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Home My WebLink About07/16/2025 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 23, 2025 TO: Cathy Crane, Director Community Services ATTN: Lourdes Francis, Sr. Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: July 16, 2025 BOCC Meeting The following item has been executed and added to the record: 04 Secondary Contract with G.A. Food Services of Pinellas County, LLC, d/b/a G.A. Food Services, with the second highest ranked proposal for services resulting from Monroe County's formal competitive solicitation for Food Service Meal Catering for the Senior Nutrition Program (RFP-592); Funding is through the Older Americans Act; the initial term of the agreement is 7/16/2025 through 6/30/2026. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT between MONROE COUNTY,FL and G.A. FOOD SERVICES OFPINELLAS COUNTY,LLC d/b/a G.A. FOOD SERVICES fir FOOD SERVICE MEAL CATERING SENIOR NUTRITION PROGIUM Secondary Contractor THIS AGREEMEN'fis made and entered into this 16th day of July 2025 by and between the Monroe County, Horida, a political subdivision of the State of Florida, with principal offices located at H 00 Simonton Street, Key West, FL 33040 (the "County") arid G.A. Food Services of Pinellas County, LLC, d/b/a G.A. Food Services, a Delaware limited liability company whose mailing address is 1.2200 32nd Court North, St. Petersburg, Florida 33716 (the "Contractor")to provide food catering and associated services consistent with the Monroe County Request f'or Proposals RFP-592 entitled, "Food Service Meal Catering, Senior Nutrition Program, Monroe County, Florida," Now thereforre, in exchange for good and sufficient consideration,the parties hereby agree to the following terms and conditions: 1) The Contract Documents The contract documents consist of this Agreement, Monroe County Request for Proposals 1 FP-592 and Addendum No. I thereof, Contractor's Response to the County's R1-0P-592, arid Contract Number AA2529 (Older Americans Act ("OAA") — Standard Contract between Alliance for Aging, Inc. and Monroe County, Florida), and subsequent grant agreements reflecting OAA annual funding awards to Monroe County, Florida, These contract docunientsibrm the Agreement, and all are incorporated herein as if set forth in full. In the event of a conflict between the aforementioned documents,the applicable grant contract with the Alliance for Aging, Inc, will control, followed by this Agreement and. any ofttly executed amendments hereto, followed by the RFP,-592 and its Addendum No. 1, and then Contractor's Response to the County's RFP-592, in that order. Any ambiguities contained in any of'the referenced document herein are to be resolved in favor of"the County. 2) ne or 'The parties acknowledge that this food service contract must be submitted and approved by the Alliance for Aging prior to implementation. The Contractor must perform all work for the County required by this Agreement, and as set forth below: a) Contractor will furnish all labor, materials, and equipment necessary as the sqggLid i contractor on an as-needed basis, and as requested by the Country, in accordance with the terms and conditions stated in these contract docurnents. b) In addition,upon request by the County, Contractor must provide sample rneals to the County intended to be used for the NUtritiori Program for the purposes of quarfity control, within a timeframe agreed upon by both parties. If new itetus', are introduced into thenienu,ar sarnple must be provided to the Nutrition Prograrn and tested prior to using it in rneal service. C) Menu plans proposed for the Nutrition Program must be approved by the Program's Registered Dietician, the Nutrition Program.Director, and the Alliance for Aging, Inc.,,, as the final menu prior to implementation. Menu plans, as approved,must be adhered to. Page I of 15 d) The weekly delivery schedule will be decided and agreed uporl by the County's Contractor, Manager and the Contractor, but must include the following: 1.) Deliveries will be made on weekdays only;2.)The delivery schedule must specify when service will be provided(day and time)at each of the Congregate Meal Site locations, as requested by the County; and 3.)The delivery schedule stlould be the same every week. The County's Contract Manager must approve deviations froni the schedule due to special circurnstances. Provisions for special deliveries., such as emergency ineals,will be determined and agreed upon by the County's Contract Manager and the Contractor. At the discretion of the County, the Nutrition Prograrn may observe thirteen (13) holidays, when no meals will be served, As such, deliveries are nor to be rnade on weekends or holidays. If circurnstances warrant, the arrangements made for the Nutrition Program may be determined on a case-by-case or as-needed basis with written directions by the County's Contract Manager. e) Locafions for raeal catering services, both horne delivered tricals and congregate meals, and levels of service may be modified (increased or decreased) on an as- needed or as-requested basis by the County during the coiftract based oil location demands, food service offerings, reductions in funding, closure of existing locations or opening of new locations, or general demands for service, 1) Contractor must supervise the work fierce to ensure that a.11 workers conduct themselves and perform their work in a safe and professional manner., CA)ntractor must comply with all OSBA safety rules and regulations, as well as all relevant food safety rules arid regulations,in the performance of tile work. Contractor must at all times have a competent field supervisor on the meal site to enforce these policies and procedures at the Contractor's expense. g) Contractor must comply with the latest versions of the Department of Elderly Affairs ("DO EA") Programs and Services Manual., and the DOEA 1^illan6al Management Manual, as well as any and all Federal, State, arid local laws and regulations now in effect,or hereinafter enacted during the term of this Agreernetit, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described. herein, Specifically, but not in derogation of tine remainder, Contractor mUSt comply with the Department of Elder Affairs Programs and Services Handbook, Chapter 5- Older Americans Act (OAA)Title IIIC, as may be amended from time to time, Contractor shall maintain throughout the terrn of this Agreement, appropriate licenses,Proof of such licenses shall be submitted to the County upon execution of this Agreement, if not previously submitted to the Count)/. h) Contractor warrants that all goods, materials,and workmanship t'urnished,whether furnished by tile Contractor or its subcontractors arid suppliers, will comply with the specifications and descriptions supplied or adopted through the contract documents. Specifically, Contractor shall maintain a food safety management program within its facilities that meet or exceed the minimum requirements of federal, state, municipal, or other agencies authorized to inspect or accredit the food service operation and shall, upon request of the County, provide documentation of said food safety management program and the results of any inspections related thereto. i) Within 30 days of execution of this Agreement Contractor shall provide County with a written plan of correction for any high priority or significant findings Oil sanitation inspections. Contractor shall immediately notify the County of any closures or Administrative Complaints regarding food safety or of any sanitation inspections as referenced in the 1)epartrnent of Elder Affairs Programs and Services I landbook,Chapter 5: (Ader Americans Act(OAA)Title 111C, as may be amended from time to time. Page 2 of 15 D County, Alliance for Aging, Inc., and/or Departinent of"older Affairs staff shall have the right, upon 24-hours written notice or such other tisane proscribed by policy, rule, or contract,to inspect the food preparation and storage areas, k) Contractor MUStr complete SUCh forrns as Coulity deerns necessary in furtherance of its grant aWaIrrd firorn the state and/or federal government. Additionally, Cotitractor rnust supply information for nutritioti reporting on labor costs and raw food costs, as requested. 3) Changes in the Work a) Without invalida6ng tine Aggreernaunt, the County may, at, any time or ftom time to time, order additions, deletions or revisions in the volurne ot"work described in the TUR, these changes must be memorialized in writing by the County's Contract Manager. The changes must be within the scope originally nally contemplated by the RFP and the County'S grant agreement that funds the Nutrition Program,arid be reasonable to achieve its goals.For example, ifthe Contractor requests to snake a minor materials or requirement substitution within the proposal, and such change is deemed de minimis by the County (e.g. the proposed substitution is an equivalent- industry standard and will result in no price change), such change does not warrant amendrnent:,however must be approved by the County's Contract Manager ill writing prior to implemeritation. b) The Contractor, will not be entitled to an increase in the contract sum or payment or compensation of any kind from the County for direct, indirect, consequential, impact or other costs,expenses or damages,including but riot limited to costs for acceleration or inefficieney arising because of delay, disruption, interference or hindrance, J.'rorn any cause whatsoever, whether such delay, disruption, interference or hindrance was avoidable or unavoidable. Die Contractor'srecovery of darnages and sole remedy for any delay caused by the Cotintry is exclusively an extension of time on tile Contract, and only for an arnount of time authorized in writing, 4) Contract Amount Contractor will perforin contractrequirenrents with pricing pursuant to Contractor's Price Proposal Form within its Response to the JUT, to wit: as unit [,wice of$5.08 per meal, all meals ofall types.Invoices are to be sent to the Monroe County Nutrition Program Director on as weekly basis. The Monroe County Office of the Clerk and Comptroller will process and issue payments to the Contractor. payment by the County of an undisputed invoice ,submitted by the("',ontractor will be processed within 30 business days after being stamped as received, or otherwise as provided in accordance with the Florida Prompt Payment Act, Section 218.735, Fla, Stat., as amended, County is exempt.ftom. payinent of Florida State Sales and I Jse taxes. Contractor shall not be exempted by virtue ofthe County's exemption froin paying sales tax to its suppliers for materials used to fulfill its obligations under this contract. nor is Contractor authorized. to use the County's 'Fax Exemption Number in securing such rnaterials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. a) Additionally, the Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk, and Comptroller (C'ounty Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. b) Rate Increase Thresholds requirements. Rates may only in.crease if approved through the fortnal procedure set forth in Contract Number A.A2529 (Older Atriericans Act ("OAA") Standard Contract between Alliance for Aging, Inc, and Monroe County, Florida), an(] subsequent grant agreements reflecting OAS annual funding awards to Monroe County, from one year to the next at a rate Page 3 of J 5 consistent with the annual rate of' inflation in the Consumer Price Index (CPI) percentage change for all.items as determined by the Bureau of Labor Statistics for the 12-months prior to the DOEA's required Area Plan submission date and as per the Alliance policy incorporated herein by reference. See 1111 V�,!./AyNA"W J)Is,,gqy ql aa rts/c o a i s u n i or pri C e-n nd ex/c o n S L�111,er-p!,i cc index-I)y cad; , Q,rN,),htm#. Prior to any rate increase being authorized, the Contractor must submit as written request according to,the timelines and fbi-mal procedures required by the Alliance for Aging, Inc. in said grant agreernent(s), incorporated herein by reference,, An amendinent hereto must be executed by tile parties prior to any rate increase taking affect. 5) Agreement Subject to Funding 'I"he County's perl'on-nance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County ommissioners, In the event that the County funds on which this Agreement is dependent arre withdrawn, this Agreement is terminated., and the County has no further obligation under the terms of this Agreement tau the Contractor beyond that already incurred by the termination date; as such this agreernent is contingent on the County's receipt,of fcderanl funding through ThIc III and C-2 of the Older Americans Act, as adi.ninistered by the DOEA and the Area Agency oil Aging (for PSA-I I it is.Alliance for Aging, Inc.) and such other available grant firnding sources. 6) Contract Term The parties expressly agree that this Agreement commences on July 16, 2025 and will expire on June 30, 2026, A renewal of this Agreement may be accomplished in one (1) year intervals starting on July I and ending on June 30 of' each successive year, notwithstanding the above commencernerit date. A renewal may be accomplished by the County Administrator exercising her administrative approval authorky vested pursuant to the Monroe County Purchasing Policy, so long as all renewals are made expressly subject to the same terms and conditions as provided herein, This Agreement may be extended for up to five (5) successive one (1)year periods (each a "Renewal Term").Nf2l itlnstarn_ dine a --roved administrafiyg bat, , o > ern LbLsigpi,�rnust�not exceed the total value of 000,00 witho orfonnal of thewl onroe C(-)uvq,Board of Cc Int Commissioners. As used h_erein _flLqLtgta1.vaIue" is calculated by nrJdLn Z-Lbe va I �1 )lus Inns' value-added amendments as roved adniinistrativeLy aLtc�:i the Monroe • IL CoMnAssioners, most 12L it �L�)e(,oupt, ......— y Board of Coil- Y- 7) Conditions for,Emergency/Hurricane or Disaster It is hereby made a part(.)fthis agreement that before,during and after as public emergency, disaster, hurricane, flood, pandemic or other substantial loss that,the Monroe County will require a "first priority" basis for goods and services,, It is vital and imperative that the majority of citizens are protected from any ernergency situation which threfftens public .safety and health, as determined by the County Administrator,or her designee. Contractor agrees to rent/sell/lease all goods and services to the County or other governmental entities, as opposed to a private citizen or corporation,on a.first priority basis. The County expects to pay a lair and reasonable pricc for all products/services in the event of a disaster, pandernic, emergency or hurricane, Awarded Contractor inust furnish a twenty-four(24) hour telephone number in the event of such an emergency, 8) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under- this Agreement and not the ountY's employee for any purposes, including but not firruited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Page 4 of 15 Federal Insurance (."ontribution Act, the Social Security Act, the Federal Unemployment "rax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act,, and the State Unemployment Insurance law, The Contractor will retain sole and absolute discretion in the judgment of the manner and nneans of carrying out:Contractor's activities and responsibilities hereunder provided, fiirth.er that administrative procedures applicable to services rendered tinder this Agreement will be those of`Contractor, which policies of Contractor will not conflict with County, State., or L.)rlited States policies, rules or regulations relating to the use of Contractor's funds provided for,herein. The Contractor agrees that it is a separate and independent enterprise frorn the County, that it had full opportunity to find other business,that it has niade its own investment:in its business, and that it will utilize a high level of skill necessary to perform the work, This Agreement must not be construed as creating any joint employment relationship between the Contractor and the County and the County will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minu-nurn wages and/or overtime premiums. 9) Assignment and Subcontracting Contractor,must not transfer or assign the perfonnance required by this Agreement without the prior written consent of the Board of County Commissioners, This Agreement, or any portion thereof, must not be subcontracted without the prior written consent of the County nor may (fie Cantractor w;sign any nionies due or to become due to him or,her,without the previous written consent. 10) Termination a) Termination for Uncurable Default In the event the Contractor shall default in or violate any of the terms,obligations, restrictions or conditions of this Conlract in a manner that is uncurable (as determined in the sole discretion of the County), the County may, upon written notice to the Contractor',terminate this Contract effective immediately.In the event of such termination the County 111ay hold the Contractor liable far any and all damages sustained by the County arising out of such default, including but not lirnited tc) costs of'reprocurernent and cover. County may immediately tenninate this Agreement if any of the following occur: .1.A temporary or permanent closure related to food service violations; 2, Administrative Corriplaints regarding food safety; or 3. 'Fen (10) or more high priority/significant findings on sanitation inspections within the past rolling twelve(12)month period. b) Termination for Curable Default In the event the Contractor shall default in any ofthe terms,obligations,restrictions or conditions in the Contract Documentsin a manner that is curable(as determined in the sole discretion of the County), the County shall give the Contractor written notice by registered, certified mail of the default and that stich default shall be corrected or actions taken to correct such default shall be commenced within three (3) calendar days thereof. In, the event the Contractor has failed to correct tile conditions(s) of the default or the default: is not rernedied to the satisfaction and approval of the County, the County shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case the Contractor shall be liable for any and all darnages permitted by law arising from the default and breach of the Contract. c) Termination for Convenience of County Upon thirty ('30) calendar days written notice delivered by certified mail, return receipt requested, to tile Contractor, tile COUDty may without cause and without preJudice to any other right or remedy, terminate the Contract for the County's convenience whenever the County determines that such termination is in the best interest of the County. Where the Contract is terminated for the convenience of the County the notice of terminafion to the Contractor inust state that the Contract Page 5 of'f 5 is being terminated for the convenience of the County under the termination clause and the extent of termination, The Contractor shall discontinue all work on the appointed last day of service. 11) Remedies a) Damages The County reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement,or for losses sustained by the County resultant flour the Contractors failure to perform in accordance with the requirements of this Agreement. h) Correction of or If, in the judgment oaf the County, work provided by the Contractor does not confom] to the requirements of this Agreement, or if the work exhibits poor workmanship, the County reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance Without additional cost to the County, and / car replace any personnel who fail to perform in accordance with the requirements of' this Agreement, The County is the sole Judge of non-conformance and the quality of' workmanship or,products. 12) Insurance Requirements Contractor shall obtain and maintain at its own expense the insurance coverages listed within the Request for Proposals, attached hereto. 