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Agenda 09/08/2015 Item #16D 39/8/2015 16.D.3. EXECUTIVE SUMMARY Recommendation to approve after - the -fact contracts, attestation statements and budget to reflect actual award of the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grants from Area Agency on Aging for Southwest Florida, Inc. (Total Fiscal Impact $20,458) OBJECTIVE: To provide uninterrupted support services to Collier Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors, managed within the Community and Human Services (CHS) Division, has provided support services to Collier County's qualified seniors for over thirty -four years through the Community Care for the Elderly (CCE), Alzheimer's Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant programs. These grants are funded by the Florida Department of Elder Affairs through the Area Agency on Aging of Southwest Florida, Inc. (Agency). These grants fund services to seniors and their caregivers, allowing them to remain in their homes and live with independence and dignity. On July 8, 2014, the Board approved the current Master Contract for Federal and State Programs (Agenda item 16D15). The Master Contract provides the Agency's standard terms and conditions for CCE, ADI and HCE programs and end on June 30, 2017. Under this Master Contract, the Agency provided program funding allocation contracts for the current year, July 1, 2015 through June 30, 2016. To prevent a disruption of service, an estimated budget that included award amounts, Agency retained amounts, match and co- payment amounts, based upon the previous year's allocation, was presented to the Board and approved May 26, 2015 (Agenda item 16D4). Actual allocations are less than the estimated budget for CCE and ADI awards and match, and have increased for HCE award and CCE and ADI co- payments. These contracts shall have an effective date of July 1, 2015. The following table provides a detailed breakdown of the necessary adjustments to the award and match budgets and co- payment budgets set forth in the proposed contracts: *10% Match is Award divided by .9, multiplied by .1, per grantor requirements, rounded up to nearest dollar to ensure compliance with matching requirements. * *The estimated HCE Basic Subsidy of $13,356 is to be retained by the grantor agency, and therefore is not included within Collier County's budget. Packet Page -1458- Approved Actual Estimated Awarded Award Local Match Program Project Budget Budget Difference Difference* Community Care for the Elderly (CCE) 33418 $750,634.00 $747.745.00 42,889.00 41,561.00 Alzheimer's Disease Initiative (ADI) 33420 $236,963.00 $236,025.00 - $938.00 Home Care for the Elderly (HCE) 33419 $17.808.00 $35,894.00 $18,086.00 Total $1,005,405.00 $1,019,664.00 $14,259.00 41,561.00 *10% Match is Award divided by .9, multiplied by .1, per grantor requirements, rounded up to nearest dollar to ensure compliance with matching requirements. * *The estimated HCE Basic Subsidy of $13,356 is to be retained by the grantor agency, and therefore is not included within Collier County's budget. Packet Page -1458- 9/8/2015 16. D . 3. Program Project Estimated Budget Actual Co- Payment Budget Increase / ecrease CCE Co- Payment Budget 33351 $20,000.00 $21,240.00 $1,240.00 ADI Co- Payment Budget 33352 $3,200.00 $9,720.00 $6,520.00 Total $23,200.00 $30,960.00 $7,760.00 The Agency routinely sends Collier County Services for Seniors contracts which require a few weeks turnaround time. This time frame makes it impossible to process the documents for Boards approval in the time requested by the Agency. The contracts for the CCE, ADI and HCE programs are being presented as "after- the - fact" because Collier County received the grant contracts on June 26, 2015 with an effective contract date of July 1, 2015. Consequently, pursuant to CMA 5330 and Resolution No. 2010- 122, the County Manager authorized Steve Carnell, Public Services Department Head to sign the contracts. These contracts are being presented for Board ratification. Collier County as the Lead Agency is responsible to respond to seniors needs and manage the spending authority for the CCE, ADI, and HCE program services. FISCAL IMPACT: Budget amendments are required to recognize the actual grant revenue of $1,019,664 for the SFY CCE, ADI, and HCE grant programs funded by the Florida Department of Elder Affairs which reflects an increase of $14,259 in grant revenue from the estimated budget previously approved. Budget amendments are also required for the decrease of $1,561 in required CCE local match and for the increased co- payment goals for CCE of $1,240, and ADI of $6,520. Funding will reside in Human Services Grant Fund 707 Projects 33418 (CCE), 33420 (ADI), 33419 (HCE), 33351 (CCE Co- Pays), and 33352 (ADI Co- Pays). GROWTH MANAGEMENT: There is no growth management impact from this recommendation. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. — JAB RECOMMENDATIONS: That the Board of County Commissioners approves the "after- the - fact" contracts and attestation statements with Area Agency on Aging for Southwest Florida, Inc. and authorize the budget amendments. Prepared by: Lisa N. Carr, Grants Coordinator, Community and Human Services Attachments: Federal and State Master Contract CCE Contract 203.15 ADI Contract 203.15 HCE Contract 2015.15 Co -Pay Goals 15 -16 Packet Page -1459- 9/8/2015 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve after - the -fact contracts, attestation statements and budget to reflect actual award of the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grants from Area Agency on Aging for Southwest Florida, Inc. Meeting Date: 9/8/2015 Prepared By Name: CarrLisa Title: Grants Coordinator, Public Services Department 7/30/2015 1:41:58 PM Submitted by Title: Grants Coordinator, Public Services Department Name: CarrLisa 7/30/2015 1:41:59 PM Approved By Name: Bendisa Marku Title: Supervisor - Accounting, Public Services Department Date: 7/31/2015 11:30:48 AM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 8/14/2015 2:54:31 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 8/16/2015 6:56:52 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 8/19/2015 4:56:53 PM Packet Page -1460- 9/8/2015 16.D.3. Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 8/21/2015 8:20:21 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 8/21/2015 9:51:21 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 8/21/2015 12:59:49 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 8/21/2015 4:23:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2015 4:34:20 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 8/27/2015 5:13:12 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/28/2015 10:24:53 AM Packet Page -1461- July 2014 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. MASTER CONTRACT FOR FEDERAL AND STATE PROGRAMS 9/8/2015 16.D.3. Contract #HM203.14 THIS MASTER CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. (Agency) and Collier County .Board of County Commissioners (Contractor), and collectively referred to as the "Parties ". The term Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipient, the status to be further identified in ATTACHMENT II, Exhibit -1 as necessary. Purpose of Contract: The purpose of this Master Contract is to establish the Agency's standard teens and conditions for services provided in any contract or agreement incorporating this Master Contract by reference including all attachments, forms and exhibits, which constitute the contract document. The Contractor agrees to provide the services specified in each contract or agreement incorporating this Master Contract during the period this contract is in effect. The Contractor agrees that this Master Contract covers all services provided by the Contractor under contracts or agreements with the Agency which incorporate this Master Contract by reference. Agency Mission Statement: To lead and cultivate relationships with our community partners to better serve the dynamic aging and disability networks through education, advocacy, program development and resources. 2. Incorporation of Documents within the Contract or Agreement: All contracts or agreements including attachments, proposal(s), solicitation(s), state plan(s), grant agreements, relevant Department handbooks, manuals or desk books executed between the Contractor and the Agency shall incorporate this Master Contract by reference and be subject to the conditions set forth in this Master Contract for the duration of the contract period(s). Any and all contracts or agreements executed between the Contractor and the Agency during the effective period of this Master Contract will incorporate this Master Contract by reference and shall be governed in accordance with the applicable laws, statutes, and other conditions set for in this Master Contract. Incorporation of Reference Memoranda: In accordance with Chapter 287 F.S., amended, and Department of Financial Services' Chief Financial Officer Memoranda, the following memoranda are hereby incorporated by reference: (I) CFO Memo No. 02: Release date, October 3, 2012; (2) CFO Memo No, 06: Release date, .Lune 27, 2012; (3) CFO Memo No. 01: Release date, July 26,2012; and (4) CFO Memo No. 04: Release date, June 30, 2006 3. Term of Master Contract: This .Master Contract will become binding at twelve (12:00) A.M., Eastern Standard Time on July 1. 2014 or on the date the Master Contract has been signed by the last Party required to sign it, whichever- is later. It shall end at eleven fifty -nine (11:59) P.M., Eastern Standard Time June 30.2017. 4. Com,Riance a pith Federal Law: 4.1 If any contract and agreement contains federal funds this section shall apply. Packet Page -1462- July 2014 9/8/2015 16.D.3. Contract 4HM203.14 4.1.1 The Contractor shall comply with the provisions of 45 CFR 74 and /or 45 CFR 92, and other applicable regulations. 4.1.2 If the contract and agreement contains federal funds and is over $100,000.00, the Contractor 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 Contractor shall report any violations of the above to the Agency. 4.1.3 The Contractor, or agent acting for the Contractor, may not use any federal finds received in connection with any contract and agreement to influence legislation or appropriations pending before the Congress or any State Legislature. If any contract or agreement contains federal finding in excess of $100,000.00, the Contractor must, prior to contract execution, complete the Certification Regarding Lobbying form, ATTACHMENT I. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager prior to payment under any contract or agreement. 4.1.4 In accordance with Appendix A to 2 CFR 215, the Contractor 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. 4.1.5 A contract or agreement award with an amount expected to equal or exceed $25,000.00 and certain other contract or agreement awards will 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 Contractor shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to any contract or agreement. The Contractor shall complete and sign ATTACHMENT IV prior to the execution of this Master Contract. 4.2 The Contractor shall not employ an unauthorized alien. The Agency will consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1 101). Such violations will be cause for unilateral cancellation of this Master Contract and any /all contracts or agreements by the Agency. 4.3 If the Contractor 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 Pension Protection Act of 2006 or for any other reason, the Contractor must notify the Agency in writing within thirty (30) days of receiving the IRS notice of revocation. 4.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 4.5 Unless exempt under 2 CFR Part 170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170. 4.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number I 1 -116, the Contractor agrees to utilize the U.S. Department of Homeland Security's E- verify system to verify the employment of all new employees hired by Contractor during the contract or agreement term. The Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services Packet Page -1463- 9/8/2015 16.D.3. July 2014 Contract #HM203.14 pursuant to the state contract utilize the E- verify system to verify employment of all new employees hired by the Subcontractor during any contract or agreement term. Contractors meeting the terms and conditions of the E- Verify System are deemed to be in compliance with this provision. The Contractor shall complete and sign ATTACHWNT J prior to the execution of this Master Contract. 5. Compliance with State Law: 5.1 This Master Contract and all contracts or agreements incorporating this Master Contract by reference is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. 5.2 The Contractor shall comply with requirements of s. 287.058, F.S. as amended. 5.2.1 The Contractor shall provide units of deliverables, including various client services, and in some instances may include reports, findings, and drafts, as specified in this Master Contract and all contracts or agreement incorporating this Master Contract, which the Contract Manager must receive and accept in writing prior to payment in accordance with s. 215.971, F.S. (I) and (2). 5.2.2 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post- audit. 5.2.3 If itemized payment for travel expenses is permitted in any contract or agreement incorporating this Master Agreement by reference, the Contractor shall 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 Master Contract and any contract or agreement incorporating this Master Contract by reference. 5.2.4 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S., made or received by the Contractor in conjunction with any contract or agreement incorporating this Master Contract, except for those records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision will constitute an immediate breach of contract or agreement for which the Agency may unilaterally terminate the Master Contract and any contract or agreement incorporating the Master Contract. 5.3 If clients are to be transported under any contract or agreement incorporating this Master Contract by reference, the Contractor shall comply with the provisions of Chapter 427, F.S., and Rule Chapter 41 -2, F. A. C. 5.4 Subcontractors 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. 5.5 The Contractor shall 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. 5.6 In accordance with s. 287.135 F.S., any Contractor on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (Lists), created pursuant to s. 215.473 F.S., is ineligible to enter into or renew a contract or agreement with the Agency for goods or services of $1 million or more. Pursuant to s. 287.135 F.S., the Agency may terminate this Master Contract and any contract or agreement incorporating this Master Contract by reference if the Contractor is found to have submitted a false certification of its status on the Lists or has been placed on the Lists. Further, the Contractor is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false. certification. If any contract or agreement incorporating this Master Contract contains $1 million or more, the Contractor- shall complete and sign ATTACHMENT H, Certification Regarding Scrutinized Companies Lists, prior to the execution of this Master Contract. Packet Page - 1464 -,:�� July 2014 9/8/2015 16.D.3. Contract #HM203.14 6. Background Screening: 6.1 The Coi }tractor shall ensure that the requirements of s. 430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons Nvho 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 Contractor 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. 6.2 Further information concerning the procedures for background screening is found at http: / /eideraffair-,.,,tate.fl.ris /doea/ /l)ackgroimdscreeniu g,php. 6.3 Background Screening Affidavit of Compliance - To demonstrate compliance with section 6 of this Master Contract, the Contractor shall submit ATTACHMENT G, Background Screening Affidavit of Compliance annually, by January 15th. 7. Grievance and Complaint Procedurest 7.1 Grievance Procedures: The Contractor shall comply with and ensure subcontractor compliance with the Minimum Guideline for Recipient Grievance Procedures, Appendix D, Department of Elder Affairs Programs and Services Handbook, to address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. 7.2 Complaint Procedures: The Contractor shall develop and implement complaint procedures 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 the complaint and the determination of the complaint. 8. Public Records and Retention: 8.1 If, under any contract or agreement incorporating this Master Contract by reference, the Contractor is providing services and is acting on behalf of the Agency as provided under section 119.01 1(2), Florida Statutes, the Contractor, subJect to the terms of section 287.058(l)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services. b) Provide the public with access to public records on the same terms and conditions that the Agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119. Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the Agency all public records in possession of the Contractor upon termination or expiration of any contract or agreement incorporating this Master Contract by reference and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Agency in a format that is compatible with the information technology systems of the Agency. Packet Page -1465- Ju1y 2014 9/8/2015 16.D.3. Contract #HM203.14 8.2 The Agency may unilaterally cancel this ]Master Contract, and any contract or agreement incorporating this Master Contract by reference, notwithstanding any other provisions of this Master Contract, for refusal by the Contractor to comply with Section 8 of this Master Contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the contract or agreement incorporating this Master Contract by reference, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(l), Florida Statutes. 9. Audits. inspections. Investigations: 9.1 The Contractor 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 Agency under any contract or agreement incorporating this Master Contract by reference. Contractor(s) shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under any contract or agreement which incorporates this Master Contact by reference. Whenever appropriate, financial information should be related to performance and unit cost data. 9.2 The Contractor shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to any contract or agreement which incorporates this Master Contract by reference for a period of six (6) years after completion of the contract or agreement incorporating this Master Contract by reference or longer when required by law. In the event an audit is required for any contract or agreement incorporating this Master Contract by reference, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terns of any contract or agreement incorporating this Master Contract by reference, at no additional cost to the Agency. 9.3 Upon demand, at no additional cost to the Agency, the Contractor shall facilitate the duplication and transfer of any records or documents during the required retention period. 9.4 The Contractor shall assure that the records described in this section will be subject at all reasonable times to inspection, review, copying, or audit by federal, state, or other personnel duly authorized by the Agency. 9.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Department and /or Agency and Federal Auditors, pursuant to 45 CFR 92.36(i)(10), will be allowed full access to and the right to examine any of the Contractor's contracts or agreements, related records and documents pertinent to any contract or agreement, regardless of the form in which it is kept. 9.6 The Contractor shall provide a financial and compliance audit to the Agency as specified in this Master Contract and in ATTACHMENT II and ensure that all related third -parry transactions are disclosed to the auditor. 9.7 The Contractor shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office of the Inspector General pursuant to s. 20.055, F.S. 10. Nondiscrimination -Civil Rights Com lire ance: 10.1 The Contractor shall execute assurances in ATTACHMENT V that it will not discriminate against any person in the provision of services or benefits under any contract or agreement incorporating this Master Contract by reference 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 Contractor further assures that all Contractors, Subcontractors, Subgrantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against Packet Page -1466- '`? 9/8/2015 16.D.3. July 2014 Contract #HM203.14 clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. The Contractor shall complete and sign: ATTACHMENT V prior to the execution of the Master Contract. 10.2 During the term of any contract or agreement incorporating this Master Contract by reference, the Contractor shall complete and retain on file a timely, complete and accurate Civil Rights Compliance Checklist (ATTACHMENT B). 10.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through any contract or agreement incorporating this Master Contract by reference. These procedures will include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 10.4 If any contract or agreement incorporating this Master Contract by reference, contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor 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 Contractor understands that the Agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. 11. Monitoring b the he Agency: The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers, documents, facilities, goods and services of the Contractor which are relevant to any contract or agreement which incorporate this Master Contract by reference, and to interview any clients, employees and Subcontractor employees of the Contractor to assure the Agency of the satisfactory performance of the terms and conditions of any contract or agreement which incorporate this Master Contract by reference. Following such review, the Agency will provide a written report of its findings to the Contractor, and where appropriate, the Contractor shall develop a Corrective Action Plan (CAP). The Contractor hereby agrees to correct all deficiencies identified in the CAP in a timely manner as determ ined by the Contract Manager. 12. Provision of Services: The Contractor shall provide services in the manner to be described in subsequent contracts or agreements incorporating this Master Contract by reference. 13. Coordinated Monitoring with Other Agencies: If the Contractor receives funding from one or more of the State of Florida other human service agencies, in addition to the Department of Elder Affairs and /or the Area Agency on Aging for Southwest Florida, Inc., then a joint monitoring visit including such other agencies may be scheduled. For the purposes of any contract or agreement incorporating this Master Contract by reference, and pursuant to s. 287.0575, F.S. as amended, Florida's human service agencies shall include the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, or investigators. 