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Item C13 C13 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting January 15, 2025 Agenda Item Number: C 13 2023-3509 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham N/A AGENDA ITEM WORDING: Ratification of Contract#AA2529 between the Alliance for Aging, Inc. ("Alliance") and Monroe County Board of County Commissioners that reflects a new grant agreement for the period of 01/01/2025 to 12/31/2025 and provides an award in the amount of $719,281.00 sourced from Older Americans Act funding. This ratification is made retroactively effective as of January 1, 2025. ITEM BACKGROUND: The Older Americans Act(OAA)program funding supports Monroe County's Social Services In-Home and Nutrition Programs. The primary purpose is to provide coordinated in-home and supportive systems to older individuals and their caregivers so they may attain and maintain maximum independence within their homes and in the community. These life sustaining services prevent premature nursing home or assisted living placement, and/or death, and improve the quality of life for older individuals and their family members throughout Monroe County.A] grant funding is made available to the County on a reimbursement basis pursuant to OAA Contract#AA-2529, and such funding is non-reoccurring and may only be used during the contract term. The County must provide a match of at least 10% of the cost for services funded through the contract, except for OAA Title IIID (Disease Prevention and Health Promotion Services). PREVIOUS RELEVANT BOCC ACTION: This a new grant agreement covering calendar year 2025. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval DOCUMENTATION: 454 Monroe AA 2529 Contract - Cnty Legal Apprd 12.27.24.pdf FINANCIAL IMPACT: $719, 281.00 for cost centers 125-6153025, 125-6154125, 125-6154225, 125-6153425 The County must provide a match of at least 10% of the cost for services funded through the contract, except for OAA Title IIID(Disease Prevention and Health Promotion Services). 455 to LO Contract Number AA2529 ALLIANCE FOR AGING, INC. STANDARD CONTRACT OLDER AMERICANS ACT THIS CONTRACT is entered into between the Alliance for Aging,Inc.,hereinafter referred to as the"Alliance,"and Monroe County Board of County Commissioners, Social Services/ln-Home Services, hereinafter referred to as the "Provider", and collectively referred to as the"Parties." The to contractor for this purpose may designate a vendor,sub-grantee or sub-recipient, the status to be further identified in Arl-ACHMENT 11, Exhibit-2 as necessary. WITNESSETH THAT: WHEREAS,the Alliance has established through the Area Plan on Aging that it is in need of certain services as described herein; and WHEREAS, the Provider has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent contractor of the Alliance. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth,the Parties agree as follows: 1® Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits which constitute the contract document. 2. Incorporation of Documents within the Contract This contract incorporates by reference attachments,proposals), Provider's Service Provider Application, and the current DOEA Programs and Services Handbook (the "Handbook"). Any and all contracts or agreements executed between the Provider and the Alliance during the effective period of this contract shall be governed in accordance with the applicable laws and statutes. 3. Term of Contract This contract shall begin on January 1,2025,or on the date on which the contract has been signed by the last party required to sign it,whichever is later. It shall end at midnight,local time in Miami, Florida,on December 31,2025,unless renewed or extended as provided herein. 4. Contract Amount The Alliance agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed 7 ,2 1. subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals By mutual agreement of the parties, the Alliance may renew the contract for five additional one-year periods. Contingent upon satisfactory performance evaluations by the Alliance and the availability of funds. Any renewal is subject to the same terms as the original contract, and any amendments, with the exception of establishing unit rates which is described further in this section. The original contractual unit rates are set forth in the bid proposal and reply. Requests to change the original contractual established rates are provided for in Attachment 1. Section IV.G of this contract. This contract may be extended upon mutual agreement for one extension period not to exceed six months to ensure continuity of service. Services provided under this extension will be paid for out of the succeeding agreement amount. 6. Compliance with Federal Law 6.1 This contract contains federal funds. The following shall apply: 6.1.1 The Provider shall comply with the provisions of 45 CFR 74 an&or 45 CFI 92, and other applicable regulations. Page 1 of 72 LO Contract Number AA2529 6�12 If this contract contains federal hmdm and im over$|00,O8O.O8,the Provider shall onmpk/ with all applicable standards,orders,nr regulations issued under u.3O6o[the Clean Air Act am amended(420�SI. 740|,etyc4.), s.5O8o the Federal Water Pollution Control Act om amended(]3U.S.C. }25|,otacqJ,Executive Order|>738, am amended, and vvhemr applicable Environmental Protection Agency regulations 40CFK30. The Provider shall report any violations o[the above(o the Alliance. 6.1] The Provider,or agent acting for the Provider,may not use any federal funds received in connection with this contract to influence legislation or appropriations pending bc0on: the Congress orany State legislature. The Provider must complete all dimo|oxunr forms as required, specifically the Certification of Assurances Attachment,which must 6ccompleted and returned with this signed contract. 6.1.4 In accordance with Appendix A to2CFK2|5, the Provider shu|) comply with Executive Order 11246` 2qunl Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department m[Labor regulation 4| CPR6O aod45 [PK92, if applicable. 6.1.5 A contract award with an amount expected to equal or exceed $25,000.80 and certain other contract awards shall not bn made uoparties listed onthe government-wide Excluded Parties List System, in accordance with the OMB Qoidc|iacs at 2 CFK 100 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order |2549. The Provider shall comply with these provisions before doing business or entering into subcontracts receiving Q:dcm| funds pursuant tothis contract. The Provider shall complete and sign the Certification and Assurances Attachment prior to execution of this contract. 62 The Provider shall no, employ an unauthorized alien. The &||im*oe shall consider the employment of unauthorized aliens a violation o[the Immigration and Nationality Aot(B U.S.C. |324u) and the Immigration Reform and Control Act of|986(OU.S.C. l|O|). Such a violation shall be cause for unilateral cancellation of this contract by the Alliance. 83 If the Provider is m non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements(filing m Form 990 or Form 998-Y4)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 iowriting within thirty(30)days of receiving the IRS notice nyrevocation. 6.4 The Provider shall comply with Title 2 CPR Part 175 regarding Trafficking in Persons. 6.5 Un|cma exempt under 2 CPR Part 170.1 10(6), the Provider shall comply with the reporting requirements of the Transparency Act nm expressed in2CFR |7O. 6�6 To comply with Presidential Executive Order |29O9 and State ofFlorida Executive Order Number |l-||6, Provider agrees to utilize the U.S. Department ofHomeland Security's E-verifymystzm to verify the employment of all new employees hired by Provider during the contract temn. Provider shall include in related subcontracts a requirement that subcontractors end/prvendom performing work or providing services pursuant to the state contract utilize the E-verify system to verify employmentof all new employees hired by the subcontractor and/or vendor during the contract term. Providers meeting the terms and conditions o[the G-Verity System are decmedtobeincompliance with this provision. 7. Compliance with State Lnvv 7.1. This contract is executed and entered into in the State of Florida, and shall be construed,performed and enforced in all n:symots in accordance with Florida law, including Florida provisions for conflict m[laws. 7.2. The Provider shall comply with the requirements of s.287.058,Florida Statutes("IF.S.")as amended. 72.1. The Provider mhoU provide units oyddivcmb|em` including reporting, findings, and drafts,as specified in this contract,which the Contract Manager must receive and accept in writing prior to payment. 7.2.2. The Provider ahmU comply with the criteria and final duvc by which Such criteria must be met for completion of this contract am specified in /\TT/\CB&4GNT i Section |||. Method of Payment. 72.3. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and pmy(-auJit. Page 2of72 00 LO Contract Number AA2529 7.2.4. If itemized payment for travel expenses is permitted in this contract,the Provider will Submit bills for any travel expenses in accordance with s. 1 1106 1, F.S.,or at such lower rates as may be provided in this contract. 7.2.5. The Provider shall allow public access to all documents, papers, letters,or other public records as defined in subsection 119.0 11(l 2), F.S., made or received by the Provider in conjunction with this contract except for those records which are made confidential or exempt by law. The Provider's refusal to comply with this provision shall constitute an immediate breach of contract for which the Alliance may unilaterally terminate the contract. 7.3. If clients are to be transported under this contract,the Provider shall comply with the provisions of Chapter 427,F.S., and Rule 41-2,Florida Administrative Code("F. A.C."). 7.4 Subcontractors and/or vendors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of s.287.134, F.S. 7.5 The Provider will comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S.,which prohibit the expenditure of contract funds for the purpose of lobbying the legislature,judicial branch or a state agency. 7.6. In accordance with Section 287.135 F.S.,any Contractor on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List(Lists),created pursuant to Section 215.473 F.S.and 215.4725,F.S.,or is engaged in a boycott of Israel,or is engaged in business operations in Cuba or Syria, is ineligible to enter into or renew a contract with the Department for goods or services of$1,000,000 or more.Pursuant to Section 287.135 F.S.,the Alliance may terminate this contract if the Provider is found to have submitted a false certification of its status on the Lists or has been placed on the Lists or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria. Further, the Provider is subject to civil penalties,attorney's fees and costs and any costs for investigations that led to the finding of false certification.The Provider shall complete and sign the Certifications and Assurances Attachment,prior to the execution of this contract. 8. Background Screening The Provider shall comply with and ensure subcontractors are in compliance with the requirements of s. 430.0402 and Chapter 435, F.S., as amended, regarding background screening for all persons who meet the definition of a direct service provider and who are not exempt from the Department's level 2 background screening pursuant to s.430.0402(2)-(3), F.S. The Provider must also comply with any applicable rules promulgated by the Department and the Agency for Health Care Administration regarding implementation of s. 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision,Provider shall submit to the Alliance,the Background Screening Affidavit of Compliance(Screening Form)upon thirty(30)days of execution of this contract. Should the Alliance have a completed Screening Form on file for the Provider, a new Screening Form will be required every twelve(12) months. 8.1 Further information concerning the procedures for background screening is found at el dera ffai i's.state.fl.LIS'Joea/b,.c................................................................................................................................................................. .......... &2 Background Screening Affidavit of Compliance - To demonstrate compliance with this contract, the Provider shall submit ATTACHMENT D, Background Screening Affidavit of Compliance annually as part of his contract. 9. Grievance and Complaint Procedures 9.2 Grievance Procedures The Provider shall comply with and ensure subcontractor and or vendors compliance with the Minimum Guidelines for Recipient Grievance Procedures,Appendix D,of the Handbook,to address complaints regarding the termination, suspension or reduction of services,as required for receipt of funds. 9.1. Complaint Procedures The Provider shall develop and implement complaint procedures and ensure that subcontractors and/or vendors develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services, provider and direct service worker complaints,or any other advice related to complaints other than termination,suspension or reduction in services that require the grievance Page 3 of 72 0) LO Contract Number AA2529 process as described in Appendix D, of the Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date, nature of complaint, the determination of each complaint,and the follow-up With the client to ensure satisfaction with the resolution 10. Public Records and Retention 10.1. By execution of this contract, Provider agrees to all provisions of Chapter 119, F.S.,and any other applicable law, and shall: 10.1.1.Keep and maintain public records required by the Department to perform the contracted services. 10.1.2. Upon request from the Alliance or the Department's Custodian of public records, provide the Alliance or the Department a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 1 19, F,S., or as otherwise provided by law. 10.1.3. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Provider does not transfer the records to the Alliance or the Department. 10.1 A. Upon completion of the contract, the Provider will either transfer, at no cost to the Alliance,all public records in possession of the Provider, or will keep and maintain public records required by the Department. If' the Provider transfers all public records to the Department upon completion of the contract, the Provider shall destroy any duplicate public records that areexempt, or confidential and exempt, from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the contract,the Provider shall rneet all applicable requirements for retaining public records.All records stored electronically must be provided to the Department in aformat that iscornpatible with the information technology systems of the Department. 10.2 The Alliance may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Provider to comply with ATTACHMENT I of this contract by not allowing public access to all documents, papers, letters,or other material made or received by the Provider in conjunction with this contract,unless the records are exempt,or confidential and exempt,from s.24(a)of Article I of the State Constitution and s. 1 19.07(l), F.S. IFTHE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of Elder Affairs 4040 Esplanade Way Tallahassee, Florida 32399 850-414-2342 doea, 1 W c I.1g, L IdeLraff nrs. _ ......wm 103 Upon termination of this contract, whether for convenience or for cause as detailed in this contract, the Provider and subcontractors shall, at no cost to the Alliance, transfer all public records in their possession to the Alliancet and destroy any duplicate public records that are exempt,or confidential and exempt,from public records disclosure requirements. All records stored electronically shall be provided to the Alliance in a format that is compatible with the information technology systems of the Alliance. 11. Audits, Inspections,Investigations,Public Records and Retention 11.1. 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. The provider shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information should be related to performance and unit cost data. 11.2. The Provider shall retain all client records,financial records,supporting documents,statistical records,and any other documents(including electronic storage media)pertinent to this contract for a period of six(6)years after completion Page 4 of 72 C) to Contract Number AA2529 of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract,at no additional cost to the Alliance. 11.3. Upon demand, at no additional cost to the Alliance, the Provider will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 12.1 11.4. The Provider shall assure that the records described in this section shall be subject at all reasonable times to inspection, review,copying,or audit by Federal, State,or other personnel duly authorized by the Alliance. 11.5. At all reasonable times for as long as records are maintained, persons duly authorized by the Alliance, DOEA and Federal auditors, pursuant to 45 CFR Part 75, shall be allowed full access to and the right to examine any of the Provider's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11.6. The Provider shall provide a financial and compliance audit to the Alliance as specified in this contract and ensure that all related third-party transactions are disclosed to the auditor. 1 1.7. The Provider shall comply and cooperate immediately with any inspections,reviews,investigations,or audits deemed necessary by the office of the DOEA's Inspector General pursuant to s. 20.055,F.S. Provider further agrees that it shall include in related subcontracts a requirement that subcontractors andfor vendors performing work or providing services pursuant to this contract agree to cooperate with the Alliarice or Inspector General in any investigation, audit,inspection,review,or hearing pursuant to s. 20.055(5), F.S. 12. Nondise rim I nation-Civil Rights Compliance 12.1 The Provider shall execute assurances in ATTACHMENT VI that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age,race,religion,color,disability, national origin, marital status or sex in compliance with state and federal law and regulations. The Provider further assures that all contractors,subcontractors,vendors,sub-grantees,or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age,race,religion,color,disability,national origin,marital status or sex. 12.2 During the term of this contract,the Provider shall complete and retain on file a timely,complete and accurate Civil Rights Compliance Checklist attached to this contract. 12.3 The provider shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures will include notifying clients,employees,and participants of the right to file a complaint with the appropriate federal or state entity. 12A If this contract contains federal funds,these assurances are a condition of continued receipt of or benefit from federal financial assistance,and are binding upon the Provider,its Successors,transferees,and assignees for the period during which such assistance is provided. The Provider further assures that all subcontractors,vendors,or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes,regulations, guidelines, and standards. In the event of failure to comply, the Provider understands that the Alliance may, at its discretion,seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to,termination of and denial of further assistance. 13. Monitoring by the Alliance for Aging 13.1 Tue Pro`ider shall permit persons did) authorized b) the Alliance to inspect and cop) an) records,papers,documents, facilities, goods and services of the Provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the Provider to assure the Alliance of the satisfactory performance of the terms and conditions of this contract. Following such review, the Alliance will provide a written report of its findings to the Provider, and where appropriate, the Provider shall develop a Corrective Action Plan (CAP). The Provider hereby Page 5 of 72 cfl Contract Number AA2529 agrees to correct all deficiencies identified in the CAP in a tirnely manner as determined by the Contract Manager. Failure to comply with the CAP shall subject the Provider to enforcement actions as described in this Contract. 13.2 The Alliance will perform administrative, fiscal, and programmatic monitoring of the provider to ensure contractual compliance, fiscal accountability,programmatic performance,and compliance with applicable state and federal laws and regulations. The Provider will supply progress reports, including data reporting requirements as specified by the Alliance or the Department to be used for monitoring progress or performance of the contractual services. Examples of review criteria are surplus/deficit reports, independent audits, internal controls, reimbursement requests, subcontractor monitoring,targeting,program eligibility,outcome measures,service provision to clients,data integrity, client satisfaction,and client file reviews. 13.3 Service Cost Reports(SCR)—The Provider shall submit a SCR to the Alliance annually,but no later than ninety(90) calendar days after the Provider Fiscal Year ends. The SCR shall reflect the actual costs of providing each service by program for the preceding contract year. Costs associated with services provided under this contract shall only include allowable direct and indirect costs as defined by applicable state law. Failure to submit an accurate SCR no later than ninety(90)calendar days after the Provider Fiscal Year End may result in withholding invoice payment.If the Provider desires to renegotiate its reimbursement rates,the Provider shall make a request in writing to the Alliance, with the inclusion of a Unit Cost Methodology, in accordance with the Alliance's approved Reimbursement to Review Policy,which is incorporated by reference. 14. Provision of Services The Provider shall provide the services referred to in ATTACHMENT VII in the manner described in the Handbook and the procurement documents leading to this contract. In the event of a conflict between the Service Provider Application and this contract,the contract language prevails. 15. Coordinated Monitoring with Other Agencies If the Provider receives direct,or pass through funding from one or more other State of Florida human service agencies, in addition to the Department of Elder Affairs funding passed through the Alliance, it is expected that the provider cooperates with all monitors, inspectors,and/or investigators should a state agency joint inquiry or investigation begin. 16. Indemnification The Provider shall indemnify,save,defend,and hold harmless the Department and the Alliance and its agents and employees from any and all claims, demands, actions,causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the Provider is not required to indemnify the Alliance for claims,demands,actions or causes of action arising solely out of the Alliance's negligence. 17. Insurance and Bonding 17.1 Provider must provide continuous adequate liability insurance and worker's compensation insurance coverage,during the existence of this contract, and during any renewal(s)or extension(s) of it. The Alliance shall be included as an additional insured on the provider's liability insurance policy or policies and a copy of the Certificate of Insurance shall be provided annually or when any changes occur. The Provider accepts full responsibility for identifying and determining the type(s)and extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this contract. Upon execution of this Contract, the Provider shall furnish the Alliance written verification supporting both the determination and existence of such insurance coverage. The limits of coverage under each policy maintained by the Provider do not limit the Provider's liability and obligations Linder this contract. The Provider shall ensure that the Alliance has the most Current written verification of insurance coverage throughout the term of this contract.Stich coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department and the Alliance reserve the right to require additional insurance as specified by this contract. 17.2 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 Page 6 of 72 CN W Contract Number AA2529 commensurate with the funds handled,the degree of risk as determined by the insurance company and consistent with good business practices. 18. Confidentiality of Information The Provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 19. Health Insurance Portability and Accountability Act Where applicable,the Provider shall comply with the Health Insurance Portability and Accountability Act(42 USC 1320d.), as well as all regulations promulgated thereunder(45 CFR 160, 162,and 164). 