The URL can be used to link to this page

Agenda 07/09/2019 Item #16D 8 (CCE, ADI & HCE Amendments & Attestation Statements)07/09/2019 EXECUTIVE SUMMARY Recommendation to approve after-the-fact contract Amendments and Attestation Statements between the Area Agency on Aging for Southwest Florida, Inc. and Collier County Services for Seniors to extend the Community Care for the Elderly, Alzheimer’s Disease and Home Care for the Elderly Programs grant period for sixty (60) days or until a new 2019 contract is executed and to authorize Budget Amendments to recognize increases for Community Care for the Elderly and Alzheimer’s Disease Co-Pay Goals for FY 2018/2019. OBJECTIVE: Provide uninterrupted support services to Collier County Services for Seniors’ (CCSS) frail, elderly clients. CONSIDERATIONS: The Community Care for the Elderly (CCE), Alzheimer Disease Initiative (ADI), and Home Care for the Elderly (HCE) Programs are federal program initiatives that provide assistance to older persons and caregivers and are the only federally funded support service programs directed solely toward improving the lives of older people. Collier County receives these funds through the Florida Department of Elder Affairs and administered by the Area Agency on Aging for Southwest Florida, Inc. (AASWFL). The current Standard Contract for these programs was approved by the Board of County Commissioners (Board) on September 25, 2018, (Agenda Item #16D2) and has an expiration date of June 30, 2019. Historically, during June, the County’s Services for Seniors Program receives an amendment extending the expiration date for the upcoming grant cycle. The amendment r eceived this year extends the existing grant agreement for sixty (60) days, or until a new agreement is executed, whichever comes first. This Item is being presented after-the-fact because Collier County received the contract extension request on June 13, 2019, from the grantor agency and is required to return it within thirty (30) days. This time frame makes it impossible to process the document for the Board’s consideration. Pursuant to CMA# 5330 and Resolution No. 2018-202, the County Manager authorized the Public Services Department Head to sign the agreement. This Amendment is being presented for Board ratification. Collier County, as the Lead Agency, is responsible for responding to seniors’ needs and to manage the spending authority for the Federal and State Funded Services for Seniors programs. CCSS is also responsible for the collection of client co-payments for the CCE and ADI Grants, with a specified collection goal established by Community and Human Services Division (CHS) and approved by AAASWFL. FY18-19 CCE and ADI co-payment goals require final adjustments to the Co-payment budgets. The CCE co-payments are used to offset the local matching requirements. The following table provides a detailed breakdown of the FY 18-19 copayment budget by grant: Program Project Actual Co- Payment Budget Estimated Budget Increase / (Decrease) CCE Co-Payment Budget FY 18-19 33561 $25,798.61 $28,498.61 $2,700 ADI Co-Payment Budget FY 18-19 33559 $12,006.36 $15,006.36 $3,000 Total $5,700 FISCAL IMPACT: Funding from the Department of Elder Affairs via the Area Agency on Aging under the 2018 grant award is available in Human Services Grant Fund (707), Projects 33560 (CCE), 33558 (ADI), and 33562 (HCE). Budget Amendments are also required to increase the co-pays goals for CCE 16.D.8 Packet Pg. 1440 07/09/2019 (33561) by $2,700 and ADI (33559) by $3,000. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: The underlying Agreement expressly contemplates an extension by mutual assent of the parties. This Item is approved for form and legality and requires s majority vote for approval. - JAB RECOMMENDATION: To approve after-the-fact contract Amendments and Attestation Statements between the Area Agency on Aging for Southwest Florida, Inc. and Collier County Services for Seniors to extend the Community Care for the Elderly, Alzheimer’s Disease and Home Care for the Elderly Programs grant period for sixty (60) days or until a new 2019 contract is executed and to authorize Budget Amendments to recognize increases for Community Care for the Elderly and Alzheimer’s Disease Co-Pay Goals for FY 2018/2019 (Net Fiscal Impact $5,700). Prepared By: Wendy Klopf, Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. AAA ADI 203.18.004 60 days Executed (PDF) 2. AAA CCE 203.18.003 60 days Executed (PDF) 3. AAA HCE 203.18.004 60 days Executed (PDF) 4. (LINKED)AAA ADI 203.18 Agreement Executed (PDF) 5. AAA ADI 203.18.001 Executed (PDF) 6. AAA ADI 203.18.002 Executed (PDF) 7. AAA ADI 203.18.003 Executed (PDF) 8. (LINKED)AAA CCE 203.18 Agreement Executed (PDF) 9. AAA CCE 203.18.001 (PDF) 10. AAA CCE 203.18.002 (PDF) 11. (LINKED) AAA HCE 203.18 Agreement Executed (PDF) 12. AAA HCE 203.18.001 Executed (PDF) 13. AAA HCE 203.18.003 Executed (PDF) 14. AAA HCE 203.18.002 Executed (PDF) 15. Resolution 2018-202 (PDF) 16.D.8 Packet Pg. 1441 07/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.8 Doc ID: 9365 Item Summary: Recommendation to approve after-the-fact contract Amendments and Attestation Statements between the Area Agency on Aging for Southwest Florida, Inc. and Collier County Services for Seniors to extend the Community Care for the Elderly, Alzheimer’s Disease and Home Care for the Elderly Programs grant period for sixty (60) days or until a new 2019 contract is executed and to authorize Budget Amendments to recognize increases for Community Care for the Elderly and Alzheimer’s Disease Co-Pay Goals for FY 2018/2019. Meeting Date: 07/09/2019 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 06/18/2019 2:12 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 06/18/2019 2:12 PM Approved By: Review: Community & Human Services Dora Carrillo Additional Reviewer Completed 06/18/2019 2:29 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/18/2019 3:37 PM Community & Human Services Kristi Sonntag CHS Review Completed 06/19/2019 3:20 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 06/21/2019 9:03 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/21/2019 10:13 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/24/2019 7:32 AM Grants Erica Robinson Level 2 Grants Review Completed 06/24/2019 10:55 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/25/2019 2:51 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/26/2019 1:29 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/26/2019 2:22 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/27/2019 1:11 PM Grants Therese Stanley Additional Reviewer Completed 06/27/2019 1:33 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/27/2019 1:56 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM 16.D.8 Packet Pg. 1442 16.D.8.aPacket Pg. 1443Attachment: AAA ADI 203.18.004 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.aPacket Pg. 1444Attachment: AAA ADI 203.18.004 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.aPacket Pg. 1445Attachment: AAA ADI 203.18.004 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.bPacket Pg. 1446Attachment: AAA CCE 203.18.003 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.bPacket Pg. 1447Attachment: AAA CCE 203.18.003 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.bPacket Pg. 1448Attachment: AAA CCE 203.18.003 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.cPacket Pg. 1449Attachment: AAA HCE 203.18.004 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.cPacket Pg. 1450Attachment: AAA HCE 203.18.004 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.cPacket Pg. 1451Attachment: AAA HCE 203.18.004 60 days Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.e Packet Pg. 1452 Attachment: AAA ADI 203.18.001 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.e Packet Pg. 1453 Attachment: AAA ADI 203.18.001 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.fPacket Pg. 1454Attachment: AAA ADI 203.18.002 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.fPacket Pg. 1455Attachment: AAA ADI 203.18.002 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.fPacket Pg. 1456Attachment: AAA ADI 203.18.002 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.fPacket Pg. 1457Attachment: AAA ADI 203.18.002 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.gPacket Pg. 1458Attachment: AAA ADI 203.18.003 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.gPacket Pg. 1459Attachment: AAA ADI 203.18.003 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.gPacket Pg. 1460Attachment: AAA ADI 203.18.003 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.iPacket Pg. 1461Attachment: AAA CCE 203.18.001 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.iPacket Pg. 1462Attachment: AAA CCE 203.18.001 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.iPacket Pg. 1463Attachment: AAA CCE 203.18.001 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.jPacket Pg. 1464Attachment: AAA CCE 203.18.002 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.jPacket Pg. 1465Attachment: AAA CCE 203.18.002 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.jPacket Pg. 1466Attachment: AAA CCE 203.18.002 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.jPacket Pg. 1467Attachment: AAA CCE 203.18.002 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.lPacket Pg. 1468Attachment: AAA HCE 203.18.001 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.lPacket Pg. 1469Attachment: AAA HCE 203.18.001 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.mPacket Pg. 1470Attachment: AAA HCE 203.18.003 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.mPacket Pg. 1471Attachment: AAA HCE 203.18.003 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.mPacket Pg. 1472Attachment: AAA HCE 203.18.003 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.mPacket Pg. 1473Attachment: AAA HCE 203.18.003 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.n Packet Pg. 1474 Attachment: AAA HCE 203.18.002 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.n Packet Pg. 1475 Attachment: AAA HCE 203.18.002 Executed (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.o Packet Pg. 1476 Attachment: Resolution 2018-202 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) 16.D.8.o Packet Pg. 1477 Attachment: Resolution 2018-202 (9365 : AAA-FY 18 ADI/CCE/HCE Contract Extension) r It July 2018 to June 2019 ADI 203.18 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ALZHEIMER'S DISEASE INITIATIVE PROGRAM STANDARD CONTRACT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS CONTRACT is entered into between Area Agency on Aging for Southwest Florida, Inc. (Agency) and Collier County Board of County Commissioners. (Contractor), 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 and exhibits, 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, 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, 2018 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, 2019. 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 $403,000.00 subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. By mutual agreement of the Parties, in accordance with Section 287.058(1)(g), Florida Statutes (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. 6. Comnliance with Federal Law: 6.1 If this contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations (CFR) 75 and/or 45 CFR Part 92, 2 CFR Part 200 and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act as amended (42 United States Code (U.S.C.) 7401, et seq.), Section 508 of the Federal Water Pollution Control Act as July 2018 to June 2019 ADI 203.18 amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations of the above to the Agency. 6.1.3 The Contractor, or agent acting for the Contractor, may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any state legislature. The Contractor must complete all disclosure forms as required,specifically the Certification and Assurances Attachment, which must be completed and returned to the Contract Manager prior to the execution of this contract. 6.1.4 In accordance with Appendix II to 2 CFR Part 200, 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 regulations 41 CFR Part 60 and in Department of Health and Human Services regulations 45 CFR Part 92, if applicable. 6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards 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 this contract. The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execution of this contract. 6.2 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. 1101). Such violation will be cause for unilateral cancellation of this contract by the Agency. 6.3 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. 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR §170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR Part 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 11-116, 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 term. Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state contract utilize the E -verify system to verify employment of all new employees hired by the Subcontractor during the contract term. Contractors meeting the terms and conditions of the E -Verify System are deemed to be in compliance with this provision. 7. Compliance with State Law: 7.1 This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws. 7.2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, F.S., and Section 215.971, F.S., and expenditures must be in compliance with laws, rules, and regulations, including, but not limited to, the Reference Guide for State Expenditures. 7.3 The Contractor shall comply with the requirements of Section 287.058, F.S. as amended. 7.3.1 The Contractor shall perform all tasks contained in Attachment I. 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the contract manager prior to payment. July 2018 to lune 2019 ADI 203.18 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment I, Section III. Method of Payment. 7.3.4 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. 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit bills for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided in this contract. 7.3.6 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 this 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 for which the Agency may unilaterally terminate this contract. 7.4 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427, F.S., and Rule Chapter 41-2, Florida Administrative Code (F.A.C). 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134, F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 7.7 In accordance with Section 287.135 F.S., any Contractor on the Scrutinized Companies with Activities in Sudan List, _the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List (Lists), created pursuant to Section 215.473 F.S. and 215.4725, F.S., or is engaged in a boycott of Israel, or is engaged in business operations in Cuba or Syria, is ineligible to enter into or renew a contract with the Agency for goods or services of $1,000,000 or more. Pursuant to Section 287.135 F.S., the Agency may terminate this contract if the Contractor is found to have submitted a false certification of its status on the Lists or has been placed on the Lists or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria. Further, the Contractor is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false certification. The Contractor shall complete and sign the Certifications and Assurances Attachment, prior to the execution of this contract. 8. Background S r nen : The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons who meet the definition of a direct service provider and who are not exempt from the Departments level 2 background screening pursuant to Section 430.0402(2) - (3), F.S. The Contractor must also comply with any applicable rules promulgated by the Agency and the Agency for Health Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision, Contractor shall submit to the Agency, the Background Screening Affidavit of Compliance (Screening Form) upon thirty (30) days of execution of this contract. Should the Agency have a completed Screening Form on file for the Contractor, a new Screening Form will be required every twelve (12) months. 8.1 Further information concerning the procedures for background screening may be found at http://eideraffairs.state.fl.us/doea/backyroundscreeniniz.php. 9. Grievance Procedures: The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor's determination(s). Lks Wn i =1W.sii :.• •i..ii. 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the Agency to perform the contracted services. Leal July 2018 to June 2019 ADI 203.18 10.1.2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Agency. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the Agency, all public records in possession of the Contractor, or will keep and maintain public records required by the Agency. If the Contractor transfers all public records to the Agency upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 10.2 The Agency may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 239-652-6900 or 866-413-5337 11. Audits. Ingpections. investiga inns: 11.1 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 this contract. Contractor shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information should be related to performance and unit cost data. 11.2 The Contractor shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the Agency. 11.3 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. 11.4 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. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Agency and federal auditors, pursuant to 45 CFR Part 75, will be allowed full access to and the right to examine any of the N July 2018 to June 2019 ADI 203.18 Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11.6 The Contractor shall provide a Financial and Compliance Audit Attachment to the Agency as specified in this contract and ensure that all related third -party transactions are disclosed to the auditor. 11.7 Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or hearing performed pursuant to Section 20.055, Florida Statutes. Contractor further agrees that it shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to this contract agree to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to Section 20.055(5), F.S. By execution of this contract the Contractor understands and will comply with this subsection. 12. Nondiscrimination -Civil Rights Co fiance: 12.1 The Contractor shall execute Assurances as stated in the Assurances -Non -Construction Programs Attachment that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion, color, disability, national origin, marital status or sex in compliance with state and federal law and regulations. The Contractor further assures that all Contractors, Subcontractors, Sub -grantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures will include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the 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. 13. Monitoring by the 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 this contract, and to interview any clients, employees, and Subcontractor employees of the Contractor to assure the Agency of the satisfactory performance ofthe terms and conditions ofthis contract. 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 determined by the Agency's Contract Manager. 14. Provision of Services: The Contractor shall provide services in the manner described in Attachment I. 2 July 2018 to June 2019 Umm 1=0 I 1: r7l I 1l r1rinn, w1rX.,71 111111 i• • i ADI 203.18 If the Contractor receives funding from one or more State of Florida human service agencies, in addition to the Agency or Department of Elder Affairs, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of this contract, and pursuant to Section 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, and/or investigators. 16. Indemnification: 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 contract 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 negligence of the Agency. 16.1 Except to the extent permitted by Section 768.28, F.S., or other Florida law, this section 16 is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768.28(2), F.S. 17. Insurance and BondinLn 17.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full 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 contract. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract. The Contractor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of this contract. 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 this contract. 17.2 Throughout the term of this contract, 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 agreements and/or contracts incorporating this 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. 18. Confidentiality of information: The Contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. i'I m=11 rismumm 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 Parts 160, 162, and 164). 20. Incident Renortine: 20.1 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 Contractors or Subcontractors ability to perform the services required to be performed under this contract. Such notice shall be made orally to the Agency's Contract Manager (by telephone) with an email to immediately follow. July 2018 to June 2019 ADI 203.18 20.2 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. The Contractor shall notify the Agency within ten (10) days of entering into a new contract with any of the remaining four (4) state human service agencies. The notification shall include the following information: (1) contracting state agency and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) contract description and commodity or service; (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the Contractor shall complete the Provider's State Contracts List, ask Area Agency for a copy of this form. 22. Bankrupt Notification: During the term of this contract, the Contractor shall immediately notify the Area Agency on Aging for Southwest Florida, Inc. if the Contractor, its assignees, Subcontractors 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, Florida); and (4) the name, address, and telephone number of the bankruptcy attorney. 23. Sponsorgh4C and Puhlicity: 23.1 As required by Section 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 this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name), the Area Agency on Aging for Southwest Florida and/or the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "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. 23.2 The Contractor shall not use the words "Area Agency on Aging for Southwest Florida, Inc. and/or 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 and/or Department prior to use. 24. Assignments: 24.1 The Contractor shall not assign the rights and responsibilities under this contract 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. 24.2 The State of Florida is, at all times, entitled to assignor transfer, in whole or part, its rights, duties, or obligations under this contract 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 this contract. 24.3 This contract shall remain binding upon the successors in interest of either the Contractor or the Agency. 25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, 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 liable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the Agency against any such claims. 0 July 2018 to June 2019 ADI 203.18 25.2 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 Section 287.0585, F.S., unless otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty as provided by statute. 26. Independent Caoacity of Contractor: It is the intent and understanding of the Parties that the Contractor, and any of its Subcontractors, are independent Contractors 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. 27. Payment: Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. The Contract Manager will have final approval of the Contractor's invoice submitted for payment, and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of Section 215.422, F.S. A Vendor Ombudsman has been established within the Florida Department of Financial Services and may be contacted at 800-342-2762. 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 this contract 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 Section 55.03, F.S., after Agency notification or Contractor discovery. The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. 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 from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30. Computer Use and Social Media Policy: The Florida Department of Elder Affairs has implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to all employees, contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third parties, such as, but not limited to, contractors and subcontractors. 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, Wilds, 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: hM://elderaffairs.state.fl.us/doea/financial.phR. `.y July 2018 to June 2019 31. Conflict of Interest: ADI 203.18 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 the selection, or in the award of a contract 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 Subcontractor's 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 Agency's 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 ifthe individual is serving as an incumbent, within thirty (30) calendar days of the commencement of this contract. The Contractor's employees and Subcontractors must make the same disclosures described above to the Agency's board of directors. Compliance with this provision will be monitored. 32. Public Entity Crime: Pursuant to Section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the Convicted Vendor List. 33. Pnrchasinn,.:, 33.1 The Contractor may purchase articles which are the subject of or are required to carry out this contract 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 this contract, 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 from PRIDE may be obtained by contacting PRIDE, 800-643-8459, 33.2 The Contractor may procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of Section 403.7065, F.S. 33.3 The Contractor may purchase articles that are the subject of, or required to carry out, this contract 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 Section 413.036(1) and (2), F.S. For purposes of this contract, 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 http://www.resi)ectofflorida.org. This clause is not applicable to Subcontractors unless otherwise required by law. 34. Patents. Copvriehts. Royalties: If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention or material to the Agency to be referred to the Agency and/or Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to Section 287.0571(5)(k), as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. 34.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to this Section 34. [y] July 2018 to June 2019 ADI 203.18 34.2 If this contract is awarded solely federal funding, the terms and conditions are governed by 2 CFR §200.315 or 45 CFR §75.322, as applicable. 34.3 Notwithstanding the foregoing provisions, if the Contractor or one of its Subcontractors is a university and a member of the State University System of Florida, then Section 1004.23, F.S., shall apply, but the Agency shall retain a perpetual, fully-paid, nonexclusive license for its use and the use of its Contractors, Subcontractors or Assignees of any resulting patented, copyrighted or trademarked work products. 35. Emeraencv Preparedness and Continuity of Ogeratinns: 35.1 If the tasks to be performed pursuant to this contract 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 this contract, submit to the Agency's Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the Agency of emergency provisions. 35.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. F.n uinm n 36.1 Equipment means: (a) tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit 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 funds - 2 CFR §200.33 and 45 CFR §75.2, as applicable], 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 (1) 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]. 36.2 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 200 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular; (b) a procedure for conducting a physical inventory of equipment at least once every two (2) 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 Agency's Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the Agency's Contract Manager. 36.3 The Contractor's property management standards for equipment (including replacement equipment), whether acquired in whole or in part with federal funds and federally -owned equipment shall, as a minimum, meet the following requirements and to include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government) and cost; 36.3.6 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); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost; and 10 July 2018 to June 2019 ADI 203.18 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding agency for its share. 36.3.10 A physical inventory must be taken and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 36.3.12 Adequate maintenance procedures must be developed to keep the property in good condition. 36.3.13 If the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return. 36.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state funds with an acquisition cost over $1,000.00 is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the Contractor (for federal funds see 2 CFR §200.313(a) and 45 CFR §75.320(a), as applicable) subject to the conditions of 2 CFR Part 200 and/or 45 CFR Part 75. 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 this contract, or identified in the sub -agreements with Subcontractors (not included in a cost methodology), is subject to the conditions of Chapter 273, F. S. and 60A-1.017, F. A. C. and 2 CFR Part 200 and/or 45 CFR Part 75. 36.5 The Contractor shall not dispose of any equipment or materials provided by the Agency, or purchased with funds provided through this contract without first obtaining the approval of the Agency's Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the Agency's Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractor's proposed disposition (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 36.6 The Agency's Contract Manager will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR §200.313 or 45 CFR §75.320, as applicable. 36.7 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 funds through agreements covered under this 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., Section 3030b U.S.C. Real property purchases from state funds can only be made through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of Section 216.348, F.S. 36.8 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. 36.9 The Contractor must adhere to the Agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this 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. 37. PUR 1000 Form: 11 July 2018 to June 2019 ADI 203.18 The PUR 1000 Form is hereby incorporated by reference and available at: ho://www.myflorida.com/apps/vbs/adoe/F7740 PUR1000 ndf In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 38. Use of State Funds to Purchase or improv R al Propertyi 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 five (5) years from the date of purchase or the completion of the improvements or as further required by law. 1 Any dispute concerning performance of the contract shall be decided by the Agency's Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Financial Consequences: If the Contractor fails to meet the minimum level of service or performance identified in this contract, the Agency will impose financial consequences as stated in Attachment I. Nothing contained in this contract is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 42. Venue: If any dispute arises out of this contract, the venue of such legal recourse shall be Lee County, Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Majeure: The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 45. Severability Clause: The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract AppLopriations: The Parties agree that the Agency's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 12 July 2018 to June 2019 aff.ror, lit M11 ion rqmt 71q FAUIK W-� The Parties agree that the Agency reserves the right to add or to delete any of the services required under this contract 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. 48. Waiver: The delay or failure by the Agency to exercise or enforce any of its rights under this contract 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. 49. 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 the contract to immediate, unilateral cancellation of the contract at the discretion of the Agency. 