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Agenda 09/22/2020 Item #16D 7 (After-the-Fact CARES emergency Home Energy Assistance Program)16.D.7 09/22/2020 EXECUTIVE SUMMARY Recommendation to approve an "After -the -Fact" contract and an attestation statement with Area Agency on Aging for Southwest Florida, Inc., for the CARES Emergency Home Energy Assistance Program and authorize a Budget Amendment to ensure continuous funding for FY20/21. OBJECTIVE: To provide home energy assistance aid to elders in the event of a home energy heating or cooling emergency. CONSIDERATIONS: The Community and Human Services (CHS) Division's Services for Seniors program has been providing support to Collier County's frail and elderly citizens for over thirty (30) years through the grant programs. Some of these grants are funded by the Florida Department of Elder Affairs (DOEA) through the Area Agency on Aging of Southwest Florida, Inc. (AAASWFL). These grant - funded services enable clients to remain in their homes and live with independence and dignity. The total grant award of $56,406.20 will be used to fund the program effective beginning June 1, 2020 and ending September 30, 2021. CARES Emergency Home Energy Assistance Program (EHEAP) provides crisis assistance to eligible low-income households with a least one (1) individual aged sixty (60) or older experiencing a heating or cooling emergency. The program allows for payments to utility companies, to fuel suppliers, for the repair or replacement of existing heating or cooling equipment, or the payment of deposits, late fees, disconnect, and reconnection fees with Florida Power and Light (FPL) & Lee County Electric Cooperative (LCEC). Centro-Campesino Farmworker Center, Inc. will provide additional Weatherization Services for clients who require additional EHEAP assistance who have received more than three (3) benefits in the last eighteen (18) months. This Item is being presented after -the -fact because Collier County received the contract on September 4, 2020, from the grantor agency and is required to return it within thirty (30) days. In order to expedite the review and execution of this agreement and pursuant to CMA# 5330 and Resolution No. 2018-202, the County Manager authorized the Public Services Department Head to sign the agreement. This Agreement 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. The following table provides a detailed breakdown of the award: CARES EHEAP BUDGET CARES EHEAP ADMINISTRATION $4,656.31 CARES EHEAP OUTREACH BUDGET $7,770.10 CARES EHEAP CRISIS ASSISTANCE $43,979.79 TOTAL $56,406.20 FISCAL IMPACT: Funding from the Department of Elder Affairs via the Area Agency on Aging in the amount of $56,406.20 will reside in the Human Services Grant Fund (707), Project 33719. GROWTH MANAGEMENT: There is no Growth Management impact from this recommendation. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote Packet Pg. 1510 09/22/2020 16.D.7 for Board action. - JAB RECOMMENDATIONS: To approve an "After -the -Fact" contract and an attestation statement with Area Agency on Aging for Southwest Florida, Inc. for the CARES Emergency Home Energy Assistance Program and authorize a Budget Amendment to ensure continuous funding for FY20/21. (Net Fiscal Impact $56,406.20) Prepared By: Wendy Klopf, Grant Coordinator, Community and Human Services Division ATTACHMENT(S) 1. (Linked) CARES EHEAP 203.20-Exec (PDF) 2. Attestation Statement -Leads and Vendors can type on CARES EHEAP 203.20 (PDF) 3. Resolution 2018-202 (PDF) Packet Pg. 1511 16.D.7 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.7 Doe ID: 13491 Item Summary: Recommendation to approve an "After -the -Fact" contract and an attestation statement with Area Agency on Aging for Southwest Florida, Inc., for the CARES Emergency Home Energy Assistance Program and authorize a Budget Amendment to ensure continuous funding for FY20/21. Meeting Date: 09/22/2020 Prepared by: Title: Operations Coordinator — Community & Human Services Name: Wendy Klopf 09/09/2020 2:22 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/09/2020 2:22 PM Approved By: Review: Community & Human Services Maggie Lopez Additional Reviewer Community & Human Services Akiko Woods Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Grants Erica Robinson Level 2 Grants Review Public Services Department Steve Carnell Level 2 Division Administrator Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/09/2020 2:51 PM Completed 09/09/2020 4:36 PM Completed 09/09/2020 6:14 PM Completed 09/10/2020 11:04 AM Completed 09/10/2020 1:01 PM Completed 09/10/2020 4:29 PM Completed 09/10/2020 4:42 PM Completed 09/11/2020 12:01 PM Completed 09/11/2020 12:47 PM Completed 09/11/2020 2:01 PM Completed 09/11/2020 6:31 PM Completed 09/14/2020 7:53 AM Completed 09/14/2020 2:35 PM 09/22/2020 9:00 AM Packet Pg. 1512 16.D.7.b Revised August 2007 Attestation Statement 0 N M O N U) Agreement/Contract Number CARES EHEAP 203.20 w Q Amendment Number NA U a Q w x w 1, STEPHEN Y CARNELL , attest that no changes or revisions have been made to the (Recipient/Contractor representative) CO) r content of the above referenced agreement/contract or amendment between the Area Agency on Aging for `� Southwest Florida and N 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. Signature of Recipient/Contractor representative Revised August 2007 Date Packet Pg. 1513 Im 16.D.7.c RESOLUTION NO. 2018- 2 0 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING AND SUPERSEDING RESOLUTION NO. 96-268 and 10-122 AND AUTHORIZING THE COUNTY MANAGER OR HIS/HER DESIGNEE TO EXECUTE CERTAIN STANDARD SOCIALISENIOR SERVICES GRANT APPLICATIONS AND CONTRACT DOCUMENTS INCLUDING AMENDMENTS IN COMPLIANCE WITH CMA #5330, GRANT COORDINATION. WHEREAS, the Board of County Commissioners (Board) has the authority to apply for and receive social/senior services grants including the Older American's Act Program (OAA), Community Care for the Elderly Program (CCE), Alzheimer's Disease Initiative Program (ADI), Medicaid Waiver Agreement, the Home Care for the Elderly program (HCE), and USDA Nutritional Supplement Incentive Program, and Emergency Home Energy Assistance Program (EHEAP); and WHEREAS, in order for Collier County's social/senior services grant documents to be submitted in a timely fashion, the Board adopted Resolution No. 96-268 and 10-122 authorizing the County Manager or his/her designee to execute the required standard grant documents; and WHEREAS, Collier County CMA 95330, Grant Coordination, provides authorization for the County Manager or his/her designee to execute certain grant documents and return to the Board of County Commissioners for after -the -fact approval; and WHEREAS, the Board wishes to delegate signature authorization to the County Manager or his/her designee for the above -referenced social/senior services grant programs and as it relates to grant applications, standard contract documents, and major and minor amendments provided that said submissions and contracts require no additional Collier County matching funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County Manager or his/her designee is hereby authorized to execute grant applications, standard contract documents, and "IN Packet Pg. 1514 16.D.7.c amendments in compliance with CMA H5330, Grant Coordination, for the Older American's Act Program (OAA), Community Care for the Elderly Program (CCE), Alzheimer's Disease .Initiative Program (ADI), Medicaid Waiver Agreement, the Horne Care for the Elderly program (HCE), and USDA Nutritional Supplement Incentive Program, Emergency Home Energy Assistance Program (EHEAP) provided said -submissions and contracts require no additional Collier County matching funds. BE IT FURTHER RESOLVED that this Resolution repeals and supersedes Resolution No. 96-268 and No.10-122. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this j-1 day of J . , -Y , 2018. ATTEST: CRYSTAL K KiNZEL CLERK RE :s By: By: 'A eSt as tp (;€t�PK%gTY CLERK signature only, Approval for form and legality: 3ennl r A. Belpedio Assistant County Attorney tiO 2 0 N M O N W Q U d Q W 2 W rn M Packet Pg. 1515 " (June 2020 September 202 I) CARES EHEAP 203.20 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. CARES EMERGENCY HOME ENERGY ASSISTANCE PROGRAM THIS CONTRACT is entered into between the 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. WITNESSETII TIIAT: 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 perf'orm such services as an independent Contractor of the Agency. NOW Tl11+,11EFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions set fordo herein, the Panics agree as follows: 1. Eurpose 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. jucornoration of llncunients with1n MG CContraet: The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals and!or desk books, as an integral part ol'the contract, except to the extent that (lie 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 dUOLnllent(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 Cnntrnet: This contract shall begin at twelve (12:00) A,M., Eastern S1and►rrd Time June 1, 2020 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 September 30, 2021. 4. Contract Amount: The Agency agrees to pay for contracted services according to the terns anct conditions ol'this contract in an amount not to exceed 556,406.20 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 payrnent under this contract. By mutual agreement ot'the Parties, in accordance with Section 287.058(1)(g), Florida Statutes (F.S.), the Agency may renew (he 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 Lnw: 6.1 If this contract contains federal funds this section shalt apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations (CFK) 75 and/or 45 CFR Part 92, 2 C:FIZ Part 200, and other applicable regulations. 6.1.2 It' 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 secl.), 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, (.lone 2020 — Septem her 2021) CARES EHEAP 203.20 Environmental Protection Agency regulations 2 CFR Part 1500, The Contractor shall report any violations of the above to the Agency. 6.1.3 Neither the Contractor nor any agent acting on behalf of the Contractor may use any Ibderal holds received in connection with this contract to influence legislation or appropriations pending before 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 11 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 oi' 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 contraet awards will not be made to parties listed on the government -wide Excluded Parties list System, in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR ['art 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 linds 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 ofthe 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 Contraclor shall comply with Title 2 CFR Part 175 regarding Tralricking in Persons. 6.S 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 Pnrt 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 1 1-1 16, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verifv the employment ofall new employees hired by Contractor during the contract terin. 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, Cgingliance tivith 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 (iuide for State Expenditures. 7.3 The Contractor shall comply with the requirements of Section 287,058, F.S., as nmended. 7.3.1 The Contractor shalt perform all tasks contained in ATTACHMENT I. 2 (.Buie 2020 — September 2021) CARES EHEAP 203.20 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified ill ATTACHMENT 1, to be received and accepted by the Agency Contract Manager prior to payment. 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 1, Section Ill. 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 invoices 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 shalt allow public access to all documents, papers, letters, or other public records as defined in Section 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 fiords for the purpose of lobbying the legislature, judicial branch or a state agency. 7.7 The Agency may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), F.S., has been placed oil the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies that Boycott Israel List, or if the Contractor has been engaged in business operations in Cuba or Syria or is engaged in a boycott of Israel. 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 Department's level 2 background screening pursuant to Sections 430.0402(2)-(3), F.S. The Contractor must also comply with any applicable rules promulgated by the Agency and/or the Department as well as 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 the Background Screening Affidavit of Compliance (Screening Form) to the Agency within 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 littpa/elderaffaii's,state.fl.us/A ency/backgroundsci'eeiiing.plip, 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 to 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). 10. Public 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 perform the contracted services. (June 2020 — September 2021) CARES EHEAP 203,20 10.11 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 to the Agency 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 cotnply 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 Ageney on Aging for Southwest Florida, Inc. 2830 Winkler Ave, Suite112 Fort Myers, FL, 33916 239-652-6900 or 866-413-5337 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 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. 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 ensure that 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. 4 `;, (June 2020 — September 2021) CARES Ci ICAP 203.20 11.3 Upon demand, at no additional cost to (tie Agency, the Contractor shall facilitate the duplication and transfer of any records or documents during the required retention period. 11.4 The Contractor shall ensure 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 CCR Pail 75, shall 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. 11.6 The Contractor shall provide a Financial and Compliance Audit 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 perforated pursuant to Section 20.055, T.S. 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. Nord crimtttatio-[:iyil ltight�uli fiance, 12.1 The Contractor shall execute Assurances as stated in the Assurnnces-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 ol'discrimination involving services or benefits through this contract. These procedures shall 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 front 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 any 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 the contract and denial of Further assistance. UUMVrJ MMMMMIM JIM4,174 The Contractor shall permit persons duly nuthorized by the Agency to inspect and copy any records, papers, documents, facilities, goods, and services of the Contractur 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. Hollowing such review, the Agency will provide a written report of its lindings to the Contractor and, where appropriate, the Contractor shall develop a Corrective Action Plan (CAP). The Contractor hereby agrees to correct all deficiencies identificd in the CAP in a timely manner as delerntined by [lie Agency's Contract Manager. 5 (June 2020 -- September 2021) CARES EHEAP 203.20 lit. Provision of Services: The Contractor shall provide services in the manner described in ATTACHMENT 1, 15. Coordinated Monitor•inrl with Other Apen� cies: If the Contractor receives funding from one or more State of Florida human service agencies, in addition to the Agency, 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 Agency, the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, and the Department of Veterans' 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. New Contract(s) Reporting - The 17. indemnification: The Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and employees from any and all claims, demands, actions, and 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. 17.1 Except to the extent permitted by Section 768.28, F.S., or other Florida law, this Section 17 is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768.28(2), F.S. 18. Insnranceanc Banding., 18.1 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 coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract. The I units 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 prograin 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. 18.2 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 finds 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. 19. Confidentiality of Inforntation: 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. (June 2020 — September 2021) CARES EHEAP 203.20 20. Ligaith Insurance Portability and AccountabilijXActs Where applicable, the Contractor shall comply with the Health Insurance Portability and Accountability Act (42 USC § 1320d.), M well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). 21. Incident Renortina: 21,1 The Contractor shall notify tine Agency immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor's or Subcontractor's ability to perform (lie 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. 21.2 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 (I-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon the Contractor, its Subcontractors, and their employees. 22. 118pkrtintcy Notification: During the term of this contract, tile Contractor shall immediately notify the Agency 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 Agency: (1) tine 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. Sponsorship and Publicille 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 tine sponsorship of the program, state: "Sponsored by (Contractor's name) and the Area Agency on Aging for Southwest Florida, Inc. 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/or 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 written authorization has been obtained by the Agency prior to such 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. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the Agency shall constitute a material breach of the contract. In the event the State of Florida approves assignment of the Contractor's obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.2 The State of Florida is, at all tines, 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. 24.3 This contract shall remain binding upon the successors in interest of the Contractor and 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 ivill 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. 