14. Indemnification: 14.1 The Contractor shall indemnify, save, defend, and hold harmless the Agency 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 Master Contract and any contract or agreement Packet Page -1467- July 2014 9/8/2015 16.D.3. Contract #HM203.14 incorporating this Master Contract by reference, or performance of the services provided for herein. It is understood and agreed that the Contractor is not required to indemnify the Agency for claims, demands, actions or causes of action arising solely out of the Agency's negligence. 14.2 Except to the extent permitted by s. 768.28, F.S., or other Florida law, this section 14 is not applicable to contracts or agreements executed between the Agency and state agencies or subdivisions defined in s. 768.28(2), F.S. 15. Insurance and Bondinn: 15.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of any contract or agreement incorporating this Master Contract by reference and any renewal(s) and extension(s) of it. By execution of this Master Contract and any contract or agreement incorporating the Master Contract by reference, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the Contractor accepts frill responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Contractor and the clients to be served under this any contract or agreement incorporating this Master Contract by reference. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this any contract or agreement incorporating this Master Contract by reference. The Contractor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of any contract or agreement incorporating this Master Contract by reference. Such coverage may be provided by a self - insurance program established and operating under the laws of the State of Florida. The Agency reserves the right to require additional insurance as specified in any contract or agreement incorporating this Master Contract by reference. 15.2 Throughout the term of any contract or agreement incorporating this Master Contract by reference, the Contractor shall maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the Contractor authorized to handle funds received or disbursed under all contracts or agreements incorporating this Master Contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 16. ConfidentialitvofInformation: The Contractor shall not use or disclose any information concerning a recipient of services under any contract or agreement 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. 17. Health Insurance Portability and AccountabifijX Act: Where applicable, the Contractor 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). 18. Incident Reporting: 18.1 The Contractor shall notify the Agency immediately but no later than forty -eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor or Subcontractor's ability to perform the services required to be performed under any contract or agreement which incorporate this Master Contract by reference. Such notice shall be made orally to the Contract Manager (by telephone) with an email to immediately follow. 18.2 The Contractor 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 Contractor, Subcontractors, and their employees. Packet Page -1468- July 2014 9/8/2015 16.D.3. Contract 4HM203.14 19. New Contract(s) Reljorti= The Contractor shall notify the Agency within ten (10) days of entering into a new contract or agreement with any of the remaining four (4) state human service agencies. The notification shall include the following Information: (1) contracting state agency; (2) contract name and number; (3) contract or agreement start and end dates; (4) contract or agreement amount; (5) contract or agreement description and commodity or service; and (6) Contract Manager name and number. In complying with this provision, and pursuant to s. 287.0575, F.S. as amended, the Contractor shall complete and provide the information in ATTACHMENT D. 20. Ilan kru11tcv Notification: During the term of any contract or agreement incorporating this Master Contract by reference, the Contractor shall immediately notify the Area Agency on Aging for Southwest Florida, Inc. if the Contractor, its Assignees, Subcontractor's or Affiliates file a claim for bankruptcy. Within ten (10) days after notification, the Contractor must also provide the following information to the Area Agency on Aging for Southwest Florida, Inc.: (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., Middle District of Florida, Fort Myers, FL); and (4) the name, address, and telephone number of the bankruptcy attorney. 21. S Zonsorship and Publicity: 21.1 As required by s. 286.25, F.S., if the Contractor is a non - governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through any contract or agreement incorporating this Master Contract by reference, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name) and the Area Agency on Aging for Southwest Florida, Inc., and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words the "Area Agency on Aging for Southwest Florida, Inc. and the State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 21.2 The Contractor shall not use the words the "Area Agency on Aging for Southwest Florida, Inc., and the State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by the Agency prior to use. 22. Assignments: 22.1 The Contractor shall not assign the rights and responsibilities under any contract or agreement incorporating this Master Contract by reference without the prior written approval of the Agency, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the Agency will constitute a material breach of the contract or agreement. 22.2 The State of Florida is at all times entitled to assign or transfer, in whole or part, its rights, duties, or obligations under any contract or agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Contractor. In the event the State of Florida approves transfer of the Contractor's obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with the contract or agreement. 22.3 All contracts or agreements incorporating this Master Contract by reference shall remain binding upon the successors in interest of either the Contractor or the Agency. 23. Sube utracts: 23.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to any contract or agreement incorporating this Master Contract by reference, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Agency deems necessary. The Contractor further- agrees that the Agency will not be Iiable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the Agency against any such claims. n Packet Page -1469- July 2014 9/8/2015 16.D.3. Contract #HM203.14 23.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Agency or other state agency. Failure to make payments to any Subcontractor in accordance with s. 287.0585, F.S., unless otherwise stated in the contract or agreement incorporating this Master Contract by reference between the Contractor and Subcontractor, will result in a penalty as provided by statute. 23.3 Service Cost Reports — The Contractor shall require Subcontractors to annually submit to the Contractor service cost reports, which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 24. Funding Obligations: 24.1 The Agency acknowledges its obligation to pay the Contractor for the performance of the Contractor's duties and responsibilities set forth in any contract or agreement incorporating this Master Contract by reference. 24.2 The Agency shall not be liable to the Contractor for costs incurred or performance rendered unless such costs and performances are in accordance with the terms and conditions of any contract or agreement executed between the parties, which incorporates this Master Contract by reference, including but not limited to terms, governing the Contractor's promised performance and unit rates and /or reimbursement capitations specified. 24.3 The Agency shall not be liable to the Contractor for any expenditures which are not allowable costs as defined in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in accordance with all applicable state and federal rules. 24.4 The Agency shall not be liable to the Contractor for expenditures made in violation of regulations promulgated under the Older Americans Act, as amended, or in violation of applicable state and federal laws, rules, or provisions of any contract or agreement incorporating this Master Contract by reference. 25. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor, or any of its Subcontractors, are independent Contractor's and are not employees of the Agency and shall not hold themselves out as employees or agents of the Agency without specific authorization from the Agency. It is the further intent and understanding of the Parties that the Agency does not control the employment practices of the Contractor and will not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Contractor or its Subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Contractor are the sole responsibility of the Contractor. 26. e t• 26.1 Payments shall be made to the Contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the Contractor. The Contract Manager will have final approval of the invoice for payment, and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract or agreement incorporating this Master Contract by reference, unless the bid specifications, purchase order, or the contract or agreement specify otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of s. 215.422 F.S. A Vendor Ombudsman has been established within the Department of Financial Services and may be contacted at 850- 413 -5665. 26.2 The Contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof. The contractor shall comply with the particular requirements under the following laws and guidelines that are applicable to the contracts or agreements Packet Page -1470- July 2014 9/8/2015 16.D.3. Contract 9HM203.14 incorporating this Master Contract by reference: (a) paragraph (16) (b) of section 216.181, F.S., regarding advances; (b) Rule 691- 40.103 F.A.C.. pertaining to Restriction of Expenditures from state funds; and, (c) the Invoice Requirements of the Reference Guide for State Expenditures from the Department of Financial Services at: (http / /www rnvfloridacfo com /aad%r /reference elide /Reference Guide For State Expenditures.pd_O. The Contractor will certify that detailed documentation is available to support each item on the itemized invoice or payment request for cost reimbursed expenses, fixed rate or deliverables contracts or agreements incorporating this Master Contract by reference, including paid Subcontractor invoices, and will be produced upon request by the Agency. The Contractor will further certify that reimbursement requests are only for allowable expenses as defined in the laws and guiding circulars cited in Sections 4 and 5 of this Master Contract, in the Reference Guide for State Expenditures, and any other laws or regulations; as applicable, and that administrative expenses do not exceed amounts budgeted in the Contractor's approved area plan as developed in accordance with and pursuant to section 306(a) of the Older Americans Act of 1965, as amended. 26.3 The Contractor and Subcontractors shall provide units of deliverables, including reports, findings, and drafts as specified in the contracts or agreements and attachments which incorporate this Master Contract by reference, and the area plans developed by the Contractor (pursuant to section 306(a) of the Older Americans Act), to be received and accepted by the Contract Manager prior to payment. 27. Return of Funds: The Contractor shall return to the Agency any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of any contract or agreement incorporating this Master Contract by reference that were disbursed to the Contractor by the Agency. In the event that the Contractor or its independent auditor discovers that an overpayment has been made, the Contractor shall repay said overpayment immediately without prior notification from the Agency. in the event that the Agency first discovers an overpayment has been made, the Contract Manager will notify the Contractor in writing of such findings. Should repayment not be made forthwith, the Contractor shall be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after Agency notification or Contractor discovery. 28. Data IntecrrijX and Safeguarding Information: The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of any contract or agreement incorporating this Master Contract by reference. An appropriate level of security includes approving and tracking all Contractor employees that request system or information access and ensuring that user access has been removed fi•om all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and soft -ware shall be routinely backed up to ensure recovery frorn losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign ATTACkIl't ENT III prior to the execution of the Master Contract. 29. Computer- Use and Social Media Policy: The Department of Elder Affairs has implemented a new Social Media Policyt in addition to its Computer Use Policy, which applies to all employees. contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third parties, such as, but not limited to, Area Agencies on Aging and vendors. Any entity that uses the Department's computer resource systems must comply with the Department's policy regarding social media. Social Media includes, but is not limited to blogs, podcasts. discussion forums, Wikis. RSS feeds, video sharing, social networks like MySpace, Facebook and Twitter. as well as content sharing networks such as flickr• and YouTube. This policy is available on the Department's website at: http ';'elcler•affairs.state. i.us' oea'financiaLaj r) Packet Page -1471- July 2014 9/8/2015 16.D.3. Contract #HM203.14 30. Conflict of Interest: The Contractor 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 Contractor 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 Contractor or Subcontractors officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, potential Contractors, or parties to subcontracts. The Contractors board members and management must disclose to the Agency 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 tine commencement of any contract or agreement incorporating this Master Contract by reference. The Contractors employees and Subcontractors must make the same disclosures described above to the Contractors Board of Directors. Compliance with this provision will be monitored. 31. Public End 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 or agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract or agreement with a public entity for the construction or repair of a public building or public worn.; 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 Contractor, Supplier, Subcontractor, or Consultant under a contract or agreement with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017(2), F.S., for Category Two for a period of 36 months following the date of being placed on the convicted vendor Iist. 32. Purchasinz 32.1 The Contractor may purchase articles which are the subject of or are required to carry out any contract or agreement from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of any contract or agreement incorporating this Master Contract by reference, the Contractor shall be deemed to be substituted for the Agency insofar as dealings with PRIDE. This clause is not applicable to Subcontractors unless otherwise required by law. An abbreviated list of products /services available fi•om PRIDE may be obtained by contacting PRIDE, 800- 643 -8459. 32.2 The Contractor may procure any recycled products or materials, which are the subject of or are required to carry any contract or agreement incorporating this Master Contract by reference, in accordance with the provisions of s. 403.7065, F.S. 32.3 The Contractor may 'purchase articles that are the subject of, or required to carry out, any contract or agreement from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in s. 413.036(1) and (2), F.S. For purposes of any contract or agreement incorporating this Master Contract by reference, the Contractor shall be deemed to be substituted for the Agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at This clause, is not applicable to Subcontractors unless otherwise required by law. 33. Patents, Coll rights. Royalties: 33.1 If any contract or agreement incorporating this Master Contract by reference is awarded state funding and if any discovery, invention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result. of work or services performed under any contract or agreement Packet Page -1472- 9/8/2015 16.D.3. July 2014 Contract #HM203.14 incorporating this Master Contract by reference, the Contractor shall refer the discovery, invention or material to the Agency to be referred to the Department of State. Any and all patent rights or copyrights accruing under any contract or agreement incorporating this Master Contract by reference are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 287.0571 (5) (k) 1 and 2 as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in any contract or agreement incorporating this Master Contract by reference. 33.2 if the primary purpose of any contract or agreement incorporating this Master Contract by reference 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 33. 33.3 If any contract or agreement incorporating this Master Contract by reference is awarded solely federal funding, the terms and conditions are governed by 2 CPR 215.36. 34. Emergency Prgllaredness and Continuity of Operations: 34.1 If the tasks to be performed pursuant to any contract or agreement incorporating this Master Contract by reference include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety or welfare, the Contractor shall, within thirty (30) calendar days of the execution of any contract or agreement, submit to the Contract Manager verification of an emergency preparedness plan. In the event of an emergency, the Contractor shall notify the Agency of emergency provisions. 34.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor- shall retain responsibility for performance under any contract or agreement incorporating this Master Contract by reference and must follow procedures to ensure continuity of operations without interruption. 35. Equinment: 35.1 Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal finds], or (b); nonexpendable, tangible personal property of a non - consumable nature with an acquisition cost of $1,000.00 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250.00 or more [for state funds]. 35.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations shall have written property management standards in compliance with 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A -110) that include: (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment; and (d) maintenance procedures to keep the equipment in good condition. The property records must be maintained on file and shall be provided to the Agency upon request. The Contractor shall promptly investigate, fully document and notify the Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the Contract Manager. 35.3 The Contractor's property management standards for equipment acquired with Federal funds and federally - owned equipment shall include accurately maintained equipment records with the following information: (1) A description of the equipment; (2) Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; (3) Source of the equipment, including the award number; (4) Whether title vests in the Contractor or the federal government; (5) Acquisition date (or date received, if the equipment was furnished by the federal government) and cost; I Packet Page -1473- July 2014 9/8/2015 16.D.3. Contract #HM203.14 (6) Information from which one can calculate the percentage of federal participation in the cost of the equipment (not applicable to equipment furnished by the federal government); (7) Location and condition of the equipment and the date the information was reported; (8) Unit acquisition cost; and (9) Ultimate disposition data, including date of disposal and sales price or the method used to detennine current fair market value where a Contractor compensates the federal awarding agency for its share. 35.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state fiords with an acquisition cost over $1,000.00 that is specifically identified in the area plan approved by the Agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the Contractor, subject to the conditions of 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A -110), Subpart C, paragraph 34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by any contract or agreement incorporating this Master Contract by reference, or identified in the sub - agreements with Subcontractors (not included in a cost methodology), is subject to the conditions of section 273, F. S. and 60A- 1.0017, F. A. C. or Title 45 CFR Part 74. 35.5 The Contractor shall not dispose of any equipment or materials provided by the Agency, or purchased with funds provided through any contract or agreement incorporating this Master Contract without fast obtaining the approval of the Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the respective Contract Manager. The request should include a brief description of the property, purchase price, funding source, percentage of state or- federal participation, acquisition date and condition of the property. The request should also indicate the Contractors proposed disposition (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 35.6 The Contract Manager will issue disposition instructions. If disposition instructions are not received within 120 days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A -110). 35.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal finds through agreements covered under any contract or agreement incorporating this Master Contract without the prior approval of the Agency. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Sec, 3030b United States Code (USC). Real property purchases from state funds can only be made tlu•ough fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of section 216.348, F.S. 35.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 35.9 The Contractor must adhere to the Agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any contract or agreement incorporating this Master Contract by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the Agency upon request. The Contractor has the responsibility to require any Subcontractors to comply with the Agency's ITR procedures. Packet Page -1474- July 2014 Cc 9/8/2015 16.D.3. 36. PUR 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at: litlp• / /www.invflorida.coin /apps /vbs /adoc /F7740 PCIRIOOO.pdf 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 tenns or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 37. Use of State Funds to Purchase or Improve Real Pro ers rty: Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor 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. 38. Dispute Resolution: Any dispute concerning performance of any contract or agreement incorporating this Master Contract by reference shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 39, Financial Consequences of Non- Performance: 39.1 If the Contractor fails to meet the minimum level of service or performance identified in any contract or agreement incorporating this Master Contract by reference, or that is customary for the industry, then the Agency must apply financial consequences commensurate with the deficiency. Financial consequences may include, but are not limited to, contract or agreement suspension, refusing payment, withholding payments until the deficiency is cured, tendering only partial payments, and /or cancellation of any contract or agreement and reacquiring services from an alternate source. -39.2 The-Contractor wil1<not--be charged -with financial! consequences,, when a- °failure to perform 'arises- out �of=- " causes that were the responsibility of the Agency. 