50. Final Invoice: The Contractor shall submit the final invoice for payment to the Agency no later than thirty (30) days upon the contract ending date unless otherwise specified in Attachment I. If the Contractor fails to do so, all right to payment is forfeited and the Agency may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 4-nnITIM, dormorlmm, Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively 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. 52. Suspension of Work: The Agency may in its sole discretion suspend any or all activities under the contract or purchase order, 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 (90) 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. 53. Termination: 53.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate this contract in whole or in part when the Agency determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 13 July 2018 to June 2019 ADI 203.18 53.2 Termination for Cause. The Agency may terminate this 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 contract, 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 ifthe cause ofthe 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 insufficient 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. 53.3 Upon termination of this contract, the Contractor and Subcontractors shall, at no cost to the Agency, transfer all public records in their possession to the Agency and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 54. Electronic Records and Signatur 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 contract. A Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, Section 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 29, 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 this contract. 54.1 The Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 54.2 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 identify the person and the person's capacity who electronically signed the document on any non -electronic copy of the document. 55. Contract Manager: The Agency may substitute any Agency employee to serve as the Contract Manager. REMAINDER OF THE PAGE INTENTIONALL Y LEFT BLANK 14 0 July 2018 to June 2019 ADI 203.18 57. All Terms and Conditions Included: This contract and its Attachments, I — XV including any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: COLLIER COUNTY BOARD AREA AGENCY ON AGING FOR OF COUNTY ION RiS SOUTHWEST FLORIDA, INC. ` SIGNED BY: 9 SIGNED BY: lnfi4.I.QJI/lf_ dU Un.t. NAME: Stephen Y Carnell NAME: MARIANNE G LORINI TITLE: Public Service Department Head TITLE: PRESIDENT/CEO DATE: )une,-,� ", 2018 DATE: G 12q 119 Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 Approved as to form and legality DUNS: 0769977790 VLa 15 Assistant County ncy r• The Contractor name, as shown on page 1 of this oCollier County Board of County Commissioners /oCollier County Community and Human Services a. contract, and mailing address of the official payee to 3339 E Tamiami Trail, Suite 211 whom the payment shall be made is: Naples, FL 34112 The name of the contact person and street address Kimberley Grant, Director Collier County Board of County Commissioners b. where financial and administrative records are %Collier County Community and Human Services maintained is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 Kimberley Grant, Director The name, address, and telephone number of the Collier County Board of County Commissioners c' representative of the Contractor responsible for %Collier County Community and Human Services administration of the program under this contract is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 (239)252-2273 The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc. d. Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1100 forms are to be mailed is: North Fort Myers, FL 33903 Tammy Rhoades, Vice President of Finance 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 1100 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. 57. All Terms and Conditions Included: This contract and its Attachments, I — XV including any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: COLLIER COUNTY BOARD AREA AGENCY ON AGING FOR OF COUNTY ION RiS SOUTHWEST FLORIDA, INC. ` SIGNED BY: 9 SIGNED BY: lnfi4.I.QJI/lf_ dU Un.t. NAME: Stephen Y Carnell NAME: MARIANNE G LORINI TITLE: Public Service Department Head TITLE: PRESIDENT/CEO DATE: )une,-,� ", 2018 DATE: G 12q 119 Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 Approved as to form and legality DUNS: 0769977790 VLa 15 Assistant County ncy r• July 2018 to lune 2019 INDEX OF ATTACHMENTS IVYrCy 1101AWSI ADI 203.18 STATEMENTOF WORK........................................................................................................................................17 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT....................................................................................................... 30 ATTACHMENT IH CERTIFICATIONS AND ASSURANCES.......................................................................................................... 36 ATTACHMENT IV ASS URANCES—NON-CONSTRUCTION PROGRAMS................................................................................... 41 ATTACHMENT V FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST .................. 43 ATTACHMENT VH BACKGROUND SCREENING......................................................................................................................... 47 ATTACHMENT IX INVOICE REPORT SCHEDULE...................................................................................................................... 48 ATTACHMENT X ANNUAL BUDGET SUMMARY....................................................................................................................... 49 ATTACHMENT XI REQUESTFOR PAYMENT.............................................................................................................................. 50 ATTACHMENT XII RECEIPT AND EXPENDITURE REPORT...................................................................................................... 51 ATTACHMENT XV SERVICERATE REPORT................................................................................................................................. 52 FIS m July 2018 to June 2019 ATTACHMENT STATEMENT OF WORK ALZHEIMER'S DISEASE INITIATIVE PROGRAM I. SERVICES TO BE PROVIDED A. Definitions of Terms 1. Acronyms Alzheimer's Disease (AD) Alzheimer's Disease Initiative (ADI) Activities of Daily Living (ADL) Assessed Priority Consumer List (APCL) Adult Protective Services (APS) Client Information and Registration Tracking System (CIRTS) Community Care for Disabled Adults (CCDA) Corrective Action Plan (CAP) Department of Elder Affairs (DOEA or Department) Florida Administrative Code (F.A.C.) 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.) 2. Program -Specific Terms ADI 203.18 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 Section 306 of the Older Americans Act (42 U.S.C. §3026), as amended, 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 and/or contractor enters ADI -specific data into 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 Handbook: An official document of 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. 17 July 2018 to June 2019 ADI 203.18 Notice of Instruction (NOI): The Department's established method to communicate to the Agency, Contractor, and subcontractor the requirement to perform a task or activity. NOIs are located on the Department's website at bgp://elderaffairs.state.fl.us/doea/nois.phhp. Provision: Language used in a general appropriations bill to qualify or restrict the way in which a specific appropriation is to be expended. 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. B. GENERAL DESCRIPTION 1. General Statement The purpose of the ADI is to address the special needs of individuals with AD, their families and caregivers. 2. Alzheimer's Disease Initiative Program Mission Statement The ADI program assists persons afflicted with AD and other forms of dementia to live as independently as possible with support to family members and caregivers. 3. Authority The relevant authority governing the ADI Program includes: a. Rule Chapter 58D-1, F.A.C.; b. Sections 430.501, 430.502, 430.503, and 430.504, F.S.; and; c. The Catalog of State Financial Assistance (CSFA) Numbers are 65004 and 65002. 4. 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 Agency's Area Plan, as updated, and the current DOEA Handbook, which are incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOEA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOI. 5. Major Program Goal The major goal of the ADI Program is to provide services to meet the needs of caregivers and individuals with AD or other related disorders. C. Clients to be Served 1. General Description The ADI program addresses the special needs of individuals with AD or other related disorders, and their caregivers. 2. Client Eligibility Clients eligible to receive services under this contract must: a. 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 b. Not be enrolled in any Medicaid capitated long-term care program. 18 N July 2018 to June 2019 ADI 203.18 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. 4. Client Determination The Agency shall have final authority for the determination of client eligibility. 5. Contract Limits In no case shall the Contractor be required to incur costs in excess of the contract amount in providing services to the clients. II. MANNER OF SERVICE PROVISION A. 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 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 Section I.C.2. 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. a. 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. b. Service priority for individuals not included 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. 3. Program Services The Contractor shall ensure the provision of program services is consistent with the Agency's current Area Plan, as updated and approved by the DOEA, and the current DOEA Handbook. 4. Task Limits The Contractor shall not perform any tasks related to the project other than those described in this contract without the express written consent of the Agency. B. 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 circumstance occurs that may result in a delay for a period of 60 days or more the initiation of the subcontract or the performance of the Subcontractor, the Contractor shall notify the Agency's Contract Manager in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this contract without having a binding Subcontractor agreement executed. The Agency will not be responsible or liable for any obligations or claims resulting from such action. 19 July 2018 to June 2019 ADI 203.18 1. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the Contract Manager within thirty (30) days of the subcontract being executed. 2. 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. 3. Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor Monitoring Reports to the Agency's Contract Manager within thirty (30) days of the report being issued to the Subcontractors, Subrecipients, Vendors, and/or Consultants. C. Staffing Requirements 1. Staffing Levels The Contractor shall assign its own administrative and support staff as necessary to meet the obligations of this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. 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, or as otherwise specified in provision or the Subcontractor's approved service provider application. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time. D. Service Location and Equipment 1. Service Delivery Location Services will be provided as needed in locations determined by provider that best meets client's immediate needs. 2. Changes in Location The Contractor shall notify the Agency in writing a minimum of one week prior to making changes in location that will affect the Agency's ability to contact the Contractor by telephone or facsimile. 3. Equipment Contractor shall be responsible for supplying, at its own expense, all equipment necessary for its performance under the contract, including but not limited to computers, telephones, copiers, fax machines, maintenance and office supplies. 20 N July 2018 to lune 2019 E. Deliverables ADI 203.18 The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1. 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 Agency's current Department -approved Area Plan, the current DOEA Handbook, which is incorporated by reference, and Section II.A.1-3 of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: a. Respite and Other Services (1) Caregiver Training/Support; (2) Case Aide; (3) Case Management; (4) Counseling (Gerontological); (5) Counseling (Mental Health/Screening); (6) Education/Training; (7) Intake; (8) Respite (Facility -Based); (9) Respite (In -Home); (10) Specialized Medical Equipment, Services, and Supplies; and (11) Transportation. b. Memory Disorder Clinics The Agency shall maintain coordination with the memory disorder clinics, the Alzheimer's Disease Brain Bank, and all other components of the Alzheimer's Disease Initiative, as well as Silver Alert, in the designated PSA. Memory Disorder Clinics (MDCs) are required to provide annual in-service training to all respite, in -facility respite and model day care center staff in their designated service areas, and plan and develop service -related research projects with model day care and respite providers. The Contractor shall respond to requests for statistical data concerning its consumers, based on information requirements of the MDCs and the Brain Bank, and assist the MDCs in carrying out Silver Alert protocol activities. 2. Services and Units of Service The Contractor shall ensure that the provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II.A. The Service Rate Report 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 the Service Rate Report, and approved by the Agency. 21 July 2018 to June 2019 ADI 203.18 F. Reports The Contractor shall respond to additional routine 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. 1. CIRTS Reports The Contractor shall input ADI -specific data into CIRTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following: a. Client Reports; b. Monitoring Reports; c. Services Reports; d. Miscellaneous Reports; e. Fiscal Reports; f. Aging and Disability Resource Center Reports; and g. Outcome Measurement Reports. 1. Service Cost Reports a. The Agency shall require the Contractor to submit Annual Service Cost Reports, which reflect actual costs of providing each service by program. Service Cost Reports for all contracts are due by February 25, 2019 for the prior calendar year. This Annual Service Cost Report provides information for planning and negotiating unit rates. b. Unit Cost Methodology worksheets must be submitted by April 30 of each year, if a rate increase is being requested for any service in the next contract year. 1. Surplus/Deficit Report The Contractor shall submit a Consolidated Surplus/Deficit Report, Lead Agency Spending Report, in a format provided by the Agency, to the Agency Contract Manager by the 18th of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the Agency and must include the following: a. A list of all subcontractors and their current status regarding surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; c. Recommendations to transfer funds to resolve surplus/deficit spending; d. Input from the Agency's Board of Directors on resolution of spending issues, if applicable; G. Records and Documentation 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the Agency or authorized individuals upon request. 22 July 2018 to June 2019 ADI 203.18 2. CIRTS Data and Maintenance The Contractor shall ensure, on a monthly basis, collection and maintenance of client and service information in CIRTS or any such system designated by the Agency. Maintenance includes accurate and current data, and valid exports and backups of all data and systems according to Agency standards. 3. Data Integrity and Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of 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. 4. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the Agency upon request. H. Performance Specifications 1. Outcomes and Outputs (Performance Measures) The Contractor must: a. Ensure the prioritization of clients and provision of services to clients in accordance with Section II.A.1- 3 of this contract; b. Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section II.D of this contract; c. Timely and accurately submit to the Agency all required documentation and reports described in Section II.E; and d. Timely (in accordance with the Invoice Report Schedule) and accurately submit the Request for Payment, the Receipt and Expenditure Report, and supporting documentation. 2. Annual Programmatic Monitoring Report The Contractor's performance of the measures in II.H.1., above, will be reviewed and documented in the Agency's Annual Programmatic Monitoring Report. 23 July 2018 to June 2019 ADI 203.18 3. Monitoring and Evaluation Methodology 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 via telephone, in writing, and/or on- site visit(s). 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: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and follow-up on-site visits; c. Client visits; d. Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; L Review of progress reports; g. Review of customer satisfaction surveys; h. Agreed-upon procedures review by an external auditor or consultant; i. Limited -scope reviews; and j. Other procedures as deemed necessary. I. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and for which, by execution of this contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of this contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. I Agency Responsibilities 1. Agency Obligations The Agency may provide technical support to assist the Contractor in meeting the requirements of this contract. The support, or lack thereof, shall not relieve the Contractor from full performance of contract requirements. 2. Agency Determinations The Agency reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Agency setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. 24 M July 2018 to June 2019 III. METHOD OF PAYMENT 1111 KO : U A. Payment Methods Used The Method of Payment for this contract is a combination of fixed-fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section II, Manner of Service Provision, and in accordance with other terms and conditions of this contract. 1. Fixed Fee/Unit Rate Payments for Fixed Fee/Unit Rate shall not exceed amounts established in the Service Rate Report. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in the Service Rate Report. All Cost Reimbursement Requests for Payment must submit the Request for Payment as well as the Receipt and Expenditure Report beginning with the first month of this contract. 3. Advance Payments The Contractor may request up to two (2) months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency by the State of Florida ("budget release"). The Contractor's requests for advance require the written approval of the Agency Contract Manager. The Contractor shall provide the Agency Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If sufficient budget is available, the Agency may issue approved advanced payments after July 1st of the contract year. a. Any advance payments the Contractor requested for subcontractors must be distributed within seven (7) days of receipt of payment from the Agency. The Contractor shall submit to the Agency documentation to support full distribution of advance funds with report number 5, due to the Agency on October 9, in accordance with the Invoice Report Schedule. b. All advance payments retained by the Contractor must be fully expended no later than September 30, 2018. Any portion of advance payments not expended must be recouped on the Invoice Report Schedule, report number 5, due to the Agency on October 9, in accordance with the Invoice Report Schedule. c. All advance payments made to the Contractor shall be reimbursed to the Agency as follows: At least one— tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment, starting with report number 5, in accordance with the Invoice Report Schedule. R Method of Invoice Payment Payment shall be made upon the Contractor's presentation of an invoice subsequent to the acceptance and approval by the Agency of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 25 July 2018 to June 2019 ADI 203.18 1. Have a Remittance Address that corresponds exactly to the "Remit To" address provided; 2. Request payment on a monthly basis for the units of services established in the Agency's approved Area Plan, provided in conformance with the requirements as described in the DOEA Handbook, at the rates established in the Service Rate Report of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Any requested changes to the approved budget subsequent to the execution of this contract must be submitted to the Contract Manager for written approval. Any change to the total contract amount requires a contract amendment; 3. The Contractor shall consolidate all subcontractors' Requests for Payment and Expenditure Reports that support Requests for Payment and shall submit to the Agency using the attached Request for Payment form, Receipt and Expenditure Report for services, which must include itemized expenditure categories; and 4. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month of this contract. The schedule for submission of advance requests (when available) and invoices is listed in the Invoice Schedule. C. 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 disallowances. D. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than July 25, 2019. E. CIRTS Data Entries for Subcontractors The Agency must require Contractors to enter all required data for clients and services in the CIRTS database per the DOEA 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 Contractor. The Contractor shall establish deadlines for completing CIRTS data entry and ensure compliance with due dates for the requests for payment and expenditure reports that Contractor must submit to the Agency. F. Contractors' Monthly CIRTS Reports The Agency must require Contractors to run monthly CIRTS reports and verify that 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 G. Corrective Action Plan 1. Contractor shall ensure 100% of the deliverables identified in Section II.D.1-3 of this contract are performed pursuant to contract requirements. 2. If at any time the Contractor is notified by the Agency Contract Manager that it has failed to correctly, completely, or adequately perform contract deliverables identified in Section ILD.1-3 of this contract, the Contractor will have ten (10) days to submit a Corrective Action Plan ("CAP") to the Agency Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the Agency Contract Manager. The Agency shall assess a Financial Consequence for Non -Compliance F7 9 July 2018 to June 2019 ADI 203.18 on the Contractor as referenced in Section III.I, of this contract 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. If the Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, the Agency shall deduct the percentage established in Section III.I. of this contract from the payment for the invoice of the following month. 4. If the Contractor fails to timely submit a CAP, the Agency shall deduct the percentage established in Section III.I. of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. H. Financial Consequences The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section II.E of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in Section II.E. of this contract. 1. Delivery of services to eligible clients as referenced in Section II.A.1-3 and Section II.E.1 of this contract — Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section III.H. 2. Services and units of services as referenced in Section II.D.2 of this contract — Failure to provide services in accordance with the current DOEA Handbook, the service tasks described in Section II.A, and submission of required documentation will result in a 2% reduction of payment per business day. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency is not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section III.H. 3. Timely submission of a CAP —Failure to timely submit a CAP within ten (10) business days after notification of a deficiency by the Agency Contract Manager will result in a 2% reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section III.H. 4. Exceptions may be granted solely, in writing, by the Agency contract manager. II. SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the Agency Contract Manager in writing no later than June 30, 2019. Email requests are considered acceptable. 27 July 2018 to June 2019 ADI 203.18 B. Contractor's Financial Obligations 1. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the contract period, for each program managed by the Contractor. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other provider agencies during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 2. Cost Sharing and Co -payments The Agency shall 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's co -payment guidelines, in accordance with the current DOEA 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. C. Remedies for Nonconforming Services 1. 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 will only be delivered to eligible program participants. 2. 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 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. D. Incident Reporting The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from the Contractors awareness or discovery of changes that may materially affect the Contractor or any subcontractor's ability to perform the services required to be performed under this contract and in authorizing proviso. Such notice shall be made orally to the Agency Contract Manager (by telephone) with an email to immediately follow, including the Contractor's plan for provision of services authorized in provision. E. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Contractor or any Contractors and referred to a governmental or investigatory agency must be sent to the Agency. 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 Contract Manager at the Agency immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession ofthe Contractor or Subcontractors, must be sent to the Agency's Contractor Manager with a summary of the investigation and allegations. F. Volunteers 28 July 2018 to June 2019 ADI 203.18 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). G. Enforcement 1. In accordance with Section 430.04, F.S., the Agency shall rescind designation of a lead agency or take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the Agency, placement on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the Agency finds that any of the following have occurred: a. An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of services covered pursuant to this contract. b. The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. c. Contractor has committed multiple or repeated violations of legal and regulatory requirements, regardless of whether such laws or regulations are enforced by the Agency, or the Contractor has committed multiple or repeated violations of Agency standards. d. The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency. e. The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the Agency. L The Contractor has failed to properly determine client eligibility as defined by the Agency or efficiently manage program budgets. g. The Contractor has failed to implement and maintain an Agency -approved client grievance resolution procedure. 2. The Agency may, at its sole discretion, in accordance with Section 430.04, F.S., take intermediate measures against the Contractor, including corrective action, unannounced 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. 3. In making any determination under this provision the Agency may rely upon findings of another state or federal agency, or other regulatory body. Any claims for damages for breach of contract 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 a lead agency designation, the Agency shall follow the procedures set forth in 42 U. S. C. §3025(b). H. Contract Modifications The Agency's Contract Manager has the authority to modify and/or extend deliverable deadlines. All deliverable extension requests must be made, in writing prior to the required deadline, to the Agency's Contract Manager. All approvals for deliverable extensions must be communicated, in writing, by the Agency's Contract Manager to Contractor and are subject to the discretion of the Agency's Contract Manager. The requests and the approval must occur prior to the established deadline. An e-mail writing (request and response) is considered acceptable. END OFATTACHMENT I 29 July 2018 to June 2019 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT ADI 203.18 The administration of resources awarded by the Agency 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 2 CFR Part 200 (formerly 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 contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Agency 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 Vice President of Finance 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 2 CFR Part 200, Subpart A. In the event that the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. 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 Agency. The determination of amounts of Federal awards expended should be in accordance with 2 CFR Part 200. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200 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 2 CFR §200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200 the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from 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 contracts with the Agency shall be based on the contract's requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Area Agency on Aging for Southwest Florida, Inc. contract involved. If not otherwise disclosed as required by 2 CFR §200.510 the schedule of expenditures of federal awards shall identify expenditures by contract number for each contract with the Agency 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 Contractor's fiscal year end. 30 [] July 2018 to June 2019 ADI 203.18 PART II: STATE FUNDED This part is applicable if the Contractor is a non -state entity as defined by Section 215.97(2), F.S. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor, the Contractor must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Agency by this contract. 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 Agency, 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 II, paragraph 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the 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. Compliance findings related to contracts with the Agency shall be based on the contract'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 contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otherwise disclosed as required by Rule 69I- 5.003, F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Agency 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 Contractor's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR §200.512 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: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 31 N July 2018 to June 2019 ADI 203.18 For fiscal year 2013 and earlier to the Federal Audit Clearinghouse designated in 2 CFR §200.36 at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 For fiscal year 2014 and later, pursuant to 2 CFR §200.512, the reporting package and the data collection form must be submitted electronically to the Federal Audit Clearinghouse. Pursuant to 2 CFR §200.512, all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of 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: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment, Part II shall be submitted by or on behalf of the Contractor directly o each of the following: Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Tammy Rhoades, VP of Finance 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 Agency pursuant to this contract shall be submitted timely in accordance with 2 CFR Part 200, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Contractors, when submitting financial reporting packages to the Agency for audits done in accordance with 2 CFR Part 200 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the Contract Manager or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Agency or its designee, Contract Manager, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Agency. 