7 (.lime 2020 — September 2021) CARES EHEAP 203.20 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. dndencrident Canacily of ontr tor: 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 that they shall not hold themselves out as employees or agents of the Agency without prior 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 ngainst the Contractor or its Subcontractors. All deductions for social security, withholding taxes, income taxes, conU'ibutions 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 A'17ACHMHN'I' I. The Agency 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: 'fhe 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 ternis and conditions of this contract, that were d isbursed to the Contractor by the Agency. In the event that the Contractor or its independent auditor discovers that an overpayment has been trade, the Contractor shall repay said overpayment immediately without prior notification from the Agency. In the event that the Agency first discovers an overpayment has heen made, the Agency Contract Manager will notify the Contractor in writing W'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. 29. Dnta fategrity and Safeguarding,jnformation: 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 ensuringthat 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 -tip 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 Foliev: The Department has implemented a Social Media Policy, in addition to its Computer llse Policy, which applies to all employees, contracted employees, consultants, Other Personal Services (Ol'S) employees and volunteers, includingall personnel affiliated with third parties, such as, but not limited to, contractors and subcontractors. Any entity that uses the Department's cornputcr resources systems must comply with the Department's policy regarding social media. Social Media includes, but is not limited to, blogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing, social networks like MySpace, Facebook and Twitter. as well as content sharing networks such as flickr and YouTubc. This policy is available on the Department's website at: http:llelder'atTairs.state.11.uslAaencyltinancial.plip. ODO (June 2020 — September 2021) 31. Coll let of Interest: CARES EHEAP 203.20 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 individuals, has a financial or other interest in the firm being selected for award. The Contractor's 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 Contractor'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 Contractor'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 oil 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. Purch inr<: 33.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. 33.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND Olt FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(t) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR ,r1iIE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 33.1.2 Pursuant to sections 413.036(1) and (4), F.S., the Contractor shall not be required to procure a product or service from RESPECT if: (a) the product or service is not available within a reasonable delivery time, (b) the Contractor is required by law to procure the product or service from any agency of the state, or (c) the Contractor determines that the performance specifications, price, or quality of the product or service is not comparable to the Contractor's requirements. 33.1.3 This act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by the Agency in accordance with its rules. (June 2020 — September 2021) CARES EI IEAP 203.20 33.1.4 Additional information about the designated nonprofit agency and the products it offers is available at http:llww w.respectofflorida.org. 33.2 The Contractor shall procure any recycled products or materials which are the subject of', or are required to carry out, this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065, F.S. 33.3 The Contractor sltall procure products and/or services required to perform this contract in accordance with section 946.515, F.S. 33.3.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE 7'H SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SIiALL BE PURCI IASi:D I -ROM THE CORPORATION IDF,NTiFiF.D UNDER CHAPTER 946, F.S., IN THH SAivIE MANNER AND UNDER THE SAME PROCEDURES SET FORT[ I IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FiRM, Oil OTHFR KUSINFSS ENTITY CARRYIN(3 01IT THE, PROVISIONS OF "PHIS CONTRACTSHALL BF, DEEMED TO BE SUBSTITUTED FOR THiS AGENCY INSOFAR AS DFALINGS WiTH SUCH CORPORATiON ARE CONCERNED. 33.3.2 The corporation identified is Prison Rehabilitative Industries and Diversified Enterprises, inc. (PRIDE). Additional information about PRIDE and the commodities or contractual services it offers is available at lit ips:Hpt•ide-enlerprises.org/. 34. Patents, Convrights. RoXHIties: If this contract is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract or in any way connected with this contract, or if, ownership of any discovery, invention, or copyrightable material 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 copyrightable material to the Agency to be referred to the Department of State. Any and all latent 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), F.S., the only exceptions to this provision shall be those that arc 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 1 f 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 to egoing 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 sltall 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. •.71' I1 r t>1' 11 35.1 If the tasks to be perforated 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 Contract Managger, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the Agency of emergency provisions. 10 (.tune 2020 — September 2021) CARES EHEAP 203.20 35.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall remain responsible for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. EQui,,,� meat: 36.1 Equipment means: (a) tangible personal property (including int'orrnation technology systems) having a useful life ofinore 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 Avith an acquisition cost of $5,000.00 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 fluids]. 36.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-ProCt 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 flor conducting a physical inventory of equipment at least once every Iwo (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 he maintained on file and shall be provided to the Agency upon request. "I'hc Contractor shall promptly investigate, fully document, and notify the Agency Contract Manager of any loss, damage, or (hell ofequipment. The Contractor shall provide the results of the investigation to the Agency 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 fcdcrallyowned equipment shall, at a minimum, meet the Following requirements and shall 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 I1LIMIi'r; 36.3.3 Source of fimding 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); 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 Vederal 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 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 onto 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 roust he investigated. 45 CFR § 71.320(d)(3). 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 mtlst be established to ensure the highest possible return. (June 2020 — September 2021) CARES EHEAP 203.20 36.4 Equipment purchased with fecleral funds with an acquisition cost over $5,000.00 and equipment purchased with state finds with an acquisition cost over $5,000.00 is ]sari of the cost of carrying out the activities and functions of the grant awards and title (ownership) will vest in the Contractor (for federal fiords 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 (.,FR 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 (trot included in a cost methodology), is subject to the conditions of Chapter 273, F.S., rule 6OA-1.017, F. A. G, and 2 CFR Pnrt 200 and/or 45 CFR Part 75. 36.5 Tile 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 tltc Agency Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the Agency's Contract Mnnager. 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 of the property (i.e., transfer or donalion to another agency that administers federal programs, offer of the items for sale, destroy the items, etc.). 36.6 The Agency 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 15 CFR § 75.320, as applicable. 36.7 Real properly 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 finds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Pnrt A., Section 3030b United States Code (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 tite Agency's procedures and standards when purchasing Information Technology Resources (iTR) as part of any agreement(s) incorporating this contract by reference, An ITR workshect is required for any computer related item costing S 1,000.00 or more, including data processing hardware, sollware, 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: The t'l1R 1000 Form is hereby incorporated by reference and available at: litter//tivww.myflorida.con/aLLs/vbs/adoc/F7740 PUR 1000.Rdf In the event of nny conflict between the PUR 1000 Farm and any terms or conditions of (his contact, 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 nny 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 Intl *gve Real Yronerty: 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 finds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. 12 (June 2020 — September 2021) 39. Dismrte Resolution: CARES FI IEAP 203.20 Any dispute concerning performance of (lie contract shall be decided by the Agency Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Fin,ancinl Consequences: if the Contractor fails to meet the minimum level of service or performance identified in this contract, the Agency shall impose financial consequences as stated in ATTACi IMENT 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 agrccrncnts or representations shall be valid or binding upon the Agency or the Contractor unlcss expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Forg Maimire: 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 (lie other party and tales all reasonable efforts 10 cure the condition. 45. Sevei'ability Clauses The Parties agree that it' a court of competent'jurisdietion deems any term or condition herein void or unenforceable, the other provisions are severable (o that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract AnnroUrjations: The Parties agree that the Agency's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 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, law:5, rules, and regulations as well as applicable current stale 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. MQ 13 (June 2020 — September 2021) 50, Final Invoice: CARES EMEAP 203.20 The Contractor shall submit the final invoice for payment to the Agency no later than thirty (30) days after the contract ending date unless otherwise specified in ATTACHMENT 1. If the Contractor fails to do so, all right to payment is forfeited and the Agency shall not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract shall be withheld until all required documentation and reports due from the Cont-actor and necessary adjustments thereto have been approved by the Agency. 51. Renegodatiuns 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 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, • usnension 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 interest 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 recelving 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 connpensation. 53. Terniination: 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 tine Contractor fails to: (1) deliver the product within the time specified in the contract or any extension, (2) maintain adequalc progress, thus endangering performance of (lie contract, (3) honor any term of tine contract, or (4) abide by any statutory, regulatory, or licensing requirement. Mule 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 tite control, and without the fault or negligence, of tltc 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 1<rr any excess costs for failtu•e to Perform, unless the %tibcontracted products were obtainable froth other sources in sufficicrtttime for the Contractor to meet the required delivery schedule. I1; alter lerrnitnalion, it is determined that the Contractor was not in default, or that the default was excusable, the tights and obligations of the Parties shall he 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 tinder the contract. 0 14 (June 2020 — September 2021) CARPS VHFAP 203.20 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 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 reduircutcuts contained in the Uniforin Electronic Transaction Act, Section 668.50, F.S. All electronic records must be fully auditabie; are subject to Florida's Public Records Law, Chapter 119, F.S.; must comply with contract Section 29, Data Integrity and Safeguarding Information; must maintain ail confidentiality, as applicable; and must he 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 Conti actor 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, file 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 docuient on any non -electronic copy of the document. 55. Coiltract Manager: fFie Agency may substitute any Agency employee to serve as the Agency Contract Manager. REMAINDER OF 7W PAGE IA17ANTIONALLYLEFT BLANK S H (June 2020 — September 2021) 56. Ufticial Payee and Representatives (Names. Addresses. and Telephone Numbers): CARES EHEAP 203.20 The Contractor naine, as shown on page 1 of this Collier County Board of County Commissioners 3339 F, Tainiami Trail„ Building H a. contract, and Mailing address ol'the ollicial payee to Naples, i'L 34112 whom the payment sliall be made is: The name of the contact person and street address Kristi Sonntag, Director Collier County [Board of County Commissioners b. where financial and administrative records are %Community and 1-[utnail Scrviccs maintained is: 3339 E Tainiami Trail, Building l I Nn ples FL 34112 Kristi 5oiintag, Director The name, address, and telephone number of [lie Collier County Board of County Commissioners C. representative of the Contractor responsible for %Community and Human Services administration of llie program under this contract is: 33391J Tainiami Trail, Building H Naples, FL 3,1112 239 252-2273 Area Agency on Aging for Southwest Florida, Inc. d. The section and Iocatioii 1Yitiiiii tiiti fig{ IIL 'Vh'l15 !G Requests for Payment and Receipt and Expenditure Fiscal Dcparoncnl forms are to be mailed is: 2 S 30 k%l t►14�-,Maricela "'A Morado, Director of Prograin b'c Planning zle liable, address, Gild telephone n�Ymlher of the Area Agency on Aging for Southwest Florida, ttic. e. Contract Manager for this contract is: 2gir30 Wttn,hl�v Q..jt�23]-652-6900 9 m,1Ft, 3391 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 Iucludcd: This contract and its Attachments I — XIX, 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, ternis, conditions; of obligations other than those contained liereiii, and this contract sliall supersede all previous communications, representations, ar 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 aril In TV I10Ahl; AREA AGENCY ON AGING FOR SOUTHWEST OF COUNTY ISM' ONl! RS FLORIDA., INC. SIGNED BY: VI r' SIGNED BY: Z— NAME: ,SAcOCn \1 Ca rye 11 NAME: NORMA ADORNO TITLE: PL'6l is -C.-A--rc3i[ e +r r eAe k TITLE: COO, INTER iM CEr`,, DATE: q1 DATE: Federal Tax 1D: 59-6000558 Fiscal Year Ending Date: 09/30 Dins: 076997790 Approved as to form and legality CAO Assistant,County Attorney 16 laZ 0 (June 2020 September 2021) INDEX OF ATTACHMENTS CARES EHEAP 203.20 ATTACHMENT[ ............................................................................................................................................I..................18 STAT&VENT OF WORK ..................................................................................................................................................18 ATTACHMENTII.............................................................................................................................................................38 FIN,ltVCIALAND COMPLIANCEAUDIT......................................................................................................................38 ATTACHMENTIII............................................................................................................................................................44 CIiW IFICA71ONS AIV0 4 SSfiRANCES'......................................................................................................................... 44 ATTACIIMENTIV............................................................................................................................................................ 49 ASSU]UjVCL'S—NON-C OiNIS I'12 UC'77OjV PROGRAMS ................. . ................ . ................... ............................................ 49 ATTACHMENTV........... ..................... ................................ I .... ....................................................................................... 52 FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE, CHECKLIST ................................. 52 ATTACHMI+:N`I' VI...........................................................................................................................................................57 CONTRACTOR'S .S7ATh, C0N'IY?A(l'T UV....................................................................................................................57 ATTACHMENTVII...........................................................................................................................................................58 BA(lWGROUND SCRI:Y:AlIN(►......................................................................................................................................... SR ATTACHMENTVIll.........................................................................................................................................................59 EHEAP....................—.............................................................................................59 ATTACHMENTIX............................................................................................................................................................60 EIIEAP CARES ACT ADMINISTRIl TITLE, AND OUTREACH EXPENSE BUDGET DETAIL...................................60 ATTACHMENTX....................................................................................................................................... ...............61 RECEIPTAND E,YPENDITURE RE, POR ................................................................................................................... 