40. No Waiver of Sovereign Immunity Nothing contained in any contract or agreement incorporating this Master Contract by reference is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 41. Venue: nue: If any dispute arises out of any contract or agreement incorporating this Master Contract by reference, the venue of such legal recourse will be Lee County, Florida. 42. Entire Contract: This Master Contract and /or any contract or agreement incorporating this Master Contract by reference, contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written subsequent contract, agreement and /or amendment to this Master Contract signed by both Parties. 43. 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. 44. Severabilitv 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. 14 Packet Page -1475- 9/8/2015 16.D.3. July 2014 Contract #HM203.14 45. Condition Precedent to Contract Appropriations: The Parties agree that the Agency's performance and obligation to pay under any contract or agreement incorporating this Master Contract by reference is contingent upon an annual appropriation by the Legislature. 46. Addition/Del The Parties agree that the Agency reserves the right to add or to delete any of the services required under any contract or agreement incorporating this Master Contract by reference when deemed to be in the State of Florida's best interest and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 47. Waiver: The delay or failure by the Agency to exercise or enforce any of its rights under this Master Contract and any contract or agreement incorporating this Master Contract by reference will not constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 48. Compliance: The Contractor shall abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current state statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to abide by these laws shall be deemed an event of default of the Contractor, and subject any contract or agreement incorporating this Master Contract by reference, to immediate, unilateral cancellation at the discretion of the Agency. 49. Final Invoice: The Contractor shall submit the final invoice for payment to the Agency as specified in any contract or agreement incorporating this Master Contract by reference. If the Contractor fails to submit final request for payment as specified in any contract or agreement, then all rights to payment may be forfeited and the Agency may not honor any requests submitted. Any payment due under the terms of any contract or agreement incorporating this Master Contract by reference may be withheld until all reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 50. Renegotiation or Modification: Modifications of the provisions of any contract, agreement, and this Master Contract shall be valid only when they have been reduced to writing and duly signed by both patties. The rate of payment and the total dollar amount may be adjusted retroactively for any contract or agreement incorporating this Master Contract by reference to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Agency's operating budget. 51. Suspension of Worlc: The Agency may in its sole discretion suspend any or all activities under this Master Contract and ally Contract or agreement incorporating this Master Contract by reference, at any time, when in the best interests of the State to do so. The Agency shall provide the Contractor 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 Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Agency shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 52. Termination: 52.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate the Master Contract and any contract or agreement incorporating this Master Contract by reference in whole or in part when the Agency detenr►ines in its sole discretion that it is in the State's interest to do so. The Packet Page -1476- July 2014 9/8/2015 16.D.3. Contract #HM203.14 Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 52.2 Termination for Cause. The Agency may terminate the Master Contract and any contract or agreement incorporating this Master Contract if the Contractor fails to (1) deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any term of the Master Contract and any contract or agreement incorporating this Master Contract by reference, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences of default. The contractor shall continue work on any work not terminated. Except for defaults of Subcontractors at any tier, the Contractor 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 Contractor. 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 Contractor and the Subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor 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 Agency. The rights and remedies of the Agency in this clause are in addition to any other rights and remedies provided by law or under the Contract. 52.3 Upon expiration or termination of this Master Contract and any contract or agreement incorporating this Master Contract by reference the Contractor and Subcontractors shall transfer all public records in its possession to the Agency and destroy any duplicate public records that are exempt or confidential and exempt from public records, disclosure requirements at no cost to the Agency. All electronically stored records shall be provided to the Agency in a format that is compatible with the Agency's information technology system(s). 53. Electronic Records and Signature: 53.1 The Agency authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this Master Contract and any contract(s) or agreement(s) which incorporate this Master Contract by reference. A Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shalt 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, chapter 119, F.S.; must comply with section 28, Data Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the Contractor to the same extent as non - electronic records are retained and maintained as required by any contact or agreement incorporating this Master Contract by reference. 53.2 The Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. The Contactor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 53.3 Upon request by the Agency, the Contractor shall provide the Agency with non - electronic (paper) copies of records. Non - electronic (paper) copies provided to the Agency 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. 54. SUecial Provisions;_ The Contractor agrees to the following provisions: Packet Page -1477- July 2014 9/8/2015 16.D.3. Contract #HM203.14 54,1 Investigation of Criminal Allegations: Any report that implies criminal intent on the pant of the Contractor or any Subcontractors and referred to a governmental or investigatory agency must be sent to the Agency and /or Department. If the Contractor 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 Contractor shall notify the Agency and 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 Contractor or Subcontractors, must be sent to the Agency and the Department's inspector General with a summary of the investigation and allegations. 54.2 Volunteers: The Contractor 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 Contractor 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. 54.3 Enforcement: 54.3.1 in accordance with Section 430.04, F.S., the Agency may, without taking any intermediate measures available to it against the Contractor, rescind the Contractors designation as a lead agency, if the Agency finds that: 54.3.2 An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients served pursuant to any contract or agreement incorporating this Master Contract by reference, or substantially and negatively affected the operation of services covered under any contract or agreement; 54.3.3 The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; 54.3.4 The Contractor has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the Agency, or the Contractor has committed or repeated violations of Agency standards; 54.3.5 The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; and /or 54.3.6 The Contractor has failed to adhere to the terms of any contract or agreement incorporating this Master Contract by reference. 54.3.7 In the alternative, the Agency may, at its sole discretion, in accordance with section 430.04, F.S., take immediate measures against the Contractor, including: corrective action, unarmounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the Contractor on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 54.3.8 In making any determination under this provision the Agency 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 incorporating this Master Contract by reference are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. In the event the Agency initiates action to rescind an area agency on aging's designation, the Agency shall follow the procedures set forth in 42 U.S.C. § 3025(b). Packet Page -1478 July 2014 9/8/2015 16.D.3. Contract #HM203.14 54.4 Use of Service Dollars/Wait List Management: The Contractor will spend all federal, state, and other fiends provided by the Agency, for the purpose specified in each contract or agreement incorporating this Master Contract by reference. The Contractor must manage the service dollars to ensure that the Assessed Prioritized Consumer List (APCL) contains no individuals who have been assigned a ranking of four (4) or five (5) when service dollars are available. If the Agency determines that the Contractor is not spending funds accordingly, the Agency may transfer funds to other PSAs during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 54.5 The Contractor agrees to distribute funds as detailed in the area plan update and the Budget Summary, included in each contract or agreement incorporating this Master Contract by reference. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 54.6 Surplus/Deficit Report: The Contractor will submit a consolidated surplus /deficit report in a format provided by the Agency to the Agency's Contract Manager by the 15th of each month, "Lead Agency Spending Report." This report is for all contracts or agreements incorporating this Master- Contract by reference between the Contractor and the Agency. The report will include the following 54.6.1 The Contractor's detailed plan on how the surplus or deficit spending exceeding the threshold of +/- 2 %; and 54.6.2 Recommendations to transfer funds to resolve surplus /deficit spending. 55. All Terms and Conditions Included: This Master Contract and its Attachments, I — V, A, B, D, G, H and J and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terrns and conditions agreed upon by the Parties. There are no provisions, terns, conditions, or obligations other than those contained herein, and this Master Contract shall supersede all previous communications, representations or agreements, either written or verbal between the Pasties, 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 Master Contract to be executed by their undersigned officials as duly authorized. Contractor: COLLgR CO TY BOARD OF AREA AGENCI7 N , GING FOR COIJ ' CO NHSSIONERS SOUTIT ' S O INC. i f 1 SIGNED�Y: SIGNED B — NAME: Tom Henning f NAME: RONALD LUCCHINO PhD TITLE: Chairman TITLE: BOARD PRESIDENT DATE: Juh, 8.2014 DATE: '/ orm and legality pprove Federal Tax ID: 59- 6000558 r, _ �. Fiscal Year Ending Date: 9130' As +aunt omey Aftest at fry Chairm an s SigtiiUr� nn €' Packet Page -1479- 9/8/2015 16.D.3. July 2014 Contract 4HM203.14 ATTACHMENTI CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) 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 any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) 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 an employee of a member- of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards it all tiers (including subcontracts, sub - grants, and contracts under grants, loans and cooperative agreements) and that all Subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of nql- ess than $10,000.00 and not more than $100,000.00 for each such failure. July 8, 2014 G' Sigma nature Date Tom Henning, Chairman HM203.14 Name of Authorized Individual Application or Agreement Number Collier Coun�y Board of Count), Commissioners Approved as to form and legality e _ r^- s A. Assistant Coun rttorney . Attest at-, t4 Chairman's 1rgnature Only. t� i s 11 1�OEA Form 103 (Revised Nov 2002) Packet Page -1480- 9/8/2015 16.D.3. July 2014 Contract #HM203.14 ATTACHMENT II FINANCIAL AND COMPi •IANCE AUDIT The administration of resources awarded by the Area Agency on Aging for Southwest Florida, Inc. to the Contractor may be subject to audits and /or monitoring by the Area Agency on Aging for Southwest Florida, inc., as described in this section. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the Agency staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this agreement, the Contractor agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Area Agency on Aging for Southwest Florida, inc. In the event the Area Agency on Aging for Southwest Florida, Inc. determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Area Agency on Aging for Southwest Florida, Inc. to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a state or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the Contractor expends $500,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or prograrn- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this agreement indicates federal resources awarded through the Department of Elder Affairs by this agreement. In determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of federal awards, including federal resources received from the Department of Elder Affairs. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Contractor- expends less than $500,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Contractor expends Iess than $500,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - federal resources (i.e., the cost of such audit must be paid fi•om Contractor 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 Department of Elder Affairs 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 snatching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs shall be fully disclosed in the audit report with reference to the Department of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A -133, as revised, the schedule of expenditures of federal awards shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs 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 Contractors fiscal year end. Packet Page -1481- July 2014 9/8/2015 16.D.3. Contract #HM203.I4 PART IL• STATE FUNDED 'his part is applicable if the Contractor is a non -state entity as defined by Section 21 5.97(2), Florida Statutes. in the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such Contractor (for fiscal years ending September 30, 2004 or thereafter), the Contractor- must have a State single or proiect- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; 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 I to this agreement indicates state financial assistance awarded through the Department of Elder Affairs by this agreement. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Department of Elder Affairs, 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 Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the Contractor expends less than $500,000.00 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 Section 215.97, Florida Statutes, is not required. In the event that the Contractor expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, 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 Contractor 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. ;ompliance findings related to agreements with the Department of Elder Affairs 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 Department of Elder Affairs shall be fully disclosed in the audit report with reference to the Department of Elder Affairs agreement involved. If not otherwise disclosed as required by Rule 691 - 5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs 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 Contractors 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 Contractors fiscal year end. Notwithstanding the applicability of this portion, the Department of Elder Affairs retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Contractor directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Marianne G. Lorini, President /CEO 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Packet Page -1482- July 2014 9/8/2015 16.D.3. Contract #HM203.14 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular-A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 "' Street Jeffersonville, IN 47132 Other federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A-] 33, as revised. Pursuant to Sections .320(f), OMB Circular A -133, as revised, the Contractor shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Marianne G. Lorini, President /CEO 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial reporting packages required by Part Il of this agreement shall be submitted by or on behalf of the Contractor directly to each of the following: The Area Agency on Aging for Southwest Florida, hie. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Marianne G. Lorini, President /CEO 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 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 Area Agency on Aging for Southwest Florida, hie pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Contractors, when submitting financial reporting packages to the Area Agency on Aging for Southwest Florida, Inc. for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. PART 1V: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terns of this agreement for a period of six years from the date the audit report is issued, and shall allow the Department of Elder- Affairs and /or the Area Agency on Aging for Southwest Florida, Inc. or its designee, the CFO or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Area Agency on Aging for Southwest Florida; Inc., or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Area Agency on Aging for Southwest Florida, Inc. Packet Page -1483- July 2014 PART I: AUDIT RELATIONSHIP DETERMINATION 9/8/2015 16.D.3. Contract #HM203.14 ATTACHMENT H EMII?3IT I Providers who receive state or federal resources mayor may not be subject to the audit requirements of OMB Circular A -133, as revised, and /or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and /or Part Il of Exhibit 1 are met, Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A- 133, as revised, and /or Section 215.97, Fla. Stat. 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 Sec. 210 of OMB Circular A -133 and /or Rule 691 - 5.006, FAC, provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A -133 and /or Section 215.97, F.S. X Recipient /subrecipient subject to OMB Circular A -133 and/or Section 215.97, F.S. NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the Department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I- .006(2), FAC [state financial assistance] and Section 400 OMB Circular A -133 [federal awards]. PART It: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive federal awards or state matching funds on federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A -87)* OMB Circular A -102 — Administrative Requirements OMB Circular A -133 — 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 230 Cost Principles for Non- Profit Organizations (Formerly OMB Circular A -122 — Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A -110 — Administrative Requirements) Requirements) OMB Circular A -133 — 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 220 Cost Principles for Educational Institutions OMB (Formerly Circular A -21 — Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A -110 — Administrative Requirements) OMB Circular A -133 — 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 OMB Circular A -133 Compliance Supplement, Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient /subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 69I -5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations Packet Page -1484- July 2014 9/8/2015 16.D.3. Contract #HM203.14 ATTACHMENT III CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the Contractor named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant - funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement 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 fonds that have not been accounted for properly. (2) Management Information Systems used by the Contractor, Subcontractors, or any outside entity on which the Contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non - compl iant, Contractors 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 wan-ants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor 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 to the ongoing business of the state, time being of the essence. (4) The Contractor and any Subcontractors of, services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integl ity compliance issues. The Contractor shall require that the language of this certification be included in all subagreements, subgrants, and other arareements and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A -102 and 2/'FR Part 215 (formerly OMB Circular A -110). Chairman Julv 8, 2014 Si anatare Title Date Tom Henning 4 , Name of Authorized Sianer 2s to hairo an`s khest Approved as to form and legality Collier Count-\, Board of Count} Commissioners (gc�tt61 Ot4�}f. (Revised June 2008) Assistant County k6rneY e i , Packet Page -1485- July 2014 9/8/2015 16.D.3. Contract #HM203.14 ATTACHMENT IV CERTIFICATION IZEGA.RDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1) The Contractor certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach explanation to this certification. July 8, 2014 S ia t re: Torn fienning Date Chairman Collier Count), Board of County Commissioners Title Agency /Organization (Certification signature should be same as Contract signature.) Instructions for Certification 1. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5- 180.1020, as supplemented by 2 CFR 376.10- 376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 1 This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department may pursue available remedies, including suspension and /or debarment. 3. The Contractor will provide immediate written notice to the Contract Manager if at any time the Contractor - learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4. The Contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered "transactions and in all solicitations for lower tier- covered transactions. 5. Tile Contractor agrees that it shall not knowingly enter into any lower tier covered transaction %vith a person Nvilo is debarred, suspended, determined ineligible or voluntarily excluded fi•om participation, unless otherwise authorized by the federal government. 6. If the Contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal - ovenlment, the Department may pursue available remedies, including suspension, and /or debarment. 