32 0 July 2018 to lune 2019 ATTACHMENT II -EXHIBIT 1 PART I: AUDIT RELATIONSHIP DETERMINATION ADI 203.18 Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215.97, F.S. Contractors who are determined to be recipients or sub -recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR §200.38, and/or Section 215.97, F.S. Regardless of whether the audit requirements are met, Contractors who have been determined to be recipients or sub -recipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part 200 and/or Rule 69I-5.006, F.A.C., Contractor has been determined to be: Vendor not subject to 2 CFR §200.38 and/or Section 215.97, F.S. Recipient/sub-recipient subject to 2 CFR §200.86 and §200.93 and/or Section 215.97, F.S. _Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and or state financial assistance and has been approved by the Agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I-5.006, F.A.C. [state financial assistance] and 2 CFR §200.330[federal awards]. PART H: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a sub - recipient must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR §200.416 - §200.417 — Special Considerations for States, Local Governments and Indian Tribes* 2 CFR §200.201—Administrative Requirements** 2 CFR §200 Subpart F — 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 §200.400 - §200.411 — Cost Principles* 2 CFR §200.100 —Administrative Requirements 2 CFR §200 Subpart F —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 §200.418 — §200.419 — Special Considerations for Institutions of Higher Education* 2 CFR §200.100 — Administrative Requirements 2 CFR §200 Subpart F — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 33 g July 2018 to June 2019 ADI 203.18 *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in 2 CFR §200.400(5) (c). **For funding passed through U.S. Health and Human Services, 45 CFR Part 75; for funding passed through U.S. Department of Education, 34 CFR Part 80. STATE FINANCIAL ASSISTANCE. Contractors who receive state financial assistance and who are determined to be a recipient/sub-recipient must comply with the following fiscal laws, rules and regulations: Sections 215.97 & 215.971, F.S. Chapter 69I-5, F.A.C. State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 34 July 2018 to June 2019 ATTACHMENT II -EXHIBIT 2 FUNDING SUMMARY ADI 203.18 Note: Title 2 CFR, as revised, and Section 215.97, F.S. require that the information about Federal Programs and State Projects included in Attachment II, Exhibit 1 be provided to the recipient. Information contained herein is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): FEDERAL AWARD DATE: DUNS NUMBER: 076997790 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Pati 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133 — Audits of States, Local Governments, and Non -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: 4XI'UHI1NG RESUURUES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97. F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Alzheimer's Disease Initiative General Revenue—TSTF-Collier 65004 $ 403,000.00 TOTAL AWARD is 403,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATF. F1IVANCIAL ASSISTANCE Sections 215.97 & 215.971, F.S., Chapter 69I-5, F.A.C, State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 35 July 2018 to June 2019 ATTACHMENT III CERTIFICATIONS AND ASSURANCES ADI 203.18 The Agency will not award this Contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In performance of this contract, Contactor provides the following certifications and assurances: H. Verification of Employment Status Certification MWOW1117. "IN gwennownromiummmarrom A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this certification accordingly. B. CERTIFICATION REGARDING LOBBYING — CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS. The undersigned Contractor certifies, to the best of its knowledge and belief, that: 36 July 2018 to June 2019 ADI 203.18 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub - recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. NON DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). - As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I -financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices, including, job application procedures, hiring, firing, advancement, compensation, training, and other OA N July 2018 to June 2019 ADI 203.18 terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WIA Title I — financially assisted program or activity, and to all contracts, Contractor makes to carry out the WIA Title I — financially assisted program or activity. Contractor understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform the Agency immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS CERTIFICATION, SECTION 287.135, F.S. If this Contract is in the amount of $1 million or more, in accordance with the requirements of Section 287.135, F.S., Contractor hereby certifies that it is not participating in a boycott of Israel, is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria. Both lists are created pursuant to Section 215.473, F.S. Contractor understands that pursuant to Section 287.135, F.S., the submission of a false certification may subject Contractor to civil penalties, attorney's fees, and/or costs. If Contractor is unable to certify any of the statements in this certification, Contractor shall attach an explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS 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 contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 38 CA July 2018 to June 2019 ADI 203.18 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-compliant, 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 warrants 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. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software 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. 5. 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 integrity compliance issues. H. VERIFICATION OF EMPLOYMENT STATUS As a condition of contracting with the Area Agency on Aging for Southwest Florida, Inc., 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 contract and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this Contract utilize the E -verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all sub -agreements, sub -grants, and other agreements/contracts 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 Circulars A-102 and 2 CFR Part 200, and 215 (formerly OMB Circular A-110). I. RECORDS AND DOCUMENTATION The Contractor agrees to make available to Agency staff and/or any party designated by the Agency any and all contract related records and documentation. The Contractor shall ensure the collection and maintenance of all program related information and documentation on any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS 1. In addition to the requirements of sections, 10. 1, 10.2 of the Standard Contract, and 119.0701(3) and (4) F.S., and any other applicable law, if a civil action is commenced as contemplated by Section 119.0701(4), F.S., and the Agency is named in the civil action, Contractor agrees to indemnify and hold harmless the Agency for any costs incurred by the Agency, and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119, F.S., concerning this contractor services performed thereunder. a. Notwithstanding Section 119.0701, F.S., or other Florida law, this section is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768.28(2), F.S. 2. Section 119.01(3), F.S., states if public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, 39 cq July 2018 to lune 2019 ADI 203.18 business, and membership records of such an entity which pertain to the public agency (Area Agency on Aging for Southwest Florida, Inc.) are public records. Section 119.07, F.S, states that every person who has custody of such a public record shall permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances. Additionally, I certify this organization does does not provide for institutional memberships. Contractor's signature below attests that records pertaining to the dues or membership application by the Agency are available for inspection as stated above. By execution of this contract, Contractor must include these provisions in all related subcontract agreements (if applicable). By execution of this contract, Contractor must include these provisions (A -J) in all related subcontract agreements (if applicable). By signing below, Contractor certifies the representations outlined in parts A through J above, are true and correct. Ste Y a nell, P-u<lc Se ice Department Head 3339 Tamiami Trail E #211 Signatiffe and'Iltle of Authorized Representative Street Address Collier County Board of County Commissioners Naples, FL 34112 Contractor June 72018 Date City, State, Zip code 40 G July 2018 to June 2019 ATTACHMENT IV ASSURANCES—NON-CONSTRUCTION PROGRAMS ADI 203.18 Public reporting burden for this collection of information is estimated to average forty-five (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. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (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 II 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. 41 M July 2018 to June 2019 ADI 203.18 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 part with federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. §874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333), regarding labor standards for federally assisted construction sub -contracts. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 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 (16 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 -I 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. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200. 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. !U OF AUT HO ING OFFICIAL vl 41 TITLE Public Service Administrator Step&A Y Carnkell APPLICANTORGANIZATION DATESUBMITTED Collier County Board of County Commissioners June x 72018 42 EN July 2018 to June 2019 ADI 203.18 ATTACHMENT V FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPT dANCF. CHF.CTCI.LST Progmm/Facility Name County AAA/Contractor Address Completed By City, State, Zip Code Date Telephone PART I: READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: For questions 2-5 please indicate the follo 2. Population of area served 3. Staff currently employed 4. Clients currently enrolled/registered 5. Advisory/Governing Board if applicable wing: Total # % % % % % % % White Black Hispanic Other Female Disabled Over 40 Source of data: N/A Effective date: NO Effective date: ❑ ❑ ❑ PART R: 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 DOEA? N/A YES NO ❑ ❑ ❑ N/A YES NO 7. Compare the staff composition to the population. Is staff representative of the population? ❑ ❑ ❑ N/A YES NO 8. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion or disability? ❑ ❑ ❑ N/A YES NO 9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion or disability? ❑ ❑ ❑ N/A YES NO 10. For in-patient services, are room assignments made without regard to race, color, national origin or disability? ❑ ❑ ❑ 11. Is the program/facility accessible to non-English speaking clients? N/A YES NO ❑ ❑ ❑ 12. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? N/A YES NO Verbal ❑ Written ❑ Poster ❑ ❑ ❑ ❑ 43 O0 July 2018 to June 2019 ADI 203.18 13. Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER against the program/facility. El 14. Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? N/A YES NO ❑ ❑ ❑ PART HI: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO EXPLAIN. 15. Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any YES NO necessary modifications? ❑ ❑ 16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO ❑ ❑ 17. Has a person been designated to coordinate Section 504 compliance activities? YES NO ❑ ❑ 18. Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on YES NO the basis of disability? ❑ ❑ 19. Are auxiliary aids available to assure accessibility of services to hearing and sight -impaired individuals? YES NO PART IV: FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000.00 OR MORE. 20. Do you have a written affirmative action plan? If NO, explain. YES N RaWrawnwelM Reviewed by In Compliance: YES NO* Program Office *Notice of Corrective Act ion Sent_/_ / Date Telephone Response Due / / On -Site Desk Review Response Received / / 44 00 July 2018 to June 2019 ADI 203.18 ATTACHMENT V INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 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.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA Recipients and their Sub -grantees, 45 CFR 80.4 (a). 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 policy 45 July 2018 to June 2019 ADI 203,18 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 Area Agency on Aging for Southwest Florida, Inc, and/or the Florida Department of Elder Affairs or the U.S. Department of HHS. IS. 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 1973 requires that a recipient of federal financial assistance conduct a self- evaluation to identify any accessibility barriers. Self-evaluation is a four step process: 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 program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any alternative resources that can be used to provide equally effective services, 45 CFR 84.52 (d). 21. Programs/facilities with 50 or more employees and $50,000.00 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 1964, as amended. 46 July 2018 to June 2019 IILRAR"r SII[N'I Of ELDER AFFAIRS STATE OF FLORIDA ATTACHMENT VII BACKGROUND SCREENING BACKGROUND SCREENING Affidavit of Compliance - Employer AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. 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 alxl Disability Resource Centers, Lead Agencies, Long -Tenn 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 accessto 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 Employer Nome located at StreetAddress City State ZIP code I, do hereby affirm under penalty of perjury Nome of Representotive 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 Date STATE OF FLORIDA, COUNTY OF Sworn to (or affirmed) and subscribed before me this _ day of 20� by (Name of Representative) who is personally known to me or produced Print. Type, or Stamp Commissioned Name of Notary Public Notary Public DDEA Form 235, Af idavIt of compliance - Employer, Effective April 2012 Form available at: fl fl o n 47 as proof of identification. 5ectron 435.05(3), F.S. ADI 203.18 C� July 2018 to June 2019 ATTACHMENT IX INVOICE REPORT SCHEDULE ALZHEIMER'S DISEASE INITIATIVE Report Number Based On 1 July Advance* 2 August Advance* 3 July Expenditure Report 4 August Expenditure Report 5 September Expenditure Report 6 October Expenditure Report 7 November Expenditure Report 8 December Expenditure Report 9 January Expenditure Report 10 February Expenditure Report 11 March Expenditure Report 12 April Expenditure Report 13 May Expenditure Report 14 June Expenditure Report 15 Final Request for Payment Legend: * Advance based on projected cash need ADI 203.18 Submit to Agency 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 Note # 1: Report #I 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 the Area Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to the Agency is dependent on the accuracy of the expenditure report. Note # 2: Report numbers 5 through 14 shall reflect an adjustment of at least one-tenth of the total advance amounts, repaying advances issued the first two months of the agreement. All advance payments made to the Contractor shall be returned to the Agency and reported as an advance recoupment on each request for payment. The adjustment shall be recorded in Part C, Line 1 of the report (ATTACHMENT XI). 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. 48 July 2018 to June 2019 ATTACHMENT X ANNUAL BUDGET SUMMARY ALZHEIMER'S DISEASE INITIATIVE PROGRAM For Collier County Board of County Commissioners Collier ALLOCATION TOTAL $ 403,000.00 49 ADI 203.18 July 2018 to June 2019 ATTACHMENT X1 ADI 203.18 REQUEST FOR PAYMENT ALZHEIMERS DISEASE INITIATIVE PROGRAM RECIPIENT NAME, ADDRESS, PHONE#and FEID# TWE OF REPORT: CONTRACT CONTRACT PERIOD 07/01/2017 -06/30/2018 A. PAYMENT REQUEST: REPORT PERIOD 510112018-05/3112018 Regular_X_ REPORT # B. METHOD OF PAYMENT: INVOICE # Advance_ Reimbursement PSA -8- CERTIFICATION: I hereby cenify to the best of my knowledge that this request is complete and coned and conforms with the terms and the purposes of the shove contract. Prepared by: Date: Approved by: Date: PARTA: BUDGET SUMMARY (1) Respite (2) Specialized Services TOTAL 1. Approved Contract Amount $0.00 $0.00 $0.00 2. Previous Funds Received for Contract Period $0.00 $0.00 $0.00 3. Contract Balance(line l minus line 2) $0.00 $0.00 $0.00 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: CONTRACT FUNDS REQUEST 1. Anticipated Cash Needs (1at- 2nd month, Attach Justification) $0.00 $0.00 $0.00 2. Net Expenditures For Month $0.00 $0.00 $0.00 (DOEA Form 105Z Part B, Line 3) 3. TOTAL $0.00 $0.00 $0.00 PARTC: NET FUNDS REQUESTED 1. Less Advance Applied $0.00 $0.00 $0.00 2. Contract Funds are Hereby Requested for (Part B, Linea $0.00 $0.00 $0.00 minus Part C, Line 1) List of Services / Units / Rales provided - See attached report. DOEA FORM 106Z Neg..d ON18 50 July 2018 to June 2019 ATTACHMP.NT XTT ADI 203.18 RECEIPT AND EXPENDITURE REPORT ALZHEIMERS DISEASE INITIATIVE PROGRAM PROVIDER NAME, ADDRESS, PHONE # and FEID# CONTRACT# PROGRAM FUNDING CONTRACT PERIOD 07/01/2017.06/30/2018 RESPITE _X REPORT PERIOD 5/01/2018-05/31/2018 PROJECTS REPORT# SPECIALIZED DAY CARE INVOICE # PSA 8 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 $0.00 $0.00 $0.00 #DIV/01 1. State Funds 2. Program Income $0.00 $0.00 $0.00 #DIV101 3. Local Cash Match $0.00 $0.00 $0.00 #DIV/01 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 $0.00 $0.00 $0.00 #DIV/01 1. Administrative Services 2. Service Subcontractor(s) $0.00 $0.00 $0.00 #DIV/01 3. Alzheimer's Association $0.00 $0.00 $0.00 #DIV/01 4. Jewish Family 8 Community Services $0.00 $0.00 $0.00 #DIV/01 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV/01 PART C: OTHER REVENUE AND EXPENDITURES If. Interest: III. Advance Recouped 1. Program Income (PI) 1. Earned on GR Advance $ 50.00 1. ADI: PI Collected YTD $ 2. Return of GR Advance $ (Includes co -payments collected) 3. Other Earned $ PART D: CO -PAYMENTS CURRENT MONTH YEAR-TO-DATE 1. Total of Co -payments assessed $0.00 $0.00 2. Total of Co -payments collected $0.00 $0.00 (For Tracking Purposes only) DOEA FORM 105Z ReMsed 05/18 51 July 2018 to June 2019 ADI 203.18 ATTACHMENT XV 52 SERVICE RATE REPORT Rate Summary HIGHEST DELIVERABLES REIMBURSEMENT METHOD OF UNIT RATE PAYMENTS Case Aide: $33.88 Fixed Fee / Unit Rate Case Management: $60.00 Fixed Fee / Unit Rate Respite In -Facility: $12.83 Fixed Fee / Unit Rate Respite In -Home: $25.67 Fixed Fee / Unit Rate Specialized Medical Equipment, Services and Supplies Cost Reimbursement Transportation Cost Reimbursement 52 Revised August 2007 Attestation Statement Agreement/Contract Number ADI 203.18 Amendment Number NA 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 Collier County Board of Commissioners (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. SignatureWRecipient/Contractorrepresentative Approved as to form and legality Assant County ty C¢� Revised August 2007 July 2018 — June 2019 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. COMMUNITY CARE FOR THE ELDERLY COLLIER COUNTY BOARD OF COUNTY CCE 203.18 THIS CONTRACT is entered into between Area Agency on Aging for Southwest Florida, Ine.(Agency) and Collier County Board of County Commissioners (Contractor), 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 and exhibits, 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, 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, 2018 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, 2019. 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 $878,515.00, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. By mutual agreement of the Parties, in accordance with Section 287.058(1)(g), Florida Statutes (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. 6. Compliance with Federal Law, 6.1 If this contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations (CFR) 75 and/or 45 CFR Part 92, 2 CFR Part 200 and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act as amended (42 United States Code (U.S.C.) 7401, et seq.), Section 508 of the Federal Water Pollution Control Act as G July 2018 — June 2019 CCE 203.18 amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations of the above to the Agency. 6.1.3 The Contractor, or agent acting for the Contractor, may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any state legislature. The Contractor must complete all disclosure forms as required, specifically the Certification and Assurances Attachment, which must be completed and returned to the Contract Manager prior to the execution of this contract. 6.1.4 In accordance with Appendix II to 2 CFR Part 200, 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 regulations 41 CFR Part 60 and in Department of Health and Human Services regulations 45 CFR Part 92, if applicable. 6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards 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 this contract. The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execution of this contract. 6.2 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. 1101). Such violation will be cause for unilateral cancellation of this contract by the Agency. 6.3 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. 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR §170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR Part 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 11-116, 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 term. Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E -verify system to verify employment of all new employees hired by the subcontractor during the contract term. Contractors meeting the terms and conditions of the E -Verify System are deemed to be in compliance with this provision. 7. Comnliancewith State Law* 7.1 This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws. 7.2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, F.S., and Section 215.971, F.S., and expenditures must be in compliance with laws, rules, and regulations, including, but not limited to, the Reference Guide for State Expenditures. 7.3 The Contractor shall comply with the requirements of Section 287.058, F.S. as amended. 7.3.1 The Contractor shall perform all tasks contained in Attachment I. 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the contract manager prior to payment. 2 (9 July 2018 — June 2019 CCE 203.18 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment I, Section III. Method of Payment. 7.3.4 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. 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit bills for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided in this contract. 7.3.6 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 this 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 for which the Department may unilaterally terminate this contract. 7.4 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427, F.S., and Rule Chapter 41-2, Florida Administrative Code (F.A.C). 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134, F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 7.7 In accordance with Section 287.135 F.S., any Contractor on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List (Lists), created pursuant to Section 215.473 F.S. and 215.4725, F.S., or is engaged in a boycott of Israel, or is engaged in business operations in Cuba or Syria, is ineligible to enter into or renew a contract with the Department for goods or services of $1,000,000 or more. Pursuant to Section 287.135 F.S., the Agency may terminate this contract if the Contractor is found to have submitted a false certification of its status on the Lists or has been placed on the Lists or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria. Further, the Contractor is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false certification. The Contractor shall complete and sign the Certifications and Assurances Attachment, prior to the execution of this contract. 8. Background Screen= The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons who meet the definition of a direct service provider and who are not exempt from the Departments level 2 background screening pursuant to Section 430.0402(2), F.S. The Contractor must also comply with any applicable rules promulgated by the Agency and the Agency for Health Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision, Contractor shall submit to the Agency, the Background Screening Affidavit of Compliance (Screening Form) upon thirty (30) days of execution of this contract. Should the Agency have a completed Screening Form on file for the Contractor, a new Screening Form will be required every twelve (12) months. 8.1 . Further information concerning the procedures for background screening may be found at b=://elderaffairs.state.fl.us/doea/backproundscreening.t)hi). 9. Grievance Procedures: The Contractor shall develop, implement, and ensure that its subcontractors have established grievance procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the subcontractor's determination(s). WN Wn I, i To :i t iia 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the Agency to perform the contracted services. 3 00 CCE 203.18 July 2018 — June 2019 10.1.2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Agency. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the Agency, all public records in possession of the Contractor, or will keep and maintain public records required by the Agency. If the Contractor transfers all public records to the Agency upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 10.2 The Agency may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 239-652-6900 or 866-413-5337 11. Audits, Inspections. Investigations: 11.1 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 this contract. Contractor shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information should be related to performance and unit cost data. 11.2 The Contractor shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the Agency. 11.3 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. 11.4 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. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Agency and federal auditors, pursuant to 45 CFR Part 75, will be allowed full access to and the right to examine any of the Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 4 S) 0 July 2018 — June 2019 CCE 203.18 11.6 The Contractor shall provide a Financial and Compliance Audit Attachment to the Agency as specified in this contract and ensure that all related third -party transactions are disclosed to the auditor. 11.7 Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or hearing performed pursuant to Section 20.055, Florida Statutes. Contractor further agrees that it shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to this contract agree to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to Section 20.055(5), F.S. By execution of this contract the Contractor understands and will comply with this subsection. ►iIr a ,,ri : 1ifk-ru11M7 - 12.1 The Contractor shall execute Assurances as stated in the Assurances -Non -Construction Programs Attachment that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion, color, disability, national origin, marital status or sex in compliance with state and federal law and regulations. The Contractor further assures that all Contractors, subcontractors, Sub -grantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures will include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the 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. 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 this contract, 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 this contract. 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 determined by the Agency's Contract Manager. 14. Provision of Services: The Contractor shall provide services in the manner described in Attachment I. rr ,, T,3No M, no 7 r,T-WW I n La i• T If the Contractor receives funding fi•om one or more State of Florida human service agencies, in addition to 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 this contract, and pursuant to Section 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, and/or investigators. CCE 203.18 July 2018 — June 2019 16. Indemnification: 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 contract 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 negligence of the Agency. 16.1 Except to the extent permitted by Section 768.28, F.S., or other Florida law, this section 16 is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768.28(2), F.S. 17. Insurance and Bonding: 17.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full 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 contract. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract. The Contractor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of this contract. 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 this contract. 17.2 Throughout the term of this contract, 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 agreements and/or contracts incorporating this 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. 18. Confidentiality of information: The Contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 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 Parts 160, 162, and 164). 20. Incident Reporting: 20.1 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 Contractors or subcontractors ability to perform the services required to be performed under this contract. Such notice shall be made orally to the Agency's Contract Manager (by telephone) with an email to immediately follow. 20.2 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. The Contractor shall notify the Agency within ten (10) days of entering into a new contract with any of the remaining four (4) state human service agencies. The notification shall include the following information: (1) contracting state agency and the applicable office or program issuing the contract; (2) contract name and number; (3) contract stall and end dates; (4) contract amount; (5) contract description and commodity or service; (6) Contract Manager name and July 2018 —June 2019 CCE 203.18 contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the Contractor shall complete the Provider's State Contracts List, ask Area Agency for a copy of this form. 22. Bankruptcy Notification: During the term of this contract, the Contractor shall immediately notify the Area Agency on Aging for Southwest Florida, Inc. if the Contractor, its assignees, subcontractors 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, Florida); and (4) the name, address, and telephone number of the bankruptcy attorney. 23.1 As required by Section 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 this contract, 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/or State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "Area Agency on Aging for Southwest Florida, Inc. and/or State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 23.2 The Contractor shall not use the words "Area Agency on Aging for Southwest Florida, Inc. and/or State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by the Agency and/or Department prior to use. 24.Assignments: 24.1 The Contractor shall not assign the rights and responsibilities under this contract 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. 24.2 The State of Florida and/or the Area Agency on Aging for Southwest Florida is, at all times, entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the Contractor. In the event the State of Florida and/or the Area Agency on Aging for Southwest Florida, Inc. approves transfer of the Contractor's obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.3 This contract shall remain binding upon the successors in interest of either the Contractor or the Agency. 25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, 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 liable to the subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the Agency against any such claims. 25.2 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 Section 287.0585, F.S., unless otherwise stated in the contract between the Contractor and subcontractor, will result in a penalty as provided by statute. T C7 CCE 203.18 July 2018 —June 2019 26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor, and any of its subcontractors, are independent Contractors 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. 27. EM n : Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. The Contract Manager will have final approval of the Contractor's invoice submitted for payment, and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of Section 215.422, F.S. A Vendor Ombudsman has been established within the Florida Department of Financial Services and may be contacted at 800-342-2762. 