61 ATTACHMENTXI..............................................................................................................................................4.............62 REQUEST FOR I'AJ'AIEIVT.................................................... ..... 62 ATTACHMENTXII........................................................................................................................................................... 63 EIIEAPCARESACTINVOICE, RE, PORT SCIIE,DULE.................................................................................................63 ATTACHMENTXIII.........................................................................................................................................................64 POVERTYIATCOME GUIDELINES................................................................................... ... 64 ATTACHMENTXIV.........................................................................................................................................................65 EHEAP CARES ACT SOURCE OF INCOAIE...................................................................................... 65 ATTACHMENTXV...........................................................................................................................................................66 EHEAP CARE, SACTAPPLICA ELIGIBILITY T-YE,-YEET....,,............................................................... 66 ATTACHMENTXVI.............................,..........................................................................................,................................68 liHIsAP CAR1;.' r,4 7'APPLICATIONAlVD ELIGIBILITYINSTRUCTIONS................................................................. 68 ATTACHMENTXVII........................................................................................................................................................71 EHEAP1.LS'7. ....................................................................... I.............. 71 ATTACHMENTXVIII..................................................................................................................................................... 72 1,.'Hls,4P (ARI,.5' AC'7' ('O,S7' REIAII3URSEAfE.6+'T.SUAIitfYIRY........................................................................................ 72 ATTACHMENTXIX.........................................................................................................................................................73 SERVICERATE REPORT ..................... ............. ..................... .............................. .......................................................... 73 U�7 17 (June 2020 — September 2021) CARES EHEAP 203.20 ATTACHMENT I STATEMENT OF WORK EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT L SERVICES TO BE PROVIDED A. DEFINITION OF TERMS 1. Eighteen (18) hour rule -- The timeframe within which all applications for life -threatening crisis assistance shall be acted upon, with an eligible action to mediate the crisis being taken and documented in the client file within eighteen (18) hours of the application date stamp. 2. Forty-eight (48) hour rule — The timeframe within which all applications for standard crisis assistance shall be acted upon, with an eligible action to mediate the crisis being taken and documented in the client file within forty-eight (48) hours of the application date stamp. 3. Caseworker — Person who is responsible for determining program eligibility by completing the Emergency Home Energy Assistance for the Elderly Program Comnavirus Aid, Relief, And Economic Security (CARES) Act (EHEAP CARES Act) Eligibility Worksheets (ATTACHMENT XV and XVI) and awarding crisis benefits. 4. Caseworker Signature Date — The date that the client's completed application is processed, eligibility determined, and the crisis resolved. This date shall not be changed. Signatures must be in ink. Rubber-stamped signatures will not be accepted. 5. Client Application Date -The date the application is completed (whether by self or with assistance) and signed by the eider. This date shall not be changed. Signatures must be in ink. Rubber-stamped signatures will not be accepted. If an elder cannot write their signature on the application, or any other required document, and must sign with an "X," two witnesses are required. 6. Crisis - A home cooling or heating crisis exists when an elder has no access to, or is in danger of losing access to, needed home energy. 7. Crisis Assistance — Assistance provided to an elder who has no access to, or is in danger of losing access to, needed home energy. 8. Date of Resolution — The date that a documented commitment to pay was made to the utility vendor to resolve the energy crisis. This date is used as the EHEAP CARES Act Client Enrollment date in the Department's Client information and Registration Tracking System (CIRTS). This date shall not be changed. a. The amount of tithe elapsed between the Date Stamp and the Date of Resolution shall determine whether or not the eighteen or forty-eight (18/48)1101.1E• rule was met. b. Vendors must be paid within forty-five (45) days of the date of resolution. 9. Date ,Stamp —The date the application and all required documentation is presented in acceptable form to intake staff. An inked stamp must be used, and the date shall not be changed. The 18/48-hour rule for crisis resolution begins when the application is date stamped. 10. Disability —A disabling condition that causes an elder to be determined eligible to receive Supplement Security Income (SSI) or Social Security Disability Income (SSDi) from the Social Security Administration. 11. Elder — An individual aged sixty (60) years or older. 12. Eligible Action — An action taken by the caseworker to inediate an elder's energy crisis. Eligible actions include. a. Approval of an elder's application; b. Denial of an cider's application pending further information; (.tune 2020 — September 2021) CARES EHEAP 203.20 c. Denial of an elder's application because the elder is deemed ineligible; (I. Contact with a utility vendor to halt utility disconnection or interruption in services; or e. Written referral to and providing the elder with assistance contacting another agency if EHEAP CARES Act funding is not available or the eider is ineligible. 13. Energy Subsidy - Utility costs paid directly or indirectly to the elder who lives in government —subsidized housing. 14. Household — Any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent. 15, Household Member — Persons in a household who share a common kitchen or bath and purchase residential energy in common. 16. Intake Worker — Person who accepts the EHEAP CARES Act application and required documentation and may have the responsibility to determine eligibility or award crisis benefits. V. Minimum Level of Service — Service to a minimum of one household per month. 18. Crisis Assistance Benefit — Payment of heating/cooling energy bill; the purchase of a heating/cooling device; and/or the repair of a heating/cooling device. 19. Priority for Assistance — Households with the highest home energy needs and Iowest household income, which will be determined by taking into account both the energy burden and the unique situation of such households with members of vulnerable populations, including very young children, individuals with disabilities, and frail elder individuals. 20. Provider — The entity that lies entered into a contract, subcontract, or Memorandum of Understanding (MOU) to provide services under EHEAP CARES Act. For the purposes of this contract, the teens "Provider" and "Contractor" may be used interchangeably. 21. Reasonable Promptness - Within fifteen (15) working days of receiving the client's completed application. 22. Request for Payment— Submission of actual monthly expenditures for reimbursement. 23. Service Unit — One individual (elder) served. 24. Social Security Number —The number on an elder's Social Security card or the number provided by an award or determination letter from an entity, such as a government agency, that has ah•eady verified the social security number. 25. Supervisory/Peer Review Date — The date that a supervisor or peer reviewed the application and documentation and signed the application indicating vendor payment can be made. The intent of the supervisor/peer review is to avoid errors in eligibility determination and payment amounts and to alleviate the possibility of fraud. This date shall not be changed. Signatures must be in ink. Rubber-stamped signatures will not be accepted. 26. Verification Date— The date tlue caseworker verified previous Low -Income Home Energy Assistance Program (LIHEAP) crisis benefits with the LIHEAP provider or the minimum amount necessary to resolve the crisis with the utility company. This date shall not be changed. B. GENERAL DESCRIPTION 1. General Statement The Emergency Home Energy Assistance for the Elderly Program (EHEAP) Coronavirus Aid, Relief, and Economic Security (CARES) Act serves the mission of the Agency by providing home energy assistance aid to elders in the event of a home energy heating or cooling emergency. The primary purpose of the EHEAP CARES Act program is to prevent, prepare for, and respond to coronavirus; including assisting low-income households with at least one member aged sixty (60) or older experiencing a heating or cooling emergency. 19 (June 2020 — September 2021) 2. Authority CARES EHEAP 203.20 The relevant federal and state authorities governing EHEAP CARES Act are: a, Low Income Home Energy Assistance Act of 1981 (Title XXVi ofthe Omnibus Budget Reconciliation Act of 1981, P.L. 97-35), as amended; b. CARES Act; c. 42 United States Code (U.S.C.) § 8621 et seq.; d. 45 Code of Federal Regulations (CFR) Part 96, Subpart H. (§§ 96.80-96.89); e. Section 409.508, Florida Statutes (F.S.) and Rule 73C-26.021(3), Florida Administrative Code (F.A.C.); f. Rule Chapter 73C-26, F.A.C.; g. State of Florida LIHEAP Policies and Procedures Manual; and h. LIHEAP State Plan. 3. Scope ofService The Contractor is responsible for the programmatic, fiscal, and operational management of EHEAP CARES Act. Eligible elders may receive multiple crisis assistance benefit(s), that combined not to exceed $2,000.00 during the term of this agreement. Eligible, elders may receive crisis assistance benefits during the period fi•onn June 1, 2020 to September 30, 2021. The services provided under this contract shall be in a manner consistent with and described in ATTACHMENT 1, Section I1: Manner of Service Provision. Contractor, in collaboration with its EHEAP CARES Act program partners, shall ensure the following service tasks are completed: (1) Consumer Outreach; (2) Program Partners and Stakeholders Coordination; (3) Elder's Benefit Eligibility Determination; and (4) Benefit Disbursement. 4. Major Program Goals EHEAP CARES Act is designed to provide crisis assistance to eligible low-income households with at least one individual aged sixty (60) or older experiencing a treating or cooling emergency. The Summer and Winter Crisis seasons are waived until the CARES Act funding is folly expended. a. Standard Crisis A standard home cooling or heating crisis exists when an elder has no access to, or is in danger of losing access to, needed home energy because one or more of the following conditions is present: (1) The eider has been notified that the energy source for cooling or heating is going to be disconnected; (2) The elder has received a notice indicating the energy source is delinquent or past due; and/or (3) The elder has an energy bill for which the due date has lapsed; b. Life -Threatening Crisis A life -threatening home cooling or heating crisis exists if one of the following conditions is present: (1) The elder's home cooling or heating energy source has been disconnected; (2) The elder is unable to get delivery of fuel for heating, is out of fuel for heating, or is in danger of being out of fuel for heating; or (3) The elder has other problems with lack of cooling or heating in the ]nose, such as needing to pay a deposit, needing a repair of heating or cooling equipment, or needing an interim emergency measure to avoid firrther crisis. 20 t (June 2020 — September 2021) C. CLIENTS TO BE SERVED 1. General Description CARES EHEAP 203.20 EHEAP CARES Act provides for direct client services to elders in low-income households experiencing a hone energy heating or cooling emergency. A household receiving EHEAP CARES Act services may not have an income above one hundred fifty percent (150%) of the poverty level, as published by the United States Department ofI-lealth and Human Services, 2. Client Eligibility To be eligible for services under this contract, and to receive assistance, at) elder must: a. Be aged sixty (60) or older; b. Reside in the EHEAP CARES Act service area (Planning and Service Area) at the time the home energy costs were incurred; c. Complete and return an EHEAP CARES Act application with all required information and verification to Contractor, while fins remain available; d. Provide a fuel bill or other documentation evidencing an energy emergency and an obligation to pay for home energy costs for tine home in which they live; e. Possess a total gross household income of not more than one hundred fifty percent (i50%) of the Officeof Management and Budget (OMB) federal poverty level for the size of the household, in accordance with Section I.C.3.d. of this contract; f. Be experiencing one or more verifiable honne cooling or,heating crises; g. Not be a resident of a group living facility or a home where the cost of residency is at least partially paid (or subsidized) through a foster care or residential program administered by the state; It. Not be a student living in a dormitory; and i. Legally reside in the State of Florida. 3. Client Determination Contractor shall begin taking applications for EHEAP CARES Act services upon execution of this contract and continue taking applications until the contract expires or funds are exhausted. Contractor will not accept applications when funds are exhausted for a particular time period. Contractor shall: a. Provide assistance to elders in completing Department -provided applications for assistance and determining eligibility; b. Ensure that no one is excluded from program participation on the grounds of race, color, national origin, sex, or age, and ensure that such persons shall not be subjected to discrimination under any activity funded in whole or in part with these funds; c. T►•eat lionneov►ters and those who rent equitably under tliis co►itract; d. Calculate tine income eligibility of the elder by using tine past thirty (30) days earnings for all occupants of the household annualized or the elder's current economic situation and reference the current year EHEAP CARES Act Sources of Income (ATTACHMENT X1V) to determine what is considered allowable income. Contractor shall proceed as follows: (1) Total household income cannot exceed one hundred fifty percent (150%) of the current federal Poverty income Guidelines (ATTACHMENT X111); i. Stimulus payments from the federal government in relation to the Co•onavirus Disease will not be considered income and will not be considered in deternining a household's Federal Poverty Level (I50% or below). ii. Any type of unemployment payments will not be counted as income. 21 t `qJ (Jule 2020 — September 2021) CARES EHEAP 203.20 (2) Obtain a self -declaration from household members aged eighteen (18) years or older claiming zero income, Self -declarations Must be completed and signed by the household member who is claiming zero income. i. Zero income can be determined with proof of client employment termination or self -declaration. ii. Zero income can be determined at the time of application and projected forward (current economic status), instead of using the past 30 days. if applicable, clients should note the reason for zero income related to COVIDI9. iii. Although not counted as income for eligibility purposes, excluded income sources may be used to determine how a household is meeting its expenses. e. Determine if all or part of the elders utility costs are paid directly (utility reimbursement) or indirectly (utility allowance) by the government if lllc elder lives in governIlienl-SUbsidized housing. Contractor shall proceed as follows: (1) If total home healing or cooling costs are included in the rent and the elder has no obligation to pay any portion of the costs, then the elder is not eligible for assistance; and (2) If there is a Floridn Section 8 (Housing Choice Voucher program) or a Public Housing Authority (PHA) Program energy subsidy available to the elder during the period covered by the utility bill, then the elder is only eligible for partial assistance. The energy subsidy for the period covered by the utility bill must he subtracted from the allowable HHHAP CARES Act benefit calculated for the household. t: Use program qualification approvals or notifications to document household size altd income of ciders receiving Supplemental Nutrition Assistance Program (SNAP) or SSI. Elders shall meet program income eligibility guidelines and possess a total gloss household income of not more than 150%of the OMB federal poverty level for tine size of the household. The benefit level to he provided to elders receiving SNAP or SSl shall be the same as that provided to other qualified elders; g. Obtain a signed statement of maintenance from the elder explaining how basic living expenses (i.e., food, shelter, and transportation are being provided) if the total household income is less than fifty percent (50%) of the current federal poverty guidelines and no one in the household is receiving SNAP; It. Ensure elders receive no more than the household crisis assistance cap of $2,000.00, (1) Elders may apply for and receive multiple crisis assistance benefit; (2) Crisis assistance benefit may consist of payment of more than one energy obligation in the following allowable categories for a household to resolve a single crisis: (i) Utility payments lbr Itcatinglcooling bill assistance for electric, gas, propane, wood, coal, or refillable fuels; (H) Temporary emergency shelter (if needed due to energy -related crisis); (iii) Payment to landlords (when utility costs are included in rent); (iv) Repairs or replacements to heating/cooling units (as long as the amount is within the benefit limits and the work is done by a licensed contractor); (v) Deposits to connect or restore energy; (vi) Late fees, disconnect i'ccs, and reconnect fees; (vii) Charges from a previous account held by the applicant that is now closed; (viii) Blankets and fans; (ix) Taxes and fees associated with the client's utility bill towards the energy portion. In some cases, where the utility vendor combines all the other fees and taxes, which also includes non -hone energy, services, such taxes and fees can be paid with FHF,AP CARES Act funding. 