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Agenda 09/14/2021 Item #16D 2 (Budget Amendment for the Collier Senior Services Programs )09/14/2021 EXECUTIVE SUMMARY Recommendation to approve “After-the-Fact” agreements and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly, Alzheimer’s Disease Initiative, and Home Care for the Elderly grant programs for Collier County’s Services for Seniors Program and authorize a Budget Amendment to ensure continuous funding for FY2021/2022. (Fiscal Impact $147,126.82) OBJECTIVE: To provide uninterrupted support services to Collier County’s Services for Seniors Program elderly clients. CONSIDERATIONS: The Community and Human Services (CHS) Division’s Services for Seniors Program (CCSS) has been providing support to Collier County’s frail and elderly citizens for over thirty (30) years through the Community Care for the Elderly (CCE), Alzheimer’s Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant programs. These grants are funded by the Florida Department of Elder Affairs (DOEA) through the Area Agency on Aging for Southwest Florida (AAAS WFL). These grants enable clients to remain in their homes and live with independence and dignity. The estimated funding levels for FY2021-2022 were approved by the Board of County Commissioners (Board) on June 08, 2021 (Agenda Item #16D4) for CCE to prevent disruption in services and ensure compliance with the grant service agreement requirement. The contracts have a one -year term, effective July 1, 2021, through June 30, 2022, with a three-year renewal option. Through the proposed contract, AAASWFL has provided an increase in funding for CCE, ADI, and HCE funding to the grant awards as shown in the chart below for the FY 2021/2022 contract year. AAASWFL agrees to pay for contracted services in the amount of $1,000,993.48 for the CCE program, $504,968.54 for the ADI program, and $20,377.61 for the HCE Program. The overall funding will allow Services for Seniors to provide case management and services based on current and projected program needs. The CCE grant has a revised local match in the amount of $111 ,221.50*, this match will be partially met through the co-payments received from clients in the amount of $20,534.64, local vendor estimate match contribution in the amount of $60,686.86, and local cash match of $30,000. The effective dates of these contracts are the last date the contracts have been signed by both parties. The following table provides a detailed breakdown of the increased award adjustment: Program Project Number Estimated Budget Revised Budget Increase/ Decrease Local match Inc/Dec Community Care for the Elderly (CCE)* 33753 $916,057 $1,000,993.48 $84,936.48 $0 Alzheimer’s Disease Initiative (ADI) 33749 $449,855 $504,968.54 $55,113.54 NA Home Care for the Elderly (HCE) Basic Subsidy* 33755 $20,000 $20,377.61 $377.61 NA Total 2021 $1,385,912 $1,526,339.63 $140,427.63 $0 *Ten percent (10%) match is Award divided by .9, multiplied by .1, per grantor requirements, rounded to the nearest dollar. The cash match is reduced by the co-payment budget and vendor match contribution. **The HCE Subsidy of $35,160 is to be retained by the grantor agency, therefore, is not included within Collier County’s budget. 16.D.2 Packet Pg. 2041 09/14/2021 CCSS is also responsible for the collection of client co-payments for the CCE and ADI Grants, with a specified collection goal established by CHS. Budget Amendment adjustments will be needed to the co - payment goals used to support the programs. The CCE co-payments are used to offset the local matching requirements. Program Project Estimated Budget Actual Budget Increase/ Decrease CCE Co-Payment Budget YR21-22 33627 $19,354.00 $20,534.64 $1,180.64 ADI Co-Payment Budget YR21-22 33625 $11,968.00 $17,486.55 $5,518.55 Total $31,322.00 $38,021.19 $6,699.19 AAASWFL routinely sends CCSS agreements that require a 30-day turnaround time. This timeframe makes it impossible to process the documents for the Board’s approval in the time requested by the AAASWFL. The agreements for CCE, ADI, & HCE are being presented “After-the-Fact” because Collier County received the CCE grant agreement on July 29, 2021, the ADI and HCE Agreements on August 6, 2021, with an effective contract date of the last day the contract had been signed by both parties with an effective date of July 1, 2021. Consequently, pursuant to CMA #5330 and Resolution No. 2018-202, the County Manager authorized the Public Services Department Head to sign the contracts. These contracts are being presented for Board ratification. Collier County, as the Lead Agency, is responsible to respond to seniors’ needs and managing the spending authority for the Federal and State Funded Services for Seniors programs. FISCAL IMPACT: Funding will reside in Human Services Grant Fund (707) Project 33753 (CCE); 33749 (ADI); 33755 (HCE); 33627 (CCE Co-Pays); and 33625 (ADI Co-Pays). Local match is available through carry forward (Reserves) in Human Services Fund (707). Budget Amendments are also required to increase the funding for 33753 (CCE) by $84,936.48, 33749 (ADI) by $55,113.54, 33755 HCE by $377.61, 33627 (CCE Co-Pays) by $1,180.64 and 33625 (ADI Co-Pays) by $5,518.55. GROWTH MANAGEMENT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATIONS: To approve “After-the-Fact” agreements and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly, Alzheimer’s Disease Initiative, and Home Care for the Elderly grant programs for Collier County’s Services for Seniors Program and authorize a Budget Amendment to ensure continuous funding for FY2021/2022. (Fiscal Impact $147,126.82) Prepared By: Wendy Klopf Grant Coordinator, Community & Human Service’s Division ATTACHMENT(S) 1. [Linked] CCE 203.21 Executed (PDF) 2. [Linked] ADI 203.21 Executed (PDF) 3. [Linked] HCE 203.21 Executed (PDF) 4. Resolution 2018-202 (PDF) 16.D.2 Packet Pg. 2042 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Doc ID: 17686 Item Summary: Recommendation to approve “After-the-Fact” agreements and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly, Alzheimer’s Disease Initiative, and Home Care for the Elderly grant programs for Collier County’s Services for Seniors Program and authorize a Budget Amendment to ensure continuous funding for FY2021/2022. Meeting Date: 09/14/2021 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 08/17/2021 5:05 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 08/17/2021 5:05 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 08/18/2021 10:52 AM Community & Human Services Akiko Woods Additional Reviewer Completed 08/18/2021 1:38 PM Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 08/18/2021 4:12 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/18/2021 5:17 PM Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 08/18/2021 5:34 PM Public Services Department Todd Henry Public Services Department Completed 08/19/2021 7:57 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/23/2021 11:54 AM Grants Erica Robinson Level 2 Grants Review Completed 08/24/2021 2:55 PM Public Services Department Dan Rodriguez PSD Department Head Completed 08/26/2021 9:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2021 9:44 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/26/2021 12:52 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/30/2021 9:02 AM Grants Therese Stanley Additional Reviewer Completed 08/31/2021 1:28 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 09/01/2021 11:58 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.D.2 Packet Pg. 2043 16.D.2.d Packet Pg. 2044 Attachment: Resolution 2018-202 (17686 : CCE, ADI, & HCE Agreements 203.21) 16.D.2.d Packet Pg. 2045 Attachment: Resolution 2018-202 (17686 : CCE, ADI, & HCE Agreements 203.21) (July 2021- June 2022) AREA AGENCY ON AGING FOR S07UTHWEST FLORIDA, INC. CCE 203.21 COMMUNITY CARE FO THE ELDERLY COLLIER COUNTY BOA1ZI) OF COUNTY COMMISSIONERS THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Lie,, (Agency) and Collier County Board of County Coninhissioners (Contractor), collectively referred to as the °Parties," The terns Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipient, WITNESSETH THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perforin such services as an independent Contractor of the Agency, NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Purtiose of Contract: The purpose of this Contract is to provide services in accordance with the teams and Conditions specified in this contract i acluding all attachments, forms, and exhibits which constitute the contract document, 2. Incorporation of Documents within (lie Contract: The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Agency handbooks, manuals and/or desk books, as all integral part of the contract, except to tiie extent that the contract explicitly provides to the contrary. III tile event of conflict In language among any of the documents referenced above, the specific provisions and requirements of tine contract docunient(s) steal' prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments, 3. Tenn of Contract; This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2021 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 Tiine June 30, 2022. 4, Contrnet Anhouirt: The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an tinlotuit not to exceed $1,000,993.48 subjev to the availability of funds, Any costs or services paid for under any other contract or from any other source are not eligible for paywe,rt under this contract. Renewals, By nrutualagreenient of the Parties, in accordlr, a with Section 287.058(1)(g), Florida Statutes (F.S.), the Agency may renew the contract for a perirxi not to exceed three years, of the term of the original contract, whichever is longer. Tire 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 ir subject to the same ternis and conditions as the original contract and contingent upon satisfactory performance evaluatio is by tile Agency and the availability of funds. 6. Compliance with Federal Law: 6.1 If i I s contract contains federal funds this section shall apply. 6,1,1 The Contractor shall comply with the provisions of 45 Code of Federal !,egWations (CFR) Part 75 and/or 45 CFR Part 92, 2 CFR Part 200, and other applicable regulations. 6.1.2 If this contract contains federal hinds and is over $100,000.00, the Contractor shall route;, y will all applicable standards, orders, or reputations issued under Section 306 of tile Clean Air Act as amended (42 United States Code (U.S.C.) § 7401, et seq.), Section 508 of tine Federal Water Pollution Control Act as amended (33 U.S.C. § 1251, et sect.), Executive Order 11738, as anicnded, and, where applicable, Environmental Protection Agency regulations 2 CFR Part 1500, The Contractor shall report any violations of the above to the Agency. 6.1.3 Neither the Contractor i wj any agent acting on behalf of the Contractor may use any federal funds received in connection with this contract to influence legislation or appropriations pending before Congress or any state legislature. The Contractor niust complete all disclosure fornis as required, �pecificaCy the Page 1 of56 (Jttly 2021- June 2022) CCE 203.21 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 :' to 2 CFR Part 200, the Contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulations 41 CFR Part 60 and in Department of Health and Human Services regulations 45 ('! Part 92, if applicable, 6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards will not be made to parties listed on the government -wide Excluded Parties List System, in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR Part 180 that implement Ixecutive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or othe►wise. excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executi e Orden 12549, The Contractor shall comply with these provisions before doing business entering into subcontracts receiving federal funds pursuant to this contract. The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execution of this contract. 6.2 The Contractor shall not employ an unauthorized alien. The Agency will consider the employment of unauthorized aliens a violation of the Tmmigration and Nationality Act (8 U.S.C. § 1324a) and tte 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. 63 If the Contractor is a nonprofit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements (filing a Farm 990 or Form 990-N), and ! , its tax exempt status revoked for failing to comply with the filing regtdreiuents of the Pension Protection Act of 2006 or for any other reason, the Contractor must notify the Agency in writing within -thirty (30) days of receiving the IRS notice of revocation. 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking ill Persons. 6.5 Unless exempt under 2 CFR § 170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed In 2 CFR Part 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 11-1 16, Contractor agrees to utilize the U.S. Depart:::•:it of Homeland Security's E-verify system to verify the employment of all new employees hired by C:onlraetor daring the contract term. Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state contract utilize the Erverify system to verify empl-J mclI( of all new employees hired by the Subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7, Compliance with State Law; 7.1 This contract is executed and entered into in the State ofFloridu, a,id shall be construed, performed, and enforced in all respects in accordance with Florida '' ow, including Florida provisions for conflict of laws. 7,2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215,97, F.S., and Section 215.971, F.S., and expenditures must be in compliance with laws, rules, and regulations including, but not limited to, the Reference Guide for State Expenditures. 7.3 The Contrae.-)i shall comply with the requirements of Section 287.058, KS., as amended. 7.3.1 The Contractor shall perform all tasks contained in Attachment I. 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received :end accepted by the Agency Contract Manager prior to payment. 7.3.3 The Contactor sliall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attaclunent 1, Section 111, Method of Payment. 7,3A Tile Contractor shall submit bills foi fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit. Page 2 of 56 V (July 2021 .fume 2022) CCE 203,21 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 shall allow public access to all documents, papers, letters, or other public records as defined ill Section 119,011(12), FS., made or received by tine Contractor in conjunction with this contract except for those records which are niade confidential or exempt by law. The Contractor's refusal to comply with tills provision will constitute all 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, M., and Mule 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, Ill accordance with the provisions of Section 287.134, F.S. 7.6 Tine Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216,347, F,S., which prohibit the expenditure of contract fiends 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 on 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. Bnelcground_Sereening; Tine 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 backg.-c: kind screening pursuant to Sections 430,, 402(2)-(3), F.S. Tine Contractor must a1s:- comply with any applicable rules promulgated by the Agency and the Agency for Health Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance withthis provision, Contractor shall submit the Background Sc eening Affidavit of Compliance (Screening Form) to the Agency within thlrty (30) days of execution of this contract. Should the Agency have a completed Screening For:r onfile for the Contractor, a new Screening Form will be required every twelve (12) months. 8.1 Further information concerning the procedures for 1mckground screening may be found at littp:feidei,affairs state.fl.us/doea/backuroundso•eenina.ulntn. 9. Grievance Procedures* The Contractor shall develop, implement, and ensure that Is Subcontractors have established grievance procedures to process and resolve client dissatisfaction , 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 tine Subcontractor's determination(s). 10. Public Records and Detention; 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. 10.1.2 Upon request P-om tine Agency's custodian of public records, provide the Agency a copy of the requester[ records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed t!�: cost provided in Chapter 119, F.S,, on as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exenn t, from public records di lusure requirennent,� are not disclosed except as authorized by law for the duration of the contract t:;,,; and fol lowing completion of tine 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 ht 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 tine contract, Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, Page 3 of 56 V (July 2021 - June 2022) CCH 203,21 from public records disclosure requirements, If the Contractor keeps and maintains public r-�,..ords upon coiupletion of the contract, the . .i actor shall meet ad applicable requirements for retalning public records. All records stored electronically must be provided to the Agency in a forniat that is compatible with tine information technology :<-, stems of the Agency. 10,2 The Agency may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Contractor to comply with Section 10 of this c..i,xact 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(l), F.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER X 1 % FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODI '1N OF PTIRT. TC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc, 2830 Winkler Ave, Suite 112 Fort Myers, FL 33916 239-652-6900 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 sliall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 11. Audits, Inspections, Iuyestisatious: 11.1 The Contractor shall establish and ru,tintain 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 approprial -, financial Information should be related to pe-formance 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 nnedia) pertinent to this contract for a period of six (6) years after completion of tine contract, or longer when require(] 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 (�r. the terms of this contract, at no additional cost to the Agency. 11,3 Upon demand, at no additional cost to the Agency, the Contractor shall facilitate the duplication and tra ! of any records or documents during the required retention period. 11.4 The Contractor shall ensure that tine 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 (lie Agency and federal auditors, pursuant to 45 C:FR Part 75, shall be allowed full tiecess to and the right to examine any of the Contractor's contracts and related records i, documents pertinent to this specific contract, regardless of the form in which kept. 11,6 The Contractor shall provide a Financial and Compl, Audit to the Agency as specified in this contract and ensure that all related third -party transactions are disclosed to he auditor, 11.7 Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or hearing performed pursuant to Section 20.055, F.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 Page 4 of 56 (July 2021 - June 2022) CCE 203.21 cooperate with the 1•1;peclor 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. 11.8 In accordance with. 1xecutive Order 20-44 which requires executive agencies to submit a list of entities named in statute with which a state agency must form a sole -source, public -private agreement or all entity that, through contract or other agreement will) tine state, annually , .•ceives 50% ,„ more of their budget from the State or from a combination of State and Federal funds. Any Contractor tl -t meets one or both of the criteria listed omit submit all amoral report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams within thi: ;y (30) days of execution) of this contract. 11.8,1 I.. , report must include total compensation including salary, bonuses, cashed in leave, cash equivalents, sevcrance pay, retirement benefits, deferred compensation, real -property gifts, and anY other payout. 11.8,2 The Contractor shall inform the agency of any changes in total executive compensation between the annual reports as those changes occur. 11.8.3 All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the co,.tracted entity, 12. Nondiscrimination -Civil Rights Comtliance: 12.1 The Contractor shall execute Assurances as stated in the Assurances -Non -Construction Programs Attachment thatit 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 anal federal law and regulations, Tile Contractor further assures that all. Contractors, Subcontractors, Sub -grantees, or others with whom it arranges to provide services or benefits in connection with ally 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 thnely, complete, and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures 1n:,:5uatnt to federal law to handle complaints of discrimination involving services or benefits this contract. These procedures shall include notl6,ing clients, employees, and participants of tine right to file a complaint with tine 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 tine 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 p-ovide 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 file 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, 13. Monitoring by the Agency The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers, documents, facilities, goods, and services of the Contractor which are relevant to this contract, and to interview ally clients, employees, and Subcontractor employees of fine Contractor to assure the Agency of the satisfactory Performance of th:: terms and conditions of this contract, Following such , the Agency will provide a written report of its findings to the Contractor and, where appropriate, (lie Contractor shall develop a Corre�.Iive Action Plan (CAP). The Contractor hereby agrees to correct all deficiencies identified in the CAP in a timely manner as determined by the Department's Contract Manager, 14. Provision of Services: The Contractor shall provide services in the manner described In Attachment I. Page 5 of 56�, (July 2021 - dune 2022) CCE 203.21 15. Coordinated Monitoring will, Oflier Aimee -es: 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 ageneles :,,i.: be scheduled. For the pArposes of this contract, and pursuant to Section 28T0575, F.S., as amended, Florida's human service agencies shall include tine Agency, the Delaartnient of Children and Faiuilies, the Department of Health, tine Agency for Persons with Disabilities, and the Department of Veterans' Affairs. Upon itotific-ation and the subsequent scheduling of st►clt a vi •:it by the designated agency's lead administrative coordinator, file Contractor shall comply and cooperate with all monitors, inspectors, and/or investigators. 16. New Contract(g) Iteyortil,k The Contractor shall notify the Agency within ten (10) days of entering into a new contract with any of the remaining four (4) state human service agencies, 'Tile notification shall Include the following information; (1) contracting state agency and tine applicable office or program issuing tine contract; (2) contract name and number, (3) contract start and rand dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0:,7�, F.S., as amended, the Contractor shall complete the Contractor's State Contracts List attached to this contract. 17, Indemnifiention: The Contractor shall indennnify, save, defend, and hold i., : l the Agency and its agents and employees from any and all claims, demands, actions, and causes of action of whatever stature 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 A,,� acy. 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 de.'tied in Section 768.28(2), F 18. Insurance and Don dine; 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 ag.••,,.; 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 tie clients to be served under this contract. The lilt! i 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 terns of this contract Such coverage may be provided by a self-insurance program est. biishcd and operating under the laws of the State of Florida. The Agency reserves tine right to require additional insurance as specified in this contract. 18.2 Throughout the term of this coitraci, the Contractor shall maintain all insurance bound i osn a responsible commercial insurance company covering all officers, di! _<:ors, employees, and agents of the ,i itractor authorized to handle fiends 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 tine lnsurastce company, and consistent with good business practices. 19. Confidentiality ul' Inform,ttirm, The Conti -actor shall not use or disclose any information concerning a recipient of services under this contract any purpose prohibited by state or federal law or regulations except witl the written consent of a person legally authorized to give that consent or when authorized by law. 20. Ilealtin Insurance Portal►ility_ and Ac.couninbiIj-1y Aot: Where applicable, the Contractor shall comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as well as all regulations promulgated there(„ der (45 CPR Pat -is 160, 162 and 164). 21. Lncident Renortine:_ 21.1 The Contractor shall notify the Agency immediately but no /stir than forty-eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect tine Contractor's or Subcontractor's Page 6 of 56 t.} (July 2021 - June 2022) ability t(i perform the services required to be performed under This contract, Stich notice shall be iiade orally to the Agency's Contract Manager (by telephone) with an email to immediately follow. The ontractor shall irnniediately report laiowleclge or reasonable susuicion of abuse, neglect, or exploitatlori of a child, aged person, or disabled adult to the Florida Abuse i is ,licte on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is biii& ;,- upon tile, Contractor, its Subcontractors, and their employees. 21.2 CCE 203.21 22. Bankruptcy Notilication: During the term of this contract, the Contractor shall iininediately notify the Agei if the Contractor, its assignecs, Subcontractors, or affillates file a claim for bankruptcy, Within ten (10) days after -iotification, the Contractor inust also provide (lie following information to the Agency: (1) tite date of filing of the bankruptcy petition; (2) file case number, (3) tiie court name and the division in which the petition was tiled (e.g,, Northern District of Florida, Tallahassee Division); and (4) tiie name, address, A telephone number of the bankruptcy attorney. 23, Sponsorship and Pliblicitys 23,1 As required by Section 286,25, F.S., if the Contractor Is a non• -governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name) and the State of Florida, Department of Bider Affairs." If the sponsorship reference is in written material, the words "Stake of Florida, Department of Eider Affairs" sh,_i appear in at least the saute size setters or type as the naloc of the organization. 23,2 The Contractor shall not use file words "State of Florida, Department of Elder Affairs" to indicate sponsorship of a prograni otherwise financed, unless specific written authorization has been obtained by tite Agency and Department pr i, � i to such use, 24, A „it nnrcut, t 24.1 Tile Contractor shall not assign tiie i ghts and responsibilities under this contract without the prior written approval of (lie Agency. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the Agency shall constitute a naterial breach of the contrac; In the event the State of Florida approves assignment of the Contractor's obligations, the Contractor ren-sins , ,ponsible for all work performed and all expenses incurred in connection with this contract. 24.2 The State of Florida is, at all times, entitled to assign or transfer, in whole or part, its rights, duties, or obligations under tills contract to another governmental agency in the State of Florida upon giving prior written notice to file Contractor. 24.3 This contract shall remain binding upon the suecessors in interest of tiie Contractor and the Agency. 25. Strbeorrtracts! 25.1 Tile Contractor is responsible for all wont performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Agency deems necessary. The Contractor further agrees that the Agency will not be liable to the Subcontractor in any way or for any reason, Tire Contractor, at its expense, shall defend the Agency against any such clainis. 25.2 Tile Contractor sliail promptly pay any Subcontractors upon receipt of payment from the Agency or other state agency. Failure to make payments to any Subcontraotor lit accordance with Section 287.0585, F.S., unless otherwise stated in the contract be: •v = ri the Contractor and Subcontractor, will result in a penalty as provided by statute, 26. Independent Capacity of Contractors It is the intent and understanding of (lie Parties that tite 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 euiploynient practices of the Contractor and will notbe liable for ally wage and hour, employment discrimination, or other labor and employment clainis against the Page 7 of 56 (July 2021 - June 2022) CCP 203.21 Contractor or its S0,:- ,l(ractOrs, All deductions for social security, withholding taxes, income taxes, contr butio"s to unemployment compensation Hinds, and all necessary insurance for (lie Contractor are the sole responsibility of tip:: Contractor. 27, Payment - Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. Tile Agency Contract Manager will have final approval of (lie 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 Cite bid specifications, purchase order, or lids 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 Fir � . t �.ial ,Services and may be contacted at 800-342-2762. 28. Return of Funds: Tile Contractor shall return to the Agency an overpayments due to unearned funds or fiends disallowed, and ally interest attributable to such funds pursuant to tine terms and conditions of this contract, that were disbursed to the Contractor by tine Agency. In the event tha+ the Contractor or its independent auditor discovers that an overpayment lia., been made, the Contractor shall repay said overpayment ininiediately without prior notification from the Agency, In the event that tine Agency first discovers all overpayment has been made, the Agency Contract Manager will notify the c.'ontractor in writing of such findings. Should repayment not be made forthwith, tine Contractor shall be charged at the lawful rate of interest on the outstanding balance piii., u.. it to Sect. 1155,03, F.5., after Agency notification or Contractor discovery. 29. Data lntearity and Safeeuardina Information, The Contractor shall ensure an appropriate level of data security for tine 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 systern or information access and ensu i ag that user access has been removed from all terminated employees. The Contractor, aniong other requirements, rust anticipate and prepare for tine loss of inr,,,„ nation processing capabilities. All data and software shall be routinely backed tip to ensure recovery from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data, Integ°'ty Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30. Computer Use and Social Media Policy: Tine Agency has Implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to ,i] employees, contracted employees, consultants, Other Personal Services (OPS) employees and volunteers, including all personnel affiliated with third parties, such as, but not limited to, contractors and subcontractors. Any entity that uses the Agency's computer resource systems must comply with the Agency's policy regarding social media. Social Media includes, but is not limited to, blogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing, socia: networks like MySpace, Facebook and Twitter, as well as content sharing networks such as fliekr and YouTube This policy is available on the Depart w let's website at: iittpf/clderaffairs.state.fl us/doea/(inancial.i)ln; ,. 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the selection or In tile, 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/tar immediate family; (c) his or her partner; or (d) an organization which employs, or is ab i to employ, any of the above individuals, has a "mnncial 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 niay be perceived to be, a conflict of interest within thirty (30) calendar days of an individual's original appoin(nient 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 Page 8 of 56 (July 2021 - June 2021) CCE 203.21 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 on the Convicted Vendor List following a conviction for a public entity crime may not Submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not subunit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant 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 tollowi;q,, the date of being placed on the Convicted Vendor List. 33, Purchnsinnt 33,1 The Contractor shall procure products and/or services required to perform 11)i,, contract in accordance with section 413,036, F.S. 33.1.1 IT IS EXPR8SSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARF THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE- SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 33.1,2 Pursuant to sections 413.036(t) 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 speci 1 i cations, price, or quality of the product or service is not comparable to tlnc Contractor's .••luirements, 33,1,3 his act shall have precedence over any law requiring state agency procurement of products or services ftonn ally other nonprofit corporation unless such precedence is waived by tite Agency in accordance with its rules. 33.1.4 Additional information about ,he designated nonprofit agency and the products it offers is a..tii�-ie at Int tp:Hwww. r-es irectoffloi-id a.org, 33.2 1 lie 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 .,_•etion 403.7065, F.�-'. 33.3 The C.,Aractor s.liall procure products and/or services required to perform this contract in accordance with section 946.5,5, F.S. 33.3.1 I`l' IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO, CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F." -, AND FOR PURPOSES OF THIS CONTRACT THE PERSON, .FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF 'PHIS CONTRACT SMALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS 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 https;//pride-enterpri ses, org/. Page 9 of 56 ©� V (July 2021 - June 2022) The Contractor shall provide a Certified Minority Business Subcontractor Expenditure (CMBE) summarizing the participation of certified suppliers for the current reporting period and project to (late. The C1v BB Report shall include the names, addresses, and dollar amount of each certified participant, and a copy must be forwarded to the Agency, Division of Financial Administration, and must accompany cacti invoice submitted to tine Agency. Tile Office of Supplier Diversity (850-487-0915) will assist in fin•nishing nanies of qualified minorities, The Agency's Minority Coordinator (850-414-2153) will assi-I with questions and answer's. The CMBE Report is attached to this contract. 33.4 34, Patents, Copyi-Ights, Royalties CCE, 203.21 If this contract is awarded state fuunding and if any discovery, invention, or copyrightable iaterial is developed nr produced In ttte 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 of as a result of work of services performed under this contract, the Contractor shall refer the discovery, invention, or copyrightable material to the Agency to be referred to the Agency and Department of State. Any and al i patent rights or copyrights accruing under this contract are heroky reserved to the State of Florida it, accordance with Chapter2$6, F.S, Pursuant to Section 257.0571(5)(k), F.S., the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. 34.1 if t! ,, primary purpose of this ..i act is the creation of intellectual property, the State of Florida sliall retain an unencumbered right to uSe such property, ni,r ,- thstanding any agreement made pursuant to this Section 34. 34,2 if this contract is awarded solely federal funding, tlhe terms and condiI; w; are governed by 2 CFR § 200.315 or 4S CFR § 75-122, as applicable. 34.3 Notwithstanding the foregoing, provisions, if the Contra'( �< r or one of its Subcontractors is a university and a ineinber of the State University System of Florida, then Section 1004,23, F.S,, shall apply, but the Agency shall retain a perpetual, fully -paid, nonexeiusive license f.). its use and the use of its Contractors, Subcontractors, or Assignces of any resulting patented, copyrighted, or trademarked work products.. 35. Einerp-ency Prepareedness acid Continuity of Ooerstions; 35.