the Contractor's financial need for the second month of advances. If sufficient budget is available, and the Alliance's Contract Manager, in his or her sole discretion, has determined that there is as justified need for an advance,, the Department may issue approved advance payments tip to 30 days after, but not prior to, arnendilient execution date., the Alliance and the Department may issue approved advance payments after July I st of the contract year.A 11 advance payments will be reconciled and recouped from the third through the twelfth nionth. Reconciliation and recouping of' advances inade under this contract are to be completed in accordance with AIA'ACI IMENT Vile. 3.1 A Technology Administrative Flat Fee(FAIT) Payments for Technology Administrative Hat Fee shall not exceed arnOLanS established in ATTACHMENT VII, per teolniology,and must be billed and submitted oil the Technology Administrative ['fail Fee forin (ATTACTINIENTX, [,..:xliibu 6). Billing must be submitted during the month in which the technology was initiated for the client. Docinnentation must be maintained in client files to support this achninisirative billing. 3.2 Method of Invoice Payment Payment shall be niadc upon the Provider's presentation of an invoice subsequent to the acceptance and approval by the Alliance of the deliverables slimvii our the invoice and payment has been received from the Department.The lbrin and substance of each, invoice submitted by the Provider shall be as follows: 32 1 Request payment on a nunuhly basis fbr the units ol'services established in this contract, provided in conformance with the requirenients as described in the DOEA Progranis and Services Handbook, and at the rates established in ATTACHNIENT Vil, Documentation of service delivery must include a report consisting of tine following: number.of clients served, IlLunber ofserviCC Units provided by service,and rate perUSCl-ViCC Unit With Calculations that equal the total invoice amount. Any change to they total contract aniount requires a fbi-inal arnendrilent. 322 The Provider shall consolidate all subcontractors' Requests for Payment and Expenditure Reports that support Requests for Payment and sliall sulurnit to the Alliance Using l'OrruS RC(Itlest for flaynient (ATTACHMEN F IX), Receipt and Expenditure Reports(ATTAC 11-IMENT X) for services. 3.2,3 All Requests Coo Payment shall be based oil the submission a inondity Expenditure Reports beginning %vith the first month of the contract. "I"he selv0dUle for submission of advance requests and invoices is Invoice Schedule, ATTACHMENT Vill. 3.2.4 In order to properly manage the program budget, the Provider niust submit invoices Ion paynient rota later than 90 days after the end of the.month in which Cite expense was incurred, except that invoices cannot be subinitted after'Close Ul Report date. Invoices Submitted late will require the approval of the Alliances Contract Manager. Late invoices will not be paid unless,just ii fication, is submitted and approved by the Contract Manager. 3,15 The Provider shall maintain doctinientation to support payment requests which shall be available to the Alliance, tile Department,and the Department off"inancial Services,or other authorized state all(]federal personnel upon request. 12.6 All payments under the terms of this contract are contingent upon an annual appropriation by file LCgiShuUre,and subject to the availability of funds. 3.3 Payment Withholding Any payment due by the AlliaiiCC Under the terrors ofthis contract may be withheld pending the receipt and approval by fie Alliance of all financial and programmatic reports due fi-orn the Provider and any adjustments thereto, including any disallowance not resolved as outlined in this contract. 3A Final Invoice Instructions Payments for Technoicigy Administrative I"lat Fee shall not exceed amounts established in ATTACHMENT Vil, per technology,and niust be billed and submitted on the Technology Administrative Flatt Fee form(ATTACHMENT X, 1�`xhibit Page 29 of 7'2 2068 RP-2129.3 6), Billing must be submitted dUring the month in which the technology was initiated ffir the client. DOC Lo rn ell tat ion nitist be nlaintained in client files to support this administrative billing. 3.5 Providers' Monthly CIRTS Reports The Provider must run monthly CIRTS reports and verify,client and service data in tile CIRTS is accurate. This report must be submitted to the Alliance with the niontilly request for payment and expenditure report and inust be reviewed by the Alliance before the Provider's request for payment and expenditure reports call be approved by the Alliance, 3.6 CIRTS Data Entries The Provider must enter all required data for clients and services in tile CIRTS database per the DOEA Programs and Services Handbook and the CIRTS User MallUal- Aging Provider Network users(located in Documents on the CIRTS Enterprise Application Services). Providers must enter this data into the CIRTS prior to Submitting their requests for payment and expenditure reports to tile Alliance,The Provider shall establish deadlines for completing CIRTS data entry to assure compliance with due dates for the requests for payment and expenditure reports that must be submitted to the Alliance, SE(ITION IV. SPECIAL, PROVISIONS 4.1 Provider's Financial Obligations 4.1.1 Marching, Level of Effort, and Earmarking Requirements The Provider shall match at least ten percent(10%)of die cost f6r services funded through this contract, except for services provided pursuant to American Rescue Plan for Preventive Services under Title 111-D of the Older Americans Act, The match will be made in the form of cash and/or in-kind resources.The Provider shall report match funds by title each month.At the end of the contract period,the Contractor Must properly match, American, Rescue Plan funds that require a match. 4.1.2 C011SUniff Contributions Consumer contributions are to be LISM under the following,terms: I), The Provider assures compliance with Section 315 of tire OAA,as amended in 2020, regarding consumer contributions; 2). VOILIntary contributions are not to)be used for cost sharing or matching-, 3). Voluntary contributions are to be used only to expand services; and 4) ACCUMUlated voluntary contributions are to be used prior to requesting federal reinibUrSeruCilt. (September 2021 —September 2024)KlkP2 1 4.1.3. Use of Service Dollars and Management of the Assessed Priority Consumer List The Provider is expected to spend all federal,state,and other funds provided by the Department for the purpose specified in this contract. For each program managed by the Provider,the Provider must inanage the service dollars in such a manner as to avoid having a wait list and a surplus of funds at the end of the contract period. If the Alliance determines that tile Provider is not spending service funds accordingly,,the Alliance may,transfer funds to other. Providers during tile contract period and/or adjust subsequent funding allocations as allowable under state and federal law. 4.1.4 American Rescue Plan Funds The Provider assures compliance with Section 306 of the OAA,as ainended in 2020,and will not use funds received under the American Rescue Plan to pay ail), part of a cost(including all administrative cost)incurred by the Provider to maintain a contractual or commercial relationship that is not carried Out to implement Title 111. 4.1.5 Use of Service Dollars and management of Assessed Priority Consumer List: The Provider is expected to spend all funds provided by the Alliance for tile purpose specified in;the contract.The Provider 111USt manage the set-vice dollars in such a manner so as to avoid having a%:vait list and surplus of funds at the end of the contract period for each program managed by the Provider. Page 30 of 72 2069 RP-2129.3 4.2 Incident Reporting The Provider shall notify the Alliance immediately but 110 later than forty-eight(48)hours from the Provider's awareness or discovery of changes,related to a Provider authorized Proviso,that may materially affect the Provider's ability to perform the services required to be performed under this contract and in authorizing Proviso. Such notice shall be made orally to the Alliance Contract Manager(by telephone)with an email to immediately fallow, including the Provider's plan for provision of the services authorized in Proviso. 4.3 Investigation of Criminal Allegations Any report that implies criminal intent oil the part of the Provider or any Subcontractors and referred to a governmental or investigatory ki4ellCy MUSt be sent to the Alliance which will in turn forward the information to the Department. If the; Alliance has reason to believe that the allegations will be referred to the State Attorney,a law enforcement agency,the United States Attorney's office,or other governmental agency,the Alliance shall notify the Inspector General at the Department immediately, A copy of a]I documents, reports, notes or other written material concerning the investigation, whether in the possession ofthe Provider or Subcontractors,must be sent to the Alliance which will in W111 send,the material to the Department's Inspector General with a summary of the investigation and allegations. 4.4 Volunteers The Provider Shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such set-vices. If possible,the Provider shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants(such as organizations,carrying out federal service progranis administered by the Corporation for National and Corn"'Un itY Service), ill community service settings. The Provider shall submit an annual Unduplicated report Of'VOILInteer hours on the format provided by the Alliance. The data collection period is from July I to June 30 for each calendar year, 'file data submission,(late is 5 business days following the close of the contract period. Page 31 of 72 2070 RP-2129.3 ATTACHMENT 11 ATTACHMENT It FINANCIAL AND COMPLIANCE AUDIT The administration ofresources awarded by the Alliance to the provider may,be subject to audits,and/or monitoring by,the All ianceandor the Departnienta s described in this section. 1. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 20�0 (formerly OMB Cil-ClllarA-113, as revised), and s. 215,97, F.S., (see "AUE)rrs" below), monitoring procedures may include, but not be limited to, oil-site visits by the Alliance and/or the Department staff, limited scope audits as defined by W013 CircularA-133, as revised, and/or other procedures. By entering into this agreement, the Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance. In the event the Alliance and/or- the Department determines that a limited scope audit of the Provider is appropriate, the Provider agrees to comply with any additional instructions provided by the A I I inure and./or the Departirent to the Provider regarding Such audit, 'I lie 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 I: FEDERALLY FUNDED This part is applicable ifthe Provider is State or local government or non-profit Organization as defined in UVII3 Circular A-133, as revised. Ili the event that the Provider expends$750,000.00 or more in federal awards during its fiscal year,the Provider must have a single or program-specific audit conducted iii accordance Nvith the provisions oft CFR.Part 200. EXI-1113 I,lr'2 to this agreement indicates federal resources awarded through the Alliance by this agreement. In determining the federal,awards expended in its fiscal year, the Provider shall consider all sources of"Federal awards, including federal resources received from tile Alliance.The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Ali audit of tile Provider conducted by the Auditor General in accordance with the provisions of (TR Part 200,will meet the requirements ofthis part. In connection with the audit requirements addressed in Part 1, paragraph 1, the Provider shall fulfill the requirements relative to auditee responsibilities as provided, in 2 CFR Part 200.508. If the Provider expends less than $750�,000.00 in federal awards in its Fiscal year, all audit Conducted iii accordance with the provisions of 2 CFR Part 200, is not reCjUired. In the event that the Provider expends less than $750,000.00 in federal awards in its fiscal year and elects to have all audit conducted in accordance with the provisions of 2 CFR Part 200,the cost of the audit must be paid from non4ederal resources(i.e,, (lie Cost Of Such audit must be paid from Provider resources obtained front other than federal entities) Ali audit conducted in accordance with this part shall cover the entire organization for the organisation's Fiscal year. ('ornpliance findings related to agreements with the Alliance shall be based oil the agreement's requirements, including any, rules,regulations, or statutes referenced in the agreement. 