28. 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 this contract 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 Section 55.03, F.S., after Agency notification or Contractor discovery. 17 s , •U u.,.. The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. 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 from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30. Comouter Use and Social Media Policy: The Florida Department of Elder Affairs has implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to all employees, contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third parties, such as, but not limited to, contractors and subcontractors. 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, Wilds, 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: htti)://elderaffairs.state.fl.us/doea/financial.phR. Y 0 CCE 203.18 July 2018 — June 2019 31. 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 the selection, or in the award of a contract 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 subcontractor's 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 Agency's 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 the commencement of this contract. The Contractor's employees and subcontractors must make the same disclosures described above to the Agency's board of directors. Compliance with this provision will be monitored. 32. Public Entity Crime: Pursuant to Section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid; proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the Convicted Vendor List. 33. Pnrchasine: 33.1 The Contractor may purchase articles which are the subject of or are required to carry out this contract 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 this contract, 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 from PRIDE may be obtained by contacting PRIDE, 800-643-8459. 33.2 The Contractor may procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of Section 403.7065, F.S. 33.3 The Contractor may purchase articles that are the subject of, or required to carry out, this contract 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 Section 413.036(1) and (2), F.S. For purposes of this contract, 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 hft://www.resRectoffloridaor This clause is not applicable to subcontractors unless otherwise required by law. CCE 203.18 July 2018 — June 2019 34. Patents. Copyrights.Royal, ties: If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention or material to the Agency to be referred to the Agency and/or Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to Section 287.0571(5)(k), as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. 34.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to this Section 34. 34.2 If this contract is awarded solely federal funding, the terms and conditions are governed by 2 CFR §200.315 or 45 CFR §75.322, as applicable. 34.3 Notwithstanding the foregoing provisions, if the Contractor or one of its subcontractors is a university and a member of the State University System of Florida, then Section 1004.23, F.S., shall apply, but the Agency shall retain a perpetual, fully -paid, nonexclusive license for its use and the use of its Contractors, subcontractors or Assignees of any resulting patented, copyrighted or trademarked work products. 35. Fmergen y Preparedness and Continuity of Operations: 35.1 If the tasks to be performed pursuant to this contract 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 this contract, submit to the Agency's Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the Agency of emergency provisions. 35.2 In the event a situation results in a cessation of services by a subcontractor, the Contractor shall retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. Eguinment 36.1 Equipment means: (a) tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit 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 funds - 2 CFR §200.33 and 45 CFR §75.2, as applicable], 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 (1) 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]. 36.2 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 200 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular; (b) a procedure for conducting a physical inventory of equipment at least once every two (2) 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 Agency's Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the Agency's Contract Manager. 10 CCE 203.18 July 2018 — June 2019 36.3 The Contractor's property management standards for equipment (including replacement equipment), whether acquired in whole or in part with federal funds and federally -owned equipment shall, as a minimum, meet the following requirements and to include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government) and cost; 36.3.6 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 govermnent); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost; and 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding agency for its share. 36.3.10 A physical inventory must be taken and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 36.3.12 Adequate maintenance procedures must be developed to keep the property in good condition. 36.3.13 If the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return. 36.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state funds with an acquisition cost over $1,000.00 is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the Contractor [for federal funds see 2 CFR §200.313(a) and 45 CFR §75.320(a), as applicable], subject to the conditions of 2 CFR Part 200 and/or 45 CFR Part 75. 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 this contract, or identified in the sub -agreements with subcontractors (not included in a cost methodology), is subject to the conditions of Chapter 273, F. S. and 60A-1.017, F. A. C. and 2 CFR Part 200 and/or 45 CFR Part 75. 36.5 The Contractor shall not dispose of any equipment or materials provided by the Agency, or purchased with funds provided through this contract without first obtaining the approval of the Agency's Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the Agency's Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractor's proposed disposition (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 36.6 The Agency's Contract Manager will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR §200.313 or 45 CFR §75.320, as applicable. 11 CAO July 2018 — June 2019 CCE 203.18 36.7 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 funds through agreements covered under this 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., Section 3030b U.S.C. Real property purchases from state funds can only be made through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of Section 216.348, F.S. 36.8 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. 36.9 The Contractor must adhere to the Agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this 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. The PUR 1000 Form is hereby incorporated by reference and available at: hW://www.mvflorida.con/apl2s/vbs/adoe/F7740 PUR1000.odf In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. KL.ffilrml w1mrm wrrm mr1l Wrm TirTX,73 r,. 4 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 five (5) years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by the Agency's Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Financial Consequences, If the Contractor fails to meet the minimum level of service or performance identified in this contract, the Agency will impose financial consequences as stated in Attachment I. 41. No Waiver of Sovereign immunity: Nothing contained in this contract is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 42. Venue: If any dispute arises out of this contract, the venue of such legal recourse shall be Lee County, Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 12 oq July 2018 — June 2019 44. Force Majeure: CCE 203.18 The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 45. Severability Clause: The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract ARUXonriations: The Parties agree that the Agency's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. m /mmm,M The Parties agree that the Agency reserves the right to add or to delete any of the services required under this contract 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. 48. Waiver: The delay or failure by the Agency to exercise or enforce any of its rights under this contract 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. 49. 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 the contract to immediate, unilateral cancellation of the contract at the discretion of the Agency. 50. Final invoice: The Contractor shall submit the final invoice for payment to the Agency no later than thirty (30) days upon the contract ending date unless otherwise specified in Attachment I. If the Contractor fails to do so, all right to payment is forfeited and the Agency may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. t•i•T-i ii OGN ii Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively 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. 52. Suspension of Work: The Agency may in its sole discretion suspend any or all activities under the contract or purchase order, 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 (90) 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. 13 July 2018 — June 2019 53. Termination: CCE 203.18 53.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate this contract in whole or in part when the Agency determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 53.2 Termination for Cause. The Agency may terminate this 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 contract, 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 fi•om 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. 53.3 Upon termination of this contract, the Contractor and subcontractors shall, at no cost to the Agency, transfer all public records in their possession to the Agency and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 54. Electronic Records and Signature: 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 cant' out the terms of this contract. A Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, Section 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 29, 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 this contract. 54.1 The Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 54.2 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 identify the person and the person's capacity who electronically signed the document on any non -electronic copy of the document. 1i.. o r .. The Agency may substitute any Agency employee to serve as the Contract Manager. An email submitted by the Agency to the Contractor shall constitute sufficient notice of such change. REMAINDER OF THE PAGE INTENTIONALLYLEFT BLANK 14 (0 July 2018 —June 2019 CCE 203.18 56. Official Payee and Regresentative (Names Addressee and Teleobone Numbers): 57. All Terms and Conditions Included: This contract and its Attachments, I — XII including any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: COLLIER COUNTY BOARD AREA AGENCY ON AGING FOR OF COUNTY C IS. ONERS SOUTHWEST FLORIDA, INC. SIGNED BY: SIGNED BY: //iL1iLl61 A( NAME: Stephen Y Camell NAME: MARIANNE G LORINI TITLE: Public Service Department head TITLE: PRESIDENT/CEO DATE:.Juncaj 2018 DATE: /_1 Federal // D Federal Tax ID: 59-6000588 Fiscal Year Ending Date: 09/30 Approved as to form and legality DUNS: 076997790 15 Assistant County to vcy � `a hi The Contractor name, as shown on page 1 of this P g oCollier County Board of County Commissioners /oCollier County Community and Human Services a. contract, and mailing address of the official payee to 3339 E Tamiami Trail, Suite 211 whom the payment shall be made is: Naples, FL 34112 The name of the contact person and street address P Kimberley Grant; Director Collier County Board of County Commissioners b. where financial and administrative records are %Collier County Community and Human Services maintained is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 Kimberley Grant, Director The name, address, and telephone number of the Collier County Board of County Commissioners C. representative of the Contractor responsible for %Collier County Community and Human Services administration of the program under this contract is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 (239)252-2273 The section and location within the Agency where Area Agency on Aging for Southwest Florida, hic. d. Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1100 forms are to be mailed is: North Fort Myers, FL 33903 Tammy Rhoades, Vice President of Finance 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 1100 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. 57. All Terms and Conditions Included: This contract and its Attachments, I — XII including any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: COLLIER COUNTY BOARD AREA AGENCY ON AGING FOR OF COUNTY C IS. ONERS SOUTHWEST FLORIDA, INC. SIGNED BY: SIGNED BY: //iL1iLl61 A( NAME: Stephen Y Camell NAME: MARIANNE G LORINI TITLE: Public Service Department head TITLE: PRESIDENT/CEO DATE:.Juncaj 2018 DATE: /_1 Federal // D Federal Tax ID: 59-6000588 Fiscal Year Ending Date: 09/30 Approved as to form and legality DUNS: 076997790 15 Assistant County to vcy � `a July 2018 —June 2019 INDEX OF ATTACHMENTS ATTACHMENTI CCE 203.18 STATEMENTOF WORK................................................................................................................................ 17 ATTACHMENT II FINANCIALAND COMPLIANCE AUDIT................................................................................................... 31 ATTACHMENT III CERTIFICATIONSAND ASSURANCES...................................................................................................... 37 ATTACHMENT IV ASSURANCES—NON-CONSTRUCTION PROGRAMS............................................................................. 42 ATTACHMENT V FLORIDA AGENCY OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST ...................... 44 ATTACHMENT VH BACKGROUNDSCREENING....................................................................................................................... 48 ATTACHMENT VIII ANNUALBUDGET SUMMARY................................................................................................................... 49 ATTACHMENT IX INVOICEREPORT SCHEDULE.................................................................................................................... 50 ATTACHMENT X REQUESTFOR PAYMENT............................................................................................................................ 51 ATTACHMENT XI RECEIPTAND EXPENDITURE REPORT.................................................................................................... 52 ATTACHMENT XII SERVICERATE REPORT.............................................................................................................................. 53 16 9 CCE 203.18 July 2018 — June 2019 ATTACHMENTI STATEMENT OF WORK I. SERVICES TO BE PROVIDED A. Definitions of Terms 1. Contract Acronyms Area Agency on Aging (AAA) Access Priority Consumer List (APCL or Wait list) Adult Protective Services (APS) Adult Protective Services Referral Tracking Tool (ARTT) Code of Federal Regulations (CFR) Corrective Action Plan (CAP) Community Care for the Disabled Adult (CODA) Community Care for the Elderly (CCE) Client Information and Registration Tracking System (CIRTS) Department of Children and Families (DCF) Florida Administrative Code (F.A.C.) Florida Department of Elder Affairs (DOEA/Department) Florida Statutes (F.S.) Home Care for Disabled Adults (HCDA) Notice of Instruction (NOD Planning and Service Area (PSA) Summary of Programs and Services (SOPS) 2. Program Specific Terms Administrative Funding: Contract dollars that are allocated to support the Agency's expenses incurred in the management and operation of the CCE Program, as stipulated in this contract. 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 sixty (60) years of age and being transitioned from DCF's CCDA or HCDA services to DOEA's community-based services. Area Plan: A plan developed by the Agency outlining a comprehensive and coordinated service delivery system in its PSA in accordance with Section 306 of the Older Americans Act (42 U.S.C. § 3026) and DOEA 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 and/or contractor enters CCE - specific data into 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 (DOEA Handbook): An official document of the State of Florida, DOEA. The Handbook includes program policies, procedures, and standards applicable to agencies which are recipients of DOER -funded programs, and providers of program -funded services. An annual update is provided through a NOI. 17 0 CCE 203.18 July 2018 — June 2019 Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain living independently in the least restrictive living arrangement. NOI: DOEA's established method to communicate to the Agency, Contractor and subcontractor the requirements to perform particular tasks or activities. NOIs are located on the DOEA website at htto•//elderaffairs.state.fl.us/doea/nois.oho. 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 DOEA and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. B. General Description 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. 2. Community Care for the Elderly Mission Statement The CCE Program assists functionally -impaired elderly persons in living as independently as possible, in the least restrictive environment suitable to their needs. The program provides a continuum of care through the development, expansion, reorganization, and coordination of multiple community-based services. 3. Authority The relevant authority governing the CCE Program includes: a. Rule 58C-1, F.A.C.; b. Sections 430.201 through 430.207, F.S.; and c. The Catalog of State Financial Assistance (CSFA) Number 65010. 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 the Agency's current Area Plan, as updated, and the current DOEA Handbook, which are hereby incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOEA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOI. 5. Major Program Goals The major goals of the program are to preserve the independence of elders and prevent or delay costlier 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 to provide a continuum of service alternatives that meets the diverse needs of functionally -impaired elders. 18 6U July 2018 — June 2019 CCE 203.18 C. Clients to be Served 1. General Description The CCE Program provides a continuum of services for functionally -impaired elders. 2. Client Eligibility To receive services under this contract, an applicant must: a. Beat least sixty (60) years of age; b. Be functionally impaired as determined through the comprehensive assessment; c. Not be dually enrolled in the CCE Program and a Medicaid -capitated long-term care program; and d. Be aging out as defined in Section I.A.2. of this contract. 3. 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 or who are abused, neglected, or exploited. 4. Client Determination The Agency shall have final authority for the determination of client eligibility. 5. Contract Limits In no case shall the Contractor be required to incur costs in excess of the contract amount. II. MANNER OF SERVICE PROVISION A. 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 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 section I.C.2. 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 in the sequence below. It is not the intent of the Agency to remove existing clients from services to serve new clients being assessed and prioritized for service delivery. a. DCF APS High Risk individuals: The Contractor shall ensure that pursuant to Section 430.205(5)(a), F.S., those elderly persons who are determined by DCF APS to be victims of abuse, neglect, or exploitation who need immediate services to prevent further harm, and are referred by APS, shall be given primary consideration for receiving CCE services. As used in this subsection, "primary consideration" means that an assessment and services must commence within seventy-two (72) hours after referral to the Agency or as established in accordance with local protocols developed between Agency service contractors and APS. The Contractor shall follow guidelines for DCF APS High Risk referrals established in the APS Operations Manual, which is incorporated by reference. 19 p�O CCE 203.18 July 2018 — June 2019 b. For DCF APS Low, Intermediate, and High -Risk Referrals for individuals enrolled in a Medicaid long- term care program at the time of referral to the Contractor or subcontractor, the Contractor shall: i. Ensure that the intake entity contacts and notifies the DCF APS protective investigator that the referral was not accepted because the referred individual is enrolled in a Medicaid long-term care program; and ii. 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. c. 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. d. Aging Out individuals: Individuals receiving CCDA and HCDA services through DCF's Adult Services transitioning to community-based services provided through the Agency when services are not currently available. e. Service priority for individuals not included in a., c., and d. 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 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. 3. Referrals for Medicaid Waiver Services a. The Contractor must, through the performance of the client assessment, identify potential Medicaid eligible CCE clients and to refer these individuals for application for Medicaid Waiver services. b. The Contractor must require individuals who have been identified as being potentially Medicaid Waiver eligible to apply for Medicaid Waiver services 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. c. The Contractor must advise individuals who have been identified as being potentially Medicaid Waiver eligible of the responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. 4. Program Services The Contractor shall ensure the provision of program services is consistent with the Agency's current Area Plan, as updated and approved by the DOEA, and the current DOEA Handbook. B. 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 circumstance occurs that may result in a delay for a period of sixty (60) days or more the initiation of the subcontract or the performance of the subcontractor, the Contractor shall notify the Agency's Contract Manager and the Agency's Vice President of Finance Officer in writing of such delay. The Contractor shall not permit a subcontractor to perform services related to this Contract without having a binding subcontractor agreement executed. The Agency will not be responsible or liable for any obligations or claims resulting from such action. 1. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the Agency's Contract Manager within thirty (30) days of the subcontract being executed. 20 coo CCE 203.18 July 2018 — June 2019 2. 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. 3. Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor monitoring reports to the Agency's Contract Manager within thirty (30) days of the report being issued to the subcontractors, subrecipients, vendors, and/or consultants. C. Staffing Requirements 1. Staffing Levels The Contractor shall dedicate its own staff as necessary to meet the obligations of this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. 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. local time. D. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1. Delivery of Service to Eligible Clients The Contractor shall ensure the provision of a continuum of services that meets the diverse, individual, and assessed needs of each functionally -impaired elder. The Contractor shall ensure performance and reporting of the following services are in accordance with the Agency's current approved Area Plan, the current DOEA Handbook, and Section II.A.1-4 of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: 21 PO CCE 203.18 July 2018 — June 2019 a. 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 Agency's Area Plan, as updated, include the following: (1) Adult Day Care; (8) Housing Improvement; (2) Chore Services; (9) Legal Assistance; (3) Companionship; (10) Pest Control Services; (4) Escort; (11) Respite Services; (5) Financial Risk Reduction; (12) Shopping Assistance; and (6) Home Delivered Meals; (13) Transportation. (7) Homemaker; It. Health Maintenance Services The Contractor shall ensure that health maintenance services are made available as necessary to help maintain the health of functionally -impaired elders. These services are limited to medical therapeutic services and non-medical prevention services. Typical services to be provided at the unit rate identified in the Agency's Area Plan, as updated, include the following: (1) Adult Day Health Care; (8) Nutrition Counseling; (2) Emergency Alert Response; (9) Occupational Therapy; (3) Gerontological Counseling; (10) Personal Care; (4) Health Support; (11) Physical Therapy; (5) Home Health Aide; (12) Skilled Nursing Services; (6) Medication Management; (13) Specialized Medical Equipment, (7) Mental Health Services and Supplies; and Counseling/Screening; (14) Speech Therapy. 22 0 b� July 2018 — June 2019 c. Other Support Services CCE 203.18 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 Agency's Area Plan, as updated, include the following: (1) Caregiver Training/Support; (2) Case Aid; (3) Case Management 2. Service Units (4) Intake; (5) Material Aid; and (6) Other services, as approved by the Agency. The Contractor shall ensure that the provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II.A. The Service Rate Report 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 Agency's Area Plan as updated, as shown in the Service Rate Report and approved by the Agency. E. Reports The Contractor shall respond within ten (10) business days to the Agency's request for routine and/or special requests for information and ad hoc reports. The Contractor must establish due dates for any subcontractors that permit the Contractor to meet the Agency's reporting requirements. 1. CIRTS Reports The Contractor shall ensure timely input of CCE -specific data into CIRTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following: a. Client Reports; b. Monitoring Reports; c. Services Reports; d. Miscellaneous Reports; e. Fiscal Reports; f. Aging and Disability Resource Center Reports; and g. Outcome Measurement Reports. 2. Annual Service Cost Reports a. The Agency shall require the Contractor to submit Annual Service Cost Reports, which reflect actual costs of providing each service by program. Service Cost Reports for all contracts are due by February 25, 2019 for the prior calendar year. b. Unit Cost Methodology worksheets must be submitted by April 30 of each year, if a rate increase is being requested for any service in the next contract year. 23 J July 2018 —June 2019 CCE 203.18 3. Surplus/Deficit Report The Contractor shall submit a Consolidated Surplus/Deficit Report Lead Agency Spending Report, in a format provided by the Agency, to the Agency Contract Manager by the 18th of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the Agency and must include the following: a. A list of all subcontractors and their current status regarding surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; c. Recommendations to transfer funds to resolve surplus/deficit spending; d. Input from the Agency's Board of Directors on resolution of spending issues, if applicable; e. 4. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the Agency or authorized individuals upon request. 5. CIRTS Data and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in CIRTS or any such system designated by the Agency. 6. Data Integrity and Backup Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of 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. 7. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the Agency upon request. F. Performance Specifications 1. Outcomes and Outputs (Performance Measures) The Contractor must: a. Ensure the prioritization of clients and provision of services to clients in accordance with Section II.A.2. of this contract; b. Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section II.A.1-4 of this contract; c. Timely and accurately submit to the Agency all required documentation and reports described in Section II.E.; d. Timely (in accordance with the Invoice Report Schedule) and accurately submit the Request for Payment, the Receipt and Expenditure report, and supporting documentation. 2. Annual Programmatic Monitoring Report The Contractor's performance of the measures in II.F.I., above, will be reviewed and documented in the Agency's Annual Programmatic Monitoring Report. 24 J July 2018 — June 2019 CCE 203.18 3. Monitoring and Evaluation Methodology 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, and/or on-site visit(s). 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: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and follow-up on-site visits; c. Client visits; d. Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; f. Review of progress reports; g. Review of customer satisfaction surveys; h. Agreed-upon procedures review by an external auditor or consultant; i. Limited -scope reviews; and j. Other procedures as deemed necessary. G. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and for which, by execution of this contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of this contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. H. Agency Responsibilities 1. Agency Obligations The Agency may provide technical support and/or assistance to the Contractor within the resources of the Agency to assist the Contractor in meeting the requirements of this contract. The technical support and/or assistance, or lack thereof, shall not relieve the Contractor from full performance of contract requirements. 2. Agency Determinations The Agency reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Agency setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. 25 v July 2018 — June 2019 CCE 203.18 III. METHOD OF PAYMENT A. Payment Methods Used The Method of Payment for this contract is a combination of fixed-fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section ILD., and in accordance with other terms and conditions of this contract. 1. Fixed Fee/Unit Rate Payment for Fixed Fee/Unit Rates shall not exceed amounts established in the Service Rate Report. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in the Service Rate Report. All Cost Reimbursement Requests for Payment must submit the Request for Payment as well as the Receipt and Expenditure Report beginning with the first month of this contract. 3. Advance Payments The Contractor may request up to two (2) months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency by the State of Florida ("budget release"). The Contractor's requests for advance require the written approvalof the Agency's Contract Manager. The Contractor shall provide the Agency's Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If sufficient budget is available, the Agency may issue approved advance payments after July I st of the contract year. a. Any advance payments the Contractor requested for subcontractors must be distributed within seven (7) days of receipt of payment fi•om the Agency. The Contractor shall submit to the Agency documentation to support full distribution of advanced funds with report number 5, due to the Agency on October 9, 2018, in accordance with the Invoice Report Schedule. b. All advance payments retained by the Contractor must be fully expended no later than September 30, 2018. Any portion of advance payments not expended must be recouped on the Invoice Schedule, report number 5, due to the Agency on October 9, 2018, in accordance with the Invoice Report Schedule. c. All advance payments made to the Contractor shall be reimbursed to the Agency as follows: At least one—tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment, starting with report number five (5), in accordance with the Invoice Report Schedule. B. Funding Distribution The Contractor agrees to distribute funds as detailed in the Area Plan update and Invoice Report Schedule. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. 