13) Indemnification & Hold Harmless Notwithstanding any minimurn insurance requirements prescribed, Contractor shall defend, indemnify, and hold the County, and the County's elected and appointed ofTicer's and employees, harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by,any indemnified party by reason of, or in connection with- (A) any activity of Contractor any of its employees, agents, subcontractors or other invitees during the agreement,(B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or onrission of Contractor or any of its employees,agents, sub- contractors or other invitees, or(Cl)Contractor's default in respect of any of obligations that it undertakes during the term of the agreement,except to the extent the claims,actions, causes of action, litigation,proceedings,costs or expenses arise solely from the intentional or negligent acts or ornissions of the County or any of its employees,agents,subcontractors or invitees (other than. Contractor). Nothing contained herein is intended, nor may be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time- nor will anything included he-rein be construed as consent to be sued by any third parties in any matter arising out of this agreement., To the extent considered necessary by the Contract Manager, any sums due Contractor under the agreement may be retained by the County until all of the Coullty's claims subject to this indemnification obligation have been settled or otherwise resolved., and any amount withheld is not subject to payment of interest by the County.Insofar as tile claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during or after the ten.n of the agreement, and the rights and immunities reserved to the County, this section will survive the expiration of the terni of the agreement or any earlier termination of same, 14) Discriminatory Vendor List Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor or any of its affiliates,as defined by Section 28 7.1 34(l)(a),Florida Statutes,are Page 6 of 15 placed on the Discriminatory Vendor List. Pursuant to Section 287.1.34(12)(a),Florida Statutes: "An entity or affitfiate who has been placed on the discriminatory veridor list may not submit a bid, proposal, or reply oil a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a.contract with a public entity for the construction or repair of a public building or public work; may not subunit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor-, or consultant tinder a contract with any public entity; and may not transact business with any public entity." 15) County Suspended Vendor List The eligibility of persons to bid for an award of County contract(s),or enter into a contract, may be suspended pursuant to sec. 2347(l)of the Monroe County Code of Ordinances. In the event an eligible person is Suspended by the County after the contract is awarded, or a suspended person is employed to perform work (e.g• subcontractor in a bid or contract.) pursuant to a Courity contract, sarne shall constitute a material breach of the contract. The County, in ills sole discretion, may terminate the contract with no further liability to the contractor beyond payment of the portion of the contract price that nlay be due for work satisfactorily completed up to the date oftertnination, arid hereby reserves all other rights and remedies available at law or in equity. 16) Prohibition on Conflict of Interest, Gratuities,Kickbacks,and Collusion The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the staternents contained herein in awarding the contract for this Project. a) Conflict of.Interest. Contractor covenants that it presently has no interest and will not acquire any interest that would conflict in any mariner or degree with the perforrnance of services required. Each patty hereto covenants that there is no conflict of interest or any other prohibited relationship between the County and itself. b) Gratuities. Contractor hereby certifies that it has not offered, given, or agreed to give any Monroe County employee a gratuity, favor, or anything of monetary value in connection with any decision, approval, disapproval, recommendation, preparation of any part of the project or award of this contract. c) Kickbacks. Contractor certifies that it has riot given payment., gratuity, of offer of employment to be made by or on behalf of' a. Sub-contractor under a contract to Contractor or higher tier sub-contractor or any person associated therewith, as an inducement of the award of a subcontract or order. d) Non-Collusion Statement. By signing this Agreement, Contractor certifies under penalty of perjury that the price proposed by Contractor was at-rived at indeperidently without collusion, consultation, or communication for the purpose of restricting competition;and no attempt has been made to induce another person or entity to subntit a proposal,or riot submit,for the purpose of restricting competition in the award of this llraject. e) Conti-act Clause. The prohibitions on conflict of interest, gratuities, kickbacks, and collusion prescribed in this paragraph must be conspicuously set fball in every contract and subcontract and solicitation initiated by Contractor it) its performance of this Agreement. 17) Ethics Clause pursuant to Monroe County Ordinance No.010-1990 By signing this Agreement, the Contractor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances, or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct frorn tile Agreement or Page 7 of 15 purchase price, or otherwise rccover, the full amount of any fee, cornrniSSiOu, percentage, gift,or consideration paid to the former County officer or employce pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. 18) Prompt Disclosure of Litigation, 1nvestigations, Arbitration, or Administrative Proceedings Throughout the term of this Agreement, the Contractor has a continuing duty to promptly disclose to the County, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings relaring to or affecting Contractor's ability to perform under this Agreement. If the existence of such causes tile County concern that the (.7ontractor's ability or willingness to perform the Agreement is jeopardized, the Contractor may be required to provide the County with reasonable arSSurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have riot or will not engage in conduct similar in nature to tire conduct alleged in such proceeding, 19) Notice All written correspondence to the County shall be dated and signed by an authorized representative of" the Contractor. Any written notices or correspondence required or contemplated under this Agreement shall be sent by US. Mail, certified, return receipt requested,postage pre-paid,or by courier with proof of'deliver.y.Notice is deerned reccived by Contractor when hared delivered by national courier with proof'of`delivery or by U. S. Mail upon verified receipt or uupon the aJate of reftisal or non-acceptance of delivery. Notice shall be sent to the following personso FOR COUNTY- FOR CONTRACTOR: County Administrator General Counsel ...................... Monroe County 12200 32nd Court N,St Petersburg,FL.33716 1100 Simonton Street,Room 2-205 ............ Key West, I'l,33040 Email:contracts@gafoods.com And (with copy to) Monroe COUDly Attorney's Office I].11 12th Street, Suite 408 .Key Jest, L 33040 20) Choice of Law and Venue The parties hereby agre;e that the only laws that apply to this Agreement are those of the State of Florida and [tinted States of Arnerica. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County, Florida, and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and fear the Southern District ol"Florida,or(Jnited States Bankruptcy Court for the Southern District of Florida, whenever applicable. This Agreement shall not be subJect to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and custorriary procedures required by the Circuit COUrt of Monroe County, Florida. 21) Attorney's Fees amid Costs Counly and Contractor agree that in the event any cause of action or administrative proceeding is initiated or del-' nded by any party relative to the enforcement or interpretat ion of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against tl-w reran-prevailing party, at all levels of the court system, including in appellate proceedings, Page 8 of 15 22) Public Records ("'ounty is a public agency subject to Chapter 119, Florida Statutes, as amended frorn time to firrie. To the extent ,ontractor is as Contractor acting on behalf of ttie County pursuant to Section. 119,,0701, Florida Statutes, as amended from tinic to titne, Contractor must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, Contractor as treesto: a) Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. b) Upon reqUest from the County's custodian o:f7public records, provide the County with as copy of the requested records or allow the records to be inspected or copies within a reasonable firne at as cost that does riot exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by larW. C) Ensure that public records that are exempt,or confidential and exempt,frorn public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County. d) Upon completion of the services within this Agreement, at no cost, either transfer to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perfonn the services. If the (.,'.ontractor transfers all public records to the County upon completion of the services,the Contractor must destroy any duplicate public records that are exerripl, or confidential and exernapt, from public records disclosure requirements, If the Contractor keeps and maintains public records upon. completion of the services, the Contractor must meet all applicable requirements for retaining public records, All records stored electronically mus! be provided to the County, upon request from the County's custodian of public records, in a f6rmat that is compatible with the information technology systems of ttie Coun ty. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 11.9, FLORIDA s,rA,rtJTES,, TO THE CONTRACTOWS DUTY TO PROVIDE PLJBLIC RECORDS RELATING TO IPHIS AGREEMENT, CONTACTTHE COUNTrs CUS'I'ODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFIC�E, 1111 12TH STREET', SUITE 408,KEY WEST, F1, 33040, EMAIL: PUBLICRI�,('QRD!L(�,il�!QNR�.jf FL.Govl, OR PHONE: 305-292-3470. If Contractor does not comply with this section, the County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreernent in accordance with state law. 23) Audit Rights The Contractor must maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance this Agreernent, in accordance with generally accepted accounting principles. County reserves the right to audit the records ofthe Contractor for the commodities and/or services provided under the contract at any finic duritig the perfomiance and term of the contract and for a period of five(5)after completion of the contract, Such records niust be retained by Contractor for a, minimum of five (5) years following the close of the Agreernent,or the period required for this particular type of prqject by the General Records Schedules maintained by the Department of State, whichever is longer. The Contractor agrees to cooperate with the County and agrees to submit to an audit as required by the County, or other authorized representative(s)of the State of Florida. The Contractor must Page 9 of 15 allow the County or such other auditing agency to have access to and inspect the complete records of the Contractor in relation to this Agreement at any and all times during normal business hours for the purposes of conducting atidits or examinations or making excerpts or transcriptions. 'llic requirenients set forth in this paragraph will survive the temiination of this Agreernent, 24) Third Party Beneficiaries Neither Contractor nor County intends to directly or substantially benefit a. third party by this Agreement, Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party is or will be entitled to assert aright or clahn against either of thein based upon this Agreernent. 25) Uncontrollable Circumstances("Force Majeure") As used herein, "Force Majeure"means tire occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control ot'dic non-perforrning party, Examples of"Force Majeure"include, but are not limited to, acts of`Clod, natural disasters, or emergency governmental action, To invoke this paragraph, immediate written notice, consistent with the "Notice" provisions of this Agreement, must be sent by the non-performing party describing the circumstances constituting ffirce rn4jeure and proof that the nori-perffirmance or delay of'perforniance is as direct and reasonable result of such event(s). Any claim for extension of time by Contractor pursuant to this paragraph will be made not more than Seventy-two(72) hours afler the commencement of the delay. Otherwise, it shall be waived. The Contractor shall immediately report the termination of the cause for the delay within seventy-h;vo(72)hours after such tennination. The County reserves its right to challenge the invocation by the Contractor within five(5)calendar days of receipt of said notice,in such case uninterrupted perfomiance in required. 1-10wever, in the event the invocation is accepted by the County, the Contractor must take all reasonable ineasures to mitigate any and all resulting darnages, costs, delays, or disruptions to the Contractor's performance requireni,ents kinder this Agreernent, All obligations must resume when the circumstances of'such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement. 26) Public Entity Crimes Statement Pursuant to Section 287.133(2)(a), Florida Statutes, as amended fforn tirrie to tinie, Contractor hereby certifies that neither it nor its affiliate(s) have been placed on the convicted vendor list.following a conviction for a public entity crime.If placed on that list, Contractor agrees: to immediately notify the County arid is prohibited from providing any goods or services to a. public entity-, it may not submit a bid on a contract with a public entity for the construction or,repair of a. pLjJ)jjC building or public work; it may not submit bids on leases of real property to a public entity; it may not be awarded or perforin work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, it may riot transact business with any public entity in excess of the threshold amount provided in Section 287,017, Florida. Statutes, for Category TWO ($35,000), as may be amended, for a period of thirty-six (36) months Born the date of being placed on the convicted vendor list. 27) Foreign Gifts and Contracts The Contractor must comply with any applicable disclosure requirements in Section 286,101, Florida Statutes. Pursuant to Section 286,101(7)(b),1°lorida Statutes: "In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must autornaticaily disquality the entity from eligibility for any grant or contract flunded Page 10 of 15 by a state agency or any political subdivision until such ineligibility is lifted by the Adrivinistration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." 28) Scrutinized Companies and Countries of Concern per Sections 287.135, 215.473, & 287.138,Florida Statutes C'ontractor hereby certifies that it: a) has riot been placed on the Scrutinized Companies that Boycott Israel List,nor is engaged in a boycott of Israel;b)has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petrolcurn Energy Sector List)- and c) has not been engaged in business operations in Cuba or Syria. If County determines that Contractor has Usely certified facts under this paragraph, or if Contractor is found to have been placed on a.list created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes, as amended. The County reserves all rights to 'Waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes, as amended. Beginning January 1, 2024, the County niust not enter into a contract that grants access to all individuals personal identifying infomlation to any Foreign Country of'Concern such as: People's Republic of China,the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolds Maduro, or the Syrian Arab Republic, unless the Contractor provides the County with an affidavit signed by an authorized representative of the Contractor, under penally of perjury, attesting that the Contractor does not meet army of the criteria in subparagraphs(2)(a) (c)of Section 287.13 8, Florida Statutes, as may be amended. Beginning January .1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Contractor provides the County with an affidavit signed 1)y all authorized representative of the Contractor,, under penalty of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs(2)(a)-(c)of Section 287,138, Florida Statutes, as may be amended. Violations ofthis Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. G.A. Food Services of'Pincflas Co is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Conceni,does not have a Controlling Interest in the entity. Under penalties of perjury, I dcclare that I have read the foregoing statement and that the facts stated in it are tnie. Printed Name, Ernest Kazrnier Title: President LsiDate- 0710212025 29) lour oercive Conduct for Labor or Services As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Contractor is required to provide an affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As an authorized representative of Page 1.1 of 15 Contractor, 1. certify under perialties of perjury that Contractor does not use coercion for labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 30) Nondiscrimination The Conti-actor and County agree that there will be no discrimination against: any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically tertninates without any further action on the part of`army party, effective the date of the ccmrt order. Contractor agrees to comply with all Federal and Florida statutes,and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I') Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin; 2) 'I'itle IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrirn h,ialion on the basis of sex;3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC' s. 794), which prohibits discrirnination on the basis of disability; 4) The Age Discrimination Act of 1.975, as amended (42 USCG ss. 6101-6107) which prohibits discrimination on the basis of age; 5) '"I"be Drug Abuse Office and Treatnient Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PI, 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism- 7) The Public I'lealth Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol. and drug abuse patient records; 8) Title V11.1 of the Civil Rights Act of 1968 (42 LJSC s. 3601 et seq.), as amended,, relating to nondiscrimination in the sale, rental or financing;; housing; 9) The Americans with Disabilities Act of 1990 (42 lJSC, s. 12101 Note), as may be amended from time to time, relating to nondiscrii-nination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, c(flor, sex, religion, national origin, ancestry, SeXUal orientation, gender identity or expression, familial status or age; 11) The Pregnant Workers Fairness Act(PWFA)pursuant to 42 US�C 2000gg et sect.;and 12)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the Subject Inatter of, this Agreement. 31) IE-Verify Requirements Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with, and use of the Everil-y system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employinent eligibility of- a) All persons employed by Contractor to perf'orm employment duties within Florida during the terin of the contract; and b) All persons (including subvcjidors/stibcorisi.iltaiits/skibcon.tractol-s) assigned by Contractor to perform work pursuant to the contract with the County. The Contractor acknowledges and agrees that use of1he U.S.Department of Homeland Security's EVerify System during the term of the contract is a condition of the cotAractwith the County. By entering into this Agreement, the Contractor becomes obligated to comply with the provisions of Section 448.095, Florida Statutes, "Einployrnent Eligibility," as amended frotn time to time, This includes,but is not.limited to,utifizat.4,)n ofthe E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does Page 1.2 of 15 not eiriploy,contract with, or subcoritract with,an unauthorized alien. Contractor agrees to maintain a copy of such affidavit for tile duration of this Agreement. Failure to Comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095, Florida Statutes, as amended, and Contractor may not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. Contractor will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Upon executing this Agreement, Contractor will provide proof of enrollment in E-verify to the County. 32) Prohibited Telecommunications Equipment Contractor represents and certifies that it and its applicable subcontractors do not and will not use any equipment,system.,or service that uses covered teleconimunications equipment or services as a substantial or essential component of any system, or as critical. technology as part of any system, as such terms are used in 48 Clip §§ 52.,204-24 through 52.204-26, By executing this Agreement, Contractor represents and certifies that Contractor and its applicable subcontractors must not provide or use such covered telecommunications equipment, system, or services for any scope of work, performed for the County for tile entire duration of this Agreement,If Contractor is notified of any use or provisions of such covered telecommunications equipment, system, or services by a subcontractor at any tier or by any other source, Contractor must promptly report the infi)rmation in 40 C34R § 52,204-25(d)(2)to County. 33) Antitrust Violations; Denial or Revocation under Section 287.1.37, Florida Statutes Pursuant to Section 287,137, Florida Statutes, as may be amended, a person or an affilhate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by tile State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work,-, may not submit a bid, proposal., or reply oil new leases of real property to a public entity; may not be awarded or perform work as a contractor,supplier, subCODtractor, or consultant under a.new contract with a public entity; and may not transact new business with a public entity. By entering this Ag.reernent, Contractor certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement, False certification Linder this paragraph or being subsequently added to that list will result in terinination of this Agreement, at the option of the County consistent with Section 287.137, Florida Statutes, as amended. 