'file financial statements shall disclose whether or not the matching requirement was Met for cacti applicable agreement. All questioned costs and liabilities due to the Alliance and/or tile Department shall be fully disclosed in the audit report with reference to the Alliance agreement involved. If riot otherwise disclosed as required by 2 CFR Part 200.5 10,the schedule of expenditures of federal awards shall identify expenditures by agreement number for each agreement with the Alliance in effect during the audit period. Financial reporting packages required Under this pail must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Provider's fiscal year end. Page 32 of 72 2071 RP-2129.3 PART* II. STATE IF U N D E D This part is applicable if tile Provider is a non-state entity as defined by s,215.97(2),17,S, In,the event that the Provido-expends a total amount of state financial assistance equal to or ill excess of'$750,000.00 in any fiscal year of'such Provider(for fiscal years ending September 30,2004 or thereafter), the Provider must have a State single or pro9 ect- specific audit for such fiscal year in accordance with s. 2 15,97, F,S applicable rules of the Department oaf inancial Services;all(] Chapters it7.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXI 111311'2 to this agreement indicates state financial assistance awarded thrOU01 file Alliance by this agreement. In determining file state financial assistance expended in its fiscal year, file Provider shall consider call sources of state financial assistance, including state financial assistance received from the Alliance, other slate agencies, and other tion-stale entities, State financial assistance does not include l"ederal direct or pass-through awards and resources received by a non-state entity fbr F-ederal program 111"'Itching requirements, Ill connection with the audit requirements addressed in Part fl, paragraph 1, the Provider shall ensure that the audit complies with the requirements of s. 2 1 5.97(8), F.S. This includes submission of financiai reporting package as defined by s, 2 15.97(2), F.S., and Chapter 10.550(local governmental entities)or 1 O 650(nonprofit and for-profit organizations), Rules of file Auditor(Icneral. I fthe Provider expends less than $750,000,00 in state fim"16al assistance in its fiscal year (fin, fiscal years ending September 30, 2004 or thereafter), all audit conducted ill accordance with the pr(.)visions of s. 215,97, F.S- is not required. In the event that the Provider expends less than $750,000,00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of's. 215.97, F,S_ the cost of the audit rnusl be paid from the non-state entity's resources, (i.e., the cost of'such all audit must be paid Froni the Provider reSOUNCS,obtained from other that) State entities), An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any applicable rides, regulations,or statutes,The financial statements shall disclose whether or not the matching requirement was rnet for each applicable agreenient. All questioned costs and liabilities due to the Alliance shall be fully disclosed in the audit report with reference to the Alliance agreement involved, if neat othervise disclosed as required by Rule 691-5.003,[`,A.C.,the schedule of expenditures of'state financial assistance shall identi(y expenditures by agreernent number for each agreement with the Alliance in effect during file audit period. Financial reporting packages required under this part must be submitted within 45 days after deliver), ofthe audit report, but-no later than 12 nionths,after the Provider's fiscal year end for local governmental entities,Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 nionths after the Provider's fiscal year end.Notwithstanding the applicability of this porlion, tile Alliance retains all right and obligation it) monitor and oversee tile performance of this agreement as outhned throughout this document and Pursuant to law. Ill. PART Ill: REPORT' SUBMISSION Copies of'reporting packages for audits conducted in accordance with 2 CF R' Part 200, and required by PART' I of this, agreement shall be submitted,when required by 2 CFR Part 200.5 12,by or on behall'of the Provider directly,to each of the hallowing; The Alliance at each of the following addresses: Alliance for Aging, Inc. Attn: Fiscal Department 76rO NW 10711 Avenue Suite 214 Miami, FL 33172 Page 33 of 72 2072 RP,-2129.3 For fiscal year 2014 and later, Pursuant to 2 CFR §200.512, the reporting package and file data collection form must be submitted electronically to the Federal Audit Clearinghouse, Pursuant to 2 CFR §2W5 12,all other Federal agencies,pass-thrOUgh entities and others interested in a reporting package and data collection form niust obtain it by accessing(Ile,Federal Audit Clearinghouse. 'Fhe Provider sliaH submit a copy of'any management letter issued by the auditor,to the Florida Department of Folder Affairs at the l'ollowing address: Alliance for Aging, Inc. Attn: Fiscal Department 760 NW 10,71" Avenue Suite 214 Miami, UT, 33172 Additionally, copies oi'financial reporting packages required by this contract's Financial Coinpliance Audit Attachment, Pail If shall be submitted by or on belialf'ol'the Provider directly to each of file rollowing: Hie Florida Department ol'Fldcr Affairs at the following address. Alliance for Ag,ing,Inc. Attn: Fiscal Department 760 NW 1071" Avenue Suite 214 Miami, FL 33172 "I lie Auditor Gmcral'�w (,Klicc al 11w 1*olkm in-, address: State all'Florida Auditor General Clande Pepper Budding, Mount 574 111 West Madison Street Fallahassee, Florida 32399-1450 Any reports, management letter,or other fifformation rC(lUired it)be submitted to the Department pursuant to this contract shall be submitted trately in accordance wilh 2 C'FR Part 200, Florida Statutes,and Chapters 10.550(kpcal governmentail entities)tar 10.650 (nonprofit and for-protit organizations), Rules ol'the Auditor General, as applicable. Providers, when subinitting financial reporting packages to the Department for audits done in accordance with 2 t f-R Part 200 or Chapters 111.550 (local governmental entities) or 10.650 (nonprofit and for-proill organizations), Rules of the Auditor General, should indicate (lie date that the reporting package was delivered to the Provider in correspondence accompany ing the reporting package.. PAR F IV. RUICORD 11T I ELATION 'File Provider shall retain sufficient records demonstrating its compliance with the terns of'this contract f6r a period of'six(6)years fi-om the date file audit report is issued, and shall allow The Department or its designee. the CF`O or Auditor General access to Such records upon request,The Provider shall ensure that audit working papers are made available to the Alliance and/or the Department or its dcsigriee, 0"0, or Auditor General upon request for a period of'six (6) years frorn the r�late the aLKfit report is issued, unless extended in wrifing,by file Department. Page 34 of 72 2073 RP-21293 ATTAC"MENT 11 FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT I PART I: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal rcSOUNCS may or may not be subject to the audit reqUirernents of 2 CFR Pail§200.500,and/or s, 215,97, F.S. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be SLIbject to the audit requirements ifthe audit threshold requirements set forth in Part I an&or Part 11 of Exhibit I is met. providers who have been determined to be vendors are not sulliect to the requirements of CFR Part §200.38, and/or s. 215,97, F.S, Regardless of whether the audit requirements are met, Providers who have been determined to be recipients or subrecipients of ederal awards and/or state Financial assistance must comply with applicable programmatic and fiscal compliance reqUirernC11tS. In accordance with 2 CFR Part §200 and/or RLde 691-5,006, FAC,Provider has been determined to be: VericlornOt SLib.jectlo2 CFR Part§200.38 and/or s.215,97,F.S. Recipient/SlIbreCipient SLII)jCCt to 2 CFR Part §200.86 kind §200.93 and/or s. 215.97, F,S, Exempt organization not subject to 2 CFR Part §200 and/or s. 2 15.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public Universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. Nam: If a Provider is determined to be a reCi[)iC11VSUbrecipient 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.S_ and Rule 691-.5006, FA(" [state financial assistance] and 2 CFR Part §200.330 [federal awards], PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a SUbrecipient must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part §200.4 16- Cost Principles* 2 CFR Pail §200�.20 1- Administrative Requirements" 2 CFR Part §200�.500- Audit Requirements Reference Guide for State Expenditi.11-eS Other fiscal reqUirernents set forth in prograrn laws, rules and regulations NON-PROFIT'ORGANIZATIONS MUST FOLLOW: 2CFR Part§200.400-.41 ]-Cost Principles* 2 CFR Part §200.100-Administrative Requirements 2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)MUST FOLLOW: 2 CFR Part §200.418- Cost Principles* 2 CFR Part §200.100�-Administrative Requirements 2 CFR Part §200,500-Audit Requirements Reference Guide for State Expenditures Other Fiscal requirements set forth in program laws,rules and regulations Page 35 of 72 2074 RP-21293 *Some Federal programs may be exempted froin compliance with the Cost Principles Circuiars as rioted in tile. 2 CFR Part §200.400(5)(c), "For funding passed through U.S, Health and Human Services, 45 CFR 92; for funding passed through U.S. Department of Education, 34 CFR 80, STATE FINANCIAL ASSIS'FANCE. P ro,v i d e r s who receive state financial assistance and who are determined to be a recipient/subrecipient Must comply with the following fiscal laws,rules and regulations: Section 215.97, F.S. Chapter 691-5, Fla. Admin. Code State Pro.jects,Compliance Supplement Reference Guide for State Expenditures Other Fiscal requirements set f6rth in program laws, rules and regulations The Remainder of This Page Left Intentionally Blank Page 36 of 72 2075 RP-2129.3 ATTAC"MENT 11 FINANCIAL, AND COMPLIANCE AUDITATTAC"MENT EXHIBIT 2-FUNDING SUMMARY Note: Title 2 CFR §200,331. as revised, and s. 215.97, F.S., require that information about Federal Programs and State ProJects included in ATTACHMENT 11, Exhibit I be provided to the recipient. Information contained is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL R ESO FJRC E,S AWARDED TOTHE S U BRECI PI ENT PURSUANT'TO THIS CONTRACT CONSIST OF THE FOLI..,OWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Ainerican Rescue Plan Administration U.S. Health and Human Services 93.043-044 American Rescue Plan for Supportive Services U.S. Health and Human Services 93.044 $9,704.30 under Title VI 1-13 of the Older Americans Act American Rescue Plan for Congregate Meals U.S. Flealth and Fluman Services 93.045 under Title 111-Cl of the Older Americans Act American Rescue Plan ffir Home Delivered Meals U.S. Health and Human Services 93.045 under Title 111-C2 of the Older Americans Act American Rescue Plan for Preventive Health under U.S. Health and Human Services 93,043) _Title 111-D of the Older Americans Act I I American Rescue Plan for Family Caregivers U.S. I lealth and Human Services 93,052 VAO�00 under Title III-E of the Older Americans Act T07AL F EDERAL A WARD 16,704.30 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDI"RAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL EULLL), 2 CFR Part 200-Uniform Administrative Requirements, Cost principles,and Audit Requirements for Federal Awards.OMB Circular A-131 -AUdits of States, Local Governments, and Non-Profit Organizations 2. STATE RESOURCES AWARDED TT)THFRECIPIENT Pt.JRSLJANI"1'0'['FIISC'ON'I'IZAC"[' C'ONsis,rOF TIJE FOI.A..,OWING: MA'I'(,',I-IING RFSOUCES FOR