26 V July 2018 — June 2019 C. Method of Invoice Payment CCE 203.18 Payment shall be made upon the Contractor's presentation of an invoice subsequent to the acceptance and approval by the Agency of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1. Have a Remittance Address that corresponds exactly to the "Remit To" address provided; 2. Request payment monthly for the units of services established in the Agency's approved Area Plan, provided in conformance with the requirements as described in the current DOEA Handbook, at the rates established in the Service Rate Report of the contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Any requested changes to the approved budget subsequent to the execution of this contract must be submitted to the Agency's Contract Manager for written approval. Any change to the total contract amount requires a formal amendment; 3. The Contractor shall consolidate all subcontractors' Requests for Payment and Expenditure Reports that support Requests for Payment and shall submit to the Agency using the attached Request for Payment form, Receipt and Expenditure Report for services, which must include itemized expenditure categories; and 4. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month of this contract. The schedule for submission of advance requests (when available) and invoices is set forth in the Invoice Report Schedule. D. 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. E. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than July 25, 2019. F. CIRTS Data Entries for Subcontractors The Agency must require Contractors to enter all required data for clients and services in the CIRTS database per the current DOEA Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Subcontractors must enter this data into the CIRTS prior to submitting their requests for payment and expenditure reports to the Contractor. The Contractor shall establish deadlines for completing CIRTS data entry and ensure compliance with due dates for the requests for payment and expenditure reports that Contractor must submit to the Agency. G. Contractors' Monthly CIRTS Reports The Agency must require Contractors to run monthly CIRTS reports and verify that 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 may be approved by the Agency. 27 0� c7 July 2018 — June 2019 H. Corrective Action Plan CCE 203.18 1. Contractor shall ensure 100% of the deliverables identified in Section II. D.1-3 of this contact are performed pursuant to contract requirements. 2. If at any time the Contractor is notified by the Agency's Contract Manager that it has failed to correctly, completely, and/or adequately perform contract deliverables identified in Section II.D. 1-3 of this contract, the Contractor will have ten (10) days to submit a CAP to the Agency's Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the Agency's Contract Manager. The Agency shall assess a Financial Consequence for Non -Compliance on the Contractor as referenced in Section III.I. of this contract 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. If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, the Agency shall deduct the percentage established in Section III.I. of this contract from the payment for the invoice of the following month. 4. If the Contractor fails to timely submit a CAP, the Agency shall deduct the percentage established in Section III.I. of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. I. Financial Consequences The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section II.D. of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in Section II.D. of this contract. 1. Delivery of services to eligible clients as referenced in Section II.A.2 and Section II.D.1 of this contract — Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section III.H. 2. Services and units of services as referenced in Section II.D.2 of this contact — Failure to provide services in accordance with the current DOEA Handbook, the service tasks described in Section II.A, and submission of required documentation will result in a 2% reduction of payment per business day. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency is not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section III.H. 3. Timely submission of a CAP — Failure to timely submit a CAP within ten (10) business days after notification of a deficiency by the Agency's Contract Manager will result in a 2% reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the Agency's notification to the Contactor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section III.H. 4. Exceptions may be granted solely, in writing, by the Agency's Contact Manager. IV. SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contact funds based on expenditures for provided services must be submitted to the Agency's Contract Manager in writing no later than June 25, 2019; email requests are considered acceptable. 28 C July 2018 — June 2019 CCE 203.18 B. Contractor's Financial Obligations 1. Matching, Level of Effort, and Earmarking Requirement The Contractor must provide a match of at least ten (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. 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's co -payment guidelines, in accordance with the current DOEA Handbook, which is incorporated by reference. Co- payments include only the amounts assessed to consumers by Contractors or the arnounts 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 IV.B.1. 3. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner so to avoid having a wait list and a surplus of funds at the end of the contract period. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other provider agencies during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. C. Remedies for Nonconforming Services 1. 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 will only be delivered to eligible program participants. 2. 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. D. Incident Reporting The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from the Contractors awareness or discovery of changes that may materially affect the Contractor or any subcontractor's ability to perform the services required to be performed under this contract and in authorizing proviso. Such notice shall be made orally to the Agency's Contract Manager (by telephone) with an email to immediately follow, including the Contractor's plan for provision of services authorized in proviso. E. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Contractor or any subcontractors and refereed to a governmental or investigatory agency must be sent to the Agency. 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 Contract Manager at the Agency 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's Contract Manager with a summary of the investigation and allegations. F. 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 29 d v July 2018 — June 2019 CCE 203.18 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). G. Enforcement 1. In accordance with Section 430.04, F.S., the Agency shall rescind designation of lead agency or take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the Agency, placement on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the Agency finds that any of the following have occurred: a. An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of an aging services program. b. The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. c. The Contractor has committed multiple or repeated violations of legal and regulatory requirements or Agency standards. d. The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency. e. The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the Agency. f. The Contractor has failed to properly determine client eligibility as defined by the Agency or efficiently manage program budgets. g. The Contractor has failed to implement and maintain a Agency -approved client grievance resolution procedure. 2. The Agency may, at its sole discretion, in accordance with Section 430.04, F.S., take intermediate measures against the Contractor, including corrective action, unannounced 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. 3. In making any determination under this provision the Agency may rely upon findings of another state or federal agency, or other regulatory body. Any claims for damages for breach of contract are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County, Florida. In the event the Agency initiates action to rescind a lead agency designation, the Agency shall follow the procedures set forth in 42 U.S.C. §3025(b). H. Contract Modifications The Agency's Contract Manager has the authority to modify and/or extend deliverable deadlines. All deliverable extension requests must be made, in writing prior to the required deadline, to the Agency's Contract Manager. All approvals for deliverable extensions must be communicated, in writing, by the Agency's Contract Manager to Contractor and are subject to the discretion of the Agency's Contract Manager. The requests and the approval must occur prior to the established deadline. An e-mail writing (request and response) is considered acceptable. END OFATTACHMENT 30 0� V July 2018 — June 2019 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT CCE 203.18 The administration of resources awarded by the Agency 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 2 CFR Part 200 (formerly 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 contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Agency 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 Vice President of Finance or Auditor General. I IICWI Tib PART L• FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200, Subpart A. If the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. 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 Agency. The determination of amounts of Federal awards expended should be in accordance with 2 CFR Part 200. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200 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 2 CFR §200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200 the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from 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 contracts with the Agency shall be based on the contract's requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Area Agency on Aging for Southwest Florida, Inc. contract involved. If not otherwise disclosed as required by 2 CFR §200.510 the schedule of expenditures of federal awards shall identify expenditures by contract number for each contract with the Agency 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 Contractor's fiscal year end. 31 010 CCE 203.18 July 2018 — June 2019 PART II: STATE FUNDED This part is applicable if the Contractor is a non -state entity as defined by Section 215.97(2), F.S. If the Contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor, the Contractor must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Agency by this contract. 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 Agency, 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 II, paragraph 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the 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. Compliance findings related to contracts with the Agency shall be based on the contract'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 contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otherwise disclosed as required by Rule 69I- 5.003, F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Agency 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 Contractor's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR §200.512 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: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 32 C'�o July 2018 — June 2019 CCE 203.18 For fiscal year 2013 and earlier to the Federal Audit Clearinghouse designated in 2 CFR §200.36 at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 Fast 10°i Street Jeffersonville, IN 47132 For fiscal year 2014 and later, pursuant to 2 CFR §200.512, the reporting package and the data collection form must be submitted electronically to the Federal Audit Clearinghouse. Pursuant to 2 CFR §200.512, all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of 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: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the Contractor directlyto 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: Tammy Rhoades, VP of Finance 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 Agency pursuant to this contract shall be submitted timely in accordance with 2 CFR Part 200, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Contractors, when submitting financial reporting packages to the Agency for audits done in accordance with 2 CFR Part 200 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contactor in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the Contract Manager or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Agency or its designee, Contract Manager, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Agency. 33 CAq July 2018 — June 2019 ATTACHMENT II -EXHIBIT I PART I: AUDIT RELATIONSHIP DETERMINATION CCE 203.18 Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CPR Part 200 and/or Section 215.97, F.S. Contractors who are determined to be recipients or sub -recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit I are met. Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR §200.38, and/or Section 215.97, F.S. Regardless of whether the audit requirements are met, Contractors who have been determined to be recipients or sub -recipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part 200 and/or Rule 69I-5.006, F.A.C., Contractor has been determined to be: Vendor not subject to 2 CFR §200.38 and/or Section 215.97, F.S. X Recipient/sub-recipient subject to 2 CFR §200.86 and §200.93 and/or Section 215.97, F.S. Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and or state financial assistance and has been approved by the Agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I-5.006, F.A.C. [state financial assistance] and 2 CFR §200.330[federal awards]. PART H: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a sub - recipient must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR §200.416 - §200.417 — Special Considerations for States, Local Governments and Indian Tribes* 2 CFR §200.201—Administrative Requirements** 2 CFR §200 Subpart F — 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 §200.400 - §200.411 — Cost Principles* 2 CFR §200.100 — Administrative Requirements 2 CFR §200 Subpart F — 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 §200.418 — §200.419 — Special Considerations for Institutions of Higher Education* 2 CFR §200.100 — Administrative Requirements 2 CFR §200 Subpart F — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 34 ��AO CCE 203.18 July 2018 — June 2019 *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in 2 CFR §200.400(5) (c). **For funding passed through U.S. Health and Human Services, 45 CFR Part 75; for funding passed through U.S. Department of Education, 34 CFR Part 80. STATE FINANCIAL ASSISTANCE. Contractors who receive state financial assistance and who are determined to be a recipient/sub-recipient must comply with the following fiscal laws, rules and regulations: Sections 215.97 & 215.971, F.S. Chapter 69I-5, F.A.C. State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 35 Cp,O July 2018 — June 2019 ATTACHMENT II -EXHIBIT 2 FUNDING SUMMARY CCE 203.18 Note: Title 2 CFR & 2 CFR Part 200, as revised, and Section 215.97(5), F.S. require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. Information contained herein is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): FEDERAL AWARD DATE: DUNS NUMBER: 076997790 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FINDS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133 — Audits of States, Local Governments, and Non -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Community Care for the Elderly General Revenue -Collier 65.010 $ 878,515.00 TOTAL AWARD 878 515.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATLI FINANCIAL ASSISTANCE. Section 215.97, F.S., Chapter 69I-5, F.A.C, State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 36 cul" CCE 203.18 July 2018 — June 2019 ATTACHMENT III CERTIFICATIONS AND ASSURANCES The Agency will not award this Contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and S usnension Certification (29 CFR Part 95 and 45 CFR Part 75) W. Cerfificatoon Regarding Lobbying (29 CFR Part 93 and 45 CFR Part 93 Nondiscrimination & Egual opportunity Assurance (29 CER Part 37 and 45 Part ; •C. D. Certificatoon Regardiny Public Entity Crimes, Section 287.133,Ea, E. i oi of CommunilyOrganizations Reform Now /:►1 Funding :• inAssurance F. Certfficaflon Rei!ardim, Scrutinized qui: _: -G—Certificatin-r .f .i Repardang Data In r*tv ComWiance For Agreements, Grants, Loans And Cooperative �i ,i i i•1 LOrmr W A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from coveted transactions by a Federal Agency or agency; 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this certification accordingly. B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Contractor certifies, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, 37 CO3O CCE 203.18 July 2018 — June 2019 the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub - recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. NON DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). - As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I -financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Agency of Health and Human Services (45 CFR Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department and/or Agency. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or pursuant to the Regulation of the Agency of Health and Human Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Agency of Health and Human Services (45 CFR Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. S. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Agency of Health and Human Services (45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices, including, job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WIA Title I — financially assisted program or activity, 38 Gl't� CCE 203.18 July 2018 — June 2019 and to all agreements Contractor makes to carry out the WIA Title I — financially assisted program or activity. Contractor understands that the Agency and/or DOEA and the United States have the right to seekjudicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in Section 287.133, F.S., nor placed on the Convicted Vendor List. Contractor understands and agrees that it is required to inform Area Agency and DOEA immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS CERTIFICATION, SECTION 287.135, F.S. If this Contract is in the amount of $1 million or more, in accordance with the requirements of Section 287.135, F.S., Contractor hereby certifies that it is not participating in a boycott of Israel, is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria. Both lists are created pursuant to Section 215.473, F.S. Contractor understands that pursuant to Section 287.135, F.S., the submission of a false certification may subject Contractor to civil penalties, attorney's fees, and/or costs. If Contractor is unable to certify any of the statements in this certification, Contractor shall attach an explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS 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 funds 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-compliant, 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 warrants 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. 39 `�,O July 2018 — June 2019 CCE 203.18 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software 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. 5. 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 integrity compliance issues. H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Area Agency on Aging for Southwest Florida, Inc., 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 contract and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this Agreement utilize the E -verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all sub -agreements, sub -grants, and other agreements 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 Circulars A-102 and 2 CFR Part 200, and 215 (formerly OMB Circular A-110). I. RECORDS AND DOCUMENTATION The Contractor agrees to make available to Agency staff and/or any party designated by the Agency any and all contract related records and documentation. The Contractor shall ensure the collection and maintenance of all program related information and documentation on any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS 1. In addition to the requirements of Sections 10. 1, 10.2 of the Standard Contract, and 119.0701(3) and (4) F.S., and any other applicable law, if a civil action is commenced as contemplated by Section 119.0701(4), F.S., and the Agency is named in the civil action, Contractor agrees to indemnify and hold harmless the Agency for any costs incurred by the Agency, and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119, F.S., concerning this contract or services performed thereunder. 40 Ca CCE 203.18 July 2018 — June 2019 2. Section 119.01(3), F.S., states if public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of such an entity which pertain to the public agency (Area Agency on Aging for Southwest Florida, Inc.) are public records. Section 119.07, F.S, states that every person who has custody of such a public record shall permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances. Additionally, I certify this organization does _does not X provide for institutional memberships. Contractor's signature below attests that records pertaining to the dues or membership application by the Agency are available for inspection as stated above. By execution of this agreement, Contractor must include these provisions in all related subcontract agreements (if applicable). By execution of this agreement, Contractor must include these provisions (A-1) in all related subcontract agreements (if applicable). By signing below, Contractor certifies the representations outlined in parts A through J above, are true and correct. r. -- (SignatA and Title of Authorized Representative) Stephen Y Camell ,Public Service Department Head Collier County Board of Commissioners JuncAPP018 (Contractor) 3339 Tamiami Trail E Suite 211 (Street Address) Naples FL 34112 (Date) (City, State, ZIP code) 41 July 2018 – June 2019 ATTACHMENT IV ASSURANCES—NON-CONSTRUCTION PROGRAMS CCE 203.18 Public reporting burden for this collection of information is estimated to average forty-five (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. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGE'MENA AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. I. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis 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 II 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. 42 July 2018 — June 2019 CCE 203.18 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 part with federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. §874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333), regarding labor standards for federally assisted construction sub -agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 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 (16 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. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200. 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. ORGANIZATION CO%W?+r OFFICIAL I TITLE 43 DATE SUBMITTED cr1� A`l, Q0 f5 July 2018 — June 2019 CCE 203.18 ATTACHMENT V FLORMA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name County AAA/Contractor Address Completed By City, State, Zip Code Date Telephone PART I: READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE THIS FORM. 19. Briefly describe the geographic area served by the program/facility and the type of service provided: For questions 2-5 please indicate the folly 2. Population of area served 3. Staff currently employed 4. Clients currently euolled/registered 5. Advisory/Governing Board if applicable )wing: Total # % % % % % White Black Hispanic Other Female Disabled Over 40 Source of data: YES NO Effective date: 'q ❑ Effective date: 7. Compare the staff composition to the population. Is staff representative of the population? N/Q YES NO PART H: 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 DOEA? N/A YES NO 'q ❑ ❑ 7. Compare the staff composition to the population. Is staff representative of the population? N/Q YES NO g ❑ ❑ S. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national NIA YES NO origin, sex, age, religion or disability? VL ❑ ❑ 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? -4 ❑ ❑ 10. For in-patient services, are room assignments made without regard to race, color, national origin or disability? N/A YES NO ❑ ❑ 11. Is the program/facility accessible to non-English speaking clients? N/A YES NO VL ❑ ❑ 12. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? N/A YES NO Verbal ❑ Written ❑ Poster ❑ A ❑ ❑ 44 WR July 2018 — June 2019 CCE 203.18 13. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. N/A 0 NUMBER 14. Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? N/A YES NO A❑❑ PART III: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO EXPLAIN. 15. Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any YES NO necessary modifications? 16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO 7p ❑ 17. Has a person been designated to coordinate Section 504 compliance activities? YES NO p ❑ 18. Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on YES NO the basis of disability? ❑ FJ 19. Are auxiliary aids available to assure accessibility of services to hearing and sight -impaired individuals? YES NO ❑ ❑ PART IV: FOR PROGRAMS OR FACRXI IES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF 550,000.00 OR MORE. 20. Do you have a written affirmative action plan? If NO, explain. I '■ Office Date On -Site ❑ Desk Review 45 In Compliance: YES NO* *Notice of Corrective Act ion Sent Response Due / / N July 2018 — June 2019 CCE 203.18 ATTACHMENT V INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 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.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA Recipients and their Sub -grantees, 45 CFR 80.4 (a). 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 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 policy 46 July 2018 — June 2019 CCE 203.18 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 Area Agency on Aging for Southwest Florida, Inc. 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 1973 requires that a recipient of federal financial assistance conduct a self- evaluation to identify any accessibility barriers. Self-evaluation is a four -step process: 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 program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any alternative resources that can be used to provide equally effective services, 45 CFR 84.52 (d). 21. Programs/facilities with 50 or more employees and $50,000.00 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 1964, as amended. 47 Z July 2018 — June 2019 ATTACHMENT VII BACKGROUND SCREENING CCE 203.18 DEPARTMENT OF BACKGROUND SCREENING ELDER AFFAIRS Affidavit of Compliance - Employer STATE or rwmw AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. D 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 deflnition of a direct service provider. See §§ 435.02, 430.0402, Fla. Stat. D 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 Employer Nome located at Street Address city State ZIP code' I, do herebyaffirm under penalty of perjury Nome of Representative that the above named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level background screening. Signature of Representative STATE OF FLORIDA, COUNTY OF Sworn to (or affirmed) and subscribed before me this_ day of 20� by (Name of Representative) who Is personally known to me or produced Pant, Type, or Stamp commlssfoned Name of Notary Public Notary Public as proof of identification. OOEA Form 235, Affidavit of compliance - Employer, Effective April 2012 Section 43505(3), F.S Form available at: hh-f/dderaffairs stew- fkue/emlidiAreckaround� eanim.uho 48 C July 2018 —June 2019 ATTACHMENT VIII ANNUAL BUDGET SUMMARY COMMUNITY CARE FOR THE ELDERLY PROGRAM for Collier County Board of County Commissioners Collier CCE Services Allocations $ 578,515.00 W, CCE 203.18 �D July 2018 — June 2019 Report Number 1 2 4 5 6 7 8 9 10 11 12 13 14 15 ATTACHMENT IX 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 Request for Payment CCE 203.18 Submit to Agency 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 Legend: * Advance based on projected cash need Note# l: Report #1 for Advance Basis Contracts cannot be submitted to the Area Agency Aging for Southwest Florida, Inc. prior to July 1 or until the contract 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 Agency is dependent on the accuracy of the expenditure report. Note # 2: Report numbers 5 through 14 shall reflect an adjustment of at least one-tenth of the total advance amounts, repaying advances issued the first two months of the agreement. All advance payments made to the Contractor shall be returned to the A g e n c y a n d reported as an advance recoupment on each request for payment. The adjustment shall be recorded in Part C, Line 1 of the report (ATTACIIlVWNT X). Note # 3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency, payment is to accompany the report. Note # 4: ALL Expenditure Reports are due by 12:00 p.m. on the 9"' of each month. IF the 9'" falls on a Saturday, then the report will be due by the 8" by 12:00 p.m. AND IF the 9'" falls on a Sunday, the report will be due by the 10'h by 12:00 p.m. Actual submission of the vouchers to Dept. of Elder Affairs is dependent on the accuracy of the expenditure report which is verified and paid by CIRTS data only. 50 0 July 2018 - June 2019 ATTACHMENT X REQUEST FOR PAYMENT COMMUNITY CARE FOR THE ELDERLY CCE 203.18 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 myimoWedge that this request or refund conforms vMh the terms and the purposes of the above contrast. Prepared by: Date: Approved by: Date: PARTA: BUDGETSUMMARY 1. Approved Contract Amount 2. Previous Funds Received for Contract Period 3. Contract Balance Qine 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 CCE Services $ O.OD TOTAL $ 0.00 § 0.00 $ (AD $ D.00 E 0.00 $ O.OD $ 0.00 § 0.00 $ 0.00 $ D.00 E 0.00 $ 0.00 $ D.00 PART B: CONTRACT FUNDS REQUEST 1. Anticipated Cash Need (1st -2nd months) 2. Net Expenditures For Month (DOEA Form 1050, Pan B, Line 4) 3. TOTAL $ 0.00 $ 0.00 $ O00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ O.OD $ 0.00 PART C: NET FUNDS REQUESTED 1. Less Advance Applied 2. TOTAL FUNDS REQUESTED (Pad B Line 3, minus Part C Line 1) $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 List of Services /Units I Rates provided -See attached report. DOEA FORM 106C R.aed 6W12 51 & July 2018 - June 2019 ATTACHMENT XI RECEIPT AND EXPENDITURE REPORT RECEIPTAND EXPENDITURE REPORT COMMUNITY CARE FOR THE ELDERLY CCE 203.18 PROVIDER NAME, ADDRESS, PHONE#and FEID# Program Funding: THIS REPORT PERIOD: From To CCEAdmin. CONTRACT PERIOD: CCE 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 Bud at For This Report Year to Date Approved Budget $0.00 $0.00 $0.00 #DIV/01 1. State Funds 2. Program Income $0.00 $0.00 $0.00 #DIV/01 3. Local Cash Match $0.00 $0.00 $0.00 #DIV/01 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 Bud at For This Report Year to Date Approved Budget $0.00 $0.00 $0.00 #DIV/01 1. Administrative Services 2. Service5ubcontraclor(s) $0.00 $0.00 $0.00 #DIV/01 3. Adult Protective Services $0.00 $0.00 $0.00 #DIV/DI 4. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV/01 PARTC: OTHER REVENUEAND EXPENDITURES It. interest: III. Advance Recouped I. Program Income (PI) 1. Earned on GR Advance $ $ 1. CCE: PI Collected YTD $ (In 2. Return of GR Advance $ 3. Other Earned $ PART D: CO -PAYMENTS CURRENTMONTH YEAR-TO-DATE 1. Total of Co -payments assessed $ $ 2. Total of Co -payments collected $ $ (For Tracking Purposes only) DOEA FORM 105C Revised 512 512 01 0 52 CP July 2018 — June 2019 ATTACHMENT XII SERVICE RATE REPORT For Collier County Board of County Commissioners CCE 203.18 SERVICE SFY 18/19 REIMBURSEMENT UNIT RATE METHOD OF PAYMENT UNIT TYPE ADULT DAYCARE $11.55 Fixed Fee/Unit Rate . HOURS CASE AIDE $30.50 Fixed Fee/Unit Rate HOURS CASE MANAGEMENT $54.00 Fixed Fee/Unit Rate HOURS CHORE $21.00 Fixed Fee/Unit Rate HOURS CHORE NHANCED $27.30 Fixed Fee/Unit Rate HOURS COMPANIONSHIP $21.00 Fixed Fee/Unit Rate HOURS EMERGENCY ALERT RESPONSE $ 1.18 Fixed Fee/Unit Rate DAYS ESCORT $19.50 Fixed Fee/Unit Rate TRIPS HOME DELIVERED MEALS $ 7.00 Fixed Fee/Unit Rate MEALS HOMEMAKER $19.35 Fixed Fee/Unit Rate HOURS HOUSING IMPROVEMENT Cost Reimbursement Cost Reimbursement EPISODE MATERIAL AID Cost Reimbursement Cost Reimbursement EPISODE OTHER SERVICES Cost Reimbursement Cost Reimbursement EPISODE PERSONAL CARE $23.10 Fixed Fee/Unit Rate HOURS RESPITE IN - FACILITY $11.55 Fixed Fee/Unit Rate HOURS REPITE IN - HOME $23.10 Fixed Fee/Unit Rate HOURS SKILLED NURSING SERVICES $37.80 Fixed Fee/Unit Rate HOURS SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES Cost Reimbursement Cost ReimbursementI EPISODE TRANSPORTATION Cost Reimbursement Cost Reimbursement I TRIPS 1 53 Revised August 2007 Attestation Statement Agreement/Contract Number CCE 203.18 Amendment Number NA 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 Collier County Board of Commissioners (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. for representative Revised August 2007 Approved as to form and legality Assi , nt ounty oi•i ey I I . ,f July 2018 -June 2019 HCE203.18 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. HOME CARE FOR THE ELDERLY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS CONTRACT is entered into between Area Agency on Aging for Southwest Florida, Inc. Collier County Board of County Commissioners (Contractor), collectively referred to as the "Pruties." 