20. Incident Reporting 22.1 The Provider shall notify the Alliance immediately but no later than forty-eight (48) hours from the Provider's awareness or discovery of conditions that may materially affect the Provider's,subcontractor's or vendor's ability to perform the services required to be performed under any contract. Such notice shall be made orally to the Contract Manager(by telephone)with an email to immediately follow. 22.2 The Provider shall immediately report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800- .96ABUSE). As required by Chapters 39 and 415, F.S.,this provision is binding upon the Provider, subcontractors, vendors,and their employees. 21. Bankruptcy Notification If,at any time during the term of this contract,the Provider, its assignees,subcontractors, vendors or affiliates files a claim for bankruptcy,the Provider must immediately notify the Alliance. Within ten(10)days after notification,the Provider must also provide the following information to the Alliance:(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,Tallahassee Division); and,(4)the name,address,and telephone number of the bankruptcy attorney. 22. Sponsorship and Publicity 22.1 As required by s.286.25,F.S.,if the Provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds,including any funds obtained through this contract,it shall,in publicizing,advertising, or describing the sponsorship of the program, state: "Sponsored by (Monroe County Board of County Commissioners, Social Services/[n-Home Servicesj, the State of Florida Department of Elder Affairs and the Alliance for Aging,Inc." If the sponsorship reference is in written material,the words"State of Florida,Department of Elder Affairs"and"Alliance for Aging,Inc."shall appear in at least the same size letters or type as the name of the organization. 22.2 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. 23. Assignments 23.1 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. 23.2 This contract shall remain binding upon the successors in interest of either the Provider or the Alliance. 24. Subcontracts Page 7 of 72 tG Contract NUrnber AA2529 24.1 The Provider is responsible for all work performed and for all commodities produced pursuant to this contract,whether actually furnished by the Provider or its subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Alliance deems necessary.The Provider further agrees that the Alliance will not be liable to the subcontractor in any way or for any reason. The Provider, at its expense, shall defend the Alliance against any such claims. 24.2 The Provider shall promptly pay any subcontractors upon receipt of payment from the Alliance or other state agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, Fla. Stat, unless otherwise stated in this contract between the Provider and subcontractor,will result in a penalty as provided by statute. 243 The Provider shall programmatically monitor, at least once per year, each of its Subrecipients. The Provider shall performs programmatic monitoring to ensure contractual compliance,and programmatic performance and compliance with applicable state and federal laws and regulations. The Provider shall monitor to ensure that time schedules are met; the budget and scope of work are accomplished within the specified time periods, and other performance goals. The Provider shall also perform fiscal and administrative monitoring for all subrecipients to ensure fiscal accountability. 24A The Provider shall award subcontracts in a manner that offers maximum free and open competition.Such subcontract awards must conform with the Alliance's procurement policy and be performed at a minimum of every six years. 24.5 The Provider shall dedicate the staff necessary to meet the obligations of this contract and ensure that subcontractors dedicate adequate staff,accordingly.The provider shall ensure that the staff responsible for performing any duties or functions within this contract has the qualifications as specified in the Department's Programs and Services Handbook. 25. Service Cost Reports(SCR) The Provider shall submit a SCR to the Alliance annually, but no later than ninety (90) calendar days after the Provider Fiscal Year ends. The SCR shall reflect the actual costs of providing each service by program for the preceding contract year. Costs associated with services provided under this contract shall only include allowable direct and indirect costs as defined by applicable state law. If the Provider desires to renegotiate its reimbursement rates, the Provider shall make a request in writing to the Alliance, in accordance with the Section 11A.G. 26. Funding Obligations: 26.1 The Alliance for Aging, Inc. acknowledges its obligation to pay the Provider for the performance of the Provider's duties and responsibilities set forth in this Contract. 26.2 The Alliance shall not be liable to the Provider for costs incurred or performance rendered unless such costs and performances are strictly in accordance with the terms of this contract, including but not limited to terms governing the Provider's promised performance and unit rates and/or reimbursement capitations specified. 26.3 The Alliance shall not be liable to the Provider for any expenditures which are not allowable costs as defined in 2 CFR Part 200 and 45 CFR Part 92, as amended, or which expenditures have not been made in accordance with all applicable state and federal rules. 26.4 The Alliance shall not be liable to the Provider for expenditures made in violation of regulations promulgated under the Older Americans 27. Independent Capacity of Provider It is the intent and understanding of the Parties that the Provider,or any of its subcontractors and/or vendors,are independent contractors and are not employees of the Alliance and shall not hold themselves out as employees or agents of the Alliance without specific authorization from the Alliance. It is the further intent and understanding of the Parties that the Alliance does not control the employment practices of the Provider and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Provider or its subcontractors and/or vendors. All deductions for social security, withholding taxes, income taxes,contributions to unemployment compensation funds and all necessary insurance for the Provider shall be the sole responsibility of the Provider. Page 8 of 72 Iq to Contract NUrnber AA2529 28. Payment 28.1. Payments shall be made to the Provider as services are rendered and invoiced by the Provider. The Alliance will have final approval of the invoice for payment and will approve the invoice for payment only if the Provider has met all terms and conditions of the contract, unless the bid specifications,purchase order,or this contract specify other-,vise. The approved invoice will be submitted to the Alliance's fiscal department for budgetary approval and processing per ATTACHMENT gill. 28.2 The Provider shall maintain documentation to support payment requests which shall be available to the Department of Financial Services, the Department,or the Alliance upon request. Invoices must be submitted in sufficient detail for a proper pre audit and post audit thereof The Provider shall comply with all state and federal laws governing payments to be made under this contract including,but not limited to the following:ss.216.18 1(16)(a)&(b),215.422, Fla. Stat., and the Invoice Requirements of the Reference Guide for State Expenditures from the Department of Financial Services at o ' oos -I�, Ltng nd"?qk jgj ianuals,agg[jKi KN_:nl ( o,c csf" ut i - djIi jbraiies�ITI _ b4cc33376, 283 The Provider shall maintain detailed documentation to support each item on the itemized invoice or payment request for cost reimbursed expenses,fixed rate or deliverables, for this contract, including paid subcontractor invoices,and will be produced upon request by the Alliance.The Provider shall only request reimbursement for allowable expenses as defined in the laws and guiding circulars cited in this Contract section 6, in the Reference Guide for State Expenditures,and any other laws or regulations,as applicable. 28.4 The Provider and subcontractors shall provide units of deliverables,including reports,findings,and drafts as specified in this contract to be received and accepted by the Alliance prior to payment. 29. Return of Funds 'rhe Provider will return to the Alliance any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the Provider by the Alliance. In the event that the Provider or its independent auditor discovers that an overpayment has been made,the Provider shall repay said overpayment immediately without prior notification from the Alliance. In the event that the Alliance first discovers an overpayment has been made,the Contract Manager,on behalf of the Alliance,will notify the Provider of such findings. The Alliance may deduct the overpayment from the invoice most recently submitted but net yet paid,even if from a different program or contract year. Should repayment not be made forthwith,the Provider will be charged at the lawful rate of interest on the outstanding balance pursuant to s.55.03, F.S.,after Alliance notification or Provider discovery. 30. Data Integrity and Safeguarding Information The Provider and its subcontractors and/or vendors shall ensure an appropriate level of data security for the information the Provider is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Provider employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Provider shall ensure all subcontractors and/or vendors maintain written procedures for computer system back-tip and recovery.The Provider shall,prior to execution of this agreement,complete the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract.as part of ATTACHMENT IV. 31. Social media and Personal Cell Phone use: 31.2 Social Media Defined.The term Social Media and/or personal cellular communication includes, but is not limited to,social networking websites, blogs, podcasts,discussion forums, RSS feeds,video sharing, SMS(including Direct Messages (DMs), iMessages, text messages, etc.); social networks like Instagram, TikTok, Snapchat, Google Hangouts, WhatsApp, Signal, Facebook, Pinterest, and Twitter; and content sharing networks such as Flickr and Page 9 of 72 LO W Contract NUrriber AA2529 YouTube. This includes the transmission of social media through any cellular or online transmission via any electronic, internet, intranet,or other wireless communication. 31.3 Application to any direct or incidental DOEA or other state business. This contract applies to any DOEA or other state business conducted on any of the Provider's, Subcontractor's, or their employees' social media accounts or through personal cellular communication. 31.4 Application to DOEA and Providers Equipment. This contract applies regardless of whether the social media is accessed using DOEA's IT facilities and equipment or equipment belonging to Provider, Subcontractor, or their respective employees. Equipment includes,but is not limited to,personal computers,cellular phones,personal digital assistants,smart watches,or smart tablets. 31.5 Florida Government in the Sunshine,Florida Public Records Law,and HIPAA. Provider acknowledges that any DOEA or other state business conducted by social media or through personal cellular communication is subject to Florida's Government in the Sunshine Law, Florida's Public Records Law(Chapter 119,Florida Statutes), and the Health Insurance Portability and Accountability Act(HIPAA).Compliance with these laws and other applicable laws are further detailed in the contract. 31.6 Prohibited or Restricted Postings. Any social media posts which include photos,videos,or names of clients,volunteers,staff,or other affiliates of DOEA may only be posted when authorized by law and when any required HIPAA authorizations and any other consents or authorizations required pursuant to federal,or state law are on file with the Provider's records. 31.7 Assist DOEA with Communications. Contractors may be asked periodically to assist in distributing certain DOEA communications through their social media outlets. Any such requests should be posted in adherence to the social media requirements herein and the other provisions of this contract. 32. Conflict of Interest The Provider shall establish safeguards to prohibit employees,board members,management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee,officer,or agent of the Provider or subcontractor shall participate in selection,or in the award of an agreement supported by state or federal funds if a conflict of interest,real or apparent,Would be involved. Such a conflict would arise when: (a) the employee, officer, or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization which employs,or is about to employ,any of the above,has a financial or other interest in the firm selected for award. Ile Provider or subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Providers,potential Providers,or parties to subcontracts. Pursuant to Chapter 4, Section 2 of the Handbook,no Provider may employ, in any capacity,any member of its governing board or any family member of a person on the board or family member of its Executive Director. The Providers' board members and management must disclose to the Alliance any relationship which may be,or may be perceived to be,a conflict of interest within thirty(30)calendar days of an individual's original appointment or placement in that position,or if the individual is serving as an incumbent, within thirty (30)calendar days of the commencement of this contract. The Providers' employees and subcontractors must make the same disclosures described above to the Providers' Board of Directors.Compliance with this provision will be monitored. 33. Public Entity Crime Pursuant to s. 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not Submit bids, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a Provider, supplier, sub-Provider, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287.017,F.S.,for Category Two for a period of 36 months following the date of being placed on the convicted vendor list. If the Provider or any of its Page 10 of 72 cfl cfl Contract Number AA2529 officers or directors is convicted of a public entity crime during the period of this agreement, the Provider shall notify the Alliance immediately.Non-compliance with this statute shall constitute a breach of this agreement. 34. Purchasing, 34.1 The Provider shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. 34.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF,OR REQUIRED TO CARRY OUT,THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(l) AND(2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF i-ns CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 34.1.2 Pursuant to sections 413.036(l)and(4), F.S., the Provider shall not be required to procure a product or service from RESPECT if: (a)the product or service is not available within a reasonable delivery time,(b)the Provider is required by law to procure the product or service from any agency of the state,or(c)the Provider determines that the performance specifications,price,or quality of the product or service is not comparable to the Provide's requirements. 34.1.3 This act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by the alliance or the Department in accordance with its rules. 34.1.4 Additional information about the designated nonprofit agency and the products it offers is available at 34.2 The Provider shall procure any recycled products or materials which are the subject of,or are required to carry out, this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065, F.S. 34.3 The Provider shall procure products and/or services required to perform this contract in accordance with section 946.515,F.S. 34.11 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2)AND(4),F.S.;AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. 34.3.2 The corporation identified is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Additional information about PRIDE and the commodities or contractual services it offers is available at . e,5.,o ....... ....... ...........................I 1,1� 34.4 The Provider shall provide a Certified Minority Business Subcontractor Expenditure (CMBE) Report summarizing the participation of certified suppliers for the Current reporting period and project to date. The CMBE Report shall include the names, addresses, and dollar amount of each certified participant, and a copy must be forwarded to the Department, Division of Financial Administration, and must accompany each invoice submitted to the Department. The Office of Supplier Diversity (850-487-0915) will assist in furnishing names of qualified minorities. The Department's Minority Coordinator (850-414-2153) will assist with questions and answers. The CMBE Report is Page 11 of 72 ti cfl Contract NUrnber AA2529 attached to this contract(ATTACHMENT(H). 35. Patents C al 35.1 If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result of work or services performed under this contract the Provider shall refer the discovery, invention or material to the Alliance to be referred to the Department. Any and all patent rights or copyrights accruing under 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. 35.2 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property,notwithstanding any agreement made pursuant to this section. 35.3 If this contract is awarded solely federal funding,the terms and conditions are governed by 2 CFR Part 200.3 15. 36, Emergency Preparedness and Continuity of Operations 36.1 The Provider shall,within thirty(30)calendar days of the execution of this contract,Submit to the Contract Manager verification of an emergency preparedness plan, Continuity of Operations Plan. ("COOP"). In the event of an emergency, the Provider shall notify the Alliance of emergency provisions. The COOP must address continuity of services in weather and non-weather-related emergencies. 36.2 In the event a situation results in a cessation of services by a subcontractor and/or vendor, the Provider shall retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruptions. 36.3 Providers offering nutrition services must have an Alliance approved shelf stable menu with at least 3 days' worth of shelf stable meals with reserved funds set aside to purchase the food items in order to ensure continuity of services without interruptions in weather and no-weather related emergencies. 37. The PUR 1000 Form is hereby incorporated by reference and available at: ?1�ai/vbs,adoc;'F7740 IIURMK.p�tf In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contractor agreement terms or conditions the contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes,the terms or conditions contained in the PUR 1000 Form shall take precedence. 38. Use of State Funds to Purchase or Improve Real Property No funds under this contract will be used by the Provider to purchase or improve Real Property. Any state funds provided for the purchase of or improvements to real property are contingent upon the Provider or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution Any dispute concerning the performance of this contract shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the Provider. 40. Financial Consequences If the Provider fails to meet the minimum level of service or performance identified in this contract,the Alliance shall impose financial consequences as stated in Attachment I. 41. No Waiver of Sovereign Immunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. Page 12 of 72 00 to Contract Number AA2529 42. Venue If any dispute arises out of this contract,the venue Of Such legal recourse will be Miami-Dade County,Florida. 43. 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. 44. Force Majeure The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 45. Severability Clause The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract: Appropriations The Parties agree that the Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 47. Addition[Deletion The Parties agree that notwithstanding the terms of the procurement documents and actions leading to this contract, the Alliance reserves the right to add or to delete any of the services required under this contract when deemed to be in the best interest of the elder population targeted by the Area Plan and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 48. Waiver The delay or failure by the Alliance to exercise or enforce any of its rights tinder this contract shall not constitute or be deemed a waiver of the Alliance's right thereafter to enforce those rights,nor shall any single or partial exercise of any s itch right preclude any other or further exercise thereof or the exercise of any other right. 49. Compliance The Provider shall abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current state statutes, laws, rules and regulations, policies of the Alliance and the Department, and the terms of this contract. The Parties agree that failure of the Provider to abide by these laws, rules,regulations, policies, and terms of this contract shall be deemed an event of default of the Provider and subject the Provider to disciplinary action including corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the Provider on probationary status, imposing a moratorium on Provider action, imposing financial penalties for nonperformance or noncompliance, or other administrative action to immediate, unilateral contract cancellation at the discretion of the Alliance. If the Alliance finds that the Provider fails to abide by all applicable current federal and state statutes, laws, rules and regulations,as well as conditions of this contract,the Alliance shall provide the Provider a Notice of Violation which shall include a concise statement of the specific violations of the Provider and the facts relied upon to establish the violation. Upon receipt of the Notice of Violation,the Provider shall have twenty-one(21)days to respond to the Notice of Violation. The Provider's response must include a statement of any disputed issues of material fact and a concise statement of the specific facts the Provider contends warrant reversal or deviation from the Alliance's proposed action, including an explanation of how the alleged facts relate to the specific rules,statutes,or contractual term. Failure of the Provider to respond to the Notice of Violation within twenty-one(21)days shall be deemed a waiver of the rights outlined above and the Alliance will proceed against the Provider by default. Page 13 of 72 cfl Contract Number AA2529 The Alliance,upon receiving atiniely filed response to allotice of Violation,will forward the response and all accompanying documentation to the Contract Manager to review and consider. The Contract Manager shall,within 30 days after the receipt of the Provider's response, file an order which lays out the final determination of disciplinary action by the Alliance. 50. Final Invoice The Provider shall submit the final invoice for payment to the Alliance as specified in section 3.4.7 (date for final request for payment)of ATTACHMENT I. If the Provider fails to submit final request for payment by the deadline,then all rights to payment may be forfeited and the Alliance may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto have been approved by the Alliance. 51. Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. 52.Suspension of Work: The Alliance may in its sole discretion suspend any or all activities under this contract and any contract or agreement incorporating in this contract, at any time, when in the best interests of the State to do so. The Alliance shall provide the Provider written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances.After receiving a suspension notice, the Provider shall comply with the notice and shall not accept any purchase orders. Within ninety days,or any longer period agreed to by the Provider,the Alliance shall either(I)issue a notice authorizing resumption of work,at which time activity shall resume, or (2) terminate the contract or purchase order. Suspension of work shall not entitle the Provider to any additional compensation, 53. Termination 53.1 Termination for Convenience. This contract may be terminated by either party without cause upon no less than thirty (30)calendar days'notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service with verification of delivery or any expedited delivery service that provides verification of delivery or by hand delivery to the Alliance Contract Manager or the representative of the Provider responsible for administration of the contract. The Provider shall not furnish any product after it receives 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. 