FEDERAI., PROGRAMS PROGRAM TITLE, FUNDING SOURCE CFDA AMOUNT STATE AWARD S'FATE FINANCIAL ASSITANCE SUBJECT TO sec. 215.97, F.S. -PROGRAM TITLE FUNDING SOURCE — CFDA AMOUNT' I'OTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STA-rE RESOURCES AWARDED PURSUANT TO -THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE: Section 215.97, F.S., Chapter 691-5, F,A.C., Reference Guide For State Expenditures, Other fiscal requirements set forth in program laws, rules and regulations. Page 37 of 72 2076 RP-2129.3 ATTACHNUNT fit (AA0'1FJCA'1"1()NS AND ASSURANCES I he AHAwe "M nm a"ard Tis (4nurao i die I"rovider cornj&ws Mew (TRI 1000"IONS AND z%SSLJRi\N(liSiiiperk)mtancen this cmMuo The Pnolkir pnid&s We AdQwWgcerKficWKlns and avxmnc"� A, 95a CFR Pao 75 C Neand scrhiridnation & F, u, 11WHI (Awas—ff"Mu n111(]L-1N1SS(m—j _ce C_j' t Part 37 an(1 4-5 1,RI-i'virl 801 It a� .,,_ F-S. U a 'Associ,' ion of LL)",111 m,A izalion�_Lqr Reform F. ( eiritifig.ation R'tU:tLvL( lLunized Coo)[11L)"li F.S. G. Ce tific, jonLRegai ljjj)[aLlni for ( 11tratts Agr(Itments Gii Loan's aq.Ll II. VeHhwokn of F it -Irei ,Caalloll I. Ifecot L. anti floe Iarn ent qAt kv)[111 J. Ifixi A. CEICUIFICATION RIVGARDING DERARNIEN"U, SUSVV:NSR)N, AND 01 11FR RESPONSIBUIATV NIATTERS PRUMA11Y The unders(govd f1i cwWs U; Ke boo of W knowkye and WHO! tat R and is pOncipak I. Are real pi debarred,suspended, pwposed Wdelhumant- declared WgRAv,or vQui exchidevi Urn coverned vmumlim" by a thdad depornwo or agenq� L I hie me "Thin as fliree--ycar period pirmcdOg this Coi bun wmWed or had as civHjudgirrent rendered J�-air I s I then I foiI Co I innission offraud or a ednihm Ion&mein corri "kh Wtairdn& EMompting U)Wiwi Ili�or PeAmnihng as PWAW WNW, SIM" ow Q) vartsaction or contract undcr a& pubtic, tirans,:iction vi0knioll of I ckml or Stniv arvii swwws or commission of enibe//Icnieril, ILI Ygety. We, IWAncatkni or desixi ofrecoM% Wing We materuons. or ruckbg mok" pmWery 3. Aire not pi indictcd or othom ke crknW5 or civHn chargal by a lynei cnGq (94dowL State or Iocal)� with conivnissim tWm* of To onUi enurnctnaed in parugmph A.1 ofthis certdicaiion: andor 4 I lave i "%itldn as three—)car period pmcedhg Ohs appilinakinTiropwal W ame or mmv puWQ wansmAmis (I"Cder".11. Statc. or local) ternlinatcd for Cause ofdefiauhd nW UndersWined Awil recpdre that iai ort, cenUkation be h0i in the CILKA"'nents pier an subconli at aH hers (incIudh1g !whcwnRIcIv vendcus, sub-grants wid corturaws under granls. loans ,and cooperative agrcenicans) aW that aH sub recipbMs and cmuacws AmIl provide this certi&wkrin amordkgt. Page 38 of 72 2077 RP-2129,3 CTicrjF1CATH)N REGARINING II)BBVING - (4A?T1IQCATR)N I=CONI RA(ASJ;RANTS, IDA pia AND (DO11WATIVE AGREENIVNIX Ifire undusigi-red Provitler certifies, to the bem or as knowIndft: and belkr Aw No Fcdcral afiprol-viowd foods hawc been paw 01 "ill he pakL by or on hNnih of We imclei-sQnal to an) posmi for infIrvencing or allempthp to Julbence an oniur or empkq cc o0brigresy (w an employvc of a WiNm of('ongress in COiVICC00a1 ww o111 tire a%%ardinv'of'nny Feder"Ll Contract. die inakill'u,cram) Federal p!'rarn. the 1111"Iking, ofany Fe toil ban. to em"hg into or any coopawkv apTerneril . and We exinnsitni condLumHoLL reriaN A arnerWrriort or lnodif-w'16oni of arv, I'Odcral o'irnracl' loan 01' If ng, Ards odwr Wn Federa"pWorn5nd Ws We bun padd or W Iv Paid W any pumm Rw Whencing or �fflcir)JMHILU u() infILIC11CC an ORWer or ompkIve or an, ogowl. a Nhrnbor or Congns, an oliker or emphlove of (Awryass, irr emph.jec of as Mother of('ongress in connection wil a Fedem! swrow, grant, loarl, or cmMeivhe agnerneran die undersigned shall akov complete and Nubrnk Wanshmi l'orm - I IS, "Disclosure I orm ro IU.porl 1, obbying", in "'Iccordance M ith it insn'iucfions , I he undosyned Bad r"Wire duo I rguage ofMis certakation be included in the Wunwras for all subconivists at aH tiers su:Ki:oritracts.sufw-grmos and oydraos uW u=4 loaris and amperwive aurceurnmis)and that all sub- recifdents and corgi' oors shall tcrtd anal tfSC'o'C I llus cerliric"aion is as W"Cod reprewrom5n of Na uy)n "Wh reliance way pKed "Iwn &W (Wrorct was nmdc or wercul inst Sulmnkskn of this ccoWation is as pmwW&W; lays making to emc;Q horTis 47ontmet WNW by 31 US& 1352. Any person "ho fails wo 00 We mqWwd cativnion shall [.1c Subject to a Civil penah oI'Irot less than SI(MMM) W mH mom Umn SIMMMO Rw each much Wure, NON-DISCRI MIN ATION & EOUAL (WInirruNII N" AMURANCE (29 CF'R PART 37 AND 45 CHI PART M. AS U"Wit M 00the (AMUML PnWAW VISSUMS MM A MAI WMPly ado "Rh Me and cW"d oppowdl Provisions clOw k1lom ing km : I, Section 188 ofthc "'orknnn hwwomay A0 cd 1018 ("IIAL Walk L 105.2201, "Sch NTWIN dArionirimion ogaitist sell hiLlk iduak in the Unded symcq on me hams ormue, coot rcHoow sex national ori+.hi, disahilitw. polled affiHmAn. Or klick and againm berrenckirks on to NA,, of,,,J1her cid/onship'malus as to lawfiffly achnored audinHied to%"wk in Te Wired Sues or MaOdpmim in any MIA 104 krimnciMt assisteo.] pNTrmn or no Nd,. I 1fide VI ofthe UN H R"Ns Ao oi' 1904 tPUII. L. 88-352) its amended,and Al rNuhvnwnrs hnpwwd by orpw4umo to tire Reguiation r,rwe,Department ofileakh and I luman Services(45(TR Part WK to We end War. W accoindaLwe "Ah Fkk A of Act and the Ifegulmion, am perm-ai in the Unked Mares Aml on do gnourd ofmw, adw or national ori�jin' be t:xChrded I'rorn parkicipmion in he denied the hkirer'ns c'0', or be ofhera6se sut�je(.Ied to di"'Crivilinaiion ontk"'r any Inoa!rarn or acik ilk for wOnch We Apffliown mccKs Adanif fiminchl as,14arwe IhAu the fkPartmem. a. sectic"r 504 of the Rerial-d1it,atiort Act M' 1973 1 PLO 1. 93-112) as onnended. and aril raWkerneros imposed by or pursuant tar the I�egukaion of the DeRvirumeni orthnalth and Human Scrykes 05 ('leis' 100 &4 to the anti Hoist,. in aCCOrdance ww kh SecOon 504 ordvat ACL and the Regulation. no tnherwi"s2 Llruddied I1i1nLfiCJI)PCd ilkliVidual in the UnAd Sms Oak sokly lay" as ivooi of his hanchcy he m acW&d frond utidptkn b he d i- e d t Meo locneths of: or he subjected to discrii-ninati011 UndO'any Pr0,L!fani oractivit; Rw m hQh to Apphcam receives Federal tinaricial as'."iylancc from the Deparonew, 1, 1 he A!e Orscrindnalion Acr of 1975 (Pub, 1, 941% as amended.and A requiJonents Aripmed by or pursuant to Me Regulainion orthe i)csgrartmem W Nahh and HUMaH Sawkes(45(+I� Part 91 J,to the end that, or accordance "Th dw Aa and the Regulation, no peBun in Me 1JAWd sms AS can me Nisk of be denied Ow hawrits or he excluded Ainn paruicifmdon W or he suNwed to dkCHMi1Mti0n under any prograrn (" aelk iiy ftw which to Apokam receives liderar financial assisiance front the Department, Y i itwx or we Fdocathn Annendmems of 1972 JPW I..92-318Y as armandalL and all rquirernoas inipsed by Page 39 of 72 2078 RP-2129.3 or Imirsuant to the Regulation of the rupatinent offlealth and Human Services (45 (111 Part 86L to Me end dolt, & accordance "ith I Nk I X and We RepAgion no pamm in the Uniied Slates shall, on ihe hasis of sc\. be CXCILided frorn partkYation in. be denied We bcawMs K sAw oter"K suWeoed to di nirriksition under any c&wathn progmin or avivity for which We Apabrum mcdws Adwal 17imuicial anhance from the [hpunment. W Me Anno1can "Ah DisaWks Act 01' 1990 (PLA 1. 101036), x%hich lwohibits discrimination in A empkinwni fa`MiCeS, iHLlL1difl,-Q Job apphcalion proceduren hieing. fibing, advancenWFIL AmitionSadon, trahing. and other Wrins, conditions, and ImAileges orernph)mew. happhes in recruitrimau.advertising.tenum. hjuff. Gave,hiny" herieff, and all oflicr activitittS. PwWon also assmvs that it will cotriply "kh 29 (TR Paii 37 mid Of w1her regulations impkineniing Oct kiws listed Am, This aninance applies to Provider's Operation ofthtt WIA ride 11 - financially assisted Program or activity, and loall Contracts. Provider makes to cary out the WIA TW I - Hurancialn ankted pinogram o"intiviij, Pro6der understands that the Department ruxi the United ",1,vtQs have the right to scok.judicual enforcement orthe WINWICe. Me urmlersyncd shall require that language oCTis anumme be hwhided in Me documents Rw A suhcontracts al all tiers(includim.., subcontrads, vcndors, sub-,.u.;uns and Conn."'Icts underi-grants, Qns and cocMeartive agwomenN) and t1lat aH sub NcYiews md coritrantors shall pR)vWc this assununce acandirtgn M CERTIIACATK)N IUWRDING I'LBLIC VN'I V IA'CRIk1ES,SJJ TION 287.133, VX Pnnd&r hcra bye ceniflies that Wher it. ntw arty Person or WriliMe orProvider. hm kcn convicted ora ptolic j jw� (Anw as Ifined in to 28T 131 RS. mu plawd on We convicod vencim At. Provider understands and agrecs tha it is rapuired to k6mn We Lkpartmen( jruruediately upoll any Change a)J' Circumstances rqlardingl tki"',Status. E. ASS00A FION OF COMMUNI11" ORGANIZ VVIONS 1,'OR RVI;ORM NOW (A( ORN) FUNDING RESTRICTUMS ASSUR ANC (11t 11, L. I 11-1 F7), As a condlition of We (4mract- Pro,icier assures thit it will compo full;'." AM time Wderal rimdirig wstriwioris perta"ung taw ACORN and its subsidiaries per the ('owokhwd Appmpriaidoris Act. 20 HL Divishm r. Action 51 l (Pub, 1. 11 1-1 17A Me (Onthwity ApproKkAmN /ter 2011. ScAknis 101 and 1(13 (Pub, L. 11 1-11 A provides Oat appropriations niatle under ['(if), 1. 1111-117 am a"Hahle under We conditions provided by Putt 1. 1 1 1-1 17. The, undwsynod sluill wWAv Aw language cd'Wis assurance he included in the documous for all suburritraos at all tips 6.4yog sukNumm vendo". Wh-grants MKI Wraumts"ndcr granis, loans and and that all sub recifienis aima contractors shall mvvkk ON anwnmee acconlingh F. CERTI FICATION REGARDING SCRUTINIZE"(XMH'AMES LLSIN SECTION 281131 F.S. ir ang wmact is in dw amomt or si millUrn w morc.in accordance with the requirenienis, of s. 287.f 35, I-'.S., Provider hereby certifies that it A not partQWng in a Nycott of load, k not listed on cidwr the Scruid-d"d (Impmks with WNW in Sudan LW or the Suminked(`omprinies Nv ith Activides in the. Iran Petroleum kncrgy, S"aw LK and that it does not have huSuh:SS OPCFatioAIS ill Cuba Or Syria. Both lists area created pursuant to S, 215.473. 17.1 Provider understands that pursuant h) v 28TI35 Civil penalties, aflorncw"s CC Cs., ankizor co,,Os. 11'ProOder is unable to ccrtir fflly Of1he statements in this cenitkatiort Provkhor W nutuch an explanartion to this ('ontract. G CER'll"IFICATION REGARDING DAA'A IN YEGRITY (I),AIT41AAA44: FOR WNTR AC'B, AGREEMENTS, GRANT%IDANS AND WOPERAXIVE AGREEMENTS 1. The Provider and ,in suhcornraCtOrS Of' SCrViCCS Under this contract have financial managenlent sv Sterns cqmbk of providing certain inki-mation, iridudin.": ( l) RCCUr,Rt0, CUrreffl. and Coniplete diSdosul-c of the Page 40 of 72 2079 RP-2129.3 Prarricial results of each grant I'Luided pro�Rct or program in accordarne %00 the prescribed rqmrtiny mquitnernens: (2) the source mid apphouion or Run bw all contrul syToned activities: and (3) the C041111',ViS011 Of OLIH4S with hmWeted amounts For each a"Ward"ho inalAMY to rimcess h&wmmkn in accordwac "Nh these requirements couk! resuk in a rumn, or prant Funds that have not been accounted W, lWoperly,. I Munagminit hdkmwhn Systems toed by We lKnWer, mibco1nraCk.)rS. €CMIO€ 'S, 01' any outside CAllity on "Wh the Pnwker is dependent for data that is to he mportc& imnsnAttaL or calcuAted. Now been amcned and verit'ied to he caiptbfc or processing data accurawly. in hOing year-datc dependent data. For those systenis idemiried tote ratan-compliant, Pro%ider will We immediaw action to assure data MAN 1. 3, 11' this contrHct includes tire provision of hardwarc,', software, microcode or unbcdcled chip technolou'v. tile undersia211cd w"arranis that these products are capable of'pr(wenity year-drue Qwidoit data aCCLH',ItCl�y'. All version's or these produes onind by the Pinovider (rciovsenmi by the undersigped) and Wmelmsed by We stwe W he voThd Rw a"macy and haegrity ofdaw prior mr U) irandbr. 4 in the cwcut ol'racy' decre°asc, hi l'unctionalky related to 6111C and date refuted Codas and internal SUbrOtnincS that uupcdi.r the hardw arc orsol'tware prouratils from operating the Provider aurces to ininiediatclN nuke recWhned coriec6oio to reswre hard%%arc and sof1ware program's lc� tile �arllc level of Ctuic6onahty as marranwd herein, at no chmpe u.) We slaw. and widioul hunnqwYon 10 the busines's ol'Ote state, tinic ofille essence, 5. 