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety, or welfare, the Contractor shall, within thirty (30) calendar days of the execution of this contract, submit to the Agency Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, (lie Contractor shall notify the Agency of emergency provisions 35.2 in the event a situation results in a cessation of services by a Subcontractor, the Co lfractor sliall -main responsible for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. )i~ ul Vnient, 36.1 Equipment means: (a) tangible personal property (including inforrnalion technology systems) having a usefid life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000,00 [for federal funds - 2 CFR § 200.33 and 45 CFR § 75,2, as applicable], or (b); nonexpendable, tangible personal property of a non -consumable nature with arh 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 funds]. 36.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Dion -Profit Organizations shall have written property management standards in compliance with 2 CFR Part 200 Administrative Requirements (formerly OMB Circular A-1 10) that include; (a) a property list with all the clernents identified in the circular; (b) a procedure for conducting a physical inventory of equipment at least once every two (2) years; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment; and (d) maintenance procedures to keep the equipment In good condition. The property records mist be maintained oil file and shall be provided to the Agency upon request. The Contractor shall promptly investigate, fully document, and notify the Agency Contract Manager of any loss, dainage, or theft ofequipment. The Contractor shall provide tine results of the investigation to tlhe Agency Contract Manager. Page 10 of 56 (July 2021 - June 2022) CCE 203,21 36.3 The Contractor's property mana erner_t standards for equipment (including replacement equipment),wheather acquired in whole or inpart will; federal funds and federally -owned equipment shall, at a minimum, meet tine 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 th , equipment; 36.3.2 Manufacturer's serial number, modr number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, ]neluding the federal award identification number; 36.3.4 Whether title vests in the Contractor or tine federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by tine federal government); 36.3.6 Information front which one coil calculate the percentage of federal participation to tite cost of file equipment (not applicable to t (joipment furnished by the federal government); 36.3.7 Location, use and condition of the equipment and the date the information was reported, 363.8 Unit acquisition cost; and 36.3.9 Ultimate disposition data, including date of disposal and sales :) ice o the method used to determine current fair market value where a Contnif for conipensales the federal awarding agency for its share. 36.3.10 A physical inventory n, be taken, and 'he results reconciled with tine property records at least once every two (2) years. 36.3.11 A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property, Any loss, damage, or theft must be investigate([. 45 (A, It § 75.32.0(d)(3). 36.3. l2 Adequate maintenance procedures must be developed to keep tine property in good condition. 36.3.13 If tile Contn,,:inr is authorized or required to sell the equipment, proper sales procedures must he established io ensure the highest possible return. 36.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipm. , r, purchased with state funds with an acquisition cost over $5,000.00 is part of the cost of carrying out the activities and functions of tine grant awards and title (ownership) will vest in tine Contractor [for federal funds see 2 CFR § 200.313(a) and 45 CFR § 75.320(a), as applicable], subject to the conditions of 2 CFR Part 200 and/or 45 CFR Part 75. Equipment purch;iscd under these tinresholds 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-agretimtits With Subcontractors (not included in a cost methodology), is subject to the conditions of chapter 273, F.S., rule 60A-1.017, F. A. ( ., and 2 CFR Part 200 and/or 1 '. CFIZ Part 75. 36.5 The Contractor shall not dispose of any equipment or materials provided by the A;, ency or purchased with funds provided (hrough this contract without first obtaining tine approval of the Agency Contract Manager. When disposing of property or equipment tine Colin- actor roust submit a written request for disposition instructions to the Agency's Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition date and condition of the property. The request shouldalso indicate (lie Contractor's proposed disposition of the property (Le,, transfer or donation 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, (lie Contractor is authorized to proceed as directed in 2 CFR § 200.313 or 45 CFR § 75,320, as applicable 36.7 Real property means land (including ]and improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreement-, covered under this contract without the prior approval of the Agency. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subehapter 1I1, Part 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, Page 11 of 56 (Tilly 2021 - 3onc 2022) CCF 203.21 36.8 Any permanent storage devices (e.g.: hard drives, r< movable storage medin) must be reformatted and tested }prior to disposal to ensure no confidential information remains. 36.9 Tire Controk:tor must adlivre to the Agency's procedures and standards when purer .:�ng information Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, im,intenance, training, personnel, and facilities, the completed ITR worksheet shall be maintained in the LAN administrator's file and mast be provided to the Agency r.►pon request. The Contractor has the responsibility to rc,;uire any Subcontractors to comply with the Agency's ITR procedures. 37. PUR 1000 Form: Tile PUR 1000 Form is hereby incorporated by reference and available at: Inttu'//wxvw tnytlorida.conn/apirslvbsladoc/F7740 PUR1000, In the event of any conflet between the PUR 1000 .Form and any terms or eond►fions of this contract, the terms or conditions of this contract shall take precedence over the PUR 1000 Forni. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, tine terms or conditions contained in the PUR 1000 Form shall take precedence. 38, Use of State Funds to Purchase or improve Real Property: Any state funds provided for tine purchase of or improvements to real property are contingent poll the Conh'actor or political subdivision granting to the state a security interest in the proper _ at least to tl;e amount of state funds provided for at least five (5) years from the date of purchase or the corn; �If,t.on of (lie improvements or as further required by law. 39, Disoute Resolution: Any dispute concerning performance of the contract shall be decided by the Agency Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40, Financial Consequences: If the Contractor fails to meet tine ►ninimum level of service or performance identified in this contract, the Agency shall impose financial consequences as stated in Attachment 1. 41. No � jver of Sovereleak Tmmtunityt Nothing contained in this contract is Intended to serve as a waiver of sovereign immunity by any entity to which sovereign imnnntlty may be applicable, 42,y_c saes if any dispute arises out of this contract, tine venue of such legal recourse shall be Leon County, Florida 43. Entire Contr,ikt: This contract contains all the terms and conditions agreed upon (',; the PaAics, No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44, Force Ma.Yeure: 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 iajeurc condition provides ii .nedlate written notification to the other party and takes all reasonable efforts to cl. a the condition. 45. §evernbility Clause;. The Parties agree that if a court of eo►r►peterit junisti:ction deenns any term or condition herein void or unenforceable. the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Coll Tact Appromiationts: The Parlles agree that the Agency's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. Page 12 of 56 (July 2021 - June 2022) CCE 203.21 47. Addition/Deletion.- The Parties agree that the Agency reserves the right to acid or to delete any of the services required under this contract when &c,ivA to be in the State of Florida's best interest and re,!ii, ,! to a written amend >> i signed uy 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 udder this contract will not co i i to or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor will any single or partial exercise of ally such right preclude any other or further exercise thereof or the exercise of any other right. 49. Coinpliance: 'Ilie Contractor shall abide by all applicable current federal statutes, laws, roles, and regulations as v.-ell as applicable current state statutes, laws, rules and regulations. The Part res agree that failure of the Contractor to abide by these laws shall be deetned an event of default of the Contractor and subject the contract to inunediate unilateral cancellation of the contract at the i iscretion of the Agency. 50, Firal Invoice: The Contractor shall submit the final inv, ,ice for payment to the Agency no later than thirty (30) days after the contract ending date miless otherwise specified in Attaclunent I. If the Contractor falls to do so, all right to payment Is forfeited and the Agency shall not honor, i i v requests submitted after the aforesaid time period. Any payment due titter the terms of thus contt ,ict shall be witluteld 1 r & l all required documentation and reports due from the Contractor.' and necessary adjustments thereto have been approved by the Agency. 51. RengSq&lions of Modifications: Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by Roth parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price Ievel increases and changes in the rate ( 4 payment when these have been established through the appropriations process and subsequently identified in the Agency's operating budget. 52. Suspension of Work: The Agency may in its sole discretion, suspend any or all activilles under the contract or purchase order, at any time, when in the best interest of the State to do so, The Agency shall provide the Contractor written notice outlining the Particulars of suspension. 8xamples of the reason for smpension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances, After receiving a suspension siolice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety (90) clays, or any longer period agreed to by the Contractor, the Agency shall either, (1) issue a notice authorizing resumption of work, at which tune activity shall resume, or (2) terminate the contract or purchase order. Suspension of work shall not entitle the Contractor to arty additional compensation. 53, Tvrntinnti,m! 53.1 Terntinafiot, for Convenience. The Agency, by written notice to the Contractor, may ternunate this contract in whole or in part when the Agency determtnes ; n its sole discretion that it is in tale 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, 1 any. The Contractor shall not be ew',,Ied to recover any cancellation charges or lost profits, 53.2 Termination for Cause. The )`•gency may terminate this contract if the Contractor fails to: (1) deliver the product within the time speeified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any terra of the contract, or (4) abide by any statutory, regulatory, or licensing requirement, Rule 60A-1,006(3), F,A.C., governs the procedure and consequences ofdefault, The Contractor shall continue woric 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 front events completely beyond the control, and without the fault Or negligence, of the Contractor. if the fails I. to perform is caused by the default of a Subcontractor at any tier, and if the cause of the default is completely beyond titre control ofboth the Contractor and the Subcontractor, and without the fault or negligence of either, the Page 13 of 56 (July 2021 - .huge 2022) CCE 203.21 Contractor shall not be liable for any excess costs for failure to perform, unless the s ibcontracted products were obtainable from other sources in sufficient time for the Contractor to sleet the required delivery schedule. If, after terulinalion, it Is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the Partles shall be the same as if the termin„'.on 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 o r.d remedies Provided by law or under the contract. 54. 41ectronlle Records and Sieuature, The Agency authorizes, kit does not require, file 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 create s and retains electronic records and uses electronic signatures to conduct transactions shall comply with tile requ irernentscontai tied in the Uniform Electronlo Transaction Act, Section 668.50, F.S. All electronic records must be fully auditable; are subject to Florida's Public Records Law, Chapter 119, F.S.; must cornply with contract Section 29, Dat a Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the ConVactor to the same extent as nonelectronic records are retained and maintained as required by this contract. 54,1 The Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. Tile Contractor is authorized to conduct electronic transactions Wh the Agency only upon further written consent by the Agency. 54.2 Upon request by the Agency, the Contractor shall provide tho Agc; ,cy with non -electronic (paper) copies of records. Non -electronic (paper) copies provided to tile Agency of any document that was originally in electronic form with an electronic signature must identify the person and the person's capacity who electronically signed the document on any nonelectronic copy of the document. 55, Contract Manager; The Agency may substitute any Agency employce to serve as the Agency Contract Manager. REliMINDER OF THE PAGE INTENTIONALL V LEFT BLANK Page 14 of 56 (July 2021- June 2022) 56. Official Payee and Retwesentatives (Narnes, Add i esses, and Telenhone Nunmbet-sl. The Contractor name, as shown oil page t of this a. contract, and mailing address of the official payee to whom the payment shall be made is: CCE 203.21 lien Comity Board of County Commissioners 3339 P Tan�iami Trail, Building H Naples, I'L 34112 The name of the contact person and street address Kristt Sontrtag, Director Collier County Board of County Commissioners b. where financial and administrative records are 3339 B Tarniami Trail, Building H maintained is: Naples, FL34112 The name, address, and telephone number of the e. representative of the Contractor responsible for administration of the program under this contract is: The section and location within the Agency where d. Requests for Payment and Receipt and Expenditure forms are to be mailed is: I The name, address, and telephone number of the e' Contract Manager for this contract Is: Kristt Somttag, Director Collier County Board of County Commissioners 3339 B Tamiami Trail, Building It Naples, FL M112 239-252-2273 Area Agency on Aging for Southwest Florida, hie. 2830 Wi►dder Ave,, Suite 112 Fort Myers, FL33916 239-652-6922 Richard Cocchied, Director of Finance 2830 Winkler Ave„ Suite 112 Fort Myers, FL 33916 239-652-6922 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 Inc(nded: This contract and its Attachments I — XIV, Including any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreennents, either written or verbal, between the Parties. By signing this contract, (lie Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this fifty-six (56) page contract to be executed by their undersigned officials as duly authorized. CONTRACl'Oit-COLLIER COUNTY / BOARD O7 COUNTY COMMWS K10 , SIGNED B - NAME: Daniel R Rodriguez TITLE: Public Service Department Head DATB: 071 . /2021 -- _--- -- Federal Tax ID: 59-6000558 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC, SIGNED 13Y: �0—tLkKAAP NAME: NDV W1Cu Z . A&trnO TI'rLE:_Pf t-;I � DATE n / ` — Approved as to form and legality Assistant County A114ifty O U Page 15 of 56 (July 2021 - Juice 2022) CCE 203,21 INDEX OF ATTACHMENTS ATTACHMENTI....•.•r.........................................uH..1.lit...N.i.,..........,..,...........................................................• 17 STATEMENTOF WORK.................................................................................................................................17 ATTACHMENTII....r....i......................i................................................,,,........................................................ 33 FINANCIAL AND COMPLIANCE AUDIT................................................................ .. .............. .......... 33 ATTACHMENTIII ......r........... .a .......... ............. ...,................ ,i.......................................................................... 39 CE,RTII'ICATIONSAND ASSURANCES ................... ........................... ........................................................ 39 ATTACHMENTIV..........i..........................ili..ii,ii.....i.........i...............................iliiii..aiii....ii i. iii....................... 44 ASSURANCES -NO-CONSTRUCTIONPROGRAMS...............................................................................44 ATTACHMENTV ............................ ......... .i.nn.nu..................n•........................................... i.......... 46 ELORIDA DEPARTt EAtT OF ELDER AFF11IRS C1111L RIGHTS C:O.M.PLIANCE MECKLIST ................. 46 A'I"I'ACIiMENT VI..w.........................i....... ........ n.a,rnn...................................................................................50 CONTI?ACTOR 'S STATl,, CONTRACT LIST................................................................................................... SO ATTACHMENTVII..........r...................•..a.............•...........,...........•.................,..iiii,..............•......................... 51 BACKGROUND SCRI:ENING...................................................................................................................... 51y A'I A�ACHM.EN/1 YIII........................................ u.iuiu..iwun.....nu......rt............... I...... .... ...........un.... i....ua••uuieS.l'+ ANNUALBUDC:rTSUMMARJ............................... ................ ,...... ............................................................... 52 ATTACHMENTIX......iH.........................i♦..♦H11HHM..Up.....0.114........I...............,...ii.....,.,........,.............................53 INVOICEREPORT SCHEDULE.....................................................................................................................S3 ATTACHMENTX..................................... ........... I ....... .... I.............. .........r..............................,....................... 54 REQUESTFOR PAYMENT ...................................... ................ ,................................. ....................... ...... 54 ATTACHMENTX1.................................... ......... ............ ........ .... ....... ..aii................ ,....... ,...... ii..,..a................. 55 RECL'IYI'AIVD EXPENDITURE REPORT...................................................................................................... SS ATTACHMENTXII.................... ...............a.......... .......... ...... ,.......................................... ................................ 56 SE, RVICE RATEREPORT.............................................................................................................................SG Pnge 16 of 56 U (July 2021 - June 2022) CCE 203.21 ATTACHMENT I STATEMENT trF WORD 1. ,SE VICES TO BB PR O VIDED A. Definitions of Terms 1. Contract Acronyms Activities of Daily Living (ADLs) Area Agency on Aging (AAA) Access Priority Consumer List (APCL) Adult Protective Services (APS) Adult Protective Services Referral Tracking Tool (ARTT) Code of Federal Regulations (CFR) Corrective Action Plan (CAP) Community Care for the Disabled Adult (CCDA) Community Care for the Elderly (CCE) Client Iufot'Inatiori and Registl•atiort Tir.:L-l(i i, � System (CIRTS) Department of Children and Families (DCF) Florida Adm i ri l .,o.ive Code (EA.C.) Florida Department of ;'', erAffairs (DOEA or Department) Florida Statutes (F.S.) Home Care for Disabled Adults (FICDA) Instrumental Activities of Daily Living (IADLs) Notice of instruction (NOI) Planning and Service Area (PSA) Summary of hm,lrams and Services (SOPS) 2. Progrnnr Specific Terms Administrative Fmi d'ng: Contract dollars that are allocated 10 support the Contractor's expenses incurred in the managemoW and operation of the CCE Program, as stipulated in this contract. Adult Pr-otective Services Referral Tracking Tool (AR'1'T): A system designed to track DCF APS referrals to AAAs and CCE Lead Agencies for victims of second party abuse, neglect, and exploitation who need home and community -based services as identified by APS staff. Aging Out: The condition of reaching sixty (60) years of age and being transitioned from DCF's CCDA or I ICDA services to DOEA's community -based services. Araa Plan; A plan developed by the Contractor outlining a comprehensive and coordinated set -vice delivery system In its PSA in accordance with Section 306 of the Older Americans Act (42 U.S.C. § 3026) and Department instructions. The Area Plan includes performance measures and unit rates per service offered per county. Area flan Update: A revision to the Area Plan wherein the C;oniractor enters CCE-specific data in the C1R'1'S. An update may also include other revisions to the Area Plan as instmoted by the Department. Department of Elder Affairs Programs and Services Handbook (DOEA Handbook):. m official documentof DOEA. The DOER I landbook includes program policies, procedures, and standards applicable to agencies which are recipients of DOLA-funded programs, and providers of prograni-funded services. An annual update is provided through a NOI. Page 17 of 56 (July 2 02 1 - June 2022) CCE 203.21 Functional Assessurent: A comprehensive, systematic, and multidimensional review of a person's ability to remain I %-ing independently in the least restrictive living arrangement. Lead Agency: Air agency designated by the AAA at least every six (6) years through competitive procurement which provides case management to all CCE clients and ensures service integration and coordination of service providers within the community care service system. NOI► DOEA's established method to communicate to the Contractor and suubcontraetor the requirements to perform specific tasks or activities in a particular manner. NOIs are located oil the DOEA website at luttp;//elderaffalrs,state,fl, us/doea/nois.plup. Program Highligiik: Success stories, quotes, testimonials, or human -interest vignettes that are used in the SOPS to demonstrate how programs and services help elders, families, and caregivers. Summary of Prr,gl"!ri;s and Services (SOPS): A document produced by DOBA and updated yearly to provide the public and tine Legislature with information about programs and services for Flurida's elders. Vulnerable Adult in Need of Services: A vulnerable ad.,lt who has been determined by a protective investigator to be suffering front the ill effects of neglect not caused by a second party perpetrator and is in need of protective services or other services to prevent fin they harm, B, General Description 1, General Statement The primary purpose of the COS Program is to preven: dm ease, or delay premature or inappropriate and expensive placement of elders in nursing homes and other institutions. 2. Corrinrrurily Csire for- the Elderly Mis, i„ , State►urent Tire GCE Program assists functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through tine development, expansiotu, reorganization, and coordination of various community -based services. The program provides a continuum of care so that functionally impaired elderly persons age sixty (60) ai d older may be assured the least restrictive enviroirinelit suitable to their needs. 3. Authority The relevant authority governing the CCE Program includes; a, Sections 430.201-430.207, F.S.; b. Rule Chapter 58C-1, F.A.C.; and c. The Catalog of State Financial Assistance (CSFA) Nrnnber 65.010. 44. Scope of Service The Contractor is responsible for the progra►nmatie, fiscal, and operational management of CCE Program. Tire program services shall be provided in a manner consistent with the Contractor's current Area Plan, as updated, and the current DOER Handbook, which are hereby incorporated by reference. The C;oi* agrees to be bound by all subsequent amendments and revisions to the DOE%+ Handbook, and tine Contractor agrees to accept all such amendments and revisions via a NOL 5, Major Program Goals The major goals of'the CCE: Program are to preserve the independence of elders and prevent or delay costlier institutional care through a community care service system that provides case management and othe in -home and community services as needed under the direction of a lead agency, and to provide a continuum, o service alternatives that meets the diverse needs of functionally -impaired elders. Page 18 of 56 C� (July 2021 - Jane 2022) C. Clients to be Served CCE 203.21 1. General Description The CCF Program provides a continuum of services for functionally -unpaired eldors age sixty (60) and older. 2. Client Eligibility To receive services under this contract, an applicant must. a, Be at least sixty (60) years of age and be functionally mpaircd pursuant to Section 430,203(7), F.S,, as determined through the functional assessment and at least an annual reassessment; or b, Be aging out as defined in Section 1.A.2, of Ihi,. contract. e, Clients cannot be dually enrolled in the CCF Program and a Medioaid-capitated long-term care program 3. Targeted G coups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an insW t,tion or who are abused, neglected, or toned. 4. Client Determination Tile Agency shall have final authority for the determination of client eligibility. II, K4NNE,R OT , 1;;: t :ICE PROVISION A, Service 'Tasks To achieve the goals of the CCF Program, the Contractor shall perform, or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor sli di ensure that applicant data is evaluated to determine eligibility, Eligibility to become a client is based on meeting the requirements described in Section I.C.2. 2. Assessment and Prlorltization of Service Delivery for New Clients Tile Contractor shalt erasure the following criteria are used to prioritize nc v cliem for service delivery in the sequence below, It is not the intent of the Agency to remove existing clients from services to serve new clients being assessed and prioritized for service delivery. a. DCF APS High Risk individuals: Tine Contractor shall ensure that pursuant to Section 430.205(5)(a), F,S,, those elderly persons who are determined by DCF APS to be vulnerable adults in need of services, pursuant to Section 415,104(3)(b), or to be victims of abuse, neglect, or exploitation who need immediate services to prevent further harm, and are referred by APS, shall be given primary consideration for receiving CCE services, As used in this subsection, "primary consideration" means that an assessmei i , and services must commence within sevetrty-two (72) hours after referral to the .Agency or as established in accordance with local protocols developed between Agency service contractors and APS. The Contractor shall follow guidelines for DCF APS High Risk referrals established in the APS Operations Ma! at, which is incorporated by reference. b, For DCF APS Low, Intermediate, and High -Risk Referrals for individuals enrolled in a Medicaid long- term care program at the time of referral to the Contractor or subcontractor, the Contractor shall: i. Ensure that the intake entity contacts and notifies the DCF APS protective investigator that the referral was not accepted because the referred individual is enrolled in a Medicaid long -terra care program; and ii, Ensure that tine intake entity notes that the referred individual is enrolled in a Medicaid long -terns care program in tine ARTT as the reason for rejection. c. Imminent Risk individuals; Individuals in the community whose mental or physical health condition has deteriorated to the degree that self -care is not possible, there is no capable caregiver, and nursing ]ionic placement is likely within one (1) month or very likely within three (3) months. Page 19 of 56 � t� (July 2021 - June 2022) CCE 203.21 d. Aging O, individuals; Individuals receiving CODA and HCDA services thi-ougli DCF's AdtiltServices traasitioning to cornmunity-based services provided through the Agency when DCF's services are not currently available e. Service priority for individuals not included in a., c., or d. above, regardless i referral source, will be determined through the Agency's functional assessment adnihistered to each applicant, to the extent f unding i, available.'I'lte Contractor shall ensure that priority is give.i to applicants at the higher levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing house placement, priority will be given to applicants with the lesser ability to pay for services. 3. Referrals for Medicaid NV:d or Services a. The Contractor must require subcontractors, through the performance of the client assessment, to identify potential Medicaid eligible CCE clients and to refer these individuals for application for Medicaid Waiver services. b. The Contractor must require individuals who have been identified as being potentially Medicaid Waiver eligible to apply for Medicaid Waiver services to rc,,.6vr community -based services. These individuals may only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the client is found ineligible for Medicaid Waiver services for any reason other than fai' w ,' to provide required documentation, then the individual may continue to receive CCE services. c. The Contractor must advise individuals who have been identified as being potentially Medicaid Waiver eligible of the responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. 4. Program Services The Contractor shall ensure the provision of program services is consistent with the Contractor's current Area Plan, as updated and approved by the DOFA, and the current DOEA Handbook, B. Use of Subcontractors If this )ntract involves the use of a Subcontractor or third pa oy, then the Contractor shall not delay the .implementation of its agreement with the Subcontractor. If any circumstance occurs that may result ill a delay for a period of sixty (60) days ormore of the initiation of the subconi rid or the performance of the subcontractor, the Contractor sliall notify the Agency Contract Manager and the Agency Chief Financial Officer hi writing of such delay.'l7m Contractor shall not permit a subcontractor to perform services related to this Contract without 1, wing a binding subcontractor agreement executed prior to the Subcontractor's performance. The Agency will not be responsible or liable for any obligations or claims resulting front tc]t action. x, Collies of Subcontracts The Contractor shall submit a copy of all subcontracts to tale Department's Contract Manager within thirty days of the subcontract being executed. 2. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per year, each of its Subcontractors, Subredpients, Vendors, and/ or Consultants paid from ftutds provided under this contract, The Contractor shall perform fiscal, adnvrustrative, and progranunatie monitoring to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. The Contractor shall monitor to ensure that the budget is met, the scope of work is accomplished within the specified time periods, and all other performance goals stated in this contract are achieved. 3. Collies of Subcontractor Monitoring Reports The Contractor shall forward a copy of ail subcontractor monitoring reports to the Agency's Contract Manager within thirty (30) days of the report being issued to the subcontractors, subrecipients, vendors, and/ or consultants. Page 20 of 56 f) (July 2021- ,rune 2022) C. Staffing Requirements 1. Staffing Levels CCE 203.21 The Contractor shall dedicate its own staff as necessary to meet, the obligations of this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall erasure that the staff responsible for perforating any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours. Normal business hours are defined as Monday through Fiday, 8:00 a.ri,. to 5:00 p.m. local time. D. Deliverables The following section provides the specific gaantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1. Delivery of Service to )Eligible Clients The Contractor shall ensure the provision of a continuum of services that meets the diverse, individual, and assessed needs of each funeti nally-impaired eider. The Contractor shall ensure that performance and reporting of the following services are in accordance with the Contractor's current Department -approved Area Plan, the current DOEA Handbook, and Section I1,A.1,-4,, of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: aa. Core Services for Programmatic Operation The Contractor shall ensure that core services include a variety o home -delivered services, day care services, and other basic services that are most needed to prevent unnecessary institutionali ;Aou. The Contractor shall not directly provide core services to clients. Core services, to be provided at the unit rate identified in the Contractor's Area Plan, as updated, include the following: (1) Adult Day Care; (2) Chore Services; (3) Companionship; (4) Escort; (5) Financial R!,;I. Reduction; (6) Home Delivered Meals; (7) Homemaker; b. Health Malntenance Services (8) Housing Improvement; (9) Legal Assistance; (10) Pest Control Services.. (11) Respite Services; (12) Shopping Assistance; (13) Telephone Reassurance; and (14) TrarfsportAi,,;;, The Contractor shall ensure that health maintenance service- are made available as necessary to help maintain flip, health of functionally-Impal .6 elders. These services are limited to medical therapeutic services and non -medical prevention services. Typical services to be provided il the unit rate identified in the Contractor's Area Plan, as updated, include the following: (1) Adult i ray Health Care; (2) Emergency Alert Response; (3) Gerontological Counseling; (4) Health Support; (5) Horne Ilcalth Aide; (8) Nutrition Counsel!. g; (9) Occupational _. erapy; (10) Personal Care; (11) Physical Therapy; (12) Skilled Nursing Services; Page 21 of 56 (July 2021 - J; ne 2022) CCr 203.21 {6) Medication Ivlanageanneint; (13) Specialized Medical Lquipnnetnt, Services, and Supplies; and (7) Mental Health Counseling/Screening; c. Other Support Services (14) Speech Therapy. The Contractor shall ensure that support services expand the continuum of care options to assist functionally -impaired elders and their earegivers. Support services to be provided at the unit rate identified in the Contractor's Area Plan, as updated, include the following: (1) Caregiver `I'ralaning/Support; (4) Intake; (2) Case Aid; (5) Material Aid; and (3) Case,:t,l1 II'canent; (6) Other services, as approved by (fie Department. 