34) No Personal Liability No covenant or agreement contained herein shall be deerned to be a covenant or agreement of any member, officer, agent or employee of Monroe C'ounty in his or her individual capacity, and no inernber, officer, agent or employee of"Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this.Agreenlent. 35) Merger; Amendment 'this Agreement constitutes the entire Agreement between the Contractor and the County, and negotiations and oral understandings between the parties are merged herein, This Agreement can be supplemented and/or amended only by as written document executed by both the Contractor and authorized designees of the County. The County Adni inistrator,or designee, may admirustratively approve and execute, oil behalf of the County, all aniendirient to this Agreement that does not exceed the total value of$100,000.00; any an with a valtie above $100,000,00 niust be formally approved by the Monroe County Board of County Commissioners, Page 13 of 15 36) Interpretation The titles and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement include the other gender, and the singular includes the plural, and vice versa,unless the context otherwise requires. Terms such as"herein"refer c..) ...ffr 0 this Agreement as a whole and not to any particular sentence, paragraph, or section Lui ac: here they appear, unless the context otherwise requires. Whenever reference is made to CL 44-- • ar zsection or article of this Agreement, such reference is to the section or article as a whole, Cr --- ci Cf) aaricluding all subsections thereof,unless the reference is made to a particular subsection or LA- " x.T. sitbparagraph of such section or article. Any reference to "days" means calendar days, Ci 0 n less otherwise expressly stated. Lt.i —cr t:: M 37) oint Preparation It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. 38) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. 39) Signatory Authority Upon request, the Contractor must provide the County with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 40) Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which is hereby deemed to be an original, but all of which, taken together, constitutes one and the same agreement. IN WITNESS WHEREOF, County and Contractor have executed this Agreement as of the date first written above. BOARD OF COUNTY COMMISSIONERS OF 4 ONROE COUNT ,FLO' A: Mil, I • .. 0 a ,' ',,,;-,--- ,,'),-,•.:; ;;.,,,,, M.Or James K. Scholl ..,,, ,`,'-,•:,:-,,,„ tP194,.!!--j Attest:AKeV*Madok, Clerk ,i i, ,,„`-'-',,:c::',,)'t,--',/,,,i I',..„ , 2')z--,$ :'-', ,'Th ii, i /UMW Approved as to legal form& sufficiency: -• `--,',-,,-,-,,,',,--71-'-,'I?,, ' ir-- . .4;AseD eputy Clerk Eve M. Lewis °,lagtelt!IP.'ZIe.3d:11,".1.=`::',.i,s0, Eve M.Lewis,Assistant County Attorney [Contractor's signature to follow] Page 14 of 15 CONTRACTOR: G.A. FOOD SERVICES OF PINELLAS COUNTY,LLC d/b/a G.A. Food Services Signatu Ernest Kazmier, President Print Name&Title STATE OF Florida COUNTY OF Pinellas The foregoing instrument was sworn to/affirmed and acknowledged before me by means ofXphysical presence or ❑ online notarization, this 2nd day of 4U�O 25.r, by ___Ernest K.azmier_ as President of G.A. Food Services of She Pinellase, t ';-LLE a-Cz,A. Food Services, a Delaware Limited Liability Company. identification)rsonally known to me r has produced (type of P .. . _ . _.......... as identifi cation...... Signature of Notary u � �c Notary Public State of Florida DWe Slivers Debra Silvers 1 My Commis:Ion HH 675729 "ZfXM7 's' ,b a (Print to Co' u P Page 15 of 15 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 21, 2025 TO: Sheryl Graham, Director Social Services ATTN: Lourdes Francis, Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: January 15, 2025 BOCC Meeting The following item has been executed and added to the record: C13 Contract No. 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. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 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 ATTACHMENT 11, Exhibit-2 as necessary. WITNESSETH THAT: WHEREAS,the Alliance has established through the Area Plan on Aging that it is in need of certain services as described herein-, and WHEREAS,the Provider has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent contractor of the Alliance. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth,the Parties agree as follows: 1. Purpose of Contract 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,proposal(s),Provider's Service Provider Application, and the current DOEA Programs and Services Handbook (the "Handbook"). Any and all contracts or agreements executed between the Provider and the Alliance during the effective period of this contract shall be governed in accordance with the applicable laws and statutes. 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$719,281.00 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 and/or 45 CFR 92, and other applicable regulations. Page 1 of 72 Contract Number AA2529 6.1.2 If this contract contains federal funds and is over$100,000.00,the Provider shall comply with all applicable standards,orders,or regulations issued under s.306 of the Clean Air Act as amended(42 U.S.C.7401,et seq.), s.508 of the Federal Water Pollution Control Act as amended(33 U.S.C. 1251,et seq.),Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The Provider shall report any violations of the above to the Alliance. 6.13 The Provider,or agent acting for the Provider,may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. The Provider must complete all disclosure forms as required, specifically the Certification of Assurances Attachment,which must be completed and returned with this signed contract. 6.1.4 In accordance with Appendix A to 2 CFR 215,the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Provider shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The Provider shall complete and sign the Certification and Assurances Attachment prior to execution of this contract. 6.2 The Provider shall not employ an unauthorized alien. The Alliance shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986(8 U.S.C. 1101). Such a violation shall be cause for unilateral cancellation of this contract by the Alliance. 63 If the Provider is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements(filing a Form 990 or Form 990-N)and has its tax exempt status revoked for failing to comply with the filing requirements of the 2006 Pension Protection Act or for any other reason, the Provider must notify the Alliance in writing within thirty(30)days of receiving the IRS notice of revocation. 6.4 The Provider shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR Part 170.1 10(b), the Provider shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170. 6.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number I 1-116, Provider agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Provider during the contract term. Provider shall include in related subcontracts a requirement that subcontractors and/or vendors performing work or providing services pursuant to the state contract utilize the E-verily system to verify employment of all new employees hired by the subcontractor and/or vendor during the contract term.Providers meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7. Compliance with State Law 7.1. This contract is executed and entered into in the State of Florida,and shall be construed, perfon-ned and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws. 7.2. The Provider shall comply with the requirements of s.287.058,Florida Statutes("F.S.")as amended. 7.2.1. The Provider shall provide units of deliverables, including reporting, findings,and drafts,as specified in this contract,which the Contract Manager must receive and accept in writing prior to payment. 7.2.2. The Provider shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in ATTACHMENT 1, Section 111. Method of Payment. 7.2.3. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. Page 2 of 72 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. 112.061, 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 119.01 l(I 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 Laff4i rs.state.fl.us/doea/back 2 V, 8.2 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 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 119. 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. 10.1.4. 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 meet all applicable requirements for retaining public records.All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Depart►raent. 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. 11 9X(I),RS. 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 10.3 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 perforinance 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 Contract Number /kA252A of the contract or longer when required by law. in the event on audit is required by this cmutmut, reumdo shall be retained for ominimum period of six(6)years after the audit report is issued nruntil resolution ofany audit findings or litigation based onthe terms mf this contract,mnn additional cost mthe Alliance. 11.3. Upon demand, aunn additional cost mthe Alliance, the Provider will facilitate the duplication and transfer nfany records mr documents during the required retention period in Paragraph \2I 114. 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. \L5. At all rcosnnu6|e times for as long as records are maintmined, persons duly authorized by the Alliance, 0[>EA and Federal auditors, pursuant w45 CFR Port 75. shai| be allowed full access ooand the right tn examine any of the Provider's contracts and related records and documents pertinent to this specific contract, regardless wfthe form in which kept. 116. The Provider shall provide financial and compliance audit m the Alliance as specified in this contract and ensure that all related third-party transactions are disclosed vothe auditor. 11.7. The Provider shall comply and cooperate immediately with any inspections,reviews,investigations,or audits deemed necessary by the office mf the DO0/\'m Inspector General pursuant to m. 20.055`F.S. Provider further agrees that it shall include in related subcontracts a requirement that subcontractors and/or vendors performing work or providing services pursuant to this contract agree to cooperate with the Alliance mrInspector General in any investigation, audit,inspection,review,or hearing pursuant to s. 20.055(5), F.S. 12- Nondiscrimination-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 oFits programs and activities are not discriminating against clients oremployees because of age,race,religion,color,disability,national origin,marital status or sex. 12.2 During the term u[this contract,the Provider shall complete and retain on file n timely,complete and accurate Civil Rights Compliance Checklist attached m this contract. 123 The Provider shall establish procedures pursuant to 6:dem| |a,v to handle complaints of discrimination involving services or benefits through this contract. These procedures will include notifying clients,employees,and participants wf the right tn file m complaint with the appropriate federal or state entity. 12.4 %f this contract contains federal funds,these assurances are u condition nf continued receipt o[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 o court order requiring compliance with the terms of this assurance wr seek other appropriate judicial or administrative relief,including but not limited to,termination of and denial of further assistance. 13- Monitoring hy the Alliance for Aging 13.1 The Provider shall permit persons d"\y authorized by the Alliance w inspect and copy an) records,papers,ducvmcxu, facilities, goody and services of the Provider which are relevant to this contnuo,, and to interview any o|ients, employees and subcontractor employees of the Provider to assure the Alliance of the satisfactory performance of the terms and conditions of this contract. Fmiiuv'ing such nuvievv. 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 5of72 Contract Number AA^2529 agrees to correct all deficiencies identified in the CAP in u6mely manner as determined by the Contract K8enogcr. Failure m comply with the CAP shall subject the Provider m enforcement actions oadescribed in this Contract. 132 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 8dum| laws and regulations. The Provider will supply progress nrpnrts, including data reporting requirements os specified by the Alliance wrthe Department to be used for monitoring progress or performance of the contractual services. Examples of review criteria on: surplus/deficit reports, independent oodita, im,emui unntvm}+, reimbursement regueam, 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 mthe Alliance annually,but nw later than ninety(9O) calendar days after the Provider Fiscal Year ends. The SCR shall reflect the actual costs ofproviding each service hy 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(9O)calendar days after the Provider Fiscal Year End may result in withholding invoice payment.l[the Provider desires tnrenegotiate its reimbursement rates, the Provider shall make o request inwriting to the Alliance, with the inclusion of Unit Cost Methodology, in accordance with the AUiomuu`m approved Reimbursement Rate Review Policy,which is incorporated byreference. 14. Provision of Services The Provider shall provide the services referred to in ATTACHMENT VI I in the manner described in the Handbook and the procurement documents leading tn this contract. (nthe event wfo 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 nrmore other State nr Florida human service agencies, in addition m the Department n[Elder Affairs funding passed through the Alliance, itis 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 ia not required tn indemnify the Alliance for claims,demands,actions or causes of action arising solely out of the /kUiwoce`aoeg|iguoc*. 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 oson additional insured nnthe provider's liability insurance policy mr policies and a copy nf the Certificate wfInsurance shall be provided annually or when any changes occur. The Provider accepts Mu|| responsibility for identifying and determining the typc(s)and extent ofliability insurance necessary toprovide rcnaonn6|e financial protections for the Provider and the clients to be served under this contract. Upon execution nf this Contract,the Provider shall furnish the Alliance written verification supporting both thcdetenniumuimn and existence n[such insurance coverage. The limits of coverage under each policy maintained by the Provider do not limit the Provider's liability and obligations under this contract. The Provider shall ensure that the Alliance has the most current written verification u[insurance coverage throughout the term of this contract.Such coverage may 6e provided byuself-insurance program established and operating under the laws w[the State o[Florida, The Department and the Alliance reserve the right ,orequire additional insurance us specified hy this contract. 17.2 Throughout the term of this agreement,the Provider shall maintain on insurance bond from oresponsible commercial insurance company covering all oMioers, directors,employees and agents ofthe Provider authorized tn handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount Page 6of72 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 211 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 to of this contract,the Provider,its assignees,subcontractors,vendors or affiliates files a claim for bankruptcy,the Provider must immediately notify the Alliance. Within ten(10)days after notification,the Provider must also provide the following information to the Alliance:(1)the date of filing of the bankruptcy petition;(2)the case number; (3)the court name and the division in which the petition was filed(e.g.,Northern District of Florida,Tallahassee Division); and,(4)the 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/In-Home Services,), 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 Contract Number 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. 24.3 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 subrecipients to ensure fiscal accountability. 24.4 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 IIA.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 Cm8nact}4umber AA2529 28. Payment 28.1. Payments shall 6e made k/the Provider es services are rendered and invoiced bythe Provider. The Alliance will have final approval ofthe invoice for payment and will approve the invoice for payment only if the Provider has met all 1ennaond conditions ofthe contract, unless the bid specifications,purchase order,or this contract specify otherwise. The approved invoice will bo submitted No the/&Oiance`m fiscal department for budgetary approval and processing per ATTACHM4ENTV1Il. 20.2 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 tobc made under this contract including,but not limited t*the following:su.2|6.\0|(|6)(o)&(b),3\5422, P|o. Sng, and the Invoice Requirements of the Reference Guide for State Expenditures from the Department of Financial Services at 28.3 The Provider shall maintain detailed documentation to support each item on the itemized invoice or payment request for cost reimbursed expenses,fixed rate nrdeliverables, 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 |mva and guiding circulars cited in this Contract seu6nu 6, in the Reference Guide for State Expenditures,and any other laws mr regulations,msapplicable. 28.4 The Provider and subcontractors shall provide units of deliverables,including reports,fiodin&m.and drafts asspecified in this contract kobe received and accepted 6y the Alliance prior tnpayment. 29. Return of Funds The Provider will return tothe Alliance any overpayments due to unearned funds orfunds disallowed and any interest attributable to such funds pursuant to the terms and conditions cy 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 mn overpayment has been made,the Contract Manager,on behalf ofthe Alliance,will notify the Provider nfsuch findings.The Alliance may deduct the overpayment from the invoice most recently submitted but net yet paid,even if from n different program or contract year. Should repayment not 6e made forthwith,the Provider will be charged at the lawful mate m[interest on the outstanding balance pursuant tos. 55.O3,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 ix collecting or using in the performance of this contract. An appropriate level o[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 upto ensure recovery from losses or outages o[the computer system.The security over the backed-up data is to be as stringent au the protection required ofthe primary systems. The Provider shall ensure all subcontractors and/or vendors maintain written procedures for computer system back-up 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 uommu.aa part nfATTACBK4£NTIV. 31' Social media and Personal Cell Phone use: 31.2 Social Media Defined.The term Social Media and/orpersonu! cellular communication includes,but is not limited to,social networking wrbahea,Nngu' podcasts,discuasion forums, RSS feeds,video sharing,SMS(including Direct Messages (0Ms), iMessogen, text messages, etc.); social networks like |natugmm, Ti&Tok. Bnmpchot, (}nug|e Hangouts, VYhatsApp, Signal, Fecebnwk, 9imtmn:yt` and Twitter; and content sharing networks such oo F|iukrmnd Page 9of72 Contract Number 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. The Provider or subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Providers,potential Providers,or parties to subcontracts. Pursuant to Chapter 4, Section 2 of the Handbook,no Provider may employ, in any capacity,any member of its governing board or any family member of a person on the board or family member of its Executive Director. The Providers' board members and management must disclose to the Alliance any relationship which may be,or may be perceived to be,a conflict of interest within thirty(30)calendar days of an individual's original appointment or placement in that position,or if the individual is serving as an incumbent,within thirty (30)calendar days of the commencement of this contract. The Providers' employees and subcontractors must make the same disclosures described above to the Providers' Board of Directors.Compliance with this provision will be monitored. 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 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(1)AND(2), FLORIDA STATUTES; 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 THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 34.1.2 Pursuant to sections 413.036(1)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 lh 1,p://www.respectofflorida.aamg. 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. 343.1 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 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 Contract Number AA2529 attached to this contract(ATTACHMENT(H). 35. Patents.CoDvrii!hts.Rovalties 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 tinder 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. 