'I he Provider and any subcontraclors and, or vendois of servies undu this comrac, "Trmrit HwK poNcies and procedures include disaster plan to provide liar service dchvery mcontinue in easeofnn emeigency inchidinu enwrgencies arising (Wni dwa h1qrity compliatwe Wres. II VER"ACATION 0111 EMPIDYMENT STATUS CERTIRCATR)N As a condWon orcomractin u with Me Departmaw tare vido-certirivs the use ol'Ole U.� 00paltineul of floniciand securit\'s 1�-Vcrif% S\S�wrn to veriN Me emplklinent eligAhlby ofall new employees W"I by, die Pliwider during the cAnct tenito'pernma onkritcM, dWOS pumwml to dais conAract and 1hal any subcontracts inelude an exprey, requKinent that subconlramms andbr venTus perfortudy work m providhig sod"s pwmwm to Nis Contract utilise the L-verify Syystern to v!criry, the cunjunent Apiwo or au ne" empknecs hkcd by We sA0MVM%W and'or vcndordllring tile cnurecontracl toru. I he Provider shall require that the language orthis certification he WOW in all sub—agreernwas, sub-gaurts- and other aurcemenl0ominam and Owl Al subcontractors and% vwWots Amp certify emardimnec a"oMityly. Ehis cenificatOn is a niatcd,d representalion of fact upoll which rehancc was Placed when this transaction VV'N nmde or ennewd Why SuNnission of this corlifimbn is as prerewrishe for niakurg or en(erinu into this transaction hripsod by 0rculaN A-102 and 2 (111 Pml 20M and 2 15 (for rinerl; LINT (Ircular /Y I I 0Y 11. REX'ORDS AND DOCUMENTA] 10N I he ProvWa agmcs to make avAWK u) dw A Himice and IN pa staff a and4w any party designat"! by We Allince and lkpahman an; and all contract relmed reccoxis and documenwGuL Tlw Provider shall ensure the collection and maintenance of add pixTram4dawd Wwrnarkm and doctuncritation on any such syst"i designated by the Depar-unvas Mahuenance includes valW exports and backups ofall data and systeiris according to Department stamlams. J. CER HFICATION REGARDING INSPEX"HON OF PUBLIC RECORDS I. In addkhn to the requkumnits or scelicinn I m K I o2 orwe SimKiord ('orin-mr and H TOM H 3) and 0) VS, and ary other applicable I= ira 00 action is cot-nmenced as contemplated by s. 119.070 1(44 IRS., and the Alliance or Me De,mi-Iment is named A the cNA aaWn, ProwWer agrees to irrdemnily and hold harnifess [lie Alliance arid tile Department for ally, Costs hwunvd by We Alliance or the Depamment, and nry"Umiroyl the assessed or mwn-ded a9 ainst[lie r111iauaeesvrthc fyerartaaaent from a POOR Records Request made pUrStlant to Chapter 1 0, F,S_ Page 41 of 72 2080 RP-2129.3 this contraa:t ol'SolvicQs perf'onned tholeundor, 2. Section I 19.0 1(3h FS, mates W public Cunds arrw expanded by an agency in pa inent of' dues or wenihvi-ship 1,61- any persoll. corporationm rouadatik)IL [I'LlSt. I�,SOCidtikal, 1-11-(tli), 0I Ml tile financial. buskwss. and nwinbership recods of such an entity whkh pe"ahn to the ImihHe agency (Florida Depawnwnt of Eider Affairs) are public records. Sectkn I person w%lit)has Custody of' mwh as pWAW word W permk Me reawd ui he inWccWd and copied by any pe"on desiHng to do so, under NdSknlahie Cil-CUIIISLAIICeS. Additionnik, I cellif) this organization does __Bluets An pm Ode IN institutional nionbcNIQ, 11ovideWs signmiwe bdow mwms tat recoals penaining to the Lines or mernbeinhip applicalkm by Ne AMance and We DqmOmmH w availabk, for iw;pcclion as stated above B; cmwwwn or Ihk conwav WOW mum Kruk dww ploN isioos in aH reWed m1convact ,at cenrems (it' applicable), BN, execution of, this cont-act, Provider must niclude these pmn Oms (Ad I hi anal) related suNmnVwI apeovaos (it' appLicahle). BV siunhis below. Novider cem ifies the ivpressivaions o"Oked hi parls A throuvii J above, al,o tnle and cored. 1100 Sinionton Street, 2"' Floor Signature and Title of antliorized Representative Street Address Monroe County Board of County Cominissioners, Social Services/In-Horne Services Key West, FL 33O40 Provider Nanie Date City, State,Zip code Page 42 of 72 2081 RP-21293 ATTACHMENT V1 ASSURANCES—NON-CONS'I'Rtl('I'ION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 miffiltes, per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget. paperwork Reduction Project (0348- 0043), Washington,DC 20501. PLEASE DO NOT RETURN YOUR COMPLETED FORM TOTI JE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program, if yowl have questions, please contact the awarding agency. Further,certain Federal awarding agencies may reqUire applicants to certify to additional assurances. Ifsuch is the case,you will be notified. I. Has the legal aLith0l'it)( to apply for Federal assistance, and (lie institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share or project cost)to ensure proper planning, management,and completion ofthe proJect described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, [Nipti-S, Or documents related to tile award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives, - Will establish safegUrurds to prohibit employees from Using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the .work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the intergovernmental Personnel Act of 1970 (42 U.S.C:. 4728-4763) relating to prescribed standards for merit systerns for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F), , 6. Will comply with all Federal statutes relating to nondiscrimination 'these iese inClUde but are not limited to: (a)'Title VI of tile Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination oil the basis of'race, color or national origin; (b)Title IX of the Education Amendments of 1972,as amended(20 U&C. 1681-168 1,and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.(.". 794), which prohibits discrimination oil the basis of handicaps;(d)the Age Discrimination Act of 1975,as amended(42 LJ. S.C.6101-6107),which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972, (P.L.92-255),as amended, relating to nondiscrimination oil the basis of drug abuse, (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 9 1-616), as amended, relating to nondiscrimination oil the basis of alcoliol abuse or alcoholism;(g)523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3,and 290 ee 3),as amended, relating to confidentiality of alcohol and drug abuse patient records;(h)Title VI 11 of the Civil Rights Act of 1968 (42 U.S.C, 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing Of 110LISing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for 1'ederal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s)which may apply to the application. 7. Will comply, or has already complied, with the requirements of"Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted prograins. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comp ly,as applicable,with the provisions of the Hatch Act(5 U.S,C.50 1-1508 and 7324-7328),which limit tile political activities of employees whose principal employment activities are funded in whole or in pail with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 trJ,S,C, 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U,S.C. ''' 874)and the Contract Work Hours and Safety Standards Act(40 U,S,C. 327-333),regarding labor standards for federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973(P.L 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$1 0,000M or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under tire National Environmental Policy Act of 1969 (P,I_ 91-190) and Executive Order (EOM) 115 14, (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) Page 43 of 72 2082 RP-21293 evaluation of flood hazards in floodphins in accordance Nvith EO 11988; (c) assurance of project consistency Nvith the approved State nianagernent program developed under the Coastal Zone Management Act of'1972(16 U.S.C. 1451 et secl.); (f) conformity of' Federal actions to Slaw (Clear Ali-) Implementation Plans under Section 176(c) ofthe Clean Air Act of 1955,as amended(42 U S,(%7401 et seep.);(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended, (P.L.93-523);and (h)protection ofendarigerect SPCCieS Under the Endangered Species Act of 1973, as amended,(P.L.93-205). 12 Will comply, with the Wild and Scenic Rivers Act of 1968 (16 U. S.C. 1721 et seq.) related to protecting Coll]Pone ill S or potential corriponerits of the national wild and scenic rivers system. 13, Will assist the awarding agency in assuring compliance with Section 106 of the National I listoric ]:)reservation Act or 1966, as amended (16 U.S.C. 470), FJ) 11593 (identification and protection of historic properfies), and the Archaeological and Historic Preservation Act of 1974(16 U&C.469a-1 et seq.). 14. Will comply with PJ— 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this aAard of assisuince. 15, Will comply with the Laboratory Aninial Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of kvarni-blooded aninials field for research, teaching, or other activities supported by this award ofassistance. 16. Witt comply with the Lead-Based Paint Poisoning Prevention Act(42 U,SX', 4801 et sect.), which prohibits the use of"lead- based paint in constrUCti011 or reliabilitati(:)n of`residence StrUCtul-eS. IT Will cause to be performed the required financial and conipliance audits in accordance with[lie Single Audit e'\ct Amendments of 1996 and OMB Circular No. A-133, Audits of'States, Local Governments, and Non-Profit Organizations. 18. Will comply with all applicable reqUireloClItS of all other Federal laws, executive orders, regulations,and policies governing this 1,.wograni. SKNA11TI:OFAU I HORI/H)(,t:RmrN,im;(wi:wmi, "I ITLE A111111CAN'l OROANVA FION DATF SUBMI I I FD MONW)E COUN't"Y BOARD OF' COUNTY COMMISSIONERS, SOCIAL SI"RVICESAN-HOME SERVICES Page 44 of 72 2083 RP-2129.3 ATTACHMENTVII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE GIFTS SUMMARY FOR THE AGENCY Service Unit Maximum Units of I Maximum Services to be Provided Rate Service Dollars Chore 111B $24.00 5 $120.00 Companionship 111B $11.00 5 $55.00 Escort IIIB $16.67 5 $83.35 Homemaker 111B $33.20 157 $5,202,12 Personal Care 1111B $33.20 123 $�4,071.66 Screening &Assess 1111B $2636 5 $131-80 Shopping Assistance 111B $13.00 1 $13.00 Telephone Reassurance 111B $27,37 1 $27.37 Chore IIIES $24.010 146 $3,5010.00 Specialized Mediic�ail Equipment 111ES Cost R irnb $3,500.00 .TOTAL $16,704.30 Page 45 of 72 2084 RP-2129.3 ATTACHMENT V111 ARP CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On Submit to Alliance On This Date I October Advance* October 25 2 November Advance October 25 3 October Expenditure Report November 6 4 November Expenditure Report Deceinber 6 5 December Expenditure Report January 6 6 January Expenditure Report February 6 7 February Expenditure Report March 6 8 March Expenditure Report Apri 16 9 i\pril Expenditure Report May 6 10, May Expenditure Report June 6 11 June Expenditure Report July 6 12 July Expenditure Report August 6 13 August Expenditure Report September 6 14 Septernber Expenditure Report October 6 15 FiiW Expenditure and Close Out Report October 31 Legend: Advance based on projected cash need. Note# 1: Report #I for Advance Basis Agreements cannot be SUbmitted,to the Department prior to October 22 Or Until the agreement with the Alliance has been executed. Note 4 2: Report nUmbers 5 through 14 shall reflect an adjustment of one-tenth of the total advance amount, on each of the reports, repaying advances issued the first month of the agreement. Note#'): SUbinission of expenditure reports may or may not generate a payment reqUCSt. If final expenditure report reflects funds due back to the Alliance,the Provider shall submit payment to accompany the report. Page 46,of 72 2085 RP-2129.3 ATTACHMENT IX REQUEST FOR PAYMENT ARP-FORM 106 AMERICAN RESCUE PLAN-OLDER ADULT ACT FUNDING TYPE OF REPORT: PROVIDER NAME,ADDRESS,PHONE&FED ID NUMBER Advance Contract#: Provider Name: Contract Period: Provider Address: Reimbursement Prri4derTelephonw REPORT* CERTtlFICATION: I hereby certify to the best of my knowledge that this request conforms with the terms and the purposes set forth in the above contract. Prepared Approved By. Date BUDGETSU'MMARY RP313 RP3C1 RP3C2 RP3D RP3E TOTAL ll 000 WIN ODU -----2-00— 0.01, �00 0 0.00 000 g Cor 0.0() Prior Month Enmng Contract Balance 0�00 O.GO 0.00 ......L—----------------------- 0.00� Current Month Amount Billed 0.00 0,00 000 0.00 0 00 0.00 Less Current Month AdvPa acts 0.00 0,00 0,00 0,00 0,00 Contracted Funds Requested for this Mordh 0.00 0.00 000 000 n 00 PSA#11 ARP Forms,Revised Weber 2021 Page 47 of 72 2086 RP-2129-3 ATTACHMENTX Exumrr i RECEIPTS&UNIT COST REPORT ARP SubTlfle,I"B ........ REPYIPERINA—ME ADDft§§-PBQXE#and FE MIAMaQ"R-T—PERJ DO: ... ,J.P.# MOW—SOPERP9 ARP HI-B X Report Period �O ..... .............. 0 . 0 Cantmot# 6 I cerdlyto the best otrny k—edge and beliefthalthis report is compWo and correctand all auflays herein are larpurposec,setforth in the contract.Further,Icarli".1th.attached monkhly and YTD conics,units hmetaplicated cients'repartis correct. Prepared by____Data:_A__ Approved by: __Date INCOMEJRECEIPTS A Approved Budget 8 Actual Total Billing C, Totat Billing D %Of Approved _jhis report Year to Dale Budget Peter Mo.Receipts VTD F ....... ........ #DIV,i0i ,P=lur�1.11.1r1c. $ 'Cash Match(tffl,HIC1,lHC2,111E) $ SUBTOTAL Cash Recepts T Locat In-Kind match $0 DO $ —.—, "I'll..... ...... TOTAL RECEIPTS. $000 $ 0DIV10i Billable Unit Cost Report Unduplicated Clients Served {A) (8) p (D) (F) A (A) (8) Semites Contract 8,11able, Unit Rate Amount Earned Y-T-D Y-T-D Current Month Y-T-D Amount Units This Period Billawe BiNable Undup Olanis Jndup Clients Units Cost Served, Served aM PriYorifts, iri;rYTD$ A $ .............. ...... .......... ............ $ $ .............. ................. .......... ..... ... ....... MATE '!LOIN lCosl Reimb. $ SCSM ........... 11-Rebrib, $,1 $ ............... .......... ........d-- I ..........T Tot T $ PGA4111 ARP 105318F.— Odche,,2021 Page 48 of 72 2087 RP-2129.3 .ATTACHMENT X EXHIBIT 2 RECEIPTS&LINiT COST REPORT ARP Subnfle 1111011 PRt3VIC1ER-NAEL—AWRg$§_PH�ND �BD# 0 0 &A lil-Cl 0 0 Contract#: 0 REPORT:=# O._ PSA 911 'EERTIFQ6LQN: II certify to the best ofmyknoMedge and beliefthat this report is complete and correct and all outlays herein are for purposes set forth in the contract Further I certify that the attached nnontTy and YrD seNos lunitslunduplicated ciren is,report is correct. Prepared by Date:— A— Approved by:. _Date INCOMEIRECEIPTS A Approved Budget B Actual Total Billing C. Total WHIng D. %of ApproAd -ter I'll refe0d Year to Dale Budget Prior Mo.Receipts VTO Federal Funds $ $ #DIV/O! Program Income Cash Match(111B,flICI,HIC2,INE) SUBTOTAL: Cash Receipts $ Local In-Kind match 0(3�00�00 TOTAL RECEIPTS $0,00 $ #04VIN Billable Unit Cost Report Undupticated Clients Served (A) (B) (C) SD) (E) (F) (G) (A) (8) SeNces Contract Billable UNI Rate Amount Earned YIT-D Y-T-D Cufrent Month Y-T-D Amount Units This Period Billable Billable Undup Clients Jndup Clients ................ Units Cost Served Serod —inarYTOunits PriorYTD$ .......... ----- ............. ——-------------- ............. HDM $ $ TE RACV $ SAGV $ 4� $ S ............. Total ..............—L...... ............... ............... PSA#11 ARP 105 X1 For-,OMbi,,2021 Page 49 of 72 2088 RP-2129.3 ATTACHMENT X EXHIBIT 3 RECEIPTS a UNIT COST REPORT ARP SubTifle HIC2 ........................ QVIL7ER NAME DPBEaa_PHDND 4ftdL�ED# EVROIN0,5CIURCE Tlii$-1jEP.48j P-E-RIQQ-,. Re ea�cdf C7� ...... ARP M-C2 Ix Carl Period 0 Contract# REPOR:T:9� CERTIMAplOM& I cmify In 1he best ofmy knoWedge and hishwfilhal�hrs repart,s compete and carted and ail outlays herein are for purposes w furrh rn the corn rid Furlitier,9 celitythat Ore Afta0iied nrunihly and YT0 senace imrsiumdurlicaiind chents report is correct Plel)'Mud by Dale-_ A...__ Approwd by DaAe INCOMEIRECEIPTS A Appr000d Budget f3. Adual Tolarl Sitting C. Total B;II—jng D ru<6 of ApproRd for 9iis report Year w Dale Budgel Prior Mo.Receipts YTD Federal Funds 4DW01 Progrelin Income $ Cash Mai 011B 1111Cl HIC2,HIT SE) . ..... SUBTOTAL Cash Receipts S S Local In-Kiind match TOTAL S REMPT ------—1 - $ - Billable Unit Cost Report Unduplicated Clients Served BAN (8) (C) U1 pEk (F) GH lA (6) Sefmces Contract 8111heNe Ulnit Rate Amami Earned Y J-D Y-T-D Current Month Y T-D Arrit)Unt Units This Penad Bfllaue BWlltle Undup Clients Jndup Clients Units Cost Served S emed PriorVT6—units IP ®rYTDi-- . ........... $ ............... ......... ............ S .=- Tat iaV PGA M I ARP 1 OY5 3C2 F... 00,be,202',V Page 50 of 72 2089 RP-2129.3 ATTACHMENT X Exhibit 4 RECEIPTS&UNIT COST REPORT ARP SubTlile HID ............ E%WIDER-NAML ADDR9$6�EffgNfA and FEI_IM fMNMNQAQ .................................... j8Lj-ftkPQRT PEPJ.Qk Report Period 0 D ..... . 6ontract Period: . ... 0 ARP I X 1 LEPORT�# �� IPSA#I I QEKJELQAEQN, I certify to the best of myknoWedge and befiefthAt rhil report is complete and correct and all outlays herein are for purposes set farm in thecantracl, Further,I certify that the a Its ched monthly and YTD s er�tce untslunduplicated clisrrU'report is correct. Prepared by Cate:-A Approved by: _Dow TNC6MFJR5CEJPTS A. Approved Budget B. Aclual Total Billing C. Totalitilling D %of Appromd far tflis_r-P01t Yeas t0Date Budget Prior Mo.,Receipts YTD Federal l Funds $ #DIVYO! Program lncorne SUBTOTAL: Cash Receipts $ TOTAL RECEIPTS $000 $ #DIV/0! Billable Unit Cost Report Unduplicated Clients Served (A) (3) A (D) (E) (G) 4A) (8) SeNces Contract Billable Unit Rate Amount Earned Y-7-D Y-T-D Current Month Y-7-1) Amount Units 'Ns Period Billatya Billable Undulp Clients Jndup Ciients Units Cost S,orsted Served $ -$ TERACV SACV $ PSA401ttARP1053DFom6 Mt.bs,2021 Page 51 of 7'2 2090 RP-2129-3 ATTACHMENT X Exhibit 5 RECEIPTS&UNIT COST REPORT ARP SubT]tW ME —PRQVlD9R NAME,APQMii FHQNg#401 FFJP# NDINti SOtPRCE THIIS REPORT PERIOD: ................. .......... .............................................................................. 0 Report Period 0 0 D Contract Ponod 10 D ARP VI-E X Contract M REPORTN PSA#11 CERTIFICATIQW I carblyto the best of my knowledge and belief that this report is completes and correct and all cuflaA herein are for purposes set forth in the contract Further,I":Oil&at the attached man thly and YTD 3 a Noe unilMun duplicated clionts'repod is torract. Prepared by: Date:—A Approved by: _Date, INCOMEIRECEIPTS Ar Approved Budget B. Actual Total Billing C. Toted Billing D %of Approved for this report Year to Date Budget Prior Mo.Receipts YTD Federal Funds $ #01VID! Program Income $ Cash Match(111B,C1,C2,111E) $ SUBTOTAL. Cash Receipts 7—Local!IrKind match Sa00 $ NDIWO! TOTAL RECEIPTS $O.CO Billable Unit Cost Report Unduplicated CIlardis Served (A) (B) (G) (D) (E) (F) (G) (A) (B) Services Contract Billable Unt Rate Amount Earned Y-T-0 Y-T-0 Current Month Y-T-D Amount Units This Period Billable Billable Undup Clients Jndup Clients Units Cost Served Sermol Prionrymunits Priorym$ $ HDM 6 TERACV Is SACV MATE Reimb. S HOIM Cost Reirrib. $ $ ............. SCSM Cost Reimb. $ $ i - ---�-------T......................... ------- Total PSA#11 ARP 105 3EFo"m,OtlobeR 2021 Page 52 of 72 2091 RP-21293 ATTACHMENT X Exhibit 16 Alliance for Aging,Inc. American Resue Plan Technology Service Administrative Fee Provider Name; Billing Month and Year,L Complete this form only during the month(s)that an mnitial alloted slot is initially filled and submit it with monthly billing reports to be paiid. Technology Serviec Billed Amount per Client Name eC1 RTS ID (Drop own Selection) Product FALSE FALSE .......... FALSE FALSE F-ALSE ­... FALSE SE FAL ........... --= FALSE FALSE .......... FALSE FALSE ............ FALSE .. FALSE ........... ............. FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE ,TOTAL. The S e rvi e c Ad ni nstrative Flat Fee can be ladled only ly once for each scot offered per Technology.. This Administrative f fait Rate Fee was designed to absorb any necessity ty to fif I a slot vacated by attrifl on. Page 53 of 72 2092 RP-212 .3 ATTACHMENT XT American Rescue Plain(AIIRP)Qua r Orly Report-Quarter How do you,plan,to Hoar wdl these funds keep these activities enhance or supplement What new services Describe how How will you be sustainable after current OAA services, do you plan on technology will be ,addressing mental Major goals and ARP funding is spent Title practices? implementing? used. health? objectives through? RP3f3 RP3C1 RP3C2 RP3D RNE American Rescure,Plen(ARP)Quarterly Re curt-Quarter 2 Hoax do you plan to How will these funds keep these activities enhance or supplement What new services Describe how How wile you be sustainable after current OAA services, do you plan on technology will be addressing mental Mlajorgoals and ARP funding is spent Title practices? implementing? used, health? objectives through? RP3B RP3C1 RP3C2 RP3D RP3E American Rescue Plan(ARP)Quarterly Report,.Quarter 3 How do you plan to How will these funds keep these activities enhance or supplement What new services Describe how How will you be sustainable after current OAA services, do you plan Oil technology will be addressing mental Major goals and ARP funding is spent Title practices? implementing? used. health? objectives through? R,P3B RP3C1 RP3C2 RP3D RP3E American Rescue Plan,(ARP)Qua rf rly Repart-Quarter 4 How do you plan to How will these funds keep these activities enhance or supplement What new services Describe how How will you be sustainable after current OAA services, do you plan on technology will be addressing mental Major goals and ARP funding is spent Title practices? implementing? used. health? objectives through? RP3B RP3C1 RP3C2 RP3D RP3E Page 54 of 72 2093 RP-2129.3 ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIC HTS COMPLIANCE CHECKLIST Program/Facility Name: Monroe County Board of County Comrnissloners, Social Services/fn-Home Services. County:Movifoj- Address Completel By uws',(YAon�un cuAc 2--Z51 City,State,Zip Code Ke yq nk F 1, 33 OH 0 . Date C1 2—w xzi Telephonc 30S u-I-15 it PA R'1'1. READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OFTHIS FORM. 1, Briefly describe the geographic area served by the prograni/facilityand the type of provided:n �:� YL-Imckamof 0—P (0Q(*"j i mjetkI 2,0 ffA�je� af� ,, C0()_)deYe V"kk - uvbm� -4YA'1'e t-I 1> ,VQ At, i�'X�m P vvcx"�'s J+v yx�' movictecl A"re- � 2, fIOIIUI,A I ION OFA REIA SY[ZVI 11 Source of data: (2-AACI Q0(-1er AW� edf.S, +a�(�.PLLO Q'II III WhAt)2 I I�S P a I I Other Female 3 STAIT CJJIiRFNTLY fjfecfivc(late: 'N --.I T I'olal# - I o White ')//o Black 10 ffispanii Or 11411"o Disabled 4. CHENTS CUfUU1'N'IfY ENROU,H)OR RIXASTERI'D Effective date: White %Black jl�%hispanic T DisabIed ON MCI Other I S. AI)VISORk 'OR(iOVI RNIN(,i ]30ARI), ]I,',,\Illll.l(,'A]31,1�. A ota 10 4a White °,f)Black 'No I lispallic kisabled PART11. USE,A SETA IZATE S1 I EETO F PAP E It FOR ANY' EXPLAN ATI ON S IZ EQU I IIING N]ORE SPAC,I-'- Is art Assurance of Compliance on file with the Department? If NA or NO, NA YFS NO 6. explain. 7. Compare the staff composition to the population. Is staff representative of the population? If NA or NO,explain. NA NTS NO 0 6 8. Are eligibility requirements for services applied to clients and applicants WithOrlt regard to race, color, NA YES NO national origin, sex,age,religion or disability? If NA or NO,explain. 0 El Page 55 of 72 2094 RP-21293 9. Arc al I be nelits.services and I ki I it ies a.M a i lab I c to applicants and pll Ii Wants in an equal Iy eff'ectke manner regard I ess,o frace, sex, color. age,national origin, religion or disability? NA_YES NO IfNA or NO,explain. 10, l'or in-patient set-vices,are room assignments made without regard to race,color,national origin or disability? NA/ YFS_NO If NA or NO, explain, — vqe do nv+ vvovf�,Ae Serycies I I. Is the prograni/facility accessible to non-English speaking clients'? If NA or NO,explain. 12. Are employees,applicants L I participants jilforrned ofthe'l,protection against discrimination? If yes, how? Verbal applicants � Poster 71 fNA or NO, explain, �j Cs 13. Give the number and Current status of any discrimination complaints regarding services or employment filed against the prograrn/facillity, 1.4. Is the 7 ogram/facility physically accessible to mobility, hearing, and sight-impaired individuals? NA_ Y I" NO If NA or NO,explain. PARTIlL "DIE FOLLOWING QUESTIONS AITINTO PROGRAMS AND FACILITIE�S NVIT11 IS OR MORE EMPLOYEES 15. Has a selfevaluation been conducted to identify any barriers to serving disabled individuals,and to make any necessary modifications"? If NO, explain. 