512 Termination for Cause.The Alliance may terminate this contract if the Provider fails to(I)deliver the product within the time specified in the contract or any extension, (2)maintain adequate progress,thus endangering performance of the contract, (3) honor any term of the contract, (4) abide by any statutory requirement, regulatory requirement, licensing requirement,or Department policy or(5)in the event funds for payment become unavailable for this contract. The Alliance will be the final authority as to the availability and adequacy of funds. In the event of termination of this contract,the Provider will be compensated for any work satisfactorily completed prior to the date of termination. Rule 60A- 1.006(3),F.A.C,governs the procedure and consequences of default.The Provider shall continue work on any work not terminated. Except for defaults of'subcontractors at any tier, the Provider shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without the fault or negligence,of the Provider.If the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both the Provider and the subcontractor, and without the fault or negligence of either,the Provider shall not be liable for any excess costs for failure to perform,unless the subcontracted products or services were obtainable from other sources in sufficient time for the Provider to meet the required delivery schedule.If,after termination,it is determined that the Provider was not in default,or that the default was excusable,the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenience of the Alliance.The rights and remedies of the Alliance in this clause are in addition to any other rights and remedies provided by law or Linder the contract. 53.3 Upon expiration or termination of this contract, the Provider and Subcontractors shall transfer all public records in its possession to the Alliance and destroy any duplicate public records that are exempt or confidential and exempt from public records, disclosure requirements at no cost to the Alliance. All electronically stored records shall be Page 14 of 72 C) I­ Contract Number AA2529 provided to the Alliance in a format that is compatible with the Alliance's information technology system(s). 54.Successors This contract shall remain binding upon the successors in the interest of either the Alliance or the Provider, subject to the assignment provisions in Section 22 above. 55. Electronic Records and Signature 55.1 The Alliance authorizes,but does not require,the Provider to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract.A Provider that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act,s.668.50, F.S_ All electronic records must be fully auditable;are subject to Florida's Public Records Law, Ch. 119, F.S.; must cornply 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. 55.2 The Alliance's authorization pursuant to this section does not authorize electronic transactions between the Provider and the Alliance. The Provider is authorized to conduct electronic transactions with the Alliance only upon further written consent by the Alliance. 55.3 Upon request by the Alliance, the Provider shall provide the Alliance or Department with non-electronic (paper) copies of records. Non-electronic (paper) copies provided to the Alliance of any document that was originally in electronic form with an electronic signature must indicate the person and the person's capacity who electronically signed the document on any non-electronic copy of the document. 56. Special Provisions: The Provider agrees to the following provisions: 56.1 Investigation of Criminal Allegations: Any report that implies criminal intent on the part of the Provider or any subcontractors and/or vendors and was referred to a governmental or investigatory agency must be sent to the Alliance. If the Provider has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's office, or other governmental agency, the Provider shall notify the Alliance immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the Provider, its subcontractors,or vendors,must be sent to the Alliance's contract manager with a summary of the investigation and allegations. 56.2 Volunteers: The Provider shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Provider shall work in coordination with organizations that have experience in providing training,placement,and stipends for volunteers or participants(such as organizations carrying out federal service programs administered by the Corporation for National and Community Service), in community service settings. 56.3 Enforcement: 563.1 In accordance with s.430.04,F.S.,the Alliance may,without taking any intermediate measures available to it against this contract rescind this contract if the Alliance finds that: 5632 An intentional or negligent act of the Provider has materially affected the health, welfare,or safety of clients served pursuant to any contract or agreement,or substantially and negatively affected the operation of services covered Linder any contract or agreement', 56.3.3 The Provider lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; Page 15 of 72 ti Contract Number AA2529 56.3.4 The Provider has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the Alliance, or the Provider has committed or repeated violations of Alliance standards; 56.3.5 The Provider has failed to continue the provision or expansion of services after the declaration of a state of emergency;and/or 56.3.6 The Provider has failed to adhere to the terms of any contract or agreement incorporating in this Contract. 56.3.7 In the alternative, the Alliance may, at its sole discretion, in accordance with section 430.04, F.S., take immediate measures against the Provider, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the Provider on probationary status, imposing a moratorium on Provider action, imposing financial penalties for nonperformance,or other administrative action pursuant to Chapter 120, F.S. 56.4 In making any determination under this provision the Alliance may rely upon the findings of another state or federal agency,or other regulatory body. Any claims for damages for breach of any contract or agreement are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Miami-Dade County. 56.5 Use of Service Dollars: The Provider will optimize the use of contract funds by serving the maximum possible number of individuals with the services allowed by this contract.The Provider will spend all funds provided by this contract to provide such services. 56.6 Surplus/Deficit Report The Provider will submit a consolidated surplus/deficit report in a format provided by the Alliance to the Alliance's Contract Manager in conjunction with the required monthly billing Submission.This report is for this contract between the Provider and the Alliance.The report will include the following: 56.6.1 The Provider's detailed plan on haw the surplus or deficit spending exceeding the I%threshold will be resolved; 56.6.2 Number of clients currently on the APCL,that receive a priority ranking score of four(4)or five(5),- 56.6.3 Number of clients currently on the APCL designated as Imminent Risk. 56.6.4 Number of clients served and Aging and Disability Resource Center("ADRC")client contacts, In accordance with its surplus/deficit management policies,in order to maximize available funding and minimize the time that potential clients must wait for services, the Alliance in its sole discretion can reduce funding awards if the Provider is not spending according to monthly plans and is projected to incur a surplus at the end of the year 56.7 Training: The Provider will attend all required trainings and meetings schedule by the Alliance. 57.Contract Manager The Alliance may substitute any Alliance employee to serve as the Contract Manager. 58.Official Payee and Representatives(Name,Address,and Telephone Numbers) The narne,address, and telephone number of the representative for the Alliance for this contract is: Max B. Rothman,JD, LL.M. President and CEO 760 NW 107th Ave, Suite 214 Miami, Florida 33172 (305)670-6500, Ext.224 Page 16 of 72 C14 I- Contract NUrnber AA2529 The name,address,and telephone number of the representative of the Provider responsible for administration of tile program under this contract is: Monroe County Board of County Commissioners, Tile Provider name,as shown on page I of this Social Services/ln-Horne Services A contract,and mailing address of the officiA payee 1100 Simonton Street,2 nd Floor to WhMn the payment shall be made is: Key West, Fl- 33040 305-292-45 10 ................... ......... .... .......... Monroe County Board of County Commissioners, The name of the contact person of the Provider and Social Services/In-Home Services B street address where financial and administrative 1100 Simonton Street,2" Floor records are maintained is: Key West, FL 33040 305-292-45 10 Sheryl Graham The name, address,and telephone number of the Monroe County Board of County Commissioners, c representative of the Provider responsible for Social Services/In-Flonie Services administration of the program under this contract is: 1100 Simonton Street,2 nd Floor Key West, Fl, 33040 305-292-45 10 Alliance for Aging, Inc. The section and location within tile AAA where Fiscal Department d Requests for Payment and Receipt and Expenditure 760 NW I 07th Avenue,Suite 214 forms are to be mailed is: Miami, Florida 33172-3155 ................... ...................3.2.51.6 7..0..-..6..5..0..0................... Contract Monitor The name,address,and telephone number of the Alliance for Aging, Inc. e Contract Manager for the AAA for this contract is: 760 NW 107th Avenue, Suite 214 Miami,Florida 33172-3155 305-670-6500 Upon change of representatives(names,addresses,telephone numbers)by either party,notice shaH be provided in writing to tile other party and tile notification attached to the originals of this contract, 59. A1111'erms and Conditions Included This contract and its Attachments and any exhibits referenced in said attachments,together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications,representations or agreements,either written or verbal between the Parties. By signing this contract,tile Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF,tile Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,SOCIAL Sl---'RViCES.,'IN HOME SERVICES ALLIANCE FOR AGING, INC. SIGNED BY: SIGNED BY: NAME: NAME: MAX B. ROTHMAN,JD, LIL.M. TITILE: TITLE: PRESIDENTAND CEO DATE: DATE: AptinwW a,,,w liegal lama kyfficjerwy Page 17 of 72 Ek M.Lewis As6stant Coumy Allorney Date: 12/27!24 cv) I- Contract Number AA2529 INDEX TO CONTRACT ATTACHMENTS ............................................................................................................................................................................................................. ........................................................................................................................................................................... AlTAC11MENT A'I"I'A(,'I-IMEN'I'DESCIIIP'I"ION ..................................................................................................................................................................................................................................................................... ................................................................................................................................................... ATTA Cl I MEN'r I STATEMENT OF WORK ATTACI-iMENI'll FINANCIAL COMPLIANCE A(JDIT ATTACIfMENT .................................................................................................................................................. ................................................................................................................................ ATTACI-9MENTIII CERTWICATIONS AND ASSURANCES ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ATTACI-IMENTV1 ASSURANCES—NON-CONsTRUcTION PROGRAMS .......................................................................................................................................................... .................................I.............. Al"FAC19MEN'I'VII BUDGET SUMMARY BY SERVICE AND 1'1'11'LE ............................................................................................................................................... ..... ATTACF�MENTVIII INVOWE REPORTSCHEDUI-1 .................................................................................................................................................................................................. ....................................................................................................................................................................................... ATTACIIMEN'FIX REQUEST FOR PAYMENT ATTA CI I MENT X, RECEIPTS AND EXPENDITURES, FOR.ALL OAATITLES EXIIIBIT I ............................................................................................................................................................................................................................................................................................................................................................................................-......................... ATTA CI IMENT X, RECEIPTS AND EXPEND ITU RES, FOR.NSIP EXI-11MT2 ........................................................................................................................ .................................................................................................................................................................................................................................................................................. ATTACIiMENT X, PROVIDER MONTHLY MEALS REPORT,FOR NSW EXI-fIBIT3 AlT"TACI-IMENT13 DEPARTMENTOF ELDER AFFAIRS" CIVIL RIGHTS COMPLIANCE CHI CKLIST AND INSTRUCTIONS ATTACI-IM ENT D BACKGROUND SCREENING -AFFIDAVIT OF COMPIAANCE ............................................... ................................................................ Al"'FACI-IMENTF DATA PRIVACY&SECUMTY BUSINESS ASSOCIATE AGREEMENT .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ATTA CI I M ENT(i ADR.0 POLICY AND PROCEDUM FOR OUTSO[JRCED FUNCTIONS ................................................................................................................................................................................................................................................................................................................................. Al"FACI-IMENTI-1 CERTIF9ED MINOMTY BUSINESS SUBCONTRACTOR I::-"XPENSE REPORT (CM BE) .......... Page 18 of 72 ti Contract Number AA2529 ATTACHMENT I ALLIANCE FOR AGING, INC. STATE MENT OF WORK OLDER AMERICANS ACT SECTION 1. SERVICES TO BE PROVIDED A. ALLIANCE FOR AGING, INC. MISSION STATEMENT The Alliance mission is to promote and advocate for the optimal quality of life for older adults and their families. B. DEFINITION OF TERMS Area Plan: A plan developed by the Area Agency on Aging outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306 (42 U.S.C. 3026)of the Older Americans Act and DOEA instructions. Area Plan Update: A revision to the area plan wherein the Alliance enters OAA specific data in the CIRTS. An update may also include other revisions to the area plan as instructed by the DOEA. Child: An individual who is not more than 18 years of age or an individual with disability. Criteria. A standard which the Administration on Aging/Administration for Community Living set for the Title III D Program. AoA/ACL's standard criterion consists of three tiers: Minimal Criteria, Intermediate Criteria,and Flighest-Level Criteria. Family Caregiver: An adult family member,or another individual, who is an informal provider of in-home and community care to an older individual. Frail: When an older individual is unable to perform at least two activities of daily living("ADL")without substantial human assistance,including verbal reminding,physical cueing or supervision;or due to cognitive or other mental impairment,requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. Grandparent: A grandparent or step-grandparent of a child,or a relative of a child by blood,marriage or adoption and who lives with the child; is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child;and has a legal relationship to the child,such as legal custody or guardianship, or is raising the child informally. Living Flealthy: Also known as CDSMP for the State offlorida. C. GENERAL DESCRIPTION 1. General Statement The primary purpose of the OAA Program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals.These systerns assist older individuals to attain and maintain maximum independence with supportive services. The NSIP provides incentives for the effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the number and/or the quality of meals served. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served Linder the OAA. Florida has opted for cash payments in lien of donated foods. 2. Authority All applicable federal laws, regulations, action transmittals, program instructions, review guides and similar documentation related to the following: a. Catalog of Federal Domestic Assistance No. 93.043, 93.044, 93.045,93.052, and 93.053,- Page 19 of 72 LO I- Contract Number AA2529 b. Older Americans Act of 1965,as amended 2016; c. 42 U.S,C. §303,42 U.S.C. §604; d. Rule 58A-1, Florida Administrative Code (FAC); e. Section 430 101, Florida Statutes(F.S.); and f DOEA Programs and Services Handbook, I VrQy�.Aer P .......... 3. Scope of Service The Provider is responsible for coordinating and assessing the needs of older persons and assuring the availability of quality services. The services shall be provided in a manner consistent with and described in the Providers Service Provider Application (SPA) as submitted with the 2024 OAA RFP,and any revisions thereto approved by the AAA, and the current DOEA Programs and Services Handbook and all subsequent amendments and revisions to the Handbook, which are hereby incorporated by reference. In the event of conflict between the SPA and the Handbook, the Handbook prevails. The Provider is responsible for adherence to the Area Plan and any amendments to the Area Plan. 4. Major Program Goals The major goals of the OAA program are to improve older individual's quality of life,preserve their independence,and prevent or delay their need for costlier institutional care. These goals are achieved through the implementation of a comprehensive and coordinated service system that provides a continuum of service alternatives and effective delivery of nutritious meals that meet the diverse needs of elders and their caregivers. 5. Leadership and Advocacy As a designated Focal Point, a provider is encouraged to provide coordination of services for older individuals. The Provider must also provide community leadership on aging issues and serve as the advocate and focal point for the elderly within the community in cooperation with agencies, organizations and individuals participating in activities funded by the Alliance. Advocacy should include initiating positive changes in public or private policies and attitudes towards older persons,taking action to improve,modify,or eliminate Situations which adversely impact on lives of older persons,or expressing support for older persons and their interests. Advocacy activities may be broadly supportive of the general interests of older persons or may involve specific activities on behalf of individuals. D. CLIENTS TO BE SERVED 1. General Description Preference shall be given to those with the greatest economic and social needs, with particular attention to low-incorne older individuals,including those that are low-income minorities,have limited English proficiency,and older individuals residing in rural areas. 2. OAA Title III,General Client Eligibility Consumers shall not be dually enrolled in an OAA program,and a Medicaid capitated long-term care prograrn, with the exception of consumers in need of OAA Legal Assistance services and OAA Congregate Nutrition Services, including transportation services to and from congregate meat sites. 2.1 OAA Title 11113, Supportive Services,Client Eligibility a. Individuals age 60 or older 2.2 OAA Title I I IC 1,Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT 1, Paragraph 1.4.1.3 individuals must be mobile, not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: a. Individuals age 60 or older;and b. Any spouse(regardless of age)who attends the dining center with his,,her eligible spouse; Page 20 of 72 cfl ti Contract NUrnber AA2529 c. Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; & Disabled persons who reside at home with and accompany an eligible person to the dining center;and e. Volunteers, regardless of age,who provide essential services on a regular basis(luring meal hours, 2.3 OAA Title HIC2, Home Delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT 1, Paragraph 1.4.1.3, individuals must be homebound and physically, mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home delivered meals include the following: a. Individuals aged 60 or older who are incapacitated or unable to attend a congregate nutrition site due to illness,disability, isolation,or caring for a loved one who is ill at home; b. Individuals aged 60 or older who are unable to attend a congregate nutrition site due to teeth and month issues which makes it difficult to eat in public; c. A home delivered meals recipient's spouse,regardless of age,if the provision of the collateral meal supports maintaining the person at home; d. Individuals with disabilities,regardless of age,who reside at home with home delivered meals recipients and are dependent on them for care-, e. Persons at nutritional risk who have physical,emotional,or behavioral conditions,which would make their presence at the congregate site inappropriate; f Persons at nutritional risk who are socially or otherwise isolated,including those who are self'-isolating at home due to potential health risks,and unable to attend a congregate nutrition site;or g. Individuals age 60 or older who are unable to prepare meals due to a lack of or inadequacy of facilities,an inability to shop,cook,or prepare meals safely,or a lack of appropriate knowledge or skill. 2.4 OAA Titles I I IC I and I I IC2,Nutrition Services,Client Edibility General factors that should be considered in establishing priority for nutrition services include those older persons who meet the following: a. Cannot afford to eat adequately; b. Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; c. Have limited mobility which may Impair their capacity to shop and cook for themselves;or d. Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. 2.5 OAA Title HID, Disease Prevention and Flealth Promotion Services a. Target individuals aged sixty(60) or older; and b. Priority will be given to individuals residing in medically Underserved areas. 2.6 OAA Title IIIE,Caregiver Support Services,Client Eligibility a. Family caregivers of individuals aged 60 or older; b. Grandparents(age 55 or older)or older individuals(age 55 or older)who are relative caregivers; c. Priority will be given to family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and for grandparents or older individuals who are relative caregivers who provide care for children with severe disabilities;and d. For respite and supplemental services,a family caregiver must be providing care for an older individual who meets the definition of the term"frail"in OAA, as per ATTACHMENT 1,Section 1.2. 23 NSIP Meals served to an elderly individual, funded in whole or in part under Statewide Medicaid Managed Care Long-Term Care, Florae Care for the Elderly, Community Care for the Elderly Programs, or other means tested programs may not be included in the NSIP Count.OAA-funded congregate meals provided to SMMC I.TC clients may be included in the NSIP Count. Page 21 of 72 ti ti Contract Number AA2529 SECTION If-..-MANNER OF'SF."IRVICE PROVISION A. Service Tasks To achieve the goals of the OAA program,the Provider shall ensure the following tasks: 1. Client Eligibility Determination The Provider shall ensure that applicant data is evaluated annually to determine eligibility prior to rendering services. Ehgibihty to become a client is based on uneeflng the requirements described in this contract. 2. Targeting and Screening of Service Delivery for New Clients: The Provider shall develop and irnplennent policies and procedures consistent with OAA targeting and screening criteria. 