22 Sb (June 2020 — September 2021) CARES EHEAP 203.20 Example: In a case where taxes for other services are commingled with taxes for home energy services, proceed with paying the taxes portion of the hill; (x) Other allowable payments are those related to the start-up of services, including reasonable connection or reconnection fees, delivery fees, deposits, and ether fees related to the start-up of service; (xi) Pre -pay home energy usage: a. Tile elder is within seven days of using the remaining balance of the pre -purchased cncrgy source, the elder's power is currently disconnected/shut off, or (lie elder needs a deposit. h. The benefit amount for pre -paid account shall be for one month's energy usage and may include other allowable costs; (xii) The purchase or repair of fans, blankets, air conditioners, and/or portable heaters in addition to heatingleooling bill assistance; and (xiii) Crisis situations which may involve it heater or air conditioner that is powered by both gas and electricity, in which case both energy obligations are eligible for a crisis benefit. (3) Water, sewer, garbage, and fire, etc. charges may not be paid; i. In no case shal I the Contractor be required to incur costs in excess of the full contract amount to provide services to the clients. 11. MA1NNE,11 UN SleRVICH, PROVISION A. SERVICE TASKS in order to achieve the goals of FHF,AP CARES Act, Contractor shall ensure the following tasks are performed: 1. Ensure that all eligible elders meet the requirements of Section I.C.2. of this contract; 2. Ensure that all energy assistance payments made to house energy vendor's comply with the requirements of Section II.A.14.d. of this agreement; 3. Implement appropriate program management and operational controls to ensure all applications for crisis assistance are acted upon with an eligible action to mediate the crisis within eighteen or forty-eight (18/48) hOln'S Of the application date stamp, and document in the client file that the crisis was resolved within cighteell or forty-eight (18/48) hours; 4. Provide all elders approved for El IEAP CARES Act finding witha written Notice of Approval and Appeal on agency letterhead within fifteen (15) working days of crisis resolution. The written Notice of Approval and Appeal shall include: a. Type and aluuunt of assistance; b. Name of the home cncrgy vendor to be paid on elder's behalf; c. The next date when the elder will be eligible to apply for further assistance; and d. Contractor's nppenl process. c. Signature, date and contact information of agency's authorized representative. 5. Provide all elders whose EI113-AP CARES Act applications were denied with a written Notice of Denial and Appeal on agency letterhead within fifteen (15) working days of receiving the elder's application. The written Notice of Denial and Appeal shall contain: a. Name of the elder; b. Date of application; 23 CARES EHEAP 203.20 (June 2020 -- September 2021) c. Type of benefit sought; d. Reason(s) for denial; e. Statement on Contractor's benefit limits, if applicable; I: Contractor's appeal process; g. Explanation of circumstances under which the elder may reapply; h. Information or documentation needed for the elder to reapply; i. The name, address, and phone number applicable to the appeal process; and j. Number of days the elder has to file the appeal. k. Signature, date and contact information of agency's authorized representative. 6. Maintain consumer appeal procedures that provide an opportunity for a fair administrative hearing to elders whose applications for assistance are denied or whose applications are not acted upon with reasonable promptness; 7. Provide an opportunity for elders to file a written appeal or complaint with Contractor's Program Supervisor within ten (10) working days of receipt of the written Notice of Denial and Appeal. a. Upon receipt of a validly filed appeal or complaint, Contractor must respond in writing within ten (10) working days; N Elders may appeal Contractor's first response by filing its objections to the response with Contractor's Director, Executive Director, or Board Chair, as applicable, within five (S) working days of receipt of the first response; and c. Upon receipt of a validly filed objection to the first response, Contractor must respond in writing within ten (10) working days, and the response must clearly state the final outcome of the appeal, that the decision is final, and if applicable, the circumstances under which the elder may reapply for services. 8. Post appeal provisions in a prominent place and in plain view at all locations where EHEAP CARES Act applications are received; 9. Ensure all ineligible applicants and applicants denied crisis assistance, when EHEAP CARES Act funds are not available or are insufficient to meet their emergency home energy needs, are referred to and assisted in securing help through other community resources; 10. Ensure no consumer fees are charged to, nor donations accepted from, an elder as a prerequisite for receiving EHEAP CARES Act benefits. Post in a conspicuous place at all locations where EHEAP CARES Act applications are received the following notice: "No money, cash, or checks will be requested or received from customers in the EHEAP office. if an employee asks for money, report this to the agency executive director or Agency head.'; 11. Compare LIHEAP CARES Act records and EHEAP CARES Act records for households with elderly members to avoid exceeding the household crisis benefit cap and maintain documentation sufficient to ensure compliance with this requirement; 12. Maintain a written policy and implement procedures to protect and secure elder applicants' information and social security numbers in order to protect their identities front theft or fraud. This policy shall address the handling of both paper and electronic records and files. Contractor shall, in collecting elders' social security numbers, use the Notice Regarding Collection of Social Security Numbers, which is incorporated into this contract by reference, (Notice of Instruction #071113-1-1-SWCBS, http://elderaffairs.state.fl.us/ Agency/ notices/JuIY13/LIHEAP%20Notice%20re%20Social%20Secur•ity%20Nunib ers%201;inal.pdf). The Notice Regarding Collection of Social Security Numbers shall be signed by the elder and retained in the client file; 24 (June 2020 -- Septenr bet• 2021) 13, Consumer Outreach CARES EHEAP 203.20 Ensure that households in all counties within tine service area wishing to benefit from the program have the opportunity to do so. Contractor shall undertake consumer outreach initiatives in all counties within tine service area designed to inform potentially eligible households about EHEAP CARES Act. Outreach efforts must focus on elderly households with disabled individuals, young children, and where the highest percentage of the household income is required to pay for their home energy. Specific outreach initiatives shall include, but are not limited to: a. Informing all service area local agencies, non -profits, and similar organizations that are in regular contact with the low-income population about tine EHEAP CARES Act program, especially those servingseniors; b. Encouraging EHEAP CARES Act program participation through local television and radio programs, and placing announcements of the EHEAP CARES Act program in media community calendars; e. Developing and implementing a written procedure for making home visits to households with homebound elderly persons in order to assist with the completion of the program application when other assistance is not available; d. Making visits to provide information and/or making presentations about EHEAP CARES Act in response to requests by local congregatlonal centers serving elderly or disabled persons; and e. Providing information concerning the local weatherization program to all persons who request it (including organizations that provide outreach activities). 14. Program Partners and Stakeliolder Coordination Contractor shall coordinate services with other program partners and stakeholders to prevent the duplication of services, facilitate referrals, and improve the efficiency of services for consumers. Coordination activities shall include, but not be limited to: a. Communicating with the DEO LIHEAP contractors in their respective service areas to prevent exceeding the household crisis assistance cap to elders; b. Developing a new, or continuing an existing, MOU with the Weatherization Assistance Program (WAP) in the service area. The MOU shall detail cooperative efforts and describe the actions that will be taken by both parties to ensure coordination and referrals. The MOU shall be reviewed and renewed at least every five years. Contractor, in coordination with the local WAP agency, shall develop a system by whichelders who have received more than three EHEAP or LIHEAP benefits in the last eighteen (18) months and who are homeowners are referred to a WAP provider. Contractor shall maintain copies of all MOUs; c. Establishing a new, or continuing all existing, MOU with service area LIHEAP contractors. Each MOU shall ensure coordination of services, avoid duplication of assistance, and increase the quality of services provided to elders. Tile MOU shall direct LIHEAP providers to refer elders aged sixty (60) or older to EHEAP providers for energy assistance. The MOU shall be reviewed and renewed at least every five (5) years. Contractor shall maintain copies of all MOUs. MOUs with local LIHEAP agencies shall be updated if the contracting parties change. The MOUs must be applicable to Contractor's current EHEAP requirements and guidelines; d. Developing agreements with home energy vendors that benefit elders. Contractor shall maintain copies of all vendor agreements. All current EHEAP agreements between Contractor and home energy vendors are valid under the EHEAP CARES Act contract. All agreements between Contractor and home energy vendors shall contain the following conditions- (1) The beginning and ending date of the Vendor Agreement; (2) The Contractor's representative(s) authorized to resolve a crisis situation and make a payment commitment on behalf of an elder; (3) 'fine home energy vendor's representative(s) authorized to resolve a crisis; 25 (June 2020 — September 2021) CARES EHEAP 203.20 (4) A description of how energy payments will be made directly to the home energy vendor on behalf of the EHEAP eligible customer; (5) Assurance from the home energy vendor that no household receiving EHEAP assistance will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements; (6) Assurance that the home energy vendor will not discriminate, either in the cost of goods supplied or the services provided, against the eligible household on whose behalf payments are made; (7) A statement that only energy -related elements of a utility bill are to be paid. Water, sewer, garbage, and fire, etc. charges are not covered as part of the utility bill of the household. However, EHEAP does allow ail exception with water that is used for air conditioning, i.e. an evaporated cooler; (8) A statement that Contractor may not pay forcharges that result from illegal activities such as a worthless check or meter tampering, and that the home energy vendor is aware that those charges are the responsibility of the elder; (9) Assurance from the home energy vendor that when the benefit amount to the elder does not pay for the complete charges owed by an elder, the elder is responsible for the remaining amount owed; (10) Details on how the home energy vendor will assist Contractor in verifying the elder's account information and, in the case of crisis assistance, make timely commitments to resolve the crisis. A process should be in place to verify the current amount owed and the minimum amount necessary to resolve the crisis situation; (11) Contractor's commitment to make payment to the home energy vendor within forty-five (45) days of the date of crisis resolution; (12) Assurance from the home energy vendor that when EHEAP payments made to the vendor cannot be applied to the elder's account, the finds will be returned to Contractor or, with Contractor's approval, applied to another eligible customer's account; (13) Assurance that the Contractor shall collect a signed Authorization for Release of General and/or Confidential Information for EHEAP Data from each eligible elder and ensure the signed releases are available for inspection by the Dome energy vendor; (14) Assurance that the home energy vendor is aware that as long as signed Authorization for Release of General and/or Confidential Information for EHEAP Data are collected and available, the home energy vendor will provide the requested customer data to DEO; (15) The agreement will be reviewed by both parties at least every five (5) years; (16) The agreement must be signed by a representative of both Contractor and the vendor who has authority to bind the entity and enter into such commitments; and (17) The )Some energy vendor, with the exception of municipal providers, must be in "active" status with the State of Florida (htip;//sunbiz.org/search.html). The business name on the vendor agreement must match the legal business name on the State of Florida Sunbiz website; and 15. Comply with the Federal Financial Accountability and Transparency Act (FFATA) by securing a Dun and Bradstreet Numbering System (DUNS) number (wwwAnb.com) and maintaining an active and current profile in the System for Award Management (SAM) (www.sam. av). B. STAFFING REQUIREMENTS 1. Use of Subcontractors If an entity other than the Contractor provides any service required under this contract, the Contractor shall ensure the following requirements are met: 26 (June 2020 — September 2021) CARES EHEAP 203.20 a. Eligible entities that provide outreach, perform intake, make eligibility determinations, or process benefit payments must be one of the following: (1) A Local City Government; (2) A Local County Government; (3) A Community -Based Organization; (4) A Faith -Based Organization; or (5) A State Community Services Agency. b. For the term of this contract, each month Subcontractor shall provide to Contractor the following information: (1) The total number of individuals served with crisis assistance for the reportingmonth; (2) The total number of individuals ineligible or denied assistance during the reporting month; (3) The total number of individuals served by referral to other community resources for energy assistance during the reporting month; and (4) The total amount of funding expended for crisis assistance per county for the reporting month. e. Entities providing any service required under this contract must comply with the FFATA. This includes securing a DUNS number (www.dnb.com) and maintaining an active and current profile in the System for Award Management (SAM) (www.sant.P-ov). d. Entities must maintain current written agreements in the following formats with service providers: (1) A MOU shall be executed by both parties if a service provider performs any service required under this contract and is paid for providing specific services without a direct pass -through of federal funds. The MOU shall clearly state program expectations and tite role and responsibilities of each entity. Contractor shall submit a copy of all MOUs to the Agency's Contract Manager within thirty (30) days of the contract execution date; and an EHEAP CARES Act subcontract shall be executed by both parties if a service provider performs any service required under this contract and is awarded a direct pass - through of federal funds to operate the program and provide program services. Contractor shall submit a copy of all subcontracts to the Agency's Contract Manager N-vithin thirty (30) days of the contract execution date. e. Eligible entities must provide the service provider commensurate compensation for the delivery of administrative and outreach activities and for the delivery of crisis benefits. Commensurate compensation of administration and outreach activities shall include cost -reimbursement of actual expenses or a negotiated rate for specific activities. f. if any of the work required under this contract is subcontracted, Contractor shall include in the subcontract that the subcontractor is bound by the terms of this contract, is bound by all applicable state and federal laws and regulations, and shall hold the Agency and Contractor harmless against all claims of any nature arising out of the subcontractor's performance of work under this contract to the extent allowed and required by law. g. Subcontractor shall not be permitted to perform services related to this contract without an executed subcontract and an approved Provider Cost Analysis or MOU verifying that subcontractor's staff is paid from non-federal resources or is compensated for such activities by EHEAP CARES Act. In accordance with Sections 25-26 of the Standard Contract, the Agency shall not be responsible or liable for any obligations or claims resulting from any subcontract. h. Contractor shall document the subcontractor's progress in performing its work under this contract in the quarterly report. CARES EHEAP 203.20 (June 2020 — September 2021) I. For each subcontractor, Contractor shalt provide a written statement to the Agency regarding whether that subcontractor is a minority vendor, as defined in Section 288.703, F.S. j. If this contact involves the use of a subcontractor or third party, then Contractor shall not delay the implementation of its agreement with the subcontractor. If any circumstances occur that may result in a delay of the initiation of the subcontract or in the performance of the subcontractor for a period of sixty (60) days or more, Contractor shall notify the Agency's Contract Manager and the Agency's Chief Financial Officer in writing of such delay. C. SERVICE DELIVERY 1. Service Delivery Location Contractor shall ensure that the services provided under this contract are available to residents within each county in the Planning and Service Area (PSA) by in -person service, telephone, and/or other electronic means. 2. Service Times Contactor shall provide the services listed in this contract during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding holidays and force majeure. 3. Contractor shall publish its service delivery location, toll -free telephone number, and normal business hours in available forms of media (i.e. newspapers, radio, television, website, publications, etc.). D. DELIVERABLES I. Deliverables a. Certification that Contractor must operate during its regular business hours, as identified in Section Ii.C.2. of this contract. b. Contractor shall provide the minimum level of service per month in each county served, as defined in Section I.A.17. 