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 fo1th, 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 and exhibits, which constitute the contract document. 2. Incorporation of Documents wjthjp the Cop tract; The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Depa1tment handbooks, manuals or desk books , as an integral patt 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 id entified attachments. 3. Term of Contract; This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2018 or on the date the contract has been signed by the last pruty required to sign it, whichever is later. It shall end at eleven fifty-nine (11 :59) P.M., Eastern Standat·d Time June 30, 2019. 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 $54,450.00, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals; By mutual agreement of the Parties, in accordance with Section 287.058(l)(g), Florida Statutes (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 fo1th in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same te1ms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of funds. 6. Compliance wjth Federal Law; 6.1 If this contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations (CFR) 75 and/or 45 CFR Patt 92, 2 CFR Part 200 and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act as amended ( 42 United States Code (U.S.C.) 7401, et seq.), Section 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 2 CFR Patt 1500. The Contractor shall report any violations of the above to the Agency. 1 CID July 2018 -June 2019 HCE203.18 6.1.3 The Contractor, or agent acting for the Contractor, may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any state legislature. The Contractor must complete all disclosure forms as required, specifically the Cettification and Assurances Attachment, which must be completed and returned to the Contract Manager prior to the execution of this contract. 6.1.4 In accordance with Appendix II to 2 CFR Prut 200, the Contractor shall comply with Executive Order 11246, Equal Employment Oppmtunity, as amended by Executive Order 11375 and others, and as supplemented in Deprutment of Labor regulations 41 CFR Patt 60 and in Department of Health and Human Services regulations 45 CFR Pait 92, if applicable. 6 .1.5 A contract awru·d with an amount expected to equal or exceed $25,000.00 and ce1tain other contract awards will not be made to patties listed on the government-wide Excluded Patties List System, in accordance with the 0MB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debru·ment and Suspension." The Excluded Pruties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as patties 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 this contract. The Contractor shall complete and sign the Cettifications and Assw-ances Attachment prior to the execution· of this contract. 6.2 The Contractor shall not employ an unauthori zed alien. The Agency will consider the empl oyment 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. 1101). Such violation will be cause for unilateral cancellation of this contract by the Agency. 6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization repmting requirements (filing a F01m 990 or Form 990-N) and has its tax-exempt status revoked for fai ling to comply with the filing requirements of the Pension Protection Act of2006 or for any other reason, the Contractor must notify the Agency in writing within thitty (30) days of receiving the IRS notice of revocation. 6.4 The Contractor shall comply with Title 2 CFR Patt 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR § 170.1 lO(b ), the Contractor shall comply with the repotting requirements of the Transparency Act as expressed in 2 CFR Part 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 11-1 16, 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 te1m. Contractor shall include in related subcontracts a requirement that s ubcontractors performing work or providing services pw-suant to the state contract utilize the E-verify system to verify employment of all new employees hired by the subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7 . compJiapce wjth state Law; 7.1 This contract is executed and entered into in the State of F lorida, and shall be construed, performed and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws. 7.2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, F.S., and Section 215.97 1, F.S., and expenditures must be in compliance with laws, mies, and regulations, including, but not li mited to, the Reference Guide for State Expenditures. 7.3 The Contractor shall comply with the requirements of Section 287.058 , F.S. as amended. 7.3 .1 The Contractor shall perform all tasks contained in Attachment I. 7.3.2 The Contractor shall. provide units of deliverables, including repotts, findings, and drafts, as specified in Attachment I, to be received and accepted by the contract manager prior to payment. 7.3.3 The Contractor shall comply with the criteria and fina l date by which such criteria must be met for completion of this contract as specifi ed in Attac hment I, Section III. Method of Payment. 2 @ ( July 2018-June 2019 HCE203.18 7.3.4 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. 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit bills for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided in this contract. 7.3.6 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 this 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 for which the Agency may unilaterally terminate this contract. 7.4 If clients are to be transpo1ted under this contract, the Contractor shall comply with the provisions of Chapter 427, F.S., and Rule Chapter 41-2, Florida Administrative Code (F.A.C). 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134, F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F .S., and Section 216.347, F .S., which prohibit the expenditure of contract funds for lobbying the legislature, judicial branch or a state agency. 7.7 In accordance with Section 287.135 F.S., any Contractor on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List (Lists), created pursuant to Section 215.473 F.S. and 215.4725, F.S., or is engaged in a boycott of Israel, or is engaged in business operations in Cuba or Syria, is ineligible to enter into or renew a contract with the Agency for goods or services of$1,000,000 or more. Pursuant to Section 287.135 F.S., the Agency may terminate this contract if the Contractor is found to have submitted a false certification of its status on the Lists or has been placed on the Lists or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria Fmther, the Contractor is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false ce1tification. The Contractor shall complete and sign the Cettifications and Assurances Attachment, prior to the execution of this contract. 8. Background Screening; The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons who meet the definition of a direct service provider and who are not exempt from the Depa1tments level 2 background screening pursuant to Section 430.0402(2), F.S. The Contractor must also comply with any applicable rules promulgated by the Agency and/or Depmtment and the Agency for Health Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision, Contractor shall submit to the Agency, the Background Screening Affidavit of Compliance (Screening Form) upon thitty (30) days of execution of this contract. Should the Agency have a completed Screening Fotm on file for the Contractor, a new Screening Form will be required every twelve (12) months. 8.1 Fmther information concerning the procedures for background screening may be found at http://elderaffairs.state.fl.us/doea/backgroundscreening.php. 9. Grjeyapce Procedures; The Contractor shall develop, implement, and ensure that its subcontractors have established grievance procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints regarding the te1mination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an oppo1tunity for review of the subcontractor's determination(s). 10. Puhljc Records and Retention; 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the Agency to perfonn the contracted services. 3 ,· July 2018 -June 2019 HCE203.18 10.1.2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Agency. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the Agency, all public records in possession of the Contractor, or will keep and maintain public records required by the Agency. If the Contractor transfers all public records to the Agency upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 10.2 The Agency may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Alticle I of the State Constitution and Section 119.07(1), F.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 239-652-6900 or 866-413-5337 11. Audits, Inspections, Ipyestjgatjops; 11.1 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 this contract. Contractor shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information should be related to performance and unit cost data. 11.2 The Contractor shall retain and maintain all client records, financial records, suppo1ting documents, statistical records, and any other documents (including electronic storage media) pe1tinent to this contract for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the Agency. 11.3 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. 11.4 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. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Agency and federal auditors, pursuant to 45 CFR Part 75, will be allowed full access to and the right to examine any of the 4 July 2018 -June 2019 HCE203.18 Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11.6 The Contractor shall provide a Financial and Compliance Audit Attachment to the Agency as specified in this contract and ensure that all related third-party transactions are disclosed to the auditor. 11.7 Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or hearing performed pursuant to Section 20.055, Florida Statutes. Contractor further agrees that it shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to this contract agree to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to Section 20.055(5), F.S. By execution of this contract the Contractor understands and will comply with this subsection. · 12. Nondiscrjmination-Cjyjl Rights Compliance; 12.1 The Contractor shall execute Assurances as stated in the Assurances-Non-Construction Programs Attachment that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion, color, disability, national origin, marital status or sex in compliance with state and federal law and regulations. The Contractor further assures that all Contractors, subcontractors, Sub-grantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures will include notifying clients, employees, and pa1ticipants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor fu1ther assures that all subcontractors, vendors, or others with whom it ananges to provide services or benefits to patticipants or employees in connection with any of its programs and activities are not discriminating against those patticipants or employees in violation of the above statutes, regulations, guidelines, and standat·ds. In the event of failure to comply, the Contractor understands that the Agency may, at its discretion, seek a cowt 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 flllther assistance. 13. Monitoring by the 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 this contract, and to interview any clients, employees, and subcontractor employees of the Contractor to assure the Agency of the satisfactory perfo1mance of the terms and conditions of this contract. 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 determined by the Agency's Contract Manager. 14. Provision of Se1Yices; The Contractor shall provide services in the manner described in Attachment I. 5 July 2018 -June 2019 HCE203.18 15. Coordjpated Mooi1°tine: wjth Other Agepcjes; If the Contractor receives funding from one or more State of Florida human service agencies, in addition to 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 this contract, and pursuant to Section 287.0575, F.S. as amended, Florida's human service agencies shall include the Depaitment of Children and Families, the Department of Health, the Agency for Persons with Disabilities, the Depa1tment of Veterans' Affairs, and the Depa1tment 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, and/or investigators. 16. Ipdempjficatjop; 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 contract 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 negligence of the Agency. · 16.1 Except to the extent permitted by Section 768.28, F.S., or other Florida law, this section 16 is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768.28(2), F.S. 17. Insurance apd Bonding; 17.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full 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 contract. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract. The Contractor shall ensw-e that the Agency has the most cutTent written verification of insmance coverage tlu·oughout the term of this contract. 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 insw-ance as specified in this contract. 17.2 Throughout the term of this contract, 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 disbw-sed under all agreements and/or contracts incorporating this contract by reference in an amount commensw-ate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 18. Copfideptjaljty of Ipformatjop; The Contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 19. Health Josurapce Portability apd Accouptahmty 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 CFRParts 160, 162, and 164). 20. Incident Reporting; 20.1 The Contractor shall notify the Agency immediately but no later than forty-eight ( 48) homs from the Contractor's awareness or discovery of conditions that may materially affect the Contractors or subcontractors ability to perform the services required to be performed under this contract. Such notice shall be made orally to the Agency's Contract Manager (by telephone) with an email to immediately follow. 20.2 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. 6 July 2018-June 2019 HCE203.18 21. New Contract£s} Reportjng; The Contractor shall notify the Agency within ten ( 10) days of entering into a new contract with any of the remaining four (4) state human service agencies. The notification shall include the following information: (1) contracting state agency and the applicable office or program issuing the contract; (2) contract name and number; (3) contract stait and end dates; (4) contract amount; (5) contract description and commodity or service; (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the Contractor shall complete the Provider's State Contracts List, ask Area Agency for a copy of this form. 22. Bankruptcy Notjficatjon; During the term of this contract, the Contractor shall immediately notify the Area Agency on Aging for Southwest Florida, Inc. if the Contractor, its assignees, subcontractors or affiliates file a claim for bankrnptcy. 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 comt name and the division in which the petition was filed (e.g., Middle District of Florida, Fo1t Myers, Florida); and (4) the name, address, and telephone number of the bankruptcy attorney. 23. Sponsorship and Puhljcjty; 23.1 As required by Section 286.25, F.S., if the Contractor is a non-governmental organization which sponsors a program financed wholly or in prut by state funds, including any funds obtained through this contract, it shall, in publicizing, adve1tising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name) and the Area Agency on Aging for Southwest Fl01ida, Inc. and/or State of Florida, Deprutment of Elder Affairs." If the sponsorship reference is in written material, the words "Area Agency on Aging for Southwest Florida, Inc. and/or State of Florida, Depaitment of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 23.2 The Contractor shall not use the words "Area Agency on Aging for Southwest Fl01ida, Inc. and/or State of Florida, Depaitment of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by the Agency and/or Deprutment prior to use. 24. Assjgnments; 24.1 The Contractor shall not assign the rights and responsibilities under this contract 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. 24.2 The State of Florida and/or the Area Agency on Aging for Southwest Fl01ida is, at all times, entitled to assign or transfer, in whole or pait, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the Contractor. In the event the State of Florida and/or the Area Agency on Aging for Southwest Florida, Inc. approves transfer of the Contractor's obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.3 This contract shall remain binding upon the successors in interest of either the Contractor or the Agency. 25. Subcontracts; 25.1 The Contractor is responsible for all work petformed and for all commodities produced pursuant to this contract, 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 fu1ther agrees that the Agency will not be liable to the subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the Agency against any such claims. 25.2 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 Section 287.0585, F.S., unless otherwise stated in the contract between the Contractor and subcontractor, will result in a penalty as provided by statute. 7 , · July 2018 -June 2019 HCE203.18 26. Jpdepepdept capacity of Contractor; It is the intent and understanding of the Patties that the Contractor, and any of its subcontractors, are independent Contractors a.nd 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 fu1ther 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. 27. Payment; Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. The Contract Manager will have final approval of the Contractor's invoice submitted for payment, and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of Section 215.422, F.S. A Vendor Ombudsman has been established within the Florida Department of Financial Services and may be contacted at 800-342-2762. 28. Return o{Fupds; 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 this contract 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 fmthwith, the Contractor shall be charged at the lawful rate of interest on the outstanding balance pursuant to Section 55.03, F.S., after Agency notification or Contractor discove1y. 29. Data Iptegrjty and Safeguardjpg Ju{ormati0u; The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. 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 from all tenninated employees. The Contractor, among other requirements, must anticipate and prepare for. the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovety from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all subcontractors maintain written procedures for computer system backup and recove1y. The Contractor shall complete and sign the Ce1tification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30. Computer Use apd SocjaJ Media Poljcy; The Florida Department of Elder Affairs has implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to all employees, contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third patties, such as, but not limited to, contractors and subcontractors. Any entity that uses the Depattment's computer resource systems must comply with the Department's policy regarding social media. Social Media includes, but is not limited to biogs, podcasts, discussion forums, Wik.is, RSS feeds, video shm"ing, social networks like MySpace, Facebook and Twitter, as well as content shm-ing networks such as Flickr and YouTube. This policy is available on the Depattment's website at: http://elderaffairs.state.fl.us/doea/financial.php. 8 July 2018 -June 2019 HCE203.18 31. 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 pa1ticipate in the selection, or in the award of a contract suppo1ted 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 prutner; or (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the fom selected for award. The Contractor or subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetruy value from Contractors, potential Contractors, or parties to Subcontracts. The Agency's 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 thilty (30) calendar days of the commencement of this contract. The Contractor's employees and subcontractors must make the same disclosures described above to the Agency's board of directors. Compliance with this provision will be monitored. 32. PuhJic Entity Crjme; Pursuant to Section 287.133, F.S-., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real prope1ty to a public entity; may not be awarded or perform work as a Contractor, Supplier, subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period ofthitty six (36) months following the date of being placed on the Convicted Vendor List. 33. Purchasing; 33.1 The Contractor may purchase a1ticles which are the subject of or are required to carry out this contract 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 this contract, the Contractor shall be deemed to be substituted for the Agency insofru· as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, 800-643-8459. 33.2 The Contractor may procure any recycled products or materials, which are the subject of or are required to cru-ry out this contract, in accordance with the provisions of Section 403.7065, F.S. 33.3 The Contractor may purchase articles that are the subject of, or required to cru-ry out, this contract 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 fmth in Section 413.036(1) and (2), F.S. For purposes of this contract, 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 http://www.respectoftlorida.org. This clause is not applicable to subcontractors unless othe1wise required by law. 9 . , July 2018-June 2019 HCE203.18 34. Patents, Capyrji:;hts. Bayaltjes; If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention or material to the Agency to be referred to the Agency and/or Departmrent of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to Section 287.0571(5)(k), as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. 34.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such prope1ty, notwithstanding any agreement made pursuant to this Section 34. 34.2 If this contract is awarded solely federal funding, the terms and conditions are governed by 2 CFR §200.315 or 45 CFR §75.322, as applicable. 34.3 Notwithstanding the foregoing provisions, if the Contractor or one of its subcontractors is a university and a member of the State University System of Florida, then Section 1004.23, F.S., shall apply, but the Agency shall retain a perpetual, fully-paid, nonexclusive license for its use and the use of its Contractors, subcontractors or Assignees of any resulting patented, copyiighted or trademarked work products. 35. Emeri:;eus:y fo:paredpess and Captjpuity a{ Qperatiaus; 35.1 If the tasks to be perfo1med pursuant to this contract 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 this contract, submit to the Agency's Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the Agency of emergency provisions. 35.2 In the event a situation results in a cessation of services by a subcontractor, the Contractor shall retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. Egujpmept; 36.1 Equipment means: (a) tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit 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 funds -2 CFR §200.33 and 45 CFR §75.2, as applicable], 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 (1) 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]. 36.2 Contractors and subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written prope1ty management standards in compliance with 2 CFR Pait 200 Administrative Requirements (formerly 0MB Circular A-110) that include: (a) a prope1ty list with all the elements identified in the circular; (b) a procedure for conducting a physical inventory of equipment at least once every two (2) 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 prope1ty 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 Agency's Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the Agency's Contract Manager. 10 @ July 2018-June 2019 HCE203.18 36.3 The Contractor's prope1ty management standards for equipment (including replacement equipment), whether acquired in whole or in patt with federal funds and federally-owned equipment shall, as a minimum, meet the following requirements and to include accurately maintained equipment records with the following information: 36.3.1 Prope1ty records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government) and cost; 36.3.6 Information from which one can calculate the percentage of federal pa1ticipation in the cost of the equipment (not applicable to equipment furnished by the federal government); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost; and 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine cw-rent fair market value where a Contractor compensates the federal awarding agency for its shai·e. 36.3.10 A physical inventory must be taken and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must be developed .to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 36.3.12 Adequate maintenance procedmes must be developed to keep the property in good condition. 36.3.13 If the Contractor is authorized or required to sell the equipment, proper sales procedmes must be established to ensure the highest possible return. 36.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state funds with an acquisition cost over $1,000.00 is patt of the cost of catTying out the activities and functions of the grant awards and Title (ownership) will vest in the Contractor [for federal funds see 2 CFR §200.313(a) and 45 CFR §75.320(a), as applicable], subject to the conditions of 2 CFR Patt 200 and/or 45 CFR Patt 75. Equipment purchased under these thresholds is considered supplies and is not subject to prope1ty standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this contract, or identified in the sub-agreements with subcontractors (not included in a cost methodology), is subject to the conditions of Chapter 273, F. S. and 60A-1.017, F. A. C. and 2 CFR Part 200 and/or 45 CFRPa1t 75. 36.5 The Contractor shall not dispose of any equipment or materials provided by the Agency, or purchased with funds provided through this contract without first obtaining the approval of the Agency's Contract Manager. When disposing of prope1ty or equipment the Contractor must submit a written request for disposition instructions to the Agency's Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal pa1ticipation, acquisition date and condition of the prope1ty. The request should also indicate the Contractor's proposed disposition (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 36.6 The Agency's Contract Manager will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR §200.313 or 45 CFR §75.320, as applicable. 36.7 Real prope1ty means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real prope1ty may not be purchased with state or federal funds tlu-ough agreements covered under this contract without the prior approval of the Agency. Real prope1ty purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Section 3030b U.S.C. Real prope1ty purchases from state funds can only be made through fixed capital 11 (%) July2018-June2019 HCE203.18 outlay grants and aids appropriations and therefore are subject to the provisions of Section 216.348, F.S. 36.8 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. 36.9 The Contractor must adhere to the Agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this 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. 37. PJJB 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at: http://www.myfloridacom/apps/vbs/adoc/F7740 PURlO0O.pdf In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 38. Use of state Funds to Purchase or Improve Real Property; Any state funds provided for the purchase of or improvements to real prope1ty are contingent upon the Contractor or political subdivision granting to the state a security interest in the prope1ty at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as fu1ther required by law. 39. Djspute Resolutjon; Any dispute concerning performance of the contract shall be decided by the Agency's Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Financial Consequences; If the Contractor fails to meet the minimum level of service or performance identified in this contract, the Agency will impose financial consequences as stated in Attachment I. 41. No Waiver of Sovereign Immunity; Nothing contained in this contract is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 42. Venue; If any dispute arises out of this contract, the venue of such legal recourse shall be Lee County, Florida. 43. Entire contract; This contract contains all the terms and conditions agreed upon by the Patties. No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Patties. 44. Force Majeure; The Patties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the pa1ty experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable eff01ts to cure the condition. 45. Seyerahjljty Clause; The Patties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condjtjon Precedent to Contract Approprjatjons; The Parties agree that the Agency's performance and obligation to pay under this contract is contingent upon an annual 12 I' July 2018-June 2019 HCE203.18 appropriation by the Legislature. 47. Addjtjon/DeJetjon; The Parties agree that the Agency reserves the right to add or to delete any of the services required under this contract when deemed to be in the State of Florida's best interest and reduced to a written amendment signed by both Parties. The Patties shall negotiate compensation for any additional services added. 48. Waiver; The delay or failure by the Agency to exercise or enforce any of its rights under this contract 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 fmther exercise thereof or the exercise of any other right. 49. 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 Patties agree that failure of the Contractor to abide by these laws shall be deemed an event of default of the Contractor, and subject the contract to immediate, unilateral cancellation of the contract at the discretion of the Agency. 50. Final Invoice; The Contractor shall submit the final invoice for payment to the Agency no later than thirty (30) days upon the contract ending date unless otherwise specified in Attachment I. If the Contractor fails to do so, all right to payment is forfeited and the Agency may not honor any requests submitted after the aforesaid time period. Any payment due under the te1ms of this contract may be withheld until all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 51. Rene~otjatjons of Modifications; Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollm amount may be adjusted retroactively 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. 52. Suspension of Work; The Agency may in its sole discretion suspend any or all activities under the contract or purchase order, at any time, when in the best interests of the State to do so. The Agency shall provide the Contractor written notice outlining the patticulms 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 (90) 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. 53. Termjnatjon; 53.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate this contract in whole or in patt when the Agency determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 13 July 2018 -June 2019 HCE203.18 53.2 Termination for Cause. The Agency may terminate this 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 contract, 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 Pruties 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. 53.3 Upon termination of this contract, the Contractor and subcontractors shall, at no cost to the Agency, transfer all public records in their possession to the Agency and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 54. Electronic Records and Sji:;nature; 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 contract. A Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, Section 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 29, 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 this contract. 