2. Service Units The Contractor shall ensure tl:, t tine provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II,A. Attachtneut XIV, Service Rit t Report, lists tine services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to tine rate established in the Contractor's Area Plan as updated, as shown in Attachment XIV, and approved by the Department, 3. Administrative Ite,iiunsibilitles The Contractor shall provide management and oversight of CCE Program operations in accords ,:e with tine current DOEA Handbook and the Department -approved . itraotor's Area Man and Cost Analysis. Management and oversight of CCE Program operations include the following; a. Developing a competitive solicitation process for allocation of CCE funds, including appeal procedures for handling disputes involving the Lead Agency; b. Developing all Area Plan and updating it annually, at a mininnum, as directed by the Depart i i w!l',' c. Designating appropriate and capable Lead Agencies and establishing vendor agreements at the AAA level, wizen applicable for Lead Agency and CCE services according to nnar.,ials, rules, and agreement procedures of DOEA; d. Providing technical assistance and training to Lead Agencies, Subcontractors, and vendors to ensure provision of quality services; e. Monitoring and evaluating Lead Agencies, subcontractors, and vt- does for fiscal, administrative, and programmatic compliance; f. Appropriately and tinnely submittia , paynncnts to subcontractors; g. Arranging in-service training for Lead Agencies at least annually; It. Establishing proccatires for handling recipient complaints and ensuring that subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services, Complaint procedures shall address the quality and timeliness of services, Contractor and direct service worker complaints, and any other issues related to complaints (other than termination, suspension or reduction in services) that require tine grievance process as described in Appendix D of the current DOEA Handbook. The complaint procedures shall include notification to all clients of tine complaint procedure and inclu;', tracking the date, nature of complaint, and tine determination of each complaint; i. Ensuring compliance with CIRTS regulations; J. Monitoring performance objective achievements io accordance with targets set by the Department; and k. Conducting annual client satisfaction surveys to evaluate and 'improve service delivery. E. Reports The Contractor shall respond within ten (10) business days, o, within deadlines established by the Department, to the Department's request for routine and/or special requests for information and ad hoc reports. The Contractor Page 22 of 56 (.oily 2OZ1 - June 2022) CCL 203.21 niust es!ablish due dates for any subcontractors that permit the Contractor to nneet the Agency's reporting requirements 1. C1RTS Reports The Contractor shall ensure timely input ofCCE-specific data into C1RTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following; a. Client Reports; b. Monitoring Reports; c. Services Reports; d. Miscellaneous Reports; e. Fiscal Reports; f, Aging and Disa!;ilily Resource Center Reports; and g, Outcome Measurement Reports, 2, Annual Service Cost Reports a, The Agency shall require Contractors to mutually submit to the Agency Contract Manager Service Cost Repm t which reflect the actual costs of providing each service by p; ograin. This Amival Service Cost Report will be due by February 25, of cacti year, This report will include actual costs for performing all services during the preceding calendar year. Sttppartiing cloctuttCntatiori must accompany the report, which will include General Ledger, Trial Balance and/or Statement of Revenue and Expenditures along wvith a narrative explanation and justification of rate differences. Thls Amaral Service Cost Report provides information for platuting and negoKahng unit rates. b. Any multi -year contracts entered into ivith service providers on or after the effective date of this contract shall contain a provision requiring the contract's parties to re-evaluate the contract's refntbtusentent rates on an aluivat basis, The Contractor inlay annually renegotiate rates based on factors including but not limited to a revlew of sustainability, the respective consumer price Index, or current market conditions, However, it is the intent of the Department and/or Agency that the quality of services provided to current program recipients not be reduced. Unit Cost Metliodology worksheets, along with supporting docwnentation and narrative explanation, must be submitted by April 15 of each year, i f a rate increase is being requested for any service in the next contact year. 3. Surplits/Deficit Reports The Contractor small submit a Consolidated Stirplus/Deficit Report, in a format provided by the Agency, to 0-C Deparbrient's Contract Manager by the P lh of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the Agency and must include tine following: a. A list of all contracts and their current status regardi :g surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold speciFted by the Agency will be resolved; c, Recommendations to transfer funds within the PSA to resolve sur, lus/deficit spending; d. input from tine Agency's Board of Directors on resolution of spending issues, is applicable; Page 23 of 56 tl (July 2021 - Jane 2022) CCE 203.21 4. Cost Anfllysis The Contractor shall submit a completed DOEA Cost Analysis forNon-Competitively Procured Contracts in Excess of Category 11 to the Departments Contract Manager by June 3011, of each yca3•. 5. Co -Pay Collections Repurt The Contractor shall submit a consolidated annual co -payment colleotions report to the Department's Contract Manager by July 25, 2022, using Attachment 5, located in Appendix B of :he current DOEA Handbook. 6. Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2020-2021 by August 30, 2021. The Contractor shall provide a new success story, quote, testimonial, or human -interest vignette. The highlights shall be itten for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced ill the highlight, the Contactor shall provide a brief description of their mission or role. The active tense shall be consistently used In the highlight narrative, to identify the specific individual or entity that performed tha activity described in the highlight. The Contractor sliall review and edit Program Highlights for clarity, readability, relevance, speci i( ity, human interest, grajnw:ir, prior to submitting them to the Agency. Page 24 of 56 (July 2021 - June 2022) F. Records amd Documentation CCE 203.21 I Requests for Payment The Contractor shall maintain documentation to support Requests for Payment (Attachment Xl) that shall be available to the Agency or authorized individuals, such as the Department of financial Services (DFS), upon request, 2, CIRTS Dntn and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in CULTS or any such system designated by the Agency. 3, CYRTS Address Wlid.itlon The Contractor shall work with the Agency to ensure client addresses are correct in CIRTS for disaster preparedness efforts, At least annually, and more frequently as needed, the Agency will provide direction on how to validate CIRTS addresses to ensure these can be mapped, The Contractor will receive a list of unmatched addresses that cannot be mapped and the Contractor will be responsible for working with the Lead Agencies to correct addresses, and send a list to the Agency with confirmed ad(iresses. Tile Agency will use this information to update maps, client rosters, and unmatched addresses to dissc•)iinate to the Lead Agencies. 4, Data Intccrity anti Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing tip of ;ill data and software is rec!,iirtvd to recover from losses or outages of the computer system. Data and software essential to the continued operation of Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources, A copy of (lie backed -up data shall be stored in a secure, offsite location. 5. Policies anel Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup .,n(l recovery and shall have the same requirement of its subcontractors, These I )licies and procedures shall be made Ave llable to tile. Agency upon request. G. Performance Specifications 1, Outcomes and Outputs (Performance Measures) The Contractoi must: a. Ensure the prioritization of clients and provision of services to clients in accordance with Section II.A.2 of this Contract; b. Ensure tine provision of (lie services described !n this contract are In accordance with the current DOEA Handbook and Section II.A. t .-4 and Section I.I.D. L-3. of this contract; c. Timely and accurately submit to 1. to Agency all required documentation and reports described lit Section ILE,; d, Timely and accurately submit to tile, Agency Attachments Xl, X1I, and XIII, and supporting documentation, in accordance with Attachment X, Invoice Report Schedule; and e. Develop and document strategies in the Area Plan to sit port tine Department's standard of performance achievement, including increases for the following: i. Percentage of most frail elders who � .gin.a i n at home or in the community instead of going into a nursing home; ii, Percentage of active clients eating two or more meals per day; iii, Percentage of new service recipients whose ADL assessment score has been maintained or improved; Page 25 of 5G (July 2021 - June 2022) CCE 203.21 iv. Percentage of new service recipients whose IADL assessment score has been maintained or improved; v, After set -vice intervention, the percentage of cnwho self -report being very confident about their ability to conthr is to provide care; A. Percentage of clients who are at i►eminent risk , ,i nursing home placement who are served with community-based services;. vii, Percentage of AP> refer i'als who need immediate services to prevent further harm who are served within seventy-two (72) hours; and viii, Percentage of elders assessed with high or moderate risk environments who improved their envieonunent score. 2, The Contractor's performance of the measures in Section 11.0.1. above will be reviewed and documented in the Department's Annual Programmatic Monitoring Report. 3. Monitoring and Evaluation Methodology The Agency will review and evaluate the performance of the Contractor under the terms of this conk act. Monitoring shall be conducted through direct contact with the Contractor through telenhonc, in waiting, and/or on -site visit(s). The primary, secondary, or signatory of the contract must be available for any on -site programmatic monitoring visit. The Deparlment's determinath,ti of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the Agency to monitoring the progress of completion of the service tasks and deliverables. The .Agency may use, but is not limited to, one or more of the following methods for monitoring: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and follow-..p on -site visits; C. Clicntvisits; d, Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; f. Review of progress reports; g, Review of customer satisfaction surveys; i,. Agreed -upon procedures review by an external auditor or consultant; i, Limited -scope reviews; wid j, Other procedures as de- ; necessary by the Agency. H. Contractor Recponsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and are tasks and deliverables for which, by execution of this contract, the Contractor agrees to be held accountable. 2, Coordination with Other Providers and/or Entitles Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of this contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract, Page 26 of 56 (Ady 2021 - June 2022) I, AgencyResponsibilities 1. Agency Obligations t;CE 203.21 The Agency may, within its resources, providtt technical support and/or assistance to the Contractor to assist the Contractor in meeting the requirements of this contract. The Department's technical support and/or assistance, or lack thereof, shall not relieve the Contractor front full performance of contract requirem. i. 2. Agency Determina(lons The Agency reserves the exclusive right to make certain determinations in the tasks and approaches used to perform tasks required by this contract. The absence of the Agency setting forth a specific reservatio:i rights does not ttncan that all -,;:ner areas of the ct)ntraot are subject to mutual agreement. III. ikJ'P 17101) OF PAYMENT A. Payment Methods Used The method of payment for this contract is a combination of fixed-fee/unit rate, cost rc?,,ibursement, and advance payments, subject to the availability of funds and Contractor performance, The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section ILD,, and in accordance with other terms and conditions of this coim'.i .t. 1. Fixed Fee/Unit Rate Payment for Fixed Fee/U! Rates shall not exceed unts established in the Service Rate Report (Attachment XIV) per unit of service, 2, Cost Reimbursement Payment may be authorised only for allowable expenditures which are in accordance with the services specific in the Service Rate Report (Attachment XIV). All Cost Reimbursement Requests for Payment must include a Receipt and Expenditure Report (Attachment XIl) as well as a Cost Reimbursement Summary form (Attachment XIII), beginning with the first nnontln of this contract. Reimbursement a►nounts for administrative casts must be reflected on the Cost Reimbursement Summary form (Attachment X1I1) and include only items contained on the Contractor's Cost Analysis form. The Age, - cy reserves the r ight to review supporting documentation for any cost reimbursement requests, 3. Advance Payments The Contractor may requcA tip to two (2) months of advances at the start of the contract pet iod !o cover program administrative and service costs, The payment of an advance will be contingent upon the sufficiency and amount of fiends released to the Agency by the State of Florida (budget release). The Contractor's requests for advance payments require the written approval of (lie Depai lment's Contract Manager. For the first month's advance request, the Contractor shall provide to the Department's Contract Manager documentation justifying the need for an advance and describing how the funds NOW be disiributed. If the Contractor is requesting two (2) months of advances, documentation mast be provided reflecting the cash needs of the Contractor within the initial two (2) months and should be supported through a cash -flow analysis or other information appropriate to demonstrate the Contractor's financial need for the second month of advances. The Contractor must also describe how the funds will be distributed for the fast and second month. If sufficient budget is available, and the Department's Contract Manager, in his or leer s ie discretion, has determined that there is justified need for an advance, the Agency will issue approved advance payments after July 1 st of tine contract year, a, Any advance payments the Contractor requests for subcontractors must be distributed within seven (7) days of receipt of payment from the Agency. The Contractor shall submit to the Al en, v docume;.cation to support full distribution of advanced fiends with ReportNumber 5, due to the Agency on October 25, 2021, in accordance with the Invoice Report Schedule (Attaclur►ent X). b. All advance pay vents retained by the Co rtractor must be fully expended no later than September 30, 2021. Any portion of advance payments not ex;, nded must be recouped on the Request for Payment (Attachment XI), Report Number 5, due to the Agency on October 25, 2021, in accordance wi; i, the Invoice Report Schedule (Attachment X). Page 27 of 56 (3111y 2021 -.1111le 2022) CCG 203.21 c. All advance payments made to tite Contractor shall be reimbursed to the Agency as follows: At least one —tenth of the advance payment received shall reported as an advance recouptnent on each Request for Payment (Attachment XI), ,,I,-rting with Report Number 5, in accordance with the invoice Report Schedule (Attachment X). 13, rustling Distribution The Contractor agrees to distribute funds as detailed in the Area Plan update and the Annual Budget Summary (Attachment IX). Any changes in t,e total a111OL11)(S of the i u .ds identified on the Annual Budget Summary form require a contract amendment, C, Method of Invoice Payment Payment shall be made upon the Contractor's presentation of invoice subsequent to the acceptance and approval by the Agency of the deliverables shown on the invoice. 'rhe form and substance of each invoice submitted by the Contractor shall be as follows: 1, Have a Remittance Address that corresponds exactly to the "Remit To" address provided to MyFlorldaN'.irketPlace (MFMP) during registration; 2, Request payment monthly for the units of services established in the Contractor's approved Area Plan, provided in conformance with the requirements as described in the current DOEA Handbook, at the rates established in the Service Rate Report (Attachment XiV) of ;I.c contract, Documentation of service del; very niust include a report consisting of the following: n.imber of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Reimbursement atnau►►ts for administrative costs must be reflected on tine Cost Reimbursement Summary form (Attachment XIII) and include only items contained on tine Contractor's Cost Analysis form, Any requested changes to the approved budget subsequent to the execution of this contract ,n ist be submitted to the DepartmcW's Contract Manager for written approval. Any change to the total contract amount requires a formal contract amendment; 3, Tile Contractor shall consolidate all subcontractors' Requests for Payment and Expenditure Reports that support Requests for Payment and shall submit the consolidated information to the Agency using forms Request for Payment (Attachment XI), Receipt and Expenditure Report (Attachment X11), and Cost Reimbursement Summary (Attachment XIII) for services and administrative expenses, which must include itemized expenditure categories; and d, All Requests for Payment shall be based oil the submission of monthly Receipt and Expenditure Reports bct,iuuing with the first iiionth of this contract, The schedule for submission of advance requests (when available) and invoices is set forth in the Invoice Report Schedule (Attachment X). D. Payment Withholding Any payment due by the Agency under the terms of titis contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjust.nents thereto, including any disallowance tw' resolved. Is, Final Invoice Instruct foils The Contractor shot: submit the final Request for Payment to the Agency no later than August 15, 2022. F. CIRTS Data kntries for Subcontractors The Contractor shall require subcontractors to enter all required data for clients and services in the CIRTS database in accordance with the current DOER Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services), Subcontractors must enter this data into the CIRTS prior to submitting their Requests for Payment and Expenditure Reports to the Contractor, The Contractor shall estahtish deadlines for completing CIRTS data enty and ensure compliance with due dates for the Requests for Payment and Receipt and Expenditure reports that Contractor must submit to the Agency, G. Subcontractors' Monthly CIRTS Reports The Contractor shall require subcontractors to run monthly CIRTS reports and to verify that client and service data in the CIRTS is accurate, This report must! c submitted to the Contactor with tite monthly Request for PsiYm,(.nt Page 28 of 5+6 CJ (July ,'Ul t - June 2022) CCR 203,21 and Receipt and Expenditure Report and must be reviewed by the Contractor before the subcontractor's request for Payment and Receipt and Expenditure Reports can be approved by tile Contractor. H. Corrective Action Plan 1, Contractor shall ensure one hundred percent (100%) of the deliverables Identified in Section [I,D, L-3. of this contract are perf +Fined pursuant to contract requirements. 2. If at any time the Contractor is notified by the Department's Contract Manager that it has failed to correctly, completely, and/or adequately perform contract deliverables idcwi+i d irl Section ILD.L-3, of this contract, the Contractor will have ten (10) days to submit a CAP to the Department's Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the DeI .rtnlent's Contract Manager, The Agency steal, assess a Financial Consequence for Non -Compliance off the Contractor as referenced in Section 1II.I, of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also a financial consequence for failure to tirllely submit a CAP. 3. If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, the Agency shall ded(ict the pertntage established in Section III,i, of this contract :i >m the payment for the invoice of the following month. 4, If the Contractor fails to tingly submit a CAP, the Agency shall deduct the percentage established in Section 111,1, of this contract for each day the CAP Is overdue, The deduction will be made 1:-om the payment for the Invoice of the following month. I. Financial Consequences The Agency will withhold or reduce payment if the Conn :+: for fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section II.D, of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined Ili Section II.D, of this contract: 1. Delivery ofservices to eligible i, i t.: as referenced in Section II.A.1,-2, and Section II.D.1 of this cot itract-- Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will result in a two percent (20/6) reduction of payment per business day. The reduction of payment will begin on the first business day following the Department's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced i Section III.H.; 2, Services and units of services as referenced in Section 1",D.2, of this contract Failure to provide services in accordance with the current DORA Handbook, the service tasks describ,:d in Section ILA,, and the Service Rate Report (Attachment XIV), and/or failure to submit required documentation will result in a two percent (2%) reduction of payment per business day, The reduction of payment will begin the first business day following the Department's notification to the Contractor that the P, :.ified deficiency is not cured or satisfactorily addressed in accordance with the Agency approved CAI', referenced in Section III.H.; 3. Administrative duties as referenced in Section II.D.3. of this contract Failure to perform management and oversight of CCE Program operations will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begin the first business day following the Department's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section III.-H.; 4. Timely submission of a CAP -- '�, .Alurc to timely subunit a CAP within VA, (10) business clays after notification of a deficiency by the Department's Contract Manager will result in a two percent (2%) reduction of payment per business day the CAP is not received. The reduction of payment will begiui tile first business day following the Department's notification to the Contractor that the Identified deficiency was not cured or satisfactorily addressed Ili accordance witi, the Agency -approved CAP, referenced i , Section I11,H.; and 5. Exceptions may be granted solely, in writing, by the Department's Contract Manager. Page 29 of 56 Ka (July 2021 -,Tune 2022) Ili'. SPECIAL PI? 0VISIONS A, Final 1ludget and funding Reyision Requests CCG 203.21 Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services mast be submilted to the Department's Contract Manager in writing no later than June 30, 2022; email requests are considered acceptable. B, Contractor's Financial Obligations 1. Matching, Level of Effo et, and Farutarking Requirement The Contractor r mst provide a match of at least ten percent (10%) of the cost for all CCF_ services. The match must be made in the form of cash and/or in -kind resources. At �k-. end of the contract period, all CCE fonds expended must be properly matched, State funds shall not be ui,x a to thatch another state -funded program. 2. Cost Sharing and Co-Payineols Pursuant to Section 430.204(8),F.S., and Rule 58C-1., 07, the dollar amount for payments associated with CCE musi be calculated by applying the current federal poverty guidelines published by the U.S. Department of Health and Human Services. a, No co -payments will be assessed on a client whose income is at, or below, the federal poverty level (IiPL) as established each year by the U.S, Department of Health and human `,rvices. b. No client may have their services terminated for inability to pay their assessed co -payment. The Contractor, in conjuriXon with provider agencies, must establish procedures to remedy financial hardships associated with co -payments and ensure there is no Interruption in service(s) for !liability to pay. If a client's co - payment is reduced or waived entirely, a written explanation for the change must be placed in the client file. c. Co -payments include only the amounts assessed to consumers by subcontractors or the amounts consumers opt to contribute in lieu of an assessed co -payment, 'Che co, uher's contribution must be equal to or greater than the assessed co -payment. Co -payments co;lectcd in the CCE Program can be used as part of the local thatch, as detailed above in Section IV.B.1. 3. Use of Service Dollars nml Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds p-ovided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner as to avoid having a wait list and a surplus of finds at the end of the contract period. If the Age-tcy determines that the Contractor is not spending service fiords accordingly, the Agency may transfer funds to other AAAs during the contract period and/or adjust subsequent flan !l:ll, allocations accordingly, as allowable under state and federal law, 4. Contract Limits In no case shall the Contractor be required to ittcur costs in excess of the contract amount in providing services to clients. C. Remedies for Nonconfornihir Services 1. Tire Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely, and commensurate with requil cal standards of quality, Such goods and/or services will only be delivered to eligible program participants. 2. if the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition, any nonconforming goods (including honie delivered meals) and/or services not meeting such standards will not he reimbursed under this contract. The Contractor's signature oil the Request for Payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bean the costs associated with prepa:iug or providing nonconfor )ling goods and/or services. The Agency requires Immediate notice of any significant and/or �,ysterriic infractions that compromise the quality, security, or continuity of services to clients. D. Incident Reporting The Contractor shalt notify the Agency immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of changes that may ivaterially affect the Contractor or any subcontractor's Page 30 of 56 (July 2021 - June 2022) CC] a 203.21 ability to perforrn the services required to be performed under this contract and in autli, sizing provisos. Such notice shall be made orally to the Departrncnt's Contract Manager (by telephone) with all email to hmr— :l ately follow, including the Contractor's plan for provision of services authorized in proviso. E. Investigation of Crim bias. Alleg;-Jlo►is Any report that implies criminal intent oil the part of the Contractor or any subcontractors and referred to a governmental or investigatory agency must be sent to the Agency. If the Contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's office, , other governmental agency, the Contractor shall notify the Inspector General at the Agency inlnlediately, A copy of all documents, reports, notes, or other written material concerning the investigation, whether ill the possession of the Contractor or subcontractors, must be sent to the Department's Inspector General with a summary of the it .--stigation and allegations. F. Volunteers Tile Contractor shall ensure tine use of tj a i ircd volunteers in providing direct services delivered to older, individuals and individuals with disabilities needing such services, If possible, tile, tractor sire work in cool _l:nation with organizations that have experience in providing traini, j,, ,!acenlerlt, and stipends for volunteers or participants (stroll as the Senior Community Service Employment Program or organizations carrying out federal s,rvice programs administered by the Cor w-,irion for National and Community Service). G. Enforcement 1. In accordance with Section 430.04, F.S., the Agency shall rescind designation of an area agency on aging or take intermediate measures Against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the Agency, placement oil probationary status, ' Reposing a moratorium on Contractor action, imposing fiil,+ncial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S,, if the Agency finds that any of tine following have occurred: a. An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of an aging services program; N The Contractor lacks financial stability sufficient to meet contractual obligations or lint contractual funds have been misappropriated; c, The Contractor has committed multiple or repeated violations of legal and regulatory requirements or Agency standards; d. The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; e. The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the Agency; f. The Contractor has failed to propel ly determine client eligibility as defined by the Agency or efficiently manage program budgets; or g, The Contractor has failed to implement and maintain a Agency -approved client grievance resolution procedure. 2. In slaking, any determination under this provision, the Agency may rely upon findings of another state or federal agency or other regulatory body. Any claims for damages for breach of contract are exempt from administrative proceedings and shall be brought before i � ie appropriate entity in tl °venue of Leos County, Florida. In the event the Agency initiates action to rescind an area agency on aging designation, the Agency shall follow the procedures set forth in 42 U.S.C, § 3025(b). H. Contract Modifications Tile Department's Contract Manager has the authority to modify and/or extend deliverable deadlines, Ail deliverable extension requests must be made to the Department's Contract Manager, in w, iting, prior to the required deadline. All approvals for deliverable extensions must be communicated, in writing, by the Page 31 of 56 V (July 2021 - June 2022) CCE 203.21 Agency's Contract Maliager to the rontractor and are subject to the discretion of the Agency's C, vAract Manager, The requests and the approval roust occlir prior to the established deadline, An eamat writing (request and response) i considered acceptable, END OFATTACHMENT Page 32 of 56 (July 2021 - Jnme 2022) CCE 203.21 ATTACHMENT II FINANCIAL AND COMPLIANCi? AUl)YJ The administration of resources awarded by the Agency to the Contractor :nay 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 ewci ing into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by (Inc Agency to the Contractor regarding such audit. The Contractor further agreesto comply and cooperate v, ith 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-profi, organization as defined in 2 CFR Part 200, Subpart A. In the event that the Contractor expends $750,000.00 or store in federal awards during its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the piovisions 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 fisca' year, the Contractor shall consider all sources of Federal awards, including federal resources received from the Agency. The determination of amounts of Federal awards expended should be in accordance with 2 CFR Part 200, Ali audit of the Contractor conducted by tine Auditor Ocneral in accordancewith the provisions of 2 CFR fart 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR § 200.508. If the Contr;ietor 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 expej:d less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with (lie ,provisions of 2 CFR Part 200, tine cost of (lie 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 shunt cover the entire organization for the organization's fiscal year, Compliance findings related to contracts with the Agency sliall 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 requ'.rcinent was niet 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 iii effcct during the audit period. Financial reporting packages required under this pact must be submitted within the earlier of 30 clays after receipt of the audit report or 9 months after the end of the Contractor's fiscal year end. PART II: STATE FlJNDED Page 33 of 56 (,July 2021- Jur►e 2022) CCE 203.21 This part is applicable if tile Contractor is a non -slate entity as defined by Section 215,97(2), F.S. In the event that the Contractor expends a total i,nnount of state financial assistance equal to or in excess of $750,000,00 in any fiscal year of such Contractor, Elie 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 Sol -vices; and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of tine Auditor General, financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Agency by this contract. In determining the state fiila►ncial assistance expended in its fiscal year, (lie Contractor shall consider All sources of state financial assistance, including state financial assistance received from the Agency, other state agencies, andother non - state entities. State financial assistance ' es not include Federal direct or pass -through awards and resources received by a non -state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragrapl, 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S, This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10,550 (local governmental entities) or 10.650 (uonp, • and foe -profit organizations), Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state f►nanci:il assistance ill 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 f h 1: $750,000.00 in state financial assistance ht its fiscal year and elects to have all audit conducted in accordance with tine provisions of Section 215.97, F.S., the cost of the audit roust be paid from the non -state entity's resources (i.e., V 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 .i:cM 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. Tile financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All que.tioned costs and liabili'i,•.: due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otherv';sc disclosed as required by Rule 69I-5.003, F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with tale Agency iu effect during the audit period. For local goveriunental 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 fiscal year end, For non-profit or for -profit organizations, financial reporting packages required under this dart must be submitted within 45 days after delivery of tite audit report, but no Iater than 9 montlns 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 ...th 2 CFR Part 200 and requited by Part I of this Financial Compliance Audit Attachment, shalt be submitted, when required by 2 CFR § 200.512 by or oil behalf of the Contractor directly to each of (he following: Federal Audit (A aringhouse Bill -eau of the Census 1201 East 101" Street J'effersonvllle, 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 form Must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall suhmi! a copy of any management letter issued by the auditor directly to the Agency. Page 34 of 56 (July 2021 - Jude 2022) CCE 203.21 Area Agency on Aging for Southwest Florida, Inc. Attn: Rick Cocchieri, Director of Fi�,a,,ce 280 Winkler Ave, Suite 112 Ft Myers, Florida 33916 Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachir—'r,-,. Part 11, shall be submitted by or on behalf of the Contractor directly to each of the following: Tha Agency at the following address: Area Agency on Agingfor SouthwestPlorida, Inc, Attn: Rick Coeehieri, Di rector of Finance 280 Winkler Ave, Suite 112 Pt Myers, Florida 33916 Tire 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 .', 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, Contractors, when submitting financiat 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! 