353 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: as�p 1 0 Iff 1l,4 hqAoc/F7740 PUR ,00 j� '---——-------------- In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contract or agreement terms or conditions the contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes,the terms or conditions contained in the P(IR 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. 4 ® 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 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. 5® 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. Addit ion[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 under this contract shall not constitute or be deemed a waiver of the Alliance's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 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 Contract Number AA2529 The Alliance,upon receiving a timely filed response to a Notice of Violation,will forward the response and all accompanying documentation to the Contract Manager to review and consider. The Contract Manager shall,within 30 days after the receipt of the Provider's response,file an order which lays out the final determination of disciplinary action by the Alliance. 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 1. If the Provider fails to submit final request for payment by the deadline,then all rights to payment may be forfeited and the Alliance may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto have been approved by the Alliance. 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 tothe 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. 53.2 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 to of the contract, (4) abide by any statutory requirement, regulatory requirement, licensing requirement,or Department policy or 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 tinder 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 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 comply with Section 29, Data Integrity and Safeguarding Information;must maintain all confidentiality,as applicable;and must be retained and maintained by the Provider to the same extent as non-electronic records are retained and maintained as required by this contract. 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: 56.3.1 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: 56.3.2 An intentional or negligent act of the Provider has materially affected the health, welfare,or safety of clients served pursuant to any contract or agreement,or substantially and negatively affected the operation of services covered under any contract or agreement; 56.3.3 The Provider lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; Page 15 of 72 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 how the surplus or deficit spending exceeding the 1%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 name,address,and telephone number of the representative for the Alliance for this contract is: Max B. Rothman,JD, LL.M. President and CEO 760 NW 107th Ave,Suite 214 Miami, Florida 33172 (305)670-6500, Ext.224 Page 16 of 72 Contract Number AA2529 The name,address,and telephone number of the representative of the Provider responsible for administration of the program under this contract is: Monroe.County,Board of County_Commissioners, `file Provider(native,as shown on page 1 of this Social Services/ln-Home Services A contract,and mailing:address of the official payee 1100 Simonton Street,20 Floor to iahoin the payment shall be made is: Key West,FL 33040 305.-292-4510 Monroe County Board of County Commissioners, Tile name of the contact person of Lire Provider and Social ServicesAn-Horne Services B street address where financial and administrative 1100 Simonton Street,20 Floor records are maintained is Key West,FL 33040 - 305-292-4510 Sheryl Graham The name,address;and telephone number of the Monroe County Board of County Conimissioners, c Social ServicesAn-Horne Services representative of the Provider responsible For 1100 Simonton Street,2nd.Floor administration of the program tinder this contract is: Key West;FL,33040 305-292-4510 Alliance for Aging,Inc: The section and location within the AAA where Fiscal Department d Requests for Payment and Receipt and Expenditure X0.NW I07th Avenue;Suite 21.4 forms are to he mailed.is: Miami,Florida 33172-3 t 55 305-670.6500 Contract Monitor e The naive,address;and telephone number.of the Alliance for Aging,Inc. Contract Manager for the AAA forthis contract is: 760 NW 107tli Avenue,Suite 214 Miami,Florida 33 t 72 3.155 305-670-6500 Upon change of representatives(names;addresses,telephone numbers)by either party,notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 59.All Terms and Conditions Included This contract and its Attachments and any exhibits referenced in said attachments,together with any documents incorporated by reference, contain all the tennis and conditions agreed upon by the .parties. There are no provisions; tennis; conditions, or obligations other than those contained therein;and.this contract shall st)persede all previous communications,representations or agreements,either written or verbal between the Parties: By signing this contract,the Parties agree that they have read.and agree to the entire contract. - IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized. Mt:NROE COUNTY BOARD OF COUNTY COMMISSIONERS;SOCIA l SERVICES IN-HOME SERVICES ALLIANCE FOR AGING,INC. SIGNED BY: Digitally signed SiGNED BY: Max 0 Rothman(t6n 6,2025 74-#7 EST r•� �„�„ ' ChrMin by Christine X rn NAME: Hurley NAME: MAX B.ROTHMAN,JD,LL.M: Date:2025.01.02 TITLE: H u rley TITLE: PRESIDENT Alt F0-` ry 0959:58-05'00' � � P DATE: DATE: J� rt ,2027 } x A nov-d as to legm rnrni.•,ufl'ic,ency Page 17 of 72 r s r Board of County Commissioners cst �M.�twis �Att�St Kevtrt.Madok, Jerk Avaaant c,runty nttort ey f Monroe County, FI ride r 2„ n __. �° Mayor Ja a oil =A� pu`ty Clerk Contract Number AA2529 INDEX TO CONTRACT ATTACHMENTS AT'I'ACI]MENT ATTA01MEN'r DESCRIPTION ATTACI I MENT I STATEMENT OF WORK ATTACHMENT 19 FINANCIAL COMPLIANCE AUDIT ATTACHMENT ATTACI-MENT191 CERTIFICATIONS AND ASSURANCES ATTACHMENT VI ASSURANCES—NON-CONSTRUCT90N PROGRAMS ............ ATTACFIMENT VII BUDGET SUMMARY BY SERVICE AND TITLE ........... ATTACHMENT V119 INVOICE REPORT SCFIEDULE ATTACHMENT IX REQUEST FOR PAYMENT ....................................... ATTACI INTENT X, RECEIPTS AND EXPENDITURES, FOR ALL OAA TITLES EXHIBIT I ATTACI IMENT X, RECEIPTS AND EXPENDITURES, FOR NS9P EXHIBIT 2 ....................................................................... ATTACFIMENTX, PROVIDER MONTHLY MEALS REPORT,FOR NS9P EXHIBIT 3 ATTACFIMENTB DEPARTMENT OF ELDER AFFAIRS' CIVIL RIGHTS COMPLIANCE CFIECKLIST AND INSTRUCTIONS ATTACHMENT D BACKGROUND SCREENING—AFFIDAVIT OF COMPLIANCE ATTACHMENT F DATA PRIVACY&SECURITY BUSINESS ASSOCIATE AGREEMENT ATTACHMENT ADRC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS ATTACFIMENT 1-9 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENSE REPORT (CMBE) Page 18 of 72 Contract Number AA2529 ATTACHMENT I ALLIANCE FOR AGING, INC. STATEMENT 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 OEA. Child: An individual who is not more than 18 years of age or an individual with disability. Criteria® A standard which the Administration on Aging/Administration for Community Living set for the Title IIID Program. AoA/ACL's standard criterion consists oft ree tiers: Minimal Criteria, Intermediate Criteria,and Highest-Level Criteria. Family Caregiver: An adult family member,or another individual, who is an informal provider of in-home and community care to an older individual. Frail: When an older individual is unable to perform at least two activities of daily living("ADL")without substantial human assistance,including verbal reminding,physical cueing or supervision;or due to cognitive or other mental impairment,requires substantial supervision because the individual behaves in a manner that poses a serious health or safety 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 Healthy: Also known as CDSMP for the State of Florida. C. GENERAL DESCRIPTION 1® General Statement The primary purpose of the OAA Program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals. These systems assist older individuals to attain and maintain maximum independence with supportive services. The NSIP provides incentives for the effective delivery 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 under the OAA. Florida has opted for cash payments in lieu of donated foods. 2® Authority All applicable federal laws, regulations, action transmittals, prograrn instructions, review guides and 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 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, .l.igp,//'www.,alriariceforai?ini 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 I. General Description Preference shall be given to those with the greatest economic and social needs, with particular attention to low-income older individuals,including those that are low-income minorities,have limited English proficiency,and older individuals residing in rural areas. 2. OAA'rule 111,General Client Eligibility Consumers shall not be dually enrolled in an OAA program,and a Medicaid capitated long-tenn care program, with the exception of consumers in need of OAA Legal Assistance services and OAA Congregate Nutrition Services, including transportation services to and from congregate meal sites. 2.1 OAA Title 11113, Supportive Services,Client Eligibility a. Individuals age 60 or older 2.2 OAA Title I I IC I,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 Contract Number 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; d. Disabled persons who reside at home with and accompany an eligible person to the dining center;and e. Volunteers,regardless of age,who provide essential services on a regular basis during meal hours. 2.3 OAA Title IIIC2,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 mouth issues which makes it difficult to eat in public; c. A home delivered meals recipient's spouse,regardless of age,if the provision of the collateral meal supports maintaining the person at home; d. Individuals with disabilities,regardless of age,who reside at home with home delivered meals recipients and are dependent on them for care; e. Persons at nutritional risk who have physical,emotional,or behavioral conditions,which would make their presence at the congregate site inappropriate; f. Persons at nutritional risk who are socially or otherwise isolated, including those who are self-isolating at home due to 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 IIIC I and IIIC2,Nutrition Services,Client Edibility General factors that should be considered in establishing priority for nutrition services include those older persons who meet the following: 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 Health 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 to "frail"in OAA,as per ATTACHMENT 1,Section 1.2. 2.7 NSIP Meals served to an elderly individual, funded in whole or in part Linder Statewide Medicaid Managed Care Long-Term Care, Home 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 LTC clients may be included in the NSIP count. Page 21 of 72 Contract Number AA2529 SECTION 11—MANNER OF SERVICE 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. Eligibility to become a client is based on meeting the requirements described in this contract. 2. Targeting and Screening of Service Delivery for New Clients: The Provider shall develop and implement policies and procedures consistent with OAA targeting and screening criteria. 3. Program Services: The Provider shall ensure the provision of a continuum of services that meets the diverse needs of elders and their caregivers. The Provider shall ensure the performance and report performance of the following services are in accordance with the current Handbook. 4. Program Eligibility Requirements 4.1 Eligibility Criteria Entities must meet the following criteria to be eligible for program participation: 4.1.1 An agency that has received a grant under OAA Title III [OAA section 311(42 U.S.C. § 3030a)]. and 4.1.2 A nutrition service provider that serves meals and is under the jurisdiction,control,management and audit authority of the Area Agency on Aging and the Department. 4,2 Provider's Nutrition Service Operations The Provider shall ensure the nutrition service operations of the Provider meet the requirements of this contract, as well as any other applicable regulations and policies prescribed by the current Handbook, the Department of Health and Human Services, USDA, DOH and local health departments, DBPR,or any other agency designated to inspect meal quality for the State. The Provider must run the DBPR report monthly 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 meets the following criteria: 4.3.I Complies with the current Dietary Guidelines for Americans, published by the Secretaries of the Department of Health and Human Services and the Department of Agriculture; 4.3.2 Provides a minimum of 33 113 percent of the dietary reference intakes/adequate intakes for an age 70+female as established by the Food and Nutrition Board of the National Academy of Sciences;and 4.33 Is served from and approved Alliance menu. 4.3.4 Food Origin and Commodities Requirements 4.3.5 Consistent with existing requirements of the NSIP, the Provider and its service providers may use NSIP cash to purchase foods of U.S- origin for their nutrition projects under Title III of the OAA. NSIP funds must be used to expand meal services to older adults. 5. Monitoring the performance of its subcontractors and/or vendors 6. Comply with the Alliance's Nutrition policies and procedures Page 22 of 72 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 firnes 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. ® 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 implementation 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 will 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 time 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 an invoice requesting payment. Page 23 of 72 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(IIIB Program) Supportive services include a variety of community-based and home-delivered services that support the quality of life for older individuals by helping them remain independent and productive. Services include the following: (1) Adult Day Care (10)Housing Improvement/Material Aid (2) Chore Services (11)Legal Assistance (3) Companionship (12)Personal Care (4) Counseling(Gerontological) (13) Recreation (5) Counseling(Mental Health) (14)Screening and Assessment (6) Emergency Alert Response (I 5)'I'echnoiogy (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(HICI Program) Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity, promote socialization and the health and well-being of older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Congregate Meals (2) Emergency Shelf Stable Meals (2) Congregate Meals Screening (3) Nutrition Education (4) Nutrition Counseling c. Home Delivered Nutrition Services( 1IC2 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( HD 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 IIID 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 Tai 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 Contract Number AA2529 e. Caregiver Support Services(III E Program) The following services are intended to provide direct help to caregivers,assist in the areas of health,nutrition and financial literacy and assist caregivers in making decisions and problem solving related to their caregiving roles and responsibilities: (1) Adult Day Care (2) Caregiver Training/Support(individual&Group) (3) Respite Services(Home& Facility) (4) Screen ing/Assessment f. Caregiver Support Supplemental Services(IIIES Program) The following services are provided to complement the care provided by caregivers: (1) Chore Services (2) Housing Improvement/Material Aid (3) Specialized Medical Equipment,Services and Supplies. (4) Legal Assistance g. Caregiver Support Grandparent Services( III G 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 DOEA 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 VIL ® 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. d. 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 Contract NumberA&252g \ Service Cost Report(SCR): The Provider shall submit mSCR 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 ofproviding 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 ina withholding nf invoice payment. 2. Sucp1um/DefiobReport The Provider will submit oconsolidated surplus/deficit report in format provided by the Alliance to the AUimnce's Contract Manager in conjunction with the required monthly hiUiogaubmimmiwo.This report im for this contract between the Provider and the Alliance.The report will include the following: o. The Provider's Jc\mi|ed plan, by program and service, on how the surplus or deficit spending exceeding the \9^ threshold will be resolved; b. A detailed plan on how the surplus or deficit spending exceeding the |*6 monthly threshold will be/zwo|ved. The plan must include specific budget numbers hm reflect how the Provider plans to address the variance. o. Number of clients currently un the waiUist(APCL). d. Number wf Unduplicated Client served. In accordance with its surplus/deficit management policies, in order to maximize ovoi|eNc 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 wmonthly plans and is projected to incur a surplus omthe end of the year. 3. Volunteer Activity Report The Provider shall submit mn annual unduplicated report o[volunteer hours nn the format provided 6ythe Alliance. The data collection period is from January I —December 3 1 for each calendar year. The data submission date is five (5) working days following the close of the contract period. 4. eCIRTS Reports: The Provider shall input OAA-specific data into eCIRTS, depending on the instructions provided by the Alliance, to ensure e[|RT8 data accuracy. The Provider shall uucC|RTS'generoted (ornCTRTS generated)reports which include the following: o. 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 lU'"o the current contract year.The Provider shall provide a new success story,quote,testimonial,or human- interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Provider a6o|) provide a brief description of their mission or role. The active tense ahu|| he 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, n:|evnnoe' 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 Alliance.The format must includethe following information: number and type of provider events or activities; date and location; tMu) number of participants at each event or activity; individual service needs identified; and referral sources mr information provided. Reports must be submitted by June 3O and December 3| of each contract year. /kto minimum,the number ofoutreach activities required to&ecompleted annually for the Provider must be consistent with the number of outreach activities referenced in the procurement documents leading to this contract. Page 26cf 72 Contract Number AA2529 7. Health and Wellness Reports The Provider shall submit Monthly Programmatic Reports for EBDPHP services. The Provider shall Submit the monthly reports with the monthly billing in accordance with Section 3.4 of this contract. Invoices submitted in accordance with Section 3.4 of this contract will not be paid unless the programmatic reports are submitted with the billing. The Alliance Conti-act Manager will provide an Excel spreadsheet with the following tabs: Health and Wellness(one for each month);Success Story (reported only in May); Partnership (one tab updated as needed); and a Statistical Breakdown Page. a. Information provided in the Monthly Programmatic Report must match CIRTS data and the Request for Payment. b. The Provider shall review program documentation to ensure documentation is complete and adequately supports the information reported on the Monthly Programmatic Report prior to submitting a Request for Payment.The Provider will attest to the review in the "comments" section of the Monthly Programmatic Report and provide relevant information regarding the documentation as needed. c. Program documentation shall include all the following elements: Sign-in Sheet or Attendance Log;flyers or documentation demonstrating efforts to recruit participants and promote EBDPHP services provided; current facilitator certificates; copy of program license (if applicable); and any forms required by the specific program. d. The provider shall ensure that program documentation includes a Sign-in Sheet or Attendance Log with date, time, name of program,participant names,and name of program facilitator(s). If the Attendance Log does not include a space for participant signatures,additional program documentation must be included with participant signatures that match the participant names and dates in the Attendance Log. Exceptions may be approved by Alliance Contract Manager. Requests must be made in writing and kept with program documentation. e. Participants must write and sign their name on a program sign-in sheet or Attendance Log. Attendance Logs with participant names typed or written in by the same person will not be accepted as program documentation. If a participant refuses or is unable to write their own name and sign, the instructor may sign by proxy for the participant with a note on the sign-in sheet stating why it is necessary to do so(the note needs to be initialed and dated). f. The Provider shall abide by all program fidelity requirements and annually observe delivery of EBDPHP 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. The Provider shall contact the Alliance Contract Manager in the event of an emergency or an exigent circumstance where the provider is unable to maintain an aspect of fidelity of the EBDPHP services (e.g., minimum or maximum number of participants) before the end of the workshop. At the discretion of the Alliance Contract Manager, the service may be reimbursed under this contract; however, if the fidelity infraction is discovered after the program has finished, during the Request for Payment Process or a desk review, the Provider may not be reimbursed for the workshop or shall be requested to reimburse the Alliance the cost of the workshop. fi, The Provider shall collaborate and partner with organizations to extend the reach of EBDPHP services. Partnerships shall be designed to stimulate innovation of new approaches and activities in EBDPHP services, development of greater capacity, and leverage other funding sources. Partnerships shall also address building and sustaining an infrastructure for the dissemination of EBDPFIP services. This includes, but is not limited to, recruitment of trainers and participants,covering costs for licenses,and replicating program fidelity. i. The Provider shall document,and provide to the Alliance upon request,evidence of partnerships created formally through Memoranda 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 Law Program (FELP) Report The purpose of the FELP reports is to collect consistent and standard data to illustrate the range and type of legal assistance provided by the Provider to older persons in social or economic need. Providers funded for Legal Assistance shall submit the Florida Elder Law Program (FELP) report annually to the Alliance in the format provided by the Department to ensure that legal services reached the targeted groups and served the priority issue areas described in Attachment 1, Section 1.4.1 of this contract.The Provider shall compile and report Page 27 of 72 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 from October I to September 3 01h. The FELP Report includes the following areas: a. Cases and Client Information b. OAAP Complaint Case Report A C. Case Examples cl. Education Log e. Referred From 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. 