16. Is there an esta�Xshed grievance procedure that incorporates due process in the resolution of complaints" Y _NO,---- If NO,explain. Page 56 of 72 2095 RP-21293 17. Has a person been designated to coordinate Section 504 compliance activities? YFS�NIO_ If NO,explain. l 8. Do recruitment and notificatioji materials advise applicants, employees and participants of nondiscrimination on the basis of disability?If NO, explain. 19. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? Yl,,SA'O _If NO,explain. PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000 OR MORE. 20, Do you have a written affirmative action plan'? YES ' NO If NO,explain, -—--—------------------------------------------------------------------------- Page 57 of 72 2096 RP-2129.3 Alliance USE ONLY Reviewed By Ill Compliance: YES C3 NO* 0 Program Offwe *Notice ot'Corrcclivc Action Sent Date Teleplione Response Due On-site 0 Desk Review 11 Response Rcceiwd INSTRUCTIONS FOR,rHE;CIVIL RIG11TS COMPLIANCE CHECKLIST I. Describe the geographic service area such as a district,county,city or other locality. If the program/facility serves a specific target population Such as adolescents, describe the target population, Also, (fertile the type of service provided. 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 can be obtained From local chambers of commerce, libraries,or any publication from the 1980 Census containing Florida population statistics, Include the source of your population statistics,("Other"races include AsianTacific Islanders and American Indian/Alaskan Natives.) 3, Enter the total number of full-time staffarid their percent by race, sex and disability. Include the effective date Of YOLW Sttlllular)'. 4. Enter the total nuiliber of clients who are enrolled, registered or currently served by the prograrn or facility, and list their percent by race,sex and disability. Include the data;that enrollment was counted, 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have oil file all assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for Department recipients and their sub-grantees,45 C1`R 80.4(a). 7. is the race, sex, and national origin of the staff reflective ofthe general population`.' For exatliple, if' 101"o of the population is Hispanic, is there a comparable percentage of Hispanic staff? 8. Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in the Population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations SUCII as elderly or disabled persons, 45 CFR 803 (b)(6). 9. Do eligibility requirements Unlawfully exclude persons in protected groups from the provision of services or eniployment? Evidence of such may be indicated in staff and client representation((questions 3 and 4)and also through on-site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a)and 45 CFR 80.1 (b)(2). 10. Participants or clients Must be provided services such as medical, nursing and dental care, laboratory services,, Page 58 of 72 2097 RP'-2129.3 physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race,sex,color,national origin,religion, age or disability. Entrances, waiting roorns,reception areas,restroorns and other facilities Must also be equally available to all clients,45 CFR 80.3 (b). 11, For in-patient services,residents must be assigned to rooms,wards,etc.,without regard to race,color,national origin or disability.Also,residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin,or disability,45 CFR 8,0.3 (a). 12. The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of iron-English speaking people live, program accessibility may include the employment of bilingual staff, In other areas, it is sufficient to have a policy,or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services,45 CFR 80.3 (a). 13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This Should include information on their right to rile a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Deparinlent of I IHS.'File information may be Supplied verbally or in writing to every individual or may be supplied through the use ofan equal opportunity policy poster displayed in a public area of the facility,45 CFR 80,6 (d). 14. Report number of discrimination complaints filed against the program/facility. Indicate the basis,e.g.,race,color, creed, sex, age, national origin, disab�ility, retaliation; the issues involved, e,g,, services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state or federal agency with whom the complaint has been filed. Indicate the current status,e.g., settled,no reasonable cause found, failure to conciliate, failure to cooperate,under review,etc. 15. The program/facility must be physically accessible to disabled individuals, Physical accessibility includes designated parking areas,Curb Cuts Or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooins, recreation areas, counters and serving lines Should be observed for accessibility. Elevators should be observed to]-door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of tile Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self-evaluation to identify any accessibility barriers, Self-evaluation is a FOUr-step process: With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504, Modify policies and Practices that do not meet Section 50�4 requirements. ' ake remedial steps to eliminate any discrimination that has been identified. • Maintain self-evalUation on file. (This checklist may be used to satisfy this requirement if these four steps,have been followed.),45 CFR 84.6. 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504,45 CFR 84.7(b), M Programs or facilities that employ 15 Or more persons must designate at least one person to coordinate efforts to comply with Section 50�4.45 CFR 84.7(a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination oil the basis of'disability.,This includes recruitment material,notices for hearings,newspaper Page 59 of 72 2098 RP-21293 ads,and other appropriate written communication,45 CFR 84.8(a). 20, Programs/facilities that employ 15 or more persons ITILISt provide appropriate auxilimy aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not hillited to, interpreters For hearing impaired individuaBs,taped or Braille materials,or any alternative resources that call be used to provide equally effective set-vices,(45 CFR 84.52(d), 21. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implernent and maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 6(1 and Title VQ of the Civil Rights Act of 1964,as amended. Page 60 of 72 2099 RP'-2129.3 ATTACHMENI'D DEPARTMENT OF ELDER AFFAIRS BACKGROUND SCREENING ATTESTATION �OF COMPLIANCE - EMPLOYER AITTHORM: ALL EMPLOYERS are required to anuualh,- submit this farm aftesting to comphance with the provisions of chapter 435 and section 42�0.0402 of the Florid.i Sfiitutes, ..........-- ...... --------- Me term"'employee'ureazz any person or entity required by law to conduct backp-ound sereertings,ineltuhng but nol limited to,Area Agencies on Apn&"Agmg and Disability Resew ce Centers,,Lead Agencies,and Senkwe Irrfmiders that cantrac t directly or indirectly urith ffie Department of Elder Affarrs(DOEA),and airy other person or entity wluch huef,employees ca has voluabeevi in se-nice who meet the deflintion of distef service provider, See 5§435 02,430 0402,Fla-Stat A direct service provider in "a person 18,years of age or older who,pinmiant to a pro:Vram to pw(nride wxvices to the elderly,Ln direct, face-to-face contact with a eLwnt%visile prosiding nev6ces to the client and has access to the client's li-v ing areaa,fiurds,personal property,or persmiad identifitation infomiatton as defined m S. 817.56,8, The term also includes,Init is not limited to,the administrator or a suanlaxly titled person who is responsible for the dap'-to-day operatioua of the pry rdei,the finAwial officer or sunrlarly titled person who is respama'ble for the financial operations, of the pyrovider, coardinators, managers, and supervisors of residential facilities:, and voliurteers,and any other,person seeking employment with a provider who is expected to,or whose responsibilities may require him or her to,prorpide pew onal care orsery ice i directly to dents as haw v access to client finith, financtal matters,legal matters,persomal property,or hving areas 430.04CQ(1)6),Fla Stat. (2023) ATTFSTATION A I As the duly author nzed representative of Kci%( (Name of Empl(ryer) 117" f.-, Located at lt"2-2614�w 14"!st, FL -5-5 Street aildregs city "—Ijate I I - Zip Code Under penalty of peTjwy (Nine ofR4mentative) hereby swear oir affirm that tits above-named employer is in,conTliance with the provisions of chapter 25 and sect 430,04-02 of the Florida Statutes,regarding level 2 backgrotmd screening 04�resentatve Date ..........---........... ................. ............ .......................... ...... DOEAFo=2,3,5,AnesmtionatComphmce-Emp�ayer,,Effectivekily 1,2023.F.S. Form available Page 61 of 72 2100 RP-21293 ATTACHMENT F Alliance for Aging, Inc. Business Associate Agreement This BLISiness Associate Agreement is dated I 1A oa") , by the Alliance for Aging, Inc. ("Covered Entity") and Monroe County Board of County Commissi ners,Social Services/In-Home Services,("Business Associate"), a not- for-profit Florida corporation, 1.0 Background. 1.1 Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the Use of Protected Health Information (PI-IT). 1.2 Covered Entity recognizes the requirements of the I lealth Insurance Portability and Accountability Act of 1996 (HIPAA)and has indicated its intent to comply in the County's Policies and Procedures. 13 FIIPAA regulations establish specific conditions on when and how covered entities may share information with Providers who perftwiri functions for the Covered Entity, 1.4 HIPAA requires the Covered Entity and the Business Associate to enter into a contract or agreement containing Specific requirements to protect the confidentiality and security of patients' PI-11,as set forth in,but not limited to the Code of Federal Regulations (C.F.R.),specifically 45 CTR §§ 164J02(c), 164.504(c), 164.308(b)�, and 164.314(a- b)(20 10)(as may apply)and contained in this agreement. 1.5 The Health frif'orniation Technology for Economic and Clinical Health Act (2009), the American Recovery and Reinvestment Act(2009)and Part I—Improved Privacy Provisions and Security provisions located at 42 United States Code(U.S.C.)§§ 17931 and 17934(20 10) require business associates of covered entities to comply Nvith the 1-1 IPAA Security Rule,as set forth in, Nit not limited to 45 C.1".R.§§ 164.30,8, 164.3 10, 164,3 12,and 164.316(2009)and such sections shall apply to a business associate of a covered entity in the same manner that such sections apifly to the covered entity. The parties therefore agree as follmvs: 2.0 Definitions. For purposes of this agreement,the following definitions apply: 2.1 Access. 'Elie ability or the means necessary to read, write, niodify,or communicate data/inforniation or otherwise use any system resource. 2.2 Administrative Safeguards. 'Elie administrative actions, and policies and procedures, to nianage the selection, development, implementation, and maintenance of security measures 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 information. 2.3 ARRA. The American Recovery and Reinvestment Act(2009) 2A Authentication. The corroboration that a person is the one claimed. 2.5 Availability. The property that data or information is,accessible and useable upon demand by an authorized person. 2,6 Breach. The unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information, 2.7 Compromises the Security. Posing a significant risk of financial,repotational,or other harm to individuals, 2.8 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons of, processes. Page 62 of 72 2101 RP-2129.3 2,9 Electronic Protected tlealtb Information (ePl­l I). Health information as specified in 45 CFR §160.103(1)(j)or (I)(it), limited to the information created or received by Business Associate from or on behalf of Covered Entity. 2.10 "ITECIL The Health Information 'Technology for Economic and Clinical I lealth Act(2009) 2.1 f Information System. An interconnected set of information resources Under the same direct management control that shares common functionality. A systems normally includes hardware,software, information,data,applications, communications, and people. 