1,,: Auditor General, should indicate the date that the reporting jm(.kage was delivered to the Contractor in correspondence accompanying the reporting package, PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating i,s compliance with the terms of this contract for a period of six k.6) years from the date the audit report is issued, and shall allow the Agency or its designee, the Director, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to (lie Agency or its designee, Director, or Auditor General upon request for a period of six (6) years from (lie date (lie audit report Is issued, unless extended in writing by the Agency. Page 35 of 56 (July 2021 - June 2022) ATTACHMENT II -EXHIBIT 1 PART It AUDIT RCLATIONSHI I' DETI;RMIN kTI(rN CCH 203.21 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 detcrrnined 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 Il of Exhibit I are niet, 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 complia,:,_( 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. X Recipient/sub-recif)ient subject to 2 CFR §§ 200,86 and 200.93 and/or Section 215,97, F.S. —Exempt organization not subject to 2 CFR fart 200 and/oj- 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, Vanches of state (Flor ..a) 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 iinanciA assistance] and/or 2 CFR § 200,330 (federal awards]. PART IIt FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL X WA R DS. Contractors who receive Federal awards, state maintenance of effort Funds, or state matching funds on Federal awards acid 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 FOI,t,OW: 2 CFR § 200.416 - § 200.4 i 7 Special Considerations for States, Local Governments, and Indian Tribes* 2 CFR § 200.201 - Administrative Requirements" 2 CFR § 200 Subpart F- - Audit Requirements Reference Guide fo: State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations NON-PROFIT ORGANIZATIONS MUST VOLLOW; 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 III A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR § 200.418 § 200,4 !9- Special Considerations for Institutions of Higher Education* 2 CFR § 200.100 - Administrative Requirements 2 CFR § 200 Subpart F-Atrdit Requirements Reference Guide for State Expenditures Other fiscal rcquircnicnts set forth in program laws, males, and regulations *Some Federal programs may be exempted fro compliance with the Cost Principles Circulars as noted in 2 CFR §200.400(5)(c). Page 36 of 56 t� (July 2021 • Jime 2022) CCE 203.21 **For Ruiding passed through U.S. Ilealth and Human Services, 45 CFR Part 75; for funding passed through US Department of Education, 34 CM Part 80, STATE FINANCIAL ASSISTANCE, Contractors who receive , fate financial assistance and who are deterni:iit-t. to be a recipient/sub-recipient must comply with the following fiscal laws, rules, and regulations: Sections 215.97 & 215.971, F.S. Chapter 69I-5, F.A.C. State Projects Complir nce Supp;cnient Reference Guide for State Expenditures Other fiscal requirements set forth in piogram laws, rules, and regulations Page 37 of 56 10 (July 202 i June 2022) CCR 203.2 ; ATTACHMENT 11 t' i f (i I t i' I' 2 FUNDING SUMMARY (2021-2022) Note: Title 2 CFR, as revised, and Section 215.97, F.S., require that the information about cderal 1'. , Tanis find State Projects included in Attaclnncut 11, Exhibit 1, be. pa-ovided to the recipient. Information contained herein is a Prediction of fumi I rg sources an ' related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO TIM SUBRECIPIENT PURSUANT TO THIS CON'mAur CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): LFEDERAL AWARD DATE: DUNS NUMBER: 'ROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL, AWARD COMPLIANCI? REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT" TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133 —Audits of States, Local Governments, aid Nan -Profit Organizations 2. STATE RESOURCES AWARDED TO THE' RECIPIENT' PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDI;.RAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97 F.S. PROGRAM. TITLE FUNDING SOURCE CSFA AMOUNT Community Care for the Elderly General Revenue 65.010 $1,000,993.48 TOTAL AWARD $1,000,993.48 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO TI-HS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Sections 215.97 & 215,971, F.S., Chapter 69I-5, F.A,C., State Proj::-.ts Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth h program Lc,- rules, and regulations Pnge 38 of 56� V (July 2021 - June 2022) CCE 203.21 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA 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 Suspension Certification (29 CPR Part 95 Ind 45 Cr; R Pai,t 751 B. Certification Regarding Lobbying (29 CFR Part 93 and 45 CFR Part 93) C, Nondiscrimination & Equal Opportunity Assurance (29 CFR Part 37 and 45 CFR Part 80) D. Certification Regarding Public Eidity Crimes, section 287,133, F.S. E. Association of Community Organizations for Reform Now (ACORN) Funding Restrictions Assurance ,(,Pub. L. 111-117) F. Scrutinized Companies Lists and No Boycott of Israel Certification, section 287.135, F.S. G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Crants, Loans, and Cooperative Agreements H. Verification of Employment Status Certifia-itio 1 I. Records and Documenlntion J. certificallon Rc ntding Inspection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —PRIMARY COVERED TRANSAC'1'I1 )N. The undersigned Contractor certifies, to the best of its knowledge and belief, that it and its pni,, i -:-Is 1. Are not presently debarred, suspended, proposed for de!arment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department of agency; 2. Have not within a three-year period preceding this contract ; ,,n convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obt Jsling, attempting to obtain, or performing a public (Federal, State, or local) trausiction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsifcali m 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 tra, isactions (Federal, State, or local) terminated for cause of default, The undersigned sl ,11 require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, suit -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients and contractors shall provide this certification accordingly. B. CERTIFICATION REGAid)iNG LO 13B XfING •-CERi•IF Ic',1TION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGRBEWIENTS, The undersigned Contractor certifies, to the best of Its knowledge and belief, that No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the mailing of any Federal grant, the staking of any Federal loan, Page 39 of 56 (July 2021 - June 2022) CCE 203.21 tine entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of ally Federal contract, i,rant, loan, or eooperatl,;_ agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing; or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or eniployee 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 ASWRANCT (29 CVR PART 37 ANi1 45 CFR PART 80). -Asa condition of the Contract, Contractor assures that it will comply fully with the nondiscrim1w.tion and equal opportunity provisions of the following laws: 1. Sectio,i 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all Individuals in (he United States a: i the basis of race, color, religion, sex, national orighn, 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 W'. A. Title I -financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80), to the end that, in accoixiatice 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 front participation in, be denied tine benefits of, or be otherwise subjected to discrimination under any program o: activity for which the Applicant receives Federal financial assistance from the Department and Agency. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation of the Departnien(of health and Human Services (45 CFR Part 84), to (lie end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in (lie 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 o activity for which the Applicant , cc�! Ives Federal financial assistance from tine Department and Agency, C 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, accordance with the Act and the Regulation, no person in the United States shall, on (lie basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination wider any program or activity for which (lie Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all regiiirernents imposed by or pursuant to the Regulation of tine Department of Health and Human Services (45 CFR Part 86), to the end that, in accordance with Title 1X 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 (lie Applicant receives Federal financial assistance front the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in al. employment practices including job application procedures, hiring, c, ing, advancement, compensation, training, and other terms, conditions, and privileges of employment it app ies to recruitment, adver(ising, tenure, layoff, leave, fringe benefits, and all other employment -related activities. 7. Contractor also ;issures that it will comply with 29 CFR Part 37 and all other regulations implementing the taws listed above. This assurance applies to l 'ontractor's operation of the NVIA Title I -- financially assisted program or activity, and to all contracts Contractor snakes to carry out the WIA Title I — financially assisted program or activity. ]'age 40 of 56 (July 2021- Juire 2022) CCE 203,21 Contractor tuderstands that DOE -A and the United States stave the right to seek iudicial 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 p)ovide this assurance accordingly. D. CERTIFICATION REGARDNM, PUBLIC ENTITY CRIMES, SECTION 287,133, F.S. Contractor hereby certifies that neither it, nor any person or sffiliate 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 DOEA immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub, L, 111-117). As a condition of the Contract, Contractor assures that it will comply fully with Arse federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. It 1-117). The Continuing Appropriations Act, 2011, Sections lot and t03 (Pub. L. it 1-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. The undersigned shall require that laiwuape of this assurance be included in the documents for all subcontracts at all tiers (iw, h iding subcontracts, sub -grants anti contracts under grants, loans and cooperative agreements) and that all sub - recipients and contractors shall provide this assurance accordingly. F. SClttrrlNIZED L:r»1IIANIES LISTS AND NO BOYCOTT OF ISRAEL CERTIFICATION, SECTION 287.135, F.S. In accordance with section 287.135, M., Contractor hereby certifies that it has not been placed 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 requiw rients of section 287,135, F.S., Contractor hereby certifies that it is not listed oil 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 busi•, . ,; operations in Cuba or Syria. 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 Contactor to civil penalties and attorney fees and costs, including any costs for investigations that led to the finding of false certification. If Contactor is uoAble to certify any of the statements in this certification, Contractor shall attach an explanation to this contract, G. CERTIFICATION REGARDING DATA INTEGRITY Ct)n1PI AANCE FOR CONTIt AUTS, AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS 1. The Contractor and any Subcontractors of services under this contact have financial management systems capable of providing certain information, Including: (1) accurate, current, and complete disclosure of the financial results of each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of fends for all contract supported activities; and (3) Fite 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 g-Ant funds that have not been accounted for pi': '_ . 2. Management Information Systems used by the Contractor, Subcontractors, or any outside entity on whiel} the Contractor is dependent for data that is to be reported, transmitted, or calculated have been assessed anal verified Page 41 of 56 '�y (July 2021 - Jir»o 2022) CCE 203.21 to be capable of processing data accurately, including year -date dependent data. For those systems identified to be noncompliant, Contractors will take immediate action to assure data integrity. 3. If this contract includes the provision of hardware, software, firmware, microcode, or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data t, 1, 1 .o 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. S. 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 Ain emergency, including emergencies arising from data Integrity compliance issues. H, VERIFICATION Or EMPLOYMTNT 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 mired by Cont aoor during the contract terns to perform employment duties pursuant to this contract, and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this contract uti lizc tile, E-verify system to verify the employment eligibility of all new employees !tired by the Subcontractor during the etr r contract term, The Contractor shall require that tine language of this certification be included In at sub -agreements, sub -grants, and other agreement: /contracts and that a!l Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon \,,filch reliance was paced when this contract was trade or entered Into. Subinission of this certification is a prerequisite for making or entering; into this contract imposed by Circulars A-102 and 2 CFR Pa t 200 and 215 (fbt wxrly OMB Circular A-", 10). I, RECORDS AN'l) DOCUMENTATION The Contractor agrees to make available to Agency staff andfor any party designated by the Agency any and all i tot related records and documentation. The Contractor shah: ensure the collection and maintenance of all program related information and documentation oil 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 INSPEC I ION OF PUBLIC ]ZECORDS 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 cominernced as contemplated by section 119.0701(4), F.S., and tine Agency is named in tite civil action, Contractor agrees to indemnify and hold harmless the Agency for any costs incurred by the Agency and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119, F.S., concerning this contract or services performed thereunder. a. Notwithstanding section 119.0701, V.&, or other Florida law, this section is not applicable to contracts executed between tine Agency and state agencies or subdivisions defined in section 768.28(2), F.S. 2. Section 119,01(3), F.S., states if public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or otl•r r organization, all the financial, business, and membership records of such an entity which pertain to the public agency (Florida Depart►inent of Elder Affairs) are public records. Section 119,07, F,S, states that every poison who has custody of such a public record shall permit the record to be inspected and copied by any person desiring to do so, cinder reasonable circumstances. Page 42 of 56 C (July 2021 - June 2022) CCE 203.21 Additimally, I certify this organizatioti does ® does not n provide for institutiotxal memberships. Contractor's signature below attests that records pertain to the dues or mc:ttbership application by the Agency are available for inspection if applicable, as stated above, By execution of this contract, Contractor must include these provisions (A-J) in all related subcoattract agreements (if applicable), By signing below, Contractor certifies that flee representations outlined in parts A through J above are h•ue and correct, Si nature and Title of xutlt4Yize Representative Daniel R Rodriguez ,- Street Address Collier County Board f County Commissioners Naples, FL 34112 Contractor 04 Date City, State, Zip code Approved as to form and legality h Assistant County Attorttcy Page 43 of 56 V (July 2021 - Juno 2022) CCE 203.21 ATTACHMENT IV ASSURANCES--- LION-CONSTRUC'I'lOt•i PROGRAMS Public reporting burden for this collection of information is estimated to average ty-five (45) minutes per response, including time for reviewing instructions, Searching existing data sources, gathering and maintaining the data needed and Completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperlvork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETER 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. I t 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, t. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including :'_,� .!s 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 Ihlited States, and if appropriate, the state, th ough any authorized relnr iirative, 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. \s: ill establish safeguards to prohibi, employees from .ising their positions for a purpose at 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 rfler receipt of approval of file awarding agency. S. Wi"I comply with the Intergovernmental Personnel Act of 1970 (42 U., .C. §§ 4728-4763) relating to prescribed standards for merit systems for programs Raided under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CZR, 900, Subpart I'). 6. Will comply with all federal statutes relating to nondisc: imination. 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 lmsi>; of sex; (c) Section 504 of the Rehabilitation Act of 1973, as anal or,' (29 U.S.C. § 794), which prohibits discrimination oil the basis of handicaps; (d) the Age Discrimination Act of 1975, as amelided (42 U.S.C. §§ 6101-6107), which prohibits dis_:rinlinatlon on the basis of age; (6 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 VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions ill the specific statute(s) under which application for federal assistance is being made; and 6) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.I_ 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 <<).- project purposes regardless of federal l �: irticipation in purchases. Page 44 of 56 (July 2021 - June 2022) CCE 203.21 8. Will comply, as applicable, with (lie provisions of the Hatch Act (5 U.S.C. §§ 1501.1508 and §§ 7324-7328), which limit the politics; activities of employees whose principal employment activities are funded in whole or in part wit k federal funds. 9. Will comply, as C plicable, with the ,,r,;, i:,ions of iiie Davis -Bacon Act (40 U.S.C, % 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally assisted construction sub -contracts. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000,00 or more, 11, ``.'III comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environs icn(,d quality control measures under the National Environmental Policy Act of 1969 (PI, 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990, (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of pro.iect consistency with the approved State management program developed under (lie Coastal Zone Management Act of 1972,16 U.S.C. § 1451 et seq,), (f) conformity of federal actions to State (Clear Ali,) implementation Plans under Section 176(c) of the Clear A it 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 potenti :l components of the national wild and scenic rivers system. 13. Will assist 11,e awarding agency in assuring compliance with Section 106 of the National I i'storic Preservation Act of t966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-I et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Anima: Welfare Act of '966 (P.L. 89-544, as amended, 7 U.S.C. § 2131 ut seq.) pertaining to the care, handling, and treatment of w:,r ..i 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 (lie use of lead based paint in construction or rehabilitation of residence ,11 .rctures, 17, Will cause to be performed [lie requii (d financial and compliance audii • in accordance with , I,,. Single A, fin .. `.: . Amendments of 1996 and 2 CFR Part 200. I& Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. SIGNAI'URR OF AUTHOt1 iZED (.FRTII-'YING OFFICIAL I TITLE APPLICANT ORGA DATE SUBMITTED Approved as to form and legality Page 45 of 56 J Ass strrrnt County Att,ru�v -- (July 202I -.little 2022) ATTACHMENT V FLORIDA DEPARTMENT OT ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CIIECKLIST CCE 203,21 PrograuJFacility Name County Or Address Completed By -- City, State, Zip Datc Telephone PART I! READ THK ATTACHED I Y1 !t t CTIONS FOR ILLUS INW11 VE INYU1tMA"YMN NYL-11Ull WILL t1LLr L uu t;V1V1r1,L' 11: THIS TORA•I, 1, Briefly describe the geographic area served by the program/facility and the type ofservice provided: For questions 2-5 please indicate tier foil 2. Population of area served 3. Staff currently employed d. Clients currently enroll�:I:'rceistcred S. Advisory/Governing Board If applicable ow Totaling: V111"itc % Black °/a IIispa:10 % Other % Female. 0/0 Disabled % Over :+i Source of data: Effective dnte: Effective date: PART II: USE A SEPARATE SHEET OF PAI'l;lt FOR ANY EXPLANATIONS RE,QUI RING MOil C SPACE, III` N/A or NO, EXPLAIN. 5, Is an Assurance of Compliance on file with DOEA? N/A YES NO ❑ ❑ ❑ 7, Cf umpare the staff composition to the population. Is staff representative of the population? S, Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion, or disability? 9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national,origin, religion, or disability? N/A YTS Nin ❑ ❑ ❑ N/A YES NO ❑ 10, For in -patient services, are room assignments made without regard to race, color, national origin or disability? N/A YES NO ❑ ❑ ❑ 11, Is the program/facliity accessible to non-English speaking clients? 12. Are employees, applicants at,r: participa I informed of tllcir protection against discrimination? If YFS, haw? Verbal ❑ Written ❑ Poster ❑ N/A YES NO ❑ ❑ ❑ N/A YES NO ❑ ❑ ❑ Page 46 of 56 C (Jnly 2021 - June 2022) CCG 203,21 13.Give the number and current status of an.; discrimination complahts regarding services or employment ric,i N/A NUMBER against the program/facilily, ❑ 14. Is the prograin/facility p1wsically accessible to mobility, hearing, and sight-impai: r,, individuals? N/A YES PART 111: THE FOLLOWING QIMSTIONS APPLY TO PROGRAMS AND TAB : CITIES 11'ITII 15 ! ); t NIOR1: ENIPLI ;' I' i , IL,` 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? ❑ El 16. Is there an established grievance procedure that incorporates due process in the resolution of conlplai;iis? YES NO El 0 17. Has a person been designated to co .t (Jnate Section 504 compliance eel , ities? YES NO 11 El 18.Dorecruitment and notiiicationmaterials advise:.ppii.;ants,employees, and))mi0pants of nondiscriminationon YES NO the basis of disability? ❑ El 19. Are auxiliary aids available to ensure accessibility of services to hearing and sight -impaired individuals? YES NO -� n ❑ PART IV: FOR PItOGRAiSIS OR ri%CILiTIES WITH 50 OR NIORMIPLOYEES AND PEDEItAL CON'I'IIAC'i'S Or SS0,000.a0 OR \MORE;. 20. Do you have a written affirmative action plan? If NO, explain. YES NO n ❑ Reviewe In Compliance: YES NO* Program Office *Notice of Corrective Action Sent / 1 Date 'Telephone - Response Due / / On -Site Desk Review Response Received Page 47 of 56 (Judy 2021 - June 2022) CCL 203.21 ATTACHMENT V INSTRUCTIONS TOIL 't'i I, CIVIL RIGHTS COII4PLIANCE CHECKLIST 1, Describe the geographic service area such as a district, county, city, or other locality, If the program/facility serves a speciftc 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 1.•.;1;ell 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 you, population statistics, ("Other" races include Asian/Pacific Islanders and American Indian/Alasican Natives.) 3. Enter tine total number of full-time staff and their percent by race, sex, disability, and :. er the age of 40. Include the effective date ofyour 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 1 I,.t. enrollment was counted, a, Where �iiere is a significant variation bet,.vr -t-n the race, sex, or ethnic composition of the clients and their availability in the population, t(re program/facility has the responsibility to tc i.jne the reasons for such variation and take whatever action may be nee ,:,<<r, 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, disabiL_ ,, 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 rave oil file an assurance that tine 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 DOEA Recipients and their Sub -grantees, 45 CFR § 80.4(a), 7, Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of file population is Hispanic, is there a comparable percentage of Hispanic staff? 8. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied .)i:t were denied services or employment. 45 CFR § 80.3(a) and 45 CFR § 80.1. 9. ipants or clients must be provided services such as medical, nursing, and dental care, laboratory services, physical and 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 roust be assigned to ,onis, wards, etc,, without regard to race, color, national origin, or disability. Also, residents roust 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 (if lion -English speaking people live, progroln accessibility may include the employment of H ilingual staff, In other areas, it is sufficient t;, have a policy or plan for service, such as a current list ofnar,c<, and telephone numbers of bilingual individuals who will assist in the provisi')n of services, 45 CFR § 80.3(a), 12, Programs/facilities must make information regarding the nondkriminatory provisions of Title VI available to their participants, beneficiaries, or any other i-rterested p ii t es. 45 CFR § 80.6(d). This should include information on their right to file a complaint of discrimination with either tl,e Agency or the U.S. Department of Health and Human Services. The information may be supplied verbally or ill wi'ting to every individual or may be supplied thubugh rho use of an equal opportunity policy poster displayed in a public area of the facility, 13. Report number of discrimination complaints filed against the progranr/facility. indicate the basis (a.g, race, color, creed, sex, age, national origin, disability, and/or retaliation) and the issues involved (e.g services or employment, placement, Page 48 of 56 (duly 2021- dune 2022) CCR 203.21 termination, etc.). Indicate the civil riglits law or policy alleged to have been violated along with the name and address of the local, state, or federal agency with whom the complaint has been filed. Indicate the current status of the complaint (e.g. f:ettled, no reasonable cause found, fi!lure to conciliate, fai�tire to cooperate, under review, etc.), 14. The program/facility must be physically accessible to mobility, hearing, and sight -impaired indi iduals. 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, restroonrs, recreation areas, counters, and serving lines should be observed for accessibility. Elevators should be observed for door width and Braille or raised numbers. Switclic.,, and controls for light, heat, ventilation, fire alarms, and other essentials should be Installed at an appropriate height for mobility impaired individuals. 15. 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, tivith the assistance of disabled individual(s)/organization(s), current policies and practices 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 policies and practices; and d. Maintain self -evaluation on file, including a lis+ of the interested persons consulted, a description of areas examined, and any problems identified, and a description of any modifications trade and of any remedial steps taken 45 CFR § 84.6. (This checklist may be used to satisfy this requirement if these four steps have been fohowed). 16. Programs or facilities that employ 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibiter! by Part 84 of Title 45, CFR45 CFR § 84.7(b), 17. 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). 18. Programs or facilities that employ 15 or more persons shall take appropriate initial and continuing steps to notify participants, bcncticiarics, applicants, and employees that the program/facility does not di.�crlminate oil the basis of handicap !n violation of Section 504 and Part 84 of Title 45, CFR. Methods of initial and continuing notiIieation tray include the posting of notices, publiention 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), 19. Programs or facilities that employ 15 or more persons shall provide appropriate auxil aids to persons with impaired sensory, manual, or speaking skills where necessary to afford such persons an equal . pportunity to benefit from the service in question, Auxiliary aids may i-wlude, but are not limited to, brailed and taped materials, inter l,reters, and other aids for persons with impaired hearing or vision, 45 CFR § 84.52(r , i 20. Programs or facilities w'itll 50 or more employees a'�:i $50,000.00 in federal contracts must develop, impleutent, and maintain a written affirmative action compliance program in accordance with Exeoutive Order 11246, 4 t CFR Part 60 and Title VI of the Civil Rights Act of 1964, as amended. Page 49 of 56 4� Vl Cr1 � t C O $a 4 a) C 0 z a t� m c c u°i U 0 � o O c O T CL � 3 a vv W A t'_ a c n a� a. �E t Z. c La Q u a �k m c O U %b kA 0 (July 2021 - ,time 2022) Deportmont or ELDER A.FF.1IIRS S'rA'i'ls Or PI.t?}i1DA BACKGROUND SCRIP ENING BACKGROUNDSCREENING Attestation of Compliance -Employer AUTHORITY; Thls forut is required annually of all employers to Comply with the attestation requirements set forth in see(lon 435.05(3), Florida Statutes. CCC 203.21 Rots DeSnut}s Cove 0lor Richard Printout Serreta)), )' The terns "employer" nicans any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on AgingfAging and Disability Resource Centers, Lead Ageneies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs (DORA), and any other person or entity which hires employees ar has volunteers in service who meet the definition of a direct service provider. See §§ 435.02, 430.0402, Fla. Staff. Y A direct service provider is "a person 18 ycars of age or older who, pursuant to a program to provide services to (lie elderly, hus direct, face-to-face contact with a Client W11'. providing services to (lie client and has access to the nhont's living area, Rinds, personal property, or personal identification information as defined in s. 817,568. The terns includes coordinators, managers, and supervisors of residential facilities and voluntt •v ." § 434.0402(1)(b), Fla.Stat, ATTESTATION: As the duly awho ri..c.! representative of located at Sfreet Address Rrltp10yel' Name Cif), Stale ZIP code 1, — do hereby affirm under penalty of Name of Representative perjury that the above -named employer is ill COtnpli811CC With the prOvlslODS of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Sigltafure of Representative Date DOxX l%orm e35, . tiestatiott r}f'Con+pllonce - Eitipfoyer; Rffeelfre Jramimy 19, 2021 F,S 1'orvrr n,allnl�le rrC Ir1t rJlp e]�ler-a(lr+trs.store„(jt�slg�g��ltl{r�kgi•oundseteentrrg,�lr�r Secllon 435,0513J, Page 51 of 56 011 ly 2021 - Ju►ie 2022) ATTACHMENT ViII ANNUAL BUDGET SUMMARY CC,E; Collier County Board of County C.'onfiss,ionets 1. CCr.Services Allocation $1,000,993,48 Total $1,000,993,48 CCL 203.21 Page 52 of 56 (July 2021 - fume 2022) ATTACHMENT IX IN'VOICC REPORT SCHF D i i i Report Nu11111 1 Based On 1 July Advance* 2 August Advance* 3 July Invoice 4 August Invoice S September Invoice 6 October Invoice 7 November Invoice 8 December Invoice 9 January Invoice 1 t) February Invoice I l March Invoice 12 April Invoice 13 May Invoice 14 June Invoice 15 Final Invoice Legend: * Advance based on p, ojected cash need. CCE 203,21 Submit to Agri), oil This Date July I July 1 August 11 September 11 October 11 November 11 December 11 January 11 February 11 March 11 April 11 May 11 JtutE 11 j1dy 11 July 25 Note# I: Report #1 for Advance Basis Agreements cannot be submitted to the Area Agency Aging for Southwest Florida, Inc, prior to July I or until the agreement with the Agency has been executed and a copy sent to Area Agency Aging for Southwest Florida, Inc.. Actual submission of the vouchers to Agency is dependent on the accuracy of the expenditure report. Note ft 2: Report numbers 5 through 14 shall reflect an adjustment of at least one -tenth of the total advan,, c amount, on each of the reports, repaying advances issued the first two months of the agreement. The adjustment shall be recorded In Part C, I of the , < port Note ff3: Submission of expenditure report: may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency, payment is to accompany the report. Page 53 of 56 (July 2021 - June 2022) ATTACHMENT X REQUEST FOR PAYMENT COMMUNITY CARE FOR THE ELDERLY CCE 203,21 RECIPIENT NAME, ADDRESS, PHONE# and FEID9 TYPE OF PAYMENT: Refuter Advance contract it Contract Period Report Period Report11 Invoice 0 PSA CERTIFICATION: I hereby ceritly to the best of my knowledge that this request or refund conlarms vbih the Terms and the purposes of the above ccnlract. Prepared by: Dale: Approved by- _ hate; PARTA: BUDOETSUMMARY 1. Approved Contract Amount 2. Previous Funds Received forCoatracl Period 3. Contract Balance (Yne 1 minus tine 2) 4. Previous Funds Requested and Not Recolved for Contract Period 5. CONTRACT BALANCE pino a minus lino 4) CCEAdmin. $ $ l).00 0.00 CCE Services $_ _ $ 10�' O.n; $--- $ TOTAL Q 119 0 $ 0.00 $ _ 0.0; $ 4_f-: $ 0.0; $ —_o,Q_ $ 0.00 $ $ 0 00 $ PART B: CONTRACT FUNDS REQUEST 1. Anticipated Cash Need (1st - 2nd months) 2. Not Expenditures For Month (DOER Form 105C, Part B, Hne 4) 3. TOTAL PARTC: NET FUNDS REQUESTED 1. Less Advance Applied 2. TOTAL FUNDS REQUESTED {Part 8 Line 3, minus Part C Line f S. 0, $ S S 0,00 $ 0.00 S 0_ $ 0.0 $ 4,44 S o $ 0.00 $ a.o $ 0. $_ _.Q 00 $ o $_0.91 List of Services f :is/ Rates provided -flea altachad report. DOEA FORM 106C Revised 00r08M Page 54 of 56 (July 2021 -June 2022) ATTACHMENT M REGEIP'I' AND EXPENDITURE REPORT PROVIDER NAME, ADDRESS, PHONE f# and FEIDN Contract # Contract Period Report Period Report # Invoice # CER-r 11 �TION : I cerllfy to the best of my knowledge and belief that the report Is complete and correct and all outlays Program Funding CCE Admin. CCE Services_ PSA GCE 203,21 herein are for purposes set forth In the contract. Prepared by; LWO ; Approved by: pate PART A : BUDGETED INCOME f RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4, Percent of Budget For This Report Year to Date Approved Budge $0.00 $0,00 11DIV/01 1, State Funds $0.00 2 Program Income $0.00 $0.00 $0.00 #DIV/01 3. Local Cash Match $0.00 $0.00 $0.00 11DIV101 4, SUBTOTAL: CASH RECEIPTS 5. Local In -Kind Match 6, TOTAL RECEIPTS PART B : EXPENDITURES 1. Administrative Services 2, Service Subcontractor(a) 3. Adult Protective Services 4. TOTAL EXPENDITURES $o. oo 1 $0.00 1 $0.00 1 #DIV/01 1. Approved 2. Expenditures 3, Expenditures Budget I For This Report Year to Date $0.00 $0.00I $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PART C : OTHER RFVENUE AND EXPENDITURES II. Interest: I, Program Income (PI) 1. Earned on GR Advance $ 1. CCE: PI Collected YTD $ 2. Return of GR Advance $_ (includes fees collected) 3. Other Earned $, PART D : CO -PAYMENTS 1. Total of Co -payments assessed 2. Total of Co -payments collected (For Tracking Purpose only) DOEAPORM 106C Rodmd 00110110 CURRENT MONTH YEAR -TO- 4. Percent of Approved Budget #DIV#0I 11DIV/01 #DIV/01 #DIV/01 III, Advance Recouped Page 55 of 56 F (July 2021- Jime 2022) ATTACHMENT X1 t SERVICE RATE REPORT CCE 203,21 SERVICE FY 21/22 REIMBURSEMENT UNIT RATE METHOD OF PAYMENT UNIT TYPE ADULT DAYCARE $14.09 Fixed Fee/Unit Rate HOURS CASE AIDE $30.50 Fixers Fee/Unit Rate HOURS CASE MANAGEMENT $54.00 Fixed Fee/Unit Rate HOURS CHORE $21,77 Fixed Fee/Unit Rate HOURS CHORE (ENHANCED) $36.00 $21.00 Fixed FeelUnitRate Fixed Fee/Unit Rate HOURS HOURS COMPANIONSHIP EMERGENCY ALERT RESPONSE $1.35 Fixed Fee/Unit Bate DAYS HOME DELIVERED MEALS $7.00 Fixed Fee/Unit Rate MEALS HOMEMAKER $25.44 Fixed Fee/Unit Rate HOURS HOUSING IMPROVEMENT Cost Reimbursement Cost Reimbursement EPISODE OTHER SERVICES Cost Reimbursement Cost Reimbursement EPISODE MATERIAL AID Cost Reimbursement Cost Reimbursement EPISODE PERSONAL CARE $25.44 Fixed Fee/Unit Rate HOURS PEST CONTROL (INITIATION) $150.00 $50.00 Fixed Fee/Unit Rate Fixed Fee/Unit Rate HOURS HOURS PEST CONTROL (MAINTENANCE) RESPITE IN - FACILITY $10,29 Fixed Fee/Unit Rate HOURS REPITE IN - HOME $25.44 Fixed Fee/Unit Rate HOURS SHOPPING ASSISTANCE $34.12 Fixed Fee/Unit Rate ONE-WAY TRIP SKILLED NURSING SERVICES $40.26 Fixed Fee/Unit Rate HOURS SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE TELEPHONE REASSURANCE $13,40 Fixed Fee/Unit Rate EPISODE TRANSPORTATION Cast Reimbursement I Cost Reimbursement TRIPS Page 56 of 56 Revised August 2007 Attestation Statcmt 11 i Agreement/Contract Number CCE 203.21 Amendment Number NIA I, Daoiel R Rodriguez , attest that no changes or revisions 1. ive been made to the (Recipient/(butractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and Collier County Board of County Commissioners (RecipientlContractor name) The !!!!ly exception to this statement would be for changes in page formatting, Clue to the differences in electronic data processing media, which has no affect on the agreement/contract content. 07/ i2021 Signature of {twpient Cimtraetav representative Date Approved as to form and legality Assistant County AtIomey Revised August 2007 juIy 2021 -.line+2022) AREA AGENCY ON AGING FOR SC)UTH r,.ST FLORIDA, INC. ADI 203.21 ALZHKIME1118 DISEASE INITIATIVE PROGRAM STANDARD CONTRACT COLLIER COUNTY BOARD OF COUNTY COMMISSION ERS THIS CONTRA CT is etltered into between the Area Agency oil Aging for Southwest Florida, ills, (Agency) and Collier Coutlty Soared oi' Coun(y Commissioners (Contraclor), collectively referred to as the "Parties." The terns Contractor for (Ills purpose may designato a Vendor, Subgranlea, or Subreciplent, WITNESSETH THAT: WHTRE,AS, the Agency has delermfned that It N tit need ofcuria in services as described hercltl; and WHEREAS, the Contractor has demonstrated that it has #Ile requisi#e expertise and ability to faithfully perform such services as an independent Contractor of (lie Agency. NOW THEREFORE, FORE, its consideration of the services to be perforated and payments to be made, togethor with the mutual covellallls and condiliotls set forth hereill, (he Pill -tics agree its follows; 1. Pul-pose ofCo11#t,Actc The purposeof this contract is to provide services ill a ccordaulce with [lie tcries and conditions specified in this contract including all attachments, forces, and exhibits which conslitule the contract document. 2. Incoi-povatlau of DocunlenIs Stull tine Con Wile t;_ The Contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals and/or desk books, as all integral part of the contract, except to the extent that the contract explicitly provides to the contrary, In the event of conflict in Iaaguage among any of the documents referenced above, tho specific provisions and requlrements of Ilse colltl'm doculuent(s) Shall prevail over inconsistent provisions In Ilse proposa€(s) of other general Ittaterials not specific to this Contract document and identified ratlaCllille[l[3. 3, Tei-m of Coil Ira c t: This colntracl shall begin at twelve (12:00) A.M,, Eastern Standard Time .lisle 1, 2021 or oil [lie (late the contralti has been signed by the last par(y rcr[tiil'cd to sigh iI, ►vhicllever is later. It shall end at eleven f i fly�nine (1 1:59) P.M., F3aste1'11 Standard Time Julia 30, 2022. 