1 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. 1 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. Q. 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 1. Outcomes At a minimum,the Provider must: a. Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section II.A.and Section II.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 I1.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 VIII 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 Contract Number AA2529 2. Criteria a. 66%of new service recipients with high-risk nutrition scores will improve their nutritional status. b. 651,,6of new service recipients will maintain or improve their ADL's assessment score. c. 62.3%of new service recipients will maintain or improve their IADL's assessment score. d. 89%of family and family-assisted caregivers will self-report they are very likely to provide care. 3. Monitoring and Evaluation Methodology The Alliance will review and evaluate the performance of the Provider under the terms of this contract.Monitoring shall be conducted through direct contact with the Provider through telephone, in writing, and/or an on-site visit. The Alliance's determination of acceptable performance shall be conclusive. The Provider agrees to cooperate with the Alliance in monitoring the progress of completion of the service tasks and deliverables. The Alliance may use, but is not limited to,one or more of the following methods for monitoring: a. Desk reviews and analytical reviews-, b. Scheduled,unscheduled,and follow-up on-site visits; c. Client visits; d. 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. 1 Coordination with Other Providers and/or Entities: Notwithstanding those services for which the Provider is held accountable involve coordination with other entities in perfon-ning 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. 1-1. 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 IL 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 111111. METHOD OF PAl 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 Contract Number AA2529 1. Fixed Fee/Unit Rate Payment for Fixed Fee/Unit Rates shall not exceed amounts established in Attachment VI I,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 Ist 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: I. 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 Vill; 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 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 nstr►ections 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 Vill. If the contract is terminated prior to the end date of the contract, then the Provider must submit the final request for payment to the Alliance no more than 30 days after the contract is terminated.If the provider fails to do so,all right to payment is forfeited,and the Alliance will not honor any requests submitted after the aforesaid time period. E. eCIRTS Data Entries for Subcontractors The Provider must require Subcontractors to enter all required data for clients and services in the eCIRTS database per the ®®EA 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 IILD, or any other contractual requirements of this contract, the Provider will have ten (10) business days to submit a CAP 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 III.G.2.of this contract frown 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 tip to the lower of$25,000 or 5%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 up to the lower of$25,000 or 510 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 Contract l4umbcrA/k252A o. Failure mcomply with established assessment and priorih7ginu criteria us per Section |iA and ou evidenced by eC|RTS reports may result inu financial penalty w the lower nf%25.UO0or 5^°and may he calculated mn the totality of all n:|med Alliance funded contracts, depending on the area efcompliance. A second offense may ncso|t in o financial consequence of the lower nf$50.OQ0 or 10Yv and may be calculated on the totality of alliance funded contracts. d. Failure to provide services in accordance with the current D0EA Handbook,the service tasks described in Section |I.A, and the Budget summary(Attachment XO).and/or failure on submit required documentation may result in n result in o financial penalty of the lower of$25.0OO or 5% and may he calculated on the tmm|i4/ of all related Alliance 0/od*d contracts, depending on the area of compliance. A second offense may result in m §onncim| consequence ofthe lower n[$5B4OOUor |O"� and may be calculated on the totality ofrelated Alliance funded contracts. e. Failure to perform management and oversight of the OAA Programs operations may result in m financial consequence o[the io*erof$5O.00Oor |0""and may he calculated nnthe totality m[alliance funded IV. SPECIAL PROVISIONS A. Provider's Financial Obligations 1. Matching,Level nK Effort,and Earmarking Requirement: The Provider must provide u match nfutleast |@ percent of the cost for services funded through this contract,except for Title 111D. The match will be made in the form mf cash and/or in-kind resources. At the end oFthe contract perimd, all funds through this contract,except for Title I|/Dmust bn properly matched. 2. Management and Use o[Service Dollars and Continuity nfService: a. The Provider is expected m spend all funds provided hy 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 ofthe 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. h. The Provider shall ensure that contract services will be provided until the end o[the contract period. |n order tm enable the Provider tn better manage the services under this contract and tomaximize the use of available resources, the Alliance has established a spending authority as identified in Budget Summary,Attachment VII. The Provider is /enpmusiNc for managing ,he spending authority so that n 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 to6c used under the following terms: o. The Provider assures compliance with Scotinn3|5 of the OAAaaamended in20O6. in regard to consumer omn*i6u6nno; b. Voluntary contributions are not m6e used for cost sharing nrmatching; c. Accumulated voluntary contributions are to be used prior to requesting federal reimbursement;and d. Voluntary contributions are m6c used only to expand services. 4. Budget Summary: The Alliance has established a spending authority hosed on services and rate detailed in ,he SPA and the Budget Summary,Attachment V|/and any revisions thereto approved 6y the Alliance. Any changes in the total amounts nythe funds identified nnthe Budget Summary require o contract amendment. Page 32of72 Contract Number AA2529 B. Remedies for Nonconforming Services I. The Provider shall ensure that all goods and/or services provided under this contract are delivered timely,completely and commensurate with required standards of quality.Such goods and/or services will only be delivered to eligible program participants. 2. If the Provider fails to meet the prescribed quality standards for services,such services will not be reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services not meeting such standards will not be reimbursed under this contract.The Provider's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Provider shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. 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 If 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.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 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 Contract Number AA2529 Consumer Price Index(CPI)percentage change for all items as determined by the Bureau of Labor Statistics for the I2® mont s prior to the Department's required Area flan submission date and as per the Alliance policy incorporated her in by reference. See hail /lwa as obl I / hprt,agoma ugt�,tu Iwru a �in�l 4a ar��ala��tt.Lsroca tta a by:: gla,ao utul�t? 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 justifications 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 Contract Number AA2529 ATTACHMENT 11 ATTACHMENT If 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,uxtor the Department as described in this section. 1® MONITORING In addition to reviews of audits conducted in accordance with 2 C F R Part 200 (formerly OMB Circular A-133, as revised), and s. 215.97, F.S.,(see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the Alliance and/or the Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance. In the event the Alliance and/or the Department determines that a limited scope audit of the 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 a r t 2 0 0. EXHIBIT 2 to this agreement indicates federal resources awarded through the Alliance by this agreement. In determining the federal awards expended in its fiscal year, the Provider shall consider all sources of Federal awards, including federal resources received from the 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 P a r t 2 0 0. An audit of the P ro v i d e r 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 1 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 under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Provider's fiscal year end. Page 35 of 72 Contract Number AA2529 PART 1111: 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 years ending September 30,2004 or thereafter),the Provider must have a State single or project- specific audit for such fiscal year in accordance with s. 215.97, F.S.;applicable rules of the Department of Financial Services;and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 2 to this agreement indicates state financial assistance awarded through the Alliance by this agreement. In determining the state financial assistance expended in its fiscal year,the Provider shall consider all sources of state financial assistance,including state financial assistance received from the Alliance, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1, the Provider shall ensure that the audit complies with the requirements of s. 215.97(8), F.S. This includes submission of a financial reporting package as 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 under this part must be submitted within 45 days after delivery of the audit report, but-no later than 12 months after the Provider's fiscal year end for local governmental entities.Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report,but no later than 9 months after the Provider's fiscal year end.Notwithstanding the applicability of this portion,the Alliance retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. 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 200.512,by or on behalf of the Provider directly to each of the following: The Alliance at each of the following addresses: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 107" Avenue Suite 214 Miami, FL 33172 Page 36 of 72 Contract Number AA2529 For fiscal year 2013 and earlier to the Federal Audit Clearinghouse designated in 2 CFR §200.36 at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10"' Street Jeffersonville, IN 47132 For fiscal year 2014 and later, pursuant to 2 CFR §200.5 12, 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 it by accessing the Federal Audit Clearinghouse. The Provider shall submit a copy of any management letter issued by the auditor, to the Florida Department of Elder Affairs, via the Alliance, at the following address: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 107" 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 the 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 107" Avenue Suite 214 Miami, FL 33172 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 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 ofthe Auditor General,should indicate the date that the reporting package was delivered to the Provider in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Provider shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Department or its designee, the CFO or Auditor General access to such records upon request. The Provider shall ensure that audit working papers are made available to the Alliance and/or the Department or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Department. Page 37 of 72 Contract Number AA2529 ATTACHMENT If 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 subjectto2 CFR Part§200.3 8 and/or s.215.97,F.S. X Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or s. 215.97, F.S. Exempt organization not subject to 2 CFR Part§200 and/or s. 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district 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 H: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply with the following fiscal laws,rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN -rRIBES MUST FOLLOW: 2 CFR Part §200.416-Cost Principles* 2 CFR Part §200.201- Administrative Requirements" 2 CFR Part§200.500- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part§200.400-.41 1-Cost Principles* 2 CFR Part §200.100-Administrative Requirements 2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)MUST FOLLOW: 2 CFR Part §200.418-Cost Principles* 2 CFR Part §200.100-Administrative Requirements 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 in the 2 CFR Part §200.400(5)(c). "For funding passed through U.S. Health and Human Services, 45 CFR 92; for funding passed through U.S. Department of Education, 34 CFR M STATE; FINANCIAL ASSIS'I'ANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient must comply with the following fiscal laws,rules and regulations: Section 215.97, Fla. Star. Chapter 691-5, Fla. Ad in. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations III The Remainder of This Page Left Intentionally Blank Page 39 of 72 Contract Number AA2529 ATTACHMENT If FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBrr 2-FUNDING SUMMARY hLjg;_TuIe 2 CFR§200.331,as revised,and s.N5.97,F.S.,require that information about Federal Prograrns and StateProjeos included in ATTACHMENT 11, Exhibit I be provided to the recipient.Information contained is a prediction of funding sources and related amounts based on the contract budget. L. FE DERAI...RFSOU RCES A WA RDE D TOTH E S U BREC I P I ENTPU RS UAN'I"I'0111-1 IS CONTRACT CONS 9 ST OF'I"I-IF FOLLOWING: PROGRA'MTH'I'LE FUNDING SOURCE CFDA A'%IOUN'r ............................. Older Americans Act U.S.Health and Huw�tn Services 93.044 $69.21 LOO Title HIB Support Services -................. ................................................. Older Americans Act U.S.Health and I luman Services 93.045 $138.000.00 Title HICI Congregate Meak ........... Older Americans Act U.S.Health and Human Services 91045 $238,000.00 Title MC2—Home Delivered Meals .................................................................................. Older Americans Act U.S.Heafth and Human Services 93,043 $29.450.00 Title HID Older Americans Act $136,260.00 Title ME Caregiver Support Services U.S,Health and I funiari Seri ices 91052 $3 0�000.00 Title III IEG—Caregiver Support Services $78.360.00 Title III ES C�! Ui'j...........................-er Americans Act U.S.Ifealdii and Hunian Services 93.053 Nutrition Services Incentive Pro rarn I I TOTAL FEDERAL AWARD $719,281.00 ............................................................... COMPI,I A NCE REQU I RE-MENTS A PPLI CA B LE TO TH E I-EDE RA L RESOURCES A WA RDED P URSUANTTO-1111 S CONI-RA CT ARE AS FOLLOWS: 11DLaAL_LU=L 2 CFR Part 200-Uniform AdministratiN e Requirements.. Cost Principles,and Audit Requirements for Federal Awards.OMB Circular A-133- Audits of States.Local Governments,and Noun-Profit Organizations 2. STATE RESOURCES AWARDS DTOTHE,RECIPIENT PURSUANT'TOTHIS CONTRACT CONS I ST OFTHE FOLLOWING� MATCHING RESOUCES FOR FEDERAL PROGRAMS........................................... PROGRAMTrn.A." FUNDING SOURCE CFDA AMOUNT ................................................... TOTAL STATE AWARD STATE HNANCIAL ASSFIANCE SUBJECT TO sec.215.97,F.S. ......................................................... PROGRAM TITLE FUNDING SOURCE 'FDA AMOUN'l ....................................................................... ..................................... ............. L121ALIEA!1D COMPLIANCE REQUIREMENTS APPLICABLE 1-0 STATE RESOURCES AWARDEE)PURSUANT TO TFIJIS CONTRACT ARE AS FOLLOWS: Section 2 15.97,F.S., Chapter 69l-5, FA.C., Reference Guide for State ENpenditures,Other fiscal requirernents set forth in program la%%s,rules and regiflations. Page 40 of 72 Contract Number AA2529 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA will not award this Contract unless the Provider completes these CERTIFICATIONS AND ASSURANCES in performance of this contract. The Provider provides the following certifications and assurances: A. Debarment and Sus[!ension Certification 9 CFR Part 95 and 45 CEH_Eart 751 B. Certiricationu'----,iigg_l&hhyin '29CFRP art 93and45CFRE art 93j C. Nondiscrimination & Equa 1O) ortunibLAssurance9 CFR Part 37 and 45 CFRjart 801 LM L2..... D. Certification Rear ding.Public J iy Crimes,section 287.133 F S E. Association of Co y rya ratios for Reform Now (ACORN) Funding Restrictions Assurance ffull 111-1171 F. Certification Re roles Lists see F.S. G. Certifb!L,lil ill i 1 !, Prarding 11intm and Cool!erative Agreern is H. Verification of Employment S atus Certification I® Records and Documentation J. Certification Reording Insriection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION. The undersigned Provider certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily eXCILIded from covered transactions by a federal department or agency; 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them forcornmission of fraud ora criminal offense in connection with obtaining,attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or corn mission of embezzlement,theft, forgery,bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State,or local)terminated for cause of default. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including Subcontracts, vendors, sub-grants and contracts Linder grants, loans and cooperative agreements) and that all sub 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 will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement , and the extension, continuation, renew al. amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or employee of a Mernber 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 instructions . The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including Subcontracts, sub-grants and contracts tinder grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Contract was 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 Such 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 non d iscri in i nation 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 admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant tote Regulation of the Department of Health and Hurnan 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 tinder any program or activity for which the Applicant receives Federal financial assistance frorn the Department. 