7. The Contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred. suspended, in eligibic. or voluntarily excluded from the covered transaction, unless it knotivs that the certification is erroneous. Approved as to form and legality Revised .tune 2008 ( } Assistant County A t�ti=y 0 � as to signature 00'l!. Packet Page -1486- `° July 2014 ASSURAN%ES— NON- CONSTRiIC T ;';.^_,N DI ROGRAMS 9/8/2015 16.D.3. Contract #HM203.14 ATTACHMENT V Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,' including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 -0043), Washington, DC 20503. TT PLEASE DO NOT RETURN YOUR COMPLLTED YUKM ru rrir: vrriur, yr 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. I681 -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; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application, 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 - 7328), which limit the political activities of employees whose principal employment activities are funded in whole or in pail with federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 8741 and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), regarding labor standards for federally assisted construction subagreements. Packet Page -1487- July 2014 9/8/2015 16.D.3. Contract #HM203.14 0. 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 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (lb U.S.C. 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1721 et seq.) related to protecting components or 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 -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 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. '6. 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 AUTHORIZE RTIF1' G OFFICIAL TITLE Tom Henni _ Chairman APPLICANT ORGANIZATION_ DATE SUBMITTED j� July 8, 2014 Collier County Board of Commissio7l'ers Attest as to Chalilnan l" signature only. - Packet Page -1488- Approved as to form and legality e% A.ssis ant County ey ,- P Jul), 2014 9/8/2015 16.D.3. Contract -#HM203.14 ATTACHMENT A DEPARTMENT OF ELDER AFFAIRS PROGRAMS & SERVICES HANDBOOK Department of Elder Affairs Programs & Services Handbook available at: littp://eider,-iffairs.state.fl.tis/docalnoiL.pli 1) (scroll to *July 2013 - Notices) Packet Page -1489- July 2014 9/8/2015 16.D.3. Contract 4HM203.14 ATTACHMENT B STA c OF FLORIDA DE,P.4RTMENT OF ELDER AFFAIRS C1 i�IL County AAA /Contractor I RIGHTS COMPLIANCE CHECKLIST Program /Facility Name Collier Address Completed By 3339 Tamiami Trail E, Suite 211 Lisa N. Carr Grants Coordinator City, State, Lip Code Date Telephone Naples, FL 34112 1 06/23/2014 1 239- 252 -2339 PART I: READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMYLLI E THIS FORM. 1. Briefly describe the geographic area served by the program /facility and the type of service provided: Collier County is situated over a 2,300 square mile area. Collier County Services for Seniors provides in -home care, care management and nutritional services For questions 2 -5 please indicate the fo 2. Population of area served 3. Staff currently employed 4. Clients currently enrolled/registcred 5. Advisory /Governing Board if applicable [lowing: Total # White Black Hispani Other Female Disabled Over40 Source of data2012 Census ]9,320,749 78.3% 16.6% 23.2% 1.9% 51.1% E ❑ Effective date: 6/24/14 8 50% 25% 25% El 91% 1:1 9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner Effective date: 6 /24/14 361 NO regardless of race, sex, color, age, national origin, religion or disability? ❑ 10. For in- patient services, are room assignments made without regard to race, color, national origin or disability? l 10% 5 NO 1 Oo�io ❑ ❑ ao�i° N/A YES PART II: USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. IF N/A or NO EXPLAIN. 6. Is an Assurance of Compliance on file with DOER? N/A YES NO ❑ ® ❑ 7. Compare the staff composition to the population. Is staff representative of the population? N/A YES NO ❑ E ❑ 8. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national N/A YES NO origin, sea, age, religion or disability? El 1:1 9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner N/A YES NO regardless of race, sex, color, age, national origin, religion or disability? ❑ 10. For in- patient services, are room assignments made without regard to race, color, national origin or disability? N/A YES NO ❑ ❑ 11. For in- patient services, are room assignments made without regard to race, color, national origin or disability? N/A YES NO ❑ ❑ 12. Is the program /facility accessible to non - English speaking clients? N/A YES NO ❑ 0 ❑ Revised Aupust2010. Page i oft ,i Packet Page -1490- July 2014 9/8/2015 16.D.3. Contract 4HM203.14 13. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? N/A YES NO Verbal ❑ Written ❑ Poster ❑ ❑ E ❑ 14.Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER against the program/facility. . 15. Is the program /facility physically accessible to mobility, hearing, and sight- impaired individuals? N/A YES NO ❑ ■ ❑ PART III: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO EXPLAIN. 16. Has as a self - evaluation been conducted to identify any barriers to serving disabled individuals, and to make any YES NO necessary modifications? ❑ ❑ 1.7. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO 18. Has a person been designated to coordinate Section 504 compliance activities? YES NO 14.Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on YES NO the basis of disability? M ❑ 20.Are auxiliary aids available to assure accessibility of services to hearing and sight - impaired individuals? YES NO ❑ ❑ PART iv: FOR PROGRAMS OR FACILITIES WIT1150 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF 550,000.00 OR MORE. 21. Do you have a written affirmative action plan? If NO, explain. YES NO ❑ ❑ Revised Ausust 2010. Page 2 of 2 Packet Page -1491- 9/8/2015 16.D.3. July 2014 Contract #HM203.14 INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECIi.LIST I. Describe the geographic set-vice 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. 2. Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ( "Other" races include Asian /Pacific Islanders and American Indian /Alaskan Natives.) 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. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOER 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? 8. Where there is a significant variation between the race, sex or ethnic composition of the clients and their- availability in the population, the program /facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations 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 of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a) and 45 CFR 80.1 (b) (2). 10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services, physical and recreational therapies, counseling and social services without regard to race, sex, color-, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients, 45 CFR 80.3 (b). 11. For in- patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability, 45 CFR 80.3 (a). 12. The program /facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non - English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a tn Packet Page -1492- 9/8/2015 16.D.3. July 2014 Contract #HM203.14 policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services, 45 CFR 80.3 (a). 13. Programs /facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to 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 program /facility. Indicate the basis, e.g., race, color, creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15. The 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, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of the Rehabilitation Act of I973 requires that a recipient of federal financial assistance conduct a self - evaluation to identify any accessibility barriers. Self - evaluation is a four step process: a. With the assistance of a disabled individual /organization, evaluate current practices and policies which do not comply with Section 504. b. Modify policies and practices that do not meet Section 504 requirements. c. Take remedial steps to eliminate any discrimination that has been identified. d. Maintain self - evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.), 45 CFR 84.6. 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b). 18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19. Continuing steps must be taken to notify employees and the public of the prograrn /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 $50,000.00 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 I964, as amended. Packet Page -1493- go" rn O L) O Ln C) r1li 0 CD N -- CD ui CL UD 0 CL -0 UJ LL w t ro 0 u 0 uj u 9/8/2015 16.D.3. Packet Page -1494- I- Cl LL Ifl M ui CL) ul r m r4 E E LL, 0 F6 ct 00 Ln 0 E Ln U m 01 C C) L) Ln ru ru _0 Uj < U- 9/8/2015 16.D.3. Packet Page -1494- I- Cl Q) LIA V-1 Q9 wa Ifl M ul r m Q) LIA V-1 Q9 wa 9/8/2015 16.D.3. Contract #HM203.14 DEt?- i[MMENT Of- BACKGROUND SCREENING E L D E RI Affidavit of Compliance - Employer AFFAIRS STATE OF FLORIDA AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.45(3), Florida Statutes. Z The term "employer" means any person or entity required by law to conduct background screening, including but not limited to, Area Agencies on Aging, Aging Resource Centers, Aging and Disability Resource Centers, Lead Agencies, Long -Term Care Ombudsman Program, Serving Health Insurance Needs of Elders Program, Service Providers, Diversion Providers, and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See §§ 435.02, 430.0402, Fla. Stat. A direct service provider is "a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face -to -face contact with a client while providing services to the client and has access to the client's living area, funds, personal property, or personal identification information as defined in s. 817.568. The term includes coordinators, managers, and supervisors of residential facilities; and volunteers." § 430.0402(1)(b), Fla. Stat. ATTESTATION: As the duly authorized representative of Collier County Housing. Hunan and Veteran Sersrices Employer Name located at 3339 Tamiami Trail E Suite 211 Naples FL 34112, Street Address City State ZIP code I, Kimberley Grant Director do hereby affirm under penalty of perjury Name of Representative that the above named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Signature of Representative STATE OF FLORIDA, COUNTY OF 1/11!10111 1Na Sworn to (or affirmed) and subscribed before me this day of by (Name of Representative) who is personally known. as roof of identification. to me or produced i" t p Print, Type, or Stamp commissioned Name of Notary Public Notary Public DOEA Forrn 235, Affidavit of Compliance- Employer, Effec Section 435.05(3), -'.S- Packet available a' ht c '�� t f #ai s �e #I t lishlb PdCket Page -1495- ►11tH I f 111t/!p ��1tl m6 ,x Date OFF 101384 .. O \ eT�'�• ±o�d BMriad 00 �x ``l,��CIG STATEQ�`t`4` / 1/11!10111 1Na Sworn to (or affirmed) and subscribed before me this day of by (Name of Representative) who is personally known. as roof of identification. to me or produced i" t p Print, Type, or Stamp commissioned Name of Notary Public Notary Public DOEA Forrn 235, Affidavit of Compliance- Employer, Effec Section 435.05(3), -'.S- Packet available a' ht c '�� t f #ai s �e #I t lishlb PdCket Page -1495- 9/8/2015 16.D.3. July 2014 Contract #HM203.14 ATTACRM[ENT II CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS The undersigned, an authorized representative of the Contractor named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The Contractor understands that pursuant to s. 287.135 F.S., any company at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, that is on the "Scrutinized Companies with Activities in Sudan List" or the. "Scrutinized Companies with Activities in the Iran Petroleum Sector List (collectively, "the Lists ") is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with the Area Agency on Aging for Southwest Florida, Inc. (Agency) for goods or services of $1 million or more. (2) The Contractor understands that, pursuant to s. 287.135 F.S., any company that submits a false certification to the Agency is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false certification. (3) The Contractor understands that the contract to which this form is an attachment may be terminated by the Agency if the Contractor submits a false certification or has been placed on the Lists. This certification, required by Florida law, is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. Signature: Toni Henning),- (Same as contract sign _ re) Chairman Title Collier County Board of County Commissioners Aftest as to Chairman Is f signature omy. M, R July S. 2014 Packet Page -1496- .Approved as to form and legality Assistant County At4K&Y ;Q 9/8/2015 16.D.3. July 2014 Contract #I- IM203.14 ATTACHMENT 3 VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Area Agency on Aging for Southwest Florida, Inc., Collier County Board of County Commissioners —Human Services, hereby referred to as Contractor, 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 Contractor during the contract term to perform employment duties pursuant to this Agreement and that any subcontracts include an express requirement that Subcontractors performing worl< or providing services pursuant to this Agree nt utilize the E- verify system to verify the employment eligibility of all new enygoyees h Vdby the Subcontractor during the contract term. r ate-e: Tom Henning (Same as contract signature) Chairman Title Collier County Board of County Commissioners Attest as to Chairman's Date Packet Page -1497- July 8, 2014 Approved as to form and legality Assistant County Att' 9/8/2015 16.D.3. Attestation Statement Agreement /Contract Number HM203.14 Amendment Number N/A 1, Tom Henning. Chairman , attest that no changes or revisions have been made to the (Recipient /Contractor representative) content of the above referenced agreement /contract or amendment between the Area Agency on Aging for Southwest Florida and Collier County Board of Commissioners (Signature of Recipient/Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement /contract content. Signature of Recipient /Coniractoro-epresentative a t _ �tt�st �� fi� Cnatrr�a��y� signature only. Packet Page -1498- 7 Date Approved as to farm and legality Assistant County Atto r 9/8/2015 16. D. 3. VERIFICATION OF EMERGENCY PREPAREDNESS PLAN Contract # HM203.14 1, Tom Henning, Chairman certify that Collier County Board of Commissioners (Name of authorized contractor representative) (Name of contractor) has a current and properly maintained Emergency Preparedness Plan. Assurance is given that the plan will be made available to the Area Agency on Aging for Southwest Florida, Inc. upon request. , `_. Signature of authorized contrictk representative Chairman Title July 8, 2014 Date Collier County Board of Commissioners Company October 2008 Packet Page -1499- ApprQ,ed as tca focan and legality Assistant County Atto �w tris, r; July 2015 to June 2016 9/8/2015 16.D.3. AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. COMMUNITY CARE FOR THE ELDERLY PROGRAM CONTRACT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. (Agency) and Collier County Board of County Commissioners (Contractor), and collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipient. WITNESSETH THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor of the Agency. 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, forms, exhibits and references incorporated, which constitute the contract document. 2. Incorporation of Documents within the Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals or desk books and Master Contract number HM014, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments. 3. Term of Contract This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2015 or on the date the contract has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty -nine (11:59) P.M., Eastern Standard Time June 30, 2016. 4. Contract.Amount The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed S747.745A0, or the rate schedule, 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, in accordance with s. 287.058(I)(g), Florida Statutes, the Agency may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of funds. Packet Page -1500- July 2014: to June 2016 6. Official Pavee and Representatives (Names, Add resses. and Telei) one Numbers): 9/8/2015 16.D.3. 7. All Terms and Conditigns Included: This contract and its Attachments, I, III, VI -X and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreernents, either written or verbal between the Parties. By signing this contract, the Parties agree that the), 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. Contractor: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,I, SIGNED BY: ...� NAME: Stephen Y Carnell TITLE: Public Services Department Head DATE: Federal Tax ID: 59- 6000558 Fiscal Year Ending Date: 09/30 Packet Page -1501- AREA AGENCY ON AGING FOR SOUTHWEST FLORrDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT /CEO DATE: Approved as to form and legality Assistant Count. Attorrmey ty,i rj, The Contractor name, as shown on page l of this Collier County Housing, Human and Veteran Services a, contract, and mailing address of the official payee to 3339 E Tamiami Trail, Building 1 °1 whom the payment shall be made is: Naples, FL 34112 Kimberly Grant. Director The name of the contact person and street address where Collier County Housing, s Human and Veteran b financial and administrative records are maintained is: 3339 E Tamiami Trail, Building H Naples, FL 34112 Kimberly Grant, Director The name, address, and telephone number of the Collier• County Housing, Human and Veteran C. representative of the Contractor responsible for Services administration of the program under this contract is: 3339 E Tamiami Trail, Building 14 Naples, FL 34112 (239) 252 -2273 Tammy Rhoades, VP of Finance d' The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc. Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1 100 North Fort Myers, FL 33903 Marianne Lorini, Executive Director e. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc. Contract Manager for this contract is: 15201 North Cleveland Avenue, Suite 1 100 North Fort Myers, FL 33903 239- 652 -6900 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. 7. All Terms and Conditigns Included: This contract and its Attachments, I, III, VI -X and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreernents, either written or verbal between the Parties. By signing this contract, the Parties agree that the), 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. Contractor: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,I, SIGNED BY: ...� NAME: Stephen Y Carnell TITLE: Public Services Department Head DATE: Federal Tax ID: 59- 6000558 Fiscal Year Ending Date: 09/30 Packet Page -1501- AREA AGENCY ON AGING FOR SOUTHWEST FLORrDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT /CEO DATE: Approved as to form and legality Assistant Count. Attorrmey ty,i rj, July 2015 to June 2016 9/8/2015 16.D.3. INDEX OF ATTACHMENTS ATTACHMENTI ............................................................................. ............................... 4 ATTACHMENTIII ............................................................................ .............................14 ATTACHMENT VI ANNUALBUDGET AND RATE SUMMARY ......................................... ....... .................... . ........................ 15 ATTACHMENT VII INVOICEREPORT SCHEDULE ............................................................ .............................16 ATTACHMENT VIII REQUESTFOR PAYMENT .................................................................. ............................... 17 ATTACHMENT IX RECEIPT AND EXPENDITURE REPORT............. ................. 18 ATTACHMENT X COST REIMBURSEMENT SUMMARY .................................................. .............................19 *Attachments 11, IV, and V are included by reference in the Master Contract HMO 14. 3 Packet Page -1502- July 2015 to June 2016 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. COMMUNITY CARE FOR THE ELDERLY PROGRAM SECTION I: SERVICES TO BE PROVIDED 1.1. DEFINITIONS OF TERMS AND ACRONYMS 1.1.1 Contract Acronyms Area Agency on Aging (AAA) Adult Protective Services (APS) Adult Protective Services Referral Tracking Too] (ARTT) Corrective Action Plan (CAP) Community Care for the Disabled Adult (CCDA) Community Care for the Elderly (CCE) Client Information and Registration Tracking System (CIRTS) Department of Children and Families (DCF) Florida Department of Elder Affairs (DOEA) Florida Statutes (F.S.) Horne Care for Disabled Adults (HCDA) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) 1.1.2 Program Specific Terms 9/8/2015 16.D.3. ATTACHMENT I Adult Protective Services Referral Tracking Tool: A system designed to track DCF APS referrals to AAAs and CCE Lead Agencies for victims of second party abuse, neglect, and exploitation who need home and community-based services as identified by APS staff. Aging Out: The condition of reaching 60 years of age and being transitioned from the DCF Services, CCDA or HCDA services to the Agency's community -based services. Area Plan: A plan developed by the area agency on aging outlining a comprehensive and coordinated service delivery system in its PSA in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Act and Agency and /or Department instructions. The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the area agency on aging enters CCE specific data in the CIRTS. An update may also include other revisions to the Area Plan as instructed by the Agency and /or Department. Department of Elder Affairs Programs and Services Handbook: An official document of the State of Florida, DOEA. The Handbook includes program policies, procedures, and standards applicable to agencies which are recipients /providers of DOEA funded programs. An annual update is provided through a Notice of Instruction, Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive Iiving arrangement. 0 Packet Page -1503- July 2015 to June 2016 9/8/2015 16.D.3. Notice of Instruction (NOI): The Department's established method to communicate to the Agency and/or Contractor the requirement to perform a particular task or activity. NOIs are located on the Department's website at htip: / /elcieraf.fair -s.state.fl.us /cioea /nois.php. Program Highlights: Success stories, quotes, testimonials, or human - interest vignettes that are used in the Summary of Programs and Services to demonstrate how programs and services help elders, families, and caregivers. Summary of Programs and Services (SOPS): A document produced by the Department and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. 1.2 GENERAL DESCRIPTION 1.2.1 General Statement The primary purpose of the CCE Program is to prevent, decrease, or delay premature or inappropriate and expensive placement of elders in nursing homes and other institutions. 1.2.2 Community Care for the Elderly Mission Statement The CCE Program assists functionally impaired elderly persons in living as independently as possible in their own homes or in the homes of relatives or caregivers. The program provides a continuum of care through the development, expansion, reorganization, and coordination of multiple community -based services to assist elders to reside in the least restrictive environment suitable to their needs. 