4. Confi•aet Amount, 'l lie Agency agrees to pay for contracted services according to the terms and conditlons of this contract in till a[nlount not to exceed $504,968.54, subject to the availability of funds. Any costs or sorviccs paid for under any other contract ❑r front any other source are slot eligible for payment tinder Ellis contract. S. Renewals: By mutual agreenlenl Of the Parties, In accordance, with Section 287,055(1)(g), Floridan Statutes (KS.), file Agency may renew the contract for a period not to exceed [€tree years, or the lerm of the original contract, whichever is longer, The renewal price, or nlelhod for detcrrilinIng a reltown I price, is set forth ill the 1)1d, proposal, or reply. No other costs foe• the renewal may be charged. Any renewal is subject to the saline terms and conditions its the original contract and contingent upon satisfnclory performance evaluatian% by the Agency and [lie avaiIab11ity of funds, G, Colupliattee►i,it111led_ei-snlLa)v,_ 6.1 If this contract contains federal fiends this section shall apply, 6.1.1 The Contractor shall comply will, the provisions of ray Code of 1-ederal Regulations (CFR) Part 75 and/or 45 CPR fart 92, 2 CFR Part 200, and other. applicable regulations. 6,1.2 If [Isis contract contains federal funds nild is Over $100,000,00, the Contractor shall comply with all applicable standards, orders, or regulati❑ns Issued kinder Section 306 of the Clean Air Act its amended (42 United States Code (U.S.C.) § 7401, et sey.}, Section 508 of (lie Federal Watley Pollution Control Act as amended (33 U.S.C. § 1251, et seq.), Bxccufive Orden 11738, as amended, and, where applicable, Envirornlllelntal Protection Agency regulations 2 CFR I'ad 1500, The Contractor shall report ally violations of (lie above to the Agency. 6.1.3 Neither the Contractor 11Or oily agent aclillg an bellaf f of the Call#ractar play tone ashy fe(leral foods l�ceivecl in connucl[on wiIll this coil tract to influence legislation or appropriations [lending before Congress or any state legislature. The Contractor must complete all disclosure forms m required, specifically the C'No 1 of 63 :July 202J - June 2022) ADJ 203.21 Cerfifrcatlon and Assurances Attachment, which must be completed and relurned to the Contract Marnager prior to (lie execution of this c;onu'act, 6.1.4 In accordance with Appendix H to 2 CF'R Part 200, (lie Contractor shall comply Willi BXecti ive Order- 1 1246, Equal Employment Opportonity, as amended by I:xecuti►'e Order 11375 aric] others, and as supplcnictiled Ili Depart inettl of Labor regoIaIions 41 CFR Port 60 and in Department of Flculth and Human Services regulations 45 CFR Part 92, if applicable, 6.1.5 A contract award ►vith an amount oxpected to cqua] or exceed $25,000.00 and certain other con lralct awards will not be made to parties listed oil (lie govcrnmcnt-wide Fxcluded Parties List System, ill act orciance with llic Office of Management and Budget (OMB) guidelines at 2 CFR Part 180 that )inplement Exeenllve Orders 12549 and 12689, "Debarment alid Stlsponsion." The Rxcluded Panics List Syslcrn contains the names of parties debarred, suspended, or otherwise excluded by argencfes, as well as parties declared ineligible under Matutary or regulatory authority other than taxectrtive Dreier 12549. 'fhc Contractor shall comply with these provisions before doing business or entering into subcontracts receiving Moral funds pursuant to this contract. The Conlraclor sliall complete and sign the Certifications and Asstn•aium Attachment prior to the execution of Ihis contract. 6.2 The Contractor shall not employ an unauthorized alien. The Agency will consider (lye employment of unauthorized aliclis a violation of lire Immigration and Nalionality Act (8 U.S.C. § 1324a) and tole lintnigration Reform and Control Act of 1986 (8 U.S.C. § I101). Such violat!oil ►vil) be mitlse for unilaterol cancellation of this contract by the Agency. 6.3 1f Ilie. Contractor is a noti-prof it provider and is subject to Iritcl•nal Revenue Service (IRS) tax exempt ❑rganintion reporting requiremen(s {Filing a Form 990 or Form 990-N), rind has Its tax exemlri status revoked for failing to comply NA III the fi I ing rcqu irements of the Pension Protection Act of 2006 or for trriy other reason, [lie Contractor Hurst notify [lie Agency In writing With Ili thirty (30) days of receiving (lie IRS notice of revocation. 6.4 The Contractor shall comply wish Title 2 CFR Part 175 rcgairditig Trafficking ill Pcrsons. 6,5 Unless exempt under 2 CFR § 170.110(b), Ilse Contractor• shall comply ►vilh Ilse reporting requirements of tiie Transparency Act as expressed 'in 2 CFR fart 170. 6.6 To comply %Hill Presidential Executive Orcler 12989, as amended, and Slate of Florida Executive Order Number 1 t-116, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system Io verify the employment of all new employees hired by Contractor clan brig the contracE term. Contractor shall includo in related subeontracts a requirement that Subcontractors perfarming work or providing services pursualtl to the state contract utiIin Ilie E-verify syslem to verity employmunt of all new employees Hired by the Subcontrficlordur•ing the contract term. Contraclors meeting the tennis alid ccsnditioris of the E-Verify Systelii are deemed to bein compliance Willi this provision. 7, Cnninlineice with State J,fiw: 11 This contract is executed and entered into in the State of Florida, slid shall be construed, performed, and enforced 1n it]I respects in accordance with Flor'idn law, inaludilig Florida provisions for conflict of laws. 7.2 If this conlralct contains state firianeial aissistance funds, Ilie Contraietor sliall comply whit Section 215.97, F.S„ and Section 215,971, F.S., and expenditures most be in compliance with laws, roles, and rcguiations including, bill not Iim1led to, (lie Reference Cuide for State 1:xpandi(ures. 7.3 The Contractor shall Comply with tlae regtlirenients of Section 287.058, RS., as amcnciccl. 7.3.I The Contractor shall perform all tasks contained in Attachment 1. 7.3.2 The Conlraclor shall provide units of deliverables, including reports, findings, aiid drafts, as specified in Attachment t, to he received and aicceptcd by file Agency Contract Manager prior to payliient, 7.13 The Contractor shall comply Nvith the criteria and final (Into by which such criteria must be Met far cornpleLion of this contract ass specified in Attachment 1, Section ill. Method of Payment. 7.3.4 The Conlractor shall submit bills for fees or other coinpensa(ion for services or exi)criscs in sit fliclr.nt (fell11 for a proper pm-atidit and post -audit. 0 'j 2 of 63 ,laxly 2021 - Jim 2022) ADI 203.21 7,3,5 1f itemi7ed payment for [ravel expenses is perillit( ed ill this CON ract, Ills Contractor shall sub)niI involcos for any Iravel expenses in accordance with Seel ioil 112.061, F,s., or at stloh lower rates as may be provided in this contract. 7.3.6 The Contractor shall allo►v public access to all docmncnis, papers, letters, or other public records as defined in Section 1 19.01 1(12), r.S., made or received by €ile Contr'aetor in conjunction With this Contract except for those records which are made confidential or exempt by law. '1'he Contractor's refusfll to comply ►vit11 this provision ►►rill constitute nn immediate brotich of contract for which the Agency may unilaterally Eel -ill inate this contract. 7.,I If clients are to be transported Under this contract, the Contractor shall comply with the provisions of Chapter 427, F.S., mid 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 ►vitl) the provisions of Section 11.002, F.S., and Section 216.347, f .5., which prohibit the expenditure of contract 1linds for the purpose of iobbyle)g the legislature, judicial branch or a Slate agency. 7.7 The Agency may, at i€s option, tornlinatc tile, Conirtict if ale Comractor is fomid to have submitted a false certification as provided udder Section 287.135(1), F.S., l)as been placed on tile Scrildnized Companies with Activities in the Iran Petroleum Bnergy Sector List, the Scrutinized Companies with Activities ill Sudall List, or the Scl'utitlixed Companies that Boycott isracl List, or if the Contractor llas been engaged ia) bushless opertltiolls in Cuba or Syria} or is engaged in a boycott of Israel. 8, Background Semenille: The Contractor shall cnsum. that the requiruniunis of Section 430.0402 and Chapter 435, F.S., as amendod, arc rout regarding background screening for all persons who iuect tie definition of a) direct service provider and ► ho tire, nut exempt from the Agency's level 2 background screening pursuant to Sections 410.0402(2)-(3), F.S, The Contractor must also comply with any applicable ruics promulgated by the Agency and the Agency for Hcallh Care Administration regarding implerllcnlation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision, Contractor shrill submit the Background Screening Affidavit of Complinnue (Screening Forl))) to the Agency within thirty (30) days of execution of lilis contract. Should (i)e Agency have a conapleled Screening Forn) on file for the Contractor, a tie►►' Screening Form will be required every twelve (12) monlhs. 8.1 Further Information concerning the procedures for background screening may be found al hitp;llelderaf airs.sia c fi.atsld lL�.a bask' •uanlLtscrcenin'. 11p. 9. C.rlcv1111cc Procedures: The Contractor shall develop, ituplcrllct)t, acid ensure that its Subcontractors have, established grievance procedUres to process and resolve client dissatisfaction with, or denial ol, service(s) and to address colnplaillts regarding the termination, suspension or reductioll of services, as required far receipt of fiends. These procedures, at n ininin)um, will provide for notice of tile grievance procedure and an opportiutity for review of ttie SUbcontr'actor's detcrnlination(s). 10. Pitbltc Rr:cor(is tt))d Reteittioit; 10.1 By execul1011 of 111i4 contract, Contractor agrees to all l)t'ovisionS of Chaaptcl' 119, F.S., and ally other applicable law, and shall: 14,1.1 Keep and maainittin public records required by the Af;er)cy to perform the contracted services. 10,1.2 Upon request from the Agency's custodian of public records, provide [lie Agency a copy of the reglrested records or allow the records to be inspected or copied within to reasonable little tit a cost plat sloes not exceed the cost provided in Chapter 119, I .S., or as otherwise provided by iaw. 10.1.3 l3nsura that public records that are exempt, or corltiderllial and cxelnpt, from ptlblic records disclosure requirements arc not disclosed except as aatlhorizcd by law for the duraition of the contract terns and follo►vingcompletion of the contract if imc Contractor does not lratnsCer the records to the Agency. 10.1.4 Upon completion of the coat,•acl, the Corlir•actor will either transfer, at no cost to the Agency, all public records in possession of 111e Contractor to the Agency or will keep and maintain public records required by the Agency. if the Contractor transfers fall public records to the Agency upol) compleliolt of the contract, Corltractorshall destroy ally duplicate public records that aarecxeaupi, o1' conf idelvial and exeulpl, 3 of 63 thily 2021- hine 2022) AD1203-21 front public records d15clasurc rCgIIIren1e111S. It' IIle CoIIIracIal' keels and ItlailatniIIS pllbliC I'cCnr'CIS ulM11 Completion of the contract, illc Contractor shall meet all aipplicablc requil•clueltls fol' relaaininb public records. All records stored elect ronicl;lly nnlst be provided to Iho Agcncy in a formal dial is compatible ivi Ill €hc information technology systems of the Agency. 10.2 The Agency may unllaterally cancel this contaacl, notwithslalid [jig any other provisions of this contract, for refusal by the Contractor to comply with Seel! all 10 of t#lis contract by not allowing public access to all documents,palpers, letters, or other material matte or received by the Contractor In conjunction with this contract, unless the records are exempl, or eonftderltial and excllllll, from Section 24(a) of Article I of the Strike Constitution and Section 119.07(1), F.S. IF THE CONTRACTOR IIAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO '1hn CONTRACTOR'S DUTY TO I'RC)Vlllr PURLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE, CUSTODIAN OF PUBLIC RECORDS AT; Public Records Coordinator Area Agency un Aging for Southwest FloVidia, tar. 2830 Winkler Avenue, Suite 112 Fort Myers, FL 33916 239-652-6900 10.3 upoll terill inat !Oil of this contract, whalllcl' for Convenience or for cause as [totalled In section 53 of this contract, the Contractor and S1lbount'acto]s shall, at no cost to the Agency, Iralisfor al put)1'se records in their possession to the Agency and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure I'equirements. All records stored electronically shall be provided to the Agency in a format that is compatible with (lie information, teciulology systoms of the Agency. It. Aal[liIs, Ills 3ee(tons Illvestf =ntlolas: 11.1 The Con(raaclor shall estabiish and maintain books, records, and docunlellls (ilie] t1ding electronic storage medial) sufficient to reflect all assets, obligations, unobligatcd balances, income, interest, anti expenditures ❑f' funds provided by the Agency under Ibis conta'aact. Conlractor shall adccluaately safeguard all such assets anti ellsurc that Ihey are used solely for [lie purposes atlthori7.ed under this contract, Whenever appropriate, financial information should be related to performance anti unit cost data. 11.2 The Contractor shall retain and maintain rill client 1•ecor'ds, financial records, supporting documents, statistical records, and any other documents (including aicCtrollic storage nledla) pea•lillent to this Contract 1'01' a period of six (6) years rafter completion of the coals -net, or lcinger when 1' quircd by law. In the event all audit is required by this contract, records shall be retailied for a ill ialinlum pariod ofsix (6) years afler• the audit report is issued Or until resollo Ion of ally audit 11lid inpp or Iitigation based oil II1e leans of ill is coIll 11,10t, at Ito add itionaal cost to the Agency. 11.3 Upon demand, at 110 additional cost to the Agency, the Contractor shall farciIitwo (lie duplication and transfer of any records or documents ebbing Isle required relention period. 11.4 The Contractor shall ensure that tile records described in this section will be subject at all reasonable times to inspeotion, review, copying, or audit by federal, state, or other personnel duly awhorized by the Agency. 11.5 At all reasonable tinlos for as long aas records 01•e nlainlained, persons duly authorized by tine Agency and federal auditors, pursuant to 45 CM Part 75, shall lac allowed full access to and the right to cxalnille any of the Contractor's contracts and related records and documents pertimmil to this specific cOntl'act, regardless of the form in which kept. 11.6 The Contractor shall provide a financial load C.omp1'sance AudII to the Agency as spoci fled 1n this contract and ensure t}loaf all related Ihirc€-party transactions are disclosed to the audltor. 11.7 Contractor agrees to conyliy with the Inspector General in any 1nve,stigatIoil, mid it, inspection, roview, or het,0l)g perfol•Ined pursuant to Section 20.055, F.S. C:ontraaclor further agrees that it shall include in related subcontracls a recluirelnent that subcontractors performing work or providing scrvlccs pill:suant 10 this contract agree to cooperale xvilli tile, Inspector General in any investigation, audit, inspection, review, or hearing pul:suarll 10 0 4Y 4 Of 63 July 2021 - June 2022) AM 203.21 Section 20.055(5), F.S. By esecutian of 1111s contract lice Contractor understands and will comply with this subsee ion. 11.8 111 accordance 1011 I xcoutive Order 20- 1il which reetuirus executive agoncics to submit a list of elltitioi named Ili statute ►vi(h which I state agellc)r In list font] a Sole-solti—ce, pliblic-private agreement or al) cnlity that, through Contract or other agreament with the slate, atlllually receives 50% of more of their budget froin tile State or from it Combination of State and Federal funds. Any Contractor that meals one or Doti) of (he criteria IIsled must- all annual report, including Ilia most recent IRS Form 990, detailing Il)e total canlperlsation For the entities' exeetltive leadership teams wiI]11n thirly (30) clays of execul Ioil of Ihis eonti ol, 11.8.1 `I'11c reporl mils( include IotaI compoll sation inoIudingsnInly, bonuses, caslled- in 1anvc, cash eelllivak;lit s, severable pay, retirement hcllcf(ts, deferred compensil ion, real -properly gills, and any nther payout. 1142 The Contractor shall illfornl the agency of any cilanges in total executive compensation between the lullulal I-cports as those chltnges occur. 11.8.3 All compensation reports must indiCnte what porcen( of coinpetisalioll conies directly from the date or Federal allocations to the Contracted entity. 12. Noudiscriminatien-Civil Ri nits Compliance-, 111 Ilia ConIractor'shall execute A.m I,Ininces as stated iit the Assurances -Non -Construction Prograius At(achillen(111at It wit l not discriminate against ally pet'son in the provision of services or benefits utuler lllis contract ni• in employment because of age, race, religion, color, disability, national origin, marital status, or sex ill conlplialice wit11 slate Hrld federal Ia►v and rep Iill ions. Tile Conhractor fil1-1her assures that .ill Contractors, Sit boo ill ractors, Sit b-grnntces, or others with whom it arranges to provide services or buiefits in connection with any of its programs and activities are not discrilllilint ing agaillst ciients or employees bmiiise of age, ITice, religion, color, disability, national origin, marital Status, or sex. 12.2 During the terill of this contract, Ilia Contractor shall complete and retain oil file a timely, complete, and nccuratc Civil 1Zigllts Compliance Cliecklisi, attached to this contract, 12.3 The Contractor sha11 establish proccdLIMS purst111111 to federal Ia1v to handle collnplainis of discrinlinal1011 illvolAlig services or benefits through this contract, These procedures shall include notifying clients, employees, and participants of tile right to file a complaint willl ille appropriate federal or slate entity. 12.4 1f Ihis contract contilins federal funds, these assurances lire a conditlon of coil( inued receipt of or benefit from federal filiancial assistance, aiul tire bilutirig upon the contractor, its successors, Iransierees, and assignees for Ilse period dtiringwhich such assisInitee is provided. 'I'IleCoIitl'actor further kiss tires that all Subcotit ractelrs, Vendors, or others with whole it arranges to provide serviccs or bcncflls to participants or employees in connection will) -lily of its prograllis and activities are not disuriminaling ilgainst those participants or employees in violation) of ille ally 511411,1105, 1'e11,011tiollS, guidelines, and Standards. Ill the event of fnilure to comply, the Contractor understands tllal the Agency may, at its discretion, seek it court order requiring compliance -Vitt- tile tennis of this assurance or sack other appropriate judicial or adIli inis(rative relief including, bill not limited to, terminalion of the contract and denial of further assistance, 13. Monitoring by t 1) a A-Limic The cot) h•aat0r shall permit persons ditty autholrizcd by the Agency tU inspect and copy any records, papers, docunlei Its, fncilitics, goods, and serviccs of the Conllraclor which are relevant to this contract, and to interview ally Clients, employees, and Subcontractor employees of file Contractor to assure Ilia Agency of Ilie satisfactory performance of the terms and conditions of this cotllpact. following such review, the Agency will provldo a 1Vrilten report of its findings to (lie Contractor and, where appropriate, thu Contractor shall develop it Corrective Action Plan (CAP). The Contractor hereby agrees to correct all delicienoics identified in the CAP 1n it Iinicly maiiner its deierniinedby the Agency's Contract Manager. 14. Provision of Services: The Contractor shall provide. serviccs ill the planner described in Attachment 1. 5 of 63 iuly 2€121 -.lithe 2022) 15, Cnnl clhlllted Mollitlarin lv€fir Olilel• A calcit s; ADI203,21 If the Collinic(or receives rull(linb f f om one or more State of Florida human set -vice algetwics, ill addition to the Agency, then a Joint nioliitoring visit including such other agelicies May be Scheduled. 1'01' tie 1)1ll'poses of tlis ConftAct, all(1 piu•sualtt to Section 297,0575, F.S,, as amended, Florida's human service agencies shall include isle Agency, the Department of Children and Families, (lie Depar1meill of Health, the Agency for Persons with Disabilities, and the Department of Veterans' Affairs, Upon Ilotifleatiori at)() the subsequent sclieduiing of such it visit by the designated agcrlcy'S fetid adIiiillistraifive coordinator, the Contractor shall comply aild coo pontte with all 111Oil it0VS, lnS1)eGtars, and/or inveslit"W", 16, Now Coutraet s Re, uthl : The Contractor shall ratify tile Agency within tell (10) clays of etltorilig into 11 newcorltraot withally of (he renlailiing foul' (4) state litunan service agoncics,'i'lle nolification %loll 111clude the following inf'orlllntion: (1) contracting state agency and the applicable off lea or p1'U9ram issulllg the CUlltrael; (2) contract niunc and number, (3) cuillract start and end dales; (4) con(ra el amount; (5) contract doscliption raid commodity or survice; mid (6) C:ome'act Manager rlaille and contact lrlforillation. I comply with this provision, and pul'sitant to Section 287,0575, 1'.5., as amended, the Contractor shalI colllpletc the Contractor's State Contracts List attached to this contract. 17, Indemnification. 'rile Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and ernployems Crom any slid all claiIlls, demands, actions, and Causes of ad ion 0fWhatevel' nature of cllnr'tictei' 11-isijig alit of, of by reason of, the execution of this contract or performance; of the sor•vices provided for herein. it is urldolstood and agreed that (lie Contractor is not required to indemnify the Agency for claims, demands, actions, or causes OF action arising salciy oul of'the negligence of Ilse Agency. 17.1 Except to the anent permilled by Section 768.28, l-',S., or other Florida law, this Section 17 is riot applicable to contracts executed between the Agency and state agencies or subdNisions dofined in Section 768.28(2), F.S. 18. Insurance and Bundfn : 18,1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of /his contlact and any renewal(s) and extcnsioll(s) of it. By execution of this Colltract, ""less it is 11 state agellGy oJ' subdivision as defined by Sectl oil 768,28(2), 1'.S., alto Contractor accepts full responsibility for identifying and determining the types) and oxicrlt of flubilily insurance covet -age accessary to provide reasonable financial protections for tile, Contractor anti the clients to be served lender this contract. 'l'llc Iiill 'its of coverage /ruder each policy Illaill(iiiined by the Contractor do not limit file C:onlractor's liability and obiigalions under this contract, The Contractor shall ensure that the Agency lllrs the mast curl'ent wrilton verificatioll of insurance coverage thentighout file toxin of this cowract, Shull Coverage may be provided by a sell -insurance program established anti operaf ing under the laws oi'the State cif i'lorida. The Agcncy reserves the right to require additional insurance its speciriccl in this cantrnct. 18,2 Throughout the lerm of lllis contract, (lie C'ontrautor snail maintain all insurance bond From a responsible commercial insurance company covering all officers, directors, employees, and agenis of (lie Contractor authorized to handle funds received or disbursed under all agreements and/or contracts illcorlloi atirlg this calltraet by reference in all amount commensurate ►vial tho funds hillIdled, the degree of risk as determined by the insurance company, and consistent with good business practices. 19. Cottlldelitialit_Y (if111fornla€loin. '1'lle Contractor shall not use or disclose. any inforalatiotl concerning a recipient of services under (leis contract for ally 1)u1'pnsc prohibited by slate or federal Iaw or 1•eglalat1ans except with flee ►vritIell consent of a person legally atntlorlmI to give tllai copses/ or wlicn authorized by law. 20, Ilea Jill Insurancc PoNaW lity laid Acco it ritabi Itty Act: Where. appl1oRble, the CoillNictOr shall comply With Isle l feait11 InslWatlCe Por(abiIity and AccoualabiIity Act of 1996, Public Law I Oel-191, as 1VelI as all Wgulatioils promulgaled Ilicretrnder (45 C11IC farts 160, 162, and 164). 21. Incident Rellol-011g, 21,1 'rile Coil (ractor shall notify (lie Agency inlinedintely but no later ihan forty-eight (118) flours rrom the Con(ractor's awareness or discovery of condittolls that allay lllaterially affuc( the Coil(ractnl''s or Submitraclor's 6 of 63 ,.t illy 2021 ,111lie 2022) AM 203.21 abiIIly [o perform [lie services required to Ile performed tender Ihis Coll iracl. Shell ,tones shall be mode orally to the Agency's Contract Mamigor (by lelcphono) with all entail to ill) rllediaately follo►v. 21.2 The Contractor shrill Immediately report knowledge or reasonable suspio€ore of' abuse, neglect, or cxploi[at ioll of a chill, aged person, or dikaabled nduII to the Moritkt Abuse I lot Iitle oil the statewide (oil-fl'ec tolophone timnber (1-800-96ABUSI )• As required by Chapters 39 and 4115, F.S., this provision is binding upon tale Contractor, its Subcontractors, aril their employees, 22, Baltltrut)lcy Notification; Durialg flee form of this contratcl, tic Contractor shall immediately notify the Agency if the Contractor, its assigooes, Sul)contratctofs, or affiliates lilt a clai ill for bankruptcy. Within bell (10) days aaflor notlflcation, [lie Coil[ractor must also provide the follow€rlg €nfol•Ination to the Agency: (1) the elate of filing of the banki•up[cy pet€lion; (2) the crtse mmlbef; (3) the court nark amid the division it, wllioli the petition was file(I (e.g., Northern Disiric[ of Florida, Tallahassee Division); and (4) file name, address, and lclaphone numher of Ills bankrupley attorney. 23, Snonsorshin and )E ublicp : 23,1 As required by Section 286.25, F,S., if the contractor is at non-govermilontal organization which spollsors a program finances] who iiy or In hart by state funds, including any funds. obtained through this contract, it shrill, ill publicizing, advertising, or describing the sponsors hill of the program, slate, "Sponsored by (Coiltraclor's flame) ail(, I I i c Strtte Of i`ior'idal, Dcpitr(nlent of Llder Affairs," if Ilia sl)oil sol'sllip refere lice is in wrilteil ill a;eria1,lie words "Stale of Florida, Departmem of i,'.ldor Affairs" shall appear in at least the same size letters or type astlie name of Hie organization, 23.2 The Confraactor shall neat use the word,, "Arena Agency oil Aging for Souiilwesl Florida, Inc. andlor State of Florida] Depart of Odor Affairs" to illslica[e sponsorslllp of a program otherwise finances], unless specific written ilt4tl10riY,liloil has been obtained by the Agency prior to such usc, 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 trallsfcr otherwise occurring without prior written approval of [lie Agency shall constilule a material breach of the Contract. Ill the event the State of Florida approves assignment of the Contractor's obligallions, the Contractor remaitls responsible for all work flerforined ails€ all expenses incurred ill connection with this contract. 24,2 The State of Florida is, at all Iin)e% entit€ed to assign or transfer, ill whole or pant, its fights, duties, or obligations under this contract to another governmen[at ageney in file State of Florida upon giving prior ►vriItell notice to the Contractor. 24.3 This contraet shall remain binding upon the successors in intea'CSt Of the C:orlir 1001' nand the Agency, 25. Stibeolliriaets: 25,1 The Contractor is responsible f'or all work performed and for all collimodi(fees produces] pur:Stlant to tills contract, whether• actually f irnis}lad by the Con[raictor of its Subcontractors. Any subcontracts shall he evidenced by a written doculllent and su1 ject to ,illy col)ditioils of approvaI [he Agency deems necessary. `flee Contractor further ,agrees that the Agency ►will not be liable to the Subcontractor in any way or for any reason. Tile Contractor, at its expense, shall defend the Agency against any such cla€rils. 25.2 Tile CoMmolor shall promptly pay any Subcontractors spoil receipt of payrllent from the Agency or other slate agency. Failure to make payments to any Subcontractor in accordance with Section 287,0585, F.S., unless othcrwisc stated in the contract between the Contractor and Subcontractor, will result in it l)cnatlly as provided by slatute. 20, Iudc lmldent Calmeity ofCotitrnctort h is the intent and understanding of the Pat -lies that the Contrae[ol• a lld any of its Subcontraaolors are independent Contractors and tire not employees of the Agency, and [hat( they shall not ),old theatlselves o►at as employees or agents of (lie Agency wilhout prior specific authorization from the Agency. It is the further intent and understanding of [Ile Part€es that the Agency (toes not conirnl (lie empIoyn)cnt practices of the Cowraclor and wilt not be liable for any wage anti hoiu•, employment discrimination, or other labor and eniploymellt claims against [Ile OVA 7or63 July 2021- June 2022) AUI 203.21 Conlractor or its Subcontravtors. All deduc(lons for social secilrily, withholdIng taxes, inconic taxes, contributions to unernitloylllcnt compensation funds, and all Necessary hlsurance for 1110 Contractor are the Sole responsibility of the Contractor. 27. Payment: Nyments shall be made to the Contractor for all completed and approver] deliverables (uni(s of service) as defined ill Attachment I. The AG13NCY Contract Manager will have final approval of flic Contractor'.-, involve submittal for payment and wi I I approve (he invoice for payment only if the Contractor alas diet at i terms and conditions of the contract, sinless the bid spceifications, purchase order, or Ibis contract specify otlierwise. The approver] invoice AviII be submiIled to file Agency's finance section for budgetary al)proval all(] processing. Dispules arising over invoicing and payments wlII be resolved in accordance wit 1)1hc provisions of Section 215.422, F S. A Vcndor Ombudsman hits beenesiablished within [lie Florida Department of Financial Services and may be contacted at 800-342-2762• 28. Rettil•11 of Funds: The Contractor shall return to the Agency any overpayments clue tU %mcamcd funds nr fonds disallowed, and any interest attributable to such funds pursumit to the terms And conditions of this contracl, that were disbursed to the Contractor by (lie Agency. In the event that the Contractor or its Independent auditor discovers that all overpayment hasbeerl made, tile, Colliraclor shrill repay said overpayment immediately withonl prior not Ifiication {roil [lie Agency. in Ilie event that the Agency first discovers tin overl)nymenl has been male, the AGENCY Contract Manager will notify (lie Contractor Ili writing ofsuch findings. Should repayment net be made fordiwith, the Contractor Shall be charged ill thelawflll rate of interest on the outslanding balance pursuant to Section 55,03, F.S., afterAgenuy natiCcallon or Contractor discovery, 29. Da (a Infeizi•ity itndSit fegul3•d1nE Ili forma(lon: TheContraclor silall ensure all appropriate level of data sccurily for flee ill foriilatiOn the Contractor is col iect'llig or using Ill (lie performance of tills contract. Ali nppropriate level of sectlr'ity includes approving and tracking all Contractor employees that Iecluest sysleln ol• information access and ensuring that user access has been removed from all ler•ininaled employees. The Contractor, aniong other requirements, must itnticipale and prcl)are for (lie loss of inforinaliUll pr'oeessing capabililles, All data and softivarc shall be routinely backed up to ensure recovery from losses or oulages of 113e eo1111)WOr system. The security over Ilse backed -illy data is to be cis stringent as the proteclion required of the primary systems. The Contrac(or shall ensure all Subcontractors maintain written procecitlres for cori)puter system backup and recovery. The Contractor shall complete and sign the Ccrtificallon ]regarding Data Integrity Compliance for Agreements, Grails, Loans, and Coolmalive Agrecmcnfs prior to the execul]ort of this contract. 30, Com liter Use, and Social Media folic The Agency has implemented a Social Media Policy, in addition to its Computer use Policy, which applies to all employees, contracted employee:;, cONsulltallls, Caller Pet:Sollal Service,, (OPS) employees and volunteers, including all personnel affiliated Willi third parties, such as, but not limited to, contractor.,; and subcontractors. Any entity (hal lases the Agency's computer resource systems must comply hill the Agency's policy regarding social medin. Social Media inultides, but is not Iimlled to, Wogs, podeasts, discussion forams, Mkis, RSS feeds, video shirring, social networks like MySpace, Facebook and Twilter, as Well as Content 511E11•ilig ljoilvol•ks slick as filGki• all([ YouTube• This policy is available oil (lie Agency's website at: l�ii�a:>'Jcic[crai'lairs_,sittic.ti.itsTcloculCtmmciril,ph}i. 31. Conflict of Interest, The Contractor snail establish safeguards to lwuhibit employees, board members, management, and Subcon(tac(ors from using !heir positions for a p01•pcse (hilt consiltutos or presents the appearance of personal or ❑rpilnim it)nal conflict of interest or personal gain. No employee, officer, or agent of (lie Contractor or Subcontractor shall parde]pale ill the scleclion of ill the award of at contract stlppol'te(I by slate Or !Federal funds if a conflict of interest, real or apparent, would be involved, Sucl1 a connicl would ariso ►vhen: (a) tiro cmployeo, officer or agent; (b) any member of his/her immediate family; (c) his or her partner; or (11) ail organization Which employs, or is about to employ, any of the above indiviclnlls, ]tits a financial or olhor interest in the firm Whig selecicd for award. The Contractor's or Subcontractor's officer:,,, employees, or agents will neither solicit nor accept gralFlilieS, favol:5, Or nilyihitlg of iliollet6ry value from Conlractols, potential Coll(ractors, ol• parties to Snbcontracls, The Contractor's board nlel)i X11% and matial euicnt nittst diselose to (he Agency any relationship Which play be, or nmy be perceived to be, a conflict of interest wi(]tin thirty (30) calendar days Of all ]lldividttal's original appointment of placelncllt ill that positioll, or, if the ilulividual is serving as all ]nomilbent, within thirty (30) enlendar stays of the commencement of this Co:]inlet. The Comr•nctor's employees and 8 of 63 July 202.1 - Jurtc 2022) ADD 203,21 Subcontraclors mu91 inake the saline disclostious described above to (lie Conlraclor's board of direclol:s. Compliance with this provision will be monitored. 32. Public Fiitl Crime, 11ti ufrill to Sccton 287.133, F •S,, it person or til'filiate ► ho has been placed on the Convicted Vendor List following; a conviction for a public entity crime may not submit at bid, prolmal, or raply oil a onnimel to provide ally goods or scrvlces to it public entity; may not subin€l a bid, proposal, or reply on at contract with it public entity for ills construct lon or repair of it public building or public work; may not submit bids, proposals, or replies nit leases of real prnperly to it 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 trmisac€ business with any public entity in excess of the threshold alllounl provided in Section 287.017, 11.S., for CATEGORY TWO for a perlod of thirly six (36) months following the (late of being; place(l on llln Convicted Vendor List• 33. I'll reIms€rig ; 33,1 The Contractor shall procure products and/or services required to perform this Colltracl ill accordance wlIh section 413.036, F.S. 33.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJEC']' OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALT, BE PURCHASED FROM A NONPROFIT AOhNCY FOR THE BL IND OR FOR THE SEVERELY I IANDICAPPED THAT IS QUALIFIED PURSUANT" l'O CHAPTER 413, FLORIDA STATUTE S, IN'I'I-II'? SAME? MANNER AND UNDER THE SAMIa PROCI DURFS SET FORTH IN SECTION 413.036(l) AND (2), FLORIDA STA'i'UTf?S; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, Olt OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH Q UALI PI RD NON PROF IT AGENCY ARE CONCERNED. 33.1,2 PUrsuant to sections 413.036(1) and (4), RS„ the Contractor shtlll not be required to procure a product or service from RESPECT if (a) the pro(lucl or service is not available within a reasonable delivery lima, (b) (lie Contractor is required by law to procure Ilse product or service from any agency of (lie stale, or (c) the Contractor determincs that the performance specifications, price, ar quality of Ilse product or set -vice, is not comparable to the Contractor's requirelltenIs. 33.1.3 "Phis act shall have prcmlence over tiny law requiring sltlle agency procurement of pi'odnots of services from ally other nOrlproriit corporation Unless SLICII precedence is waived by (Ile Agency in accordance with its rules. 