3. Section 504 ofthe Rehabilitation Act of 1973 (Pub. L. 93-112)as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded 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 tothe Regulation of the Department of Health and Human Services(45 CFR Part 91),to the end that, Page 42 of 72 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 prograrn or activity for which the Applicant receives Federal financial assistance frorn the Department. 5.Title IX of the Education Amendments of 1972 (Pt►b. L. 92-3 18), as amended, and all requirements imposed by or pursuant to the Regulation of the epart►Went of Flealth 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 (Pub. L. 101-336), which prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, 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 out the `V✓IA 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 under 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,norany 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 inforrn DOEA immediately upon any change of circumstances regarding this status. 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 t►nder Pub. L. I I 1-117 are available Linder the conditions provided by Pub, L. I I ]-117. Tile 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 amount of$1 million or more, in accordance with the requirements of Section 287.135, F.S., Provider hereby certifies that it is riot 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 riot have business operations in Cuba or Syria. Both lists are created pursuant to Section 215.473, F.S. Provider understands that pursuant to Section 287.135, F.S., the 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 Linder 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 requirements; (2) the Source and application of funds for all contract supported activities; and (3) the comparison Of Outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements Could result in a return of grant funds that have not been accounted for properly. 2. Management Information Systems used by the Provider, subcontractors, vendors, or any Outside entity on which the Provider is dependent for data that is to be reported,transmitted,or calculated,have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified Lobe non-compliant, Provider will take immediate action to assure data integrity. 3. If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology,the undersigned warrants that these products are capable of processing year-date dependent data acCUrately. All versions of these products offered by the Provider (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software prograrns from operating properly,the Provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein,at no charge to the state,and without interruption tothe ongoing business of the state,time being of the essence. 5. The Provider and any subcontractors and/or vendors of services Linder 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. H. VERIFICATION OF EMPLOYMENTSTATUS 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 sub-agreements, sub-grants, and other agreements/contracts and that all subcontractors and/or vendors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was rnade 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 10). 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 Contract Number AA2529 and all contract related records and docurnentation. The Provider shall ensure the collection and maintenance of all prograrn related information and documentation on any Such systern designated by the Department. Maintenance includes valid exports and backups of all data and systems according to Department standards. J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS 1. In addition to the requirements of sections, 10.1, 10.2 of the Standard Contract, and 119.0701(3) and (4) F.S., and any other applicable law, if a civil action is commenced as contemplated by Section 11 9.070 1(4), F.S., and the Department is named in the civil action, Provider agrees to indemnify and hold harmless the Department for any costs incurred by the Department, and any attorneys' fees assessed or awarded against the Department from a Public Records Request made pursuant to Chapter 119, F.S.,concerning this contract or services performed thereunder, a. Notwithstanding Section 119.0701, F.S., or other Florida law, this section is not applicable to contracts executed between the Department and state agencies or subdivisions defined in Section 768.28(2), F.S. 2, Section 119.01(3), F.S.,states if public funds are expended by an agency in payment of dues or membership contributions for any person,corporation, foundation,trust,association, group,or other organization,all the financial,business,and membership records Of Such an entity which pertain to the public agency(Florida Department of Elder Affairs) are public records. Section 119.07, F.S, states that every person who has custody Of Such a public record shall permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances. Additionally, I certify this organization does®does not Zprovide for institutional memberships. Provider's signature below attests that records pertaining to the dues or membership application by the Alliance and the Department are available for inspection as stated above. By execution of this contract. Provider must include these provisions in all related subcontract agreements (if applicable). By execution of this contract, Provider Must include these provisions (A-J) in all related Subcontract agreements (if applicable). By signing below, Provider certifies the representations outlined in parts A through J above, are true and correct. 1100 Simonton Street.2" Floor Title.. ................ignature and Yi da,uthorized Representative Street Address Monroe County Board of County Commissioners, Social Services/in-Home Services 2, Z6 ? V Kev West. FL 33040 Provider Name Date City,State,Zip code Page 45 of 72 Contract Number AA2529 ATTAC11MENT V1 ASSURANCES—NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including tirne for reviewing instructions,searching existing data Sources,gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project(0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency,the Comptroller General of the United States,and if appropriate,the State,through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C.4728-4763)relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race,color or national origin; (b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794),which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107),which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis ofalcohol abuse or alcoholism;(g)523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title Vill of the Civil Rights Act of 1968(42 U,S.C, 3601 et seq.),as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application, 7. Will comply, or has already complied, with the requirements of ifles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of ederal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply,as applicable, with the provisions of the Hatch Act (5 U.S.C. 501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. 276a to 276a-7),the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874)and the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), regarding labor standards for federally assisted construction sub agreements. Page 46 of 72 Contract Number AA2529 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO H 738; (c) protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed Linder the Coastal Zone Managerrient Act of 1972 (16 U.S.C. 1451 et seq.); (0 conformity of Federal actions to State (Clear Air) Implementation Plans tinder Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection Of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L.93-523);and (h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1721 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-I et seq.). 14. Will coin ply with P.L.93-348 regarding the protection of human subjects involved in research,development,and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care,handling,and treatment of warm-blooded animals held for research,teaching,or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE h. ............ APPLICANT ORGANIZATION DATIE SUBMITTED Monroe County Board of County Commissioners,Social 12,12&1=4 Services/In-Home Services Page 47 of 72 Contract Number AA2529 ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE eCIRTS SUMMARY FOR THE AGENCY Re, is A Re jb5B County Wide Total Service Maximu Maxima Maximum maximaxis Maximum Maximum Maximum Maximum Program Services to be Provided Unit Rate Units of Dollars"a Units,of Dollars Units of Dollars; Units of Doll Service service Service Service ars 39.00 59 mkoo -4,490-00- .............................. .......... ... .............................. 173 S 4,48000 as 1-�,��-�----------------------��-- - . -.-............................ PAM .... ......................... .... ..... .............................in -.1 87" " 3;'.?"'19%� 362 27,520.0 13,760.00 362 ,_'_j?47Aq!L - 724 S 0 ..................... .......................................... ............ .............JK $, 1?,760 00, A2.1 OA3B Screening&Assessment $ 90.00 29 2,605.50 '29 S -2 5,50, 58 S 5,211.00 73CI - 4 8,820 $ 132,�300.00 A10, $ .............Mig .............!KM21' I —, . —77 --—---------- ........................ ................. ------------------- PNL-- -------- ................. ............... ......................... ..................................... S 15.00 $ - ............................................................................................................................... .......................... rS- 60 R3Lq!_,,"Egi qTpSgate Meals 0 $ 1(.X) 1,5!K± ...... ................. �75000 ...........................----------............................. Nutrition Education S 2.25 133 300.. ri -3'(W-00" 267 S 600,00 ............ .......... ... ............................................ 03CI N - —------------------- -n! !��qslr........... .................. ............................i ........................ 03CI Congegate Meet%,Screening S 45.00 33 1 33, 1,W00' 67 S 3,00000 77-2 7.-7—D.hvered M.A Frozen T 10.00 10,711 23,058 S 230,584 00 "s,;!-"X un.00m. iimewcyHomcDchvcrxd Shell' Meals $ 15.00 60 900.00 127 S 1,900A ----------- q3 Nutrition,Ed.....ucalwon S 2.25 133 300.00 311 S 700°00 ... ...... ........................03C2 N r8r, 4 $ M,W 7S 70� 0 . 173C2..........Screening&Assessment WOO 21 1,893,00 25, 2 00 46 S 4,116.00 7 7 160 160 S 2.4,00000 "2A3D Chronic Disease Self Management $ 2,651.67 2 5,450,00 2 S 5,450-00 C1A3E .__Adult bay .................................................................. $ 200. ..........1.M10.L.,........2....2....A,0-2..0.......0... L iW 77=_ ... ............2........2........0........-...-$ . 4404000 L i6p T ....... 635 S- w. 28560.00 9 t' 30011000 :L 32 ODD 00 4,133 S 62,000AX) 2A3E Soreenm &Assessment S 90.00 11 .....=00 7, i` 6W,D0' - 18 S 1,660A0 2227 222 ......N...........0....07 � ..2 ......... .... 2A3EG Home Delivered Meals S 10.00 21000 2000000 2,000 S 20,00000 50011'r-111111111-1-20 5.20. S 20,OW 00 ....... ........................................... ................................................ ced Chore 45.00 161 S 7,25000 .................................... Cost peamb S 15,000.00 ----------- 9%!1'5jTk � w 00 OA3ES Hous In nt $ 15 C9A3ES 'gi"e-c-zhzed Medical Equipment&Supplies Cost Reimb $, 21,11000 S 21,110.00 T—OTAL-- 295681,50 't 124 720 4(1 S 137.910.00 $719,281.00 Page 48 of 72 Contract Number AA2529 ATTACHMENT Vill OLDERAMERICANS ACT CONTRACT REPORT CALENDAR ADVANCE AS S CONTRACT Report Number Based On Submit to Alliance On This Date 1 January Advance* January 6 2 February Advance* January 6 3 January Expenditure Report February 6 4 February Expenditure Report March 6 5 March Expenditure Report April 6 6 April Expenditure Report May 6 7 May Expenditure Report June 6 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 e Report#1 for Advance Basis Agreements cannot be submitted to the Department of Financial Services(DFS)prior to January 1 or until the agreement with the Alliance has been executed and a copy sent to DFS. Actual submission of the vouchers to DFS is dependent on the accuracy of the expenditure report. Note#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 I X). 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 7 Contract Number AA2529 ATTACHMENT IX REQUEST FOR PAYMENT FORM 106 OLDER AMERICANS ACT I NSIP TYPE OF REPVRT� PROVOER NAME,ADDRESS,PHONE 9 FED M NUMBER comact 0 Pm,,,de,Name Pmv,dvAdtke%s .—A �PORT# @Wu .. .............. CERTIFICAT*N y kn"�edue sprat th SmT'est owlfr-l"etNah We leriTos j".10 the purpo"m set brth'w� oabovo Puepared By---_.....,._Date............ Appmved By.......................... ............. Date &gnat BUDGET SUMMARY ND WE TOTAL \r ............................. ........... .......... 000 Appiro.lt-d C—troA..um, 0 OE 6J o@ ddd ........... ..... ............. 0 no 0'a U 00 0,00 0001 f6c,kftnP4 End (;dunt�a�fl..Sjfance --------- 0 Cal Goo BOB 000 Do ---- L Cvvveont —!�a!tArnwn%OTed 0 ri 000 Goo 0 0 02 ..................... a 0 Lens Curtta hhntJh Ad,,Pi b ialk —- Ck Do a 00 0 Do 0 DO 010 00 — —-------- Comracled Funds Rego &,;ted fa,Mwth Goo 0.00 1300 B 00 000 0,00 000 P'b all rn&&NQ p F—.P—M N—dvm'.?MA Page 50 of 72 Contract NLIrnber AA2529 ATTACHMENT X EXHIBIT I RECEIPTS&UNIT COST REPORT OAA Sub"title 111-B ................ ........................................ ... _77!5MYW,AQQAESS. H -9 and T PERIOD: .......... ............................................................................. ........... 0 kp 0AAH11,Ci OAA fll C2 P-11-1 ly OAA IN 0 .......... County 0 REFOR7 0 7-0 ............- -.- ............................................ L F....... �#y 0'.1 4'a crud-d -d l(10 rep "a""'—v Ps*'pared bv �.......... .............rj"Ip............- Appm�e'bV . ................ DWe FMICIOM—EIRECEIPFS A AppmedBudget 0 Actuai Total Billing C Tota Brifing 0 %of Arproved Prior Ma.YTO th�j.re V le Budget ReKeitits ...................................................... ..................... —-—---------- F,It -1 u d. edeml Furd.% .......... 0 . _ �1-11...............................Pmgoarvii lncome Cash Match,PINS,C'l,IC-2,WE SUBTOTAL Cash Receipts .............................. .............................. .............................. 'L'o.W'In X nd match S 004001 77=--t- TAL RECEWITS S 9MV& BrflaWe Unit Cost Report Undupficated Chents Served (A (13D CC; tD)i (E ji 7 �G� ',A l mj Serme contract BMabki Urul Rate AmouintEavv Y-T-0 y!r.o cunent mu"Vil 'Y'-T D Code Amount Liflits TWt Pvvc 8411W 81taWe Undup Chents Undiop Cieri3 P,l., Wh YTO Pd.,Witth Una- coca— se"Vel Sewed rlungta, YTO SS $ ........................ ....................... ..................................................... ------ ............... ...... -------- ----------- --------------------- --------- ---------- ... ....... ................................ .... ..................... ............... -------- --- ................---, -- - --- i --------------- ............... ................... ECHO Cost Re0mb S MATE Cost ReCnib. $ .......... cost ....)11. —----— ]dii ::: -1............ scsm Cost Rehvfb $ S ................. ............................. ..................... ....... .................................. Total S PSA 0 1 t OAA NSP Form Revwd liw dmbw 2024 Page 51 of 72 Contract Number AA2529 ATTACHMENT X EXHIBIT 2 RECEIPTS Mitt)EXPENDITURE REPORT NSIP PROVIDFJR NAME,ADDRESS,PFDNF.# PROGRAM FUNDING SOURCE: ............................a.................. NSIP x Cft-f P...d 0 0 0 C...ty REPORT# EN R.1ion Cr-.RTlFICAT*N t cer*to the best of nV vuvrwta Te beW Utat s r is oonpsueteano all y: Wein trx purfm�set offltm?- Prepared by: Dole— AWoved by w Date (Sig-t—) fSgV&0 CURRENT YEAR TO OAT E MONTk!.............. PREVIOUS YFDUNITS NGREGA f.ICbME rxiRERE5. .......CO—PUREGATE. ---WNG—RrGATE F9 1 RE.D OAA Ftowick d Weals UNvrs^ 0 a 0 0 LSP FmWd gals UNITS 1') 0 0 0 NDP Funded Weals UNITS a 0 0 0 total Funaws Ovals uNrTs 0 0 0 0 0 0 Lne I Times$72 is per at E7--$O 0 $0011 SO 0�0 [��Ml D Total�K*&�O �YTD ToU�K*W. MTD Total Expenciture ........................................................... CONTRACT SUMMARY Approved Contract Amunt Actual Expenditures for ths Rewrt SO.00 Total ExpeoWures Year to Data ConbW Elalance Shedd recoonte to C1 and C2 unfts Wiled fcw the nmth It nol an ex tiro ryu be ovide below ....................... .............................................................................. I............... PSA,M OAA NSF F—,R—M D�,nW2024 Page 52 of 72 Contract Number AA2529 ATTACHMENT EXHIBIT PSA/PROVIDER MONTHLY MEALS REPORT PSA Number 11 Month of Report Number of days served this month Total number of meals,regardless of funding source,served to: -all persons 60 years of age or older and their spouses„regardless of age -volunteers,regardless of age,who provider services during meal hours on a Regular basis -handicapped or disabled individuals residing in housing facilities occupied primarily by elderly at which congregate 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 ®ate: PSA#11 OAA NSEP Forms,Revised Decedmber 2024 Page 53 of 7 Contract Number AA2529 AT TACIT MENT B STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name: Monroe County Board of County Commissioners, Social Services/In-Home Services County:Monro� Address 11 OC) im L)+,b.1 61rreet Completed By < City, State, Zip Code Date2-102- Telephone ?05 Z-92-- 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:—r�?e, eniirc, r 04! - 2 ;2ix--cx��wmr-�PWA 2. POPULATION OF AREA SERVED. Source of data: &A6 c® N %Black %Hisp=anici�%�Other Oo Female 3. STAFF CURRENTLY EMPLOYED. Effective date: — —..---T— T /.other 72 m Total# %White °!®Black T %/.Hispanic J96L %Other TV-%Ferr 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: i 1 2 E ETHE# %E�White �%�Black %Other �%�.Feimy�ale 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. PART Ill. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with OEA?If NA or NO, explain. NA YE5AO ......................... ...............---------------- ........................... Page 54 of 72 Contract Number AA2529 T Compare the staff composition to the population. Is staff representative of the population?If NA or NO, explain. NA YES 0 8. Are eligibility requirements for services applied to clients and applicants without regard to NA YES NO race, color, national origin, sex, age, religion or disability? If NA or NO, explain. El 12"[1 .................................. .................................................. ..................... ............. Page 55 of 72 Contract Number AA2529 9. Are all benefits, services and facilities available to applicants and participant in an equally effective manner regardless of race, sex,color,age, national origin, religion or disability? NA_YES 7NO_If NA or NO,explain. ........................-..............-............................ ............................................................................... ................................................'_.................................. ................................................ 10. For in-patient services, are room assignments made without regard to race, color, national origin or disability? NAYES_N0_ IfNAorNO, explain. ...................... .................................................................................................................. 11. Is the program/facility accessible to non-English speaking clients?If NA or NO, explain, Ye's ...................... 12. Are employees, applicant and participa s informed 9f their protection against discrimination? If yes, how? Verbal 17 Written PoPoster Z If 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 th p, ram cility physically accessible to mobility, hearing, and sight-impaired individuals? NA YE*NO IfNAorNO, explain. ........................................................... ....................................... ...... PART'III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 15. Has a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? If NO,explain. el 16. Is there and establi ad grievance procedure that incorporates due process in the resolution of complaints? :ZO-If NO, explain. ............................................................................ —-—----- .................................................................................................................................................1-1-.11111-1-1.................................... ...................................I'll..........................................................-......... Page 56 of 72 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 the basis of disability?If NO, explain. \ e e .....................................