3. Program Services: The Provider shall ensure the provision of a continuum of services that meets the diverse needs of elders and their caregivers, The Provider shall ensure the performance and report performance of the following services are in accordance with the current Handbook. 4. Program Eligibility Requirements 4.1 Eligibility CHteria Entities must meet the following criteria to be eligible for program participation: 4.1.i An agency that has received a grant under OAA Title Ill [OAA section 311(42 U S.C. § 3030a)]; and 4.1.2 A nutrition service provider that serves anneals and is under the jurisdiction, control, management and audit authority of the Area Agency on Aging and the Department. 42 Provider's Nutrition Service Operations The Provider shall ensure the nutrition service operations of the Provider nieet the requirements of this contract, as well as any other applicable regulations and policies prescribed by the Current Handbook, the Department of Health and Hurnan Services, USDA, DOH and locale health departments, DBPR,or any other agency designated to inspect real quality for the State. The Provider must run the DBPR report nionthly and agree to notify the Alliance of any sanitation inspections, especially those that include high priority violations and provide a copy of the report to the Alliance within 24 hours. closures must be reported immediately. All subcontracted food service vendors must provide a written corrective action plan to the Nutrition Provider for any high priority or significant findings on sanitation inspections. The CAPS must be approved by the Provider's registered dietician and submitted to the Alliance to ensure that deficiencies are remedied. 4.3 Prescribed Nutritional Requirements The Provider shall ensure that each meal provided under this contract rneets the following criteria: 4.3.1 Complies with the current Dietary Guidelines for Americans, published by the Secretaries of the Department of Health and Human Services and the Department of Agriculture; 4.3.2 Provides a rninimurn of 33 1/3 percent of the dietary reference intakes/adequate intakes for an age 70 r female as established by the Food and Nutrition Board of the National Academy of`Sciences:and 43.3 Is served from and approved Alliance rnenu. 43.4 Food Origin and Conarnodities Requirements 43.5 Consistent with existing requireiments of the NSIP, the Provider and its service providers may Use NSIP cash to purchase foods of U.S, origin for their nutrition projects under Title 11I of the OAA. NSIP funds must be used to expand meal services to older adults. 5. Monitoring the performance Of its subcontractors and-or vendors 6. Comply with the Alliance's Nutrition policies and procedures Page 22 of 72 00 I- Contract Number AA2529 B. Staffing Requirements 1. Staffing Levels The Provider shall assign its own administrative and support staff as needed to perform the tasks, responsibilities and duties Linder this contract and ensure that Subcontractors and or vendors dedicate adequate staff accordingly. 2. Professional Qualifications The Provider shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the Handbook, 3, Service Times The Provider shall ensure the provision of services listed in this contract during normal business hours unless other times are more appropriate that meet the performance requirements of this contract, and it shall monitor its subcontractors and-'or vendors to ensure they are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. 4. Use of Volunteers to Expand the Provision of Available Services The Provider shall make use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Provider shall work in coordination with organizations that have experience in providing training,placement,and stipends for volunteers or participants(such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings. 5. Use of Subcontractors and/or Vendors If this contract involves the use of'a Subcontractor or third party,then the Provider shall not delay the implernentation of its agreement with the Subcontractor. If any circumstance occurs that may result in a delay of a period of 60 days or more the initiation of the subcontract or the performance of the Subcontractor,the Provider shall notify the Alliance's Contract Manager in writing of such delay. The Provider shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. In accordance with Section 23 of this Contract,the Alliance wil I not be responsible or liable for any obligations or claims resulting from such action. 5.1. Copies of Subcontracts: The Provider shall submit a copy of all subcontracts to the Alliance Contract Manager within thirty(30)days of the subcontract being executed. 5.2. Monitoring the Performance of Subcontractors: The Provider shall programmatically monitor,at least once per year,each of its Subrecipients. The Provider shall perform programmatic monitoring to ensure contractual compliance, and programmatic performance and compliance with applicable state and federal laws and regulations. The Provider shall monitor to ensure that time schedules are met; the budget and scope of work are accomplished within the specified time periods, and other performance goals. The Provider shall also perform fiscal and administrative monitoring for all subcontractors to ensure fiscal accountability, 5.3. Copies of Subcontractor Monitoring Reports The Provider shall forward a copy of all subcontractor monitoring reports to the Alliances'Contract Manager within thirty(30)days of the report being issued to the Subcontractors, Subrecipients,Vendors,and or Consultants. C. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. The Provider must submit all required documentation in the tirne and manner specified for the minimum performance levels to be met. Each deliverable must be accepted in writing by the Alliance Contract Manager based on the requirements for each deliverable before the Provider Submits all invoice requesting payment. Page 23 of 72 ti Contract Number AA2529 The Provider shall ensure the provision of a Continuum of services that meets the diverse needs of elders and their caregivers. The Provider shall ensure the performance and reporting of the following services in accordance with the current DOEA Handbook,and this contract. Documentation of service delivery must include a report consisting of the following: unduplicated number of clients served, number of service units provided by service,and rate per service unit With Calculations that equal the total invoice amount. The services include the following categories a. Supportive Services(111B Program) Supportive services include a variety of community-based and home-delivered services that support the quality of life for older individuals by helping them remain independent and productive. Services include the following: (1) Adult Day Care (10) Housing Improvement/ Material Aid (2) Chore Services (I I) Legal Assistance (3) Companionship (12)Personal Care (4) Counseling(Gerontological) (13)Recreation (5) Counseling(Mental Health) (14)Screening and Assessment (6) Emergency Alert Response (15)Technology (7) Education/Training (16)Transportation (8) Escort (17)Specialized Medical Equipment,Svs,and Supplies (9) Homemaker (10) Medical Equipment,Services, and Supplies b. Congregate Nutrition Services(1111CI Program) Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity, promote socialization and the health and well-being of'older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Congregate Meals (2) Emergency Shelf Stable Meals (2) Congregate Meals Screening (3) Nutrition Education (4) Nutrition Counseling c. Home Delivered Nutrition Services(IIIC2 Program) In-home nutrition services are provided to reduce hunger and food insecurity;promote socialization and the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Home delivered meals(Frozen or Hot) (2) Emergency Shelf Stable Meals (3) Screening& Assessment (4) Nutrition education (5) Nutrition Counseling d. Disease Prevention and Health promotion Services(IIID Program) Evidence-Based Disease Prevention and Health Promotion("EBDPHP")services have been demonstrated through evaluation to be effective for improving the health, wellbeing or reducing disease, disability and/or injury among older adults, and proven effective with older adult populations, The ACL defines EBDPHP services as meeting highest-level criteria. Only services that meet the highest-level criteria are allowed under the BID Program. EBDPHP services must be delivered per the requirements of the program and ensure program fidelity. Evidence based programs include the following: (1) A Matter of`Balance (6) Arthritis Foundation Tao Chi (2) Chronic Disease Self Management (7) Walk with Ease (3) Diabetes Self-Management Program (8) Savvy Caregiver (4) Enhanced Fitness (5) Bingosize Page 24 of 72 C) 00 Contract Number AA2529 c. 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: (1) Adult Day Care (2) Caregiver'fraining,'Support(Individual&Group) (3) Respite Services(Home& Facility) (4) Screen ing/Assessment f. Caregiver Support Supplemental Services(HIES Program) The following services are provided to complement the care provided by caregivers: (1) Chore Services (2) Housing Improvement 11 Material Aid (3) Specialized Medical Equipment, Services and Supplies. (4) Legal Assistance g. Caregiver Support Grandparent Services(111EG Program): Services for grandparents or older individuals who are relative caregivers designed to help meet their caregiving obligations include the following: (1) Sitter (2) Home Delivered Meals (3) Homemaker 2, Service Units The Provider shall ensure that the provision of services described in this contract is in accordance with the current DOER Handbook and the service tasks described in Section II.A. Attachment VII lists the services that can be performed, budget allocation for each service,the number of units of service,and the reimbursement unit rate. Units of service will be paid pursuant to the rate established in Attachment VI I. 3. Administrative Responsibilities The Provider shall provide management and oversight of OAA Program operations in accordance with the current DOEA Handbook which include the following: a. Establish contractual agreements or vendor agreements with appropriate and capable subcontractors, when applicable. b. Provide technical assistance to subcontractors and vendors to ensure provision of quality services. c. Monitor and evaluate subcontractors and vendors for appropriate programmatic and fiscal compliance. cl. Appropriately submit payments to subcontractors. e. Establish procedures for handling recipient complaints and ensure that subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services.Complaint procedures shall address the quality and timeliness of services,provider and direct service worker complaints,or any other advice related to complaints other than termination, suspension or reduction in services that require the grievance process as described in Appendix D,Department of Elder Affairs Programs and Services Handbook.The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date,nature of complaint, and the determination of each complaint. f. Ensure compliance with Client Information and Registration Tracking System(eCIRTS)regulations. g. Monitor outcome measures in accordance with targets set by the Department. h. Conduct client satisfaction surveys to evaluate and improve service delivery. D. Reports The Provider is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the Alliance. The Provider must establish due dates for any subcontractors and/or vendors that permit the Provider to meet the Alliance's reporting requirements. Page 25 of 72 T_ oo Contract Number AA2529 Service Cost Report(SCR): The Provider shall submit a SCR to the Alliance annually and no later than ninety(90)calendar days after the Provider Fiscal Year end. The SCR shall reflect the actual costs of providing each service by program for the preceding contract year. Failure to submit an accurate SCR no later than ninety(90)calendar days after the Provider Fiscal Year end may result in a withholding of invoice payment. 2. Surplus/Deficit Report The Provider will submit a consolidated surplus/deficit report in a format provided by the Alliance to the Alliance's Contract Manager in conjunction with the required monthly billing submission.This report is for this contract between the Provider and the Alliance.The report will include the following: a. The Provider's detailed plan, by program and service, on how the surplus or deficit spending exceeding the 10o threshold will be resolved; b. 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 the variance. c. Number of clients currently on the waitlist(APCL). cl. Number of Unduplicated Client served. In accordance with its SUrplus"deficit management policies, in order to maximize available funding and minimize the time that potential clients must wait for services, the Alliance in its sole discretion can reduce funding awards if the Provider is not spending according to monthly plans and is projected to incur a surplus at the end ofthe year. 3. Volunteer Activity Report The Provider shall submit an annual unduplicated report Of Volunteer hours on the format provided by the Alliance. The data collection period is from January I , December 31 for each calendar year. The data submission date is five (5) working days following the close of the contract period. 4, eC I RTS Reports: The Provider shall input OAA-specific data into eCIRTS, depending on the instructions provided by the Alliance, to ensure eCIRTS data accuracy. The Provider shall use C I RTS-generated (or eCIRTS generated) reports which include the following: a. Client Reports-, b. Monitoring Reports; c. Services Reports;and d. Outcome Measures Reports. e. Fiscal Reports f. Miscellaneous Reports 5. Program Highlights The Provider shall submit Program Highlights referencing specific events that occurred in the previous contract year by September I 01h ofthe current contract year.The Provider shall provide a new success story,quote,testimonial,or hurnan- interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Provider shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, in order to identify the specific individual or entity that performed the activity described in the highlight. The Provider shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest,and grammar, prior to submitting them to the Alliance. 6. Outreach Activity The Provider shall report on Outreach activities at least semi-annually using a uniform reporting format established by the Alliarce.The format must include the following information: number and type of provider events or activities; date and location; total number of participants at each event or activity; individual service needs identified; and referral sources or information provided. Reports must be Submitted by June 30 and December 31 of each contract year. At a minimum,the number of outreach activities required to be completed annually for the Provider must be consistent with the number of outreach activities referenced in the procurement dOCUrnents leading to this contract. Page 26 of 72 CN 00 Contract Number AA2529 7. Health and Wellness Reports The Provider shall submit Monthly Programmatic Reports for EBDPHP services. 'rhe Provider shall SUbrnit the monthly reports with the monthly billing; in accordance with Section 3.4 of this contract. Invoices submitted in accordance with Section 3A of this contract will not be paid Unless the programmatic reports are submitted with the billing.. The Alliance Contract Manager will provide an Excel spreadsheet with the following tabs: (Health and Wellness(one for each rnonth);Success Story (reported only in May)-, Partnership (one tab updated as needed);and a Statistical Breakdown Page. a. Information provided in the Monthly Prograninlatic Report must match CIRTS data and the Request For Playnient. b. The Provider shall review progirarn documentation to ensure documentation is cornplete and adequately SUPPOI-IS the information reported on the Monthly Prograrruriatic Report prior to subimitting a Request for Payment. The Provider will attest to the review in the "comments" section of the Monthly Programmatic Report and provide relevant information regarding the documentation as needed, c. Program documentation shall include all the following Oennents: Sign.-In Sheet or Attendance I...og; flyers or documentation demonstrating efforts to recruit participants and pirornote EBDP11P services provided; current facilitator certificates; copy of program license (if applicable); and any forms required by the specific prograrri. d. T'he provider shall ensure that pirogrann documentation includes a Sign-In Sheet or Attendance Log with date. time. name of prograni. participant names.,and name of program facHitator(s). If the Attendance I...og does not include a space for participant signatures,additional program documentation must be included with participant signatures that match the participant narnes and dates in the Attendance Log. (Exceptions may be approved by Alliance Contract Manager. Requests niust be made in writing and kept with program documentation. e. Participants must write and sign their narne on a prograim sign-in sheet or Attendance l-og. Attendance Logs with participant narnes typed or written in by the same person will not be accepted as program docurnentadon. If a participant refuses or is unable to write their own name and sign. the instructor may sign by 1proxy for the participant with a note on die sign--in sheet stating why it is necessary to do so (the note needs to be initialed and dated). f. The Provider shall abide by all program fidelity requirements and annually observe delivery of EBDPHI11 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. g. Hie Provider shall contact the Alliance Contract Manager in the event of an emergency or an exigent circumstance where the provider is unable to maintain an aspect of fidelity of the EBDPHP services (e.g... rninhnurn or maximum number of participants) before the end of the workshop. At the discretion of the Alliance Contract Manager, the service may be reirnbursed Under this contract-, however, if' the fidelity infraction is discovered after the program has finished, during the Request for Payment Process or a desk review, the Provider may not be reimbursed for the workshop or shall be requested to reimburse the Alliance the cost of the workshop. h. The Provider shall collaborate and partner with organizations to extend the reach of EBDPHP services. Partnerships shall be designed to sthnWate innovation of new approaches and activities hi EBDPHP services, development of'greater capacity, and leverage other funding sources, Partnerships shall also address building and sustahihag an infrastructure for the dissemination of E13DPI-IP services. This includes, but is not fin-6ted to, recruitment of trainers and participants,covering costs for licenses, and replicating program Fidelity. i. The Provider shall docurnent,and provide to the Alliance upon request,evidence of partnerships created formally through Memoranda of Agreement/Understanding. The provider will be required to keep track of partnerships in the Monthly Programmatic Report. Each month the Provider shall review and provide updates as necessary. 8. Florida Elder 1,aw Program(FELP) Report The purpose of the FELP reports is to coHect consistent and standard data to illustrate the range and type of legal assistance provided by the Provider to older persons in social or economic need. Providers funded for 1...egal Assistance shall submit the Florida Elder l-aw Program (FELP) report annually to the Alliance in the fbirniat provided by the Department to ensure that legal services reached the targeted groups and served the priority issue areas described in Artachnient 11, Section L4.1 of this contract.The Provider shall compile and report Page 27 of 72 M 00 Contract NUrnber AA2529 data using the definitions and specific instructions provided by the Department and the Alliance in the FFY 2022-2023 Florida Elder Law Program Data Collection Handbook. The reporting cycle for the FELP report is frown October I to September 30"'. The FELP Report includes the following areas: a. Cases and Client information b. OAAP Complaint Case Report A C. Case Examples d. Education Log e. Referred Frown Data f. Publications(optional) g. Unmet Needs(optional) "Individual clients are to be counted only once per calendar year. Reports must be submitted annually to the Alliance by October 15"' E. Records and Documentation 1. Requests for Payment The Provider shall maintain documentation to support Requests for Payment that shall be available to the Alliance,the Department,or other authorized agencies and individuals such as the Florida Department of Financial Services(DFS), upon request. 2. eCIRTS Data and Maintenance: The Provider shall ensure,on a monthly basis,collection and maintenance of client and service information in eCIRTS or any such system designated by the Alliance. Maintenance includes accurate and current data,and valid exports and backups of all data and systems according to the Alliance and Department standards. 3. Data Integrity and Back up Procedures: The Provider shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Provider functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure,offsite location. 4. Policies and Procedures for Records and Documentation: The Provider shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its Subcontractors.These policies and procedures shall be made available to the Alliance upon request. F. Performance Specifications I a Outcomes At a minimum,the Provider must: a. Ensure the provision►of the services described in this contract are in accordance with the current DOER Handbook and Section ILA. and Section II.C.of this contract; b. The Provider shall timely submit to the Alliance all reports described in Section. 11.13 of this contract; b. The Provider shall maintain all information described in Section I I.E.of this contract; d. The Provider shall ensure the prioritization and service provision of clients in accordance with Section II.A.2 of this contract; e. The Provider shall timely and accurately submit to the Alliance Attachments IX, X and supporting documentation in accordance with Attachment Vill of this contract. f. The Provider shall timely and accurately submit to the Alliance a Service Cost Report in accordance with Section 13.3 of this contract. Page 28 of 72 Iq 00 Contract Number AA2529 2. Criteria a. 660o of new service recipients with high-risk nutrition scores will improve their nutritional status. b. 650o of new service recipients will maintain or improve their ADL's assessment score. c. 62.30o of new service recipients will maintain or improve their IADL's assessment score. d. 890,o of family and family-assisted caregivers will self-report they are very likely to provide care. 3. Monitoring and Evaluation Methodology The Alliance will review and evaluate the performance of the Provider under the terms of this contract.Monitoring shall be conducted through direct contact with the Provider through telephone, in writing, and/or an on-site visit. The Alliance's determination of acceptable performance shall be conclusive. The Provider agrees to cooperate with the Alliance in monitoring the progress of completion of the service tasks and deliverables. The Alliance may use, but is not limited to,one or more of the following methods for monitoring: a. Desk reviews and analytical reviews; b. Scheduled,unscheduled,and follow-up on-site visits; c. Client visits; & Review of independent auditor's Compliance Reports,if applicable. e. Review of Independent Auditors Financial Report or third party compilation f Review of third-party documents and/or evaluation; g. Review of progress reports" h. Review of customer satisfaction surveys; i. Agreed-upon procedures review by an external auditor or consultant; j. Limited-scope reviews;and k. Other procedures as deemed necessary. G. Provider Responsibilities 1. Provider Accountability: All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Provider, and for which,by execution of the contract,the Provider agrees to be held accountable. 2. Coordination with Other Providers and/or Entities: Notwithstanding those services for which the Provider is held accountable involve coordination with other entities in performing the requirements of the contract, the failure of other entities does not alleviate the Provider from any accountability for tasks or services that the Provider is obligated to perform pursuant to this contract. H. Alliance Responsibilities 1. Alliance Obligations: The Alliance may provide technical Support and assistance to the Provider within the resources of the Alliance to assist the provider in meeting the required tasks in the above Section 11. 