33.L4 Additional infornlntion about the designated nonprofit agency and the produeis it offers, is available at llttp:lllv►v�v, respectofll nrida.arg;, 33.2 The Contractor shall promit•c tiny recycled pl•Lldtic€s of malerials 1Vllicll are the subjIecl of, of Fire regitil•cd to carry out, this contract wlleii the Depart mom of Management Scrvicas determines that those products Hm available, in accorcltince with the provisions of section 403.7065, F.S. 33,3 'file Contractor shall procure products Futcllor services required to perform this contract in accordance with smlion 946.515, F.S. 33.3.1 l'l' IS E?XPRFSSLY UNDCRSTOO❑ AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJ13CI' OF, Olt REQUIREDTO CARRY OUT, TI-IIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, 1,-S., IN T'HL SAME MANNER AND UNDER T'HR SAME; PROCEDURES SET I7OW[TI 1N SECTION 946•515(2) AND (4), F.S.; AND FOR PURPOSES OF TJ I I S CONTRACT T€-iL•' Pk?ItSON, FIRM, Olt OTI IER 13USiNESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL. BE, DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCI I CORPORATION ARE CONCRRNFD. 33,3.2 mile corporalion identified is Prison Itelltlbilitative industries and ❑ivcl:siFied Enterprises, Inc. (PRIDE). Additional information about PRiDT and the connnoditles or conirllctuaal services it offers ]s available ill 111t1Ss:llpr€do- cnt0r1)rises.orgl. 0 9 of 63 Jlily 2021- June 2022) AUI 203,21 33.4 The Contractor shrill provide a Certified Minority Business. Subcontractor Lxpenditlir'e (CMB) Report sllmnlaHAVIgIIle IMI'6 iPa[ion Ofcarlificd supplict:s forthe: eurn"1111 reporting periodand project to date, TheCMBB Rcparl shall incltida the tlanlos, addresses, and dollar amount of eac11 certified participant, and it coley must be torw,Irded to t1)o Agency, D1visioit of F11iancIitI AdmlittisIratIoll, find III llst aCeoill paity eadi invoice sit blllitled t❑ the Agency. The office of Supplier I}iversity (850-487-0915) will assist it) Furnishing nailles of qualified minorities. The Agency's Minority Coordinalor (850-tilel-2153) will assisl Willi questions and answers. The CMBP, Rcparl is attached to this contract. 34. Patents Col ri =hts Ron) ics: If this contract is awarded state funding and if tiny discovery, invention, or copyrightable tnalorkil is develolled or produced in till: courso of or (is a resuh of work or services perforated under this contract or in ally wily conncolod With tills contract, or if Ownership of any discovery, invention, or copyrighlablo material was purchased in the course of or its a result of work or services performed lender tills contract, the Contractor shall refer the discovery, invention, of copyrightable material to Ilse Agency to be referred to Elie Departmont of State. Any and all patent rights or copyrights uccru'IIIg under this co ill Tact it re hereby reserved to IIto State of Fl.orid1, in accordance with Cliapter 286, F.S.]III r'suall t to Section 287,0571(5)(k), F.S„ the only exceptions to this provision shall be (hose that tire clearly expressed and reasonably valued in this contract, 34.1 If #tie primary purpose of this contracl is the creation of intellectual Property, the State Of Florida shall retain all e nonctimbcred right to lase such property, Ito( withstand Ing ally agl'eelllent itlarde ptn'slnillt to this Section 34. 34.2 If this contract Is awarded solely fccleral filndirig, the leans all(] conditions are governed by 2 CFR § 200,315 or 45 CFR § 75.322, its iipplicable. 343 Notwilhslanding (lie foregoing provisions, 1f tie COWraclor of 0110 of its Subcorilructors is a university and a n10111ber of the Slate University System oN-1Orkin, tlicit Section 1004.23, F.S., shall apply, hell the Agency shall retain it perpetual, !wily -paid, 11ollexclusive license for its use and the use of its Contractors, Subcontraclors,or Assignees of any resulting patented, copyrighted, Or trademarked work products. 35. Ememengy Preparedness aml Continuity of Operations' 35.1 If the tasks to be performed pursuant to This canti'aci inclllcic ]he physical care anct control of 01ie11t5, or the administration and coordination of services necessary for client 1lcallh, safety, or welfare, the Contractor shall, within thirty (30) calendar days of the execution of this cotllmet, submit to the AGENCY Contract Manager, verification of an Emergency Preparedness Piau. In the event of fill emergency, the C:olltr'aciOr shall notify the Agency of emergency provisions. 35.2 ]it the e:vant a sittiation results in a cessation of service~ by it Subcontractor, the Contractor shall romain respplisible for performatwe. Milder this contract and must foilo►v 131-000(InrcS to el)Slrt'e C011tilllllly Ofol7el'ationS without interruption, 36. Equiyillent_; 36.1 Equipmant ttleanls: (a) IOngible pemonatl properly (including information technology systems) ]laviuga useful life of more than one year alld a Ilet'-unit acquisition cost wh icll equals of exceeds the lessee' of Ilie capitalizat1011 level established by the Organization for the i11lctlleia3 slatenlenl purposes, or $5,000.00 [for federal fumis - 2 CFR § 200.33 and. 45 CFR § 75.2, as applicable], or (b); t1onexpeadllble, tangible personal property of a non -consumable nature with till acquisilicil cost of $5,000,00 or more per trnit, trod expeclecl lisefill life Of al Iwist one (1) year; and hardback bound [looks not circulated to students or the general public, wilh a viiluc or cost of $250.00 or more [for state funds]. 36.2 Contractors acid Subcontractors ►vhO are Instltlllions of Higher Education, [Jospitals, and 01her Non -Profit Organizations shall have wr'itlell proporty l mmigemerlt standards ill complianoc will) 2 CPR Part 200 Adntiilislrasrive Requirements (formerly OMB Circular A-110) thal include: (a) a property list with all the elements identified iit The clt'Cular; (b) it procedure For conducting a physical inventory Ofequ1pllleat all least 011co every two (2) years; (0) a control system to insure adequate safeguards to prevent lass, datlrage, fir thell 0V Ilie equipment; and (id) maintenance promlures to keel) the egtiipment in good condition. The property records nnlst be maintained on file mill shall be provided to the Agency upon request. 'file Contractor shall promptly invastiglltc, fully docunlenl, and notify the AGENCY Contract Manages• of ally loss, damage, nr theft of equipment; t'he Contractor 311111 pyovide Rile rostlits of the ilivemigalion to Ille AGENCY C:on(i,ud Mannger. 10 of 63 July 2021 - Jono 2022) A UI 203,21 36.3 The Contractor's properly 1m ingenicill standanis for equiplllelll (including replacement equipment), whether acquired in whole or in earl with federal finds all([ federally -owned equipment shall, at a nllllisnunl, llleet (ho following requirements mid shall include accurately mainlained equipment records Willi the following Informalioll; 36.3,1 11ro1)erly records iniisI lie ill a1111ained that hlclltdc a descriptioil of the quiptneill; 36,3,2 Manufacltlrer's serial number, model number, federal stock number, natianill stock iminbor, or other Ideltllficalion Ilumber; 363.3 Source of funding for the equip+Went, including the federal alvard ldeniif ication Iltllllber; 36.3.4 WIielller tide vests ill Elie Con ractor or the federal goveriill en1; 36.3.5 Acciuisition date (or hte received, If the c(ltii1)1110 It was ftirnished by Ilse federal govor 11 Im n t); 36,3,6 Information front which one call calculate the percontage of federal participation in the Cos( of the equipment (no( applicable to equipment furnished by the federalgovernment); overnment); 36.3.7 I.,ocatioil, use and condition of the egtiilmlent and the date the inrormation was reporled; KIN Unit nequisit€on cost; and 36,3.9 Ultimale disposition data, including (late of disposal and sales price or the method used to delcrallnc current Fah' imarket value ►wlure it C:oiiiractllr c(SmI)cn.giles Ille federal iawarding ageIlcy for its share, 36.3.10 A physical inventory must be taken, and (he resents reconciled with the properly records at leasl onto every two (2) years. 36,3,1.1 A control syslem must be developed to ensure adequive safeguards to prevent loss, damage, or Illeti of rile properly. Any loss, damage, or theft must be investigated. 45 CFR § I5.320(dK3), 36.3.12 Adequa(c imaltltenance procedures Insist be developed to keep lire property in good condition. 36.3.13 if the Contractor is authorized or 1'cgttired to sell the equipment, proper sales procedures roust be established to ensure the highest passible l efulll 36.4 F?quipment purchased with federal funds. Nvith an acquisition cost over $5,000,00 and equipnlenl purchased Willi state Funds 1YIt11 all acquisition cost ovel. $5,000.00 is part of (he cost of carrying out tie activities and functions of the grant alvards At1(l title (ol ilershil)) ►vill vest in file Contractor (to,- federal funds see 2 CFR § 200.313(a) and 45 CFR § 75.320(a), as applicable), stibject to (lie condilions of 2 CFR Part 200 and/or 45 C17R Par( 75, Equipment purchased under these thresholds is considered supplies and is not subject to property staudnids. Lguipmetlt purchased with Hinds identified in tale budgot atlsichmenis (o agreements covered by this contract or idenlified In the sill]-agrecitlents wild Subcontractors (not included ill a cost methodology), Is subject to the conditions of Chapter 273, F.S., rifle 60A-1.017, F. A. C., and 2 CVR Parl 200 and/or 45 CM Part 75. 36,5 'File Contractor steal I trot dispose of ally equipnlant or materials provided by the Agency or purchased with fllnds provided through this contract without first obtaining the approval of the AGENCY Contract Manager. Wheal disposing of property or equipment the Contractor must submit n ►vrittcil request for disposition inslrucliolls to the Agency's Contract Manager. The request should include n Brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisilion date and conditionof the property. The request should also indicate the Cnllnac(or's proposed disposition of the property (Le,, lransfcr or donation to another agency that administers federal programs, offer of ille heals for s11ie, destroy the items, etc.). 36.6 The AGENCY Contract Manager will issue disposilion instructions. If disposition 1nstructlons are not rccelved within one hundred twcnly (120) days of the ►vl•itten request for disposition, the Contractor is a1111101i7=1 to proceed its directed in 2 CFR § 200.313 or 45 CUR § 75.320, as applicable. 36.7 Real property means hold (including hind fill provemeilts), buildings, structures and appurtenances thereto, bul exeludes movable machinery alyd equipment. Real properly may not he purchased 1vith slate or federal funds through agreements covered under this coutrael witlout the prior approval of the Agency. Reni property purcllaseS from Older Americans Aet fiends are subject to (lie provisions of Tillu 42, Chapler 35, Subchapter M, Part A„ Section 3030b Unhed Slntes Code (u,S.C.). kcal property 1XIM18scs fi•oln state ftuulS e1111 only be made through Cixed capital outlay grallls and aids appmpriationa and therofom. are subject to the provisions of section 216,348, F,S. a G4` 11 of C3 July 2021 - ,tune 2022) All, 203.21 36.8 Any perms enl storage devices (e.g.: hard drives, removal) lcstorage media) must he reformatled and tested prior to d€spasal to cl:sure 110 Coll l'idellIill] informal €on rem Rins. 36.9 '1'hc Contractor must adhere to the Agency's prooedures and stamiards wile,, ptirchnsing Information Technology Resources (111R) as part of any agreement(s) incorporating this contract by reference. An iTR worksheet is required fbr any computer relate(€ iteill costi,lg $1,000.00 or more, itic] uding dnla proeossing hardware, sof!►vare, services, supplies, mahltenance, traillil,g, pet:5orinel, gild faeililles. The completed ITR workshcct shall be maintained in Zile LAN administrator's file and must be provided to the Agency upon request. The Contractor has the tvsponsibili(y to rectuir•c any Subconvac(or•s to comply with the Agency's 1TR procedures. 37, PUR 1000 I+ornt: The PUR 1000 Form is hereby €ncorporated by reference and avalIable at: htl r:1A'V%V �,t�ly lorida.conllap 1sh+Gslsttlocfl 77 0 PUR 1000.pol' In Ilse event of any conflict betiveetl thu PUR 1000 form and any Ierills or colztl[tions of this Contract, the teruls or conditions of this wiWact Shall fake precedence over the PUR 1000 Porm. However, if tho conflicting terms or conditions in Ilse PUIL 1000 Form are required by any section of I.lie Florida Statutes, the ierms or conditions contained in the PUR 1000 Form shall take precedence. 38. [Ise of'State Funds to Purcliase or llunrove Real Pro tort Any slate funds provided l'or the 1)urchase of ❑r improvellicil(s to r•CA1 property life coillltlgel)t Upon tale Conlractor or political subdivision granting to the statca securily hi(erest ill the property Ht least to the amount of state funds provided for at least fiVe (5) years from the (fate of purchase or Ilie completion of the iinprovciuents or as Purl her required by law. 39. Dismi(e Resolution: Any dispute concerning performance of (lie contract shill] be decided by (lie AGENCY Contract Manager, who shall mducelhe decision to writing and serve a copy on (tic Contractor, 40. Finanelai Collsetillelkees; If tlia Contractor falls to Illeet (lie Ill inimum level of service or performance 1dew ified in this contract, Ilie Agency shall impose financial consequences as staled in Attachincrtt 1, 41, I!fe Waiver of Sovereign Lllntun€tom 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 ally disptrte,u•ises out of th•ss contract, Ilse venue of such Iegal recourse steal I ale Lee COltnty, Florida, 43. Enth•e Conli,ad: This contract contains all (Ire terms and conditions agreed upon by the Parties. No oral agreements or representations shot] be valid or hhiding upon (lie Agency or the Contractor uilless expressly contained llcroin nr by a ►vritten alucnrfnletlt to this contract signed by both Parties. 44. Eovee Mn ieare: The Parties will not be liable for Hay delays or failures in performance due in circumstances beyond their control, provided the party experiencing the force nmjcure condition provides inlrllcdinic wi•itlen riollf'rcation (o the olher party and fakes all reasonable efforts to ctu'e the condition. 45. Scverabili# Clstttse; '['lie follies agree that it a court of competent jtrr•isdidion deems any tortll or condition het'ehi void or unenforceable, the other provisi oils are severable to flint void provision and shall 1'e1113i11 in full force and effect. 46. Condiflon Preceden( to Coil inlet A > rn wfatlons: 'file Parties agree that ilia Agency's performance and obligatintr I pay ul,der this coill 1- acl aro cont irlgcllt (,poll ;all aIInwil Appropriation by the legislature. .10 12ol'63 July 2021 - .Blue 2022) 47, A.ddllicn113eletion; ADD 203,21 The Partics agree that (he Agency reserves Ilie right to add or to delete filly of the services regtlired under this contralcl whell dectlted to be ill the Slate of vloridn's Hest interest and reduced to a written amendment signed by troth Parties. The Parties shall Ilegot late Coinpensat€on for any additional services added. 48. Wafver: The delay or failure by the Agency to exercise or enforce ally of its rig}its under tills contract lvill flat constitute Or be deemed a waiver of the Agency's right dicreatler to enforce those rights, nor will any single or partial exercise orally such fight pl'cclude tiny other of furl her exercise Ihereof at- the exercise of ally 4tlie r right - 49, Comulinuce; The Contractor shalt abide by all applicable Current federal statltiles, 1mys, rilies, and ref ulalious as well as applicable Oki ri-Cill sI ate Stlit tllcs, IawS, rides Lind regulations, The Parties flgree t11aI f liILlre of tllc Contractor to abide by these Iaws Shall be deemed an event of default of the contralctor and subjec( the contract to iulnlediate tits€€flleral cancellation of the contract at [lie discretion of the Agency. 50. Mimi Invoice: 'I'lae Coallrac(or shall suhln€t the fitlal invoice for pay munt to the Agency no later titan thirty (30) days rafter the contract ending (late unI= otherwise specified in AItachnlent 1, if the Contractor fails to do so, ills right to paymcill is forfeited and the Aget icy shall not IIonor any requests stlbnliIle(I after the aforesaid (iill e period. Any pay nactit due under the terms of this con(ract shall be withheld tal)(il all re(luired doCluletllalion .anal reports (Ilia tram the C0111rao(or and necessary adjustments thereto have been approved by the Agency. 51. Rcnaeotiatinns of Moll Ifieirtl_ons; Modifteations of Ilia provisions of this contract shall be valid Only when they have been reduced to writing and (filly signori by both parties. The rate of payment and tie total (1O11a1' amount may be adjusted retroacl'Ively to reflect price level increits es slid cIlanges In the vale of pay nlell( wlIan tlicse have bean es(arblislied 11)rougii the itpproprialiOtis process and subsequetitty identified in ilia Agency's operating budget. 52, 5usncuslan of Wot'l(: 'I"Ile Agency may, in its sole discretion, suspend any or all aclivilies under the coiilract or purchase. order, at ally time, when in the interest of the State to do so. The Agency sllal€ provido the Contractor written notice outlining Ole pall'ficuliars of suspensiOil . Exalllplas of Ilse reason for suspension itic IWe, but arc Ilot €111111ed Io, budgetary aonstra€n(s, declaration of crllerbency, or other such circumstances. Aflar receiving a sllspOtis I()n rlotico, Ilse Contractor shall Coll) €ily with €lie notice and SI12111 not aiccupt any purchase order's. Wilhin nitlely (90) Clays, Or ally longer period agl-acd to by the Contractor, the Agency shall either: (1) issue a police Rutllorf7irlg resumption of work, at which time activity snaill resume, of (2) terminate the contract or purchase order. Susponsioll of Nvork sllaall riot enlitle, the Contractor to Hny additional compensation. 53, Termina tton., 53,1 'Peirnlill ation fnr Conveliicilcc. The Agency, by wril(en notice to tine Contractor, may login inattc Ihis contract in whole or in part when (lie Agency determines in its sole discretion this( it is in the Slate's interest to do so. The Col ItI'll cta], shall not 1`11t'tlls11 any product Rfter it receives the Ila(ice of tcrntiIIat inn, except its ilecessary I complete Ilse continued portion or this contract, if ally' The Coll(raclor shall not be en(Illed (o recover any Cancellation charges Or lost proOts. 53.2 1'erminaltion for Couse. The Agency may terminate this conlract if the Contractor fails to: (1) deliver the produel within the tinle specified ill (he contrae( or Tiny extension, (2) maintain adequate progress, thusendanlgering perforluitnce of the contract, (3) honor any torn of the contract, of (4) abide by ally statutory, regulatory, or licensing requirement. Rule 6OA-1,006(3), F.&C., governs the procedure. and consequonces of default, The Contractor shall continue work on ally work not lenni tiled. Except for deftwits of Subconlractors at any tier, the Contractor shall not be liable for ally excess costs if tho fallilz'o to perforlll the contract :arises fromevents completely beyond the control, and ►viIhot] I Ilse fault or negi1gence, of' (lie Contractor. If the I'Mhire to perform is caused by file (Iefaallit oftl Subcon(ractoi' at any lief, aalld if (Ile catise of Ile defitUll is completely beyond tile control of both tilt; Contractor and file Subcorgiractor, and without the (gill or Ilegligcnce of either, the 13 of 63 July 2021- June 2022) ADI 203.21 Cot itr'actor slittli not lie Iiiible for Arty exooss casts for fit llure to per fonii, tnlless I h o sit bcontraeled prod►rck were obtainable from other sources in stimcicnl tinla for the contractor to meet the required delivery schcduic. If, adder termimilion, it is determined OW the Contractor was not in definilt, or Ilia( the default ►vas excusable, lire rigl)ls and obligations of lice Parties sllalI be the same as if the termination had been issued for the convenience of the Agency. The rights and romedies of the Agency in tllis clause arc sit addition to any other rights and reuladies provided by law or railer fire contract, 54. Electror►ic Records arrd Simiattim: The Agency authorizes, bill dots not require, [lie Contractor to create atul rclain electronic records awls (o tisc electronic sigrtatttnres to coriduot transactions necessary to carry o►rt the terms of this contract. A Contractor dial cren(esand retains electronic twords and uses electronic signirtmms to conduct transactions shall comply with Ilse r•equirementsconlaitied in the Uniform Elcetronic'1'rarisaclion Act, Seelion 668,50, F.S. All electronic records must be fully audilable, are subject to Florida's Public Records 1.aw, Omptar 119, F.S,; rrlttst corilply Av'ith contract Section 29, Dala Integrity and Safeguarding Information; must ilia 'iilarin al con fidentialily, as applicable; oral must be retained ant! maintained by Ilse Cont raclor to tile same exdcnt as non -electronic records are retained and maimained as required by Ihis contratct. 54.1 The Agoncy's authorization pursuant to (his section does not authorize electronic transactions between [lie Contractor and the Agency. The ConlMON' is authorized to conduct electronic transactions with the Agency {silly Liport further written consent by the Agency. 54.2 Upon regtsest by tilt Agency, (lie Condraclor shall provide the Agency with non-cleetr'onic (paler) copies of recoMs. Non-clectronic (paper) copies provided to the Agency of any document that was originally irl eleclro'Iic form witlr an electronic Signature must identify the person anti the person Is capacity who elect ronicallysigned the document oil any non -electronic copy of the document, 55. Contract_mminger. The Agency may substitute any Agency earl}loyce to serve as the AGENCY Contract Manager. I?IFU [INDER 017 THE PlfGLINTENT1UNALL}'LEll, !'BLANIC tri ufC3 juIy 2021 - Jtnte 2022) 56. OfficlaI Payee mitt Representatives (Nantes, Addresses, and Telen]toitc Nitinklers ADI 203.21 nie Contractor mine, m silnivlt oil pale i of this Collier County Board oi'Couii(y Coininissioners 3329 R Tainianli 'frail Building 1-I a. contract,rule€ mailing address of (he official payee to Naples, ILL 34112 1Y110111 1110 payillcllt shall be Inade is: The naive of Ilse c'o11lwt person till€ .9Irect ad(IreSti l(risti Sontllag, Director b. where fIIIitlie ial aIid ad I n i 11 i S t ra t i ve records ai.e Collier County Board of C owity C.oInniksioners Inaintaincd is: 3329 E'ranlianli'rrail 13ullding H Naples, FL 3,1112 239-252-2273 The name, address, and telephone awriber of Ilie m 1(: isEi 5nnnlag, Director Collie' Cowity Board of C otinty Conlnussioners c. repiwentallve of the Conlrao(or respotlslb]e for 3329 R Tamiatnl Trail Biiildirig 1-1 adininisiralton of the prng]•am under Illis cnlltrac( Is: Naples, FL 34112 239-252-2273 Area Agency on Aging for Souiinvest Florida, Ilie. The section and local 1oil within the Agency where 2830 Winkler Ave., Suite 112 d. Requests for Poyinent acid Recoil)( and Expcodittire Fort Myers, FL 33916 forins are to be ]nailed is; 239-652-6922 RiclwRl C occhleri, Director of Finance The ]mine, address, and telephone number of [lie 2830 Winkler Ave, Suite 112 c' Contract Manager for this contract is: Fort Myers, FL, 33916 239-652-6922 Upoll ollange of representatives (mules, addresses, telephone ntiolbet:s) by either party, not icesllalI be providedi11 writing (e the other party. 57. All Terms and Conditions Included: This cols€ract anci its Attachments I -- XVII, ilicluding any exhibils referenced in said attachments, together with any ClocUnlents hworporated by referemu, comalll all the ieriiis and wildiitlolls agreed upon by the Parties. There are no provisions, lernls, conditiotls, or obligalions other than Iltose corl(a€Iled herci:l, and (his contrac( shall Supersede 11111 previous co11inninientlotls, representations, or agreelllell(s, either written or verbal, between isle Parties. fay signing (Ills contract, the Parties agree that they have read and agree to the etl(ire contract. IN WITNESS 'WHERE OF, (Ile Part ics Ilcreto have causer€ This sixly-I€free (63) page cooliact to be exectl(ed by their widersigued officints as duly authorized. CONTRACTOR: COLLIER COUNTY BOA ] OF COUNTY CO iV MISSI Nils SIGNED BY: loop NAME: Daniel R Ro ue2 l'l'CI.R: Public Service Department Heal DATE: 0$ 1. 2021 AREA AGENCY ON AGING TOR 80UTHWEST FLOIHIDA, INC. SIGNED 13): NAME. Norma Adorno TITLE: CEO DATL; August 18, 2021 Approved ns to form and legality Fedoral Tax ID: 59-6000558 15 of 63 s flint C,inunty Altunlcy Jiily 2021 - Jisne 2022) IND EX OF A'I"rACIIIY EN'rs AD] 203,21 AITACHMEMI .................... ..... ..................................................................................................................................Is.,17 .5jAme'A�IG'N!lO i-PORK.......................................................................................................................................—.,,,.17 ATTACHMENTII ................ ........ .......................„.I....I.........s.............. p.... ...,,.. ..,................. ,................... ,,.,,,....,,........... 31 YhVIINC1iIL.11AID COWL 1/1NCEPIf1110'........................................,,..,......,,,..,...,,,.,..,...,..,.—...,.,..,..............................31 ATTACHMENTIII............................................................................................................................................................37 CBW771r1C11 '!'IONS AND ASS URIINCES ......................................................................................................................... 37 ATTACHMENTIV .................................. I ..... ....,, ,.....I ...... ,,...................................... ,.,........................ I ......... ............... ..,42 ASSURANCES-- NON -CONSTRUCTION PROG1MAIS.............................._..................,...........,................................9.42 ATTACHMENTV.,,.........p,... .......................,.,..k.......................................,.,.,...,.....,..........,............................................-44 FLORIDA 17B'I'ARTURNT OF RLDLR IIIeY'IIIRS CIr1I1, CC)A11'LIANCIs CffrW 'LIST ................................. 44 ATI'ACHMN'r VI............................................................................................................................................................ 49 C.'ONTIUC."TOR'S',S`TATI' Ct)l NWACT 1.IS7'............................................................................................I...........,,........ 49 ATTACHMENT' HI .........................................................................................................................................................51 CERTIFIED AIINOIt1'1Y13USINI'SSSr113C.()N7']?11C7D1? EXPENDITURE'S(CklBE IiC m)......................................51 A'1TACHMENT IX,.........,.............,.,,.,,.,....,..,.. .........................,,.,........,.,....,.,......,,................... ,.... it, .......... .,............. 4-53 INVOICEREPORT SCHEDULE ....... .... ................................. ..................................................... ,............ ,........ I ............. .M ATTACHMENTX.................. ..... ....... ........... ........ p........ p......... ,............ ,...... ....P.Pp.,..... ,.................... ........................ s....... ,,54 ANNUAL BtIDGE, TSUkIM11RIF...........................P—.,,.4—.....,.................,.,...4—p..,..........,,.,....-...,......................,............ 54 ATTACHMENTM.............................................................................. ........ .......... ... ........ ................. ............ I ....... ...,....... 55 REQUT'S1'FOR PAYA MA' 7.................. ..4..,.....................,..,....,...................,.,.....,.,..,...,....,......,.............,....P—.................5 5 ATTACHMENTXII......... .................,.........................,...,.....................,....I............,I.I.I............I.....,..1...I.I...I............,.......4 56 RECEIPTAND EXPENDITURE Rl PORT...,.,............................................................................................................... 56 ATTACHMENTX111....................................................................................................................................I....................57 ANNUAL MOI)EI. DIO' CARE CRNTI R'1'71/11NING REPORT....P-4......................... ,.,...,...... -.......................... ,.......... 57 ATTACHMENTXIV........................................... ............................................................................................ .................P 58 COST RE,1e11BURSI:AfT'rl T 811khUAR)"k..........................................................................................................I.......4......,, 58 Al'TACHMIt.NT XV....... .......... ...............,...........,.,.............,..............,...,..............................,....,.,...............,..,,..,.,,...........59 SER1/1C'L' RATL ItEP0,R7............. P—.................. .................... ................. —P..k.4—,,......... ,......... ,.....,..................... ,.........,.. 59 ATTACHMENTWI.........................................................................................................................................................60 ,S11,MOR ALERT PROTOCOLS"..................................................-...,.,.,....,...,..,.,,.........,....,,,.,.,........,.......—...................4, 60 A'r'I'ACI- MENT XVII....... m............. ..................................... ........ .—..,................... ....... k... ,............................................. 62 AGING AND I.}MABILNYRESOURCL' CENTER (ADRQ S'IL PER A 1,1,,-RTYE, R 1110ES REFERRAL FORM .......4....... 62 16 ul' 63 Jit1), 2021- ,trine 2022) ATTACHMENT I STATEMBW OF WORK ALMHUMHU'S DISEASE INITIATIVIC I'IZOGIZAM I. SERVICES TO RIB PROVIDED A. Definitions ofTenns 1. Acronyms Alzheimer's Disease (AD) Alzheimer's Disense Iniliative (AD]) Activities of Daily Living (ADI.) Area Agency on Aging (AAA) Assessed Prlorily Consumer List (APC Q Adult Protective Services (APS) Cllenl Informat!oil nml Registrailioil I'moking System (CIR'I'S) Community Care for Disabled Adults (CC:DA) Corrective Action Plan (CAP) Dementia Care & Cure. Initiative (DCCI) Deparhncnt of L+Ider Affairs (DO BA or Department) Florida Administrative Code. ();.A,C.) l,'lorldn Statutes (F.S.) I lome Care for Disabled Ad tills (I-ICDA) InstrumentaaI Activities of Daily IJvirig (IADL) Menmry Disorder Clinic (MDC) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) United States Code (U.S.C.) 2. Program -Specific Terms ADI 203.21 Area flan; A plan developed by (lie Contractor outlining a comprehensive and coordinated service delivery system in the respeetive Plamling and Service Area, in accordance ►vith Scction 306 of the Older Americans Act (42 U.S.C. § 3026), as amended, and Agency instructions.'i'Ile Arcs Plan includes performance measures and unit rates per service offered per counly, Area Plan Updatc: A rcAsion to the Area Plan ►vherain the Contractor enfers ADI-specific data into [lie ClWl'S. An update may also include other revisions to the Area Phan as instructed by the Agency. Department of Elder Affairs Handbook: An o#'fickil d[3Cainlelat ol'DOPA. The DOE A I-hindbook includes program policies, procedures, and standards applicable to agencies which are recipientslprovidcrs of DOLA funded programs. All annual updalc is provided through a Notice of Ilist rue(ion (NO]). Functional Assessment: A comprehensive, systcitiatic, and multidimensional review of a person's atbility to mmain independent and in the leatsl restrictive living arrangement. Memory Disomleir Clinic (MDC): Resem'Cll oriented programs created pui:suant to Sections 430.502(1) autd (2), P,S., to provide diagnostic and referral services, conduct basic and service -related multid1sciplinary research, and develop 11- aialing ma(criais and educta(iomil opportunities for lay and professional caregivers of individuals ►vlth AD. Notice of Instruction (NOI). The Department's esiabllshed melllod to coamnnnicatc to the Contractor (lie rcquiremc31t to perform a task or activity. NOls are localeci on the Department's ►vebsite at htllz:IlelderstfCatii:s.statc.il.usloioealnois. php, 17 of 63 CV ,July 2021 -,little 2022) ADI 203,21 Pi-oviso: Lingualw used in it general appropritit ions bill In qualify or rostricl [Ile way ill which a specific appropriallon is to be expended, Progl•arll Highlights; Success stories, quotes, test nlollials, or 1111111 tn-interest Vignettes that are used in file Department's Summary of Programs and Services (SOPS) to include information lhilt helps tell the story of how programs and services help elders, ralliii'ses, and caregivers, Specialized Day Cam: Licensed Specialized Alzheitner's Services Adull I ly Care Centers, licensed in accordance ►vilh Section 429.918, F.S., that are considered models because they provide Specialized Alz}lchnet's services tot' AD clients, F loridahIcalhhVindcr,gov provides an up to date listiil& of all Specialized Alzheimer's Services Adult Day Care Conters, SpecinIized AIAheianel,"R Services; S pecia lIzed AIzlieliner's services, offered in day care centers iIto] u(Ie, but are not Iimited to, those listed below i. Providing education and training on the specialized needs of persons with Alcheimer's disease at- related memory disorders and c4regivem ii. Providing spociakod aelivilics that pronlote, maintain, or enhance the AD] client's physical, cognitive, social, spiritual, or culoliOlin I Ilea] IIt. ill, Providing thcrapculie, behavioral, llcaltll, safety, and sec airily interventions; clinical cane, and support services for #]le AD[ client and caregiver. Suininnry ofPrograins and Sez-vices (SflI'S): A doctiment prod ticed by the Dcparinlent and updatod yearly to provide the public and the Legislature ivilh ini`ornlalion about programs find services for FYoridn's cldcrs, I3. GENZRAL DESCRIPTION I. Gellcrlt[ Stntentrn# The purpose of the ADI is to address (lie, special needs of individuals with AD, their fuillilies, and caregivers 2. AlzheimerIs Disease lit Ulit Ilve Program Kiss ion Statemell t The ADI program assists persons afflicted with AD aid olhcr forms of demenlia to live as independently its possible with support to family members and caregivers. 3. Artthnrity The relevant ltalhority governing the ADI Program includes; ll, RuleChnpler58D-1, F.A.C. b, Sections 430.501, 4130.502, 430.503, and 430.504, F.S.; and c. Catalog of State Financial Assistance (CSFA) Numbers 65004 and 65002, 4, Scone of Service The Contractor is responsible for the programalatic, IiSeal, and operational lnanngement of the ADI Program. The program services shall be provided in a inannef• consistent with the Contraclor's Area Plan, as updated, all(] the current DOBA Hnndlmok, wliielt are incorporated by reference, The Contractor agrees to be bound by fill subsequent amendments and revisions to the DDPA I landbook, and the Conlractor agrees In accept all such amendments and revisions via a NO], 5, Mnjol,1'rogl'am Goat 'the major goal of 11te ADI Program is to provide services to meet the needs ofcatregivel:s and individuaIs iviIll AD or other related disorders, 18 of 63 0+0 July 262J - Jtllle 2022) ADI 7,03.21 C. Clients to be Served 1, General Deseripti(m The ADD ix•ograrll addresses the simcial needs of individuals wi111 AD nr other related disorders and 111alr caregivers. 2. Client Eligibility C1imits eligible to receive services lender Ilhis contract mus(: a. Be 18 years of age or older and have a dingmsis of AD or it related disorder, or be suspected of having AD or a related disorder; or h. 1f cnrolted ill Specialized Alzilchner's Services Adult Day Cue, be a participant who has 11 docutllellted diagnosis of Alzhelmor's disease or a demenlia-relaWd disorder (ADRD) from a licensed physician, licensed physician assislant, or it licensed advaticed registered nurse pracillioncr; anti c. Not he em-olled in any Medicaid onl)ilated long-term care program. 3. Targeted Groups Priority for services udder this contract will be given to those eligible persons assesscd to be at risk of placement ill all i11s1itution. d. Cheat Deterntinatioa The Agency shall have final aill horily for the determination of client eligibility. S. Contract Limits In no case shall the Corltrtrcior be required to i11C111' COStS 111ere than file C4111raCt an1OLa1t i11 l)r0VidiFig SerVic u-s to the clients. 6. Clients Served 'I'll!s contract does not provide for direct services to clients other than intake, Information and reforraI services, and screening. It. MANNER OF SU; TtV ICE PROVISION A. 5erviee'I`nslcs To achieve the goals of the ADl program, the Contractor shall perform, or ensum that its subcontractors perform, the following tasks: 1. Client Eliglbiltty Determitlation The Contractor shall cllslrre 11hat llppiicalll data is evacuated to determine. eligibility, l;llgibility to become a client is based on meeting the requireme:its describe(] h1 Sect 1on I.C.2. 