-................... ........... ....................... 19. Are auxiliary aids vailable to assure accessibility of services to hearing and sight impaired individuals? YES aids If NO, explain. ......................................................................................................................... —--------------------------------------------------- ...... ....................... .........................................--- . -- PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF$50,000 OR MORE. 20. Do you have a written affirmative action plan? YESZNO_ If NO,explain, --- ..................--,......................... .................... ...................- .................I'll.......-...............-.................................................. .................................................................................... Alliance USE ONLY Reviewed By In Compliance: YES ® NO*0 Program Office *Notice of Corrective Action Sent Date Telephone Response Due —/—I— On-Site � Desk Review ® Respanse Received _/_!� INSTRUCTIONS FORTHE CIVIL RIGHTS COMPLIANCE CHECKLIST I. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target Population such as adolescents,describe the target population.Also,define the type of service provided. Page 57 of 72 Contract Number 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 from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida Population statistics. Include the source of your population statistics.("Other"races include Asian/Pacific Islanders and Arnerican Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race,sex and disability. Include the effective date Of Your summary. 4. Enter the total number of clients who are enrolled,registered or currently served by the program or facility,and list their percent by race,sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex,and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the prograrn 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 D®EA recipients and their sub-grantees,45 CFR 80.4(a). 7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff?. S. Where there is a significant variation between the race,sex or ethnic composition of the clients and their availability in the population,the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any d iscrimi nation.Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons,45 CFR 80.3 (b)(6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment?Evidence OrSUch 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 CFI 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). IL For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race,color, national origin,or disability,45 CFR 80.3 (a). 12, The program/facility and all set-vices 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 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 HHS. The information may be Supplied verbally or in writing to every individual,or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility,45 CFR 80.6(d). 14. Report number of discrimination complaints filed against the prograin/facifity.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 program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restroorns, 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: With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. I Modify policies and practices that do not meet Section 504 requirements. E I 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 ernploy 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. Programs/facilities that employ 15 or more persons Must provide appropriate auxiliary aids to persons with impaired sensory,manual or speaking skills where necessary. Auxiliary aids may include,but are not limited to, interpreters for hearing impaired individuals,taped or Braille materials,or any alternative resources that can be used to provide equally effective services, (45 CFR 84.52(d). 21. Programs/facilities with 50 or more employees and$50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60 and Title VI of the Civil Rights Act of 1964,as arnended. Page 59 of 72 Contract Number AA2529 ATTACHMENT DEPMMM OF ODER AFFAIRS BACKGROUND SCREENING ATTESTATION O -EMPLOITR AtrrH0R=..M.L EIIPLOITRSare required to °t this form attesting to compliance with the prowisionster 43.4 and section i3O.O4O2 of the Floridates° The wm" n or entity reqwred by law to condbad backgroand ,UwAnchou to,Area Agencies an ,Lad ws„and Semice contract Providers that daw*or. with the Dot of Ekder Affairs(DOS),and airy other pason or oy . %olumsers in sertrice who moo the defication of a See S 435. 2,4 2„Fla.Star. A direct servece provider as"a person 18 years of age or older who,purmant to a program,to pvni&ser%ices to the y,has direct fic"o-face contact with a chmt while providing smaces to the chew and has access cheat's living arwas, personal property,or s. 17 The tem also includes,but is5not limited to,the adonnistrator or a similarly btled person who as responsible for the day-to-day operations of tbe ,&e financial officer ow similarly tided person who is responidsle for dea fiwacial operations of the pren-tder, rs, m of residential facibtacs, and %mlameers,and airy odw person.'webag emplayment vedle a prop,-der wto is expected to,or whws responsibilities y require bizo or her to,provideto chew foods, property,or Irving areas5 30. (1. ), , 023) As the duly anthortzedrepreseatative of; D te;vLces of Employer) Located at dl __iq.:.. 0' a Street address city, tate Ztp Code of Under penalty ., of ) hereby sweat or affirm&at the above-mmed employer is in comphance vnth the provmons. of chapter 35 tt .„, 2�f Sregarding lewel 2 background screttang Signature of Repxeaentstrve Date Form aa> lat-1 ,.,5j 4� Page 60 of 72 Contract Number AA2529 ATTACHMENT F Alliance for Aging,Inc. Business Associate Agreement This Business Associate Agreement is dated I t-lda —, by the Alliance for Aging, Inc. ("Covered Entity") and Monroe County Board of County Commissioner., Solial Services/In-Home Services, ("Business Associate"), a not-for-profit Florida corporation. 1.0 Background. 1.1 Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the use of Protected Health Information(PHI). 1.2 Covered Entity recognizes the requirements of the Health Insurance Portability and Accountability Act of 1996(HIPAA)and has indicated its intent to comply in the County's Policies and Procedures. 1.3 HIPAA regulations establish specific conditions on when and how covered entities may share information with Providers who perform functions for the Covered Entity. 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.§§ 164308, 164.3107 164,312,and 164.316(2009)and such sections shall apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity. The parties therefore agree as follows: 2.0 Definitions. For purposes of this agreement,the following definitions apply: 2.1 Access. The ability or the means necessary to read, write, modify, or communicate data/information or otherwise use any system resource. 2.2 Administrative Safeguards. The administrative actions,and policies and procedures,to manage the selection,development, implementation,and maintenance ofsecurity measures to protect electronic Protected Health Information(ePHI)and to manage the conduct of the covered entity's workforce in relation to the protection of that information. 2.3 ARRA. The American Recovery and Reinvestment Act(2009) 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. 18 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons or processes. Page 61 of 72 Contract Number AA2529 2.9 Electronic Protected Health Information (ePHI). Health infort-nation as specified in 45 CFR §160.103(1)(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 under the same direct management control that shares common functionality. A system non-nally includes hardware, software, information, data, applications,communications, and people. 2.12 Integrity. The property that data or information have not been altered or destroyed in an unauthorized manner. 2.13 Malicious software. Software,for example,a virus,designed to damage or disrupts a system. 2.14 Part 1. Part I®Improved Privacy Provisions and Security provisions located at 42 United States Code(U.S.C.) §§ 17931 and 17934(2010). 2.15 Password. Confidential authentication information composed of a string of characters. 2.16 Physical Safeguards. The physical measures,policies,and procedures to protect a covered entity's electronic information systems and related buildings and equipment,from natural and environmental hazards,and unauthorized intrusion. 2.17 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E. 2.18 Protected Health Information(PI-11). Health information as defined in 45 CFR§160.103,limited to the information created or received by Business Associate from or on behalf of Covered Entity. 2.19 Required By Law.Has the same meaning as the to "required by law"in 45 CFR§ 164.103. 2.20 Secretary.The Secretary of the Department of Health and Human Services or his or her designee. 2.21 Security incident. The attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. 2.22 Security or Security measures.All of the administrative,physical,and technical safeguards in an information 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. 124 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 to 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 7Z Contract Number AA2529 (a) Implement policies and procedures to prevent,detect,contain and correct Security violations in accordance with 45 CFR § 164.306; (b) Prevent use or disclosure of the PHI other than as provided for by this Agreement or as required by law; (c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePFII that the Business Associate creates,receives,maintains,or transmits on behalf of the Covered Entity;and (d) Comply with the Security Rule requirements including the Administrative Safeguards,Physical Safeguards,Technical Safeguards, and policies and procedures and documentation requirements set forth in 45 CFR §§ 164.308, 164.3 10, 164.312,and 164.316. 3.3 Business Associate agrees to mitigate,to the extent practicable,any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 3.4 Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware.This includes any requests for inspection,copying or amendment of such information and including any security incident involving PHI. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any individual whose unsecured PHI has been,or is reasonably believed by the Business Associate to have been,accessed,acquired,or disclosed during such security breach;and (b) All information required for the Volice to the Secretary of 111-IS of Breach of Unsecured Protected Health 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 PI-11,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, 3.10 Business Associate agrees to provide to Covered Entity or an individual, upon request, information collected to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528 and ARRA§ 13404. 3.11 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the confidentiality, integrity,and availability of PHI in electronic or any other form,that it creates,receives,maintains,or transmits on behalf of the Covered Entity. 3.12 Business Associate agrees to implement security measures to secure passwords used to access ePHI that it accesses, maintains,or transmits as part of this Agreement from malicious software and other man-made and natural vulnerabilities to assure the availability,integrity,and confidentiality of such information. Page 63 of 72 Contract Number AA2529 3.13 Business Associate agrees to implement security measures to safeguard ePHI that it accesses,maintains,or transmits as part of this agreement from malicious software and other man-made and natural vulnerabilities to assure the availability,integrity, and confidentiality of such information. 3.14 Business Associate agrees to comply with: (a) ARRA§ 13404(Application of Knowledge Elements Associated with Contracts); (b) ARRA§ 13405(Restrictions on Certain Disclosures and Sales of Health Information);and (c) ARRA§ 13406(Conditions on Certain Contacts as Part of Health Care Operations). 4.0 Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement or any related agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for,or on behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity, 5.0 Specific Use and Disclosure Provisions. 5.1 Except as otherwise limited in this agreement or any related agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 5.2 Except as otherwise limited in this agreement or any related agreement,Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to 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. 53 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR §164.504(e)(2)(i)(B),only when specifically authorized by Covered Entity. 5.4 Business Associate may use PHI to report violations of law to appropriate Federal and State authorities,consistent with 45 CFR§164.5020)(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.allianceforaging.org. 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 Contract Number AA2529 (a) These Business Associate Agreement provisions, with the exception of the electronic security provisions and the provisions mandated by ARRA, HITECH and Part I shall be effective upon the later of April 14,2003,or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI; (b) The electronic security provisions hereof shall be effective the later of April 21,2005 or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI;and (c) Provisions hereof mandated by ARRA, HITECH and/or Part I shall be effective the later of February 17, 2010 or the effective date of the earliest contract entered into between covered entity and business associate that involves the use of PHI or ePHI. 8.2 Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (a) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (b) Immediately terminate this agreement if Business Associate has breached a material term of this Agreement and cure is not possible;or (c) If neither termination nor cure is feasible,Covered Entity shall report the violation to the Secretary. 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 ePHI. (b) In the event that Business Associate or Covered Entity determines that returning the PHI or ePHI is infeasible, notification of the conditions that make return of PHI or ePHI infeasible shall be provided to the other party. Business Associate shall extend the protections of this Agreement to such retained PHI and ePHI and limit further uses and disclosures of such retained PHI and ePHI,for a minimum of six years and so long as Business Associate maintains such PHI and ePI-11,but no less than six(6)years after the termination of this agreement. 9.0 Regulatory References. A reference in this agreement to a section in the Privacy Rule or Security 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 amend this agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule,the Security Rule and the Health Insurance Portability and Accountability Act of 1996,Pub.L.No. 104-19 1. 11.0 Survival. Any term, condition, covenant or obligation which requires performance by either party hereto subsequent to the termination of this agreement shall remain enforceable against such party subsequent to such termination. 110 Interpretation. Any ambiguity in this agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and Security Rule. 13.0 Incorporation by reference. Any future new requirement(s),changes or deletion(s)enacted in federal law which create new or different obligations with respect to HIPAA privacy and/or security, shall be automatically incorporated by reference to this Business Associate Agreement on the respective effective date(s). 14.0 Notices. All notices and communications required, necessary or desired to be given pursuant to this agreement, including a change of address for purposes of such notices and communications, shall be in writing and delivered personally to the other party or sent by express 24-hour guaranteed courier or delivery service,or by certified mail of the United States Postal Service, postage prepaid and return receipt requested,addressed to the other party as follows(or to such other place as any party may by notice to the others specify): Page 6S of 72 Colitt'act Number A,A2529 To Covered Entity: Alliance for Aging,lne. Attention; Max.Rothman 760 NW 107 Avenue Miami.Florida 33t72 To Business Associate: ;Monroe County Board of County Commissioners,Social Services hi-Home Services 1100 Simonton Street,2",Floor Key West,FL '33040 Any such notice shall be deemed delivered upon actual receipt..t f any notice cannot be delivered or delivery thereof is refused,dehvery mill be deemed to have occurred on the date such delivery was attempted. 15.0 Governing Uaiv. the laws of the State of Florida, without giving effect to princip(es of conflict of la%Vs,govern all matters arising tinder this agreement. I6:0 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. iTO Successors. Any successor to Business Associate (whether by director indirect or by purchase; pierger, consolidation, or otherwise)is required to assume Business Associate's obligations under this agreement and agree to perform"them in the same manner and to the same extent that Business Associate would have been required to if that succession had not taken place. This assumption by the successor of the;Business Associate's obligations shall be by written agreement satisfactory to Covered Entity. 18.0 Entire Agreement. This agreement constitutes the entire agreement of the parties rielati,ng to the subject ivauerofthis agreement and supersedes all other oral or written agreements or policies relating thereto, except that this agreement does not limit tire amendment of this agreement in accordance with section 10.0 ofthis agreement. Co.veredEittity: Alliance for Aging,Inc. fax B rPthff& Jan 6,2025 ay,M,.a qo1} ,;Io 4,25251/:ii can Date: (Signature) business Associate;Nfooroc County 130at-d of County Coin rnissiiiOrs,Social Servteeslln-Ileme Services. . h i t! e ( 1 u C��y Digitally signed by Christine Hurley Date:2025;01:02 14:10:22-O5'00' By Date: (signature) Board of County Commissioners Attests €Kevin Madrjk., Clerk of Monroe County„Florida /I . t s Deputyr r erk _# t r R 4 Mayor Jam s K. chol( � r z Y day ta,l'R411ofm.4.4�� t . �" ;s S •_a — I A MC, ntY rlltorcxy 1. .Darr. 1.127124 Page 66 of 72 - 1 Contract Number AA2529 ATTACHMENT G Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline AGING AND DISABILITY RESOURCE CENTER(ADRC)—OUTSOURCED FUNCTIONS 1. If applicable,the provider agrees tothe following: A. Perform ADRC outsourced functions in accordance with the Alliance's policies and procedures. i. Policies and Procedures for Outsourced Function-Screening ii. Policies and Procedures for Outsourced Function-Triage iii. Policies and Procedures for Activation from Waitlist-Client Services iv. Policies and Procedures for Tennination from Waitlist-Client Services B. Maintain wait lists in eCIRTS in accordance with DOER requirements. C. Adhere to prioritization and targeting policy as set forth in the Handbook,as applicable. D. Ensure the Provider's Disaster Plan reflects ADC Outsourced Functions, annually or as needed to incorporate ADRC outsourced functions. E. Ensure against conflicts of interest and inappropriate self referrals by referring consumers in need of options Counseling or long-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) MUSt maintain waiting lists in the eCIRTS database for registered services when funding is not available. Page 67 of 72 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 detennining level of need and eligibility for registered services funded through OAA and LSP programs. Procedure: I. Providers will collect information from callers and conduct a 701S assessment, Alternatively, if a 701 A(B) assessment already exists or is provided from another Provider the information from the 701 B can be utilized. 2. The Provider will determine the services needed and the appropriate funding source(s)that provides the needed services. If the caller is in need of a 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 ec I RTS. 5. For non-case managed programs, 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 DOEA Wait List Reassessment Standards and encourage caller to contact the ADRC Elder Helpline with any questions. Page 68 of 72 Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider el line 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 DOEA funded services receive services based on the highest level of need, first,as funding becomes available. Policy: To assist clients in obtaining DOEA funded services as funding becomes available,based on level of need as determined by an eCIRTS priority score, Procedure: I, The Provider will conduct annual reassessments based on DOEA 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. 3. The Provider will ensure that the eCIRTS prioritization score is accurately maintained, according to DOEA Standards. If a significant change has occurred prior to the annual re-screening, the Provider must re-screen. Definitions and examples of significant change are documented in the DOEA Programs & Services Manual Chapter 2. 