54.1 The Agency's authorization pursuant to this section does not authmize electronic transactions between the Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 54.2 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 identify the person and the person's capacity who electronically signed the document on any non-electronic copy of the document. 55. Contract Manai:;er; The Agency may substitute any Agency employee to serve as the Contract Manager. An email submitted by the Agency to the Contractor shall constitute sufficient notice of such change. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK 14 C July 2018 -June 2019 HCE203.18 56. Official Payee apd Representatives <Names, Addresses, apd Telephone Numbers}i The Contractor name, as shown on page 1 of this Collier County Board of County Commissioners a. contract, and mailing address of the official payee to %Collier County Community and Human Services 3339 E Tamiami Trail, Suite 211 whom the payment shall be made is: Naples, FL 34112 The name of the contact person and street address Kimberley Grant, Director Collier County Board of County Commissioners b. where financial and administrative records are %Collier County Community and Human Services maintained is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 Kimberley Grant, Director c. The name, address, and telephone number of the Collier County Board of County Commissioners representative of the Contractor responsible for %Collier County Community and Human Services administration of the program under this contract is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 (239) 252-2273 The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc. d. Requests for Payment and Receipt and Expenditure 15201 N011h Cleveland Avenue, Suite 1100 No11h F011 Myers, FL 33903 forms are to be mailed is: The name, address, and telephone number of the Tammy Rhoades, Vice President of Finance e. Contract Manager for this contract is: Area Agency on Aging for Southwest Florida, Inc. 15201 North Cleveland A venue, Suite 1100 No11h F011 Myers, FL 33903 239-652-6900 Upon change ofrepresentatives (names, addresses, telephone numbers) by either paity, notice shall be provided in writing to the other patty. 57. An Terms apd Conditions Ipciudedj This contract and its Attachments, I -XIV including 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 m·e no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Patties hereto have caused this contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: COLLIER COUNTY BOARD OF ComJJ~~»RS SIGNED BY: =~-.....:c.---",. ~#,!4-----"~-=ce~-;,,.---NAME: Stephen Y Carnell TITLE: Public Service Department Head DATE: June.J7,2018 Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 DUNS: 076997790 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: ~ xfc/m¼', NAME: MARIANNE G LORIN! TITLE: PRESIDENT/CEO DATE: 6 / :2>1pf I Approved as to form and legality 15 ~~y~~'5 4\o-C9@ July 2018 -June 2019 HCE203.18 INDEX OF ATTACHMENTS ATTACHMENT! STATEMENT OF WORK ................................................................................................................................ 17 A ITACHMENT II FINANCIAL AND COMPLIANCE AUDIT ................................................................................................... 31 ATTACHMENT III CERTIFJCATIONS AND ASSURANCES ...................................................................................................... 37 A ITACHMENT IV ASSURANCES-NON-CONSTRUCTION PROGRAMS ............................................................................. 40 ATTACHMENT V FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST ............ 42 ATTACHMENT VII BACKGROUND SCREENING ....................................................................................................................... 47 ANNUAL BUDGET SUMMARY ................................................................................................................... 48 ATTACHMENT X INVOICE REPORT SCHEDULE ................................................................ ; ................................................... 49 A IT ACHMENT XI REQUEST FOR PAYMENT ............................................................................................................................ 50 ATTACHMENT XII RECEIPT AND EXPENDITURE REPORT .................................................................................................... 51 A ITACHMENT XIV SERVICE RATE REPORT .............................................................................................................................. 52 16 July 2018-June 2019 I. SERVICES TO BE PROVIDED A. Definitions of Terms 1. Acronyms Area Agency on Aging (AAA) ATTACHMENT I STATEMENT OF WORK Access Priority Consumer List (APCL or Wait list) Adult Protective Services (APS) Adult Protective Services Referral Tracking Tool (ARTT) Code of Federal Regulations (CPR) Corrective Action Plan (CAP) Community Care for Disabled Adults (CCDA) Community Care for the Elderly (CCE) Client Information and Registration Tracking System (CIR.TS) Depa1tment of Children and Families (DCF) Florida Administrative Code (F .A.C.) Florida Depattment of Elder Affairs (DOEA or Department) Florida Statutes (F.S.) Home Care for Disabled Adults (HCDA) Home Care for the Elderly (HCE) Institutional Care Program (ICP) Notice of Instruction (NOi) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) United States Code (U.S.C.) 2. Program-Specific Terms HCE203.18 Aging Out: The condition of reaching sixty (60) years of age and being transitioned from DCF Services, CCDA or HCDA services to the Agency's community-based services. Area Plan: A plan developed by the Agency outlining a comprehensive and coordinated service delivery system in its PSA in accordance with the Section 306 of the Older Americans Act (42 U.S.C. § 3026) and Depaitment 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 and/or contractor enters HCE-specific data into 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 (DOEA Handbook): An official document of DOEA. Handbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers ofDOEA funded programs. An annual update is provided through a NOL 17 July 2018 -June 2019 HCE203.18 Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive living arrangement. NOi: The Deprutment's established method to communicate to the Agency, Contractor, and subcontractor the requirement to perform a pruticulru· task or activity. NOis are located on the Depattment's website at http://elderaffairs.state.fl.us/doea/nois. php. Program Highlights: Success stories, quotes, testimonials, or human-interest vignettes that are used in the SOPS to demonstrate how programs and services help elders, families, and cru·egivers. Summary of Programs and Services (SOPS): A document produced by the Depattment and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. B. GENERAL DESCRIPTION 1. General Statement The purpose of the HCE Program is to encourage the provision of cru·e for elders in family-type living arrangements in private homes as an alternative to nursing homes or other institutional care settings. 2. Home Care for the Elderly Program Mission Statement The HCE Program assists cru·egivers of three (3) or fewer elders, living in private homes, through the provision of a basic subsidy for maintenance and supervision, as well as other necessary specialized services. 3. Authority The relevant authority governing the HCE Program includes: a. Rule Chapter 58H-1, F.A.C.; b. Sections 430.601, 430.602, 430.603, 430.604, 430.605, 430.606, 430.608, F.S.; and c. The Catalog of State Financial Assistance (CSFA) Number 65001. 4. Scope of Service The Contractor is responsible for the programmatic, fiscal and operational management of the HCE Program. The program services shall be provided in a manner consistent with the Agency's current Area Plan, as updated, and the current DOEA Handbook, which are incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOEA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOL 5. Major Program Goals The major goals of the HCE Program ru·e to ensure that: a. A basic subsidy is provided to the cru·egiver of each client; and b. A special subsidy is provided when essential to the well-being of the client. C. Clients to be Served 1. General Description The HCE Program serves elders age sixty (60) and older at risk of placement in a nursing home or other institutional setting who can remain in a family-style setting with a caregiver through the provision of subsidies. 18 July 2018-June 2019 HCE203.18 2. Client Eligibility Clients eligible to receive services under this conh·act must: a. Be sixty (60) years of age or older; b. Have income no greater than the ICP standard; c. Meet the ICP asset limitation; d. Be at risk of nursing home placement; e. 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 f. Not be enrolled in a Medicaid capitated long-term care program. 3. Caregiver Eligibility Caregivers eligible to receive services under this contract must: a. Be at least eighteen (18) years of age; b. Be capable of providing a family-type living environment; c. 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 arranged to provide home care services; d. Be willing to accept responsibility for the social, physical, and emotional needs of the care recipient; e. Be physically present and live in the home to provide supervision and to assist in arrangement of services for the client; f. Maintain the residential dwelling free of conditions that pose an immediate threat to the life, safety, health and well-being of the home care client; and g. Be without record of conviction of abuse, neglect or exploitation of another person. 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. 5. Contract Limits In no case shall the Contractor be required to incur costs in excess of the conh·act amount in providing services to the clients. 6. Clients Served The Conh·actor shall not directly provide services to clients. II. MANNER OF SERVICE PROVISION A. Service Tasks To achieve the goals of the HCE Program, the Contractor shall perform, or ensure that its subconh·actors perform, the following tasks: 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 Section I.C.2. and 3. 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 to serve new clients being assessed and prioritized for service delivery. 19 July 2018 -June 2019 HCE203.18 a. 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. b. Aging Out individuals: Individuals receiving CCDA and HCDA services through DCF Adult Services transitioning to community-based services provided tlu·ough the Agency when services are not currently available. c. Service priority for individuals not included in a., c., and d. above, regardless of refenal 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 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. 3. Program Services The Contractor shall ensure the provision of program services is consistent with the Agency's current Area Plan, as updated and approved by the DOEA, and the current DOEA Handbook. B. Staffing Requirements 1. Staffing Levels The Contractor shall assign its own administrative and support staff as needed to perform the tasks, responsibilities and duties under this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. 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 th.rough Friday, 8:00 A.M. to 5:00 P.M local time. 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 circumstance occurs that may result in a delay for a period of sixty (60) days or more the initiation of the subcontract or the performance of the subcontractor, the Contractor shall notify the Agency's Contract Manager 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. The Agency will not be responsible or liable for any obligations or claims resulting from such action. a. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the Agency's Contract Manager within thirty (30) days of the subcontract being executed. b. 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. 20 July 2018-June 2019 HCE203.18 c. Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor monitoring repo1ts to the Agency's Contract Manager within thirty (30) days of the report being issued to the subcontractors, subrecipients, vendors, and/or consultants. C. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1. Delivery of Services to Eligible Clients The Contractor shall ensure the provision of a continuum of se1vices that meets the diverse needs of the functionally impaired elders and their caregivers. The Contractor shall ensure performance and reporting of the following services are in accordance with the Agency's current Department-approved Area Plan, the cwTent DOEA Handbook, and Section II.A.1-3 of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of se1vice units provided by se1vice, and rate per service unit with calculations that equal the total invoice amount. The se1vices include the following categories: a. Basic Subsidy The Contractor shall ensure that the Basic Subsidy is a cash payment made to an approved caregiver each month to reimburse expenses incurred in caring for the client as detailed in II.C. l. b. and the current DOEA Handbook. The Basic Subsidy is provided for supp01t 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 pa1t of the month. If the client is hospitalized or in any other temporary institution for thirty (30) days or less, the full Basic Subsidy shall be provided to the caregiver as if the client were in the home. b. Calculating the Basic Subsidy The Basic Subsidy shall be based on the financial status of the client receiving care. If 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 cunent DOEA Handbook. c. Special Subsidy Services The Contractor shall ensure that the Special Subsidy payments are pre-authorized and are based on additional specialized medical or health care se1vices, 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 se1vices 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 pa1t of the month. Special Subsidy se1vices may be authorized through a subcontractor agreement. All Special Subsidy services must be performed in accordance with the Current DOEA Handbook. Special Subsidy se1vices include the following: 21 ® July 2018-June 2019 1) Adult Day Care 2) Adult Day Health Care 3) Caregiver Training/Support 4) Chore 5) Chore (Enhanced) 6) Counseling (Gerontological) 7) Counseling (Mental Health/Screening) 8) Home Health Aide Service 9) Homemaker 10) Home Delivered Meals d. Access to, and Coordination of, Services HCE203.18 11) Housing Improvement 12) Material Aid 13) Occupational Therapy 14) Other 15) Personal Care 16) Physical Therapy 17) Respite (Facility Based or In-Home) 18) Skilled Nursing Services 19) Specialized Medical Equipment, Services and Supplies 20) Speech Therapy 21) Transportation The Contractor shall ensure, through case management and case aide services, that the HCE client's needs are documented and needed services are planned, arranged and coordinated for the client and caregiver. 2. Service Units The Contractor shall ensure that the provision of services described in this contract is ,in accordance with the cmTent DOEA Handbook and the service tasks described in Section II.A. The Service Rate Repmt 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 Agency's Area Plan as updated, as shown in Service Rate Repmt, and approved by the Agency. D. Reports The Contractor shall respond within ten (10) business days to the Agency's request for routine and/or special requests for information and ad hoc reports. The Contractor must establish due dates for any subcontractors that permit the Contractor to meet the Agency's reporting requirements. 1. CffiTS Reports The Contractor shall input BCE-specific data into CIRTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following: a. Client Repo1ts; b. Monitoring Repmts; c. Services Repmts; d. Miscellaneous Repmts; e. Fiscal Repmts; f. Aging and Disability Resource Center Repo1ts; and g. Outcome Measurement Repo1ts. 2. Annual Service Cost Reports a. The Agency shall require Contractors to submit Annual Service Cost Repmts, which reflect actual costs of providing each service by program. Service Cost Repmts for all contracts are due by February 25, 2019 for the prior calendar year. This Annual Service Cost Repmt provides information for planning and negotiating unit rates. b. Unit Cost Methodology worksheets must be submitted by April 30 of each year, if a rate increase is being requested for any service in the next contract year. 22 ® I• July 2018-June 2019 HCE203.18 3. Surplus/Deficit Report The Contractor shall submit a Consolidated Surplus/Deficit Repo1t, Lead Agency Spending Repo1t, in a format provided by the Agency, to the Agency Contract Manager by the 18th of each month. This Consolidated Sw-plus/Deficit Rep01t is for all agreements and contracts between the Contractor and the Agency and must include the following: a. A list of all subcontractors and their current status regarding surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; c. Recommendations to transfer funds to resolve surplus/deficit spending; d. Input from the Agency's Board of Directors on resolution of spending issues, if applicable; E. Records and Documentation 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the Agency or authorized individuals upon request. 2. CffiTS Data and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in CIRTS or any such system designated by the Agency. 3. Data Integrity and Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of 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. 4. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the Agency upon request. F. Performance Specifications 1. Outcomes and Outputs (Performance Measures) The Contractor must: a. Ensure the prioritization of clients and provision of service to clients in accordance with Section II.A.1-2. of this contract; b. Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section 11.D of this contract; c. Timely and accurately submit to the Agency all required documentation and repo1ts described in Section 11.E; 23 ® July 2018-June 2019 HCE203.18 d. Timely (in accordance with Attachment X) and accmately submit Attachments XI, XII and suppmting documentation; and e. Develop and document strategies in the Area Plan to suppo1t the Agency's standard of performance achievement, including increases for the following: i. Percent of most frail elders who remain at home or in the community instead of going into a nursing home; ii. Percentage of active clients eating two or more meals per day; iii. Percent of new service recipients whose ADL assessment score has been maintained or improved; iv. Percent of new service recipients whose IADL assessment score has been maintained or improved; v. After service intervention, the percentage of caregivers who self-repmt being very confident about their ability to continue to provide care; vi. Percent of clients who are at imminent risk of nursing home placement who are served with community based services; and vii. Percent of elders assessed with high or moderate risk environments who improved their environment score. . 2. The Contractor's performance of the measures in II.F .1., above, will be reviewed and documented in the Agency's Annual Programmatic Monitoring Repo1t. 3. Monitoring and Evaluation Methodology 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, and/or on-site visit(s). 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: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and follow-up on-site visits; c. Client visits; d. Review of independent auditor's repmts; e. Review of third-party documents and/or evaluation; f. Review of progress repmts; g. Review of customer satisfaction surveys; h. Agreed-upon procedures review by an external auditor or consultant; i. Limited-scope reviews; and j. Other procedures as deemed necessa1y. 24 ® July 2018 -June 2019 HCE203.18 G. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor, and for which, by execution of this contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of the contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. H. Agency Responsibilities 1. Agency Obligations The Agency may provide technical suppmt and/or assistance to the Contractor within the resources of the Agency to assist the Contractor in meeting the requirements of this contract. The technical support and/ or assistance, or lack thereof, shall not relieve the Contractor from full performance of contract requirements. 2. Agency Determinations The Agency reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Agency setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. III. METHOD OF PAYMENT A. Payment Methods Used The Method of Payment for this contract is a combination of fixed-fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section II, Manner of Service Provision, and in accordance with other terms and conditions of this contract. 1. Fixed Fee/Unit Rate Payments for Fixed Fee/Unit Rate shall not exceed amounts established in Service Rate Repmt. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in the Service Rate Report. All Cost Reimbursement Requests for Payment must submit the Request for Payment as well as the Receipt and Expenditure Repmt beginning with the first month of this contract. 3. Advance Payments The Contractor may request up to two (2) months of advances at the sta1t 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 ("budget release"). The Contractor's requests for advance require the written approval of the Agency Contract Manager. The Contractor shall provide the Agency Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If sufficient budget is available, the Agency may issue approved advanced payments after July 1st of the contract year. a. Any advance payments the Contractor requested for subcontractors must be distributed within seven (7) 25 ® . I I July2018-June2019 HCE203.18 days of receipt of payment from the Agency. The Contractor shall submit to the Agency documentation to suppo1t full distribution of advance funds with rep01t number 5, due to the Agency on October 9, in accordance with the Invoice Report Schedule. b. All advance payments retained by the Contractor must be fully expended no later than September 30, 2018. Any p01tion of advance payments not expended must be recouped on the Invoice Report Schedule, report number 5, due to the Agency on October 9, in accordance with the Invoice Repo1t Schedule. c. All advance payments made to the Contractor shall be reimbursed to the Agency as follows: At least one--tenth of the advance payment received shall be repo1ted as an advance recoupment on each Request for Payment, starting with repott number 5, in accordance with the Invoice Report Schedule. B. Method oflnvoice Payment Payment shall be made upon the Contractor's presentation of an invoice subsequent to the acceptance and approval by the Agency of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1. Have a Remittance Address that corresponds exactly to the "Remit To" address provided; 2. Request payment monthly for the units of services established in the Agency's approved Area Plan, provided in conformance with the requirements as described in the current DOEA Handbook, at the rates established in Service Rate Report of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Any requested changes to the approved budget subsequent to the execution of the contract, must be submitted to the Agency's Contract Manager for written approval. Any change to the total contract amount requires a formal amendment; 3. The Contractor shall consolidate all subcontractors' Requests for Payment and Expenditure Rep01ts that suppo1t Requests for Payment and shall submit to the Agency using the attached Request for Payment form, Receipt and Expenditure Repo1t for services, which must include itemized expenditure categories; and 4. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month of this contract. The schedule for submission of advance requests (when available) and invoices is listed in the Invoice Schedule. C. 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 Conh·actor and any adjustments thereto, including any disallowance not resolved. D. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than July 25, 2019. E. HCE Subsidy Data Entries Schedule The Contractor must ensure all data for HCE subsidies are entered in 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 16th of the previous month and including billing up to the 15th of the current month. 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 Rep01t is generated. (Case management data entered into CIRTS by the entered prior to the 9th of the month shall be for units of service provided during the previous billing month from the 1st and up to and including the last day of the previous month and also entered before submitting billing repo1ts which are due by the 9u, of 26 ® . • July 2018 -June 2019 each month) F. CffiTS Data Entries for Subcontractors HCE203.18 The Agency must require Contractors to enter all required data for clients and services in the CIRTS database per the current DOEA Handbook and the CIRTS User Manual -Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Contractors must enter this data, CA V and CMV for the previous month's billing, no later than the 9°1 of each month into CIRTS prior to submitting their requests for payment and expenditure reports to the Agency. The Contractor shall establish deadlines for completing CIRTS data entry and ensure compliance with due dates for the Requests for Payment and Expenditure Repo1ts that Contractor must submit to the Agency. When the Area Agency requests backup documentation, the Contractor must submit billing receipts over $150 (total for the month). G. Time Limits Upon request from the Area Agency, the caregiver must submit the receipts to the case manager within 30 days. Caregivers will be reimbursed within 60 days of submitting the original receipt to the Contractor. The receipts must be less than 60 days. H. Contractors' Monthly CffiTS Reports The Agency must require Contractors to run monthly CIRTS rep01ts and verify that client and service data in the CIRTS is accurate. This repmt 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 Repmts may be approved by the Agency. I. Corrective Action Plan 1. Contractor shall ensure 100% of the deliverables identified in Section II.D.1-3 of this contract are performed pursuant to contract requirements. 2. If at any time the Contractor is notified by the Agency Contract Manager that it has failed to correctly, completely, and/or adequately perform contract deliverables identified in Section II.D.1-3 of this contract, the Contractor will have ten (10) days to submit a CAP to the Agency Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the Agency Contract Manager. The Agency shall assess a Financial Consequence for Non-Compliance on the Contractor as referenced in Section III.J. of this contract 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. If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, the Agency shall deduct the percentage established in Section III.J. of this contract from the payment for the invoice of the following month. 4. If Contractor fails to timely submit a CAP, the Agency shall deduct the percentage established in Section III.J. of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. J. Financial Consequences The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section ILE of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in Section II.E. of this contract. 1. Delivery of services to eligible clients as referenced in Section II.A.1-3 and Section II.E. l of this contract -Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will 27 July 2018 -June 2019 HCE 203.18 result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency-approved CAP, referenced in Section III.H. 2. Services and units of services as referenced in Section II.D.2 of this contract -Failure to provide services in accordance with the cunent DOEA Handbook, the service tasks described in Section II.A, and submission of required documentation will result in a 2% reduction of payment per business day. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency is not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section III.H. 3. Timely submission of a CAP -Failure to timely submit a CAP within ten (10) business days after notification of a deficiency by the Agency Contract Manager will result in a 2% reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section III.H. 4. Exceptions may be granted solely, in writing, by the Agency contract manager. II. SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the Agency Contract Manager in writing no later than June 30, 2019. Email requests are considered acceptable. B. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the contract period. If the Agency qetermines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other provider agencies during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. C. Remedies for Nonconforming Services 1. The Conh·actor shall ensure that all goods and/or services provided under this contract are delivered timely, completely and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. 2. If the 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 ce1tifies 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. D. Incident Reporting The Contractor shall notify the Agency immediately but no later than forty-eight ( 48) hours from the Contractors awareness or discovery of changes that may materially affect the Contractor or any subconh·actor's ability to perform the services required to be pe1formed under this contract and in authorizing proviso. Such notice shall be made orally to the Agency Conh·act Manager (by telephone) with an email to immediately follow, including the Conh·actor's plan for provision of services authorized in proviso. E. Investigation of Criminal Allegations 28 July2018-June2019 HCE203.18 Any report that implies criminal intent on the part of the Contractor or any subcontractors and referred to a governmental or investigatory agency must be sent to the Agency. 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 Contract Manager at the Agency 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's Contract Manager with a summary of the investigation and allegations. F. 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 pruticipants (such as organizations cruTying out federal service programs administered by the Corporation for National and Community Service). G. Enforcement 1. In accordance with Section 430.04, F.S., the Agency shall rescind designation of a lead agency or take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the Agency, placement on probationruy status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the Agency finds that any of the following have occurred: a. An intentional or negligent act of the Contractor has materially affected the health, welfru·e, or safety of clients, or substantially and negatively affected the operation of an aging services program. b. The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. c. Contractor has committed multiple or repeated violations of legal and regulatory requirements, regardless of whether such laws or regulations are enforced by the Agency, or the Contractor has committed multiple or repeated violations of Agency standru·ds. d. The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency. e. The Contractor has exceeded its authority or otherwise failed to adhere to the te1ms of this contract with the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the Agency. f. The Contractor has failed to properly determine client eligibility as defined by the Agency or efficiently manage program budgets. g. The Contractor has failed to implement and maintain an Agency-approved client grievance resolution procedure. 