2. Source Documentation The deliverables shall be reported monthly on Contractor's monthly financial status reports. Successful completion of the deliverables shall be determined by the Agency's receipt of Contractor's EHEAP CARES Act Receipts and Expenditure Report (ATTACHMENT Xi) and EHEAP CARES Act Request for Payment (ATTACHMENT XIi) containing the number of individuals served with crisis assistance; number of individuals ineligible or denied assistance; number of applicants served by referral to other community resources for energy assistance; a summary of funds expended per county for the reporting month using the EHEAP CARES Act Cost Reimbursement Summary form (ATTACHMENT XIX); and the certification required in Section I11, E.2. 3. Records and Documentation Contractor will maintain a separate record (paper and CIRTS) for each EHEAP CARES Act applicant that includes the following, as applicable: a. The EHEAP CARES Act Application and Eligibility Worksheet (ATTACHMENT XV) completed and signed by Contractor and the elder. The application must be approved by a supervisor or peer prior to payment remittance. Contactor is responsible for using the most recent application, eligibility worksheet, and EHEAP CARES Act Application and Eligibility Worksheet Instructions (ATTACI-IMENT XV 1) issued by the Agency. (1) if Contractor approves an application, one elderly member of the household must be registered in CIRTS using the EHEAP CARES Act Application and Eligibility Worksheet (ATTACHMENT XV); or (2) If Contractor denies an application, the elder must be registered in CIRTS using the EHEAP CARES Act Application and Eligibility Worksheet (ATTACHMENT XV). 28 t ° (June 2020 — September 2021) CARES EHEAP 203,20 b. The elder's name, address, sex, and age; e. Names, ages and current identification documentation (no more than one year expired) of all household members; d. Social Security numbers and documentation of those numbers for all household members, or the citation to the applicable exemption; e. Signed notice regarding the collection of Social Security numbers (Notice of Instruction ##071113-1-1- SWCBS,_ htip://eideraffairs.state.fl.us/Agency/notices/July 13/i IHF,AP%2ONotice%2Ore%2OSocial%20Securitv%2 ON timbers%20F1nal.pc t); f. Income amount and method of verification for all household members; g. Income documentation to support eligibility that is representative of the elder's current economic situation; Ii. Statement of self -declaration of income, if applicable; h A signal statement ot' how basic living expenses (i.e., food, shelter, and (ransportation) are beingprovided if the total household income is less than fifty percent (50%) of the current Federal Poverty Guidelines and no one in the Household is receiving SNAP assistance; j. Documentation of the elder's obligation(s) to pay an energy bill for the residence in which they live; (1) The elder's utility bill must include detail to identify unallowable categories of assistance resulting from charges for water, sewer, garbage, and fire, etc.; charges resulting from meter -tampering and returned checks; and other charges that are not energy -related and are not required for cooling/heating the household. (2) Use of the most current utility bill(s) which provides the vendor's name and address, account holder's name and physical address, account number, and amount(s) due is required. If an elders utility bill, cutoff notice; door -hanger notice, or similar documentation does not include all of this information, Contractor must ducument the verified missing infbrmation by writing the information on the utility bill and on the EHEAP CARES Act Application and Eligibility Worksheet (AT t'ACHMENT X V). It. Signed Authorization for Release of General and/or Confidential Information for LCHEAP/EHEAP Federal Reporting or a statement on the application which states that the elder refused to sign the waiver; L Copies of approval or denial letters, including those related to the initial application and all appeals,which are provided to the elder; m. If preference is given due to a disability, documentation of such disability that includes disability income or a physician's statement; it. Documentation of referrals to LiHBAP and WAP; o. Notation if EIII AP CARES Act prevented a disconnection or restored an energy disruption; p. Documentation of coordination with 1,11IEAP providers to avoid exceeding the individual crisis cap 1'or households with elderly residents; q. Prouf of payment made to vendors; r. Documentation of calculation of benefits for elders living in subsidized housing; and s. Completed CHEAP CARES Act Client File Content Checklist (ATTACI IMENT XXII). 29 �O (.tune 2020 — September 2021) CARES EHEAP 203.20 E. PERFORMANCE SPECIFICATIONS 1. Reports Contractor is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the Agency. Contractor must establish dune dates for any subcontractor's report that permits Contractor to meet the Agency's reporting requirements. a. Contractor shall report monthly on Contractor's EHEAP CARES Act Request for Payment (ATTACHMENT XI) as delineated in Section II.E.I .e. of this contract. b. Administrative and Outreach Expense Budget Detail Contractor shall submit to the Agency's EHEAP Contract Manager the EHEAP CARES Act Administrative and Outreach Expense Budget Detail (ATTACHMENT IX). The EHEAP CARES Act Administrative and Outreach Expense Budget Detail shall clearly delineate planned expenditures for funds retained by the Contractor and finds subcontracted. The EHEAP CARES Act Administrative and Outreach Expense Budget Detail shall include all Contractor positions, by title, to be paid with these funds and shall detail the estimated number of hours, the hourly wage, and the estimated salary to be paid by EHEAP CARES Act Funding sources, estimated hours, and hourly wage shall be identified for the balance of salary where EHEAP CARES Act funds are used to pay less than one hundred percent (100%) of the salary. c. Provider Cost Analysis State of Florida Chief Financial Officer Memorandum No. 02 (released October 3, 2012), requires Contractor to provide assistance to the Agency's Contract Manager in completing the Agency Cost Analysis for Non -Competitively Procured Contracts In Excess of Category i1. (1) The Contractor shall submit a completed Cost Analysis which shall reflect Administrative, Outreach, and Crisis Service allocations as delineated out the EHEAP CARES Act Budget Summary (ATTACHMENT ViIi) and must be sufficient to explain the expenditures' ailowability, allocability, and reasonableness. The Cost Analysis shall be submitted and approved by the Agency prior to execution of this contract. All subsequent amendments that affect the budget shall also be submitted and approved by the Agency prior to any change. d. Monthly Reports (1) Snrpins/Deficit Report —Lead Agency Spending Report The Contractor shall submit a Consolidated Surplus/Deficit Report, Lead Agency Spending Report, in a format provided by the Agency, to the Agency Contact Manager by the 18"' 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: 0) A list of contracts and their current status regarding surplus/deficit; (ii) The Contractor's detailed plan on flow the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; (iii) Recommendations to transfer funds within the PSA to resolve surplus/deficit spending; and (iv) Input from the Agency's Board of Directors on resolution of spending issues, if applicable; e. For the term of this contract, each month Contractor shall provide to the Agency, by the 9`, of each month for the preceding month, the following information will be entered on ATTACHMENT Xl, Request for Payment, under Part D: Service Information: (1) The total number of individuals served with crisis assistance for the reporting month; (2) The total ntnnber of individuals ineligible or denied assistance during the reportingmonth; (3) The total number of individuals served by referral to other community resources for energy assistance during the reporting month; and (4) The total atnount of funding expended for crisis assistance per county for the reporting month. 30 3 (June 2020 — September 2021) CARES EHEAP 203.20 f. EHEAP CARES Act Quarterly Reports The quarterly EHEAP CARES Act Summary Report shall be submitted based on the following schedule: REPORT REPORTING PERIOD DATE DUE TO AGENCY:.. 1 05/01/20 — 06/30/20 July 09, 2020 2 07/01/20 -- 09/30/20 October 09, 2020 3 10/01//20 — 12/31/20 January 09, 2021 4 01/01/21—03/31/21 April 09, 2021 5 04/01/21 -- 06/30/21 July 09, 2021 6 07/01/21 — 09/30/21 October 09, 2021 (1) The Contractor shall ensure timely and accurate C1RTS data entry of EHEAP CARES Act activity and submit to the Agency's EHEAP Contract Manager the service report entitled "EHEAP Summary" from CIRTS. The report shall reflect the use of EHEAP CARES Act in each county in the PSA and shall be inclusive of all elders applying for crisis energy assistance during the reporting month or period. The EHEAP Summary Report parameters for the program year shall be: (i) PSA; (ii) All Providers; (iii) All Locations; (iv) Start Date (first date of reporting period); and (V) End Date (last date of reporting period). g. Program Effectiveness Reports Contractor agrees to provide to the Agency any additional service reports requested by the Agency concerning the effectiveness of the program and shall include any statistics and information that the Agency may require. The reporting period shall begin with the effective dateof this contract in a format and according to a schedule provided by the Agency for each report. 2. Monitoring and Evaluation Methodology Contractor shall monitor its performance under this contract, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this contract, to ensure that the scope of work is accomplished within the specified time periods and budgets set and that other performance goals stated in this contract are achieved. Such review shall be made for each function or activity set forth in this contract and reported in the quarterly report. a. Contractor shall review completed EHEAP CARES Act applications in accordance with the EHEAP CARES Act Client File Content Checklist (ATTACHMENT XVII). b. The Agency shall, at its own discretion, conduct investigations concerning any aspect of Contractor's performance of this contract. c. The Agency shall conduct a full onsite review of Contractor at least once during each three-year period. Contractor shall allow the Agency to carry out monitoring, evaluation, and technical assistance, and shall ensure the cooperation of its employees, and of any subcontractors with whom Contractor contracts to carry out program activities. 31 `��` (June 2020 — September 2021) CARES EHEAP 203.20 d. The Agency shall conduct desk review activities throughout the year to monitor contractual program requirements. e. The Agency shall conduct EHEAP intake site visits. f. iri conjunction with onsite monitoring visits and desk review activities, the Agency shall review a sample of completed EHEAP CARES Act client files in accordance with the EHEAP CARES Act Client File Content Checklist, (ATTACHMENT XVI1). g. 'File Agency shall conduct follow-up reviews including prompt return visits to Contractors that fail to meet the goals, standards, and requirements established by the state and federal finding agency. F. CONTRACTOR RESPONSIBILITES 1. Make vendor payments directly to fuel and/or (tome energy providers on behalf of eligible elders. 2. Determine the correct amount of each crisis benefit based on the minimum necessary amount needed to resolve the crisis, but not more than the item limits or total limit set by the Agency. The maximum crisis assistance cap for this contract is $2,000.00 per household. 3. Encourage households to seek assistance prior to incurring non -energy penalties such as disconnect/reconnect fees, additional deposits, interest, or late payments. 4. Provide EHEAP CARES Act crisis services to households with elders in every county within the service area. a. Contractor shall ensure that each county within their service area receives a minimum level of crisis services monthly, as delineated in Section 1.A.17.; b. EHEAP CARES Act funded staff shall make themselves available in all underserved counties as needed, to ensure that the minimum level of service is rnet; and c. Contractor shall provide oversight to ensure that the minimum level of service is provided monthly in each county in Contractor's service area. 5. Make crisis benefit payments to vendors on behalf of approved elders within forty-five (45) days of the date of crisis resolution. 6. Make payments on behalf of those elders with the highest home energy needs and the lowest household income, which will be determined by taking into account both the energy burden and the unique situation of households that result from having members of a vulnerable population, including very young children, the disabled and frail elders. 7. Refund to the Agency, with non-federal funds, all funds incorrectly paid on behalf of elders that cannot be collected from the elder. 8. Develop adequate procedures to ensure EHEAP CARES Act funds are appropriately budgeted and expended in all counties within Contractor's service area. Procedures should include referral to other community agencies when funds budgeted for a particular time period are exhausted and elders are subsequently denied. 9. Develop monitoring and oversight procedures to ensure that administrative costs that exceed the contracted EHEAP CARES Act administrative award to Contractor at- Subcontractor are paid from non-federal sources. 10. Develop adequate procedures to address the use of EHEAP CARES Act funds for elders who are on oxygen support or a "Lifeline Program" and must have power. 11. Develop a written policy regarding the use of funds for repairing or replacing heating or cooling equipment. The procedures must address the conditions under which an elder is eligible for such funds and what constitutes an emergency related to lack of heating or cooling. 32.a (June 2020 — September 2021) CARES EHEAP 203.20 12. Ensure providers and appropriate staff participate in training opportunities scheduled by the Agency to cover EHEAP CARES Act policies and procedures. 13. Ensure the provision of training for all providers and staff members assigned responsibilities within the program. 14. Maintain an EHEAP Policies and Procedures Manual to serve as a local resource for program administration, training, and reference. The EHEAP Policies and Procedures Manual shall be distributed to all subcontractors that provide any service under EHEAP CARES Act. The EHEAP Policies and Procedures Manual shall be reviewed during, and in accordance with, the Agency's EHEAP contract monitoring schedule, and shall include the following: a. The State of Florida LIHEAP Policies and Procedures Manual; b. An MOU or Subcontract with EHEAP CARES Act providers; c. An MOU with all service area LIHEAP CARES Act providers; d. An MOU with all service area WAP providers; e. Contractor's cost allocation methodology; f. Written policies and procedures to ensure that all energy assistance payments made to home energy vendors comply with the requirements of the Vendor Agreement; g. Adequate procedures to ensure that EHEAP CARES Act finds are appropriately budgeted and expended in all counties within Contractor's service area; h. Policies regarding the detection and prevention of fraud and abuse of program funds; i. Policies that address serving family members and employees; j. Policies and procedures to secure applicant Social Security Numbers in order to protect applicants' identities; lc. Procedures for computer system backup and recovery; 1. Procedures for referral or access assistance to the "Lifeline Program'; in. A policy outlining the criteria to determine if a household has a "home energy crisis" and the inforniation and/or documentation required to verify the crisis; n. Policies and procedures for determining the eligibility of elders applying for EHEAP CARES Act; o. Policies which encourage households to seek assistance prior to incurring non -energy penalties such as disconnect/reconnect fees, additional deposits, interest, or late payments; p. Procedures referring elderly homeowners who have received more than three energy benefits (EHEAP or LIl-IEAP) in the last eighteen (18) months to the WAP provider; q. A policy concerning the use of funds for the purchase or repair of heating or cooling equipment; r. Policies and procedures which detail allowable tiniefianies for elders to submit required documentation, if missing at the time of application; s. A resource guide, or the utilization of the Information and Referral database (ReferNET), to access other energy assistance resources available at the local level to provide referrals to elders when EHEAP CARES Act funding is not available or they do not qualify; t. Consumer appeal procedures that provide an opportunity for a fair administrative hearing at the provider level to elders whose applications for assistance are denied, or whose applications are not acted upon with reasonable promptness; and 33 (June 2020 — September 2021) CARES EHEAP 203.20 u. Policies and procedures for conducting home visits to home -bound elders for completion of the program application or eligibility determination when other assistance is not available. 15. Notwithstanding that tasks for which the Contractor is held accountable involve coordination with other entities in performing 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. G. AGENCY RESPONSIBILITIES 1. The Agency may provide technical support and assistance to the Contractor within the resources of the Agency to assist the Contractor in meeting the requirements of this contract. The support and assistance, or lack thereof, shall not relieve the Contractor from full performance of contract requirements. 2. The Agency will provide to Contractor the State of Florida LIHEAP Policies and Procedures Manual.The State of Florida LIHEAP Policies and Procedures Manual will provide information and procedures needed to administer EI-IEAP CARES Act in Florida. a. This contract excludes all provisions of the State of Florida LIHEAP Policies and Procedures Manual in reference to LIHEAP Regular Home Energy Annual Benefits. b. To the extent any conflict arises between this contract and any incorporated reference contained herein, this contract shall have precedence. III. METHOD OF PAYMENT A. PAYMENT METHOD USED The Method of Payment for this contract is cost reimbursement, 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 11, Manner of Service Provision, and in accordance with other terms and conditions of this contract. 