1.2.3 Authority The relevant authorities governing CCE Program are: (1) Rule 58C -1, Florida Administrative Code; (2) Sections 430.201 through 430.207, F.S.; and (3) The Catalog of State Financial Assistance (CSFA) Number 65.010. 1.2.4 Scope of Service The Contractor is responsible for the programmatic, fiscal, and operational management of CCE. The program services shall be provided in a manner consistent with and described in the Contractor's Request for Proposal, RFP, and the Agency's current area plan, and the current DOEA Programs and Services Handbook, which are hereby incorporated by reference. 1.2.5 Major Program Goals The major goals of the program are to preserve the independence of elders and prevent or delay more costly institutional care through a community care service system that provides case management and other in -home and community services as needed under the direction of a lead agency and provide a continuum of service alternatives that meet the diverse needs of functionally impaired elders. 1.3 INDIVIDUALS TO BE SERVED 1.3.1 General Eligibility The CCE Program provides a continuum of services for functionally impaired elders. 1.3.2 Individual Eligibility In order to receive services under this contract, an applicant must: (1) Be at least 60 years of age; (2) Be functionally impaired as determined through the initial comprehensive assessment; and 5 Packet Page -1504- July 2015 to June 2016 9/8/2015 16.D.3. (3) Not be dually enrolled in the CCE Program and a Medicaid capitated long -term care program. Y Targeted i.1 �.2 .1 aargeteo G roups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an institution or who are abused, neglected or exploited. SECTION II: MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS To achieve the goals of the CCE Program, the Contractor shall perform, or ensure that its Subcontractors perform the following tasks: (1) Client Eligibility Determination; (2) Assessment and Prioritization of Service Delivery for New Clients; (3) Delivery of Services to Eligible Clients; and (4) Monitoring the performance of Subcontractors. 2.1.1 Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in this ATTACHMENT I, Section 1.3. 2.1.1.1 DCF APS Low, Intermediate, and High Risk Referrals Risk Referrals For DCF APS Low, Intermediate, and High Risk Referrals for individuals who are enrolled in a Medicaid long -term care program at the time of referral to the Contractor or Subcontractor, the Contractor shall: (l) Ensure that the intake entity contacts the DCF APS protective investigator and notifies him /her that the referral was not accepted because the referred individual is enrolled in a Medicaid long -term care program; and (2) Ensure that the intake entity notes that the referred individual is enrolled in a Medicaid long -term care program in the ARTT as the reason for rejection. 2.1.2 Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients in the sequence below for service delivery. It is not the intent of the Agency to remove existing clients from services in order to serve new clients being assessed and prioritized for service delivery. (1) DCF APS High Risk individuals: The Contractor shall ensure that pursuant to Section 430.205(5)(a), Florida Statutes, those elderly persons who are determined by DCF APS to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm, and are referred by APS, will be given primary consideration for receiving CCE services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the Agency or as established in accordance with Agency contracts by local protocols developed between Agency service Contractors and APS. The Contractor shall follow guidelines for DCF APS High Risk referred individuals established in the APS Operations Manual, which is incorporated by reference. (2) Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self -care is not possible, there is no capable caregiver, and nursing home placement is likely within a month or very likely within 3 months. rol Packet Page -1505- 9/8/2015 16.D.3. July 2015 to June 2016 (3) Aging Out individuals: hdividuals receiving CCDA and HCDA services through the Department of Children and Families' Adult Services transitioning to community -based services provided through the Agency and /or Department when services are not currently available. (4) Service priority for individuals not included in (1), (2), and (3) above, regardless of referral source, will be determined through the Agency's functional assessment administered to each applicant, to the extent funding is available. The Contractor shall ensure that first priority is given to applicants at the higher levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 2.1.2.1 Referrals for Medicaid Waiver Services: (1) The Contractor must require Subcontractors, through the performance of the client assessment, to identify potential Medicaid eligible CCE clients and to refer these individuals for application for Medicaid Waiver services. (2) The Contractor must require individuals who have been identified as being potentially Medicaid Waiver eligible to apply for Medicaid Waiver services in order to receive CCE services. These individuals may only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the client is found ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, then the individual may continue to receive CCE services. (3) The Contractor must advise individuals who have been identified as being potentially Medicaid Waiver ZD eligible of the responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. 2. 1.3 Delivery of Service to Eligible Clients The Contractor shall ensure the provision of a continuum of services that meet the diverse needs of functionally impaired elders. The Contractor shall ensure performance and reporting of the following services in accordance with the current DOEA Programs and Services Handbook, which is incorporated by reference. The services include the following categories: (1) Core Services; (2) Health Maintenance Services; and (3) Other Support Services. 2.1.3.1 Core Services for Programmatic Operation The Contractor shall ensure that core services include a variety of home - delivered services, day care services, and other basic services that are most needed to prevent unnecessary institutionalization. Core services, to be provided at the unit rate identified in the Area Plan, as updated, include the following: (1) Adult Day Care: (2) Chore Services; (3) Companionship; (4) Escort; (5) Financial Risk Reduction; (6) Home Delivered Meals; (7) Homemaker; (S) Housing Improvement; (9) Legal Assistance; (10) Pest Control Services; (11) Respite Services; (12) Shopping Assistance; and (13) Transportation. VA Packet Page -1506- July 20'1 ` to June 2016 9/8/2015 16.D.3. 2.1.3.2 Health Maintenance Services The Contractor shall ensure that health maintenance services are routine health services that are necessary to maintain the health of functionally impaired eiders. These services are limited to medical therapeuti, services, non - medical prevention services, personal care services, home health aide services, home nursing services, and emergency response systems. Typical services to be provided at the unit rate identified in the Area Plan, as updated, include the following: (1) Adult Day Health Care; (2) Emergency Alert Response; (3) Gerontological Counseling; (4) Health Support; (5) Home Health Aide; (6) Medication Management; (7) Mental Health Counseling /Screening; (8) Nutrition Counseling; (9) Occupational Therapy; (10) Personal Care; (11) Physical Therapy; (12) Skilled Nursing Services; (13) Specialized Medical Equipment, Services and Supplies; and (14) Speech Therapy. 2.1.3.3 Other Support Services The Contractor shall ensure that support services expand the continuum of care options to assist functionally impaired elders and their caregivers. Support services to be provided at the unit rate identified in the Area Plan as updated, include the following: (1) Caregiver Training/Support; (2) Case Aid; (3) Case Management; (4) Intake; (5) Material Aid; and (6) Other- services, as approved by the Agency. 2.1.4 Use of Subcontractors If this contract involves the use of a Subcontractor or third party, then the Contractor shall not delay the implementation of its agreement with the Subcontractor. if any circumstances occur that may result in a delay for a period of 60 days or more of the initiation of the subcontract or in the performance of the Subcontractor; the Contractor shall notify the Agency's Contract Manager and the Agency's Chief Financial Officer in ,,vriting of such dclay. The Contractor shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. In accordance with Section 23.1 of Master Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such action. The Contractor shall submit a copy of all subcontracts to the Contract Manager within thirty days of the subcontract being executed. 2.1.5 Monitoring the Performance of Subcontractors The Contractor shall monitor. at least once per year.. each of its Subcontractors, Subrecipients, Vendors, and /'or Consultants paid from funds provided under this contract. The Contractor shall perform fiscal. administrative and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance and compliance with applicable state and federal laws and regulations. The Contractor 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 coals stated in this contract are achieved. Packet Page -1507- July 2015 to June 2016 9/8/2015 16.D.3. 2.2 SERVICE TIMES 2.2.1 Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs, at a minimum during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. 2.3 DELIVERABLES 2.3.1 Service Unit The Contractor shall ensure the provision of the services described in the contract in accordance with the current DOEA Programs and Services Handbook and the service tasks described in Section 2.1. ATTACHMENT VI lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Area Plan as updated, as shown in ATTACHMENT VI, and approved by the Agency. 2.4 REPORTS The Contractor shall respond to additional routine and /or special requests for information and reports required by the Agency in a timely manner as determined by the Contract Manager. The Contractor shall establish reporting due dates for Subcontractors that permit the Contractor to meet the Agency's reporting requirements. 2.4.1 Area Plan Update and All Revisions Thereto The Agency is required to submit an annual Area Plan update wherein the Agency enters CCE- specific data in the CIRTS. The Contractor may also be required to submit revisions to the Area Plan as instructed by the Agency and /or Department. 2.4.2 CIRTS Reports The Contractor shall input CCE - specific data into CIRTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS - generated reports which include the following: (1) Client Reports; (2) Monitoring Reports; (3) Services Reports; (4) Miscellaneous Reports; (S) Fiscal Reports; (6) Aging and Disability Resource Center Reports; and (7) Outcome Measurement Reports. 2.4.4 Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2014- 2015 by September 04, 2015. The Contractor 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 Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, in order to identify the specific individual or entity that performed the activity described in the highlight, The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting them to the Agency. 0 Packet Page -1508- July 2015 to June 2016 9/8/2015 16.D.3. 2.5 RECORDS AND DOCUMENTATION The Contractor shall ensure, on a monthly basis, that client and service information is properly collected and maintained within the CIRTS or any such system designated by the Agency and /or Department. Maintenance includes valid exports and backups of all data and systems according to Agency and /or Department standards and the DOEA Programs and Services Handbook. 2.5.1 Policies for Data and Software Backup Each Contractor and Subcontractor, among other requirements, must 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 Contractor 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. The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and /or agreements with Subcontractors. These policies and procedures shall be made available to the Agency, upon request. 2.6 PERFORMANCE SPECIFICATIONS 2.6.1 Outcomes (1) The Contractor shall ensure services provided under this contract are in accordance with the current DOEA Programs and Services Handbook. (2) The Contractor shall timely submit to the Agency all reports described in ATTACHMENT I, SECTION 2.4 REPORTS; (3) The Contractor shall timely submit to the Agency all information described in ATTACHMENT I, SECTION 2.5 RECORDS AND DOCUMENTATION. 2.7 CONTRACTOR'S FINANCIAL OBLIGATIONS 2.7.1 Matching, Level of Effort, and Earmarking Requirement The Contractor must provide a match of at least 10 percent of the cost for all CCE services. The match must be made in the form of cash and /or in -kind resources. At the end of the contract period, all CCE funds expended must be properly matched. State funds shall not be used to match another state - funded program. 2.7.2 Cost Sharing and Co- Payments The Agency must ensure Contractors establish annual co- payment goals. The Agency has the option to withhold a portion of the Contractor's request for payment if goals are not met according to the Agency and /or Department's co- payment guidelines, in accordance with the current DOEA Programs and Services Handbook, which is incorporated by reference, Co- payments include only the amounts assessed to consumers by Contractors or the amounts consumers opt to contribute in lieu of an assessed co- payment. The consumer's contribution must be equal to or greater than the assessed co- payment. Co- payments collected in the CCE Program can be used as part of the local match, as detailed above in Section 2.7.1. 2.8 AGENCY RESPONSIBILITIES 2.8.1 Program Guidance and Technical Assistance The Agency will provide to the Contractor guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the Contractor. 10 Packet Page -1509- July 2015 to June 2016 2.8.2 Contract Monitoring 9/8/2015 16.D.3. The Agency will review and evaluate the performance of the Contractor under the terns of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, or an on -site visit. The Agency's determination of acceptable performance shall be conclusive, The Contractor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring: (1) Desk reviews and analytical reviews; (2) Scheduled, unscheduled and follow -up on -site visits; (3) Client visits; (4) Review of independent auditor's reports; (5) Review of third -party documents and /or evaluation; (6) Review of progress reports; (7) Review of customer satisfaction surveys; (8) Agreed -upon procedures review by an external auditor or consultant; (9) Limited -scope reviews; and (10) Other procedures as deemed necessary. SECTION III: METHOD OF PAYMENT 3.1 General Statement of Method of Payment The method of payment for this contract includes advances and fixed rate for services. Payment may be authorized for all allowable expenditures to complete the tasks identified in the deliverables, as required by the agreement. The Contractor shall consolidate all requests for payment from Subcontractors and expenditure reports that support requests for payment and shall submit to the Agency on ATTACHMENT VIII, ATTACHMENT IX, and ATTACHMENT X. 3.1.1 Funding Distribution The Contractor agrees to distribute finds as detailed in the Area Plan update and the Annual Budget Summary, ATTACHMENT VI to this contract. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. 3.2 .ADVANCE PAYMENTS The Contractor may request up to two months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency and the Department by the State of Florida ( "budget release "). The Contractor shall provide the Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. The Contractor's requests for advances require the approval of the Contract Manager. If sufficient budget is available, the Agency will issue approved advance payments after July 1, 2015. 3.2.1 Advance Recoupment All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number five, in accordance with the Invoice Report Schedule, ATTACHMENT VII. The Contractor may temporarily place advanced funds in a FDIC insured interest bearing account. All interest earned on advanced funds must be returned to the Agency within 30 days or the end of each quarter of the contract period. Packet Page -1510- July 2015 to June 2016 9/8/2015 16.D.3. 3.3 INVOICE SUBMITTAL AND REQUESTS FOR PAYMENT All Requests For Payment and Receipt and Expenditure Reports submitted to the Agency shall be submitted using ATTACHMENT VIII, ATTACHMENT IX and Cost Reimbursement Summary (ATTACHMENT X). The Contractor shall include documentation of services provided, unit of services, and the rates for the services provided in conformance with the requirements as described in this ATTACHMENT I and ATTACHMENT VI. 3.3.1 Payment Requests All payment requests shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests (when available) and invoices is ATTACHMENT VII. 3.3.2 Payment Withholding Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved as outlined in Section 26 of the Master Contract. 3.3.3 Date for Final Request For Budget Revisions Final requests for budget revisions or adjustments to contract funds based on expenditures for services, must be submitted to the Contract Manager no later than June 25, 2016. 3.3.4 Date for Final Request for Payment The final request for payment for expenditures is due to the Agency no later than July 25, 2016. 3.4 DOCUMENTATION FOR PAYMENT The Contractor shall maintain documentation to support payment requests that shall be available to the Agency or authorized individuals, such as Depai tYnent of Financial Services, upon request. 3.4.1 CIRTS Data Entries for Contractors The Agency must require Contractors to enter all required data for clients and services in the CIRTS database per the DOEA Programs and Services Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Contractors must enter this data into the CIRTS prior to submitting their requests for payment and expenditure reports to the Agency. The Agency shall establish deadlines for submission to assure compliance with due dates for the requests for payment and expenditure reports that Contractor must submit to the Agency. 3.4.2 Contractors' Monthly CIRTS Reports The Contractor must run monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the Agency with the monthly request for payment and expenditure report and must be reviewed by the Agency before the Contractor's request for payment and expenditure reports can be approved by the .Agency. 3.5 REMEDIES FOR NONCONFORMING SERVICES The Contractor 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 shall only be delivered to eligible program participants. If the Contractor 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 wilt not be reimbursed under this contract. The Contractor's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and /or services. The Agency requires immediate notice of any significant and /or systemic infractions that compromise the quality, security or continuity of services to clients. 12 Packet Page -1511- July 2015 to ,tune 2016 9/8/2015 16..D.3. 3.6 FINANCIAL CONSEQUENCES Contractor shall ensure 100% of the deliverables and service tasks identified in this contract are performed pursuant to contract requirements. If at any time after an initial written notice of deficiency, Contractor is notified by the Agency's Contract Manager that it has failed to correctly, completely, or adequately perform the deliverables or service tasks, Contractor will have 10 days to issue a Corrective Action Plan ( "CAP ") to the Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the specified time period. The Agency shall assess a Financial Consequence for Non - Compliance on the Contractor for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also assess a financial Consequence for failure to timely submit a CAP. 3.6.1 Payment Deduction In the event Contractor fails to correct an identified deficiency within the timeline specified in the CAP, the Agency shall deduct, from the payment for the invoice of the following month, 1% of the monthly value of the contract for each day the deficiency is not corrected. If Contractor fails to timely submit a CAP plan, the Agency shall deduct 1% of the monthly value of the administrative funds in the contract for each day the CAP is overdue, beginning the 1 lth day after notification by the contract manager of the deficiency. The deduction will be made from the payment for the invoice of the following month. If, or to the extent, there is any conflict between this paragraph and paragraphs 39 and 39.1 of the Master contract, this paragraph shall have precedence 13 Packet Page -IS12- July 2015 to June 2016 9/8/2015 16.D.3. ATTACHMENT III 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD $0 CTATIP 1 TNANC'TAT, A.4CTCTANCV RTTR.IFC'T TO Sec. 215.97. F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Community Care for the Elderly General Revenue - Collier 65.010 $747,745.00 TOTAL AWARD $747,745.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Section 215.97, F.S. Chapter 691 -5, Fla. Admin. Code 14 Packet Page -1513- July 2015 to June 2016 ANN'U ' L BUDGET SUMMARY COMMUNITY CARE FOR THE ELDERLY PROGRAM for Collier County Board of County Commissioners CCE Services $747,745.00 RATE SUMMARY for Collier County Board of County Commissioners RATE SUMMARY 9/8/2015 16.D.3. ATTACHMENT VI Charlotte County Total Unit Cost Reimbursement Rate -90% Case Management $60.00 $54.00 Case Aide $33.88 $30.50 Adult Day Care $12.83 $11.55 Chore $23.33 $21.00 Enhanced Chore $30.33 $27.30 Companion $23.33 $21.00 Skilled Nursing $42.00 $37.80 EARS $ 1.31 $ 1.18 Homemaking $21.50 519.35 Personal Care $25.67 $23.10 Respite-in-Home $25.67 $23.10 Home Improvement $ Cost Reimbursement 90% Cost Reimbursement Material Aid $ Cost Reimbursement 90% Cost Reimbursement Specialized Medical Equipment, Service & Supplies $ Cost Reimbursement 90% Cost Reimbursement Transportation $ Cost Reimbursement 90% Cost Reimbursement 1.5 Packet Page -1514- July 2015 to June 2016 Report Number 2 3 4 5 6 7 8 9 10 12 13 14 15 16 INVOICE REPORT SCHEDULE COMMUNITY CARE FOR THE ELDERLY Based On July Advance* August Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report Final Expenditure Report Closeout Report Legend: * Advance based on projected cash need. 9/8/2015 16.D.3. ATTACHMENT VII Submit to State on this Date July I July 1 August 9 September 9 October 9 November 9 December 9 January 9 February 9 March 9 April 9 May 9 June 9 July 9 July 25 August 1 Note # 1: Report #I for Advance Basis Agreements cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July 1 or until the agreement with the Agency has been executed and a copy sent to the Area Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to the Area Agency on Aging for Southwest Florida, Inc. is dependent on the accuracy of the expenditure report. Note # 2: All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number five. The adjustment shall be recorded in Part C, Line 1 of the report (ATTACHMENT IX). Report numbers 5 through 14 shall reflect an adjustment of one -tenth of the total advance amount on each of the reports, repaying advances issued the first two months of the agreement. The adjustment shall be recorded in Part C, I of the report (ATTACHMENT IX). Note 43: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the .Agency, payment is to accompany the report. 