2. Alliance Determinations: The Alliance reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Alliance setting forth a specific reservation of rights does not mean that all other areas of the contract are Subject to mutual agreement. SECTION III: METHOD OF PAYMENT A. Payment Methods Used The Method of Payment for this contract is a combination of fixed fee unit rate,cost reimbursement,and advance payments, subject to the availability of funds and Provider performance. The Alliance will pay the Provider upon satisfactory completion of the Tasks/Deliverables, as specified in Section 11 and in accordance with other terms and conditions of the contract. Page 29 of 72 LO 00 Contract Number AA2529 1. Fixed Fee/Unit Rate Payment for Fixed Fee/Umt Rates shall not exceed amounts established in Attachment VII,per unit of service. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures, which are in accordance with the services specified in Attachment VII. All Cost Reimbursement Requests for Payment must include the Receipt and Expenditure Report beginning with the first month of the contract. 3. Advance Payments Non-profit Providers may request a monthly advance for service costs for each of the first two months (or 1/6")of the contract period and total contract amount, based on anticipated cash needs. For the first month's advance request,the Provider shall provide to the Alliance documentation justifying the need for an advance and describing how the funds will be distributed. If the Provider is requesting two(2)months of advances,documentation must be provided reflecting the cash needs of the Provider within the initial two(2)months and should be supported through a cash-flow analysis or other information appropriate to demonstrate the Provider's financial need for the second month of advances. The Provider must also describe how the funds will be distributed for the first and second month. If sufficient budget is available, and the Department's Contract Manager, in his or her sole discretion, has determined that there is justified need for an advance,the Department will issue approved advance payments after July I st of the contract year. All advance payments made to the Provider shall be reimbursed to the Alliance as follows: At least one—tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment(Attachment XI) for each Region being billed,starting with the invoice Submission of the third month activities and billing,in accordance with the Invoice Report Schedule(Attachment IX). B. Method of Invoice Payment Payment shall be made upon the Provider's presentation of an invoice subsequent to the acceptance and approval by the Alliance of the deliverables shown on the invoice and payment has been received from DOEA. The form and substance of each invoice submitted by the Provider shall be as follows: 1. A separate set of billing reports must be submitted for each County and further for each Region within the County. For billing purposes,County Wide Services are considered to be a Region and should be invoiced on a separate set of billing reports. 2. Request payment on a monthly basis for the units of services established in this contract,provided in conformance with the requirements as described in the DOEA Programs and Services Handbook,and at the rates established in Attachment VII of the contract. Documentation of service delivery must include a report consisting of the following: number of clients served,number of service units provided by service,and rate per service unit with calculations that equal the total invoice amount.Any change to the total contract amount requires a formal amendment. 3. For each Region,the Provider shall consolidate all subcontractors'Requests for Payment and Expenditure Reports that support Requests for Payment and shall submit to the Alliance using forms Request for Payment (Attachment IX), Receipt and Expenditure Reports(Attachment X) for all services. 4. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month of the contract. The schedule for submission of advance requests and invoices is Invoice Schedule, Attachment hill; 5. In the event that services were not billed during the regular billing cycle,the Provider may request payment for services no later than 90 days after the month in which the expense was incurred,except that requests cannot be made after the contract closeout date. Request for payment of services rendered 90 days after the month in which the expense was incurred will require approval of the contract manager prior to the billing Of Such incurred expenses. Late service billing requests will not be paid unless justification is submitted and approved by the contract manager; 6. The Provider shall maintain documentation to support payment requests which shall be available to the Alliance, the Department,and the Department of Financial Services,or other authorized state and federal personnel upon request;and Page 30 of 72 to 00 Contract Number AA2529 7. All payments under the terms of this contract are contingent upon an annual appropriation by the Legislature,and subject to the availability of funds. C. Payment Withholding and/or Financial Penalty Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of all financial and programmatic reports due from the Provider and any adjustments thereto, including any disallowance not resolved as outlined in this Contract. D. Final Invoice Instructions The Provider shall submit the final Request for Payment to the Alliance no later than 30 days after the contract period ends and as referenced in Attachment VIII. If the contract is terminated prior to the end date of the contract, then the Provider must submit the final request for payment to the Alliance no more than 30 days after the contract is terminated.Ifthe provider fails to do so,all right to payment is forfeited,and the Alliance will not honor any requests submitted after the aforesaid time period. E. eCIRTS Data Entries for Subcontractors The Provider must require Subcontractors to enter all required data for clients and services in the eCIRTS database per the DOEA Programs and Services Handbook and the eCIRTS User Manual - Aging Provider Network users (located in Documents on the eCIRTS Enterprise Application Services). Subcontractors must enter this data into the eCIRTS prior to submitting their requests for payment and expenditure reports to the Provider. The Provider shall establish deadlines for completing eCIRTS data entry and to assure compliance with due dates for the requests for payment and expenditure reports that Provider must submit to the Alliance. F. Providers' Monthly eCIRTS Reports The Provider must run monthly eCIRTS reports and verify client and service data in the eCIRTS is accurate. This report must be submitted to the Alliance with the monthly request for payment and expenditure report and must be reviewed by the Alliance before the Provider's request for payment and expenditure reports can be approved by the Alliance. G. Consequences of Non-Compliance: Should it be determined that the Provider is found to not be incompliance with any deliverables,aspects or requirements of this contract,the Alliance may: 1. Require a Corrective Action Plan(CAP) a. If at any time the Provider is notified by the Alliance's Contract Manager that it has failed to correctly,completely, and/or adequately perform contract deliverables identified in Section ILC and III.D, or any other contractual requirements of this contract, the Provider will have ten (10) business days to submit a CA-P to the Alliance's Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the Alliance's Contract Manager. The Alliance may assess a Financial Consequence for Non- Compliance on the Contractor as referenced in Section III.G.2.of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP.The Alliance may also assess a financial consequence for failure to timely submit a CAP. b. If the Provider fails to correct an identified deficiency within the approved time specified in the CAP,the Alliance may deduct financial consequence established in Section II I.G.2. of this contract from the payment for the invoice of the following month. c. If the Provider fails to timely submit a CAP, the Alliance shall deduct the amount established in Section III.G.2 of this contract.The deduction will be made from the payment for the invoice of the following month(s). d. Failure to submit a CAP may result in contract termination. 2. Financial Consequences a. Failure to Submit a CAP timely may result in a financial penalty LIP to the lower of$25,000 or 5qo of the Provider Contract amount and may be calculated on the totality of all Alliance funded contracts, depending on the area of non-compliance. b. Failure to correct an identified deficiency may result in a financial penalty Lip to the lower of$25,000 or 50o of the Provider Contract amount and may be calculated on the totality of all Alliance funded contracts related to the deficiency,depending on the area of non-compliance. Page 31 of 72 I­ 00 Contract Number AA2529 c. Failure to comply with established assessment and prioritization criteria as per Section II.A and as evidenced by eCIRTS reports may result in a financial penalty of the lower of$25,000 or 50o and may be calculated on the totality of all related Alliance funded contracts, depending on the area of compliance. A second offense may result in a financial consequence of the lower of$50,000 or 100,o and ma) be calculated on the totality of alliance funded contracts. d. Failure to provide services in accordance with the current DOEA Handbook,the service tasks described in Section II.A., and the Budget summary(Attachment XII),and/or failure to submit required documentation may result in a result in a financial penalty of the lower of$25,000 or 5% and may be calculated on the totality of all related Alliance funded contracts, depending on the area of compliance. A second offense may result in a financial consequence of the lower of$50,000 or 1010 and may be calculated on the totality of related Alliance funded contracts. e. Failure to perform management and oversight of the OAA Programs operations may result in a financial consequence of the lower of$50,000 or 10%and may be calculated on the totality of alliance funded IV. SPECIAL PROVISIONS A. Provider's Financial Obligations 1. Matching,Level of Effort,and Earmarking Requirement: The Provider must provide a match of at least 10 percent of the cost for services funded through this contract,except for Title II ID. The match will be made in the form of cash and/or in-kind resources. At the end of the contract period, all funds through this contract,except for Title IIID must be properly matched. 2. Management and Use of Service Dollars and Continuity of Service: a. The Provider is expected to spend all funds provided by the Alliance for the purpose specified in this contract. The Provider must manage the service dollars in such a manner so as to avoid having a surplus of funds at the end of the contract period. If the Alliance determines that the Provider is not maximizing available funding,the Alliance, in accordance with its Surplus/Deficit Fiscal policies, may transfer funds to other Providers and/or adjust subsequent funding allocations accordingly. b. The Provider shall ensure that contract services will be provided until the end of the contract period. In order to enable the Provider to better manage the services tinder this contract and to maximize the use of available resources, the Alliance has established a spending authority as identified in Budget Summary,Attachment VII. The Provider is responsible for managing the spending authority so that a continuity of service can be maintained for the maximum number of consumers.The Provider agrees to assume responsibility for any contractual deficit that may be incurred. 3. Consumer Contributions Consumer contributions are to be used tinder the following terms: a. The Provider assures compliance with Section 315 of the OAA as amended in 2006„ in regard to consumer contributions; b. Voluntary contributions are not to be used for cost sharing or matching; c. Accumulated voluntary contributions are to be used prior to requesting federal reimbursement;and d. Voluntary contributions are to be used only to expand services. 4. Budget Summary: The Alliance has established a spending authority based on services and rate detailed in the SPA and the Budget Summary,Attachment V11 and any revisions thereto approved by the Alliance. Any changes in the total amounts of the funds identified on the Budget Summary require a contract amendment. Page 32 of 72 00 00 Contract NUrnber AA2529 B. Remedies for Nonconforming Services I. The Provider shall ensure that all goods an&or services provided under this contract are delivered timely,completely and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. 2. If the Provider fails to meet the prescribed quality standards for services,such services will not be reimbursed under this contract. In addition, any nonconfon-wing goods (including home delivered meals) an&or services not meeting such standards will not be reimbursed under this contract.The Provider's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Provider shall solely bear the costs associated with preparing or providing nonconforming goods an&or services. The Alliance requires immediate notice of any significant and,,"or systemic infractions that compromise the quality, security or continuity of services to clients. 3. The Alliance will pass through to the provider any financial consequences imposed by the Department on the Alliance should the provider be at fault and/or cause for the imposed financial consequence. Any passthrOUgh financial consequences will be withheld by reduction of payment and will levy against the provider for the following: a. Delivery of services to eligible clients as referenced in Attachment 1,Section 11 of this contract Failure to comply with established assessment and prioritization criteria as evidenced by eCRITS reports. b. Services and units of services as referenced in Attachment 1,Section 11 of this contract—Failure to provider services in accordance with the current DEOA Handbook c. Administrative duties as referenced in Attachment 1, Section 11 of this contract—Failure to perform management and oversight of the program operations. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Provider or any Subcontractors and referred to a governmental or investigatory agency must be sent to the Alliance which will in turn forward the information to the Department. If the Alliance has reason to believe that the allegations will be referred to the State Attorney,a law enforcement agency,the United States Attorney's office, or other governmental agency, the Alliance shall notify the Inspector General at the Department immediately. A copy of all documents,reports, notes or other written material concerning the investigation, whether in the possession of the Provider or Subcontractors, must be sent to the Alliance which will in turn send the material to the Department's Inspector General with a summary of the investigation and allegations. D. Volunteers The Provider shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Provider shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out federal service programs administered by the Corporation for National and Community Service),in community service settings. E. Use of Service Dollars and Management of Assessed Priority Consumer List The Provider is expected to spend all federal,state,and other funds provided by the Alliance for the purpose specified in the contract.The Provider must manage the service dollars in such a manner so as to avoid having a surplus of funds at the end of the contract period, for each program managed by the Provider.The Provider understands and agrees to the reallocation of funding as described in Attachment 1, Section II.E.3.of this contract. F. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Provider or any subcontractors and referred to a governmental or investigatory agency must be sent to the Department and the Alliance.Ifthe Provider has reason to believe that the allegations will be referred to the State Attorney,a law enforcement agency,the United States Attorney's office,or governmental agency, the Provider shall notify the Inspector General at the Department immediately. A copy of all documents, reports, notes,or other written material concerning the investigation,whether in the possession of the Provider or subcontractors,must be sent to the Department's Inspector General with a summary of the investigation and allegations. G. Rate Increase Thresholds Rates may only increase from one contract year to the next at a rate consistent with the annual rate of inflation in the Page 33 of 72 0) 00 Contract Number AA2529 Consumer Price Index(CPI)percentage change for all items as determined by the Bureau of Labor Statistics for the 12- months prior to the Department's required Area Plan submission date and as per the Alliance policy incorporated her in by reference. See http ,: WWW-M& y'chai(s nsun,_,ier,-A)rice �inde\�constmier,,.p......................... . ... ..,Jce Ji dexj?,y � J,I ii In order to receive the rate increase: 1. 'The Provider must submit a written request to receive a rate increase as described in the previous paragraph. The written request must be received no later than September 15 for the new rate beginning in the following contract year. 2. Should the requested rate increase exceed 5%of the current year's rate,the Provider must provide: a. A detailed written justification describing the reason(s) for the interim rate adjustment. This explanation shall include a detailed assessment of potential organizational and client impact. The written justification shall provide sufficient detail for the Alliance to review, identifying the service or commodity component(s) that are increasing Provider costs; b. Supporting documentation for the written justification-, c. A current rate and a requested rate unit cost methodology; d. A simplified Unit Cost Methodology 3. Note: All rate increase thresholds mentioned in the above language is cumulative from rate at the time of contract execution. Page 34 of 72 C) 0) Iq Contract Number AA2529 ATTACHMENT 11 AT-FACHMENTII FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Alliance to the provider may be subject to audits and;'or monitoring by the Alliance arxlbr the Department as described in this section. I. MONITORING In addition to reviews of audits conducted in accordance with 2 C F R Part 200 (forrnerly OMB CircularA-133, as revised), and s. 215.97, F.S.,(see "AUDITS,' below), monitoring procedures may include, but not be limited to, on-site visits by the Alliance an&or the Department staff, limited scope audits as defined by OMB Circular A-133, as revised, arid/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 Alliance and/or the Department to the Provider regarding such audit. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Alliance and/or the Department. AUDITS PART 1. FEDERALLY FUNDED This part is applicable ifthe provider is State or local government or anon-profit organization as defined in OMB Circular A- 133, as revised. In the event that the Provider expends $1,000,000.00 or more in federal awards during its fiscal year, the Provider must have a single or program-specific audit conducted in accordance with the provisions of 2 C F R P art 2 00. EXHIBIT 2 to this agreement indicates federal resources awarded through the Alliance by this agreement. In determining the federal awards expended in its fiscal year, the Provider shall consider all sources of Federal awards, including federal resources received from the A I I i an c e. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 C F R Par t 2 0 0. An audit of the Provider conducted by the Auditor General in accordance with the provisions of 2 C F R P a r t 2 0 0, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1,paragraph 1,the Provider shall fulfill the requirements relative to auditee responsibilities as provided in 2 C F R P a r t 2 0 0.5 0 8. If the Provider expends less than $1,000,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C F R P a r t 2 0 0, is not required. In the event that the Provider expends less than $1,000,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C F R P a r t 2 0 0, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Provider resources obtained from other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any rules,regulations, or statutes referenced in the agreement.The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance and/or the Department shall be fully disclosed in the audit report with reference to the Alliance agreement involved. If not otherwise disclosed as required by 2 C F R P a r t 2 0 0.5 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 tinder this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Provider's fiscal year end. Page 35 of 72 Contract Number AA2529 PART If: STATE FUNDED This part is applicable ifthe Provider is a non-state entity as defined by s.215.97(2), F.S, In the event that the Provider expends,a total amount of state financial assistance equal to or in excess of$750,000.00 in any fiscal year of such Provider(for fiscal }ears ending September 30,2004 or thereafter), the Provider must have a State single or project- specific audit for such fiscal year in accordance with s. 215.97,F.S.;applicable rules of the Department of Financial Services-,and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organ i zations), Rules of the Auditor General. EXHIBIT 2 to this agreement indicates state financial assistance awarded through the Alliance by this agreement. In determining the state financial assistance expended in its fiscal year,the Provider shall consider all sources of state financial assistance,including state financial assistance received from the Alliance, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1, the Provider shall ensure that the audit complies with the requirements of s. 2 15.97(8), F.S. This includes submission of a financial reporting package as defined by s. 215.97(2), F.S., and Chapter 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. If the Provider expends less than $750,000.00 in state financial assistance in its fiscal year(for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of s. 215.97, F.S., is not required. In the event that the Provider expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of s. 215.97, F.S., the cost of the audit Must be paid from the non-state entity's resources (i.e.,the cost of such an audit must be paid from the Provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any applicable rules, regulations,or statutes.The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance shall be fully disclosed in the audit report with reference to the Alliance agreement involved.If not otherwise disclosed as required by Rule 691-5.003, F.A.C.,the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Alliance in effect during the audit period. Financial reporting packages required tinder this part must be submitted within 45 days after delivery of the audit report, but-no later than 12 months after the Provider's fiscal year end for local governmental entities.Non-profit or for-profit organizations are required to be Submitted within 45 days after delivery of the audit report, but no later than 9 months after the Provider's fiscal year end. Notwithstanding the applicability of this portion,the Alliance retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. If. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200,and required by PART I of this agreement shall be Submitted,when required by 2 CFR Part 200.5 12,by or on behalf of the Provider directly to each of the following: The Alliance at each of the following addresses: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 10711 Avenue Suite 214 Miami, FIL 33172 Page 36 of 72 C14 Contract NUrnber AA2529 For fiscal year 20 13 and earlier to the Federal Audit ClearhlghOUse designated in 2 CFR §200.36 at the following address: Federal Audit C Ilea H nghouse Bureau of the Census 1201 East 10... Street ,Jeffersonville, IN 47132 For fiscal year 20 14 and later, pursuant to 2 CIFIR §2K5 t 2, the reporting package and the data collection form must be submitted electronically to the Federal Audit Clearinghouse. Pursuant to 2 CFR §200.5 12, all other Federal agencies,pass-thrOUgh entities and others interested in a reporting package and data collection form must obtain 4 by accessing the Federal Audit 0earinghOUSe. The Provider shall submit a copy of any management letter issued by the auditor, to the Florida Department of IDder Affairs, via the Alliance, at tile following address: Alliance for Aging,line. Attin: Fiscal Department 760 NW 107'h Avenue Suite 214 Miami, FL, 33172 Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment, Part 11 shall be submitted by or on behalf of tile Provider directly to each of the following: The Florida Department of Elder Affairs, via the Alliance,at the following address: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 107111 Avenue Suite 214 Miami, FL 33172 The Auditor General's Office at the following address: State of Florida Auditoir General Claude Pepper Building, Rooni 574 1 If West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter,or other information reqUired to be submitted to the Department pursuant to this contract shall be submitted timely in accordance with 2 CFR Part 200, Florida Statutes, and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. Providers, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the ALiditor General,should indicate the date that tile reporting package was delivered to the Provider in correspondence accompanying the reporting package. PAIRTIV: RECORD RETENTION Tile Provider shall retain sufficient records demonstrating its compliance with tile terms of thus contract for a period ot'six (6) years frorn tile date the audit report is issued, and shall allow the Department or its designee, the C170 or Auditor General access to such records upon request, 'Hie (Provider shall ensure that audit working paper,., are made available to the Alliance and'or the Department or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unIess extended in writing by the Department. Page 37 of 72 Contract Number AA2529 ATTACHMENTII FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT I PART 1: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500, and/or s. 215.97, F.S.. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 11 of Exhibit I is met. Providers who have been determined to be vendors are not subject to the and it requirements of 2 CFR Part §200.38, and/or s.215.97, F.S. Regardless of whether the audit requirements are met, Providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part §200 and/or Rule 691-5.006, F.A.C.,Contractor has been determined to be: Vendor not subject to 2 CFR Part§200.38and,"ors.215.97,F.S. X Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or s. 215.97, F.S. Exempt organization not subject to 2 CFR Part §200 and/or s. 21 5.97, F.S. For Federal awards, for-profit organizations are excrnptl- 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. NOTE: If a Provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the Alliance to subcontract,they must comply with s. 215.97(7), F.S., and Rule 691-.5006, F.A.C. [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 §200.416-Cost Principles* 2 CFR Part §200.201- Administrative Requirements** 2 CFR Part§200.500- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFrr ORGANIZATIONS MUST FOLLOW: 2CFR Part§200.400-.41 1-Cost Principles* 2 CFR Part §200.100-Administrative Requirements 2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)MUST FOLLOW: 2 CFR Part §200.418-Cost Principles* 2 CFR Part §200.100-Adi-ninistrative Requirements Page 38 of 72 Contract Number AA2529 2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted inthe 2 CFR Part §200.400(5)(c). "For funding passed through U.S. Health and Fluman Services, 45 CFR 92; for funding passed through U.S. Department of Education, 34 CFR 80. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient must comply with the following fiscal laws,rules and regulations: Section 2 15.97, Fla. Stat. Chapter 691-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations The Remainder of This Page Left Intentionally Blank Page 39 of 72 LID 0) dq Contract Nttmberr AA2529 oA`111'"II'nACIIII l IEN T $$ II"IIIN"VAN C IIIA III...,, AND COMPIII...aIIIAN CIII; aAIJDIIIF ATTACHMENT III:< IIITIIBIIIT 2-FUNDING StJM ARV �")de 2 CII'RR§r2UJ€J.3::tR,as rrevfsed. and s.2U.5.97, L.S..rreaparcire float ixnfaso`unnaation aabouut Federal Programs and State Projects included in FA11'"R'A G:R l M R N"C 11. Exhibit l be provided to the recipient.Unfammatioxn contained is as prreuVocfio n of faunndiim�g souirrces and irdited aannou nts based on the contract budget. 1. R=1L IDU R2rAR. RRRi:SoD JR2CES AW ARRI)EII.)"R"t7"R`R RR::SUJILBR2R C;IIR'RR°N R R"U..JR2SUJAN"II••U'0'11'R-IIRS Co 1'J`R'RR.fAG:"°R`CONSUS'1' 01;'J I H .................................. P ROGRANI'11 IR°p LE FUNDING SOLJ1111 E Cw°IUa'D A ,A;AIO UNI ..................._-..........................._............,,_._....................................._.,...................,.............._......................,..................................................................................................................._.........._...................................................................................................._.............................................."............................................................................. ... Older Americans act U.S. RRcadth aaxrod Rlaxrmaann Services 93.044 $69.2R 1.00 Ride IIRRR3-..Sun r�smu�Serr®�ia.e................................................ _.... _ ._ ....- ......... .... .... SJNeBcrr Aunnceua sots act U.S. IUeaaUth and RUnnnxaam Services S1138.UJ�d6J 00 1........ 1xtUe. HK.,I......`�"aangreyaate IMeaalls... GfxtdllerrR qCn�rrkans Act U.S, R Ueaallth and 11 luamaaun Serry Ices r9E3,045 $238.A.00.00 RRoime 1Dchverred Meaak Older Aunnc°dcaans Act U.S. II NeaaW4 and RUuunnroaann Services 9.3.043 $29,450.00 U..itk MID ................... . F... ...................................................................................................................................................... Older woos...'ua,arn Act Tide RRRR3 Caregkerr Support Services c 583�.,2GiQU.G7UU 'n ae IIHEC3 G:"aare..i U.S. ILRealth and Human Serrr ices 73.052 � $3SI.000.00 U'idc RRR ES.......Cawnegi� e:irSk.a 1j1l!alag5eirv':ce vices 578.360.00 ................................................................... v n 2• Older A nicric arns Act U.J.S.. R ReaaltRn and Human 4eirs iices 93.053 Services Nr,atx-itiicann aa,crry xee.s prcnceunCiiw Ifa rreroi rraaann (.',OIA I"11..,RANG.;[ RREQU.JpRl-'Mi..-, R'S APPS ..,V4.A BLE I'(-..)"p"p-pl IF D17R AU_ ICU oS ..I 2Cp:S AW ARD lD U'U R.StJAN'.p p..0.p.HIS d::ON'II'UYFaCA' ARRRL:',AS R°G:BU_,IL.,0"AA S: p"8:U"Dp=UiJllf.U=UINllDS:. 2 CFUR Part 200-UJnilon°nnn Adxnninnisuative Re.q uirreunxiemts. Cost U'rrinncipa es. and Audit RegLdrreunrne;xnts for Federal FAm anrrds.Ot"IB Chru llam A-133- A uci is crf taata'.-s..ILerc,aaN Gmernnmrnem�ts. and Non-Prof a Organizations 2, S II A'B'U pt11=;SOUJ UZCU-S ?A W FAR.If.)Eil:J'11'0'U U NII;Rl-Cll[)IEN'I['PU RSU..I N'l''11'0'1'11 ppS('(.:) 'p R AC:l'CONSB "IC'dip: U i ll_, If 011 OWING: G:. MATCHING HINGi RII SOUJC E'S FOR R U:D RAIL,PROGRAMS PR OGRtrAiM 1 R R R..,II] R-UJNRJRNG"sG.B R CE G.,`R'119FA AMG.IU.JNI ......................................................................................................................................................................................................... ................. ......... m................................................... ............................................................ 'ro'FAL.STATE AWARD STATE E FINANCIAL ASS FANCL SUJRJJR::C 1 10 sec:.2R5.9°7'. -.S. .........................................................................................................................................................................................................................................._...................-........................................_............................................................................................................................................. PROGRAM ITFIl.E fI NIIANGi SW`RAG:F CJFID A �APv OU.JN R TOTAIL AWARD COMPLJANCE, RRE.QUJRRUuME--NTS fAU"U"p..,RG-;A BLp°.TO ST A U'pJ R ES 0(JR2C."U:JS AW AU21f.)UJRD P JRSUJAN-F T0-1-1-111S CON-11 R ACT ARE AS FCBR..,p_,GJws Section 215.97,li.S- Chapter 69U-5. II'.aA.C.,, IRm fereitice G:'uanide^ for State Expnein�dituurres,G:Jtllroer fiscal requuirrernents set forth inn prrogrann laevs eu lcs and u�egaulatio ns. Page 40 of 72 cfl Contract NUrnber AA2529 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA will not award this Contract Unless the Provider conipletes these CERTIFICATIONS AND ASSURANCES in performance of this contract. The Provider provides the following certifications and assurances: A. Debarment and Susnension CertiflcationJ29 CFR Part 95 and_45 CFR Part 751 B. Certification RPgyrfijflp.Lo4 ALing,jZ9 CFK Part 13 and 4!E.C!FR Part MI C. Nondiscrimination and 45 CFR Dart 801 D. Certification Re aardimy Public Entity Crimes section 287.133 1 , F.S. E. Association of Co ions Assurance Pub.L. 111-117 F. Certification 11414mardi 1 Scrutinized Co )anies Lists section 287.135,F.S. G. Certification RI-Varcli-W Data Interity Coliance for Contracts, Agee ants® Cirants� I Dens ARI C LooDerative Agreements H. Verification of EMIAM-ment Status Certification 1. Records and Documentation J. Certification Reqiyardh In---ection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTIIER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION. 'rhe Undersigned Provider certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarnient, declared ineligible, or voluntarily excluded from covered transactions by a federal departinent or agency; 2. 1-fave not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them for conirnfission of fraud or critninal offense in connection with obtaining,attempting to obtain, or performing a public (Federal, State, or local)transaction or contract tinder a public transaction; violation of Federal or State antitrust statutes or conirnission of ernbezzlernent, theft, forgery, bribery, falsification or destruction of records, raking false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local)with cornrnission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. I-lave not within a three-year period preceding this application/proposal had one or core public transactions (Federal. State, or local)terminated for cause of default, The Undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, vendors, stib-grants and contracts under grants, loans and cooperative agreements) and that all stib recipients and contractors shall provide this certification accordingly. Page 41 of 72 Contract Number AA2529 B. CERTIFICATION REGARDING LOBBYING - CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS. The undersigned Provider certifies, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or wi I I be paid, by or on behalf of the Undersigned, to any person for influencing or attempting to influence an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement . and the extension, continuation, renew al, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,all officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement,the Undersigned shall also complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instrLICtiOlIS . The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts Linder grants, loans, and cooperative agreements) and that all Rib- recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each SLICII failure. C. NON-DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). -As a condition of the Contract, Provider assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully achnitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted prograrn or activity. 2. Title V1 of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and I-ILInian Services(45 CFR Part 80),to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin . be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and FILlman Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of.or be subjected to discrimination tinder any program or activity for which the Applicant receives Federal financial assistance from the Department. 4.The Age Discrimination Act of 1975 (Pub. L. 94-135). as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Hunian Services(45 CFR Pail 91),to the end that. Page 42 of 72 00 0) Contract Number AA2529 in accordance with the Act and the Regulation, no person in the United States shall. on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination Linder any program or activity for which the Applicant receives Federal financial assistance from the Department. 5.'Fitle IX of the Education Amendments of 1972 (Pub. L. 92-3 18), as amended, and all requirements imposed by 01- pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be eXClUded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Department, 6.The American with Disabilities Act of 1990 (PLib. L. 101-336). which prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training° and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave,fringe benefits, and all other employment-related activities. Providers also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Provider's operation of the WIA Title I -financially assisted program or activity, and to all contracts, Provider makes to carry 01.11 the WIA Title I - financially assisted program or activity. Provider understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The Undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts Linder grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES,SECTION 287.133, F.S. Provider hereby certifies that neither it,nor any person or affiliate of Provider, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Provider understands and agrees that it is required to inform DOEA immediately Upon any change of circumstances regarding this statLIS. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE(PUB. L. 111-117). As a condition of the Contract, Provider assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act,2010,Division E,Section 511 (Pub. L. I I 1-117). The Continuing Appropriations Act, 2011. Sections 101 and 103 (Pub. L. 111-24 2), provides that appropriations made Linder Pub. L. I I 1-117 are available under the conditions provided by Pub. 1— 1-1 117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts Linder grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. F. CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS,SECTION 287.135,F.S. If this Contract is in the arnount of$1 million or more, in accordance with the requirements of Section 287.135, F.S., Provider hereby certifies that it is not participating in a boycott of Israel, is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria. Both lists are created pursuant to Section 215.473, F.S. Provider understands that pursuant to Section 287.135, R&, the submission of a false certification may subject Provider to civil penalties, attorney's fees, and/or costs. Page 43 of 72 Contract NUrnber AA2529 If Provider is Unable to certify any of the statements in this certification, Provider shall attach an explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS,GRANTS,LOANS AND COOPERATIVE AGREEMENTS 1, The Provider and any SUbcontractors of'services under this contract have financial management systems capable of providing certain information, inclUding: (1) accurate, CUrrent, and complete disclosure of the financial results of each grant-funded project or prograrn in accordance with the prescribed reporting reqUirernents,- (2) the source and application of funds for all contract supported activities-, and (3) the comparison Of outlays with budgeted arnounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have riot been accounted for properly. 2. Management Information Systems used by the Provider, subcontractors. vendors, or any outside entity oil which the Provider is dependent for data that is to be reported,transmitted,or calculated, have been assessed and verified to be capable of processing data accurately, including; year-date dependent data. For those systerns identified to be non-compliant, Provider will take immediate action to assure data integrity. 3. If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology,the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions or these products offered by the Provider (represented by the Undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software prograrns from operating properly,the Provider agrees to in-n-nediately make required corrections to restore hardware and software prograrns to the same level of functionality as warranted herein,at no charge to the state,and without interruption to the ongoing business of the state,time being of the essence. 5. Tile Provider and any subcontractors and/or vendors of services Under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. Ff. VERIFICATION OF EM PLOY MENTSTATUS CERTIFICATION As a condition of contracting with the Florida Department of Elder Affairs, Provider certifies the Use of the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the Provider during the contract term to perform employment duties pursuant to this contract and that any subcontracts include an express requirement that subcontractors and/or vendors performing work or providing services pursuant to this Contract utilize the E-verify system to verify the employment eligibility of all new employees hired by the subcontractor and/or vendor during;the entire contract term. The Provider shall require that the language of this certification be included in all SU b-agree ments, sub-grants, and other agreements contracts and that all subcontractors and/or vendors shall certify compliance accordingly. This certification is a material representation of fact Upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Circulars A-102 and 2 CFR Part 200, and 215 (formerly OMB Circular A-I I 0). L RECORDS AND DOCUMENTATION "The Provider agrees to make available to Department staff and/or any party designated by the Department any Page 44 of 72 C) C) LO Contract NUrnber AA2529 and all contract related records and documentation. The Provider shall enSUre the collection and maintenance of all program related information and dOCUrnentation on any SLICh systenn designated by the Department. Maintenance includes valid exports and backups of all data and systerns according to Department standards. J. CER,nFICATION REGARDING INSPECTION OF PUBLIC RECORDS t® In addition to the reciLdrernents of sections, l0.1, 10.2 of the Standard Contract. and 119.0701(3) and (4) F.S., and any other apphcaWe law, ifacivH action is commenced as contemplated by Section 119.070 l(4), F.S., and the Department is narned in the civil action, Provider agrees to indernnify and hold harmless the Department for any costs inCUrred by the Department, and any attorneys' fees assessed or awarded against the Department from a Public Records Request made pursuant to Chapter 119. F.S., concerning this contract or services performed thereUrider. a. Notwithstanding Section 1 19.070 1, F.S., or other f1orida law, this section is not applicable to contracts executed between the Department and state agencies Or SUbdivisions defined in Section 768.28(2). F & 2. Section 119.0 1(3), F.S.,states if public f[Inds are expended by an agency in payment of dues or membership contribUfiMS for any person, corporation, toUnclation, trUSt,association. grOUP, or other organization, all tile finan6al, business,and rnernbership records Of Such all entity which pertain to the public agency (Florida Department of Elder Affairs) are public records. Section I 19.07, F.S, states that every person %A ho has CUstody of such a public record shall permit the record to be inspected and copied by any person desiring to do SO, Under reasonable cirCUrnstances. Additionally, I certify this organization does—does not */provide for institutional nnernberships. Provider's signature belo%% attests that records pertaining to the dues or rnernbership application by the Alliance and the Department are available for inspection as stated above. By execution of this contract. Provider MUSt include these provisions in all related subcontract agreements (if applicable). By exeCUdOn of this contract, Provider n1USt iflClUde these provisions (A-J) in ail related subcontract agreernents (if applicable). By signing below, Provider certifies the representations OUtfined in parts A through J above, are trine and correct. 1100 Simonton Street,2n' Floor ........... au and Aa �hoir­ I tre e , aized Representative , g u Street Address Monroe County Board of County Commissioners, Social Services/In-Home Services I Z, 216 Ke West FL 33040 ................................................................................................................. ......... =*42*6 Provider Name Date City,State,Zip code Page 45 of 72 LO Contract Number AA2529 ATTACHMENT V1 ASSURANCES—NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data wmunuea, gathering and maintaining the data needed and completing and reviewing the collection o[information. Send comments regarding the burden estimate or any other aspect of this collection of information, including ouggesdons for reducing this burden, to the {)Oice of Management and Budget. Paperwork Reduction Project(0348-0043), Washington, [)C2O503. PLEASE DDNOT RETURN YOUR COMPLETED p0RKN T0 THE OFFICE 0P M/\N/\GEyNENT/\ND 8O[)OET, SEND ITTQTHE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain mf these assurances may not be applicable <m Your project mrpnugrom. )[you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants 10 certify tmadditional assurances. (f Such iythe case,You will be notified. \. Has the legal authority to apply for Federal oaaimiunme, and the institutional, managerial and financial capability (including funds aufficien<to pay the non-Federal share mfproject cost) to ensure proper planning, management, and completion of the project described io this application. 2. Will give the awarding agency, the Comptroller General of the United States,and if appropriate,the State,through any authorized representative, uoueus to and the right to examine all records, books, papery, ordouumen1a related to the award; and will establish a proper accounting xys1em in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for 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 frarne after receipt of approval mf the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of\978(42U.S.C�4728-4763) relating Lo prescribed standards for merit aymtem* for proAnnmx funded Linder one ufthe \9 statutes or regulations specified |n Appendix /\ mf0PM's Standards for aMerit Syotemo[Personnel Administration (5C.P.R. VO0, Subpart F). 6. Will comply with all Federal statutes relating to nondiaodmination. These include but are not limited to: (a)Tide \/| of the Civi| Rights Act of)g64 IT`.[. 88-352) whiuhpnmhihiiadiachminationoaihebaaimmfrace,co|ormrna1ionm| origin; (6)7iduI}{ofthe Education Amendments of\q72,oammcoded(2OO.S.C. \68\'|683,and \685'\686),which prohibits discrimination on the basis nf sex;(c)Section 5O4o[the Rehabilitation Act mf\P73,ao amended(2yU.S.C.794),which prohibits diaocimination on the basis of handicaps; (d) the Age Qimcrimination Act m[ \975, as amended (42 U.S.C. 6101-6107), which prohibits di scri rni nation on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PJ_ 91-616), as amended, relating to nondiscrimination onthe basis of alcohol abuse nra|umho|imm,-(A)523 and 527o[the Public Health Service Act u[\g\2 (42 U.S.C. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (k)Title\/l\[ mf the Civil Rights Act mf\A68(42 O.S.C. J6O) ataeqj,aammended, relating tonondiyorirni nation inthe sale, rental or financing mfhousing; (I) any other nmndiscrimination provisions in the specific atu1utC(S) Linder which application for Federal aemimConoe is being made; and 6) the requirements of any other nondiscrimination statute(s) which may apply 0m the application. 