1. Cost Reiniburseinent The Contractor agrees to distribute funds as detailed in the EHEAP CARES Act Budget Summary (ATTACHMENT 1X) attached to this contract. Any change in allocation of categorical or total amounts of fiends identified on the EHEAP CARES Act Budget Summary form require a contract amendment. Payment may be authorized only for allowableexpenditures, which are in accordance with the limits specified in ATTACHMENT Vlll. All Cost Reimbursement EHEAP CARES Act Requests for Payment must include the actual EHEAP CARES Act Receipts and Expenditure Reports beginning with the fast month of this executed contract. a. Budget Summary Contractor agrees to implement the distribution of finds as detailed in the EHEAP CARES Act Budget Summary (ATTACHMENT Vlll). An amendment is required to change category allocations or the total amount of this contract. (1) Administrative Expense Administrative expenses include costs for general administration and coordination of the program, including direct and indirect costs. This includes the salaries, fringe benefits (i.e. insurance, retirement, etc.), rent, utilities, travel, etc, associated with financial and administrative management of the program. The use of other federal funds to supplement the administrative operations of EHEAP CARES Act, above and beyond the budgeted amount, is prohibited. Administrative costs that exceed the contracted EHEAP CARES Act administrative award to Contractor or subcontractor must be paid from non- federal sources, Contractors must have adequate procedures for monitoring and oversight to ensure compliance. 34>.; CARES EHEAP 203.20 (Jule 2020 -- September 2021) (2) Outreach Expense Outreach expenses are those costs incurred in delivering EHEAP CARES Act services that are not purely administrative in nature. This may include staff and subcontractor expenses such as salaries, fringe benefits (i.e. insurance, retirement, etc.), rent, utilities, travel, etc. for those employees performing outreach and intake. Outreach expense shall not include senior management expense, except when outreach and intake involving direct contact with elders occurs. Documentation to support this exception shall be maintained by Contractor and available upon request. c. Indirect Cost Rate Per 2 C.F.R. § 200.33 1 (a)(4), Subrecipients of federal awards are required to have an approved, federally recognized indirect cost rate negotiated between the Subrecipient and the Federal Government. If no such rate exists, then the Subrecipient shall have either a rate negotiated with the Agency (in compliance with 2 C.F.R. Part 200), or a de minimis indirect cost rate as defined in 2 C.F.R. § 200.414(o. Subrecipient shall maintain its current indirect Cost Rate Proposal and make tine proposal available upon request. if Subrecipient chooses to use tine de minimis rate, Subrecipient shall make sure it is entitled to use that rate and include a statement to that effect. Subrecipient is not obligated to establish an indirect cost rate if Subrecipient does not charge an indirect cost rate. 2. Advance Payments Advance payments will not be issued for this project. B. The final request for payment is due to the Agency no later than October 15, 2021. C. METHOD OF INVOICE PAYMENT Payment shall be made upon Contractor's presentation of an invoice subsequent to the acceptance and approvalby the Agency of the deliverables on the invoice. The form and substance of each invoice submitted by Contractor shall be as follows: 1. Have Remittance Address that corresponds exactly to the "Remit To" address provided to My Florida MarketPlace (MFMP) during registration; 2. Request payment for services as established in the EHEAP CARES Act Service Rate Report (ATTACHMENT XIX); 3. Contractor shall consolidate all Requests for Payment from subcontractors and Receipts and Expenditure Reports that support requests for payment and shall submit them to the Agency using the EHEAP CARES Act Receipts and Expenditure Report (ATTACHMENT X), EHEAP CARES Act Request for Payment (ATTACHMENT XI), and EHEAP CARES Act Cost Reimbursement Summary (ATTACHMENT XVIII); 4. Contractor shall include required supporting documentation as delineated in Section II1.E. with the cost reimbursement portion of the invoice. 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. SUPPORTING DOCUMENTATION REQUIREMENTS For the reporting month, Contractor shall include the following with Request for Payment: 1. The number of individuals served that include: a. The number of individuals served with crisis assistance during the reporting month; b. The number of individuals ineligible or denied assistance during the reporting month; c. The number of individuals referred to other community resources for energy assistance during the reporting month; 35 (June 2020 — September 2021) CARES EHEAP 203.20 2. Certification that Contractor operated during its normal business hours during the reporting montli; 3. The total amount of funding expended for crisis assistance per county for the reporting period; and F. FINANCIAL CONSEQUENCES Failure to meet the deliverables described in this contract may result in a financial consequence and may result in the redistribution of funding. Contractor shall ensure the provision of services and the successful completion of deliverables as set forth in this contract. 1. The Agency shall not reimburse any expenditures associated with Deliverables not accepted by the Agency as successfully completed; however, this does not preclude Contractor from receiving payment for such expenditures upon successful completion of the deliverable. 2. If Contractor fails to be open and available for services according to its regular business hours as identified in Section II.C.2, of this contract, excluding weekends or state and federal holidays, Contractor shall pay to the Agency financial consequences for such failure, unless the Agency waives such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. 3. Contractor's failure to operate according to its regular business hours shall result in an assessment of a financial consequence in the amount of $10.00 per day. 4. Any amounts due from financial consequences shall be paid by Contractor out of non-federal funds G. REMEDIES -NONCONFORMING SERVICES Contractor shall ensure that all participants served under this contract are eligible for the program and that all monthly and/or quarterly performance reports and financial records are maintained for each reporting period and submitted as stipulated in this contract. 1. Any nonconforming program service, performance report, or financial record not meeting the aforementioned requirements is not eligible for reimbursement tinder this program. Contractor shall solely bear the costs associated with enrolling, training, reporting and/or managing the program. Contractor shall give immediate notice to the Agency of any significant and/or systemic infi•actionthat compromises Contractor's ability to provide participant services, to achieve programmatic performance, or to provide sound financial management of the program. H. CONSEQUENCES FOR NON-COMPLIANCE Contractor shall ensure that one hundred percent (100%) of the deliverables identified in this contract are performed Pursuant to contract requirements. The deliverables described in Section II.D. are identified as major deliverables in this contract. 1. 1f at any time the Contractor is notified by the Agency's Contract Manager that it has failed to correctly, completely, or adequately perform these major deliverables, the Contractor will have ten (10) days to submit a Corrective Action Plan (CAP) to the Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the Contract Manager. The Agency shall assess a Financial Consequence for Non -Compliance on the Contractor for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also assess a Financial Consequence for failure to timely submit a CAP. if Contractor fails to timely submit a CAP, the Agency shall deduct 1% of the monthly value of the administrative funds in the contract for each day the CAP is overdue, beginning the 1 I`h day after notification by the Contract Manager of the deficiency. The deduction will be made from the payment for the invoice of the following month. 2. In the event that Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, the Agency shall deduct, from the payment for the invoice of the following month, 1% of the monthly value of the administrative funds in the contract for each day the deficiency is not corrected. The Agency may also deduct, from the payment for the invoice of the following month, 1% of the monthly value of the administrative funds in the contract for each day the Contractor fails to timely submit a CAP. 36 c ,i (June 2020 — September 2021) CARES EHEAP 203.20 IV. SPECIAL PROVISIONS A. The following is incorporated by reference; 1. State of Florida LIHEAP Policies and Procedures Manual. B. Modifications The Agency shall not be obligated to reimburse Contractor for expenditures in excess of the funded amount of this contract unless and until the Agency officially approves such expenditures by executing a written modification to the original contract, signed by both parties. 1. Contractor must use a Agency approved budget modification process. 2. For the purpose of transferring funds, the following are considered budget categories: (1) Administration, (2) Outreach, and (3) Crisis Assistance. END OFATTACHMENT 37� (June 2020 — September 2021) CARES EHEAP 203.20 ATTACHMENT 11 FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Agency to the Contractor may be subject to audits and/or monitoring by the Agency, 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 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 tine 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 Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Pail 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 and 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 announts 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 1, 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, all 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 ill 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 tine 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 Agency 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. 38 tC i (June 2020 — September 2021) CARES EHEAP 203.20 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 Chapter 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 Pala 11, paragraph 1, the Contractor shhall 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 file 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, For local governmental entities, 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 Pascal year end. For non-profit or far -profit organizations, financial reporting packages required under this part must 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 financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Paint 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: Federal Audit Clearinghouse Bureau of the Census 1201 East 10°i Street Jeffersonville, IN 47132 Pursuant to 2 CFR § 200.512, all other Federal agencies, pass -through entities and others interested in a reporting package and data collection forth must obtain it by accessing the Federal Audit Clearinghouse. 39 r *, (June 2020 September 2021) CARES EHEAP 203.20 The Contractor shall submit a copy of any management letter issued by the auditor directly to the Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency o►► Aging for Southwest Florida, Inc. Attn: Chad Tripp, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment, Part 11, shall be submitted by or on behalf of tite 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: Chad Tripp, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Sheet Tallahassee, Florida 32399-1450 Any reports, management letters, or other information required to be submitted to the Agency pursuant to tills contract shall be submitted timely in accordance with 2 CFR Pail 200, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Contactors, when submitting financial reporting packages to the Agency for audits done in accordance with 2 CFR Part 200 or Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the repotting package was delivered to the Contractor in correspondence accompanying the reporting package. PA1tT IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contact for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the CFO, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Agency or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date tite audit report is issued, unless extended in writing by the Agency. 40 (June 2020 —September 2021) CARES EHEAP 203.20 ATTACHMENT II -EXHIBIT I PART I: AUDIT RELATIONSHIP DETERMINATION 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 It 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 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. _C_ 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 691-5.006, F.A.C. (state financial assistance) and/or 2 CFR § 200.330 [federal awards]. PART 11: 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 finds 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 Fligher 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 41 ►O (June 2020 — September 2021) CARES EHEAP 203.20 *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 691-5, F.A.C. State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations 42 CARES EHF,AP 203.20 (June 2020 — September 2021) ATTACHMENT II -EXHIBIT 2 FUNDING SUMMARY (2020-2021) 11ltZLlti,i Title 2 CFR, as revised, and Section 215.97, F.S., require that the information about Federal Programs and State Projects included in ATTACHMENT 11, 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 SU13RECIPIENT PURSUANT TO THISCONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): 17EA-OF-13-00-16-003 FEDERAL AWARD DATE: DUNS NUMBER: 076997790 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Emergency Home Energy Assistance for the Elderly Program — Coronavirus Aid, Relief, And Economic Security (CARES) Act United States Department of Health and Human Services 93.568 Collier $ 56,406.20 TOTAL FEDERAL AWARD S 56,406.20 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFA 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: PATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD rATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97 F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N gTF. FINANCIAL ASSISTANCE Sections 215.97 R. 215.971, F.S., Chapter 691-5, F.A.C., State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, miles, and regulations 43 (!tine 2020 — September 2021) CARES EHEAP 203.20 ATTACHMENT III CERTIFICATIONS AND ASSURANCES 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 SimpensionCertification C 1 45 CFR Part 75) B. Certification RegUrdilIg LobbyhjgC kart 93 and 45 CFR Part 93) Cei-tafication Regarding Public EntitXCrimes. section 287,133, E. Association of I I r1 • i t 1 , Reform ► 1 • ► 1 (Pub. ScrutinizedF. Ili / 1 No BoXcott of Israel Certification,section G. 1 1 Compliance 1 /r Contracts. Agmements.Grants. ! i IlrAgreements VerificationH. of LimUlol.,mentCertification 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, I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi•ont 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. 44'' . (.tune 2020 — September 2021) CARES EHEAP 203.20 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 tie 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 fiends 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 1-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 front the Agency. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-1 12), 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. 45 (��� (fume 2020 — September 2021) CARES EHEAP 203.20 S. Title 1X 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 Set -vices (45 CFR Part 85), 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. C. 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. 7. 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 t — 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 AGENCY and tine 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 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. I I 1-117). 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. 111-1 17. 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 AND NO BOYCOTT OF ISRAEL CERTIFICATION, SECTION 287,135, F.S. In accordance with section 287,135, F.S., Contractor hereby certifies that it has not been placed on the Scrutinized Companies that Boycott Israel List and that it is not engaged in a boycott of Israel. 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 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 is not engaged in business operations in Cuba or Syria. (June 2020 — September 2021) CARES EHEAP 203.20 Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may result in the Agency terminating this contract and the submission of a false certification may subject Contractor to civil penalties and attorney fees and costs, including any costs for investigations that led to the finding of false certification. 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) tine source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 2. Management information Systems used by the Contractor, Subcontractors, or any outside entity oft 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 clop 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 that 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 Agency, 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 dining the contract term to perform employment duties Pursuant to this contract, and that any subcontracts include all express requirement that Subcontractors perforating 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 agreentents/contracts and that all Subcontractors shalt certify compliance 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 Circulars A-102 and 2 CFR Part 200 and 215 (formerly OMB Circular A-1 10). 47 (June 2020 — September 2021) CARES EHEAP 203.20 1. RI+:C:ORI),S ANI) DOC:t)MF,N'1'A'1'ION The Contractor agrees to make available to Agency staff andlor 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 oa 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 Section 10 of the Standard Contract, sections 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.5., 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 perforined 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 clues 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 du so, under reasonable circumstances. Additionally, l certify this organization does X 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 if applicable, as stared above. By execution of this contract, Contractor must include these provisions (A-J) in all related subcontract agreements (if applicable). By signing below, Contractor certifies that the representations outlined in parts A through .l above are true and correct. _ i ,Hture and Titleyo Authuriaed Repres ntati e , Y Stc"J. Aj-Uc"-" 3M�10 :nntt actor LDnte City, Mate, Zip cc►dp 48 D �U� (June 2020 — September 2021) CARES EHEAP 203.20 ATTACHMENT IV ASSURANCES NON -CONSTRUCTION PROGRAMS Public repotting burden for this collection of information is estimated to average forty -live (45) minutes per response, including tine 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 (his 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 awardingagency. 