2, Assessmeul and Prinritin(ioil ofSol-vice Del lvel•y fol'New Cliellfs The, Contractor shall ensure I11e following criteria al-c used to prioritize 11civ clients iit the sequence below far service delivery. It is not Iho 1Wool of(he Agency to removo existing clients fr0111 services Io serve new clients being assessed and prioritized for service delivery. a. Imminent Risk individoals: Individuals in (lie community Whose 111en111 0!' phW:sicai ]lcalth C0116ition Ilas deteriorated to the degree that scif care is not possible, lilac Is no capable caregiver, alai nelrs]ng halnc placement is likely %vltllin it 111011111 or very likely wiIhin three (3) months. h. Service priority for Individuals nal included above, regardless of referral source, will he cicter'mirled through the Agency's functional assessment adminisicred to each ltpplicant, to the extent funding is available, The Contractor shall ensure !hat In•icn•ity is given to nppiicarlls at the highs• levels of fi•tlilty trod risk of nurs! ng home placement. CAC ig of 63 .July 2021- June 2022) ADI 203.21 3, Program Services The Contractor shall elmure the provision of program services is consistent whtll Ilie Con me(or''s current Area Plan, as tip(lated and al)proved by the Agency, and the current DMA 1-hindbook. 4, Task Limits Tile Contractor shrill not perform tiny tasks related to the lualect miter Than (hose described Ili this conti'ad ►vitllout Ilse express written consent of the Agency, B. Use of Sub con tractors If this contract involves the use of a subcontractor or third party, (hen the Contractor shall not delay the iml)€ementat!on of its agreement with the Subcontractor. If any ohreamstarico occurs that may result in it delay for n period of sixty (60) days or more of the iniiiild0l) of the subcnniract or file performonee of the Subcon(ractor•, file Contractor shall notify the Agency's Contracl Manager and the Agency's Chief Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perforill services related to this contract wilhout having a binding Subcontractor agreenient executed. The Agency will not be responsible or liable for any obligations or claims resulting front such action. 1, CslpicsofSlll)e❑ltfracts The Contmctor shall submit a copy of all subcontracts to the AGENCY Contract Manager within thirty (30) daysof Elie subcontract being executer(. 2, Monitoring the Performance of Subcoiliractors The Contractor shall monitor, at least once per fiscal year, each of its subcontractors, subreeil3iicnts, vendors, alit€lot' Consultants paid liom funds provided under this contract. 'file Contractor shall perform fiscal, administrative, anti prograltlilia Iic monitoring to ensure conleaulua€ complianco, fiscal accountability, programmatic performance, and compliance ► ilt apl)licable state and !federal laws an(] regulations. The Contractor shall monitor to ellslare Iliac the budget is met, the scope of work is necomlAshed willilli the specified time periods, and other perfornmance goals staled ill this contract are achleved, 3, Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor Monitoring Reports to the AG13NCY Contract Managerwithin thirty (30) days of the report being issued to the Subcontractors, 5ubrociphcnts, Vendors, and/or Consultants. C. ,Sluff ug Requirements .t, St�lftirlg Lcirels The Contractor shall assign its mvil administrative arah support staff as necessary to mccl the obligations of this contract attd shrill ensure that subeontractors dedicate adquate staff accordingly. 2, 111-ofessiollill Qua linen If oils The Cold actor shall cllSta'e that the staff responsible for iiel'forming any dntics orfllliet]oils {within this conlraul have the giialiJ1cations as s Im 1 ried in ills current DO RA YIatidbook. 3, Scrvhcc Times The Contractor shall ensure the availability oftlie services listed ill (ills contract at tinges tlpliruliriate_to nicet clicnl service needs Including, at a 11111illllulll, tlurilig 11orn1al business hours, or as otherwise spocECled Ill Proviso ar the Subcontractor's approved service l}movider al)p ication. Normal business hours are defiled as Monday through Friday, 8:00 a.m. to 5:00 p.m. local little, A Service Location all (I Egtliptiloil t 1. Service Delivery Locat€❑n Services will be provided as needed in locations determined by provider I best mcot clients' immedhate needs. 2001,63 July 2021- June 2022) All) 1 243.21 2. Changes in Locution 'Pilo Contractor shall notify the Agency hi wriling a miliintum of otic week pricer to making changes in location Ihal will affect the Agency's ability to conlact the Contractor by telephone or facsimile. 3. EquipolcM Contractor shall be responsible for supplying, at its ow» expense, all equilyinenf necessary far its perl`ormance ulider Ilse contract including, but nO[ liIll iled to, computers, (elephones, copiers, fax machines, illhtenance, and Office sul)piles, T. Deliverables The following section provides lice specific quantifiable units of delivorables and source documentalloll required to evidence Ilie completion Of the tasks specified i1a this contract. Del lvery of Services to Eligible Clients 'rile Contractor shall ensure the provisioll of a contillinaan of services addressing tile, diverse needs of Individuals with AD and their carogivers. The Comraclor shall ensure performance and reporting of the following services in accordance with tine Contractor's current Agency -approved Aroa flan, thecurrent DC)EA Handbook, which is incorporated by reference, and Section H.A. of this contract. DocumeMalion of service delivery must include a report consisifng of the following. number of clients served, number of servicculliis provided by service, and rate per service 111lit with calculations lilac equal the total invoice amoutiL The continuum of services provide([ under this contI-actinclude those identiiled by the following service calegor ics; a, Rcspile a ice 0that• Services {1) Caregiver'I'rtriilinglSulyport. (2) Casc A ide. (3) Case Management. (4) Counselilag(Geronlologica1). (5) Counseling(Mental Hcnith/Screciling). (6) EducatiotllTraining. (7) Emergency Home Delivered Shelf Meals (8) Hattie Delivered Meals (9) IIometuakor (10) HousiJig Improvelnenl (11) Minko. (12) Material Aid (13) [Model Day Care. (14) Personal Care (15) Rcspite(f'acility-Band). (1 G) Respile (In-Homc). (17) Respile(In-Facilily, Specialized Alzheimer's services) (18) Specialized Medical 1;tltaipment, Services, and Supplies, and (19) Transportalion. (20) Shopping Assisltalive — COV1D — 19 (2[) Telephone Renssurance--COV1D— 19 h, Memory Disorder Clinics (MUCs) The Contractor shall maintain coordivatiori with (lie MDCs, the Alzheimer's Disease and RelatedDisorders Research Brain Bunk (Brain Batik), land tell oilaer components of the ADI, as tivell as Silver Alert,in (lie designated PSA. MDCs :are required to provide aammal in-service] training to soli respite, ill -facility ivspitc, and model clay cfaro center staff 111 their designated service areas, and to plate and develop service -related research projects tivith model (lay care center and respite providers. The Conlr'aOtOV shall respond to requests for statistical elate conecrn9ng its collstImers, based oil inforlaatatioil requirements of Ilse MDC:saud tllc Brain Hank, and assist the MDCs ill cili•1'ying olil SIIvor Alerl prolocal art 1vitaes (Atfaachinent 7XV1)ta include return of the Aging and Distability Resource Ca3ater (ADRC) Silver Alert Services Refcrral Lorna (Attachment XV11) to the referring MDC witla9n f'ourlecra (14) clays of receipt . rb 21. of 63 JW3, 2021 -June 2022) All] 20121. C. Modcl Day Care 111•ogrollm The Contractor shall onsure Model Day Care Centers supported by this contract develop innovative thcrapios and irltcrvenfioils which can be share[] with other ADI health and social services personnel and carcgivet:5 via traiting. Model Day Care Centers supported by this contracl muM report 10 the Colliraclor all IVol Ill ng activities provided to health care anti social service personnel and caregivers, as lveli as serve as natural laboratories for research, 2. Scrvlecs and Units of Service The COI111.8001• shall C11Sn1•e that t110 provislOil of services do.wribed ill this contract is ill accordance lwll11 the currant DOEA Handbook and the service tasks described in See(! oil II.A. The Service Rate Report (Attachmenl XV) lists the services that can be performed, tite highest rohnbursenlent relit rate, the method of payment, and the service unit type. Un]€s of service will be paid pursuant to the rate established in the Area Plan as updated, as shown in the Service Irate Report, and approves] by (lie Agency, 3. Administrative Responsibilities The Contractor shall provido management and oversight of AD] program operations in accordance With the current DOEA Handbook and the Agency -approved Calltrttclor's Ares+ Man and Cos( Analysis. Managemen[ and oversight of ADI prognin operations include the fallowing: a. Developing It cortlpetitiVc sollciWlon process for allocation of ADi funds, including appe'll proaedtlres for llalldIillg disputes involving Least Agency. 11, Preparing and revising the Aren Plan update. C. Designating appropriate and capable Lead Agencies and ostablisliIng veiWor• agreements at the AAA level, when applicable for Least Agency and ADl services according to manuals, rules, and agreemont proocclums of AGENCY, d. Providing lechllical assistance to Load Agencies and vendors to enstire, provision of quallty sorvices. e. Monitoring and evaluating Lead Agencies, subcontractors, and vendors ror programmatic and fiscal compliance, f. Approprialeiy submitting payments to subcontractor:~. g. Arranging in-servieo training for Lead Agencies at leas[ rmntially. li. Establishing procedures for handling mcipiclit aomplililm concerning such adverse aclions as service (cl'lllillati011, SUSirensioll, or reduction. 1. Hnsuringcompliance with Client 111forlllt1don and Registrat1oil '1'racking System (CIRTS) reguIations, j. Mon Itoring performanee objective acilievealcols in accordance with targets set by the Agony, U. Conducting cl ient satisfact'son surveys to evaluate and improve serv1rx do] 1very. 1. Par icipating ill at least one Dementia Cart; and Cllre Initiative (DCCI) task force within the Contractor's service area; and lit. Immodiately Notifying the Agency's Emergency Coordinating Officer of any changes to Values and contact information made to the Contractor,S local 11,111ergoncy Coordinating Officer. F, Relents The Contractor shall respond I additional mill lie or special reglres(s for information oil([ reports required by the Agency in a timely manner, its determined by [he AGENCY Contract Miltlagar. The Contractor shall establish reporti ag (lite dates for Subcontractors that perillit the Colltr•accor to elect the Agency's reporting requirements. 1. Aren Plait Updote and All Revisions Thereto The Contractor is required to submit an annunl Area Plan update whercin the Contractor enters ADl-specific data in the CIRTS, Thu Contractor may also be required to submit revisions to the Arm Plan as instructed by [lie Agency. 2, CIRTS ]teports '['lie Contractor sliall input AM -spec] fie (Iota into CIRTS. To ensure CIRTS data accuracy, (he Contractor shall use CIR'I'S-generated reports which include the following: C] 0 22of63 �lit13, 2021 - Jane 2022) ADI 203.21 a. Client Reports. 1). Moniloring Reports. C. Services Reports. d. Miscellaneous Reports. e. F iscrtl Reports. f. Aging and ❑isabiIily Resource Cenlcr Rclaerts. g. ❑utcoine Meaasurcnlent Reports. 3, Annual Service Cost Reports The Contractor shall require subconh'Hatars to submit Annual Service Cast Reports, which reflecl actual costs of providing each services by program. This Annual Servico Cost 1Rcport provides ill formation for plaalaaing and negotiating unit rates. 4. Lend Agency Spearding Repol•t The Cow motor shal I ski bill it a Lend Agency Spending Report, in a Format provided by the Agency, to the Agency Contract Manager by the (l ath) clay of each nlonih. This Load Agency Ikelsort is for all agreements and contracts between the Coaitralctor and the Agency and innst include the following: a. A list of all subcontractors and their status regarding Sta•plusldefi011. h. The Contractor's detailed plan on [low the surplusldeficil spending exceeding the lhrosho[d specified by the Agency Ivill be msolved; and C. Recommendations to Irallsfer funds to resolve: Surplus/deficit spell(iing. lnplit fl'otn tile Contractor's Board of Directors on resolution of spending issues, if applivable, S, I'rograll) Highlights The Contraaclor shall suballit Pa•ograatu Highlights reforencingspeciFie, events that occurred in SFY/ FY 2020-2021 by August 30, 2021. The Contractor shaalI provide a new success story, quote:, testinloniul, or hunlan- interest vignette. The highlights shall be written For u general audience, willi llo acronyms or technical lernls. For all agencies or organizations that are a•crerenceti in the highlight, the Contractor shall provide a brief description of their mission or role. Tile active lcllse Sllall be consistently used ill the highlight narrative, to identify the specific individual or entily that perforalled the activity described in the Highlight. The Contractor shall review and edit Prograill Highlights for clarity, readability, relevance, spwlfielly, hunlaul interest, and granulia r prior to subinill ing them to the Agency. G. Records elect Dacalnlealtaltian 1, itegjles[s for Payment 'rhe C:owracior shall mainiain docaaulcillaltioal to support Requests far Paynlctil that shall be nvailable to the Agency or authorized iildividkill s, such as Ilse Department of F1naancial Services, upon request. 2, CIRT,S Data a ud Matiulelimice The Contractor shall ensure, nlontIlly, collection anti arlaaintenance of client and service informalion in ClWrS or tiny such system designated by the Agency, 11'litintelial]cc inoludos accurate and current data, and valid exports and backups of all data and systems according Io Agency shindarcis. 3, CHUS Aetdress Vialidatiort The Covilractor shall work with (lie Agency to ensure client address are correct in C1RTS for disaastel• proptirech:css efforts. At Imist 111111ually, alld mare frequently as ncecicct, the Agency will provide direction on how to validate CIRTS addresses to ansure these can be nlappod. The Contractor Avlll receive a list of unhatched addressed that cannot be lalapped and tilt Contractor will be responsable for working wlIh the Lead 0 23 of 63 July 2021 - ,little 2022) ADD 203,21 Agenoles to correct addresses flue] send It list to Ilse Agency Nvith confirmed addresses. The. Agency will use [his informildon to update maps, client roslors, and trill}latched addremes to disseminate to the Und Agencles. 4. Dattrt futegiVy surd Back tip Procedtrr•es Bach Contractor shall antic!pille and prepare for the loss of iitformat ioli process!ng capabilities. The routine backing up of all (iota ami software Is required to recover from losses or outages of Ilie computer systell). Data and sollwarc essonduI to the continued operation of Contractor functions must be backed tip. The security controls over the backup resources slialI I)e its stl'Ingent a% Ilie protecliott rCquired of Ilie, primary resources. A copy of the backed -up data shall be store(] in a SCCure, offsite location. 5. Policies itn(l Procedures for Records aitd Documentit tion The Coittmot or shall inatiliIitIn lvriIIuit poIiclos it IA 13roceditres for Com13titor systoin backtrl) and recovery and SlialI ]rave Ilie ' me requironlent of Its stibuo ilrmlors, These pol10ies and procedures AM] be tirade avai111blo to the Agency upon request, H, 1'erfnrrurtnce 5pectt#cltftt3ns 1. Outcomes stud 011tpuls (Performance Mensul•cs) The Con(nictor must: a. Ensure file priorl11zai]on of clients mid provision of services to clients in necorciance with Section II.A. above. b. Ensure (lie provision of the services (lescrlbed in this contract are in accordance with tho current DOHA 1.1aitdbook and SccIIoil ILL, abovo. c. Timoly and accurately submit to the Agency a I I req(Iirc(I (loci►mentittioii aitd reports described in Section ILL. nbovo; anti d, Timely (i.e. ill accordllnce with the Annual fitt(lgot Saint:nary) and trccuralely submit the Request for Payment, the Receipt and Bxpendituro Repoli, ttnd the Arinmil Model Flay Care Canter'Training Report, and supporting documentation to [lie Agenoy. 2. Animal Progriuounntic lvMouitorring Relrnrt ' The Contractor's perfor:Rance of the measures ill Section fi.}1,I., above, wi11 be reviewed and documented in the Agency's Annual Programmatic Moni[oring Report. 3. Moniturbig fond Evaluntion Methodology The Agency will review all([ evaluate the performance of file Contractor udder the lentos of this conlracl. Monitorhig sha11 be conducted (11rough direct contact %Vith the Conllactor via lelephotle, ill writing, and/or on - site visil(s). The Agency's dc[crniiiintion of acceptable performatncc shall be conclusive. The Contractor Ogmes to cooperate wills the Agency in monitoring the progress of coruplotioit of the service [asks and del ivcrilbleg. The Agency may use, but is not limited to, one or more of Ilse t'ollo►ving methods ror monitoring: it. Desk reviews and analytical reviews. b. Scheduled, unscheduled, and follow-up on -site visits, C. Client visits. d. Review of independent auditnr's rsporls. C. Review or third-patliy documents anchor evaluation. f. Review of progress reports. g. RevioNy of customer satisfaction surveys. h. Agreed -upon procedures review by fur external auditor or consultant. ]. Umited-scope reviews. j. Diller procedures as deemed necessary. 2d or 63 ;,Tilly 2021 - JLnte 2022) T, L`oaltrnL:lar Ilcspttttsllsilities AD] 203.21 1, Con(raclorAcc011ntal)ilit3 All service tasks aild (leiiverables pursimilt to this coitlI-act are solely llnl exclusively Ilse respollsi bi I ity Of 111e Cnnlmotor and are (asks and deliverables For which, l)y execution of dies ccmtracl, the Contractor agrees to be held accountable. 2. Coordina0011 wlth ❑tiler providers nitcll0r Fit(itles Notwithstanding (lint services for which the Contractor is held accountable involve coordination wills ether entities in porforming 111e requirements of this contract, the failure of other entities (100% not alleviate tier. C.olltrnctor troll( Filly accountability for tasks oI- servIcu that tho CoitII-notor IS obligated to peI-forill 1)Lll'sua11t to this Cm1U'act. J. Agency itespoiksibil€tics 1. A�Clli:y C)hlila(Intts The ((gooey may, wilflin its resources, provide technical support and assistance to rile Coti(raclor to assist the Contractor In mcc(tilg the requirements of this contract. 'rile Ageticy's support aril assistance, or lackthereof, shall not roticve the C'onttulor from fall performance of contract rcgtl1u0nients. 2. Agency Determinations 'flit Agency reserves the exclusive right to make certain detor:Vitint ions in the tasks and approaches used to perform tasks. The absetice of the Agency selling fnrlll a speciflo reseivatioll of rigllls clots Flat "lean ihal all other areas of (lie contract are subject to ill Ill ila] agrccnicnt. m. MC`1' oD OF PAYMENT A, Payumit Methods Used The mothod of payment for tills contract is a colllbiant lOil of lIxed feeluniI rnto, cost roimbursoment, and advance payments, subject to (tic availability of fiends and Conti -actor performance. The Agency will pay the Contractor upon satisfactory completion of the'I'asksiDeliverablcs, as specified ill Seclion If., Manner of Service Provision, andin aiccortiance witit tither terms ami commions ofillis contract. 1. Fixed Fee/Unit Rafe Payments tbi' fixed Fee/Unil Rateshall not exceed ninounts established ill the Service Rate Rcporl. 2. Cost lt:efntbit ruilloil t I7ayment may be authorized only for allowable expenditures which are in accordance with ale services spociftcd lit lho Service Rate Roport. All Cost ftcimbursemetit Requests for I'aylllen( Must Include the Receipt and Expenditure TCeport, as well as the Cost Reimbursement Summary Vorm, beginning with (Ile first month of tliis contract. Rcinlbursemenl amounts for adiuinistrative costs must be reflected on the Cost RcimbLtrsenlent Sununary Form and € lie] title only items uorilatined ail Ille Conti'aclor's Cost Analysis Form. 3. Advance Pitymeuts 'rile colltluctor luny request up to INVO (2) monflis of advances at (lie start of the conu'aci period to cover program adIll inislrat NO nrlcd service costs. The paymotil of an ndvalice will be contillgcnl upoll the sufficiency and alilutnit of funds released to the Agency by the State of rlorula (bl.ldget release). The Calltl'alCtal'°s 1'eclilesls For Ftcdvallce payments require the written approval of lheAgency's Contract Manager. For the first m0n1h's advance request, the Contractor shall provide to the Agcney's Contract Malinger documentation justifying tic need for lilt advance and describing )lain the funds will be distributed. if t€le Contractor is requesting two (2) montis of advances, doculiteutntion (mist be provided reflecting Illo casll nccds of the Contractor wilhiV the itlitlal two (2) nlontlls and should be supported through a cash -flow analysis or other hlforma(dan apprnliriate to dcmollstrate the Contractor's financial need for the second mmith of advances. The Contralctor nlusl also describe how the funds will be distributed for the f•n-sl and second moodt. I sufficient budget is available, and C] G 25 of 63 .lnly 2021 - ,lime 2022) ADI 203.2.1 the Agency's Contract Manager, ht his ni' her Sol discreiioil, has delerl'alIIecl [flat Ihorc 1S jListifiecl freed for an advance, the Agency hill issue approved advance psyrllc3lls after .luly lst of the contract year. a. Any advance payments the C:on[rnclor reglresh for subcontrao(ors nlus( be distributed within severs (7) days of receipt of payment from the Agency. The Contractor shall submit to the Agency docunlenlatiorl to support full distribution of advanced funds wills Repor( Number 5, due 10 the Department on October 10, 2021, in accordance with (lie invoice Report Schedule (Atlrlchnletlt 1X). b, Al] advance payrnenIs retrained by file Contractor must be fillly expended no later than September 30, 2021. Any portion of advrrnce payments not expended in List be recouped on the Request for Paymcnf (Attacllnlenl XI), Report dumber S, dare to €lac Department on October 10, 2021, in accordance with the Invoice Ropor( Schedule (Attachment 1X). e. All advance payments made to the Contractor shall be reinlbur:sed to the Agency as follows: At least one— icnil) of [Ile iitivttrlce payment rocelmi shall be rel)orlod Its a13 aclvanuo recooprnont on cash Request far - Payment (Atiuch meat X1), sfartitlg Willi Report Number 5, in accordance with the Invoice Report Schedule (Attachment IX). B, FundhlgD€.414btrtlon The Contractor agrees to distribute funds as detailed in the Area Plan update and file Annual Budget Summary. Any changes in [lie total amounts of lire Funds iciclltitied on Isle Budget Summary form require a contract amendment. C. Method of Invoice P,lymcut Payment shalt be made upol) the ("Ontrtletor's preselllalion of all invoice after the acceptance and approval by ille Agency of the deliverables sihmn on the invoice. The form and substance of each invoice submilted by (he Contractor shall be as follows; t. Have a Remittance Address that corresponds exactly to the "Remit To" address provided to MyFloridaMtlrketPlace (MFMP) daring registration. 2. Request payment oil a monthly basis for file units of servicos established In the Contractor's approved Area Plan, provided in conformance with Ilse reguimimits as described in the eurrent DOS 1 landbook, at the rates estabiished in flee Scrvicc Rate Report of Phis contract. Documentat!oil ofscrvice delivery must iIiclude a report consisting of the fallowing: number ❑f elionts served, number of service units provided by service, andrato per service matt willr calculations that cclllal the totil involco amount. Reimbursement amounts for administralive costs must be reflected on [lie Cost Reimbursement Summary Fornl and include only items contained nn the Contractor's Cost Analysis Form. Any requested changes to the approved budget after the execution of this contract must be submitted to the AGENCY Contract Manager for written approval, Any chant c: to (lie total contract aniolnll requires a contract amendment. 3. `]rate Confractor shall consolidate A] subcontractors' Requests for Paymcm and Receipt and Expenditurc Reports that stipport Requests for Payment and shall subnnk to the Agency using (lie aifaehed Request for Payment form, Receipt and Expenditure Report, and Cost Reimbursement Summary for Scryiecs and adlninIstrati ve expenses, which must include itemized expenditure categories; and 4. All Rcqucs(s For Pnyment shall be base'[[ oil the submission of monthly receipt and ] xi)cllditure Reports beginning with the final month of this contraul. '1'1)e scIledtrle for sllbrnission of adv Epee requests (whell available) and invoices is listed is the Ins+vice Schedule. 1). Paylnetit Withlrolding Any payment dnc by the Departllent under the terills of this con(ruct may be withheld pending the receipt irnd Approval by lire Agency of all financial mid programmatic reports clue 11,011) tile Contraclor and any adjustments therelo, including any disallowtlrrces. 26 of 63 July 2021 -,rune 2022) Ant 203.21 L, Final Invoice Ills(ructiolls The Contrawor shall submit tilt, final Request for Payment to Ilse Agellcy no later than )tily 25�2022. F. ClJUS llatta Ell II -Les for S11bcolltractoI's The Contractor must require Subcontractors to entorail Inquired data for clients all(] services Ili the CIRTS dalabase per the cun•em DOEA IIandbook and the CiRTS U.wr Manual — Aging Provider Network users (located in Dommicnls oil file CIRTS Enterprise Application Services). S1lbcoll(rac(ors must enter this data into the CIRTS prier to suhmitthig their Requests fol• Payment and Receipt and Expenditure Reports to file Contractor. The Contractor shall esmIll ish deaadltnes for completing CIRTS Bala entry and enstn•e comp) 1mice iviIll due dates for the Requests for Payment. and Receipt and l xpendiItlre Reports that Contractor must submit to the Agency. G, SubLaltti'nctors' Mnnthly GIR'l'S Rcllorfs The Contractor must mquire Subcontra tors to ring molldily CUTS reports and to verify that citenf and service data in (lie CIRTS Is aoctlral(e. This report must be submilted to the Conlractclr ►vitll 111e n1a11thly Reeiuest for Payment and Receipt and Expenditure Report and must be revielved by the C:onlractor before the Subcolltractor'S Recltiest for Paymelit anci IteceipI atld f xilendiIIim Reports can be approved by file Contractor. H. Corrective Action Plan 1. Contrartor shall ensure one hundred percent (I00o/o) of the deliverables iclen(itied ill Section II.E.1-3 of this con(rilct Eire performed pn1'suant to C011INICt reLltlirelllellls, 2. Will any time the Contractor is notified by file AGENCY Contract Mallager that it Ill's failed to correctly, Completely, or adequately pcI•form contract doliverables identified in Section II.E.1-;3 of this contract, the Contractor will have tall (10) days to submit a Corrective Action Man (CAP) to the AGENCY Contract Manager (lint addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the AGENCY Contract Manflger. The Abelliy shall assess it Financial Consequence for Noll - Compliance on the Conlractor as reforenced below ill Section 111.1. of this contract for each deficiency idemified in the CAI' which is not corrected pursuant to the CAA. The Agency will also assess a Financial] Consequence roi• failure to timely submit a CAP. 3. 1I'tlie Contractor fit! Is to correct. all ide11t1fted Ceficiency within Elie approved lime period specified ill tllc CAP, (lie Agency s}talI deduct the percentage eslablished below in Section I11,1. of this contract li'om the payment for the invoice of the following month. 4. If the Contractor fails lay tinkly submit ai CAI", (lie Agency shall (1HUCI the percentage. established below ill Section 111.1. of'thls contraw for each clay 1he CAP is overdue. The dcductioll Will be made from the paynlellt for (11e invoice of the following month. 1. Financial Cotlsequenees The Agency will withhold or reduce paytllent if the Contractor fails to perform the deliverables to (lie satisfaction of the Agency according to the requirelllents referenced in Section II.12. of Ibis colllrElc(. 'I'Ile following financial consequences will be imposed if the deliverables stated do not Moot in earl or in whole the performance criteria as outlined in Section II,I3, of [his contract. 1, Del lvery of services (o eligible clients as referenced in Seel ioil Il.A,1-3. and Sectlon 11.1;.1. of Ihis contract — fallure to comply with established nsscssmenl and prioritization criteria, as evidenced 1)), CiRTS reports, will, result in it 2%reduction of payment per business day.1110 redllclioil of payment will begin on the rust business clay following (lie Agency's notificaton to the Contractor that the identified deficiency was not cumd or sal isfactorlly nddrosscd in accord mice wild the Agency -approved C:AP, references€ in Sect !on III.I1, 2, Adnlinktrauive resl)onslbllities as referenced in Section 11.133.3. of this contrael •-- f allure to perform nlanngelnant and oversighI ofADI Program opernt ions will resinl in a 2%reductio11 ol'paynlew per business G 27 o 1' 63 July 2021 - Jutic 2022) AW 203.21 day, The 1'etloution of payment will begin the fir:sl business (fay following file Agency's notification to file Contractor that the identified deficiency vas not cured or satisfactorily addressed in Accordance will, the Agency -approved CAP, referenced ill Section II I.H. 3, Timely submission of it CAP -- Failure to timely submil n CAI' within fen (10) business days ti ier naHtteation of a deliciency by the AGENCY Contract Manager will result ill a 2% reduction of p ly111en! per bUsi11L'ss Clay the CAP is not I=eivel• The reduction of payment will begin the fii-st business day following [lie Agency's notification to the C:ontr'acior that the identified deficiency was not cured or sa(isfacturily addressed in accoixionce with the Agency Approved CAP, refcieticed in Section III.H. 4, Lxeeplions may be granted solely, in ►veiling, by (he AOHNCY confrtrcf im eager. IV. SPECIALPROVISIONS A. €+lnitll3trtlgc[:lttd ]+"undiug ltavision Ragticsts Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the AGENCY Conlract Mhiltigel• it, writing no later than hate 30, 2022. Cmail requests are considered acceptable, 11. Contractor's Fiiinitcfal Abligiklions 1. Usc of Service Dollars and Maim gem oil f of ilia Assessed 1'rlorlty Consitill er List The Colt(r aclor Is uxpcctcd to Spend all full Is providcd by (Itc Ageticy for the purpose speclfied ill Ihis contract. For each program managed by the C:onitactor, Ilie Contractor must immerge Ilie service <lotlars in such it manner to avoid havhtg a wait list and a surplus of funds At the end ol'the contract period. if the Agency determines (lint [lie Contractor is not spending service funds Accordingly, the Agency may transfer funds to other AAAs during tilt contract period andlor adjust subsegucnt funding allocations accordingly, as allowable under state and federal law. Z. Cost Sharing mid Co-pnymelts Pursuant to 1130,204(8), tilt dollar amount ror co -payments associated ivith aiiy Alalicinler's Disease [ill tlative programs must be calculated by applying the current federal poverty guidelines published by [lie U.S. Department of Health and Human Services. a. No co-paylucnts will he assessed oil it client i hose incorlic is at, or below, the federal poverty level (FPL) as established each year by the U.S. Department of Health and litiniall Services. Ii. No client may have their services terminated for inability to ;nay their zisscssed co -payment, The Contraotor, in conjunction with provider agencies, must establish procedures to remedy financial liardships associated with co -payments a»d (als(]re there is lie inter]'ulitiorl iri sc]'vlce(s) for inability fa pay. If a clielil's co -payment is reduced or waived eiitircly, a written explanation for the change must be placed in the client file• C. Ilentccllcs 1'ar Nnrlcnrifol nling Sat vices 1., '['lie Contraclor shall ensure that all goods ail dlor services provided under this contract are delivered (finely, completely, and coninietisurate with required standards of quality. Such goods and/Or services will only be delivered to eligible program pArlicipants. 2. If file Colihdctor fails to meel the pn'escribed quality standards for' 5et'NICCS, Snell Services will not be reimbursed under this contract. lit add 1tion, tiny 11011confornli119 goocls ilncllor services not nleethigStich standards will not be reimbursed under this contract, 1'fle ContrltGor's slglialuro oil the Request for Paymeal Foriti ccrtifle5 illaintelia?1Ccof stipporl']ngcfoaurrientation and acknowledgement thal (lie Contractor shall solely bear the costs assneiAtcd Mill pt�ltar ing nr providing11Uilenilfel'illing goods and/or services. The Agency requires n 0 29 of 03 riu1), 2021 - Jun 2022) A11I203.21 immediate notice of any significant luldlor systemic infractions thal compromise the quality, security, or conlllltnly ofservicos to clients. 1). Incident Reporting The Contl'aclor shall nollfy the Agency inimed'sately but no ialor Ihan forly-cig€ll (48) hours firon1 (tie Contractor's marcness Or discovery of changes that may material ly affect the Contractor or tiny Subcontractor's abilIly to porforin the services required to ale pet'Cori ried under Ibis wiiIract and i11 autIlarizing 1)rovlSo. Shell 11011ccshalI be made orally to (lie AGENCY Contract Manager (lay (elephone) with till cola€1 to Iillmediately follow, ► hich shall include the Conlractor's plats for provision of services milhorixed in proviso. E. Investigation ofCrtnllunI Allegtltions Any report (flat implies criminal intent on the part of the Coniractor or ony Subcontractors and referred to a governmental or investigatory agency must be sent to [he Agency. If the Contractor has reason to believe that the .allegations ►vial be referred to the Slate Attorney, a law cilfol-cellienI agency, lire United Slates Attorney's office, or Other governmental agency, the Contractor sllalll no(ify tile Inspector General at the Agency immediately. A copy of Hai documents, reports, notes, or ollie$- written material concerning the investigation, wiletllcl. ill t€le possession of the Contractor at- Sliheb11tractors, 111[ist be sent to the Department's Inspector General wit11 a summary of the investigation and allegations, Ir. Volunteers If applicable, Ilie Contractor Shall enstire tile use of trained vol umoers 111 providIng (Iireet services (IC[ivered to older individuals and individuals with disabilities neoding such services. If possible, tile Contractor shall work ill Coordinot ioll wi111 organixalIons that have ONpe'ionce in providing tralinil g, placoment, and stipends foi' volunteers o]• participants (such as organirr11Ions carrying out federal se!'viee programs administered by (tic Corporation For National kind Ce1111111111i(y Service). sir. ]Cllforceilleltf 1. In accordance will Section 430.04, the Agency May, ►vilhout taking any intermediate measures available to it against llie Contractor, rescind talc Contractor's designation as an AAA, if the Agency finds (lint any of the following have Occurred: a. Ali intentional of negligent not of (Ile C❑nractor has materially affected the llculth, welfare, or safely of cliellis, of substantially and negalively affected (lie operation of set -vices covered pursual]l to this contraul. b. The. Contractor lacks finanolat s(abilily sufficient to nice( contraotual oi)ligations or that ContraCltial funds have been misappropriated. c, The C:t ntracloi' has committed intiltiple or repeatled violations of legal imrt rogulntory rogiliroinenls, regardloss of►vhelliersuch laws m regalations are enforced by the Agency, or the Contractor has committed multiple or repented violations of Agency standards. d. 'file Contractor has failed to continlie Ilie provision oar expans€on of ser►r€ces after (lie declaration of a state of ell) ergoIloy. c. The Contractor has fniled to adhere (a ille terms of' Ill Is contract. f, The Contractor has failed to properly datcrmille client eligibility as defitiod by the Agency or efficiently inanage program budgets; or The Contractor llas failed t❑ implement and maintain it Agency -approved oliealt grievance resolution procedure. 2. If tlic Agency finds that any acts lis(ed in Scciion I V.G.1,,n.