7. Will comply, or has already complied, with the requirements ofTitles l| and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pl. 91-646) which provide for fair and equitable treatment of persons displaced or whose property |s acquired uau result o[Federal or federally assisted progrmma.These requirements apply toall interests in real property acquired for project purposes regardless ofFederal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act(5U.S.C� 5U\-\5O8 and 7324-7]2Q), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 0� Will comply, am applicable, with tile provisions of the Davis-Bacon &ci(4A U.S.C. 276uto276a-7), the Copeland Act (40 U.S.C. 276u and 18 U.S.C. 874)and the Contract Work Hours and Safety Standards Act(48 U.S.C. 327-33]), regarding labor standards for federally assisted construction sub agreements, Page 46of72 LO Contract Num6cr/`A2S29 10. Will comply, if applicable, with flood insurance purchase oquirernents of Section 102(a) of the Flood Disaster Protection Act of 1973 (p.L 93-234) which requires recipients in u special flood hazard area to participate in the prograrn and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or mone� 11. Will comply with environmental standards which may be prescribed Pursuant to the following: (o) institution of environmental quality control meumorem under the National Environmental Policy /kui of 1969 (P.L 91-190) and Ezcoutive Order (B(]) 11514; (b) notification of violating facilities pursuant to EU 11738; (c) protection of wetlands pursuant ioE() | |99O; (d) evaluation mf flood hazards in0ondp|ains in accordance with G0 | |A00; (e) assurance of project consistency with the approved State management prograrn developed Linder the Coastal Zone Manugemeni/kct of |g72 (16 U.S.C. 1451 etseqj; (UoonKonni\yof Federal actions io State (Clear Air) |mp|emeN&bon Plans under Section }76(c) mfthe Clear Air Act of \055, as omendcd (42 O.S.C. 7401 etsegj; (A) protection of underground sources o[drinking water Under the Safe Drinking Water Act of |974, usumunded, (Pl. A3-523); and (h) prmicciion nf endangered species Linder the Endangered Species Act uf\A73, uyumcndcd,(PLA3'2U5). 12 Will comp)y with the Wild and Scenic Rivers Act wf|968(|6O.S.C. 1721 etoeg] related iu protecting compmnentsor potential mamponenisof the national wild and scenic rivers uystem. 13. Will mmaiyt the awarding agency in assuring cmmp|imnuewith Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E() 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act o[ |V74(|6U.S.C. 46Aa-| eiyeql 14. Will cnmp|y with Pl.93-348 regarding the protection of human Subjects involved in research,developinent,and related activities Supported bv this award ofassistance. 15. Will comply with the Laboratory /knimu| Welfare Act o[ 1A66 (p.[. 89-544, um amended, 7 U.S.C. 2131 e\ oeqj pertaining iothe care, handling,and 1reuAnent o[wunn-blooded animals held for research, teaching, or other activities muppmrtcdby this award o{assistance. 16. Will cmnp|y with the Lead-Based Paint Poisoning Prevention Act(42 O.S.C. 4001 eiseqj, which prohibits the use of lead- based paint inmanui,uchonor rehabilitation of residence Structures. 17. Will cause to be per[bnned the required hnuocio| and compliance audits in accordance with the Single Audit /\ut Amendments of 1948 and 0M0 Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this prugram. Monroe County Board of County Commissioners, Social 12,1 Z&I Z024 Services/In-Horne Services Page47 of72 M O in Contrast N1➢➢nber AA2529 ATTACHMENT V I CONTRACTC eCIRTS SUMMARY FOR THE AGENCY Reon Er on B Coun Wide 'Total Maximum Maximum7 � MaximumMaximum Service MaximumMaxima maximum Maximum Program Services to be Provided Units of Units of Units of Units of Unit to Service Do Service Do Service Dollars Service Drift ars .... _,,...,., Ox1313 C omani ronsha S8,G tb ______. 591..........2 240 Oa 59 $ 2140 IXi - 118 $ 4,48000 0A3r3 Escaxt $ 25.857 2 24a 00 87' S 2 4Cl 173 $ 4,48000 S .. A313 homemaker $ 38.00... _. 362 13,76000 362: S 13760 724 S 27520.00 OA313 Personal Care S.,....._ 45,,00 306 13„760 00 306 $ 13 760 00 612 S 27,52000 l.M"., .. . _..,.,_.... 0A313 Screening&Assessment $ 90.0a 29 2,60550 29 $ 2,60550 58 S 5 211,00 03C 1 C"ern re ate fi6tea➢s $ ➢5„00 4„410 66„150(K) 4 410;r11$ 66150 00 8 820 S 132 300.00 �.....,_....�. -,,,.,.,n.., 03C l Cenn�re ate la<Iea1 IvIH.rC $ 15.00 S $ 03C 1 C oneate fi teals Cnaest S ➢ 00 $ $ .. ... .. ... 03C 1 Con e ate Meals Volunteer s 15.00 $ S 03C 1 1snccnr C'we$reatc kieals $ 15.00 50 750 00 50 $ 750 00 100 $ 1 5....0....0....00 .. �..___ .... L......_...._._. ,.n,.�...". .�,�. 03C➢ Nutrition Education $ 2.25 1. Mom 133 $ 300.00 267 S 600.00 _._.... _ _...,., .... _ _ ... ... 03C 1 Nutrition Counseling, 95 00 3 .3. 00 3' $ 300 00 6 S 00 03C1 C"oaagregate Meals Screening S 45.00 33 1,500.00 33 $ 1,500;Oa 67 S 3,00000 C 3C2 home Delivered Meals Frozen S 10.00 10,711 107,107 0a 12„348 li ➢23,477,00 23,058 S 230,594.00 03C 2 Delivered Shell deals $ 15.00 60 900.00 67 S 1,000,00 l27 S ➢ 00 03C2 PCutritoon FAucataciasa $ 225 133 30000 311 $ 70000 03C2 Nutrition Counseling $ 9500 3 300 00 4 S 00 7 S 700.00 03C2 Scree g Assessment $ 90.00 21 1,893.00 25 $ 2,223,00 46 $ 4,11600 ... rn➢aanced hitrees 6Fntish $ 150 00 m S 160 24, 00 160 00$ 24,000 013D __ 2A3D ('°hranic Disease Self Management $ 2,651.67 S 2 5,450,00 2 S 5„450 W Ym 020 N) 110 $ W22�L0 Oa 220 5 44 040 00 OA3E Adult Da Care $ ... 200,00. ... _ .m.,➢10 ._.._m _,.._.,m.,... _. . ._ ....,_.0 iteelaeta>In➢iantte... $ 45.00 fi35 28,560 00 $ - 635 S 28,560 00�es�aio1asduty $ ISgO 2000 3a000W „w 2�133w $ 2C6 00 __._ 4133 S 6106 00 OA3L _w _m .. .. .,.,,,,... "__ ..._._,_. OA3E Screening 6c Assessment $ 90,00 11 99600 7":$ 664,00 - 18 S 1,66000 OA3EGo $ 44.98 6A3EO Sher ........... . 1000..� ... ...w..ona Delivered S 1000 2,000 20,00000 2,000 $ ?.0,00a.00 0A3ES Chore S 40.00 $ 500 20, 00 Sao $ lu,C1ug w 0A3E_ 1. _. __....... : ...... .,m 2� .... r 5 I»nhanced C,hears $ 45 00 $ lfil 750,00 161 $ 7250,(X) OA3ES Material Aide C".cast Iterrnb $ 11 a0 S 15200,00 OA31 S Specialized oa RQ¢Medical ,._.. _... ,. ....... .. ... .._. ..-... ._' _.._ +.. ...,21„110 a0 OA3➢"„ 1 rovemenfl Cost�eaub S 15 00 $ i 5 00 al➢q ent dr.Supplies Cost Reunb S 2Il,1Il0, TOTAL $295,681.50 S 285,789.50 S 137,810.00 S 719,281.An Page 48 of 7 Iq CD LO Contract Number AA2529 ATTACHMENT VIII OLDER AMERICANS ACT CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Report Number Based On Submit to Alliance On This Date I January Advance* January 6 2 February Advance* January 6 3 January Expenditure Report February 6 4 February Expenditure Report March 6 5 March Expenditure Report April 6 6 April Expenditure Report May 6 7 May Expenditure Report June 6 8 June Expenditure Report July 6 9 July Expenditure Report August 6 10 August Expenditure Report September 6 11 September Expenditure Report October 6 12 October Expenditure Report November 6 13 November Expenditure Report December 6 14 December Expenditure Report January 6 15 Final Expenditure and Close Out Report January 31 Legend: Advance based on projected cash need, Note# 1: Report #I for Advance Basis Agreements cannot be submitted to the Department of Financial Services(DFS)prior to January I or until the agreement with the Alliance has been executed and a copy sent to DFS. Actual sub►nission of the Vouchers to DES is dependent on the accuracy of the expenditure report. Note# 2: Report numbers 5 through 14 shall reflect an adjustment of one-tenth of the total advance amount, on each of the reports, repaying advances issued the first two months of the agreement. The adjustment shall be recorded in Part C, I of the report(ATTACHMENT lx), Note#3: Submission of expenditure reports may or may not generate a payment request, If final expenditure report reflects funds due back to the Alliance payment is to accompany the report. Page 49 of 72 LO C) LO Contract NUrnber AA2529 AWACHMENT IX REQUEST FOR PAYMENT FORM 106 OLDER AMERICANS ACT I NSIP T'�PE OF REPORT' PROVIDER NAME ADDRESS,PHONE S,FED ID NUMBER Conuact w ----------- LAdvance Pro°odew Nagirie Comwmx rile mad Provide,Address Report c enod Riowdew 70ephone Rw POP T Re a®ea CERT'F CATION I hereby cemfy to the best of my knowledge that th,s request conforms.0 the Wins and the li::ourposes se Poem, , e ahave at Prepared By Date Approvecl By 6G,gnature4 11 S�gnat reap BUDGET SUMMARY IIIB ubC& ftl 2 um flir Ntip TOTAL A robed CwQ,actAmount G 00 000 000 000 0 lm 000 000 Prebmm Momh Y'll D Billed 000 000 000 000 000 goo 000 Ck.EVtd PD DO OCC 0.00 Current Moran Amcmint B,rled 000 0 go 0 00 000 000 0 D Less Cunetwo li Adv Payback gut on 0�W 01 60 0 2 D CID C,r,PJ Ono —_—Contracted Funds Requested for Klonth 70 a Qu U 00 0a 0 0 CID 0 i00 0 00 Pi't t na's Nq p F— P.—n-4�h.)ri Page 50 of 72 to C) LO Contract NUrnber AA2529 ATTACHMENT X EXHIBIT I RECEIPTS&UNIT COST REPORT 0AA Sub"nue IN-B All) E., S. Hit H and JD# FU14DI iG SOURCE THIS REPORT PEI 0 a'................................. 0 OAA I[I,C1 a 7A—[M-2 0 13AA N-D CDaA R-E- .Rerxm cowity FtlD ........... me comra,ci Rmhe,, ,widythm Vie ar,3&er nyoniNy ayd ms,imd,,pwaded c cwem Prelpaped by Oat-__ App,oved by D.Ve tR&c4 MF ECEIPVS A Appmwed N dget E. AOUnt ratal C Toto BvIfing D %DI'Approwed Prior Mo. YTD Tin! Y 22�2 Bcdger Receipts Federal Funds s 9DIN11W .............................................................................................. Proy'am Income S C30 Match pWB C t,C2,VIEjI S SUBTOTAL Cash!Rempts S "SIN.................................... ............................................................................ l ocW In-Kind nnatch $ TOTAL II Bfflalsle UoRt Cost Report Unduplicated Chents Served (Aa 4B) Ct (Dp Eh Et (G) iA'I M� Service Contract B,NaWe Umt 90te AmounllI Y T-D Y "D Cwyeiil Moyft Y T-D Code Amount UnIts This Peroc Bft3W Bilbtile 4I n4up CtienIts Undup Cuents F�..,—M..Vh YTD Pli.,II r-------- Unit. Coo Swwel Segved Units YTD$II .......................................... .................................................... $ S —--------- . S ......................... ............ S S Crsl Re�:mb IS T iv FE Colt Rekob — ' - . - Al-, ............................................. H( fmb I S I It M............................ —----- .................. ............................................. Re��mb I S S .Z�2�........... . ............................................................................................................ -----­ —-------- PSA Al 6 OAA NS P Fw Decvoi bw�ZD24 Page 51 of 72 I- C) LO Contract NUrnber AA2529 ATTACHMENT X EXHIBIT 2 RECUPTS AND EXPENDITURE IREII OR I NSIFI FROWIDER NMqE,ADDRIESS,P111014r# PROGRAM FUMANG SOURCE x 0 ...... .........I......................... rp ........... Comity Wde RCARON (rWf"K'l, aayaat pep RepaTedby D"de Appmed by Ebte (&qinatrel CURRENT MONTH TG9 Ub��F � ........................... PRWOLIS YTD UW'i� GFIPEWW- UNURERME— iRW DED ..E..R...E.....r..> ON.G.R..EW E -1 OMEFT'i PERED OM4 Funded .ally UMTS u 0 GU LSPFunrlpdWIs UNnS 0 NOP Fuvidwl MpAs IJNffS 77,-- 0 0 T(AM Fu rdx!Mpalls UNITS Unp U Tomin$ 72 cmIs per WN MTD TOW Experidduges V10,00 D Totfl Expen& CONTRACT SUMMARY Appmvwl Cwhad Ammml Acmd Expendrures frx this RPTKul \V/ TOW F)qm,,gvJdiure,,sYear to Date .............. fl ...................... ................................ ............... .......... Qxlract BVance so 00 SN)Wd mcoulhe la C I mid C2 lu¢noasa hHpd fro the nmffi 9 W an expall.vifi!)n nw ix�mg%l WRPAI PSA 0 I 0AA NSCI Foffins Reosea N.,Aa,b#r 202 4 Page 52 of 72 00 0 Contract Number AA2529 ATTACHMENT XHIBIT 3 PSA/PROVIDER vvvvvvvvvvvvvvvvvvvvvvvvvvv PSA Number 11 Month of Report 0 Number of days served this month Total number of meals, regardless of funding source,served W -all persons 60 years of age or older and their spouses,, regardless of age -volunteers, regardless of age,who provider services during meal hours can a Regular basis -handicapped or disabled individuals residing in housing facilities occupied primarily by elderly at which congregate meal services were provider during the month Provider Name Congregate Meals Home-Delivery Meals Total 0 0 0 0 TOTAL 0 0 0 I certify that the above information is accurate and complete to the best of y knowledge. Signature itle Date: PSA#11 OAA NSIP P®rrais,Revised Decedmber 2024 Page 53 of 72 0) C) LID Contract Number AA2529 ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name: Monroe County Board of County v l S s Commissioner , Sociaerices/I n-Home Servic es County: ttonrry i In 1 1 114inlimil 1 A 1=10 1: A Al; diRg, 41� Address Completed By lz�:,rv� Address State, Zip Code Date Telephone PART I. READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided:T�?e, enilrc, �W.. ........... .........................a ... .................... 2. POPULATION OF AREA SERVED. Source of data: Hispanic %Other Female 3. STAFF CURRENTLY EMPLOYED. Effective date: Total#16 %White 6 Female %Disabled 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date I t Z5 Total# %White Female Disabled %Over4O 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. PART 11. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with DOEA? If NA or NO, explain, NA YE5,NO ..........­............... ................ Page 54 of 72 LO Contract Number AA2529 T Compare the staff compositiorn to the populatiori. ls staff representative of the population? lf NA or NO, expWn. .................................... NA YFES NO .............................................................................................................. ............................................................................................... .............. ....I................................................................................................................................................ ................................... ....[...........I ZEI . ........ .. ............................. ................. .............. .................................. O 8. Aire eligibility requirements for services applied to clients and applicants without regard to NA Yl N race, color, nafional origin, sex, age, religion or disabHity? if NA or INN, explain. ............................................................................................................................... .................................................................................................................................. ............................... .............. ....... Page 55 of 72 LO Contract Number AAa2529 g. Are all benefits, services and facilities available to applicants and participant in an equally effective manner regardless of race, sex,color, nationalage, origin, religion or disability? NA___YE _ 6��:�_,_,, if NAB or NO, explain. 10, For in-patient services, are room assignments made without regard to race,, color, national cariigiin or disability? IAA..............l!ES-NO......- if INN or NO, expallalrn.. ............................................................................................................ ................................................_�.............................................. ............................................._............_............................................................ 11. is the program/facility accessible to non-English speaking clients? if INA or NO, explain. yes 12. Are employees, applicarnt arnd pnartia~ilpaa s informed their pDrotectio n against discrimination? If yes, how? Verbal it tern Paster NA or NO, explain. 13. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. 14,. is tfn pa ram ciility physically accessible to mobility, hearing, and sight-impaired individuals? NA_ Y .._._.N O if N A car NO, explain. PART III. THE FOLLOWING QU ES'flONs APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 15. Has a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? if NO, explain. 16. is there and est:ZO— ed grievance procedure that incorporates orates due process intone resolution of complai nts?YIE if NO, explain. Page 56 of 72 N T- LO Contract Number AA2529 17. Has a person been designated to coordinate Section 504 compliance activities? YES __NO___If NO, explain. 18. Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on tI°ue Basis of disability? If NO, explain. N , 19. Are auxiliary aids vailable to assure accessibility of services to hearing and sight impaired individuals? YES PLO—If NO, explain. PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEESCONTRACTS , 20. Do you have a written affirmative action plan? YES If NO, explain. I Alliance USE ONLY Reviewed By InCompliance: YES NO*11 Program Office *Notice of Corrective Action Sent l.._._._.__l.._._._._.. Date Telephone Response Due .._._._.__l.._---.l— On-Site a Desk Review 0 Response Received ___./........../.._._._._.. INSTRUCTIONS FOR TfIE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population SUCh as adolescents,describe the target population. Also,define the type:,of service provided. Page 57 of 7 LO Contract NUrnber AA2529 2. Enter the percent of the Population served by race and sex. The population served includes persons in the geographical area for which services are provided Such as a city, County or other regional area. Population statistics can be obtained frorn local charnbers of commerce, libraries, or any publication frorn the 1980 Census containing Florida Population statistics. Include the source of your population statistics, ("Other"races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 1 Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled,registered or currently served by the program or facility,and list their percent by race, sex and disability. Include the date that enrollment was Counted. 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank, 6. Each recipient of federal financial assistance rnUSt have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is Usually a standard part of the contract language for DOEA recipients and their sub-grantees, 45 CFR 80.4(a). T Is the race, sex, and national origin of the staff reflective of the general Population? For example, if 10% of the Population is Hispanic, is there a comparable percentage of Hispanic staff? 8. Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in the population, the prograriv facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled pet-sons,45 CFR 80.3 (b)(6). 9. Do eligibility requirements unlawfully exclude persons in protected groups From the provision of services or employment?Evidence Of Such may be indicated in staff and client representation(Questions 3 and 4)and also through on-site record analysis of'persons who applied but were denied services or employment, 45 CFR 80.3 (a) and 45 CFR 80.1 (b)(2). M Participants or clients must be provided services Such as medical,nursing and dental care, laboratory services, physical and recreational therapies, Counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied Uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restroorns and other facilities must also be equally available to all clients,45 CFR 80.3 (b). I I. For in-patient services, residents Must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin,or disability,45 CFR 80.3 (a). 11 The prograrn/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant Population of non-English speaking people live,program accessibility may include the employment of bilingual staff'. In other areas, it is Sufficient to have a policy or plan for service, Such as a Current list of names and telephone numbers of bilingual individuals who will assist in the provision of services,45 CFR 80.3 (a). Page 58 of 72 LO Contract Number AA2529 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 file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of 1111S. Tile information may be Supplied verbally or in writing to every individual,or may be Supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d). 14. Report number of discrimination complaints filed against the prograrn/facility. Indicate the basis,e.g.,race,color,creed, sex, age, national origin, disability, retaliation the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state or federal agency with whom the complaint has been filed. Indicate the Current status,e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, Linder review,etc. 15. The prograrn/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, restroorn facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width,and Braille or raised numbers. Switches and controls for light,heat,ventilation,fire alarms,and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self- evaluation to identify any accessibility barriers. Self evaluation is a four step process: [I With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. 'J Modify policies and practices that do not meet Section 504 requirements. [-J Take remedial steps to eliminate any discrimination that has been identified. 0 Maintain self-evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.),45 CFR 84.6. 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7(b). 18. Programs or facilities that employ 15 or more persons Must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability.This includes recruitment material,notices for hearings,newspaper ads,and other appropriate written communication,45 CFR 84.8(a). 20. Prograrns/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include,but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials,or any alternative resources that call be used to provide equally effective services, (45 CFR 84,52(d). 21. Programs/facilities with 50 or more employees and$50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60 and Title VI of the Civil Rights Act of 1964, as amended. Page 59 of 72 LO V- LO Contract Nurtaber AA2529 ATTACHMENT EPA OF EIDER AFFAlFtS BACKGROUND SCREENT-ING ATTESTATION OF COMPLIANCE - EMPLOYER ®AUTHORM-AI.L EMPLOITRS are required t t this form attesting to compliance nith the proiisions of chapter 435 and section 430.0402 of the Floridatee, The term'employer"means any person or entity required by law to coaduct bacApound screenings,including bid not lunded to,Area Agenctes on ArwCAgingCootexi,Lead Agencies, Pw%i&rs that conoact duvcdy or indirectly trith the Deparimera of FIder Afiairs(DO EA),and any wher person or entity whwhvolunteers wtvice who meet the definruon of a direct service prmider See IS 35. 2 430 002, `la. Stat. A direct service providu is"a perou 18 yews of age or older who,pursuant to$program to to the elderly,has direct face-to-face contact with a cheat while providing senricesaccess cheat'sifie living areas,finids,personal property,or personal identification information as delmed in z 917_ Ile tam ahe includes,but is not limited to,the admimisizator or a anolarly udod person who is responsiblefor the t of t1w provider,the finanexal officox or similarly titled pew-�A=vrho is responable,for the Emanczal o of volunteers, y other person employment with a provider Who Ls 'es responstaloxes may require hun or her to,pro%ide personal can at services directly to chents or have access to chent funds, ,legal usattais,personal ,or "")4 2(1 b)"Fla,Stat. 23) As the duly rued representative of,, „r of Emplo)er) 5 s Ci State Zip Code Under penalty of Perjury„r,. ... ". '��_. �kw- � ""...,,, .,. � � u._.. _. _...n tattve) hereby swear or all=that the above-named1 is in compliance with the provisionschapter 35 .an 2 of the Flonda2 backgrotmd screening a 12, .... Signature of Representative Date DOEA Fam 235,Anniation of Compliance-Emplayw,Effec-mv October 2 .3,p s Formavalitblesrh,drp„ elde !ii a whn a Nw�u�,w .7i, Page 60 of 72 cfl LO Contract Number AA2529 ATTACHMENT F Alliance for Aging,Inc. Business Associate Agreement This Business Associate Agreement is dated , by the Alliance for Aging, Inc. ("Covered Entity") and Monroe County Board of County Commissioners, Social Services/Inmi-lome Services, ("Business Associate"), a not-for-profit Florida corporation. 1.0 Background. Ll Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the use of Protected Health Information(PHI). 1.2 Covered Entity recognizes the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)and has indicated its intent to comply in the County's Policies and Procedures. 1.3 HIPAA regulations establish specific conditions on when and how covered entities may share information with Providers who perform functions for the Covered Entity. 1.4 HIPAA requires the Covered Entity and the Business Associate to enter into a contract or agreement containing specific requirements to protect the confidentiality and security of patients' PHI,as set forth in,but not limited to the Code of Federal Regulations (C.F.R.), specifically 45 C.F.R. §§ 164.502(e), 164.504(e), 164.308(b), and 164.3 14(a-b)(20 10) (as may apply) and contained in this agreement. 1.5 The Health Information Technology for Economic and Clinical Health Act(2009),the American Recovery and Reinvestment Act (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 with the HIPAA Security Rule, as set forth in,but not limited to 45 C.F.R. §§ 164.308, 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 apply to the covered entity. The parties therefore agree as follows: 2.0 Definitions. For purposes of this agreement,the following definitions apply: 2.1 Access. The ability or the means necessary to read, write, modify, or communicate data/information or otherwise use any system resource. 12 Administrative Safeguards. The administrative actions,and policies and procedures,to manage the selection,development, implementation,and maintenance of security measures to protect electronic Protected Health Information(ePHI)and to manage the conduct of the covered entity's workforce in relation to the protection of that information. 