16 Packet Page -1515- July 2015 to June 2016 REQUEST FOR PAYMENT COMMUNITY CARE FOR THE ELDERLY 9/8/2015 16.D.3. ATTACHMENT 'VIII RECIPIENT NAME, ADDRESS, PHONE# and FEID# TYPE OF PAYMENT: Regular Advance _ This Request Period: From:__ To:_ _ Contract Period Contract # Report # PSA #_ CERTIFICATION: I hereby certify to the best of my knowledge that this request or refund conforms with the terms and the purposes of the above contract- Prepared by: _ Date:___ Approved by: _ _ -_ Date:_ _ PART A: BUDGET SUMMARY 1. Approved Contract Amount 2. Previous Funds Received for Contract Period 3. Contract Balance Oine 1 minus line 2) 4. Previous Funds Requested and Not Received for Contract Period 5. CONTRACT BALANCE (line 3 minus line 4) CCE Admin. $ 0.00 $ 0.00 CCE Services $ 0.00 TOTAL $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0. OD $ 0.00 $ 0,00 $ 0.00 $ 0.00 $ 0. DO $ 0.00 $ 0.00 PART B: CONTRACT FUNDS REQUEST 1. Anticipated Cash Need (1st- 2nd months) 2. Net Expenditures For Month (DOEA Form 105C, Part B, Line 4) 3. TOTAL $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ D.00 $ 0.OD $ 0.00 $ 0.00 $ 0.00 PART C' NET FUNDS REQUESTED 1. Less Advance Applied 2. TOTAL FUNDS REQUESTED (Pan $ Line 3, minus Part C Line 1) $ 0,00 $ D.00 $ 0.00 $ 0,00 $ 0.00 $ 0.00 List of Services / Units / Rates provided - See attached report. DOEA FORM 106C Revised 5/4112 17 Packet Page -1516- July 2015 to June 2016 RECEIPT AND EXPENDITURE REPORT COMMUNITY CARE FOR THE ELDERLY 9/8/2015 16.D.3. ATTACHMENT IX PROVIDER NAME, ADDRESS, PHONE # and FEID# Program Funding: THIS REPORT PERIOD: From To CCE Admin. CONTRACT PERIOD: GCE Services CONTRACT # REPORT# PSA# CERTIFICATION . I certify to the best of my knowledge and belief that the report is complete and correct and all outlays herein are for purposes set forth in the contract. Prepared by: Date: Approved by : Date: PART A: BUDGETED INCOME/ RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1 . State Funds $0.00 $0.00 $0.00 #DIV /O! 2. Program Income $0.00 $0.00 $0.00 #DIV /0! 3. Local Cash Match $0.00 $0.00 $0.00 #DIV /0! 4. SUBTOTAL: CASH RECEIPTS 5. Local In -Kind Match 6. TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIV /01 PART B: EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Administrative Services $0.00 $0.00 $0.00 #DIV /0! 2. Service Subcontractor(s) $0.00 $0.00 $0.00 #DIV /O! 3. Adult Protective Services $0.00 $0.00 $0.00 #DIV /0! 4. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV /01 PART C: OTHER REVENUE AND EXPENDITURES 11, Interest: 111. Advance Recouped I. Program Income (PI) 1. Earned on GR Advance $ $ 1. CCE: PI Collected YTD $ 2. Return of GR Advance $ (Includes fees collected) 3. Other Earned $ PART D : CO- PAYMENTS CURRENT MONTH 1. Total of Co- payments assessed $ 2. Total of Co- payments collected $ (For Tracking Purposes only) DO EA FORM 105C R.-d 5/25/2010 ial: $ YEAR -TO -DATE Packet Page -1517- July 2015 to June 2016 Cost Reimbursement Summary Contract # Report (invoice) Number: 9/8/2015 16.D.3. UUF_ GVJ.IJ ATTACHMENT X Packet Page -1518- 1 l 9/8/2015 16.D.3. Revised August 2007 :Attestation Statement Agreement /Contract Number CCE 203.15 Amendment Number 1, Stephen Y. Carnell , attest that no changes or revisions have been made to the (Recipient /Contractor representative) content of the above referenced agreement /contract or amendment between the Area Agency on Aging for Southwest Florida and Public Services Department Head (Recipient /Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement /contract content. 1 Signature of Recipienf/Contractdfr representative Date Revised August 2007 Packet Page -1519- Approved as to form and legality Assistant County Attorney July 2015 to June 2016 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ALZHEIMER'S DISEASE INITIATIVE CONTRACT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9/8/2015 16.D.3. ADI 203.15 THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. (Agency) and Collier County Board of County Commissioners (Contractor) and collectively referred to as the "Parties." WITNESSETH THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor of the Agency. 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, forms, exhibits and references incorporated, which constitute the contract document. 2. Incorporation of Documents within the Contract: The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals or desk books and Master Contract number HMO 14, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments. 3. Term of Contract: This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2015 or on the date the contract has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty -nine (11:59) P.M., Eastern Standard Time June 30, 2016. 4. Contract Amount: The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $236,025.00, or the rate schedule, 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, in accordance with s. 287.058(1)(g), F.S., the Agency may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability= of funds. Packet Page -1S20- July 2015 to:1une 2016 6. Official Payee and R .1.4 ...- fh1., A.IA ­ nn�i Trinnhnstio 74Tnmivurci• 9/8/2015 16.D.3. AD1 203.13 7. All Terms and Conditions Included This contract and its Attachments I, 111, VI - X. and K any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Pal-ties. By signing this contract, the Parties agree that they have read and agree to the entire contact. IN WITNESS THEREOF, the Parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF AREA AGENCY ON AGING FOR COUNTY COMMISSIONERS SOUTHWEST FLORIDA, INC. , SIGNED 13Y: SIGNED BY: NAME: Stephen Y. Carrell NAME: MARIANNE G LORINI TITLE: Public Services Department Head TITLE: PRESIDENT/CEO DATE: ; s DATE: Federal Tax ID: 59- 6000558 Fiscal Year Endim-, Date: 09,'30 Approved as to foam and legality Assistant County Attomey _ Packet Page - 1521 - v r i Collier Count)! Housing, Human and Veteran The Contractor name, as shown on page I of this Services a. contract, and mailing address of the official payee to 3339 E Tamia:ni Trail, Building I-1 whom the payment shall be made is: Naples.. FL 34112 Kimberly Grant, Director The name of the contact person and street address where Collier County Housing, Human and Veteran b financial and administrative records are maintained is: Services 3339 ETamiami Trail, Building H Naples, FL 34112 Kimberly Grant, Director The name, address, and telephone number of the Collier County Housing, Human and Veteran C. representative of the Contractor responsible for Services administration of the program under this contract is: 3339 E Tamiami Trail, Building H Naples, FL 34112 (239) 252 -2273 Tammy Rhoades, VP of Finance d The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc. Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1 100 forms are to be mailed is: North Fort Myers, FL 33903 Marianne Lorini, Executive Director e. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc. Contract Manager for this contract is: 15201 North Cleveland Avenue, Suite 1 100 North Fort Myers, FL 33903 239 - 652 -6900 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. 7. All Terms and Conditions Included This contract and its Attachments I, 111, VI - X. and K any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Pal-ties. By signing this contract, the Parties agree that they have read and agree to the entire contact. IN WITNESS THEREOF, the Parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF AREA AGENCY ON AGING FOR COUNTY COMMISSIONERS SOUTHWEST FLORIDA, INC. , SIGNED 13Y: SIGNED BY: NAME: Stephen Y. Carrell NAME: MARIANNE G LORINI TITLE: Public Services Department Head TITLE: PRESIDENT/CEO DATE: ; s DATE: Federal Tax ID: 59- 6000558 Fiscal Year Endim-, Date: 09,'30 Approved as to foam and legality Assistant County Attomey _ Packet Page - 1521 - v r i 9/8/2015 16.D.3. July 2015 to June 2016 AD] 203.15 INDEX OF ATTACHMENTS ATTACHMENTI ........................................................................... ..............................4 STATEMENT OF WORK ATTACHMENTIII ......... ............................... I.......................................... .............................13 FUNDING SUMMARY ATTACHMENTVI ................................................................................... .............................14 INVOICE REPORT SCHEDULE ATTACHMENTVII .................. ............................... . ................................ .............................15 ANNUAL BUDGET SUMMARY ATTACHMENTVIII .................................................................................................................. .............................16 REQUEST FOR PAYMENT ATTACHMENT1X .................................................................................... ............................... 17 RECEIPT AND EXPENDITURE REPORT ATTACHMENTX ..................................................................................... .............................18 COST REIMBURSEMENT SUMMARY ATTACHMENTK .................................................................................... .............................19 SERVICE RATE REPORT *Attachments II, IV, and V are incorporated by reference in Master Contract HMO] 4. Packet Page -1522- July 2015 to June 2016 STATEMENT OF WORT: ALZHEIMER'S DISEASE INITIATIVE PROGRAM SECTION I: SERVICES TO BE PROVIDED 1.1 DEFINITIONS OF CONTRACT TERMS AND ACRONYMS 1.1.1 Definitions of Acronyms Alzheimer's Disease (AD) Alzheimer's Disease Initiative (ADI) Activities of Daily Living (ADL) Assessed Priority Consumer List (APCL) Adult Protective Services (APS) CIient Information and Registration Tracking System (CIRTS) Community Care for Disabled Adults (CCDA) Corrective Action Plan (CAP) Department of Elder Affairs — (DOEA) or Department Florida Statutes — (F.S.) Home Care For Disabled Adults (HCDA) Instrumental Activities of Daily Living (IADL) Memory Disorder Clinic (MDC) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) United States Code— (U.S.C.) 1.1.2 Program Specific Terms 9/8/2015 16.D.3. ADI 203.15 ATTACHMENT I Area Plan: A plan developed by the Agency outlining a comprehensive and coordinated service delivery system in the respective planning and service area, in accordance with the Section 306 of the Older Americans Act (42 U.S.C. 3026) and Department instructions. The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the Agency enters ADI specific data into the CIRTS. An update may also include other revisions to the Area Plan as instructed by the Department. Department of Elder Affairs Programs and Services Handbook: An official document of the State of Florida, DOEA, The Handbook includes program policies, procedures, and standards applicable to agencies which are recipients /providers of DOEA funded programs. An annual update is provided through a Notice of Instruction. Functional Assessment; A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive living arrangement. Memory Disorder Clinic; Research oriented programs created pursuant to Sections 430.502(1) and (2). F.S., to provide diagnostic and referral services, conduct basic and service- related multidisciplinary research, and develop training materials and educational opportunities for lay and professional caregivers of individuals with AD. Packet Page -1523- July 2015 to June 2016 9/8/2015 16.D.3. ADI 203.15 Model Day Care: A program of therapeutic, social and health activities specific to clients with memory disorders. Services and activities include, but are not Iimited to, active and quiet games, reminiscence, validation therapy, pet therapy, water therapy and other failure free activities appropriate to the client's level of functioning. Model day care centers will also provide training for health care and social service personnel in the care of persons having AD or related memory disorders. Notice of Instruction (NOI): The Department's established method to communicate to the A g e n c y a n d / o r Contractor the requirement to perform a particular task or activity. NOIs are located on the Department's website at httna/ ekleraffairsstate .fl.us /doea/nois,php. Program Highlights: Success stories, quotes, testimonials, or human - interest vignettes that are used in the Summary of Programs and Services to include information that helps tell the story of how programs and services help elders, families, and caregivers. Summary of Programs and Services (SOPS): A document produced by the Department and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. 1.2 GENERAL DESCRIPTION 1.2.1 General Statement The ADI Program provides a continuum of services addressing the special needs of individuals with AD, their families and caregivers. 1.2.1.1 Alzheimer's Disease Initiative Program Mission Statement The ADI Program ensures that persons afflicted with AD and other forms of dementia are given essential services to help them age in place in an elder - friendly environment with security, dignity, and purpose. The program also provides support to family members and caregivers of persons afflicted with AD. 1.2.2 Authority The relevant authority governing the Alzheimer's Disease Initiative Program are as follows: (1) Rule Chapter 58D -1, Florida Administrative Code; (2) Sections 430.501, 430.502, 430.503, and 430.504, Florida Statutes; and (3) The Catalog of State Financial Assistance (CSFA) Number 65.004. 1.2.3 Scope of Service The Contractor is responsible for the programmatic, fiscal, and operational management of the ADI Program. The program services shall be provided in a manner consistent with the Contractor's Request for Proposal, RFP, and the Agency's current area plan and the current Department of Elder Affairs OEA Programs and Services Handbook, which are incorporated by reference. 1.2.4 Major Program Goal The major goal of the ADI Program is to provide services to meet the needs of caregivers and individuals with AD and related memory disorders. 1.3 INDIVIDUALS TO BE SERVED 1.3.1 General Eligibility The ADI Program addresses the special needs of individuals with AD and their caregivers. 1.3.2 Individual Eligibility Those individuals eligible to receive services under this contract must meet the following conditions: Packet Page -1524- 9/8/2015 16.D.3. July 2015 to June 2016 ADI 203.15 (1) Be 18 years of age or older and have a diagnosis of AD or a related disorder, or be suspected of having AD or a related disorder; and (2) Not be enrolled in a Medicaid capitated long -term care program. 1.3.3 Targeted Groups Priority for services under this contract will be given to those eligible persons assessed to be at risk of placement in an institution. SECTION II: MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS To achieve the goals of the ADI Program, the Contractor shall perform or ensure that its Subcontractors perform the following tasks: (1) Client Eligibility Determination; (2) Assessment and Prioritization of Service Delivery for New Clients; (3) Delivery of Services to Eligible CIients; and (4) Monitoring the Performance of Subcontractors. 2.1.1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in this ATTACHMENT I, Section 1.3. 2.1.2 Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients for service delivery. It is not the intent of the Agency to remove existing clients from any services in order to serve new clients being assessed and prioritized for service delivery. (1) Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self -care is not possible, there is no capable caregiver, and nursing home placement is likely within a month or very likely within three (3) months. (2) Service priority for individuals not included in (1) above, regardless of referral source, will be determined through the Agency's functional assessment administered to each applicant, to the extent funding is available. The Contractor shall ensure that first priority is given to applicants at the higher Ievels of frailty and risk of nursing home placement. 2.1.3 Delivery of Services to Eligible Clients The Contractor shall ensure the provision of a continuum of services addressing the diverse needs of individuals with AD and their caregivers. The Contractor shall ensure performance and reporting of the following services in accordance with the current DOEA Programs and Services Handbook, which is incorporated by reference. The services include the following categories: (1) Caregiver Training /Support; (2) Case Aide; (3) Case Management; me r` Packet Page - 1525 -' 9/8/2015 16.D.3. July 2015 to June 2016 AD[ 203.15 (4) Counseling (Gerontological); (5) Counseling (Mental Health /Screening); (6) Education/Training; (7) Intake; (8) Model Day Care; (9) Respite (Facility- Based); (10) Respite (In- Home); and (11) Specialized Medical Equipment, Services, and Supplies. 2.1.3.1 Memory Disorder Clinics MDCs are required to provide four (4) hours of in- service training to all respite, in- facility respite and model day care centers in their designated service areas. In- service training topics may include physiological, behavioral and emotional aspects of AD and related diseases as well as caregiver techniques, coping strategies and information regarding Silver Alert. The Contractor shall collaborate with MDCs to assist in this effort and in the effort to carry out Silver Alert protocol activities. The Contractor shall respond to requests for evaluation information and statistical data concerning its consumers, based on information requirements of the MDCs and Brain Bank. 2.1.4 Use of Subcontractors If this contract involves the use of a Subcontractor or third party, then the Contractor shall not delay the implementation of its agreement with the Subcontractor. If any circumstances occur that may result in a delay for a period of 60 days or more of the initiation of the subcontract or in the performance of the Subcontractor, the Contractor shall notify the Agency's Contract Manager and the Agency's Chief Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. In accordance with Section 23.1 of the Master Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such action. The Contractor shall submit a copy of all subcontracts to the Contract Manager within thirty days of the subcontract being executed. 2.1.5 Monitoring the Performance of Subcontractors The Contractor shall monitor at least once per year each of its Subcontractors, Subrecipients, Vendors and /or Consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. The Contractor shall monitor to ensure that time schedules are met, the budget and scope of work are accomplished within the specified time periods and other performance goals stated in this contract are achieved. 2.2 SERVICE TIMES The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs, at a minimum during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. 7 Packet Page -1526- - -- July 2015 to .tune 2016 2.3 DELIVERABLES 9/8/2015 16.D.3. ADI 203.15 2.3.1 Service Unit The Contractor shall ensure the provision of the services described in the contract in accordance with the current DOEA Programs and Services Handbook and the service tasks described in Section 2.1. ATTACHMENT K list the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Area Plan as updated, as shown in ATTACHMENT K, and approved by the Agency. 2.4 REPORTS The Contractor shall respond to additional routine and /or special requests for information and reports required by the Agency in a timely manner as determined by the Contract Manager, The Contractor shall establish reporting due dates for Subcontractors that permit the Contractor to meet the Agency's reporting requirements. 2.4.2 CIRTS The Contractor shall input ADI - specific data into CIRTS. use CIRTS- generated reports which include the following: (1) Client Reports; (2) Monitoring Reports; (3) Services Reports; (4) Miscellaneous Reports; (5) Fiscal Reports; (6) Aging and Disability Resource Center Reports; and (7) Outcome Measurement Reports. To ensure C1RTS data accuracy, the Contractor shall 2.4.4 Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY /FFY 2014- 2015 by September 4, 2015. The Contractor 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 Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, in order to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting them to the Agency. 0 Packet Page -1527- �`� 9/8/2015 16.D.3. July 2015 to June 2016 ADI 203.15 2.5 RECORDS AND DOCUMENTATION 2.5.1 The Contractor shall ensure the collection and maintenance of client and service information on a monthly basis from the CIRTS or any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. 2.5.2 Policies for Data and Software Backup Each Contractor and Subcontractor, among other requirements, must 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 Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. A copy of the backed up data shall be stored in a secure, offsite location. The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with Subcontractors. These policies and procedures shall be made available to the Agency upon request. 2.6 PERFORMANCE SPECIFICATIONS 2.6.1 Outcomes (1) The Contractor shall ensure services provided under this contract are in accordance with the current DOEA Programs and Services Handbook; (2) The Contractor shall timely submit to the Agency all reports described in ATTACHMENT I, SECTION 2.4, REPORTS.; and (3) The Contractor shall timely submit to the Agency all information described in ATTACHMENT I, SECTION 2.5, RECORDS AND DOCUMENTATION. 2.7 CONTRACTOR'S FINANCIAL OBLIGATIONS 2.7.1 Cost Sharing and Co- payments The Contractor must establish annual co- payment goals. The Agency has the option to withhold a portion of the Contractor's request for payment if goals are not met according to the Agency and the Department's co- payment guidelines, in accordance with the current DOEA Programs and Services Handbook, which is incorporated by reference. Co- payments include only the amounts assessed to consumers by the Contractor or the amounts consumers opt to contribute in lieu of an assessed co- payment. The consumer's contribution must be equal to or greater than the assessed co- payment. 2.8 AGENCY RESPONSIBILITIES 2.8.1 Program Guidance and Technical Assistance The Agency will provide the Contractor with guidance and technical assistance as needed to ensure the successful fulfilbnent of the contract by the Contractor. 2.8.2 Contract Monitoring The Agency will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, or an on -site visit. The Agency's determination of acceptable performance shall be conclusive. The Contractor Packet Page -1528- 9/8/2015 16.D.3. July 2015 to June 2016 ADI 203.15 agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring: (1) Desk reviews and analytical reviews; (2) Scheduled, unscheduled and follow -up on -site visits; (3) Client visits; (4) Review of independent auditor's reports; (5) Review of third -party documents and /or evaluation; (6) Review of progress reports; (7) Review of customer satisfaction surveys; (8) Agreed -upon procedures review by an external auditor or consultant; (9) Limited -scope reviews; and (10) Other procedures as deemed necessary. SECTION III: METHOD OF PAYMENT 3.1 GENERAL STATEMENT OF METHOD OF PAYMENT The method of payment for this contract includes advances, and fixed rate for services. Payment may be authorized for all allowable expenditures to complete the tasks identified in the deliverables, as required by the agreement. The Contractor shall consolidate all requests for payment from Subcontractors and expenditure reports that support requests for payment to the Agency on ATTACHMENTS VIII, IX, and X. 3.1.1 Funding Distribution The Contractor agrees to distribute fiords as detailed in the Area Plan update and the Budget Summary, ATTACHMENT VII to this contract. Any changes in the total amounts of funds identified on the Budget Summary require a contract amendment. 