2.12 Integrity. The Property that data or information have not been altered or destroyed in ,in unauthorized manner, 2.13 Malicious software, Software, forexample,a virus, designed to damage Or disrupts a system. 2.14 Part I. Part I—briproved Privacy Provisions and Security provisions located at 42 United States Code(U.S.C.)§§ 17931 and 17934(20 10). 115 Password, Confidential authentication information composed of a string of characters. 2.16 Physical Safeguards. The physical measures, policies, and procedures to protect a covered entity's electronic information systems and related buildings and equipment, from natural and environmental hazards, and unauthorized intrusion, 2.17 Privacy Rule, The Standards for Privacy offridividually Identifiable Health Information at 45 CTR Pail 160 and Part 164,subparts A and E. 2.18 Protected Health Information (PI-11). Health information as defined in 45 CFR §160,103, limited to the iril'orniation created or received by Business Associate from or on behalf'ofCoveredEntity. 2.19 Required By Law. Flas the same meaning as the term"'required by law"in 45 CFR§ 164,103. 120 Secretary.The Secretary of the Department of Health and Human Services or his or her designee, 2.21 Security incident, 7,he attempted or Successful Unauthorized access, use, disclosure, modification, or deStrrAdi011 of information or interference with system operations in an information systern. 2.22 Security or Security measures, All of the administrative, physical, and technical safeguards in all information system. 2.23 Security Rule.The Security Standards for the protection of Electronic Protected Health Inforniation,at 45 CFR part 164,subpart C,and amendments thereto. 2,24 Technical Safeguards, The technology and the policy and procedures fear its use that protect electronic protected health information and control access to it, 2,25 Unsecured PUll, Protected health information that is not secured through the use of technology or methodology specified by the Secretary in guidance issued under 42, U.S.C. section 1 7932(h)(2). 2.26 All other ternIS used, but not otherwise defined, in this Agreement shall have the sarne meaning as those ter-ills in the Privacy Rule. 3.0. Obligations and Activities of Business Associate. 3.1 Business Associate agrees to not use or disclose PHI other than as permitted or required by this agreement or as Required by Law. Page 63 of 72 2102 RP-21293 3.2 Business Associate agrees to: (a) Implement policies and procedures to Prevent,, detect, contain and correct Security violations in accordance with 45 CFR § 164306; (b) Prevent use or disclosure of the P1 11 other than as provided for by this Agreement or as required by law; (c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that the Business Associate creates, receives, maintains,or transmits can behalf of the Covered Entity; and (d) Comply with the Security Rule requirements including the Administrative Safeguards, physical Safeguards, Technical Safeguards, and policies all([ procedures and documentation requirements set forth in 45 CFR §§ 164.308, 164.3 10, 164312,and 164.3 16. 33 Business Associate agrees to mitigate, to the extent Practicable, any harmful effect that is known to Business Associate of a use or disclosure Of PI-11 by Business Associate in violation of the requirements of this Agreement, 3.4 Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement ol'which it becomes aware.This includes any requests for inspection,copying or amendment of such information and including any Security incident involving PI H. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any, individual whose Unsecured PHI has been, or is reasonably believed by the Business Associate to have been,accessed, acquired,or disclosed during Such Security breach; and (b) All information required for the iVolice to the Sect,owny (#'1111S ql'Breach (?f Unsecurecl Profecle(]lIealth 11 7 fr)rn till i on. 16 Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of'Covered Entity,agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such infonnation, 33 If Business Associate has PI-11 in a Designated Record Set: (a) Business Associate agrees to provide access,at the request of Covered Entity during regular business hours, to PHI in a Designated Record Set,to Cowered Entity or, as directed by Covered Entity,to an individual in order to ruCet the requirements under 45 CFR§164.524; and (b) Business Associate agrees to make any arnendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or at Individual within 10 business days of receiving the request, M Business Associate agrees to make internal Practices, books, and records, including policies and procedures and PHI,relating to the use and disclosure of PI It received from,or created or received by Business Associate on behalf of Covered Entity, available to the Covered Entity or to the Secretary upon request of either party for purposes of determining Covered Entity's compliance with the Privacy Rule, 3.9 Business Associate agrees to doCtlulCut Such disclosures of PHI and information related to such diSCIOSLires as would be required for Covered Entity to respond to a request by an individual for all accounting of disclosures of PI-11 in accordance with 45 CFR § 164,528. 3.10 Business Associate agrees to provide to Covered Entity or an individual, upon re(lUest, information collected to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528 and ARRA § 11404. II I Business Associate specifically agrees to use security measures that reasonably and appropriately protect the confidentiality, integrity,and availability ofPl-ll in,electronic or any other form,that it creates,receives,maintains, or transmits on behalf of the Covered Entity. Page 64 of 72 2103 RP-2129-3 3.12 Business,Associate agrees to implement security measures to secure passwords used to access ePHI that it accesses, maintains, or transmits as part of this Agreement from rnaliCiOLIS software and other man-made and natural vulnerabilities to assure the availability, integrity, and confidentiality of such information, 3,13 Business Associate agrees to implement Security measures to safeguard ePHI that it accesses,maintains,or transmits as, part of this agreement from malicious software and other man-made and natural Vulnerabilities to assure the availability, integrity, and confidentiality of such information, 3.14 Business Associate agrees to comply with: (a) ARRA § 13404(Application of Knowledge Elements Associated with Contracts); (b) ARRA § 13405(Restrictions oil Certain DisclOSUres and Sales of Health Information); and (e) ARRA § 1340�6(Conditions on Certain Contacts as Part of Health Care Operations). 4.0 Permitted Uses and Disclosures by Business Associate, Except as othenvise limited in this Agreement or any related agreement, Business Associate may use or disclose PI-11 to perform functions, activities, or services For, or oil behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or diSCIOSUre Would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of tile Covered Entity. 5.0 Specific Ilse and Disclosure Provisions. 5,1 Except as otherwise litnited in this agreement or any related agreement, Business Associate may use Pill for the proper nianagernent and administration of the Business Associate or to carry out the legal responsibilities of the 1� Business Associate. 52 Except as otherwise limited in this agreement or any related agreement, Business Associate may disclose PHI for tile proper management and administration of tile Business Associate, provided that disclosures are Required By L,aw, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it %vill remain confidential and used or ful-ther disclosed only as Required By Law or for the Purpose to]-which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality offlic information has been breached, 5.3 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 ("FR. §164.504(e)(2)(i)(B),only when specifically authorized by overed Entity. 54 Business Associate may, use PI 11 to report violations of law to appropriate Federal and State authorities,,consistent with 45(r I,FR§164.5020)(1 6.0 Obligations of Covered Entity. 6,1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR§ 164.520,to the extent that such limitation may affect Business Associate's use or disclosure of PHI, by providing a copy of the most current Notice of Privacy Practices (NPP) to Business Associate. Future Notices and/or modifications to the NPP shall be posted on Covered Entity's website at 62 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PI I I that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that Such restriction may affect Business Associate's use or disclosure of Pill, 7.0 Permissible Requests by Covered Entity. Except for data aggregation or nianagernent and administrative activities of Business Associate,Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. Page 65 of 72 2104 RP-2129.3 8,0 Effective Date and Termination. 8.1 The Pat-ties 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: (a) These Business Associate Agreement provisions,, with the exception of the electronic security provisions and the provisions mandated by ARRA, HITECH and Part I shall be effective upon tile later of April 14, 2003, or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of Pill; (b) Tile electronic Security provisions hereof shall be effective the later of April 21, 2005 or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI; and (c) Provisions hereof mandated by ARRA, f IffECI I and/or Part I shall be effective the later of ebrUary 17,2010 or the effective date of the earliest contract entered into between covered entity and business associate that involves the use of PHI or ePFIL 8,2 'Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate,Covered Entity shall either: (a) Provide all opportunity for Business Associate to cure the breach or end tile violation and terminate this agreement if Business Associate does not Cure tile breach or end the violation within die time specified by Covered Entity; (b) Ininiediately terminate this agreement il"Business Associate has breached a material term of this Agreement and cure is not possible; or (c) If neither termination nor cure is feasible,Covered Entity shall report the violation to the Secretary. 8.3 Effect of'Fermination. Except as provide(] in subparagraph(b)of this section, upon termination of this agreement, for any reason,Business Associate shall return all Pill and el"I 11 received from Covered Entity or created or received I by Business Associate oil behalf of Covered Entity, (a) This provision shall apply to PI It and ePHI that is in the possession of subcontractors or agents of'Business Associate, BLISiness,Associate shall retain no copies of the PI-11 and ePHL (b) In the event that Business Associate or Covered Entity determines that returning the PHI or ePHI is infeasible, notification of the conditions that make return of PI-11 or ePHI infeasible shall be provided to the other party. Business Associate shall extend the protections of this Agreement to such retained 1111-11 and ePHI and limit further uses and disclosures of such retained PHI and ePHI,for a minimum of six years and so long as Business Associate maintains such PI-11 and ePI 11,but no less than six(6)years after the termination of this agreement. 9.0 Regulatory References. A reference in this agreement to a section in the Privacy Rule or Security RUIC means tile section then in effect or as may be amended in the future. 10.01 Amendment. The Parties agree to take such action as is necessary to amend this agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule, the Security Rule and the Health Insurance Portability,and Accountability Act of 1996, Pub. L.No. 104-19 1. 11.0 Survival. Any term,condition,covenant or obligation which requires perforitiance by either party hereto subsequent to the termination of this agreement shall remain enforceable against such party subsequent to such termination. 