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) Sections523 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 Vlll of the Civil Itights 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. 49 (June 2020 — September 2021) CARES EMEAP 203.20 7. Will comply, or has already complied, with the requirements of'fitles 11 and ill of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in 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. it. 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) 1 i514; (b) notification of violating facilities pursuant to EO 1 1738; (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.0 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. 50 `� (June 2020 — September 2021) CARES EFILAP 203.20 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. Sl! MAL)T110RIZLD CLI(' 'Il lING OFFICIAL I TITLE l 4 P API LICAN ORG' ANAAT ION DATE 'UHMI'1" I ED I C) I aoz , (June 2020 — September 2021) CARES EI-IEAP 203.20 ATTACHMENT V FLORIDA 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, AT-rACIIED INSTRUCTIONS FOR ILLUSTRATIVE INFORlbIATION, WHICH WILL HELP YOU CONIPLE'rE "rills 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 folk 2. Population of area served 3. Staff currently employed 4. Clients currently enrolled/registered 5. Advisory/Governing Hoard if applicable owing: Total �# % White % Black % Hispanic % Other % Female % Disabled % Over 40 Source of data: Effective date: Effective date: PART 11: USE A SEPARATE SHi ET OF PAPER FOR ANY EXPLANATIONS REQUIRING NIORE SPACE. IF N/A or NO, E\PLAIN, G. Is art Assurance of Compliance on file with AGENCY? 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 ID. 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 empl..oyees, applicants and art icipart s informed of their protection against discrimination? If YES, howl N/A YES NO Verbal El Written ❑ Poster ❑ ❑ ❑ 52 (June 2020 — September 2021) CARES EHEAP 203.20 13. Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER against the program/facility. ❑ 14. Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? N/A YES NO ❑ ❑ ❑ PARTIII: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES NYITH 15 OR MORE ENIPLOYEES. 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 a o 18. Do recruitment and notification materials advise applicants, employees, and participants of nondiscrimination on A' ES NO the basis of disability? El R 19.Are auxiliary aids available to ensure accessibility of services to hearing and sight -impaired individuals? YES NO D ❑ PAR'r IV: FOR PROGRAMS OR FACILITIES WITH 50 OR NIORE EiNPLOYFES AND FEDERAL CONTRACTS OF S50,000.00 OR \MORE. 20. Do you have a written affinnative action plan? IfNO, explain. YES NO ❑ D Reviewed by In Compliance_ YES []NO*❑ Program Office *Notice of Corrective Action Sent Date Telephone Response Due I _! On -Site ❑ Desk Review El Response Received / / (June 2020 — September 2021) CARES EHEAP 203.20 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, sex, disability, and over the age of 40. 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, disability, and over the age of 40. 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, disability, and over the age of 40. Include the date that enrollment was counted. a. 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. 5. Enter the total number of advisory board members and their percent by race, sex, d isability, and over the age of 40. 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 Part 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? 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. 9. 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). 10. For in -patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability, 45 CFR 80.3 (a). 11. The 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 or plan for 54 (.tune 2020 — September 2021) CARES EHEAP 203.20 12. 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 V1 available to their participants, beneficiaries, or any other interested parties. 45 CFR § 80.6(d). This should include information on their right to file a complaint of discrimination with either the Agency and/or Department or the U.S. Department of Health and Human Services. '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. 14. Report number of discrimination complaints filed against the program/facility. Indicate the basis (e.g. race, color, creed, sex, age, national origin, disability, and/or retaliation) and 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 whore the complaint has been filed. Indicate the current status of tile complaint (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 mobility, hearing, and sight -impaired 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, and 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. Evaluate, with the assistance of disabled irtdividual(s)/orgartization(s), current practices and policies that do not or may not comply with Section 504; b. Modify policies and practices that do not meet Section 504 requirements.; c. Take remedial steps to eliminate the effects of any discrimination that resulted from adherence to these polocies and practices; and d. Maintain self -evaluation on file, including a list of the interested persons consulted, a description of areas examined, any any problems identified, and a description of any modifications made and of any remedial steps taken 34 CFR § 84.6. (This checklist may be used to satisfy this requirement if these four steps have been followed). 17. Programs or facilities that employ 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Part 84 of Title 45, CFR45 CFR § 84.7(b). 18. Programs or facilities that employ 15 or more persons shall designate at least one person to coordinate its efforts to comply with Part 84 of Title 45, CFR. 45 CFR § 84.7(a). 19. Programs or facilities that employ 15 or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees that the program/facility does not discriminate on the basis of handicap in violation of Section 504 and Part 84 of Title 45, CFR. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in publications of the programs or facilities, and distribution of memoranda or other written communications. 45 CFR § 84.8(a). 55 (�, R (June 2020 — September 2021) CARES EHEAP 203.20 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 to afford such persons an equal opportunity to benefit from the service in question. Auxiliary aids may include, but are not limited to, brailed and taped materials, interprelers, and other aids for persons with impaired hearing or vision. 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. 56 ej CL O CCU 4fr 40 +Fr -b+l .6+ -bpr 44` 40! 42+. 4A- -bolp- 44:0-: V+ 4W 401-: A01r, 4d+; iA-. -b-, 1-4 (June 2020 — September 2021) CARES EHEAP 203.20 ATTACHMENT VII BACKGROUND SCREENING BACKGROUND SCREENING I i)ru A F1 -Alu 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. Y The term "employer" means any person or entity required by law to conduct background screening, including but notlimited to, Area Agencies on Aging/Aging(and Disability) Resource Centers, lead Agencies, and Service Providers that contract directly or Indirectly with the Department of Elder Affairs (DOEA), 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. Y 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 racllitles; and volunteers." § 430.0402(1)(b), Fla. Stat. ATTESTATION: As the duly authorized representative or Employer Name located at Street Address City State ZiPcode I, do hereby affirm 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 2 background screening. Signature of Representative Date STATE Of FLORIDA, COUNTY OF Sworn to (or affirmed) and subscribed before me this day of , 20J by (Name of Representative) who is personally known to me or produced as proof of identification. Print,Type, or5tampCommissioned Name ofNotaryPtiWic Notary Public DDEA Form 235, Affidavit of Compliance -Employer, EffectiveSeptember 21. 2017 section 435.05t31, F.S. Formayallableat: htlp:/Ieideraffaks.state.fl.us/englfsh/bacMroundscreenlng.ohp 58 �� t ���� (June 2020 — September 2021) CARES EHEAP 203.20 ATTACHMENT VIII EHEAP CARES ACT BUDGET SUMMARY AGENCY: AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. TOTAL .OUTRIACH BUDGET Collier. $ 7,770.I0. CRISIS ASSISTANCE. Collier. 43,979.79.. TOTAL Collier $ 56,406.20 Projected tninimuin number of individuals to be served Crisis Energy Assistance * Collier = 154 *Eligible households may be provided with more than one benefit, totaling no more than $2,000.00. The minimum number of individuals to be served crisis energy assistance may reflect duplicated consumers if a consumer receives multiple benefits. 59 (0 s . (.tune 2020 -- September 2021) CARES EHEAP 203.20 ATTACHMENT IX EHEAP CARES ACT ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL PSA CONTRACT # Emergency Home Energy Assistance Program CARES Act Administrative & Outreach Expense Budget Detail ADD ADDITIONAL LINES AS NEEDED - 50.00 - - -- $0.00 �0.130 -$0.00 $0.00 .._._..._- ------ . _ ....... -_$0.00 $0.00 $0,00 $0.00 $0, 00 $0, 00 _..... _ ._....._ ....,....._.....,. ............. - _.Y $0.0000 — - 0.00 _ $0.00 ,.. $0.00 TotalI1.00 Administration Subtotal $ - Outreach Subtotal $ - Total $ - 60 ' p (Julie 2020 - September 2021) CARES EHEAP 203.20 ATTACHMENT X RECEIPTS AND EXPENDITURE REPORT CARES ACT EMERGENCY HOME ENERGY ASSISTANCE PROGRAM PROVIDER NAME, ADDRESS, PHONE# AND FEID# Program Funding Source : Contract # EHEAP Contract Period CARES ACT (Emergency Home Energy Report Period Assistance for the Elderly Program) Report # Invoice # PSA CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. To the best of my knowledge, all CIRTS is accurate and correct. Prepared by: Date : Approved by: Date PART A: BUDGETED INCOME/ RECEIPTS 1, Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. Agreement Amount $0.00 $0.00 $0.00 % 2. Interest on Agreement Funds $0.00 $0.00 $0.00 °% 3. TOTAL AGREEMENT AMOUNT $0.00 $0.00 $0.00 % PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Administration $0.00 $0.00 $0.00 % 2. Outreach $0,00 $0.00 $0.00 % 3. Crisis Services $0.00 $0.00 $0.00 °% 4. TOTAL EXPENDITURES $0,00 $0.00 $0.00 % AGENCY FORM 105pca (June 2020 - September 2021) CARES EHEAP 203.20 ATTACHMENT X1 REQUEST FOR PAYMENT REQUEST FOR PAYMENT CARES ACT EMERGENCY HOME ENERGY ASSISTANCE PROGRAM CONTRACTOR NAME, ADDRESS, PHONE# and FEIO# TYPE OF REPORT: Contract# Contract Period Advance Request Request Period Report # Reimbursement Request Invoice # PSA CERTIFICATION: I hereby certify that this request to the best of my knowledge to be complete and correct and conforms with the terms of the above coniracl. To the best of my knowledge, all CIRTS Is accurate and correct. Prepared by: Dale: Approved by Dale: PART A: BUDGET SUMMARY ADMINISTRATION OUTREACH CRISIS TOTAL SERVICES SERVICES SERVICES $0.00 $0.00 $0.00 $0.0o 1. Approved Contract Amount 2. Previous Funds Received (or $0.00 $0.00 $0.00 $0.00 Contract Period 3. Contract Balance (line I minus fine 2) $0.00 $0.00 $0.00 $0.00 4. Previous Funds Requested and Not $0.00 $0.00 $0.00 $0.00 Received for Contract Period S. Contract Balance (line 3 minus line 4) $0.00 $0,00 $0.00 $0.00 PART B: CONTRACT FUNDS REQUEST 1. Anticipated Cash Needs $0.00 $0.00 $0.00 $0.00 (1 at - 2nd month, Attach Justification) 2. Not Expenditures For Month $0.00 $0.00 $0.00 SO.00 (AGENCY Form 105PCA, Part B. Line 6) 3. TOTAL $0.00 $0,00 $0.00 $0.00 PART C: NET FUNDS REQUESTED 1. Less Advance Applied $0,00 $0.00 $0.00 $0.00 2. TOTAL FUNDS REQUESTED $0.00 $0.00 50.00 $0.00 (Part B, Line 3 minus Part C, Line 1) PART D: SERVICE INFORMATION Number of individuals served with crisis assistance during the report month: Number of Individuals ineligible or denied assistance during the report month: Number of individuals served by referat to other community resources for energy assistance during the report month: Certification statement: Contractor hereby certifies that It has been open and operating during its normal business hours for the reporting month, as described in the Statement of Work section, of the EHPAP contract. AGENCY FORM 106PCA 62 CARES EI-IEAI' 203.20 (June 2020 — September 2021) ATTACHMENT XII EHEAP CARES ACT INVOICE REPORT SCHEDULE Report Number Based Upon 1 June Invoice 2 Jule Invoice 3 August Invoice 4 September Invoice 5 October Invoice 6 November Invoice 7 December Invoice 8 January Invoice 9 February Invoice 10 March Invoice I I April Invoice 12 May Invoice 13 June Invoice 14 July Invoice 15 August Invoice 16 September Invoice 17 Final Request for Payment Date Due to the Agency July 09, 2020 August 09, 2020 September 09, 2020 October 09, 2020 November 09, 2020 December 09, 2020 January 09, 2021 February 09, 2021 March 09, 2021 April 09, 2021 May 09, 2021 June 09, 2021 July 09, 2021 August 09, 2021 September 09, 2021 October 09, 2021 October 15, 2021 Note 1 Advance payments will not be issued with the project. Note 2 Submission of invoices may or may not generate a payment request. if final invoice reflects funds due back to the Agency, payment is to accompany the final invoice report. Note 3 ALL Expenditure Reports are due by 12:00 p.m. on the 9th of each month. IF the 9,h falls on a Saturday, then the report will be due by the 8th by 12:00 p.m. AND IF the 9th falls on a Sunday, the report will be due by the I Oth by 12:00 p.m. Actual submis- sion 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. 63 ;�•..: (.dune 2020 — September 2021) CARES EHEAP 203.20 ATTACHMENT XIII FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) POVERTY INCOME GUIDELINES* EFFECTIVE JULY J, 2020 PEOPLE IN THE HOUSEHOLD 150% 1 $19,140 2 $25,860 3 $32,580 4 $3%300 5 $46,020 7 $5%460 8 $66,180.. For each additional person in the household with more than 8 eo le, add: $ ,6,720.. *These figures are based on the 2020 U.S. Department of Health and Human 5elvices (HH5) poverty guidelines published in the Federal Register on January 17, 2020. (,tune 2020 — September 2021) C:ARM F.HHAP 203.20 ATTACHMENT XIV EHEAP CARES ACT SOURCES OF INCOME, EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY — CARES ACT FY 2020/2021 SOURCES 01-4 INCOME EFFECTIVE June 1, 2020 SOL1tCES OF INCMIE I EXCLUDED (lnchtdes total annual cash reccints before taxes from all sources] SOURCES UH INCOME 1. Niouey wages mull stdaries betUre any detlUCtintl3 2. Net receipts from non -farm employment (receipts from a petsou's oant unincorporated business, professional enterpr6e, or pathrership, after deductions for business expenses, 3. Net receipts from farm self-empinymcnt (tuccipts from a farm which one operates as an uaeter, renter, or sharecropper, after dr(hietions for farm operating expenses) 1. ItEr.t;lll,rtR PrtYbll?N'I:SE'ltt7h1; SU611 Security Railroad retirement Strike beucGts from uniuu funds NCh3rker's comprnsatioa Veteran's payments Public Assistance or Temporivy Assistance tar Nods families ,TANP), Supplemental Security Income, and non -federally- funded General Amsistaucc or Ccuend Relief looney payntatts. a. Payments to foster chiltlreri rlge IS or older rcccircd through dic lndrpet3dtn3t Living I'rngram G. 'Training stipends 7. Aliitimny S. Child Support 9. Social Security, Benefit C;arnishcs for Nun -Payment of School Loans, f l'he total amount of the Social Security Retirement hcticrit including the garnished deduction must be used when calculating the npplicant's income.) 10. Nilitary family allotment or nthor rcgtdar support from a family member or someone not king in the household 11. Private pensions 14. Government employee pensions 'including military rctiremcnit pay) 13. Regular insurance of annuity pay nicnts 14. Educutuinal Assistance: (;rants, Fellowships, As,tstanrshlps, College or UnivuNity Scholarships — Only count ns income those funds Fpccirmally allatted for living expenseg 1 i. Dividends 16. 1 merest 17. Net rental income 18 Nrt royalties 19. Periodic rcccipls (runs rstnres nt tn3stF 20. Net mimblina fir Iottcn- winnintts 65 1. C API'I'AL CGAIN5 Any Assets drawn down :ts withdrawals from a bank, the sale of property, a house or a car. 2. Tax Refunds 3. Gifts 4. Loans S. Lump -sum inheritances G, One-time insurance payments 7. foster Care Payments* & Compensation for injury 9. Combat zone pay to the military 10, Adoption Subsidies 11. Reveme \Iortgage Payment, 12. NUN-CA511 HENLF-1.1'5 (a) (:mplover-paid or union paid portion of healrh insunince ur other employee benefits (b) Food or housing received in lieu of wages (e) 'I he tnilue of hind and tuel produced and consumed on fttrrtts. (d) Thu unputed value of rent (not owner -occupied non -harm nr farm housing. (c) 1•cdcral non-caslt beimfir programs such as Medicare, Medicaid, I'ood Stamps, school lunches, and housing as;krance. 13. Supplenwolal Sccutily Income (SSI) beucfrts cannot be garnished for any reason unless a rrcipirnt nxcived an ovt:rintyment of bcnctits. The total amount of the SSi hrnefit minus the garnished deduction for recoupment must be used when calculating the :applicant's incomr. *Persons whose cost of residence is paid through a foster care or residential priNrtm administered by the state cannot be counted as household members. 14. Stimulus paynienls front the fedend government in relation to the Cornnanints Disease u711 tint he considered income and N01 not be considered in determining a household's Petirral Poverty Level (150% or below). 15. Any type of unemployment payments will not be counted as income. (June 2(]2Q—September 21 .,) ` 'ARES EHEAP 20120 ATTACHMENT Xv EHEAP CARES ACi' APPLJCATION AND ELIGIBILITY WORKSHELT Narlfe: (Fmr.M, Lvn C E►IEAP CARES Act Doleofbirib: Age: SSN: Untiee address: Mile Sta ni p Intake worker's nantc, City Flaide County 2111 Codc: Sex: 0 tidslc dFcmalc Vttmberofpaoplelit t'tehtxtseltold: Pho1w. PGtnrc. binlital 'Status. LJ Munwd U Patinvie l U Single U Scluirowd G Diyorced ❑ Widoaved Race- n White 1`1 Nlaek/African American 1-1 Asian n Native Hawaiiawpacific Isiandef Q American IndiurdAlaska Native ❑ Otltet I:dmiclty: O HispmirUlino L 011u:r Prinury Limpullc: U English v Spanish O Othcr Duos Ghent have limited ability rcudnrg, wntrug, spcuking, or undewurdmg the English langunyltc7 U Yea U No Is file client a yeteiall? ❑ Ye5 0 No Wns On.-ta iefe,ied to d1c fluent Vvinnv'6 Affairs ollice't U Yes U No U NiA Applicant's income typr(s) Applicant's monthly tneoure amourn: Name Ilax4ne type(s) Age: SSN: INIelublyincome anoount: Name: Income type(s): Age: SSN: lvfonlhly income fanottnC Name: hlcoma ly ds] Age: SSN: lvlmtthly Gterofmalatawt: Name intone type(s), Ate SSN: Afuuthly inculleeurutull: Name Incoute type($) SSN: isionthly income amount: Age: Is there a child 5 years of age oryoungcr in the household? O Yes O N'o 1f Ycs, select all that applies: 1-1U•2 years old 1J 3-5 yettrs old Is there an individual with a disability In file hrnlsellnid? 