3.2 ADVANCE PAYMENTS The Contractor may request up to two months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency by the State of Florida Department of Elder Affairs ( "budget release "). The Contractor shall provide the Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. The Contractor's requests for advances require the approval of the Contract Manager. If sufficient budget is available, the Agency will issue approved advance payments after July 1, 2015. 3.2.1 Advance Recoupment All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number five, in accordance with the Invoice Report Schedule, ATTACHMENT VI to this contract. The Contractor may temporarily place advanced funds in a FDIC insured interest bearing account. All interest earned on advanced funds must be returned to the Agency within thirty (30) days of the end of each quarter of the contract period. 3.3 INVOICE SUBMITTAL AND REQUESTS FOR PAYMENT All Requests For Payment and Receipt and Expenditure Reports submitted to the Agency shall be submitted using ATTACHMENT'S VIII, IX, and X. The Contractor shall include documentation of services provided, the units of services, and the rates for the services provided in conformance with the requirements as described in this Attachment I and Attachment K. 10 Packet Page -1529- July 2015 to June 2016 9/8/2015 16.D.3. ADI 203.15 3.3.1 Payment Requests All Requests for Payment shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests (if /when available) and invoices is ATTACHMENT VI. 3.3.2 Payment Withholding Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved as outlined in Section 26 of the Master Contract. 3.3.3 Date for Final Request for Budget Revisions Final requests for budget revisions or adjustments to contract funds based on expenditures for services provided, must be submitted to the Contract Manager and approved in writing no later than June 25, 2016. Email requests and /or approvals are considered acceptable. 3.3.4 Date for Final Request for Payment The final request for payment is due to the Agency no later than July 25, 2016. 3.4 DOCUMENTATION FOR PAYMENT The Contractor shall maintain documentation to support payment requests that shall be available to the Agency or authorized individuals, such as the Department of Financial Services, upon request. 3.4.1 CIRTS Data Entries for Contractors The Contractor must enter all required data for clients and services in the CIRTS database per the DOEA Programs and Services Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Contractors must enter this data into the CIRTS prior to submitting their requests for payment and expenditure reports to the Agency. The Agency shall establish deadlines for submission to assure compliance with due dates for the requests for payment and expenditure reports that Contractor must submit to the Agency. 3.4.2 Contractors' Monthly CIRTS Reports The Contractor must run monthly CIRTS reports and verify client and service data in CIRTS is accurate. This report must be submitted to the Agency with the monthly request for payment and expenditure report and must be reviewed by the Agency before the Contractor's request for payment and expenditure reports can be approved by the Agency. 3.5 REMEDIES- NONCONFORMING SERVICES The Contractor 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 shall only be delivered to eligible program participants. If the Contractor 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 Contractor's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and /or services. The Agency requires immediate notice of any significant and /or systemic infractions that compromise the quality, security or continuity of services to clients. 3.6 FINANCIAL CONSEQUENCES Contractor shall ensure 100% of the deliverables and service tasks identified in this contract are performed pursuant to contract requirements. If at any time after an initial written notice of deficiency, Contractor is notified by the Agency's Contract Manager that it has failed to correctly, completely, or adequately perform the deliverables or service tasks, Contractor will have 10 days to issue a Corrective Action Plan ( "CAP ") to the Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the 11 Packet Page -1530- July 2015 to June 2016 9/8/2015 16.D.3. AD1 203.15 specified time period. The Agency shall assess a Financial Consequence for Non - Compliance on the Contractor for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also assess a Financial Consequence for failure to timely submit a CAP. 3.6.1 Payment Deduction In the event Contractor fails to correct an identified deficiency within the timeline specified in the CAP, the Agency shall deduct, from the payment for the invoice of the following month, one percent (1 %) of the monthly value of the contract for each day the deficiency is not corrected. If Contractor fails to timely submit a CAP plan, the Agency shall deduct one percent (1 %) of the monthly value of the administrative funds in the contract for each day the CAP is overdue, beginning the 1 lth day after notification by the contract manager of the deficiency. The deduction will be made from the payment for the invoice of the following month. If, or to the extent, there is any conflict between this paragraph and paragraphs 39 and 39.1 of the Master contract, this paragraph shall have precedence. 12 Packet Page -1531- July 2015 to June 2016 FUNDING SUMMARY 9/8/2015 16.D.3. ADI 203.15 ATTACHMENT III 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: I PROGRAM TITLE I FUNDING SOURCE I CFDA I AMOUNT I I TOTAL FEDERAL AWARD I I COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCT4TNC-r RFS01JRCES FOR FEDERAL PROGRAMS PROGRAM TITLE I FUNDING SOURCE I CFDA I AMOUNT I I TOTAL STATE AWARD I so STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Alzheimer's Disease Initiative General Re%,enue;/TSTF Collier 65004 5216,025.00 TOTAL AWARD 5236,025.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FfNANICIAL ASSISTANCE Section 215.97. Fla. Stat. Chapter 691-5, Fla. Admin. Code Packet Page -1532- July 2015 to June 2016 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Legend: INVOICE REPORT SCHEDULE ALZHEIMER'S DISEASE INITIATIVE Based On July Advance* August Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report Final Request for Payment Closeout Report * Advance based on projected cash need. 9/8/2015 16.D.3. ADI 203.15 ATTACHMENT VI Submit to State on This Date July 1 July 1 August 9 September 9 October 9 November 9 December 9 January 9 February 9 March 9 April 9 May 9 June 9 July 9 July 25 August 1 Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July 1 or until the contract with the Agency has been executed and a copy sent to Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to Agency is dependent on the accuracy of the expenditure report. Note # 2: All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number five. The adjustment shall be recorded in Part C, Line 1 of the report (ATTACHMENT IX). Note # 3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency, payment is to accompany the report. z Packet Page -1533- July 2015 to June 2016 ANNUAL BUDGET SUMMARY ALZHEIMER'S DISEASE INITIATIVE PROGRAM for Collier County Board of County Commissioners Allocation Total Total 15 Packet Page -1534- 9/8/2015 16.D.3. ADI 203.15 ATTACHMENT VIT $236,025.00 $236,025.00 July 2015 to June 2016 9/8/2015 16.D.3. ADI 203.15 ATTACHMENT VIII REQUEST FOR PAYMENT ALZHEIMERS DISEASE INITIATIVE PROGRAM RECIPIENT NAME. ADDRESS, PHONE# and FEID# TYPE OF REPORT: TlasRequestPeriod_ PSA # A. PAYI4ENT REQUEST: Report # Regular__ Supplemental Contract# B METHOD OF PAWENT: Cortract Period Advance Reimbursement CERTIFICATION I hereby certilyto the best of myIcnoWedge that this request is complete and correct and conforms with the terms and the purposes of the above contract. Prepared by_ Date: Approved by Date: (1) (2) PART A BUDGETSUMMARY Resorre Model DaYC are TOTAL 1, Approved Contract Amoutt $0.00 WOO $0.00 2 Previous Funds Received for Contract Period 50.00 50.00 S0.00 3. Contract Balance (line 1 minus fine 2) S001) $000 s0 00 4. Previous Funds Requested and Not Received for Contract Period $0,00 $0.00 $0.00 5 Contract Balance line 3 minus line 4) $0.00 $0.00 $0.00 PART B: CONTRACTFUNDS REOUEST 1 Anticipated Cash Needs (1st- 2nd month. Attach Justification) 50.00 50.00 50.00 2. Net E>penditure s For Mw ith 50.00 $0.00 $0.00 (DOEAForm 105Z Part B Line 3) 3. TOTAL $000 50 00 SO-00 PART C: NET FUNDS REQUESTED t. Less Advance Applied 5000 s0.00 50 00 2. Contract Funds are HerebvRequesied for (Part 6, Line 3 50.00 $0.00 $0.00 minus Pat C, Line 1) I i List of Servi ces ! Units/ Rates provided - See attached re port DOEA FOW 1062 Rnssc fla 12 16 Packet Page -1535- July 2015 to June 2016 RECEIPT AND EXPENDITURE REPORT ALZHEIMERS DISEASE INITIATIVE PROGRAM 9/8/2015 16.D.3. ADI 203.15 ATTACHMENT IX PROVIDER NAME, ADDRESS, PHONE #and FEID Program Funding: THIS REPORT PERIOD: From i To _ Respite CONTRACT PERIOD: Model Day Care _ CONTRACT # REPORT # PSA4 CERTIFICATION: I certify to the best of my knowledge and belief that the report is complete and correct and all outlays herein are for purposes set forth in the contract. Prepared by Date' _ Approvedby:_ Date' PART A: BUDGETED INCOME/ RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. State Funds $0.00 $0.00 $0.00 #DIV /O! 2. Program Income $0.00 $0 -00 $0.00 #0IV10! 3. Local Cash Match $0.00 $0.00 $0.00 9DIV101 4. SUBTOTAL CASH RECEIPTS 5. Local In -Kind Match 6. TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIV 101 PART B: EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4 Percent of Budget For This Report Year to Date Approved Budget 1. Administrative Services $0.00 $0.00 50.00 4DIV /01 2. Service Subcontractor(s) $0.00 $0.00 $0.00 #DIV:O! 3. TOTAL EXPENDITURES $0.00 $0.00 $0.00 9DIV10! PART 0: OTHER REVENUE AND EXPENDITURES II. Interest: ill. Advance Recouped I. Program Income (PI) 1. Earned on GR Advance S 1. AD: PI Collected YTD $ 2. Return of GR Advance $ (includes co- payments collected) 3. Other Earned $_ _ PART D: CO- PAYME14TS CURRENT MONTH YEAR -TO -DATE '; Total of Co- payments assessed $_ $ A_ 2. Total of Co- payments collected $_ S I (For Tracking Purposes only) ODEAFORla 10EZ Re•ased EJ251201C 1! Packet Page -1536- July 2015 to June 2016 Cost Reimbursement Summary Contract # Report (invoice) Number: 9/8/2015 16.D.3. AD1203.15 ATTACHIME NT X Budget Number of Category Description units Service Date Amount C 0 m LA C ?E Q TOTAL ADMINISTRATION $0.00 W LR a w TOTAL EXPENSES $0.00 18 Packet Pace -1537- July 2015 to June 2016 SERVICE RATE REPORT DELIVERABLES Case Aide: Collier Case Management: Collier Respite In- Facility: Collier Respite In -Home: Collier Specialized Medical Equipment, Services and Supplies HIGHEST REIMBURSEMENT UNIT RATE $33.88 $60.00 $12.83 $25.67 Packet Page -1S38- L l 9/8/2015 16.b.'i `5 ATTACHMENT K METHOD OF PAYMENTS Fixed Fee / Unit Rate Fixed Fee / Unit Rate Fixed Fee / Unit Rate Fixed Fee / Unit Rate Cost Reimbursement 9/8/2015 16.D.3. Revised August 2007 Attestation Statement Agreement /Contract Number ADI 203.15 Amendment Number I, Stephen Y. Carnell , attest that no changes or revisions have been made to the (Recipient /Contractor representative) content of the above referenced agreement /contract or amendment between the Area Agency on Aging for Southwest Florida and Public Services Department Head (Recipient /Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement /contract content. Signature of Recipient /contractor representative Date Revised August 2007 Packet Page -1539- 4PPIOVed as to forme and legality Assistant County Attorney July 2015 to June 2016 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. HOME CARE FOR THE ELDERLY PROGRAM CONTRACT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9/8/2015 16.D.3. THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. (Agency) and Collier County Board of County Commissioners (Contractor), and collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipient. WITNESSETH THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor of the Agency. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as follows: I. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments, forms, exhibits and references incorporated, which constitute the contract document. 2. Incorporation of Documents within the Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals or desk books and Master Contract number HMO 14, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments. 3. Term of Contract This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2015 or on the date the contract has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty -nine (11:59) P.M., Eastern Standard Time June 30, 2016. 4. Contract Amount The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $49.250.00, or the rate schedule, 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, in accordance with s. 287.058(1)(g), F.S., the Agency may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of finds. Packet Page -1540- July 2015 to June 2016 [Type here] 6. 'Official Pa3,pe and Re rresentativg,,s (Names, Addresses, and Telephone Numbers): 9/8/2015 16.D.3. 7. All Terms and Conditions Included: "Phis contract and its Attachments, I, 111, VI — X. and any exhibits referenced in said attachments, together with any dOCUrnenS incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Palsies. 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. Contractor: COLLIER COUNTY BOARD OF AREA AGENCY ON ACING FOR COUNTY COMMISSIO,.NERS SOUTHWEST FLORIDA, INC. SIGNED BY- NAME: 4 TITI_.E: DATE:—_ I ; Federal Tax ID: 59- 6000558 Fiscal Year Endini-,, Date: 09%30 SIGNED BY: ...; NAME: MARIANNE G LORIN► TITLE: PRESIDENT /CEO DATE: Packet Page -1541- Approved as Eu ioml �Uld is alrty Ass'estant CountyAt&ney The Contractor i s • n n age 1 f his 1 ortr4c name, a show o. page o f Collier County Housing, Human and Veteran Services contract, and mailing address of the official payee to 3339 E Tamiami Trail, Building H a. whom the payment shall be made is: Naples, FL 34112 Kimberly Grant, Director The name of the contact person and street address where Collier County Housing, Human and Veteran b' financial and administrative records are maintained is: 3339 E TamiamiServices BuiIding H Naples, FL 34112 Kimberly Grant, Director The name, address, and telephone number of the Collier- County Housing, Human and Veteran C. representative of the Contractor responsible for Services administration of the program under this contract is: 3339 E Tamiami Trail, Building H Naples, FL 34112 (239) 252 -2273 Tammy Rhoades, VP of Finance d The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc. Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1 100 forms are to be mailed is: North Fort Myers, FL 33903 Marianne Lorini, Executive Director e. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc. Contract Manager for this contract is: 15201 North Cleveland Avenue, Suite l 100 North Fort Myers, FL 33903 239- 652 -6900 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. 7. All Terms and Conditions Included: "Phis contract and its Attachments, I, 111, VI — X. and any exhibits referenced in said attachments, together with any dOCUrnenS incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Palsies. 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. Contractor: COLLIER COUNTY BOARD OF AREA AGENCY ON ACING FOR COUNTY COMMISSIO,.NERS SOUTHWEST FLORIDA, INC. SIGNED BY- NAME: 4 TITI_.E: DATE:—_ I ; Federal Tax ID: 59- 6000558 Fiscal Year Endini-,, Date: 09%30 SIGNED BY: ...; NAME: MARIANNE G LORIN► TITLE: PRESIDENT /CEO DATE: Packet Page -1541- Approved as Eu ioml �Uld is alrty Ass'estant CountyAt&ney July 2015 to June 2016 9/8/2015 16.D.3. INDEX OF ATTACHMENTS ATTACHMENTi ....................... ............................... . .............................. ............................... ATTACHMENTIII ..................................................................................... .............................13 ATTACHMENT VI HOME CARE FOR THE ELDERLY ANNUAL BUDGET AND RATE SUMMARY ............................. 14 ATTACHMENT VII HOME CARE FOR THE ELDERLY INVOICE REPORT SCHEDULE ................. ............................... 15 ATTACHMENT Vill REQUESTFOR PAYMENT' ....................................................................... .............................16 ATTACHMENT IX RECEIPT AND EXPENDITURE REPORT ..... ............................... . ....................... ............................... 17 ATTACHMENT X COST REIMBURSEMENT SUMMARY ................ ....................... . ............ . ................... . ....... ....18 *Attachments 11, IV, and V are included by reference in the Master Contract HMO 14. 3 Packet Page -1542- Juiv 2015 to ]Line 2016 9/8/2015 16.D.3. !Type here] AT'T'ACHMENT I AREA AGENCY ON AGING FOR SOUTH v�EST FLO RIDA, INC. HOME CARE FOR THE ELDERLY PROGRAM SECTION I: SERVICES TO BE PROVIDED 1.1 DEFINITION OF CONTRACT TERMS AND ACRONYMS 1.1.1 Definitions of Acronyms Corrective Action Plan (CAP) Community Care for Disabled Adults (CCDA) Community Care for the Elderly (CCE) Client Information and Registration Tracking System (CIRTS) Department of Children and Families (DCF) Florida Department of Elder Affairs (DOER) Florida Statutes (F.S.) Home Care for Disabled Adults (HCDA) Home Care for the Elderly (HCE) Institutional Care Program (ICP) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) 1.1.2 Program Specific Terms Aging Out: The condition of reaching 60 years of age and being transitioned from DCF Services, CCDA or HCDA services to the Agency's and /or Department's community -based services. Area Plan: A plan developed by the area agency on aging outlining a comprehensive and coordinated service delivery system in its PSA in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Act and Department instructions. The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the area agency on aging enters HCE program specific data in the CIRTS. An update may also include other revisions to the Area Plan as instructed by the Agency and /or Department. Department of Elder Affairs Programs and Services Handbook: An official document of DOEA. Handbook includes program policies, procedures, and standards applicable to agencies which are recipients /providers of DOEA funded programs. An annual update is provided through a Notice of Instruction. Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive living arrangement. Notice of Instruction (NOl): The Department's established method to communicate to the Agency and /or Contractor the requirement to perform a particular task or activity. NOls are located on the Department's website at http:// elderaffairs .state.fl.us /doea /nois.php. C! Packet Page -1543- July 2015 to June 2016 9/8/2015 16.D.3. Summary of'Programs and Services (SOPS): A document produced by the Department and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. 1.2 GENERAL DESCRIPTION 1.2.1 General Statement Area Agencies on Aging may contract with CCE lead agencies or other case management entities for the provision of the HCE program. Approved caregivers receive a Basic Subsidy to reimburse some of their expenses each month for caring for the consumer and may receive a Special Subsidy for other necessary services and essential supplies. Caregivers may be approved for up to three HCE clients in their home. 1.2.2 Home Care for the Elderly Program Mission Statement The I-ICE Program supports family -style living arrangements, on a non -profit basis, as an alternative to nursing homes or other institutional care. Through the program, a caregiver for- 3 or fewer elders, living in a private home, provides basic services of maintenance and supervision, as well as coordinating other necessary specialized services. 1.2.3 Authority The relevant authority governing the HCE program includes: (1) Rule Chapter 581-1-1, Florida Administrative Code; (2) Sections 430.601, 430.602, 430.603, 430.604, 430.605, 430.606, 430.608, F.S.; and (3) The Catalog of State Financial Assistance (CSFA) Number 65.00 1. 1.2.4 Scope of Service The Contractor is responsible for the programmatic, fiscal and operational management of HCE. The program services shall be provided in a manner consistent with and described in the Contractor's Request for Proposal, RFP, and the Agency's current Area Plan as updated, and the current Department of Elder Affairs OEA Programs and Services Handbook, which are incorporated by reference. 1.2.5 Major Program Goals The major goals of the HCE program are to ensure that: (1) Basic Subsidy is provided to the caregiver of each client, and; (2) Special Subsidy is provided when essential to the well -being of the client. 1.3 INDIVIDUALS TO BE SERVED 1.3.1 General Eligibility The HCE program serves elders age 60 and older at risk of placement in a nursing home or other institutional settings who can remain in a family -style setting through the provision of subsidies. 1.3.2 Client Eligibility Clients eligible to receive services under- this contract must: (1) Be 60 years of age or older; (2) Have income no greater than the ICP standard; (3) Meet the ICP asset limitation; Packet Page -1544- July 2015 to June 2016 (4) Be at risk of nursing home placement; 9/8/2015 16.D.3. (5) Have an approved adult caregiver living in the home with them who is willing and able to provide care or assist in arranging for care; and (6) Not be enrolled in a Medicaid capitated long -term care program. 1.3.3 Caregiver Eligibility Caregivers eligible to receive services under this contract must: (1) Be at least 18 years of age; (2) Be capable of providing a family -type living environment; (3) Be a relative or a friend who has been accepted by the client as a surrogate family, or is a responsible adult with whom the client has made an arrangement to provide home care services; (4) Be willing to accept responsibility for the social, physical, and emotional needs of the care recipient; (5) Be physically present and live in the home to provide supervision and to assist in arrangement of services for the client; (6) Maintain the residential dwelling free of conditions that pose an immediate threat to the Iife, safety, health and well -being of the home care client; and (7) Be without record of conviction of abuse, neglect or exploitation of another person. 1.3.4 Targeted Groups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an institution. SECTION 11: MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS To achieve the goals of the I ICE program, the Contractor shall perform or ensure that its Subcontractors perform the following tasks: (1) Client Eligibility Determination; (2) Assessment and Prioritization of Service Delivery for New Clients; (3) Delivery of Services to Eligible Clients; and (4) Monitoring the performance of its Subcontractors. 2.11. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements in ATTACHMENT I, Section 1.3. 