2. The Agency may, at its sole discretion, in accordance with Section 430.04, F.S., take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporru·y assumption of the operation of one or more contractual services, placement of the Contractor on probationa1y status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 3. In making any detennination under this provision the Agency may rely upon findings of another state or federal agency, or other regulatory body. Any claims for damages for breach of contract are exempt from 29 July2018-June2019 HCE203.18 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 a lead agency designation, the Agency shall follow the procedures set forth in 42 U.S. C. §3025(b). H. Contract Modifications The Agency's Contract Manager has the authority to modify and/or extend deliverable deadlines. All deliverable extension requests must be made, in writing prior to the required deadline, to the Agency's Contract Manager. All approvals for deliverable extensions must be communicated, in writing, by the Agency's Contract Manager to Contractor and are subject to the discretion of the Agency's Contract Manager. The requests and the approval must occur prior to the established deadline. An e-mail writing (request and response) is considered acceptable. END OF ATTACHMENT 30 July 2018-June 2019 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT HCE 203.18 The administration of resources awarded by the Agency 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 2 CFR Part 200 (fmmerly 0MB 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 0MB Circular A-133, as revised, and/or other procedures. By entering into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Agency to the Contractor regarding such audit. The Contractor fmther agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessaiy by the Vice President of Finance 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 2 CFR Part 200, Subpart A. If the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Patt 200. Financial Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. In determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awai·ds, including federal resources received from the Agency. The determination of amounts of Federal awards expended should be in accordance with 2 CFR Patt 200. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of 2 CFR Patt 200 will meet the requirements of this patt. In connection with the audit requirements addressed in Patt I, pai·agraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §200.508. If the Contractor expends less than $750,000.00 in federal awai·ds in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Prut 200 is not required. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Prut 200 the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance with this patt shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Agency shall be based on the contract's requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit repmt with reference to the Area Agency on Aging for Southwest Florida, Inc. contract involved. If not otherwise disclosed as required by 2 CFR §200.510 the schedule of expenditlll'es of federal awards shall identify expenditures by contract number for each contract with the Agency in effect during the audit period. Financial repmting packages required under this patt must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Contractor's fiscal yeru· end. ' 31 July 2018-June 2019 HCE203.18 PART II: STATE FUNDED This pait is applicable if the Contractor is a non-state entity as defined by Section 215.97(2), F.S. If the Contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Depaitment of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awai·ded through the Agency by this contract. 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 Agency, 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 II, pai·agraph 1, the Contractor shall ensme that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial repmting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the 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. Compliance findings related to contracts with the Agency shall be based on the contract'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 contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otherwise disclosed as required by Rule 691-5.003, F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Agency in effect during the audit period. Financial repmting packages required under this pa1t must be submitted within 45 days after delivery of the audit repo1t, but no later than 12 months after the Contractor's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit repott, but no later than 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this po1tion, the Agency retains all right and obligation to monitor and oversee the petformance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of repmting packages for audits conducted in accordance with 2 CFR Part 200 and required by Patt I of this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR §200.512 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: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 32 July 2018-June 2019 HCE203.18 For fiscal year 2013 and earlier to the Federal Audit Clearinghouse designated in 2 CFR §200.36 at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10n, Street Jeffersonville, IN 47132 For fiscal year 2014 and later, pursuant to 2 CFR §200.512, the reporting package and the data collection form must be submitted electronically to the Federal Audit Clearinghouse. Pw·suant to 2 CFR §200.512, all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of 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: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial rep01ting_ packages required by this contract's Financial Compliance Audit Attachment, Part II shall be submitted by or on behalf of the Contractor directly to each of the following: Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Tammy Rhoades, VP of Finance 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 repmts, management letter, or other information required to be submitted to the Agency pursuant to this contract shall be submitted timely in accordance with 2 CFR Patt 200, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Contractors, when submitting financial repo1ting packages to the Agency for audits done in accordance with 2 CFR Pait 200 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 rep01ting package was delivered to the Contractor in conespondence accompanying the repmting package. PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the Contract Manager or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Agency or its designee, Contract Manager, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Agency. 33 ( July 2018 -June 2019 HCE203.18 ATTACHMENT II-EXHIBIT 1 PART I: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of2 CFR Patt 200 and/or Section 215.97, F.S. Contractors who are determined to be recipients or sub-recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set f01th in Prut I and/or Part II of Exhibit I are met. Contractors who have been determined to be vendors are not subject to the audit requirements of2 CFR §200.38, and/or Section 215.97, F.S. Regru·dless of whether the audit requirements are met, Contractors who have been determined to be recipients or sub-recipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Patt 200 and/or Rule 691-5.006, F.A.C., Contractor has been determined to be: __ Vendor not subject to 2 CFR §200.38 and/or Section 215.97, F.S. _K_Recipient/sub-recipient subject to 2 CFR §200.86 and §200.93 and/or Section 215.97, F.S. __ Exempt organization not subject to 2 CFR Patt 200 and/or Section 215.97, F.S. For Federal awru·ds, for-profit organizations ru·e exempt; for state financial assistance projects, public universities, community colleges, district school boru·ds, branches of state (Florida) government, and chatter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and or state financial assistance and has been approved by the Agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-5.006, F.A.C. [state financial assistance] and 2 CFR §200.330[federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AW ARDS OR STATE MATCHING FUNDS ON FEDERAL AW ARDS. Contractors who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a sub-recipient must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR §200.416 -§200.417 -Special Considerations for States, Local Governments and Indian Tribes* 2 CFR §200.201 -Administrative Requirements** 2 CFR §200 Subpatt F -Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set f01th in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR §200.400 -§200.411 -Cost Principles* 2 CFR §200. l 00 -Administrative Requirements 2 CFR §200 Subpart F -Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF AP ART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR §200.418-§200.419-Special Considerations for Institutions of Higher Education* 2 CFR §200. l 00 -Administrative Requirements 2 CFR §200 Subpart F -Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set fotth in program laws, rules and regulations 34 July 2018 -June 2019 HCE203.18 *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in 2 CPR §200.400(5) (c). **For funding passed through U.S. Health and Human Services, 45 CFR Patt 75; for funding passed through U.S. Deprutment of Education, 34 CPR Prut 80. STATE FINANCIAL ASSISTANCE. Contractors who receive state financial assistance and who are determined to be a recipient/sub-recipient must comply with the following fiscal laws, rules and regulations: Sections 215.97 & 215.971, F.S. Chapter 691-5, F.A.C. State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set f01th in program laws, rules and regulations 35 July 2018-June 2019 HCE203.18 ATTACHMENT II-EXHIBIT 2 FUNDING SUMMARY ~Title 2 CFR, as revised, and Section 215.97, F.S. require that the information about Federal Programs and State Projects included in Attachment II, Exhibit I be provided to the recipient. Information contained herein is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): I FEDERALAWARDDATE: DUNS NUMBER: 076997790 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOT AL FEDERAL AW ARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS; 2 CFR Patt 200 -Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 0MB Circular A-133 -Audits of States, Local Governments, and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHINGRESOURCESFORFEDERALPROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215 97 F S . . . PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Home Care for the Elderly General Revenue-Collier 65.001 $ 54,450.00 TOTAL AWARD $54,450.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Sections 215.97 & 215.971, F.S., Chapter 691-5, F.A.C, State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set fo1th in program laws, rules and regulations 36 July 2018-June 2019 ATTACHMENT III CERTIFICATIONS AND ASSURANCES HCE203.18 The Agency will not award this Contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In performance of this contract, Contractor provides the following ce1tifications and assurances: A. Debarment apd Suspension Certjficatjop f22 CFR Part 95 apd 45 CFR Part 75} B. Certification Regardim: Lobbying <22 CFR Part 23 apd 45 CFR Part 23} c. Nondiscl'jmipatjop & Equal Qpportupity Assurance <22 CFR Part 37 apd 45 CFR Part 80} D. Certification Regarding Public Entity Crimes, section 287,133, F,s, E. Association of Community Qrganirotiops for Reform Now <ACORN} Fupding Restrjctiops Assurance <Pub, L, 111-117} F. Certjficatiop Regarding Scrutjpjzed Companies Lists, section 287,135. F,s, G. Certjfication Regarding Data Integrity Compliance For Contracts, Agreements, Grants, Loans And Cooperative Agreements H. Yerjficatjon of Employment status Certification I. Records and Documentatjon J. Certification Regarding Ipspectjon of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -PRIMARY COVERED TRANSACTION. The undersigned Contractor ce1tifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal deprutment or agency; 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfo1ming a public (Federal; State, or local) transaction or contract under a public transaction; violation of Federal or State antitrnst statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen prope1ty; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) te1minated for cause of default. The undersigned shall require that language of this ce1tification be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this ce1tification accordingly. B. CERTIFICATION REGARDING LOBBYING -CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS. The undersigned Contractor certifies, to the best of its knowledge and belief, that: 37 July 2018-June 2019 HCE203.18 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this cettification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352. Any person who fails to file the required ce1tification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. NON-DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). -As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal oppo1tunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Deprutrnent of Health and Human Services (45 CFR Pait 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or pursuant to the Regulation of the Depaitment of Health and Human Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from paiticipation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Patt 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from patticipation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Deprutment of Health and Human Services ( 45 CFR Prut 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from patticipation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices, including, job application procedures, hiring, firing, advancement, compensation, training, and other 38 July 2018 -June 2019 HCE203.18 terms, conditions, and privileges of employment. It applies to recruitment, adve1tising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. Contractor also assures that it will comply with 29 CFR Patt 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WJA Title I -financially assisted program or activity, and to all contracts, Contractor makes to carry out the WIA Title I -financially assisted program or activity. Contractor understands that the Agency and/or DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby ce1tifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform Agency immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pe1taining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and conh·acts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS CERTIFICATION, SECTION 287.135, F.S. If this Conh·act is in the amount of $1 million or more, in accordance with the requirements of Section 287.135, F.S., Conh·actor hereby ce1tifies that it is not pruticipating in a boycott of Israel, is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrnti.nized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria. Both lists are created pursuant to Section 215.473, F.S. Contractor understands that pursuant to Section 287.135, F.S., the submission of a false certification may subject Contractor to civil penalties, attorney's fees, and/or costs. If Contractor is unable to ce1tify any of the statements in this certification, Contractor shall attach an explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS 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 contract suppo1ted activities; and (3) the comparison of outlays with budgeted amounts for each awru·d. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 2. Management Information Systems used by the Contractor, subconh·actors, or any outside entity on which the Contractor is dependent for data that is to be rep01ted, transmitted or calculated, have been assessed and verified 39 July 2018 -June 2019 HCE203.18 to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, 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 warrants 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. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software 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. 5. 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 integrity compliance issues. H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Area Agency on Aging for Southwest Florida, Inc., Contractor cettifies the use of the U.S. Depattment of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by Contractor during the contract te1m to perform employment duties pursuant to this contract and that any subcontracts include an express requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-verify system to verify the employment eligibility of all new employees hired by the subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all sub-agreements, sub-grants, and other agreements/contracts and that all subcontractors shall ce1tify compliance accordingly. This ce1tification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Circulars A-102 and 2 CFR Patt 200, and 215 (formerly 0MB Circular A-110). I. RECORDS AND DOCUMENTATION The Contractor agrees to make available to Agency staff and/or any party designated by the Agency any and all contract related records and documentation. The Contractor shall ensure the collection and maintenance of all program related information and documentation on any such system designated by the Agency. Maintenance includes valid expotts and backups of all data and systems according to Agency standards. J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS 1. In addition to the requirements of sections, 10.1, 10.2 of the Standard Contract, and 119.0701(3) and (4) F.S., and any other applicable law, if a civil action is commenced as contemplated by Section 119.0701(4), F.S., and the Agency is named in the civil action, Contractor agrees to indemnify and hold harmless the Agency for any costs incurred by the Agency, and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119, F .S., concerning this contract or setvices performed thereunder. a. Notwithstanding Section 119.0701, F.S., or other Florida law, this section is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768.28(2), F.S. 40 © July 2018-June 2019 HCE203.18 2. Section 119.01(3), F.S., states if public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of such an entity which pertain to the public agency (Area Agency on Aging for Southwest Florida, Inc.) are public records. Section 119.07, F.S, states that every person who has custody of such a public record shall permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances. Additionally, I certify this organization does Ldoes not provide for institutional memberships. Contractor's signature below attests that records pettaining to the dues or membership application by the Agency are available for inspection as stated above. · By execution of this contract, Contractor must include these provisions in all related subcontract agreements (if applicable). By execution of this contract, Contractor must include these provisions (A-J) in all related subcontract agreements (if applicable). By signing below, Contractor certifies the representations outlined in parts A through J above, are true and correct. 3339 Tamiami Trail E Suite 211 Street Address Collier County Board of Commissioners June:17, 2018 Naples, FL 34112 City, State, Zip code 41 July 2018-June 2019 HCE203.18 ATTACHMENT IV ASSURANCES-NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average forty-five (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. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensw-e 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, Subpait F). 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; ( d) the Age Discrimination Act of 1975, as ainended (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 VITI 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 G) 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 II 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 prope1ty is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real prope1ty acquired for project purposes regardless of federal pa1ticipation in purchases. 42 July 2018-June 2019 HCE 203.18 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 part with federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. §874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333), regarding labor standards for federally assisted construction sub-contracts. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to patticipate 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 (16 U.S.C. § 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Cleat· Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); (g) protection of underg~ound 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 awru·ding 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 prope1ties), 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 supp01ted by this awru·d 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 cru·e, handling, and treatment of wa1m blooded animals held for research, teaching, or other activities supported by this awru·d of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200. 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. SI fubt ,~ Se-,~e Aclm,n, ~ v for APPLICANT ORGANIZATION DATE SUBMITTED 43 July 2018-June 2019 HCE 203.18 ATTACHMENT V FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name County I AAA/Contractor Address Completed By City, State, Zip Code Date I Telephone PART I: READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WIDCH WILL HE~P YOU COMPLETE TIDSFORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: For questions 2-5 please indicate the foll Total# % % % % % % % owing: White Black Hispanic Other Female Disabled Over40 2. Population of area served Source of data: 3. Staff currently employed Effective date: 4. Clients cutTently enrolled/registered Effective date: 5. Advisory/Governing Board if applicable PART II: USE A SEP ARA TE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. IF N/A m· NO EXPLAIN. 6. Is an Assurance of Compliance on file with DOEA? NIA YES NO □ □ □ 7. Compare the staff composition to the population. Is staff representative of the population? 8. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion or disability? 9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner 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? 11. Is the program/facility accessible to non-English speaking clients? □ □ □ 43 NIA YES NO □ □ □ N/A YES NO □ □ □ NIA YES NO □ □ □ NIA YES NO □ □ □ N/A YES NO □ □ □ July 2018 -June 2019 HCE 203.18 applicants and participants informed of their protection against discrimination? If YES, how? Verbal Written N/A YES NO Poster 44 July 2018 -June 2019 HCE 203.18 13. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. 14. Is the program/facility physically accessible to mobility, hearing, and sight-impaired individuals? N/A NUMBER □ NIA YES NO □ □ □ PART III: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO EXPLAIN. 15. Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? 16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? 17. Has a person been designated to coordinate Section 504 compliance activities? 18. Do recruitment and notification materials advise applicants, employees and participants ofnondiscrimination on the basis of disability? 19.Are auxiliary aids available to assure accessibility of services to hearing and sight-impaired individuals? YES NO □ □ YES NO □ □ YES NO □ □ YES NO □ □ YES NO □ □ PART IV: FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000.00 OR MORE. 20. Do you have a written affirmative action plan? IfNO, explain. Reviewed b Program Office Date On-Site DOEA USE ONLY Tele hone Desk Review YES N In Compliance: YES NO* *Notice of Corrective Act ion Sent I I Res onseDue I I Response Received I I July 2018 -June 2019 HCE203.18 □ 46 July 2018 -June 2019 HCE203.18 ATTACHMENT V INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 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.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of yom summary. 4. Enter the total number of clients who are enrolled, registered or cw-rently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminato1y provisions as required in 45 CFR 80. This is usually a standard part of the contract language for Agency 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 necessa1y 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 through on-site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a) and 45 CFR80.1 (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 ofrecord keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, resh·ooms 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 pa1ticipants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy 45 July 2018-June 2019 HCE203.18 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 nondiscriminatmy provisions of Title VI available to their participants, beneficiaries or any other interested patties. This should include information on their right to file a complaint of discrimination with either the Area Agency on Aging for Southwest Florida, Inc. or the U.S. Depa1tment 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 1973 requires that a recipient of federal financial assistance conduct a self-evaluation to identify any accessibility barriers. Self-evaluation is a four-step process: 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 program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliaiy aids to persons with impaired senso1y, manual or speaking skills where necessary. Auxiliaty aids may include, but are not limited to, interpreters for heat'ing 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 1964, as amended. 46 July 2018-June 2019 UEPARTM ENT Of ATTACHMENT VII BACKGROUND SCREENING BACKGROUND SCREENING HCE203.18 ELDER AFFAIRS STATI! OP FLORIDA Affidavit of Compliance -Employer AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. ► 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 ______________________ _ Employer Nome located at __ =,--......,....,....,.-,------------=----------=------.J Street Address City State ZIP code I, _________ .,..... ___________ 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 Date STATE OF FLORIDA, COUNTY OF ________ _ Sworn to (or affirmed) and subscribed before me this __ day of _______ ~ 20__, by ____________________ (Name of Representative) who is personally known to me or produced _____________________ as proof of Identification. Print, Type, or Stamp Commissioned NameofNotaryPubllc Notary Public ODEA Form 235, Affidavit of Compllance -Employer, Effectlve Aprtl 2012 Sectlon 435.05(3), F.S. Form avarlable at: btto;//elde::affairs state.fl us/erRlfsh/backsrouodscreenl& ptp 47 .. July 2018-June 2019 ATTACHMENT IX ANNUAL BUDGET SUMMARY 1. HCE Services (Subsidies & Case Management) Total Collier 48 HCE203.18 $54,450.00 $54,450.00 , ' July 2018-June 2019 HCE203.18 Report Number 1 2 3 4 5 6 ATTACHMENT X HOMECAREFORTHEELDERLY INVOICE REPORT SCHEDULE Based On July Advance* August Advance* Submit to Agency on this Date July I Monthly Utilization Report (7 /1-7 /15) July Expenditure Reports (105 & 106) Monthly Utilization Rep01t (7 /16-8/15) August Expenditure Report (105 & 106) Monthly Utilization Repo1t (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) July 1 July 20 August 9 August 20 September 9 September 20 October 9 October 20 November 9 November20 7 November Expenditure Report (105 & 106) December 9 December20 Monthly Utilization Report (11/16-12/15 8 December Expenditure Repo1t (105 & 106) January 9 Monthly Utilization Rep01t (12/16-1/15) January20 9 January Expenditure Repo1t (105 & 106) February 9 10 Monthly Utilization Repo1t (1/16-2/15) February Expenditure Report (105 & 106) Monthly Utilization Report (2/16-3/15) Febmary20 March 9 March20 11 March Expenditure Repo1t (105 & 106) April 9 Monthly Utilization Report (3/16-4/15) 12 April Expenditure Rep01t (105 & 106) April 20 May9 Monthly Utilization Report ( 4/16-5/15) 13 May Expenditure Report (105 & 106) May20 June 9 Monthly Utilization Report (5/16-6/15) June 20 14 June Expenditure Report (105 & 106) . July 9 15 Legend: Note# 1: Note# 2: Note #3: Monthly Utilization Rep01t (6/15-6/30) Final Expenditure Repo1t (105 & 106) * Advance based on projected cash need. July20 July 25 Repmt #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 the Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to the Agency is dependent on the of the expenditure repmt. Repo1t numbers 5 through 14 shall reflect an adjustment ofat least one-tenth of the total advance amounts, repaying advances issued the first two months of the agreement. All advance payments made to the Contractor shall be returned to the Agency and repo1ted as an advance recoupment on each request for payment. The adjustment shall be recorded in Pait C, Line 1 of the rep01t (ATTACHMENT IX). Submission of expenditure reports may or may not generate a payment request. If final expenditure repmt reflects funds due back to the Agency, payment is to accompany the repmt. 49 © . , July 2018 -June 2019 HCE203.18 ATTACHMENT XI REQUEST FOR PAYMENT HOMECAREFORTHEELDERLYPROGRAM l'-R::;E'-"C'""IPc...:l.::;E:..:.N.,_T.,_N::._A~M:::E"-'A'--'D=-D=,.Rc.=ES=-S=-'-P-'-H'-'O'-'N.:..cE:c#c...:accn:::d_,F_,E°'"ID=-#"----r------,--Contract#------,--------' I I TYPE OF PAYMENT: I ' 1 1-=----,--------1Contract Period _________ _ Reoular ! _______ _ 1---------1Report Period _________ _ !, ________ ', Advance _ --1----------1Report# ___________ _ ---------+ --1----------l I I I ----,:--~11---,-------------.PSA-;';'n-------tnvolce #:-----,---------_--_-___ 1 ____________ _,_ __ --~--~-~--------------'--------...L -------I I I I I -cERTIFlbATIONJTl\ereb'tcertifytott\ebestofmy knowloogetnat tnis equest"isoompleteantlcoffec and comoffiiswilfflheTem santl tl1epUrjjose's of the oove cont=ra~c',-. ---,---E' I 1--------+-------1-----------Preparea 6y: Dale: Approved by: ua,e: I I I ! I PARf-A:-rUDGE-1iSUMMA~Y~-----------t--AAA-Admin:---t---~-eivice • .----t--------+--~reTAt---+---1,--ApprovJd Gontrabt-Amoun,11--------------+-----s,o,-oo-------1----s-o.oo-------♦--------1-----$0,00------2,-Previou~ Funds-~eceived· or-Gontract-Perio_n--------+----,,:,o,-:::---t-----,$0,~: ::o:-uu-::---+---3:-Gontrac\ BalancJ(line+m\ros·line-21----------1-----$~.10,-oo-------1---$0::: :::0;,00--------4,-Previour·Fund•·➔equeste and-Not-Received-for--Gontract-Perion-_-t----:$0: •• so.00----,--------+---:$0.:: S-;-G0NTRiA0-T-BA1f,NGE·(li?e-3-miros·line 4 0:00--•• ---t---SO, :: 0:00--.---+---PAR'f·B:-b0NTRA6-T-fl:IN~S-REQl:JES-1'----------+---------1---------+--------t----------1---i-:.:===.::--' __ -:::.J-=--~ -~:=-=~--: = ---• • -I -· -··· T T ''1' ,.., 2:--Nel Expenditures/or Mont -(00EA]Form-10JH;-Part-~;-bne-31 •···· -------1-------s..,o.oo-_----1 •.... ~------so.oo--.---+--------1-----$0:()( .• 1----1----3:-T0TAL~1----+-------------l-----$0.00 ------$0,00---1------------$0:00-----1------'---~1_,_L_ ----I --------+--------•------------PART·G,-~ET-Fl:JNpS REQUESTED-----------+---------!------------------------------1 I 1. Less Advance Applied 2. TOTAL FUNDS REQUESTED (Part B Line 3, minus Part C Line 1) -7· List of Services / Units/ Rates provided -See attached report, ODEA FORM 106H Revised 03/23/18 I -I $0.00 $0.00 50 S0.00 $0.00 --l-$0.00 $0.00 r' July 2018-June 2019 HCE203.18 ATTACHMENT XII RECEIPT AND EXPENDITURE REPORT HOMECAREFORTHEELDERLYPROGRAM PROVIDER NAME, ADDRESS, PHONE# and FEID# Program Funding : Contract# Contract Period AAAAdmin. Report Period Report# Services Invoice# r-;::,M. lf 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. ,_ ...... -...... -PART A : BUDGETED INCOME/ RECEIPTS 1.Approved 2. Actual Receipts 3. Total Receipts Budget For This Report Year to Date 1. State Funds $0.00 $0.00 $0.00 2. TOTAL RECEIPTS $0.00 $0.00 $0.00 PART B: EXPENDITURES 1.Approved 2. Expenditures 3. Expenditures Budget For This Report Year to Date 1. AAA Program Administration $0.00 $0.00 $0.00 2. Services $0.00 $0.00 $0.00 3. TOTAL EXPENDITURES $0.00 $0.00 $0.00 PART C : OTHER REVENUE AND EXPENDITURES I. Interest: II. Advance Recoupment 1. Earned on GR Advance$ ? o-••orn nf r::~ • ,. <I: 1 • o ___ ,, __ .., <I: 3. Other Earned $ ___________ _ 51 4. Percent of Approved Budget #DIV/01 #DIV/0! • 4. Percent of ~ Approved Budget #DIV/01 #DIV/01 ~ #DIV/0I July 2018 -June 2019 DOEA FORM 105H Re>ised 03123/18 HCE203.18 52 July 2018 -June 2019 ATTACHMENT XIV SERVICE RATE REPORT Collier SFY 18/19 SERVICE REIMBURSEMENT UNITRATE BASIC SUBSIDY Cost Reimbursement CASE AIDE VENDOR $33.88 CASEMANAGEMENT-VENDORPAYMENT $60.00 HOMEMAKING-VENDOR PAYMENT $21.50 HOUSING IMPROVENIENT -HCE Cost Reimbursement HOUSING IMPROVENIENT -VENDOR PAYMENT Cost Reimbursement MA TERI AL AID Cost Reimbursement OTHER-BACKGROUND SCREEN -VENDOR $41.25 PERSONAL CARE-VENDOR $25.67 RESPITE-IN-HONIE $10.00 RESPITE -VENDOR PAYMENT $25.67 SPECIALIZED MEDICAL EQUIPMENT, SERVICES, Cost Reimbursement AND SUPPLIES SPECIALIZED MEDICAL EQUIPMENT, SERVICES, Cost Reimbursement AND SUPPLIES-VENDOR PAYMENT TRANSPORTATION Cost Reimbursement 53 HCE203.18 METHOD OF UNIT PAYMENT TYPE Cost Reimbursement EPISODE Fixed Fee/Unit Rate HOURS Fixed Fee/Unit Rate HOURS Cost Reimbursement EPISODE Cost Reimbursement EPISODE Cost Reimbursement EPISODE Fixed Fee/Unit Rate HOURS Fixed Fee/Unit Rate HOURS Fixed Fee/Unit Rate HOURS Fixed Fee/Unit Rate HOURS Cost Reimbursement EPISODE Cost Reimbursement EPISODE Cost Reimbursement TRIPS ® Revised August 2007 Attestation Statement Agreement/Contract Number HCE 203.18 Amendment Number _.N.,,.A...._ __ _ 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 Collier County Board of Commissioners (Recipient/Contracto1· 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. Approved as to form and legality S)Q.RS1 Revised August 2007