4. If the caller is in 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 remind client of the ADRC Elder Help Line contact number and to contact the ADRC Elder Help Line with any questions or concerns. 6. As funding becomes available, the Provider will run the eCIRTS Prioritization Report and activate clients according to DOEA Standards (refer to ADRC Client Activation Policies and Procedures). The Contracted Provider will apply targeting criteria,as appropriate,to prioritized clients to ensure activations meet programmatic requirements. Page 69 of 72 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 DOER funded services in Miami-Dade and Monroe Counties and on the eCIRTS wait list begin to receive services as funding becomes available. Policy: ADRC will work with Providers to ensure that clients waiting for DOER funded services begin to receive those services as funding becomes available. Procedure: 1. The Provider will activate clients on the eCIRTS wait list based on DOER prioritization polices and funding 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-DOER 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 Helpline if they have any questions or concerns regarding the status of any of their services. Page 70 of 72 Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Termination fro m 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 Miami-Dade and Monroe Counties. Policy: ADRC will maintain an acc►►rate and current list of clients in need of elder services in Miami-Dade and Monroe Counties with the assistance of the ADRC Contracted Providers. Procedure: I. The Provider will re-screen clients which the Provider initially placed on the eCIRTS wait list for services based on DOER 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 tennination code for any services or funding Source for which the client is determined to no longer be eligible for or no longer in need of 5. The Provider will inform the client of any services/funding source that they are being removed from the wait list for. 6. The Provider will inform client of their ability to be re-added to the wait list if their level of need should change. 7. The Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding their wait list status. 8. Reference the Handbook as applicable. Page 71 of 72 Contract Number AA2529 ATTACHMENT H CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CMBE FORM) C,WRE f'OR,11,1111ST,,ICCO,ttf]A.N')'I,\'101(,ES S1 RVITTLD 70 ALLIAACE PROVIDER: CONTRACT NUMBER: *REPORTING PERIOD-FROM: TO: -(DATE RANGE OF RENDERED SERVICES,MUST MATCH INVOICE SUBMITTED) COA TJCT DOEII 01BE COORDINA SUBCONTRACTOR NAME SUBCONTRACTOR'S CARE EXPENDITURES f EID . . ............................................................... . ........... ..................... .......... . .................................. DOER USE ONLY REPORTING ENTITY(DIVISION,OFFICE,ETC) SEND COMPLETED FORMS VIA INTEROFI ICE MAII,TO:RJS'I IN TAYI,OR CMBE COORDINATOR,(."ON'I'RAC'I'ADMINIS'I'RA'I'ION&PURCHASINGJALI-AHASSFE.FI,ORIDA 32399-7000. If unsure if subcontractor is a certified rninority sty gjigL_click©n jt!j�Lerlink below.Enter the name of tliq_Lqq_tier click "search".OnI3�Certifjed�Minoriit�Busin�essEnti�tieswill be�dis la�ed. hit d d�rnsm flor�ida.coi�i�i/d�iirec�tor�ie,i [\'STR(JC_770�\S (A) Enter the provider name as it appears on)our Alliance contract. (B) Enter the Alliance contract number. (C) Enter the service period matching the current invoice's service period. (D) Enter all certified minority business expenditures for the nine period co%ered by the invoice: I. Enter certified minority business name. 2. Enter the certified minority business FEID number. 3. Enter the certified rninorit) business CMBE number, 4. Enter the amount expended%%ifli the certified minority business for the time period coNered by the invoice. (E) CMBE be form must accornpan) in®'dice submitted to the Alliance for processing. Page 72 of 72 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 26, 2025 TO: Sheryl Graham, Director Social Services ATTN: Lourdes Francis, Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: February 19, 2025 BOCC Meeting The following item has been executed and added to the record: C7 Amendment No. 001 to Contract AA-2529 between the Alliance for Aging, Inc. ("Alliance") and Monroe County Board of County Commissioners to increase the Older Americans Act Nutrition Services Incentive Program (OAA NSIP) grant amount by $23,560.00, bringing the overall total grant amount from $719,281.00 to $742,841.00 for the contract period of 1/01/2025-12/31/2025. Once ratified, the Amendment will be retroactively effective as of January 30, 2025. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT 001 CONTRACT AA-2529 Page 1 This Arncndment entered, into bctwccn the Alliance for Aging,[nc.(Alliance)Monroe County Board of County Commissioners,Social Services/In-Home:Services,(Provider). collectively referred to as the"Parties"hereby amends contract AA-2529 The purpose of.this Amendment is to add NSIP funding to contract AA-2529 Contract amount The Alliance agrees to pay forcontracted services according to the terms and conditions of this contract in an amount not to exceed$742,841,00 subject to the availability of funds. 1. ATTACHMENT 11,Exhibit 2 is hereby replaced 2. ATTACHMENT VIE, CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE is hereby replaced.(Service Units and Funding changes are highlighted) All provisions in the contract and any attachments thereto in conflict with this amendment are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment: This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized. MONROE COUNTY BOARD OF COUNTY rw '*t COMMISSIONIERS,SOCIAL a t ' SERVITESIIN=HOME SERVICES ALLIANCE FOR AGINGii Christine cn „'�;r y1i ' t pate 20250t 29 SIGNED BY:Hurley ,so2:20-0SQtP SIGNED BYe^tAtarasIlOSCS�>SEAE ^ ' 'Christine Hurley NAME: NAME: ,MAZ B. ROTHMAN.JD, LL.M. County Administrator TITLE:.N_ _. ,.. TITLE: PRESIDENT AND CEQ DATE; DATE DATE: Jan30,2025 ®igitally slgnW by Eve Eve M.Lewis Date:2Q25A1.29 r'!' tom!tiil ' �' ti:g6zl As•tio• � �� Approved for form and legal sufficiencyw Eve M.Lewis,Assist n Attest: Kevin Madok�Clerk € s� ° t C n ttorne �'v4vvVYYVc o x mes K. Scholl;Mayor � AR/Deputy Clerk AMENDMENT001, CONTRACT AA-2529 Page 2 A,rTACHMEN'r II I FINANCIAL, AND COMPLIANCE Auii)i,r ATIll-ACHMENT EXIA11BIT 2-FUNDING SUMMARV Tifle 2 C 'edcral Programs and State Projects included in F1R.§200.3311,asivyiscd, and s.2115.97�F.S., requirc that infixinhafionahout F AT.'F CIIIMEN-11- H., Exhibit I he provoded to the reCjPjeaL,rFJJe informadon contained is as Ipiredilctiiuunn of hinding soumes and related amounts hased on the cornrw lbudget. I. FEDERAL RESOURCES AWARIDEDTOTIFIE SUIBRI-I"CIPI F"NTPURSUANTIOTI I IS CONTIRACTCONSIST Or' THE FOLLOWING� .....................................................................................................................................PROGIRA'M TITILIF', FUNIDIING SO[ RC E IC�FD A AMOUNT ..............�5.................................................................................................................................................................. Tiller Americans Act 930 el[113- U.S.11-leall th and Hun unin Scr%ices 91044 $69.211.00 S 2aices ............................................................ ................................................................................ Older Airucricans Act rrilIC IIICI .... '01ri ire'ate Meals U.S.11 icalth and I luman Services 93.0,15 $138.000�00 ... . ................................................. Older Aiinericans Act, Ti0c IIlC2 I-lome Delivered Meals U.S.I lealth and I luman Services 93.0,15 $238.000.00 Older Americans Act U.S. Health,and I luman Ser%ices 93.0,13 $29.,450.00 `ride HID ..............611.,.r................................................................................................................................................... .................................................... Arnericans Act $136.260.00 Title IIIIE-Carcgiver Support Services U& 11 lealth algid 11 luman Scars ices 93,052 SX000 00 Title IFIEG Caregiver Support Services $78.360.00 'I ide 1111 ES C give S pp ............5................................................ ........... 2_2�, �I[yjc.es.............. Ider Americans Act U.S. 11 leaagth and I lurnan Services 93,053 S23,560.00 ..............N . u!rilio.n !n..c..e..n.!.i..v.e PI-o.SM2i.................................................................................... ..... .......... .......... ...... ........ TOTAL FFDERAL AWARD L2= COMIPILIANCE REQUI RE MEN-11-S AP111ACABLE 1-0-1171 IF`FEDERAL RESOURCIFS AWARIDE.117.)PURSUANT TO TH IIS CON]RAC I ARF'AS FOLLOWS: 2 CFR Part.200-Unifbirim Administrafive Requireii-nents. Cost 111ranciples. and Audit Requirements lbr IFederall Awwds.OM13 Circular A-g 33 -AudiilN of States.Local Governitnents., and Non-Profn Organizations 2. S]A 8 1; R]..'SOURCES AWARDED"l-O"I'l-991 RECI PILN r PURSUANTTO I'll IIIS CONTRACT CONSIST OFTFIF FOLLOWMG: M A I CI I ING RESOUCES FOR IFEDLIRA L PROGRAMS PROGIRAMT11TILF.�'. FUNDING SOURCIF L( ............................................................................................. � I FDA AMOUNT............................................................... ................. TOIA1. STATEAWARD ..............................................I............................................................1-........................................................................................................................................................................................................................................ SI A I L FINANCIAL ASSri-ANCIF S4D1FU1FCT TO sec.2115 97.IFS. .................— PROGRAM Y11 H.Jl lUNIDING SOIUIIRCI.� CFDA AMOUNT ............................................................... ................................................................ ............................................................... T4' IA1 AWARD .............................................. COM PIL I ANCE REQUI REM EN-11'S APIP11,ICAB 11,F--,-9.0 S I A1 F"RFSOU RC ES A WA IRD I'D PU RSUAN-I rO-11111 IS CONTIRACTARE AS IFOLILOWS; SCLfion 2 17.97,IF.S., Chapteii 691-5, EA.C., Reference Guiidc fear State ExpendiwTes.Ocher fiscal Fequimments set forth in program b &l� rules and iregulaflons. AMIENIDW-Wrom CONI'RACTAA-2529 Page 3 ATTAOICNIFNI'Vil CON'rIIIIACT WIDGIET St'MMAk%' RVSEIR%lCL ANDTITLE eORTS SUMMARY FOR THE AGENCY Ile kin A colau v%Vidp 1,06al j, Rfl ion B i Mollmum madbunum ma6mum NW immom I'mi I'mBram Smices Eo The ProvidLd .w Unlifis 09 %laximum oludos of hinflunum Illmh%of Slag' kJohs of !Slayainum muumwuaVgm l RhAt Rato SeraUem Doloan Dotomm emUem IDWIlan Dafism -------- ------------ 59 224R00 --------------------------- —4 2,%3B Ev.w S 2585 87 2,24000 2,24000 1171 S 4,00 00 2,13B 15 3900 36 E.2 -- , 0--. 362 S....... ... ..... .. 20,ul(3 . _2A3B OlersTmW Cafe S 4500 306— ----U 3,760 W ..... ....._ mi i 306 S 1336000 -- ----- --- OA35 Saverimg&Assessawa 90 l S 00 N ----- ------ 2,605.50 29 S 2,60.550 5s S 5.,',II11 00 77—t $.-uo 6 6,�5 0 W 7 7 7--,,,,—,,, —S �5 00 ------ i Lit---i_LLam n�l 1: S S 21 C—I EEaE�� S 1500 50 7-750-00 —1 W S—L!Cllll(0-2HC I F rmr nevOme tc,Aeak 15 15 00 P LB A Nwmm Fducamn "5-7-5 ED 3 S 133 300 OD 267 —Swu 0'I 3 00 W OO 6 S 600100, O.W.k (Wgrepte ;Wrcenlxlg 15 4SOO 33 Imumo 33 S 0,500.00 "d Nopa6 S-1000 —110,711 —10147(XI) —7 1237100 .23,059 7�T-" Homp Delaffe Flowul 02,348 , J(1584 00 �7 ._____...._______.. —————------------ - 2 EEMLC��—Sr,IX) ------- 61 ------------------ 12,17 XV 00 F)K'! Nwoon ExJmawsw S i 25 133 3091K) Pa 311 7-0000 —--------T-------- ------- ----------- 3E Mown Coaanwhn 9500 .30i W) 4 S 400.00 .1 5 la)00 ... ---------------- — -------------------- W2 Screening&Assessnienk S W 21 00 25 S 222300 '06 S 4.Q U6 00 S 160 2-1,0MAJ 1q) S LIA ID Owc:Dmaw SiArMaympment 5 2,6M 67 - S 2 —5,4SC1 W—1 --�15,M F OM E 2W 00 110 22,02000 flU97 S 22,020.00 - n 1, S 44,040 W ------------------- .2AJE ESjEE±j22M__L, •B,(KI 31 S 615 S 2.950)W,__.L -------------------- '.')A 3 F L*pft Porky 22 133 5 32 WO 60 LH I' I 2,IM 00 .......... (WE S"mnmgt,,Assmunew 01 9%lK) 7 $ 66400 F, S 0,660 00 i110 ml, — ±),%3LG sluep S S 22:1 $7 10,000 W 4.1MI1:3 Fkwie mAwre(J."t.eak S 0000 S 2000, 20,N)o a) 2,000 S 20,000 w 77305 —Chowe _S40(V S 500 20,00000 UKP $ 20fflao(w ———-------------------- ----------------- 'k 3 a,, ll."idmmed OR"t 45 M- S - 061 7,250A) w S 1,2y.)00 ——-------------------- --------------------- OAMES 'Amenallide Cm Relmh i - -------------V s,Ow w. S 15,8m M. OA3ES Hlous Int nmemeni ('Tim lRq"gnb S 11 SAX)flo� S BAN)00 Elk i--rol !1 1111 1 ''1 S 211,11000 32,72,21 S 215"W GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 23, 2025 TO: Sheryl Graham, Director Social Services ATTN: Lourdes Francis, Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: April 16, 2025 BOCC Meeting The following item has been executed and added to the record: C3 2nd Amendment to Contract AA-2529 between the Alliance for Aging, Inc. and Monroe County Board of County Commissioners to increase grant funding by $210,000.00, bringing the overall total funding amount from $742,841.00 to $952,841.00 for the contract period of 01/01/2025-12/31/2025. Once ratified, Amendment 4002 will be retroactively effective as of March 21, 2025. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT 002 CONTRACT AA-2529 Page 1 This Amendment entered:into between the Alliance for Aging,Inc.(Alliance)Monroe County Board of County Commissioners,Social Services/In-Home Services, (Provider);collectively referred to as the"Parties"hereby amends contract AA-2529 The purpose of this Amendment is to add $105,000 of II113 funding for the In=Home Bundle in both Region A and Region B.This funding increases the total Contract funding by$2.10,000, 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$951,841.00 subject to the availability of.funds: 1. ATTACHMENT II,Exhibit 2 is hereby replaced 2. ATTACHMENT VII, CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE is hereby replaced. (Service Units and Funding changes are highlighted) All provisions in the contract and any attachments thereto in conflict with this amendment are hereby changed to conform with this amendment- All provisions not in conflict with this amendment are still in effect and are to be performed at level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized: NAoE CotJVY ICTTORNEY RdVt`c Fay PE b MONROE COUNTY BOARD OF COUNTY Asst Nnr ATMFWEY COMMISSIONERS L,SOCIA Date 3/21/25 SERVICESAN-HOME SERVICES ALLIANCE FORAGING,INC. SIGNED BY: SIGNED BY Max a.Rothman{Mar 2l,2625 13:U5�bFp Digitally signed 1 NAM .,rh. nn NAME: MAX B: ROTHMAN,dD,LL.1yI,! rn . Hurley - TITLE TITLE PRESIDENT AND CEO • PV Bate-M a_ 09:10:19-04'00' F,;, -o DATE: rDAT ' r fi21, 2025 : N A(ttes 1 v1n ;.Radok, Clerk WMay t lerk amen K. Scholl,Mayor AMENDMENT 002 CONTRACT AA-2529 Page 2 ATTACHMENT II FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT 2-FUNDING SUMMARY Note:Title 2 CFR§200.331,as revised, and s.215.97,F.S.,require that information about Federal Programs and State Projects included in ATTACHMENT II, Exhibit l be provided to the recipient.The information contained is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act U.S.Health and Human Services 93.044 $279,21 I.00 Title IIIB—Support Services Older Americans Act U.S.Health and Human Services 93.045 $138,000.00 Title IHC 1—Congregate Meals Older Americans Act U.S.Health and Human Services 93.045 $238,000.00 Title IIIC2—Home Delivered Meals Older Americans Act U.S.Health and Human Services 93.043 $29,450.00 Title IIID Older Americans Act Title IIIE—Caregiver Support Services $130, 0.00 U.S. ealth and Human Services 93 000.00 Title IHEG--Caregiver Support Services . .052 $ , Title III ES—Care fiver Support Services $78,360.00 Older Americans Act U.S.Health and Human Services 93.053 $23,560.00 Nutrition Services Incentive Program TOTAL FEDERAL AWARD $952,841.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200-Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards.OMB Circular A-133-Audits of States,Local Governments,and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOUCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSITANCE SUBJECT TO sec.215.97 F.S. PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE: Section 215.97,E.S., Chapter 69I-5, F.A.C., Reference Guide for State Expenditures,Other fiscal requirements set forth in program laws,rules and regulations. S 8 ell 1 1 8 H4A HHHHHHHH 8 HHHHH HH H H HH H F. N � � titer 1'- N ® �, M W Y ® � oG SIN x 15 N N N ^ N IV W H N ----------- tao U ® .k t1 ! B 1 I I 1 Y I 1 1 o a I�f ^ n r+1 m '°t rRC1wwe� ®j r In vl d M ® H H H H H H H H H H H H H H H H H H H H H u Vy N 6 1 1 r+ N 1 I 1 I e o d PI _ i 8 S S h ® 25F ��, n M M 1!}. ^a M CAI N N M d [C~•1 H Pill v9 evryy ��77 Y N _N_�t . d .6 w w I V1l�$ 4 H h h W1 N Yd VY Ire [V W ' ® ^ ItY V1 O VS . C • M N M M Q4 In N �' ^ HHHHH c9HSA GA 4ft H Gft HH HHHH HH HHUUU y a > a c U ° °� o U °•� e U A 5 w6° A rod ro H H w U H Uwv� UUU V xw d tnx x � T�OOROO<� NNNrvN C1A w W W M M M M r� Md U U U U U U U U U U c d d d d d ¢ d nMMMMMMMMMMO O d0 0 0 0 0 00 0 00000o 0 0 0 O O O O o z lien : 1458462 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MIDD ) /1 / 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU (S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the olicy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: I Insurance Srvcs-Indiana PHONE 7 6 AIC No Eut: A/C,No 3-11 1 t Circle Dr. E,Ste 120 E-MAIL ADDRESS: Fort Wayne,IN 46825 INSURER(S)AFFORDING COVERAGE NAIL# 1 INSURER A:Pennsylvania Manufacturers Assoc.Ins. 12262 INSURED G.A.Food INSURER B; IS Surplus Insurance Company 2662 Services rolls uideOne National Insurance Company 1417 1 t., North INSURER c: P Y County,LLC; INSURER D:Federal Insurance Company 1 Saint terur L 1 Hanover Insurance Company INSURER E: p Y INSURER F:Manufacturers Alliance 136897 COVERAGES CERTIFICATENUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE.BEEN ISSUED TO THE INSURE® NAMED ABOVE FOR THE POLICY EMOD INDICATED, NOTMTHSTANDING ANY REQUIREMENT„ TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY "EHE POLICIES DESCRIBED HEREIN IS SUBJECT 'TO Al L.. THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ADDL SUB POLICY EFF POLICY EXP LTR LTR TYPE OF INSURANCE INSR WVD ........POLICY ....... MMIDD MMIDDI LIMITS .._. ........ A X COMMERCIAL GENERAL LIABILITY X 3025000298901 3/15/2025 03/15/202C EACH OCCURRENCE ,In 1„r000,000 DAMAGE TO RENTED ... ...�CLAIMS-MADE X� OCCUR EREMI�,E"�v(E�a roaa�.o?RroxuT ) $100R000 „ X BI/PD I MED E-XP(Amly one per=u) T 5,000 PERSONAL.$AD'V INJURY $1,000,000 GENT.P�I I YL�OAR�11R0- PR LIMIT APPLIES uE p Lc L fNI-"BAIT ACCHI-C�A"rcl s2,000,000 p OI UCR S"C.OMROP AOC s 2,000,000 O6HER S F AUTOMOBILE LIABILITY x 1525750298901A 3/15/2025 03/15/2026 COMBINED SINGLE LIMIT If.Is,<Aexfivieouk) �2,000,000 X ANY A0.U'd'6:7 { IIXIK T EBOOIE Y IN1URY(Per,a,,0 nI $ .. OWN ED SCHEDULED BODILY INJURY(Per ax detl T _.... ALTTz AUTOS ONLY XHIRED XNONOWNIED DATE,._... ... . _ lROPERTYDAMAGE AUTOS ONLY AUTOS ONLY WK $ .., �._�.... I'�asrm ,o¢fetruG.I.., ...., (i B UMBRELLA LIAB OCCUR x P00100079730304 3/15/2025 03/15/202 EACH OCCURRENCE 1 1.000,,000 �( EXCESS LIAB X CLAIMS MADE, AGOREOATE-: � OOO,099 RETENTION $ .. A WORKERS COMPENSATION 2025750298901 3/15/2025 03/15/ 02 FR L R Ii AND EMPLOYERS'LIABILITY aTAT6JTL FIB YIN ANY PROPRIETORIPARTNERJF.XECU.UTIVE..... . E.8 EACHAC"CIDFNT $1 000 000 OF'FICERIMEMBER E':XCL UM:D'? N� N f A ... .... .r._, r. (Mandatory in NH) a mDll 4E FAEMPLCIY&Em s1,000,000 If y€ des dbe ndeii ukalPTla NOFtRTE1ATm )N, t>auo��.... _._.. . .... E.ammua�mEME"POL ICY u.mMIT $1,000,00.....� C 2nd Layer Excess 56000299703 3/15/ 025 03/15/202 2,000,000 D 3rd Layer Excess 79892909 3/15/2025 03/15/202 10,000,000 I E m Dishones BDYH44261004 12/01/2024 12/01/202 3 000 000 DESCRIPTION OF OPERATIONS t LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Named Insureds: Linden Ventures, LLC;Jaguar Borrower,LLC;Jaguar Intermediate,LLC;Clossman Catering, LLC. Workers Comp applies to the following states:AR,AZ,CA,CO,FL,GA,IL,IN, KY,LA, MA, MI, MO, NC, NJ,PA,SC,TN,T ,OH,NY,VA. Cyber Liability:Travelers Casualty&Surety Co.of America; NAIC 31194,Policy 107547037,Term 12/01/2024 12/01/2025; Limits 5,000,000, Deductible-$25,000 (See Attached Descriptions) -CERTIFICATE- L CANCELLATION The Monroe Dun r of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County CommissionersACCORDANCE NTH THE POLICY PROVISIONS. 1100 Simonton St Key West, FL 33040 AUTHORIZED REPRESENTATIVE ®1 - 015 ACORD CORPORATION.All rights reserved. ACORD 25( 01 / 3) 1 of 2 The ACORD name and logo are registered marks of ACORD #S49621429/M48512232 DESCRIPTIONS (Continued from Page 1) The Monroe County Board of County Commissioners,its employees and officials,1100 Simonton St.Key West, FL 33040 are listed as Additional Insureds regarding the policies listed on this certificate with the exception of Workers Compensation. Excess Liability is follow form.This coverage is primary with respect to the County,its officials, employees,agents,and volunteers when required by written contract. SAGITTA 25.3(2016/03) 2 of 2 #S49621429/M48512232