2.1.2 Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients for service delivery. It is not the intent of the Agency to remove existing clients from any services in order to serve new clients being assessed and prioritized for service delivery. (1) Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self -care is not possible, there is no capable caregiver, and nursing home placement is likely within a month or very likely within 3 months. (2) Aging Out individuals: Individuals receiving CCD.A and HCDA services through the Department of Children and Families' Adult Services transitioning to community -based services provided through the Agency and /or Department when services are not currently available. 6 Packet Page -1545- July 2015 to June 2016 9/8/2015 16.D.3. (3) Service priority for individuals not included in (1) and (2) above, regardless of referral source, will be determined through the Agency's functional assessment administered to each applicant, to the extent funding is available. The Contractor shall ensure that first priority is given to applicants at the higher levels of 11'ailty and risk of nursing home placement. 2.1.3 Delivery of Services to Eligible Clients The Contractor shall ensure the provision of a continuum of services that meet the diverse needs of the functionally impaired elders and their caregivers. The Contractor shall ensure Basic Subsidy and Special Subsidy services are performed in accordance with the current Department of Elder Affairs Programs and Services Handbook. 2.1.3.1 Basic Subsidy The Basic Subsidy is a cash payment made to an approved caregiver each month to reimburse some expenses incurred in caring for the client. The Basic Subsidy is provided for support and maintenance of the care recipient, including housing, food, clothing, and medical costs not covered by Medicaid, Medicare or any other insurance. A Basic Subsidy shall be paid to approved caregivers when the client is in the home for any part of the month. If the client is hospitalized or in any other- temporary institution for 30 days or less, the full Basic Subsidy shall be provided to the caregiver as if the client were in the home. 2.1.3.1.1 Calculating the Basic Subsidy The Basic Subsidy shall be based on the financial status of the client receiving care. In the event that both a husband and wife are clients, their combined financial status shall be used to determine the amount of the Basic Subsidy. The Contractor shall ensure the Basic Subsidy is calculated in accordance with the current DOEA Programs and Services Handbook. 2.1.3.2 Special Subsidy Services Though every eligible HCE client receives a Basic Subsidy, Special Subsidy payments are pre - authorized and are based on additional specialized medical or health care services, supplies or equipment needed to maintain the health and well -being of the individual elder. The Special Subsidy for additional medical support and special services is a cash payment to reimburse the costs of any other service or special care not covered by Medicaid, Medicare, or private insurance when these services are determined to be essential to maintain the well -being of the home care recipient. A Special Subsidy shall be paid to the approved caregivers when the client is in the home for any part of the month. Special Subsidy Services may be authorized through a vendor agreement. All Special Subsidy services must be performed in accordance with the Department of Eider Affairs Programs and Services Handbook. Special Subsidy services include; Service Unit of Service Adult Day Care 1- lousing Improvement Hour Adult Day Health Care Occupational Caregiver Training /Support Therapy Other i Chore Outreach Chore (Enhanced) Personal Care Counseling (Gerontological) Physical Counseling (Mental Therapy Health /Screening) Respite (Facility Based or h1 -Home) Home Health Aide Service Skilled Nursing Services Speech Homemaker Therapy I Home Delivered Meals Meal Material Aid Episode Other Specialized Medical Equipment, Services and Supplies Transportation One -Way Trip 7 Packet Page -1546- July 2015 to June 2016 9/8/2015 16.D.3. 2.1.3.3 Access to and Coordination of Services The Contractor shall ensure, through case management and case aide services, that the HCE clients' needs are documented and needed services are planned, arranged and coordinated for the client and caregiver. 2.1.4 Use of Subcontractors If this contract involves the use of a Subcontractor or a third party, then the Contractor shall not delay the implementation of its agreement with the Subcontractor. If any circumstances occur that may result in a delay for a period of 60 days or more of the initiation of the subcontract or in the performance of the Subcontractor, the Contractor shall notify the Contract Manager and the Agency's Chief Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. In accordance with Section 23.1 of the Master Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such action. The Contractor shall submit a copy of all subcontracts to the Contract Manager within thirty days of the subcontract being executed. 2.1.5 Monitoring the Performance of Subcontractors The Contractor shall monitor at least once per year each of its Subcontractors, Subrecipients, Vendors and /or Consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal Iaws and regulations. The Contractor shall monitor to ensure that time schedules are met, the budget and scope of work are accomplished within the specified time periods, and other performance goals stated in this contract are achieved. 2.2 SERVICE TIMES 2.2.1 Service Times The Contractor shall ensure the availability of the services listed in this contract at times appropriate to meet client service needs, at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. 2.3 DELIVERABLES 23.1 Service Unit The Contractor shall ensure the provision of the services described in the contract, and the service tasks described in Section 2.1, are in accordance with the current Department of Elder Affairs Programs and Services Handbook. ATTACHMENT VI- lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Area Plan as updated and shown in ATTACHMENT VI and approved by the Agency. 2.4 REPORTS The Contractor shall respond to additional routine and /or special requests for information and reports required by the Agency in a timely manner as determined by the Contract Manager, The Contractor shall establish reporting due dates for Subcontractors that permit the Contractor to meet the Agency's reporting requirements. 2.4.1 Area Plan Update and All Revisions Thereto The Agency is required to submit an annual Area Plan update wherein the Agency enters HCE- specific data in the CIRTS. The Contractor may also be required to submit revisions to the Area Plan as instructed by the Agency and /or Department. E. Packet Page -1547- auly 2015 to .tune 2016 9/8/2015 16.D.3. 2.4.2 CIRTS Reports The Contractor shall input FICE- specific data into CIRTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following: (1) Client Reports; (2) Monitoring Reports, (3) Services Reports; (4) Miscellaneous Reports; (5) Fiscal Reports; (6) Aging and Disability Resource Center Reports; and (7) Outcome Measurement Reports. 2.4.3 Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY /FFY 2014- 2015 by September 04, 2015. The Contractor 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, Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, in order to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting them to the Agency. 2.5 RECORDS A.1\iD DOCUMENTATION The Contractor shall ensure the collection and maintenance of client and service information, on a monthly basis, from the CIRTS or any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. 2.5.1 Policies for Data and Software Backup The Contractor and each Subcontractor, among other requirements, must 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 Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. A copy of the backed up data shall be stored in a secure, offsite location. The Contractor shall maintain written policies and procedures for computer system backup and recovery, and shall have the same requirement in its contracts and /or agreements with Subcontractors. These policies and procedures shall be made available to the Agency upon request. 2.6 PERFORMANCE SPECK; ]CATIONS 2.6.1 Outcomes (1) The Contractor shall ensure services provided under this contract are in accordance with the current DOEA Programs and Services l-landbook: (2) The Contractor shall timely submit to the Agency all reports described in ATTACHMENT I. SECTION 2.4, REPORTS; and (3) The Contractor shall timely submit to the Agency all information described in ATTACHMENT I, SECTION 2.5. RECORDS AND DOCUMENTATION. 2.7 CONTRACTOR'S FINANCIAL OBLIGATIONS Packet Page -1548- Ju1v 2015 to June 2016 9/8/2015 16.D.3. Subsidy payments for each client and for the prograrn must be maintained within the amount of prog7am funding available. 2.85 AGENCY RESPONSIBILITIES 2.8.1 Program Guidance and Technical Assistance The Agency will provide to the Contractor guidance and technical assistance, as needed, to ensure the successful fulfillment of the contract by the Contractor. 2.5.2 Contract Monitoring The Agency will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, or an onsite visit. The Agency's determination of acceptable performance shall be conclusive. The Contractor a`:rees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring: (1) Desk reviews and analytical reviews; (2) Scheduled, unscheduled and follow -up on -site visits; (3) Client visits; (4) Review of independent auditor's reports; (5) Review of third -party documents and /or evaluation; (6) Review of progress reports; (7) Review of customer satisfaction surveys; (8) Agreed -upon procedures review by an external auditor or consultant; (9) l.,imited -scope reviews; and (10) Other procedures as deemed necessary. SECTION III: METHOD OF PAYMENT 3.1 GENERAL STATEMENT OF METHOD OF PAYMENT The method of payment for this contract includes advances and fixed rates for services. Payment may be authorized for all allowable expenditures to complete the tasks identified in the deliverables, as required by the ag7eement. The Contractor shall consolidate all requests for payment from Subcontractors and Expenditure Reports that support requests for payment and shall submit to the Agency on ATTACHMENT VIII, ATTACHMENT Iii, and ATTACHMENT X. 31.1 Fundinb Distribution Tile Contractor agrees to distribute funds as detailed in the Area Plan update and ATTACHMENT VI. To request a budget Line item change between the budget categories of Case Management and Subsidies, the Contractor must submit the request in writing with a revised contract budget and receive written approval from the Agency's Contract Manager. Any - changes in the total amounts of the funds identified on the ATTACHMENT VI form require a contract amendment. 3.2 AllVANCE PAYMENTS The Contractor may request up to two months of advances at the start of the contract period to cover service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency and /or Deparhmnt'by the State of Florida ( "budget release "). The Contractor shall provide the Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. The Contractor's requests for advances require the approval of the Contract Manager. If sufficient budL,et is available. the Agency will issue approved advance payments after July 1. 2015. 10 Packet Page -1549- July 2015 to June 2016 9/8/2015 16.D.3. 3.2.1 Advance Recoupment All advance payments made to the Contractor shall be returned to the Agency as follows: one -tenth of the advance payment received shall be reported as advance recoupnent on each request for payment, starting with report number 5, in accordance with ATTACHMENT VII to this contract. The Contractor- may temporarily place advanced funds into an FDIC insured interest bearing account. All interest earned on advanced funds must be returned to the Agency witI-rin 30 days of the end of each quarter of the contract period. 3.3 INVOICE SUBMITTAL AND REQUESTS FOR PAYMENT All Requests For Payment and Receipt and Expenditure Reports submitted to the Agency shall be submitted using ATTACHMENT VIII, ATTACHMENT IX and Cost Reimbursement Summary (ATTACHMENT X). The Contractor shall include documentation of services provided, unit of services, and the rates for the services provided in conformance with the requirements as described in this ATTACHMENT I. 3.3.1 Payment Requests All payment requests shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests and invoices is ATTACHMENT VII to this contract. 3.3.2 Payment Withholding Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved as outlined in section 26 of Master Contract. 3.3.3 Date For Final Request For Budget Revisions Final requests for budget revisions or adjustments to contract funds based on expenditures for services, must be submitted to the Contract Manager no later than June 25, 2016. 3.3.4 Date for Final Request for Payment The final request for payment is due to the Agency no later than August 1, 2016, 3.4 DOCUMENTATION FOR PAYMENT The Contractor shall maintain documentation to support payment requests that shall be available to the Agency, or authorized individuals, such as Department of Financial Services, upon request. 3.4.1 HCE Subsidy Data Entries Schedule The Contractor must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the L6th of the previous month and the 15th of the current month. Case management data entered into the CIRTS by the 9th of the month shall be for units of service provided during the previous month from the I st and up to and including the last day of the previous month or case management units of service may be entered according to the Contractor schedule, in aggregate on the 31st or daily, weekly or monthly. The Contractor shall ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is generated. The Contractor shall ensure the Monthly Utilization Report by consumer and by worker identification is verified, corrected, and certified no later than the 20th of the month in which the Report is generated. 3.4.2 CIRTS Data Entries for Contractors The Agency must require Contractors to enter, all required data per the Agency's and/or Department's CIRTS Policy Guidelines for clients and services in the CIRTS database. The data must be entered into the CIRTS before the Contractors submit their request for payment and expenditure reports to the Agency. The Agency shalt establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the Agency and /or Department along with copies of receipts /services over $150. Packet Page -15S0- July 2015 to June 20t6 9/8/2015 16.D.3. 3.4.3 Contractors' Monthly CIRTS Reports The Agency must require Contractors to run monthly CIRTS Reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the Agency with the monthly request for payment and expenditure report and must be reviewed by the Agency before the Contractor's request for payment and expenditure reports- can be approved by the Agency. 3.5 REMEDIES FOR NONCONFORMING SERVICES The Contractor 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 shall only be delivered to eligible program participants. If the Contractor 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 Contractor's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and /or services. The Agency requires immediate notice of any significant and /or systemic infractions that compromise the quality, security or continuity of services to clients. 3.6 FINANCIAL CONSEQUENCES Contractor shall ensure 100% of the deliverables and service tasks identified in this contract are performed pursuant to contract requirements. If at any time after an initial written notice of deficiency, Contractor is notified by the Agency's Contract Manager that it has failed to correctly, completely, or adequately perform the deliverables or service tasks, Contractor will have 10 days to issue a Corrective Action Plan ("CAP ") to the Agency's Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the specified time period. The Agency shall assess a financial Consequence for Non - Compliance on the Contractor for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also assess a Financial Consequence for failure to timely submit a CAP. 3.6.1 Payment Deduction In the event Contractor fails to correct an identified deficiency within the tirneline specified in the CAP, the Agency shall deduct, from the payment for the invoice of the following month, 1 % of the monthly value of the contract for each day the deficiency is not corrected. If Contractor fails to timely submit a CAP plan, the Agency shall deduct 1% of the monthly value of the administrative funds in the contract for each day the CAP is overdue, beginning the I lth day after notification by the contract manager of the deficiency. The deduction will be made from the payment for the invoice of the following month. If, or to the extent, there is any conflict between this paragraph and paragraphs 39 and 39.1 of the Master contract, this paragraph shall have precedence. 12 Packet Page -1551- July 2015 to June 2016 9/8/2015 16.D.3. ATTACHMENT III 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: 11TATC'HING RF:SOURC ES FOR FF.IIF.RAI, PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD $0 STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT I -tome Care for the Elderly General Revenue - Collier 65.001 $49,250.00 TOTAL AWARD 549,250.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAAL ASSISTANCE Section 21597, Fla. Stat. Chapter 691 -5, Fla. Admin. Code 13 Packet Page -1552- July 2015 to June 2016 9/8/2015 16.D.3. ATTACHMENT VI HOME CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY Collier County Board of County Commissioners Collier HCE Case Management/Case Aide $ 3805.00 HCE Basic and Special Subsidies 45,445.00 Total $ 49,250.00 RATE SUMMARY Collier County Board of County Commissioners Collier SERVICES REIMBURSEMENT RATE Collier Case Management $60.00 Case Aide $33.88 14 Packet Page -1553- July 2015 to June 2016 Report Number 2 7 8 9 10 11 12 13 14 15 16 HOME CARE FOR THE ELDERLY INVOICE REPORT SCHEDULE Based On July Advance* August Advance* Monthly Utilization Report (7/1 -7/15) July Expenditure Reports (105 & 106) Monthly Utilization Report (7/16 -8/15) August Expenditure Report (105 & 106) Monthly Utilization Report (8/16 -9/15) September Expenditure Report (105 & 106) Monthly Utilization Report (9/16 - 10/15) October Expenditure Report (105 & 106) Monthly Utilization Report (10/16 - 11/15) November Expenditure Report (105 & 106) Monthly Utilization Report (11/16 -12/15 December Expenditure Report (105 & 106) Monthly Utilization Report (12/16 -1/15) January Expenditure Report (105 & 106) Monthly Utilization Report (1/16 -2/15) February Expenditure Report (105 & 106) Monthly Utilization Report (2/16 -3/15) March Expenditure Report (105 & 106) Monthly Utilization Report (3/16 -4/15) April Expenditure Report (105 & 106) Monthly Utilization Report (4/16 -5/15) May Expenditure Report (105 & 106) Monthly Utilization Report (5/16 -6/15) June Expenditure Report (105 & 106) Monthly Utilization Report (6/15 -6/30) Final Expenditure Report (105 & 106) Closeout Report (105 & 106) Legend: * Advance based on projected cash need. 9/8/2015 16.D.3. ATTACHMENT VII Submit to Agency on this Date July 1 July 1 July 20 August 9 August 20 September 9 September 20 October 9 October 20 November 9 November 20 December 9 December 20 January 9 January 20 February 9 February 20 March 9 March 20 Apri 19 April 20 May 9 May 20 June 9 June 20 July 9 July 20 August 1 August 15 Note # 1: Repoii #I for Advance Basis Contracts cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July I or until the contract with the Agency has been executed and a copy sent to the Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to the Agency is dependent on the of the expenditure report. Note 4 2: All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number f ve. The ad_}ustment shall be recorded in Part C, Line 1 of the report (ATTACHMENT IX). Note 43: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency, payment is to accompany the report. 15 Packet Page -1554- July 2015 to June 2016 REQUEST FOR PAYMENT HOME CARE FOR THE ELDERLY PROGRAM 9/8/2015 16.D.3. ATTACHMENT V11I RECIPIENT NAME, ADDRESS, PHONE# and FEID# TYPE OF PAYMENT: This Request Period: From: To: Contract Period Regular Contract # Advance Report# PSA # CERTIFICATION: I hereby certify to the best of my knowledge that this request is complete and correct and conforms with the terms and the purposes of the above contract. Prepared try: Dale'. Approved by Date: PART A BUDGET SUMMARY AAAAdmin. Case Management Subsides TOTAL 1. Approved Contract Amount $0.00 $0.00 $0.00 $0.00 2, Previous Funds Received for Contract Period, $0.00 $0.00 $0.00 $0.00 3. Contract Balance (fine 1 minus fine 2) $0.00 $0.00 $0.00 $0.00 4. previous Funds Requested and Not Received for Contract Period $0.D0 $D.00 $0.00 $0.00 5. CONTRACT BALANCE (line 3 minus lino t) $0.00 $0.00 $0.00 $0.00 PART B: CONTRACT FUNDS REQUEST 1. Anticipated Cash Need (1st - 2nd months) $0.00 $0.00 $0.00 $0.00 2. Net Expenditures For Month $0.00 $0.00 $0.00 $0.00 (DOER Form 105H, Part B, Line 4) 3. TOTAL $0.00 $0.00 $0.00 $0.00 PART C: NET FU14DS REQUESTED 1. Less Advance Applied $0.00 $0.00 $0.00 $0.00 2. TOTAL FUNDS REQUESTED (Part B Line 3, minus Pad C Line 1) $0.00 $0 AO $0.00 $0.00 List o!Sewicas / Units 1 Rates provided - See attached report. DOLAa OHM 113,61-1 Pav:;ed 5!411? 16 Packet Page -1555- July 201 5 to June 2016 RECEIPT AND EXPENDITURE REPORT HOME CARE FOR THE ELDERLY PROGRAM 9/8/2015 16.D.3. ATTACHMENT IX PROVIDER NAME, ADDRESS, PHONE # and FEID# Program Funding: THIS REPORT PERIOD: From To AAA Admin. CONTRACT PERIOD: Case Management CONTRACT # Subsidies: REPORT # Basic Special PSA# CERTIFICATION : I certify to the best of my knowledge and belief that the report is complete and correct and all outlays herein are for purposes set forth in the contract. Prepared by : Bete : Apprwed by: Date PART A: BUDGETED INCOME / RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Bud et 1. State Funds $0.00 SD.00 $0.00 #DIV/D! 2. TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIV /D! PART B: EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget $0.00 $0.00 $0.00 #DIV /0! 1. AAA Program Administration 2. Service Subcontractors: Case Management $0.00 $0.00 $0.00 #DIV /01 3. Service Subcontractors: Subsidy $0 OD $0.00 $0.00 #DIV /01 a. Basic Subsidy $0,00 $0.00 $0.00 #DIV /0! b. Special Subsidy $0.00 $0.00 $0.00 #DIV/01 4. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV101 PART C : OTHER REVENUE AND EXPENDITURES I. Interest: II. Advance Recoupment I. Earned on GR Advance 2. Return of GR Advance $ 1. Advance Recouped $ 3, Other Earned $ DOEA FORM 105H Revised 5r2512010 17 Packet Page -1556- July 2015 to June 2016 Cost Reimbursement Summary Contract # Report (invoice) Number: 9/8/2015 16.D.3. n� r; /-w. ATTACHMENT X 18 Packet Page -1557- 9/8/2015 16.D.3. Revised August 2007 Attestation Statement Agreement /Contract Number HCE 203.15 Amendment Dumber 1, Stenhen Y C'arnell _, attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement /contract or amendment between the Area Agency on Aging for Southwest Florida and Public Services Department Head (Recipient /Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement /contract content. Signature of Recipient /Contractortrepresentative Revised August 2007 Packet Page -1558- Date Approved as to form and legality Assistant County Attorney