12.0 Interpretation. Any'ambiguity in this agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and Security Rule. Page 66 of 72 2105 RP-21293 13.0 1 tic orporatiron by reference, Airy future nciv requirement(s),c I iianges err delctioll(s)cnacled in federa I I avv N%hich create new or different obligations with respect to I IIPAA privacy and/or security, shall be automatically incotpormed by reference to 11lis Business Associate Agreement on the respective effective date(s), 14.0 Notices, All notices I and communications rccluired, necessary or desired to be given pursuant to this agreement, including a change of address fbr purposes of such notices and communications, shall be in writing and delivered personally to the oilier pearly or seml by express 24-1wour guaranteed courier or delivery service,or by certified mail of' the United States Postal Service,postage prepaid and return receipt requested, addressed to the other party as, fbilows (or to such other place as any parly may by notice to the otbers specify): T(�)Covered Flflity: Alliance for Aging, file, Almition: klm Rollintan 760 NW 107 A vctille Miami, Florida.13 172 To Business Associate: Morvoc County Board of0iAllity Commissiciners,Social Services/In-1 lome Services, f 100 Simonton Street,2""Hoor Key 'Vest, FL 3"1040 Any such notice shall be deerned delivered upon actual receipl, ll'ally licuice carillim be ddivered or delivery thereofis refused, delivery Nvill be deenied to have occurred oil lhe date such delivery kvas attemple(t 15,0 Governing La%,, 'I lie laws ol'the State of Florida, iVidlk)Lll giving cfibct to principles of'contlicl of'laws, gmern all Inallers arising under this agreeluent, 16,0 Severability. If any provision in this agreement is unctil'6rceable to any extern, the remainder of this agreement. or application ofAllat provision to ally fact-sons or Circumstances other than those as lair which it is held onerifimeabIe,will not by affecled by that unentinveabilily and MH be enforceable to the fullest extern pennitted by law I O Successors. Any successor to Business Associate(whelhcr by direct or indirect or by purchase, nierger,consolida6',ni, or otherwise)is required to assurne Business Associate's obligations under this agreeinent and agree to perforin there in the same manner and it) llic same extent that Business Associate would have been required [(-a ifflial succession had not taken place 'I his assumption by the successor ol'the Business Associate's obligations shall be by written agreement satisfimor y to Covered F'ritily. 1 fC.tr Entire Agrevinent. 'Uhis,agreement constitutes the entire le HgrMuCllt of thC parties 1`01fliflg to the subject im mer of chi w a all other oral m- r itten agreements or policies rela ting thervi o, except thal thisagreellient givernew and supersedes does no( limit the mliendurent of this agi-cement in accordance with Section 10.0 ofthis agreement. Covered Eltitity: Alliance for Ag,ing,Inc, fly: Date: Oct 3, 2023 (signature) Business Associate: Monroe County Board ofCounity Commissioners,Social Services/111-11colle Services 11 Y: Daie� (signature) SIGNED BV: NAME: TITLE: MAVOR Page 67 of 72 DATE: 2106 RP-2129-3 ATTACHMENTC Alliance for Aging, Inc. Aging and Disability ReSOLHTe Center/Elder Flelpline AGING AND DISABILITY RESOURCE CENTER (ADRC)—OUTSOURCED FUNCTIONS I. If applicable, the provider agrees to the following: A. Perform ADRC outsourced functions in accordance with the Alliance's policies and procedures, i. Policies and Procedl,11'CS for 010SOUrced Function-Screening ii. Policies and Procedures for OLASOUrced Function-Triage iii. Policies and Procedures for Activation from Waitlist- Client Services iv. Policies and Procedures for Termination from Waitlist- Client Services B. Maintain wait lists in CIRTS in accordance with Department requirements. C. Adhere to prioritization and targeting policy as set forth in the DOEA Programs and Services Handbook, as applicable. D. Ensure the Provider's Disaster Plan reflects ADRC Outsourced Functions, annually or as needed to incorporate ADRC OUtSOurced functions, E. Ensure against conflicts of interest and inappropriate self-referrals by referring COIISLI111el'S in need Of Options COLIJISCling or long-term care services beyond the provider's scope of services, to the Aging and Disability Resource Center. F. Ensure that services provided are in the clients' best interest, are the most cost effective, of high duality, and are responsive and appropriate to the assessed needs. The Assessed Priority Consumer List (APCL) is maintained when services funded by the Department are [lot available, Contracted Providers of registered services for Local Set-vices Program (LSP) and Older Americans Act (OAA) and ARP nitist maintain waiting lists in the CIRTS database for registered services When funding is not available. Page 68 of 72 2107 RP-2129.3 Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline Policy and Procedure for Outsourced function—Screening Creation Date: March 5, 2008 Revision Date: October 2019 Review Date: October 2019 Objective: To ensure that a comprehensive list of clients in need of services is maintained in CIRTS by appropriate finding source and that the ADM is thereby able to effectively gauge the level of cider service need in Mianii-Dade and Monroe Counties. Policy: To obtain necessary information from clients in order to assist in determining level of need and eligibility for registered services funded through OAA and LSP and ARP programs, Procedure: I. Providers will collect information fi-orn callers and conduct a 701S assessment. Alternatively, if a 701 A(B)assessment already exists or is provided 1ront,another Provider the information from the 701 B can be utilized. 2. 'File Provider will determine the services needed and the appropriate I'Linding sources) 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 Helpline, as well as, to other contracted Providers and community organizations,. 3. '['lie caller will be provided with general information regarding the ADRC as well as the ADRC Elder fielpline contact number. 4. The caller will be informed ofthe services and funding sources that they care being placed on the wait list for in CIRTS. 5. For non-case managed programs, the Provider will create a client record in, CIR'rs (if there is no existing record) and enter the services needed for the caller by funding source and set-vice. [If there is an existing record in CIRTS, the appropriate fields will be updated], 6. 1['the Provider determines that the caller ttlay qualify for more than one program for which the Provider- is funded, the Provider is encouraged to enter the appropriate information under InUhiple 11111ding sources. if there is all existing client record in CIRTS, the client record in CIRTS will be updated with, appropriate information I. T The Provider will inibrin caller that they will receive an annual re-assessment based on Department Wait List Reassessment Standards and encourage caller to contact the ADRC Elder Helpline with any questions. Page 69 of 72 2108 RP-21293 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Outsourced function- Triage Creation Date: March 5, 2(108 Revision Date: October 2019 Review Date: October 2019 Objective: To ensure that clients in need of Department funded services receive services based on the highest level of need, first, as funding becomes available. Policy: To assist clients in obtaining Department funded services as funding becomes available, based on level of need as determined by a CIRTS priority score. Procedure: I, The Provider will conduct annual reassessments based on Department Wait List Reassessment Standards. 2. If there is 110 Current 70]A or B in CIRTS, the Provider will conduct the annual reassessment (701 s) as appropriate, used on the information provided via the 70 1 S/A(B) assessment, the Provider Nvill update the client information in CIRTS specifically as it pertains to level of need Im services by funding source. 3. The Provider will ensure that the URTS prioritizinion score is accurately maintained, according to Department Standards, If a significant change has Occurred prior to the annual re-screening, the Provider must re-screen. Definitions and examples or significant change are documented in the DOFA Programs & Services Manual Chapter 2. 4. If the caller is in need of a service(s) that is not provided by the Provider, the Provider will refer caller to the ADRC Elder Flelpline, as well as, to other contracted Providers and community organizations, "I'lle caller will be informed of the set-vices and funding SOUNCS that the %vait list for and/or have been removed from the wait list for. 5 The Provider will remind client of the ADRC Elder I lelp, Line contact number and to contact the ADRC Eider Help Line with any questions or concerns. 6. As funding becomes available, the Provider NviII run CIRTS Prioritization Report and activate clients according to Department Standards (refer to ADRC Client Activation Policies and Procedures). The Contracted Provider Nvill apply targeting criteria, as appropriate,to prioritized clients to ensure activations meet programmatic requirements, Page 70 of 72 2109 RP-21293 Alliance for Aging, Inc. Aging and Disability Resource Center/Elder nelpline Policy and Procedure for Activation from Wait List—Clients/Services Creation Date: March 5,2008 Revision Date: October 2019 Review Date: October 2019, Objective: To ensure that elders in need ofDepartment funded set-vices in Miami-Dade and Monroe Counties and oil the CIRTS wait list begin to receive set-vices as funding beeonles available. Policy: ADRC will work with Providers to ensure that clients waiting for Department funded services begin to receive those services as funding becomes available. Procedure: 1. The. Provider will activate clients oil CIRTS wait list based on Department prioritization polices and funding availability, 2. The Provider will update CIRTS status by funding source and service for any services being activated for the client using appropriate CIRTS codes, 3. Client may be left oil wait list of a different funding Source than the one being activated if the Provider dCterrnilleS that it is appropriate. 4 Client rnay also be left on wait list in,CIRTS ifthey are being activated by the Provider Linder a ternporary non-Department funding source and the Provider determines that the client's need will persist after the ternporary funding source is exhausted. 5. The Provider will inform the client of any services/funding source that they are being activated for as well as those services and funding sources that they will C011tillUe to be wait listed for. 6, The Provider will inform client to contact tile ADRC Uder 11elpline if they have any qUCSti0IIS Or Concerns regarding the status,of any of their set-vices. Page 71 of 72 2110 RP-2129.3 Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline Policy and Procedure for Termination from Wait List—Clients/Services Creation Date: March 5, 2008 Revision Date: October 2019 Review Date: October 2019 Objective: 'TO ensure that the comprehensive list of clients in need of services in CIRTS is appropriately maintained by funding source and that the A DRC is thereby able to effectively gauge the Current level ofelder service need in Miami-Dade and M0IIr0C Counties. Policy: ADRC will maintain an accurate and Current list of clients in need ofelder services in Miarni-Dade and Monroe Counties with the assistance of the ADRC Contracted Providers. Procedure: 1. The Provider will re-screen clients,which they Provider initially placed on the CIRTS wait list for services based on Department 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 (ix, active/pending) 3. The Provider will determine if the client is no longer in need(or eligible) for any,of the services they were wait-fisted for. T. The Provider will ten-ninate the client firorn the wait list (entirely or by specific service) using the appropriate CIRTS termination code for any services or funding Source for ANhich the client is determined to no longer be eligible for or no longer in need of, 5, The Provider Nvill inform the client of any services/funding SOLffCe that they are being removed from the wait list for. 6. "fhe Provider will inform client of their ability to be re-added, to the wait list if their level of need Should change. 7. The Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding their wait list Status, & Reference DOEA Programs and Services I landbook as applicable. Page 72 of 72 2111