2.3 Aft A. The American Recovery and Reinvestment Act(2009) 2.4 Authentication. The corroboration that a person is the one claimed. 2.5 Availability. The property that data or information is accessible and useable upon demand by an authorized person. 2.6 Breach. The unauthorized acquisition, access, use,or disclosure of PHI which compromises the security or privacy of such information. 2.7 Compromises the Security. Posing a significant risk of financial,repUtational,or other harm to individuals. 2.8 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons or processes. Page 61 of 72 ti LO Contract NUrnber AA2529 2.9 Electronic Protected Health Information (ePI-11). Health information as specified in 45 CFR §160.103(i)(i) or(1)(ii), limited to the information created or received by Business Associate from or on behalf of Covered Entity. 2.10 ITECH.The Health Information Technology for Economic and Clinical Health Act(2009) 2.11 Information System. An interconnected set of information resources tinder the same direct management control that shares common functionality. A system normally includes hardware, software, information, data, applications, communications, and people. 2.12 Integrity. The property that data or information have not been altered or destroyed in an unauthorized manner. 2.13 Malicious software. Software, for example,a virus,designed to damage or disrupts a system. 2.14 Part I. Part I —Improved Privacy Provisions and Security provisions located at 42 United States Code(U.S.C.) §§ 17931 and 17934(2010). 2.15 Password. 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 of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E. 118 Protected Health Information(PHI). Health information as defined in 45 CFR§160.103,limited to the information created or received by Business Associate from or on behalf of Covered Entity. 119 Required By Law. Has the same meaning as the to "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. The attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an infon-nation system. 2.22 Security or Security measures. All of the administrative,physical,and technical safeguards in an information system. 2.23 Security Rule. The Security Standards for the protection of Electronic Protected Health Information at 45 CFR part 164, subpart C,and amendments thereto. 2.24 Technical Safeguards. The technology and the policy and procedures for its use that protect electronic protected health information and control access to it. 2.25 Unsecured PHI. Protected health information that is not secured through the use of technology or methodology specified by the Secretary in guidance issued under 42 U.S.C.section 17932(h)(2). 2.26 All other terms used,but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule. 3.0. Obligations and Activities of Business Associate® 3.1 Business Associate agrees to not use or disclose PHI other than as permitted or required by this agreement or as Required by Law. 3.2 Business Associate agrees to: Page 62 of 72 00 V_ LO Contract Number AA2529 (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 PHI other than as provided for by this Agreement or as required by law-, (c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that the Business Associate creates,receives, maintains,or transmits on behalf of the Covered Entity;and (d) Comply with the Security Rule requirements including the Administrative Safeguards, Physical Safeguards, Technical Safeguards, and policies and procedures and documentation requirements set forth in 45 CFR §§ 164.308, 1643 10, 164.3 12,and 164.3 16. 3.3 Business Associate agrees to mitigate,to the extent practicable,any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 3A Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware.This includes any requests for inspection,copying or amendment of such information and including any security incident involving PHI. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any individual whose unsecured PI-11 has been, or is reasonably believed by the Business Associate to have been,accessed,acquired,or disclosed during such security breach; and (b) All information required for the Notice to the Secretaij,of 111-IS of Breach of Unsecured Protected 1-lealth Information 3.6 Business Associate agrees to ensure that any agent, including a Subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. 3.7 If Business Associate has PHI in a Designated Record Set: (a) Business Associate agrees to provide access,at the request of Covered Entity during regular business hours,to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the requirements under 45 CFR§164.524;and (b) Business Associate agrees to make any amendment(s)to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request Of Covered Entity or an Individual within 10 business days of receiving the request. 3.8 Business Associate agrees to make internal practices,books,and records, including policies and procedures and PHI,relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity, available to the Covered Entity or to the Secretary upon request of either party for purposes of determining Covered Entity's compliance with the Privacy Rule. 3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 CFR§ 164.528. 110 Business Associate agrees to provide to Covered Entity or an individual, upon request, information collected to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528 and ARRA § 13404. 3.11 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the confidentiality, integrity,and availability of PHI in electronic or any other form,that it creates,receives,maintains,or transmits on behalf of the Covered Entity. 3.12 Business Associate agrees to implement security measures to Secure passwords used to access ePHI that it accesses, maintains,or transmits as part of this Agreement from malicious software and other man-made and natural Vulnerabilities to assure the availability, integrity, and confidentiality of such information. Page 63 of 72 LO Contract Number AA2529 3.13 Business Associate agrees to implement security measures to safeguard el"Fll that it accesses, maintains,or transmits as part of this agreement from malicious software and other man-made and natural vulnerabilities to assure the availability,integrity, and confidentiality of such information. 3.14 Business Associate agrees to comply with: (a) ARRA § 13404 (Application of Knowledge Elements Associated with Contracts),- (b) ARRA § 13405 (Restrictions on Certain Disclosures and Sales of Health Information); and (c) ARRA § 13406 (Conditions on Certain Contacts as Part of Health Care Operations). 4.0 Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement or any related agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. 5.0 Specific Use and Disclosure Provisions, 5.1 Except as otherwise limited in this agreement or any related agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 5.2 Except as otherwise limited in this agreement or any related agreement,Business Associate may disclose PI-11 for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 5.3 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR §164.504(e)(2)(i)(B),only when specifically authorized by Covered Entity. 5.4 Business Associate may use PI-11 to report violations of law to appropriate Federal and State authorities,consistent with 45 CFR§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 www.alliancef 6.2 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR§ 164.522,to the extent that such restriction may affect Business Associate's use or disclosure of PHI. 7.0 Permissible Requests by Covered Entity. Except for data aggregation or management and administrative activities of Business Associate,Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be Permissible under the Privacy Rule if done by Covered Entity. 8.0 Effective Date and Termination. 8.1 The Parties hereby agree that this agreement amends,restates and replaces any other Business Associate Agreement currently in effect between Covered Entity and Business Associate and that the provisions of this agreement shall be effective as follows: Page 64 of 72 C) 04 LO Contract Number AA2529 (a) These Business Associate Agreement provisions, with the exception of the electronic security provisions and the provisions mandated by ARRA, FnTECH and Part I shall be effective upon the later of April 14, 2003,or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the rise of PHI; (b) The electronic security provisions hereof'shall be effective the later of April 21,2005 or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI;and (c) Provisions hereof mandated by ARRA, 1-11TECH and/or Part I shall be effective the later of February 17, 2010 or the effective date of the earliest contract entered into between covered entity and business associate that involves the use of PHI or ePHI. 8.2 Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (a) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity-, (b) Immediately terminate this agreement if Business Associate has breached a material term of this Agreement and Cure is not possible;or (c) If neither termination nor care is feasible,Covered Entity shall report the violation to the Secretary. 8.3 Effect of Termination. Except as provided in subparagraph(b)of this section,upon termination of this agreement,for any reason, Business Associate shall return all PHI and ePHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. (a) This provision shall apply to PHI and ePHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI and ePI-II. (b) In the event that Business Associate or Covered Entity determines that returning the PHI or ePHI is infeasible, notification of the conditions that make return of PHI or ePHI infeasible shall be provided to the other party. Business Associate shall extend the protections of this Agreement to such retained PHI and ePI-11 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 ePHI,but no less than six(6)years after the termination of this agreement. 9.0 Regulatory References. A reference in this agreement to a section in the Privacy Rule or Security Rule means the section then in effect or as may be amended in the future. 10.0 Amendment. The Parties agree to take such action as is necessary to arnend this agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule,the Security Rule and the Health Insurance Portability and Accountability Act of 1996,Pub. L.No. 104-191. 11.0 Survival. Any term, condition, covenant or obligation which requires performance by either party hereto subsequent to the termination of this agreement shall remain enforceable against such party subsequent to such termination. 12.0 Interpretation. Any ambiguity in this agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and Security Rule. 13.0 Incorporation by reference. Any future new requirement(s),changes or deletion(s)enacted in federal law which create new or different obligations with respect to HIPAA privacy andior security, shall be automatically incorporated by reference to this Business Associate Agreement on the respective effective date(s). 14.0 Notices. All notices and communications required, necessary or desired to be given pursuant to this agreement, including a change of address for purposes Of Such notices and communications, shall be in writing and delivered personally to the other party or sent by express 24-hour guaranteed courier or delivery service,or by certified mail of the United States Postal Service, postage prepaid and return receipt requested,addressed to the other party as follows(or to such other place as any party may by notice to the others specify): Page 65 of 72 V- CN LO Contract NLH-nber AA2529 To Covered Entity: Alliance for Aging, Inc. Attention: Max Rothman 760 NW 107 Avenue Miami, Florida 33172 To Business Associate: Monroe County Board of County Commissioners,Social Services,ln-l-lome Services 1100 Simonton Street,2"Floor Key West,FL 33040 Any such notice shall be deemed delivered upon actual receipt. If any notice cannot be delivered or delivery thereof is refused,delivery will be deemed to have occurred on the date such delivery was attempted. 15.0 Governing Law. The laws of the State of Florida, without giving effect to principles of conflict of laws, govern all matters arising under this agreement. 16.0 Severability. If any provision in this agreement is unenforceable to any extent,the remainder of this agreement,or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law. 17.0 Successors. Any successor to Business Associate (whether by direct or indirect or by purchase, merger, consolidation, or otherwise) is required to assume Business Associate's obligations under this agreement and agree to perfon-n them in the same manner and to the same extent that Business Associate would have been required to if that succession had not taken place. This assumption by the successor of the Business Associate's obligations shall be by written agreement satisfactory to Covered Entity. 1&0 Entire Agreement. This agreement constitutes the entire agreement of the parties relating to the subject matter of this agreement and supersedes all other oral or written agreements or policies relating thereto, except that this agreement does not limit the amendment of this agreement in accordance with section 10.0 of this agreement. Covered Entity: Alliance for Aging, Inc. By: Date: (signature) Business Associate: Monroe County Board of County Commissioners,Social Services/In-Home Services By: Date: (signature) Page 66 of 72 C14 C14 LO Contract Number AA2529 ATTACHMENT G Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline AGING AND DISABILITY RESOURCE CENTER(ADRC)®OUTSOURCED FUNCTIONS L If applicable, the provider agrees to the following: A. Perform A outsourced functions in accordance with the Alliance's policies and procedures. i. Policies and Procedures for OUtSOUrced Function-Screening ii. Policies and Procedures for OUtSOUrced Function-Triage iii. Policies and Procedures for Activation from Waitlist-Client Services iv. Policies and Procedures for Termination fronn aitlist®Client Services B. Maintain wait lists in eCIRTS in accordance with DOEA requirements. C. Adhere to prioritization and targeting policy as set forth in the Handbook, as applicable. D. Ensure the Provider's Disaster Plan reflects ADRC OWSOUrced Functions, annually or as needed to incorporate A OWSOUrced functions. E. Ensure against conflicts of interest and inappropriate self-referrals by referring consumers in need of options Counseling or long-term care services beyond the provider's scope of services to the Aging and Disability Resource Center, F. Ensure that services provided are in the clients' best interest, are the most cost effective, of high quality, and are responsive and appropriate to the assessed needs. The Assessed Priority Consumer List(APCL) is maintained when services funded by the department are not available. Contracted Providers of registered services for Local Services Program (LSP) and Older Americans Act (OAA) rnL1St maintain waiting lists in the eCIRTS database for registered services when funding is not available. Page 67 of 72 M CN LO Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Outsourced function—Screening Creation Date: March 5,2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that a comprehensive list of clients in need of services is ►maintained in eCIRTS by appropriate funding Source and that the ADRC is thereby able to effectively gauge the level of elder service need in Miami-Dade and Monroe Counties. Policy: To obtain necessary information from clients in order to assist in determining level of need and eligibility for registered services funded through OAA and LSP programs. Procedure: I Providers will collect information froth callers and conduct a 701S assessment. Alternatively, if a 70 1 A(B) assessment already exists or is provided frorn another Provider the information from the 70113 can be utilized. 1 The Provider will determine the services needed and the appropriate funding 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. The caller will be provided with general information regarding the ADRC as well as the ADRC Elder Helpline contact number. 4. The caller will be informed of the services and funding Sources that they are being placed on the wait list for in eCIRTS. 5. For non-case managed prograrns, the Provider will create a client record in eCIRTS (if there is no existing record)and enter the services needed for the caller by funding Source and service. [If there is an existing record in eCIRTS,the appropriate fields will be updated]. 6. If the Provider determines that the caller may qualify for more than one program for which the Provider is funded,the Provider is encouraged to enter the appropriate information Linder multiple funding sources. [if there is an existing client record in eCIRTS, the client record in eCIRTS will be updated with appropriate information]. 7. The Provider will inform caller that they will receive an annual re-assessment based on DOER Wait List Reassessment Standards and encourage caller to contact the ADRC Elder Helpline with any questions. Page 68 of 72 Iq CN LO Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Outsourced function-Triage Creation Date: March 5,2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that clients in need of DOER funded services receive services based on the highest level of need, first, as funding becomes available. Policy: To assist clients in obtaining DOER funded services as funding becomes available, based on level of need as determined by an eCIRTS priority score. Procedure: I. The Provider will conduct annual reassessments based on DOER Wait List Reassessment Standards. 2. If there is no Current 701A or B in eCIRTS, the Provider will conduct the annual reassessment (701s) as appropriate. Based on the information provided via the 701 S/A(B)assessment,the Provider Will update the client information in eCIRTS specifically as it pertains to level of need for services by funding Source. 1 The Provider will ensure that the eCIRTS prioritization score is accurately maintained, according to DOER Standards. If a significant change has occurred prior to the annual re-screening, the Provider must re-screen. Definitions and examples of significant change are documented in the DOER Programs & Services Manual Chapter 2. 4 If the caller is in need of a service(s)that is not provided by the Provider,the Provider will refer caller to the ADRC Elder Helpline,as well as,to other contracted Providers and community organizations.The caller will be informed of the services and funding sources that the wait list for and/or have been removed from the wait list for. 5. The Provider will rernind client of the ADRC Elder Help Line contact number and to contact the ADRC Elder Help Line with any questions or concerns. 6. As funding becornes available, the Provider will run the eCIRTS Prioritization Report and activate clients according to DOER Standards (refer to ADRC Client Activation Policies and Procedures). The Contracted Provider will apply targeting criteria,as appropriate,to prioritized clients to ensure activations meet prograrm-natic requirements. Page 69 of 72 LO CN LO Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Activation from Wait List—Clients/Services Creation Date: March 5, 2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that elders in need of DOEA funded services in Miarni-Dade and Monroe Counties and on the eClRTs wait list begin to receive services as funding becornes available. Policy: ADRC will work with Providers to ensure that clients waiting for DOEA funded services begin to receive those services as funding becomes available. Procedure: 1. The Provider will activate clients on the eClRTs wait list based on DOEA prioritization polices and frinding availability. 2. The Provider Will Update eCIRTS status by funding Source and service for any services being activated for the client using appropriate eCIRTS codes. 3. Client may be left on wait list of a different funding Source than the one being activated if the Provider determines that it is appropriate. 4. Client may also be left on the wait list in eCIRTS if they are being activated by the Provider Linder a temporary non-DOEA funding Source and the Provider determines that the client's need will persist after the temporary funding Source is exhausted. 5. The Provider will inform the client of any services/funding Source that they are being activated for as well as those services and funding Sources that they will continue to be wait listed for. 6. The Provider will inform client to contact the ADRC Elder Helpfine if they have any questions or concerns regarding the status of any of their services. Page 70 of 72 to CN LO Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Termination from Wait List—Clients/Services Creation Date: March 5, 2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that the comprehensive list of clients in need of services in eCIRTS is appropriately maintained by funding Source and that the ADRC is thereby able to effectively gauge the Current level of elder service need in Miarni-Dade and Monroe Counties. Policy: ADRC will maintain an accurate and Current list of clients in need of elder services in Miarni-Dade and Monroe Counties with the assistance of the ADRC Contracted Providers. Procedure: I. The Provider will re-screen clients which the Provider initially placed on the eCIRTS wait list for services based on DOEA Reassessment Standards. 2. The re-screening may be in the form of a phone screening or a home visit depending on the client's status (i.e. active/pending) 3. The Provider will determine if the client is no longer in need (or eligible) for any of the services they were wait- listed for. 4. The Provider will terminate the client from the wait list (entirely or by specific service) using the appropriate eCIRTS termination code for any services or funding source for which the client is deten-nined to no longer be eligible for or no longer in need of. 5. The Provider will inform the client of any services/funding Source that they are being removed from the wait list for. 6. The Provider will inform client of their ability to be re-added to the wait list if their level of need Should change. T The Provider will inform client to contact the ADRC Elder Flelpline if they have any questions or concerns regarding their wait list status. 8. Reference the Handbook as applicable. Page 71 of 72 I­ CN LO Contract Number AA2529 ATTACHMENT H CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CMBE FORM) 0113E 1,\) L\I'OR."ES SUB,%H/IED T0,1111TACE PROVIDER: CONTRACT NUMBER:. *REPORTING PERIOD-FROW.. TO: -(DATE RANGE OF RENDEREII.)SERVICES, MUST MATCH INVOICE SUBMITTED) CO,\TIC7 DOE-A CWBE COORDLVI TOR FOR A,\LQUE577OVIS 17850-41-1-2153 ------------------------------ ---------------------------- ................... -------------------------------------------———-------------- SUBCONTRACTOR NAME SUBCONTRACTOR'S CMEE EXPENWTURES -------------------- LENS .......................................................... ----------- ..........................-------------------- V ---------------------------------------------------- ............... ----------------------------------------- ..........------------------------------ DOEA USE ONLY REPORTING ENTITY(MV SDN,(OFFICE,ETQ SEND COMPLLI LD I ORIVIS VIA INTEROFFICE MAILl'O:JUS1 IN'l AYI,OR CMBI,COORDINAI OR.CON'IRACI ADMINIS'l RATION&PURCI 1ASWG., I'AIA.Al lASSFlI_,.Fl.,ORI DA 32399-7000. If unsure if subcontractor is a certified minority he M?plier_click on flig h 3erfink below..Enter the ncanie qft e..su.p yL...... ...........V V.i.e.E,...cj iqk, s.e.a..rc..........t..O ty fi d.Minori. .......n. ...Q�qi. ..........................i!I-IBLMsiness.E.n.t..i..t.i.e..s will b.e. dj.S1�1..gyed. L%S7R(lCT10\S (A) Enter the Pro%ider narrie as it appears on)our Atha nce contract. (B) Enter the AMance convact number. (C) Enter the ser%ice period matching the current invoice's service period. (D) EnteraH certified minorit) business e\penditures for the finie period co %ered b) dw in%o ce: I. l-:mitercertit-iediiiiuiot-it.) bt4sigiessiiiaKiie. 2- Euiteir the cerfit-tedRiiinion-it.) bi.tsixnessf-EI1.)iiikiuiiber. 3. 1-,enter the certi tied rn i norit) business C M BE nwn ber. 4. Friter the aniounte\pended�%ifli the cetlified minority bus4iess floirthe thane period co%eredbN the imoice. (F) CM13E be flonin must acconipan) imoice subiniined to the Alfiance for processing. 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