0)'" 01,114 is due applicant a t!.S. cilittvl In cot alien lawfully arGniued Ctu peunelleal iesiderrce7 Oyes 111141 19 the applicant a hanteownet?:1 Yes ❑ No _ Does applicant live in government slibsidived housing, such as Seaton 87 U Yes L.t Not tryes, pfuvide the culuplex wade if yes. dews Ihu household receive an enei v sldrsid ? O Yet 17 No Doc$ applicant live in a studcni donnhory, adult Wally care borne, or any kind of group )lying fAcilitp7 U Ycs U No Ifyes, provide dte facility itnme: Have you or any inernber ofyo:lrlionsebofd received enera assistance it, file etaren, seaswr? ff Yes n iill f f yes, provide the name of Agency, Type of Assistance: 0 Crisis O I[nine EnerA' ❑ Ueadter-Rclated Date What is the primary source nfhnme heating? (select one) d Flectricily r1 NAlural fias r1 Fmpane l wood/Coal 1"1 Refillable Fuels Does hi atehold use supplemental healing snnrce? r1 F.iectricity n tyondfroal r1 NIA Air condiliming weft type7 O Central AX C 1YindowAVotH AX O Fans O Other- specify (including evaporative cooler) U ] trine moling'ru heafiltg energy snureehaa been tile infomralion provided on thisappiiention, is to file best of iry knowledgr, toe. and complete. i widerstaad that priority' in providing assistance wrtl be given to disctnwected. fl.0-Nrrelrlening M-hrrrtr) those Imusehalds with the lowest income and greafesl need, i.e those Irmtseholds in which the elderly, disabled, medically needy, or children reside. i authorize die n Unable toget delNeiv of fuel, is out of NO. or is in dwlgtt afbcillLe nut ol'fircl far healing (l.ije-7hrtwtrrting lx- agency to make benefit payments directly to ins- energy supplier 1 am aware that after I lime provided all the infonuatiml requested to detennine my eligibility, if I fuel atililyilig rkn ltisi$ tlssi%Inane, thr ayenel hit% l S hows la nil antis my ry,plicalion L7 Outer proflfems wilt lack of cooling or heating in die home, such as needing to pay a deposit, repair of equ(pincn6 with an elipjhle aclion I am also aware that if I am not approved or denied within or interim emergency meauire to Avoid Norther crisis. the lime Allnwed, or nil approved for the correct nmonnt, i have a ripht to appeal the (!. fc-I hnafemag I N-Jmur) decision. (lfyuu sign with an ".' two witnesms ale ln(uired.l 0 hutifled flat the euefry source for cooling or heating is going to be discurmcetca l,Nanrknrl4d h1mr) • Client 5ign<tture: O Received a notice indicating the enera source bill is delinyueill ut past duo Winwhent' Nt-Ien,r) Daw O Has an oiciey source bill fof which the doe dnfe has lapsed, (Srmulard 48-Hoar) ,Jj,/_(Y.IF.NT.4yfllitN.ilSlrlh'Tllh'n'AIirRR..tll7flllRr/.h4G 7TrF.'NF.Lh>1S'F.'f!F"!:h'A'6XAJ.AM1'/)Nl!!r'rlh'FI!)F.'A'r7Al. lA'F'rIRA1i17711,Y af•"rlR .INF_4f% /: fjNAP FRDFkA 1. RF.►YJR!/Jyr:. Ln� 66 (June 2020 - September I-) ) ..Al{ES EHEAP 203.20 Emergency Home Energy Assistanee For the Elderly Program CARES Act - Eligibility Worksheet iagmakr a Annualize all hrxiseha d innorrta, Staple calculator tape here showing Poverty Gudelines effective 0710112020. 1. Add all gross month earned and 9 ty Income calculations or write calculations in this space. $elect the annual k came ureic by household size: unearned income here the past 3p P 130%ofPoverty 50%ofPovertj days of all household members. ❑ 1.. ,,,, , $10,140 $ 6,380 2. Add Medicare Premium ($135 50), O 2,.........$25,860 5 3.620 if not Included In SSA amount. 1 13-..., , $32,660 $10.860 3. Add Medicare Part D, if applicable. 0 4.......•..$30,300 $13"100 4. To annualize, multiply the monthly L15.......... $46,020 S1rr,346 total pi 12months 06.......... $52.740 $17.560 Annual Household Income 117-........ S5g,460 $19.870 as .......... Sea,180 $22.060 $ (Add $6 720 for each additienul inurnber of family unit _ with more than 0 meftbrs.) If the total annual household Income Is less than 50% of the current rederai Poverty Guidelines for household site Iusing than aoove), and no one in the household is receiving SNAP assistance the appicant must provide a signed statement of how hasic tivmy expenses (i,e , fumi, shelter erxi transportation) are provde cifor the household. t r Enote v Vendor 4l 41her Vondor Nt Contact made A lh LIHEAP provtderto verify, Name: Name: previous cnsis assistance AccounWauchor Contact Person: Account Number. Number: liatr Data of contact: Has the opplicanl received LIHEAP crisis assistance under the CARES Act Contract? Mb±irawn Amount Uue: Amount Uue. ❑ Yes ❑ No Venfcadon and Commitment ❑ Blanket ❑ Repair Existutg Healing ❑ Portable fan or Cooling Equ pnient If Iho mininfuir amount duo is more than Contact Person ❑ Space Heater ❑ Emergency Shelter the past due amount, did the energy Dale: I I Win dove Ax: ❑ Other vendor verify that this amount Is required? Enerav Vendor 02 Other Vendor 02 ❑ Yes ❑ No ❑ NIA Name: Nance: AcceunWaucher AceountNurrrter. Nmnbei: Date. It the minimum amount due to resolve the - - - - - crisis m more than the maximum allowed Minimum Amount Due: Amount Due: ($2,000), explain how the balance of the amount due will be paid if approved for EH1 A( crisis assistance. Verification and Commitment ❑ Blanket ❑ RepairUsting Healing l I Portable Fan or Cooling Equipment Contact Person ❑ Space Heater O Emergency Sheller Date: ❑Window A/C ❑Other ' (1) total Energy Vendors S (4) Total Other Vendors S Is the name on the fuel bill that (2) Energy Subsidy S Total EHEAP Benefit Add of the applicants? U Yes U No (3) Water, Sower, Garbage, Fire etc. $ Total Energy Vendor (4) & Total Other Vendor(41 $ If no, provide name on bill, (d Deduct 2er3 from 1) r If the apiellcant is a homeowner, has hoishe received more than throe LIHEAP or EHEAP benefits b1 the last 18 months? I IYes 11No LIMA If the answer to the previous question is yes", was the applicant referred to WAP? U Yes J No U NIA If the answer to the (asi question is 'no*, explain: Resolution of [he Energy Crisis occurred within 18148 hours, by the following elfgibio aclion(s): (Select all That apply) 1"1 Appreval of appifeation ❑ EHEAP CARES Act benefit prevented disconnection U Commitment made to vendor 0 EHEAP CARES Act benefit restored energy already 01ICANUMied U Denial of Application, pending additional informaticn U Yes, client signed waiver ❑ Denial of Application, Ineligible ❑ No, client refused to sign waiver El Written referral and assistance to access other community resources Case Worker's Namu: SuoervisorlPeefs Name Case Worker's Signature: Sunrnasorfprpfs Sipnarure: Dale: Dale: Agency Name: Agency Noma: SGrh LY ro•m"1< :M1L'2d2fi 67 (June 2020 - September 2021) CARES EIIBAP 203.20 ATTACHMENT XVI EHEAP CARES ACT APPLICATION AND ELIGIBILITY INSTRUCTIONS Section One: At3plicant (Age 60 and older) Information Complete Section One in its entirety. Special notes: ✓ The Winter and Summer Seasons are waived under the CARES Act. ✓ The Date Stamp is the official application date; ✓ The Intake Worker (with name and phone number recorded) is the person who accepts the application and required documentation; ✓ The applicant's income type(s) and monthly income amount is recorded in this section, and ✓ If any field is determined to be not applicable, complete the field by entering N/A. Section Two, Additional Household Members Information Complete Section Two by listing additional household members and providing the information requested. Special notes: ✓ At a minimum, the name(s), age(s), and Social Security number(s) of each additional household member is required; ✓ You will be attaching a calculator tape of the household's Income calculations in the section provided on the EHEAP CARES Act Eligibility Worksheet; and ✓ If any field is determined to be not applicable, complete the field by entering N/A. Section Three: Household Characteristics Complete Section Three by answering each "Yes" or "No" question and providing additional information if applicable. Special note: ✓ If any field is determined to be not applicable, complete the field by entering N/A. Section Four: Heglingand Cooling_ Information Complete Section Four by answering each question. Special note: ✓ If any field is determined to be not applicable, complete the field by entering N/A. Section Five: Energy Crisis Explanation Section Five is completed by choosing the best possible explanation for the applicant's crisis and obtaining their signature and date of signature. Special note: ✓ If any field is determined to be not applicable, complete file field by entering N/A. Client Attestation and Siuna_ture The applicant should read the attestation statement. If the applicant is unable to read the attestation statement, the intake worker should read it to them before they sign and date the application. At this point, the intake worker should have the applicant sign the waiver authorizing the release of general and/or confidential information for LIHEAPiEHEAP CARES Act federal reporting. CIRTS will require you to verify that either the waiver has been signed or that the client has refused to sign. 68 C�' (.tune 2020 -- September 2021) CARES EHEAP 203.20 EHEAP QMgg Act Elialbilitv_Worksheet Instructions Complete Section Six by stapling the calculator tape in the space provided, entering the annual income, and checking the appropriate number of individuals in the household to determine the household annual income limit. Special notes: ✓ Adjacent to the annual income limit by household size is the fifty percent (50%) of poverty amount by household size. If the annual household income is below the amount for the household size, AND the household does not receive SNAP, the applicant must provide a written statement of how basic living expenses are provided for the household. ✓ Specific to CARES Act, the following is not counted as income when determining income eligibility for the household: o Stimulus payments from the federal government in relation to the Coronavirus Disease, and o Any type of unemployment payments will not be counted as income. ✓ if any field is defennined to be not applicable, complete the field by entering N/A. S,ggtlon Seven: Vgndot, Bengflt. and Verification Information Complete Section Seven by completing in its entirety. Special notes: ✓ Eligible elders may receive multiple crisis assistance benefit(s), that combined not to exceed $2,000.00. ✓ The minimum amount due is the amount provided to you during the verification process with the home energy vendor. ✓ For those applicants receiving an energy subsidy, the minimum amount due will be reduced by the energy subsidy amount listed on the applicant's public housing lease to determine the total EHEAP CARES Act benefit. The energy subsidy is deducted from home energy vendor payments only. ✓ It is allowable to make several crisis benefit payments for a household to resolve a single crisis and/or one or more benefits from EHEAP CARES Act funding. This may include the purchase of blankets, portable fans, space heaters, and/or repair of existing heating/cooling equipment, in addition to energy bill assistance, that combined does not exceed the crisis assistance cap of $2,000, ✓ Crisis situations that involve a heater or air conditioner that is powered by both gas and electricity are eligible for a crisis benefit payment to both home energy vendors. ✓ Allowable utility categories for heating/cooling bill assistance include the following: 0 Electricity; + Natural Gas; ■ Propane; ■ Wood/Coal; and ■ Refillable fuels; ✓ Crisis benefits may also be used for the following: ■ Pre -pay energy; ■ Purchase of blankets, portable fans, space heaters, and window air conditioners;'',`,1 69 (June 2020 — September 2021) CARES EHEAP 203.20 ■ Repair of an existing heating/cooling unit; ■ Deposits to connect or restore energy; • Late fees and disconnect and reconnect fees; • Charges from a previous account held by the elder that is now closed; ■ Payment to landlord when utility costs are included in the elder's rent; and ■ Temporary emergency shelter, if due to energy related crisis. ✓ Water. sewer, aarbaae, and fire, etc. MAY NOT be oald with EHEAP CARES Act funds. Utilit bills that include charges that are net directly related to cooling and heating will be reduced by the amounts for these charges. ✓ Charaes incurred due to illeaal activities, such as a worthless check or meter tampering, MAY NOT be paid with EHEAP CARES Act funds. ✓ If any field is determined to be not applicable, complete the field by entering NIA. Section Eiaht: Weatherization Assistance Pro ram (WAP) Referral Complete Section Eight in its entirety, Special notes: ✓ When determining the number of LIHEAP or EHEAP CARES Act crisis benefits the applicant has had, you will include the current application in the count, provided the application is approved. Refer back to Section Seven, to the information obtained from the LIHEAP provider. ✓ If any field is determined to be not applicable, complete the field by entering N/A. Section Nine: Resolution of Crisis Complete Section Nine by selecting all that applies to this applicant and application for services. Special notes: ✓ The left-hand selections indicate that the application has been acted upon within the 18/48 hour requirement. ✓ If the selection is made to deny the application pending additional information from the client, the 18/48 hours has been met and does not repeat itself when the client returns with the pending information. You have already met the requirement. ✓ If any field is determined to be not applicable, complete the field by entering NIA. Case Worker Signature To complete this section, the individual who completes the EHEAP CARES Act Eligibility Worksheet, determines income eligibility, and provides the commitment to the utility vendor must sign and complete the requested information. Special note: ✓ If you are the applicant, or a friend, relative, or employee of the applicant, you cannot determine the eligibility or award EHEAP CARES Act benefits. This application must be processed by someone who is not the applicant or a friend, relative, or employee of the applicant. Approval Signature To complete this section, the signer is attesting that he/she has reviewed the application for completeness, determined that all required documentation is included, and verified that the annual household income calculation and EHEAP CARES Act benefit awarded are correct. 70`r: (June 2020 September 2021) CARES EHEAP 203,20 ATTACHMENT XV11 EHEAP CARES ACT CLIENT FILE CONTENT CHECKLIST ELDER'S NAME PSA# AGENCY APPROVAL DENIAL NAME OF WORKER APPLICATION DATE CRISIS RESOLUTION DATE CHECK DATE PItOGRANI Yell No NIA COMMENTS 1. Individual client file for the elder inchldcs constuner's name, address, scx, and age. 2, Household coolants (11 ateorber 60 or older. 3. The household is in the Florida county covered by the contnict. 'I. All household memhers are listed and their name, age, nO1l, and income(,) are included 5 Client file contains documentation or.9ocial Security ntimhers for all household memhers, or citaunn lu tl,,e applicable exemptiun. G. Client file contains signed nattcc regarding collection of social security numbi:gs) 7. '1 he client file contains nfNclal income documents for all household memhers. 8 If income is self - declared, is there a self -declaration form signed by each individual household member (18 years of age or older) lacking income verification or claiming zeronrcome7 y The household's total gross income is calculated correctly and is at or below 150% of the ONIB Federal Poverty Levu] for the Irousci old size. 10, slatcntcul of how basic living expenses (i.c., food, shelter and lranspoitaliun) aic bcutg provided if total huuselluld utconle is less than 50% of the CimellL Federal Poverty Guidelines and no one in the household is receiving SNAP assistonce. I i Checked that elder dons not live in student dormitory, adult family care home, or any kind ofgmup living facility. 12 Verified and ducunteritcd huuschuld hug not iccovcd combined LiHEAP and EHEAP CARES Act Crisis A."islance exceeding the crisi.x asmAlanee cap ofS2,( Mf.0l1. 13. Doctunenlalion ofWeatherization Assistance Program (WAP) referral, ifapplicable. 14 Copies of fitel hills, or nther supporting documentation as proof of energy casts, for the residence in Which they reside. 15. Signed copy of Authori7atinn for Release of General andlor Confidential htl'orinalion. 16. Only eligible cwnpunenls of the utility bill are paid to wsulve the ctisis. 17 Only the minimum necessary to resolve the crisis is paid if it different amount is required by the utility company, provide additional informalion an the Eligibility Worksheet. i $ Crisis energy benePl was reduced by urxtllowable charges, such as: water, server, garbage. fire, etc., if applicable. 19. Crisis enemy benefit was teduced by energy subsidy, irapplicable 20. linergy crisis resolved within 11u48 hours by an eligible action 21 wl itten notice of approval or denial for services that includes appeal procedures is issued within 15 working days of eligibility determination. 22.. Appropriate benefit provided, at or brlow the 1-HF.A11 CARF5 .Act et isiv assistance cup or$2,000 0n 23 All required seetiuns of the application are signed and dated Iry the elder, staff, and supervisory/peer PRiOR to payntenl. 24. Proof ofpayntcnttovendor. 25. Place completed AGENCY Form 211 (05M 11202.0) in client file ICSTRVCTiONS: A cheek mark In file Yes column Indleates the requirement has been met. A check mark in The No column indicates file requirement has not been met or Is questionable. i;ach "No" mark must he explalued under "COMMENTS". Supufti•iaorlPeer Signnlure AGENCY row 211 WOV2020 Consumer File Pvlonitoring Date 71 6-) (Jude 2020 -- September• 2021) CARES EHEAP 203.20 Updated 05/01/2020 ATTACHMENT XVIII EHEAP CARES ACT COST REIMBURSEMENT SUMMARY Contract # Report Period: TOTAL CRISIS ASSISTANCE $0.00 72 (.Tune 2020 — Scptcmher 2021) CARES El IEAP 203.20 AT I'AC" M I+,NT M SERVICE;' RATE REPORT PROGRAM: EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM CARES ALIT Federally Funded From 05101/2020 to 09/30/2021 CATEGORY METHOD HIGH UNIT SERVICE OF REIMBURSEMENT TYPE PAYMENT RATE Administration ADMINISTRATIVE COSTS* Cost Reimbursement Cost Reimbursement EPISODE Outreach OUTREACII COSTS* Cost Reimbursement Cost Reimbursement EPISODE Crisis Assisi nce CRISIS FNE.RCiY ASSISTANCE RFNEFITS* Cost Reimbursement Cost Rcimbu scment EPISODE *As stipulated in contraet, these services Bre provided on a mist rcimhorsement basis. @13 73 Revised August 2007 Attestation Statement Agreement/Contract Number CAIZES EIREAP 203.20 Amendment Number NA 1, STF.PHF:N Y CA RNI :I.l, ,attest that no changes or revisions have been made to the (Recipient/Contractor representalive) content of the. rtbove referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and COLLIER C OIJNTV 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 an the agreement/contract content. r signature orizeeiiiientlo(miractor representative Revised August 2007 Date Approved as to fomi And legality Assistant Cottrnty Attnrury lD .� Cx%\ C.,\