-g. above leave Occurred, in ticcordanco wilil Section 430,04, F.S., the Agency may, in its sole discretion, take intermediate ]Measures agaitlst the Coiliractol•, including corrective action, untarinouneed spcc€a] mnnitorilig, temporary asstnllpiiOil of (he operation of one or more contractual services, placement of the Conl3'itclor oil probationary status, Imposing a Illoralorium oil CoiArnelor action, imposing financial penal des for lionporformatice, or other administratiive action pursuant to Chapter 120, F.S. ( 3 d 29 of 63 ;July 2021 -June 2022) AM 203.2I. 3, In making any dotorminalion under this proykion, tltc Agency 11tay rely ttprnl rindjags of ano[ha state or federn] agency, or outer rogulatory body. Any claiius f'or damages for breach of conlract arc exempt from nd mi n is I ral ive pi-occedings and shell be brought before the appropriate c11(ity ill the ven►le of Loon County, Florida, In the event the Agency initiates Diction to rescind an AAA dcsigmmtion, the Agency shall follow the procedures set forth in 12 U. S. C. § 3025(b). tsA11) OFA77ACHMENT 3o or 63 Jrtly 2021 - .Irate 2022) ADI 203.21 NI" I'ACNME'NT 11 MNANCIAL AND COMI'LIANCI, AUDIT Tile aclminis(ration of resources awarded by the Agency to the C onlraclor may be subject to andits and/or moniloring by the Agency, as described in this scetiolt, MONITOUING In addi doll (0 revionvs of aucliis conducted in accordance with 2 CM Put 200 (formerly OMB Circular A-133 as revised), and Section 215.97, V.S., (see "AUDITS" below), monitor! tip, procedures nlny include, but not be limited to, on -site visits by [he Agency staff, liliii(cd scope audils andlor other procedures. By clitering into this corllmo, the Contractor agrees to comply thud cooperate with any moniloring procedumslprocesses deemed appropriate by the Agency. In the event. the Agency determines that it limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Agarlcy to tho Conlrrlclor regarding such aticm, The Contractor further agrees to comply and cooperate with any inspections, reviews, itivestigalions, or audits deemed necessary by (lie Chlof Pinancial Officer (CFO) or Auditor General. AUDITS PART I: FED E,11ALLY F UNDI;D This part is applictlble If the Contractor is a State or local government or n noel -profit organizatlon as defined in 2 CFR Pat-[ 200, Subpart A. lit file event that [lie Contractor expends $750,000.00 or more ill federal awards during its fiscal year, the Contractor must have. it single or program -specific ,tiiclj( conducted ill accordance with the provisions of 2 GFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources nwrlydcd through (lie Agency by this contract, In determining (lie federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including federal resources received from the Agency, The doterminatioil of amounts of Federal awards expended should be Ili accordance wl(it 2 CFR tart 200. An afld'tt orthe C ontrac(or conducted by the Auditor General ill accordance w!Ili the provisions oft CPIZ fart 200 will meet Ilie reciuirenlents of this part, In connection with tits audit requirenienis addressed in 11ar't 1, paragraph 1, the Contractor shrill fulfill the rt:quicenicnls relative to auditce responsibiIiIits as provided ili 2 CPR § 200.508. If file Contractor expends less than $750,000,00 in federrll awards in its fiscal year, rill andil conductcd in accordance with tllc provisions of 2 CVR Part 200 is not required. In the event that tiic Contractor expends less tlla:i $750,000.00 ill fiudoral awards in its fiscal year and elects to IlaV0 all audit COMI ctccl in accorctancc with the provisions of 2 CVK fart 200, the cost of the audl( mils[ be paid from troll -federal resources (i.e., the Cost of such alrclit must be, paid from Con(ractor resources obtained Proln other [tan federal entities.) All audit conducted in accordance with (his part shrill cover Ilse entire organization for tile ergallixation's fiscal year. Compllance tlndIng relrtted to Contracts wi(h the Agency shall be based Oil Ilse col ltract'S regt1imilio ts, inchlding ally rules, regulations, or statutes referenced in the contract, The financial sfaterncllts shall clisclose whether or not the matebing l'equirenlent was met for each applicable contract. All clues(ioncd costs and liabilities duc to the Agency sliall be fully disclosed in (lie audit report with reference (o the Agency contract involved. If not otlierivise diselosud as required by 2 C11It § 200,510, the uhedule of expendilures of federal awards 8111111 identify expenditures by cow raut nuniber for each contract with the Agency in effect during tie audit period. financial reporting packaps required under this part ]nest be submitled within the earlier of 30 days after receipt of the audit report or 4 montils after (lie end of the Contractor's fiscal year end. PART 11: STATE, FUNDED 3.l of 63 July 2021 - .1unu 2022) This part is applicable if the Contractor is a 11o11-Slate enlily its debited by Secllon 215.97(2), F.S. ADI 203.2I In the event that the CoW mctor expends a total anlo►ntt of slide financial assistance equal to or Ill excess of $750,000.00 in any fiscal year of such Conb•aclor, the Contractor 11111st leave a Stale single or project -specific audit to]. such fiscal yChr i11 accordance with Section 215.97, F,S,; applicable l'alles of lllc ❑epartillcal of I'inallcial Services; and Chapler 10.550 (local govei'11i11elliai ClltiteS) or 10.650 (nmproflt and for -profit organizations), Rules of (lie Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Agency by this eonfracl. N delcrmilling the state fina111cial assistance expended in its fiscal year, the Coltractor shall consider till sources ofstate flanticial assistance, lncludilig slate financial assistance received from the Agency, other stale agencies, and ollter non- slate enIIIIes. Slate financial assistance does not itic ludc Federal direct or 1)1199-I11rougiI awaI'd 5 alld resources receivedI by anoti- s late entity for I',ederaI prop rlutI ]hatching regitireill enIS• In connection with the audit requirements addressed ill Part 11, par'jgrapll 1, (lie Contractor shall ensure (flat (lie audit complies wills the requirements of Seciion 215.97(8), €'.S. This includes submission of a financial reporting package as defined by Scctlon 21.5.97(2), F,S,, and Chapter 10.550 (local governmental entities) or 10,650 (nonprotil and For -profit organizations), Rules of the Auditor General. if the Contractor expends less llmn $750,000.00 ill state financial assistance in its fiscal yaar, all audll collducictl in accoIYiance with Ills provisions of Section 2 15.97, 11. S., is riot regI]iredl. hl 111e event that the Colit 1.0c[or expends less 111a11 $750,000.00 in state financial assis[ance in its fiscal year a11d elects to have all audit condtictcd in accordance with the provisions of Section 215.97, l .S„ 1lle cost of the audit plus[ be paid from Lilo non -state entity's resources (i.e., i11e cost of such all audit mum be paid from the Contractor resourm oblalned frot11 other than State entities), Ali audit conducted in m=rtlallcc with (ills part shall cover the entire 0rgani7_atiol1 for the 0tgani7ati0ll'S fiscal yeal'. Compliance findings related to contracts ►vith the Agency shall be based oil the contract's regUil'e111C11tS, including an), applicable rules, regulations, of statwos. The financial statements shall dlselose whether oi' not the nlalching requirement was Met for each applicable contract. All questioned costs and liabilities due to the Agency sliall be fully disclosed in the audit report with reference to ilia Agency contract involved. II' not otherwise disclosed as required by Mule 691- 5,003, F.A.C., the scl]ed0le of Uilelldittlres of state fiilallcial assistance shall Identify expenditures. by contract number for cacti contract with [tie !Agency to effect during the audit period. For local governmental entities, f]tioneial reporting packages required under this part nitlst be subnlifted within ,15 clays after delivery of file tuidi[ report, but no lacer than 12 nlonEtis after file Cgnlractor,s fiscal yetu• end. 1'0r soil -profit or• foi- pro fit organizations, flrlatic ial reporting packages required tender fhis part lutist be submitted within 45 clays after delivery of the audit report, but tic? kiler lhan 9 nlontfls after the Contractors 0scall year end. Nolw'ithstanding the applicability tlf [Iris portion, the Agency retains all right and obi igalIonto ill olli(or anti oversee the performance of this contract its outlined throubllouf this document and pursuant to InNY. r ART 111: REPORT SUBMISSION Copies of f,nancial reporting packages for apt{fits conducted in accordance Ivifh 2 CFR Part 200 and required by 1'iti'l 1 of this Financial Coillpliance Audit Attachment, shall he submitted, when required by 2 Chit § 200.5I2 by or oil bell alf of the Contractor d! rectly to each of the fol lowing: Federal Audit Clearinghouse BI1r act or IIte Cellsns 1201 Ens( 101" Street Jeffersonvllic, IN 47132, Pnt:suant to 2 CI-IZ § 200.512, all whel' Federal agencies, pass-1111'ougll entities and olltcrs interested in a reporl'ing package and (Iota collection form nitist obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of ally management letter issued by the auditor directly to Zile Agency. 32 (if 63 July 2021 - Jtuic 2022) ADI 203.21 Area Agency on Aghib for Sou iihwest Florida, Inc, Richard Coechteri, Director of Finance 2830 Winkler Ave, Suite 112 Fort Myers, FL 33916 Additionally, copies of financlal reporting packages required by this contraet's Financial Compliance Audit Attaclhnhent, fart 11, sihatlI be submitted by oi• oil behalf of the Con trActor d'knAb, to each of the following; The Agency at Ilhe following address: Aron Agency grit Aging for South-west Florida, Ilte. Richard Cocchieri, Director of Finance 2830 Winkler Ave, Suite I12 Fort Myers, FL 33916 The Auditor General's Office at the following; address: State of Florldil Auditor General Claude Pepper 13u€](ling, Rvona 574 III West Madison Street Tallahassee, Florida 32399-1450 Any reports, management Icttcrs, or other infornh,atiOil required to be submi€ted to tlac Agency pursuant to this contract shall be submitted timely In aaccordancc with 2 G It Part 200, F.S., anti Chapter 10.550 (local governmental entities) or 10.650 (nonprofil and for -profit organizations), hallos (if the Auditor General, as applicable, Contractors, ►v€ten submitting fmancial reporting packages to the Agency for au(ilts [lone in aaccordaanceNvitlh 2 CPR Part200 or C:hapler 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organl2a(ims), Mules of tlla Auditor General, should indicnte the date that the reporting paaakagc was delivered to the Contractor in correspondence accompanying tlhe reporting package. VAH,r 1V: RECO]RD ItE'TEN'TION The Contractor shall retain sufficient records demonstrating ils compliance witch the terms of (his contract for as period of six (6) years from the date the audit report is issued, and shall allow (lie Agency or its [lesignee, the C F0, or Auditor General access to such records upon rcgtiest. The Contractor shall ensure tbaf alldiI working papers are abide favai [able to tllo Agency or its designee, CVO, or Auditor Getieral upon roguest for a period of six (6) years From the date the audit report is issued, Linn 55 extended in writ Ing by Ilse Agelhcy. 33 of 63 Dull" 2.02I - June 2022) AT I'ACIIMENT 11-11:XHIBIT I PART I: ACfDIT RELATIONSI-I1P DETERMINATION AD1203,21 Contractors iYhe receive stale or federal mourcos may or may not be subj eel I iIle autlll requirenienls oft CVR Part 200 and/or Soclion 215.97, F.S. C ontraclors ► ho are data mined to be recipients or sub -recipients of fedcrarl awards andlor state financial assistance may bu Subject 10 the audit requircmeuls If tile audit threshold I'Cquirelllellis set forill ill Part I and/or f Art II of Exh€bli I wo met. Contractors who have been determined to be Yondors are not subject to the all{ill requirements of 2 CFR § 200.38 andlor Section 215.97, F.S. Ilegardless of whether tilt audit requirements are met, Coniniclors who 1mve been determiled to be reciplelm or sub-fecipients of Federal slwards and/or State, fills racial assistance In list comply Ivilh appilcable prograniniatic acid fiscal complia»Ce requirements. hi alccordancoivith 2 Cl'lt fart 200 anchor Ittlle 69I-5.006, F.A,C., Contraclor has been determined to be: _Vendor not subIeel to 2 CFR § 200.38 and/or See(! oil 21 S 97, I'.S. _Recipientlsub-recipient subjcc( to 2 C lqt §§ 200.8E and 200.93 andlor Section 215,97, F.S, —Exempt organization not subject to 2 CF11 fart 200 andlor Section 215.97, F.S. For Federal awards, IQr-Profit 0rg0Ili7.atl0riS are e=llpt', fOr State financial assistance projects, public Lill! YC1'Sili0S, C011lilltlilily C01ICgCS, distl'ICI School boards, branches of state (Flor'ida) government, and charter schools arc exempt, Exempt organizations must comply with ill compliaillce requir'emenis set forlh wiIItin Ilse contract Or RWHI'd ciocunlenl, NOTE: if a Contractor is determined to be a rcGipicatlsub-1ecipient of federal and/or slaic rinancial assistance, and has been approved by (lie Agency to silbcolltract, they must comply Ivith Section 2I5.97(7), F.S., and Rule 691-5,006, I'-,A,C, [state financial assislalrlcej and/or 2 CFR § 200.330 [federal awards]. PARTII: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OIt STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal awards, state nialntenance of effort funds, or state malching funds on Federal a11'al'ds and who are determined to be a sub - recipient must comply wills the following fiscal laws, rules, and regulations: STATES, LOCAL GOVERNMEN'rS AND INDIAN TRIBES MUST FOLLOW: 2 CFR § 200,416 - § 200.417 — Special Considerations for States, Local Governments, and Indian Tribes* 2 CIFR § 200.201 — A(Iminisirotive Requircinenls** 2 CPR § 200 Subpart F — Audit Requirements 11cference Guide for State Bxpenditures Other fiscal requirements set forth In program laws, rules, and regulations NON-PItO I'T ORGANIZXFIONS MUST FOLLOW; 2 CPR § 200A00 - § 200.411 — Cost Principles* 2 CFR § 200.100 — AdministraliYe ReclllIYelllents 2 CPR § 200 Subparl F—Atldit Rcqulr'otllCn;s Reference Guide for Slate Lxpendituras Other fiscal requirements set forth ill program laws, rules, and regulations EDUCATIONAL. INSTITUTIONS (EVEN III A PARTOF A STATE, OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CF It § 200.418 -- § 200,419— Special Cons ideratlons for Institutions of Higher 1?dueatioll* 2 CFR § 200.I00 — AdminisiratlYe Requirements 2 CPR § 200 Subpart F---Atldil Requtraments Reference Guide for Slate rxpetidilures Other fiscal requirerliellts set forth ill progl'11111 lams, rules, and regulations *Sonic Pederal programs may be exempted from compllalllue Nvilll the Cost Pr illclples Circulars as noted 111 2 CIIR §200,400(5)(c). 34 of 03 luly 2021 -.Tuna 2022) AD1 203.21 **For funding passed Ihrough U.S. I-IGllllh Fuld I itiman ScrviCos, 45 CFR Part 75; flor funding passed Ihrough U-S. ❑epartmenl ofEducalion, 34 CFR fart 90. STATE FINANCIAL ASSISTANCE. Conlractors ►vllo recoive slate financhil assislance and who are dotermined to he a reoipienllsub-recipient must comply Nvith the following fiscal laws, rules, and rogulallons: Sections 215.97 & 21 S 971, I.S. Chapter 691-S, F.A.C. Stale Projects Compliance Supplement 1Zeforencc Guide for StIII C Expenditures Other fiscal requimmonts so( forth in program laws, rules, and regulations 35 of 63 3u1), 2021- .Iniie 2022) ADI 203.21 ATTACHMENT II-EXH113IT 2 FUNDING SUMMARY (2021-2022) Note: 'Title 2 C17R, as revised, and Section 215.97, F.S., reclulre that (lie info1'IT]attlpll about federal Programs and State Projects included In Attaoliment 11, Exliihil 1, be provided to the recipient, Informal ion contained herein is a prediction of funding sources and related amounts based on Ilie contract budget. 1. FPt DERAL JIFSOURCL;S AWAIZI)EI)'rO THI. SUBRECIPIENT PURSUANT" 1'O THIS CONTIACT CONSIST OIL TH1; FOLLOWING. GRANT AWARD (FAIN#)-. VEDERAL AWARD DATE; DUNS NUMBER; PROGRAM TITLE FUNDING SOI3RCE CFDA AMOUNT TOTAL FLllERAL AWARD COMPLIANCE REQUIREMENTS APPILICAI3LETO'1 HE FI{ DERALRTSOURCES AWA1WEI) VURSUANT TO TH IS CONTRACT ARE AS FOLLOWS; FEDERAL FUNDS: 2 CPR Part 200 — Uniform Administrntive Requirements, Cost Principles, and Audit Requircnicnts for Fecieral Awards. OM Circular A-133 — Audits of Slales, Local Governments, and Non -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TI-118 CONTRACT CONSIST OF THE I+OLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE, FUNDING SOURCE CFDA AMOUNT TOTAL STA`rR AWARD STATE FINANCIAL ASSISTANCE SUBJECTTO SECTION 215.97, F.S. PROGRAM TrrLR FUNI)ING SOURCE CSFA AMOUNT Alzheltner's Disease Initiative General Revenuc 65,004 $504,968.54 IOTA L AW ARD $504,968.5 4 COMPLIANCE REQUIREMENTS APPLICABLE Tt3 STATE: RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Sections 215.97 & 215.971,1-,5,, Chaptcr 691-5, F,A.C„ State l"roicats Compliance Suppletuetit Roforence Guide for State Expenditures Other fiscal requirements set forth in program lanes, rules, and regulatiolis (I 7D 36 of 63 July 2021 -June 2022) AT'PAC:IIMENT III CERTIFICATIONS AND ASSURANCES AGBNCY will not award this will raw unless Contractor completes this CEIt'f'IFIC'ATIDNS ANT) ASS U1tANCES. 111per110rina11cc of this Col l[racl, Col II'll elnr pro Vides (lie foI10wialg ccrtifacat ioiis liltd assurances; AM 203.21 A. Debarment and Sns tension Certification 29 CM l'aN 95 and 415 CFR Part 75 B. Certification ltegfwdIli g Lobbying (99 CM Part 93 Fill 45 Q 1Z I'iart 93 C. Nondiscrimination & Ec iml Oppm-timi(y Assurance 29 CM 11111- 37 lard ,15 CFR fart 80 1). Cel•tifientlou Re gaai-din , I'nbllc I!m(ii y Crimes section 287.133 It.S. F„ Association of Con unlit y Or=auiz atlons for Rel'oran Now ACORN Rind as r Itcsirietiuns Assurrrltcc (Pub. L.111-117� F. Scrutinized Companies Lists and Nil I3oycott of Israel Certification, section 287.135, P.,S, G, Certificalioll Re -pardin ■ Data lilileLwl(y Compliance for Coutnicts Agreements, Graants Loans land CqQ eutflye Agreements II. Verifieatioil ofT;rlltiloymenl,Status Certification I, Reem-cl_s and _Docuanen(plion J. Cel'Iifictatioal ltok' ldIli 7 Inspection of.Pllblie Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OT11F.R RESPONSIMLITY MATTERS — PIUMARY COVERED TIZANSACTION. The undersigned Contractor cerlifics, to the hest ol'its knowledge and belied, []lilt it and 1ts principals; 1. Are not presently debarred, suspended, proposed I'or debarment, declared ineligible, or ►voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not ► ithin a Ilu•ce-year period precedijig Ill is contract been convicted or had a eivi 1.1 udgment. rendered against then] for commission of fraud or a Grill)inal effbilge in coillleGiloll with obtaining, attempting to obtain, or performing a public (Federal, Slate, of local) Iransacllon of contract uIldcl. a pobllc transaolion; vlolalion of I'ecleral or State mitilraam sl atutes or commission of ellibezzlelnelli, ]]left, forgory, bribery, falsification or destruction of records, making fulsc slcatements, or receiving stolen property; 3. Are not presently indided or otherwise criminally or civilly charged by a government endly (Federal, State, or local) ►vilh commission of any of the offenses entimcrated in paragraph A.2. of this ceinif ication; andlor d. Have not within a three-year period preceding this appllent ionlproposal had one or more public transtictions (Federal, Stale, or local) form inaled for cause of deftuall. The undersigned shall require that language of This certiflcaltioil be included in the documents for ail subcontracts at all tiers (Including subcontracts, slat! -grants, and contracts under grants, loans, and cooporallv0 agreements) and dial all still -recipients and contraadors Shall provide this certification accordingly. B. CEIVVIFICATION REGARDING LOBBYING — CEIt11F1CATION FOR CONTRACTS, GRANTS, LOANS, AND COf)1'ERATIVE AG11BE, MEN,r,5. The undersigned Contractor cerlifics, to Ilse best of its knowledgeand beiicf, Ihot; No Federal appropriated !finds have been pall or will be ]raid, by or on behalf of the undersigned, to any person fnlr inf lelluiaig or attempting to influence an officer or employee of congress or till enrployco of a Memberof Congress in connection with lhca►varding of ally 1'cclei-al contract, the makingof any Federal gran[, the allakingof any Federal loall,� 37 of Q ,lu ly 2021 - ,rude 2022) ADI 203.21 the entering into o€'allly Cooperative agreement, all(] the exMiMon, continuation, reneival, amendine nt, o]' modification of any Federal contract, grant, loan, or coolrerlitive agrocluent, If any funds other (inn Federal appropriated funds lithe been paid or will be paid to nny person for influencing or aatlempting to influence all officer or employee of any agency, to Member of Congress, fill officer or employee of Congress, or employee of al Member of Congress in connection with a Federal contract, graall, loan, or coclperativo agreement, the undersigned shall] also colup€etc alld sUbnlit Standard Form -- LLL, "Diselosure Form to Metter( l,obby]ng," in necortlance with its instructions. The undersigned shall require flint language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants, all([ coutracls under grants, loalls, and cooperalive agreerllBills) and that all sub-reolpion ts and contractors shall certify and disclose necord1ngly. 'I'his certificatlon is ai materia[ relireselilotion or fact upoll which reliailce was placed when this contract was Inaldu of Cnle4'ed into. Stlbinission clf this Cerli ieatioll is a t rerequisile for ilia kfng or ente['ing lilto this conlract imposed by 31 U.S.C. § 1352. Ally person who fails to file (lie recluired cort i [I cat I oil shall be subject to a civil penalty of liot less (frill $10,000 and not more shall $100,000 for each such failure. C. NON- DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). - As it 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 €11dividtlaals in the ullilcd Stales on the basis of race, color, religion, sex, naalionnl origin, ago, disability, political affi€iation, or belief, and ago! list belleficiaries on Ilie basis of ei(tier citizcnshiplstatus as a lawfully adnit (ted Immigrant nu(liorized to work ill the United States or partcipalion ill ally WIA 'Title I -Financially assisted program or activity. 2, Ti lie VI of the C1viI Rights Act of 196di (Pull.1.. 88.352), as amended, and at( requiromools imposed by or pursuant to the Regulalioat of the Department of Health and 1-1uninn Services (45 C1�R Part 80), to the end (hat, ill accordance with TiI€e V1 of that Act and Itie Regolatioll, 110 person in the united Stales shall, on (he ground of race, color, or national origin, be excluded froln parfiolpa#ion in, be denied (he benefits of, or be olllerwise subjected to discriminalion Linder tiny prograln or activity for which (lie Applicant receives Federal financial assistance front the Agency. 3. Seel !oil 504 of the Rehab! 1italion Act of 1973 (Pub. L. 93-1 12), as amended, and ill retluirements 'imposed by or pursuant to (he Regulation of the Depart anent of 1-1eallh and Hllnian Services (45 CFR Pat-[ Hit), to the end that, lu accordance with Sect ioil 504 of [hat Act 011e1 the Reg'Ulaticlal, no olherwise gUalified handicapped ilictividual ill the Uliiled Stoics shaft, solely by reason of his hand left p, be excluded front participation hi, be denied (lie benefits of, of- be subjected (o discrimination under any program or activity far which the Applieanl receives Federal financial assistance from the Dopal'iment. d, The Age ❑iscriminaa(ion Act of 1975 (Pub. 1.. 94-135), its amended, and all regu]renlents imposed by or pursuant to She Regulatlorl of the Depar(ment of Health and Human Services (45 CFR Part 91), to the end that, in accordance with the Act and the Reg u]at 1oil, no persoll in the United Status shall, on the basis of age, be denied Isle benefits of, be excluded from pirticipallon ill, or be subjectcdi (o discrimination under any program or activity for which the Applicant l-eceives l-ederoj financial assis(aallce from the Department. 5, Ti tic IX of Itic Cducat]oil Amentinients of 1972 (Pub, L. 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Departmon( of Health ail([ Humaai Services (45 CFR Part 86), to the cad that, in necorditnce, with I'll to I and the Rep 10ion, 110 person in Ole Ullited States shall, oil the baas]s of sex, be excluded from participation ill, be denied (he belletlls of, ar be otherwise subjected to discriill inal!on under any education prograiill of, activity for whicll the Applieaill receives Federal 1111aaneiaal Ilssimance from Ilse DepartlllenI, G. 'rile American wit l Disabilities Act of 1990 (1'ub. L. 101-330), whioil prohibits discriminat!oil in all 0111ploymorat practices Including job application procedures, luring, firing, advarlecmciit, compensation, training, and other lerms, colitiitlons, and privileges ofemployment. It alpplies to i'ecl'llitnlent, aiclvertisiilg, tenure, layoff, Icavc, rringe tlelaefils, and all other employment-rolaated:letivilics. 7. Contractor also assures (flat it �viil comply with 29 CFR fart 37 all(] all oilier regtalat€ons illiplelllcnling (lie liars listed above. 'Mis assUrance applies to Contractor's operation of the WIA 'Title I — financially assisted program of - activity, land to at I contracts Contractor makes to carry out (lie W1A Title i -- flliancially assistedI prograill of, alclivlty. n v 0 38 of 63 Mill), 2021 -,Iuhta 2022) AUI203.21 Contractor under-slands that DOBA and thu United Spites have llhe righl to seek .judicial onforcelllent of the assill'alhce. The undersigned shall require that languago of this assurance he included in the doct mvnts for till subconlracts at all tiers (iiieluding subcontracts, sub-gra11(s, and convacis onder grants, loans, and cooperative agrocnhcllis) and that till stlb- roc ipients itnd coniractors shrill provide this ass ti rancc accordingly. 13, CLRTI FICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor lie reby ccI-(iIll es III a(1101tlter It, not' any person 01,a IIa10 of C:OIIU'aCtol', Ills been convicled o f a I'db11c l;l1tity Crime as defined in section 287.133, V,S., nor placed oil the convicted Vendor list, Contractor limlol:stands and agrees ilia( it is required to inform AGENCY in niediately upon ally ciltlnge of circumstances reginyling (ills stales. R. ASSOCIATION OIL COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RHSTRICTIONS ASSURANCE (Fub. L. 111-117). As a condition of the Contract, Contractor assures that it Will comply fill ly with the federal funding restr'icliolls pertaining to ACORN and iIs subsidiarles per tlie Consolidate(1 A pproprial ions Act, 2010, Division E, Section 511 (Pub, L. 111-117). The Continuing Appropriations A0, 2011, Sections 101 and 103 (Pub. L. 111-242), provides Ihal appropriations Riede under Pub. L, I I I - I 17 are available tinder the condl(lons Iprovlded by Pub, L. I I 1-117. The tindersigned shall require that language of this assurance its included in (Ile dOC11111ethtS for' all Snbconlracts tit all tiers (iticluding sit bconh'acls, sub -grants and contracts ender grants, loans mid coopera(ive agreements) and that ill sub - recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS AND NO I3OYCO1"r ❑F ISRA1r% CERTIFICATION, SECTION 287.135, F.S. In accordance With section 287.135, 11,3., Contractor hereby ceri fies Ilia( it lilts not boon placed oil the Scrutinized Companies ilia Boycott Israel List and that it is not engaged in a boycott of Israel, If tills contract is Ili the arnonnt ❑l $1 million or more, in accordance 1Villh the I'CgUil'C111011tS of section 287,135, F.S., Contractor I1e1nliy CoriIf-los that II Is not iisted on either the Scrutinized Companies with Aetivitics 111 Sud nil Dist Or the Scrlitnized Companies ivillh Activities ill file 1i'a!1 Pell'olouill Energy Sector List and (hall it is not engaged in busllloss operillions in Cuba of Syria. Contractor understands that pursuant to section 287.135, F,4,, the stibillissioll of a false cerlificalion play result in the Agency terininatingthis contract all(( the submission of a (also cerlificatioi1pellalllesand attorticy fees and costs, including ally costs for investigations that led to (lie finding of false certification. if Contractor is unable to certify any of the statements lit this cel'IIfictitioil, Conl1'actor shall attach all C\p[anal]on to tills contract. G. CERTIFICATION REGrARD1NG DATA INTEGRITY COMPLIANCE FOR CONTRACTS, ACRE' EMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS I, The Couiraclor and any Subcontractors of services under this contract have financial lilallagenlent syslclns capable of providing certain information, including: (1) accitr'ale, currelht, till([ c0111pIO(O disclosure Or1110 fillanoialreslllls of each grant -funded project or program in accordance ►vith the prescribed reporting requirements; (2) the source and appi[eat [on of funds for nil contract supported activities; and (:3) the CUn)pill'Ison of onllays with blldgeled amot111ts for each axward.'I'he inability to process infol'lnation in accordance wiill these mluirenhents could result in ill relrlr'n of grant funds (lint have not been accounted tar properly, 2, Managemonl Information Systeuts used by the Contractor, Subcontractors, or any oulsidc entity on which t}tc Contractor its dependent for data Ilia( is (o be YCIM10d, lransnliltcd, el' calculated have been assessed and verified 0 G 39 of 63 July 2021 - June 2022) 10 be capable of' prtice;lsijig data accurately, including year -date dependent data, For Ihose systems idalllificd to be poll-comp11a111, Cou[raclors will Inkc immediate action to its sure data iIIlog city. If Illis Contract iIieltIdus life 1)1-0f+isioI10 f f la rd Nva re, so11Worc, rii'lnware, Iilicrocode, or lillbudded cIIi1) tech noIll9y, the undersigned warrants hint Ihcsc products are capnblo of processing, yenr-date dependcril dal accurately. All versions of these products offered by the Contractor (represented by the )un(lersigned) tend purchased by the state will be verified for accuracy and h1[eggrity of data prior to Iransfcr. 3. ADt 203.21 4, In the evenf of ally decrease in functionality related to time and date related codes and intornal. subroutines that impede the hard► ilre or soil►vare programs ftom Dperating properly, [he Cautractol' agrees to iinmedialely maize requiml corrections to restore hal•dWare and soflware programs to tile smile love) of functionality as warranted 11croill, at no charge to lire state, nud without interruption to the ongoing husitless of the state, time being of the essence. 5. The Contractor and ally Subcontractors of sorvice3 mider 1111s colltrile't wtirralll thllt thch, polities and proce(uro lnclllde it ilisastor plan to I royide for sel'vioe (101ivery to Wiirint c 111 case of Fill elllol'genoy, illeltldljig emergenuies arising from dalit integrity compliance issues. H. VERI);<ICATION OF EMPLOYMENT STATUS CEIRTWICATION As a condition of contracting; with the Agency, Coll Iractor certifies the use or (lie U.S. Deparlment of Homeland Security's C-verify syslcill I verify t[1e employIilent eligibility of al] new el11pIoyccs Erred by Contractor during the coutr•ttct lean to perform etliploylncnt duties pursllanl to this contract, and that itrly s01600111MCts include art express r'egitII'C111e11t that SWIC0111rRCtOrs purforming \york or providing services pllrstlant to I[Iis cont ract Lill Ii'/.e the H-verify system [o vcrit'y the employmellt eligibility of all new employees hired by tiie Subcout motor during; the entire contract lerlll. The Colllractor shall reelLit re that the language of thls certification be 'Incltided in all sub-tlgrccrncnts, sub -grunts, allcl other ag;recnlcntslcontracts and that ail Subcontractors shall certify compl1Lince accordingly. This certification is a matcrial representation of fact 11]1D11 which letinllce )vas 1?1aced when (his contract Was Ill&de or entered into. Subtmissioll of this cerlificatioll is a prereeguisito for )nuking; or ontcring;1alo this contract i111posed by CiI•cultirs A-102 and 2 CFR Part 200 and 215 (formerly OMB Circular A-1 10). 1, RECORDS AND DOCUMENTATION The Contractor agrees to snake available to Agency staff tvidlor ally party designated by the Agency any nndail contract related records mid doetlmental loil. The Contractor snail ensure the coltcction and nlailltullance of all program related information and doelltilentatiilll oil ally slicli system desig hated by the Agency. Mnintennlice includes valid exports and backups of all data and systems according to Agency slandurds. J. CER'I'Ik+ICATION REGARDING INSPECi1'ION OF PUBLIC RECORDS I. In lid dition to the requirements of Section 10 of the Stalldarcl Contract, sections 119.0701(3) and (4)113., and any other applicable law, 1f a civil actioll is commenced as contemplated by section 1 19.070)(4), F.S„ and the Agency is named ill the civil action, contractor agrees to indemnify anti hold harmless the Agency for tiny costs incurred by the Agency and tidy attol'11eys' fees assessed of awarded against the Agency CI'om a Publio Records Request made. pal-suallt 10 Chapter 119, F.S., concerning #hi;; cnrllract or services performed thercu ider. a. Not withstand ijig section 1 19,0701, C.S., or other Florida i;,Av, Illis seclioil is nell 1ppiicablo to contracts executed between the Agency and state. agencies or subdivisions defined ill section 768.28(2), 1'.S. 2, Section 119.0] (3), F.S.; states if public funds are expended by an agency ill paymenl of dtios or membership cantribulions for any person, corporation, foulidatioll, trust, associal ion, group, or other orgatlizatioll, all the Cnallcial, business, mid membership records of such all entity which P01'10111 to (lie pliblic agency (Florida Dopal'tment of Rider Aff drs) are pub is records. Section 1 19.07, P,S, states IllaI every pcl:son lvllo 11as cuslody of such a public record shall permit the record to be, inspected and copied by ally person desiring to (to so, tlrlder rensonable circumstances, n C 40 of G3 :.Itll3, 2021 -,tune 2022) AD1203.21 Acklilionaily, I corliry this organization docs� x—(Ives trot prnvi(ie 1'61. instilniional tilemberships. Cnlltl'aelnr's sigwiture below attests thilt rmor(ls pertaining to the (Ices or membership alrPlicaticu3 by tho Agciley aroavallable for inspeclion if app€icable, as slate(I above. By cNecution of this contract, Conlractor (mist include these iarovisions (A-J) iii all related subcontract agreciilent5 (if apPlicable), BY signing below, Contractor eerlilics Ihil( Ilse rei)reselilatlens will lill:(l in Paris A ill rough J above tire true aild correct. IP. 3339 Tamiami Trail E Suite 211 Si natttrc 1111(171 le of 0A 11re esetltlltive Strect Aciciress Iyaniel R Rodri u Collier County Board of Comrnqssionens I Naples, 1~L 34112 Con(vactor llatc City, Siatc, `Lip code Approved as to farm and legality Ass , ,3111 C'ollniy Alto le 47 of 03 ,Jelly 2021 - ,Tulle 2022) ATTACHMENT IV A,SSIJRANCIS--NONCONS'TR[lCI'ION I'RO(;RAMS All[ 203.21 Public report€jig burden for this col loci !oil of information is estimated to average Forty-five (45) mintiles per response, hlciuditlg little for MA Mitig Instructions, searching exisling Bala sources, galhering and nta€nlaining the data heeded and complelijig and reviewing the collection of illformadon. Scnd conimenis regar(tug the bu xlen esiimalc or any other aspccl of this collecti all of information, !act tld€ng stlggesdons for redilcing Ills burden, to the Office of Management and Budget. Paperwork lteduclion Project (0349-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OrMANAG111, ENT AND BUDGET, SEND ITTO T11E ADDRESS PROVIDED I3Y TI-IR SPONSORING AGENCY, Note: Ccrbilit of those nssitrnnees may iiof be n1)plienbie to your projcet ot, pi•ogritru. If you halve gticsflans please con tit et the awai-ding agency. MiAlt eir, certain I'e(leral awn edlag agoneius tit ay rertitirc applieaitIs to oerlify to addiilonitI itsstiranees, If such Is flee case, ;yoti lyil[ be lt(ilift u(i. I. Has tile legal authority to apply for federal assistance, and [lie insl1hitional, managerial and financial capability (€nolud€ng funds Sum60111 to pay the tion-federal share of prgicol cost) to cnstire proper plan nIng, management, and completion of the project described ill this application. 2. W141 give the alwarditig of ency, the Comptroller General of the United States, and if allpropriatte, tile, stale, throtigh any amhorixed representative, access to and the right to cXarlline 1111 records, books, papers, or cloctnllen1s related to 111e award; and NviII establish a proper accounlilig systelu 'in accordance with goncraIIy accepted accounting standalyds at - agency directives, 3. Will establish safeguards to prohibit eniployees from using their positions for a purpose Ihaf constittiies, or presents 1lie appc:111•lincc of, personal or organizationat coil fllet of interest or personal gain. 4, Will initintc anti complete the work within the applicable little frameafter receipt of approval of the awarding agency. 5, Will comply wadi the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 11728-4763) relating to prescribe([ sttindau•ds for iiicrit systeiiis for programs funded antler ❑lee of llie 19 statutes (N' rogtilatioiis Speci f ie(1 in Appendix A of 01IM`s Standards for a Merit System of Per sonnol Adminish•ation (5 C.F.R. 900, Subpar[ F). G, Will comply wiill all federal statutes relating, to nondiscrimina don.'1'hese include hue am not 1 !tit iied to. (it)'l'itic VI of the CIA Rights Act of 1964 (P.L. 89-352) which prohibits discriill ination on tilt basis of race, color or national origin; (b) Tiile IX of tile Cducalion Amendments Uf 1972, as amended (20 US.C. §§ 1681-1683 and §§ 1685-1686), which prohibits dlseriinill 111ion oil ille bwiis of sex, (c) Sectlou 5041 or the Rehab! Iitxiion Acl of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination oil (lie basis of handicaps; (d) the Age Discrimination Act of 1975, as a mooted (42 US,C. §§ 6101-0107), which prolllhlls (Iiscr'i1A11lit ion ell the basis of age; (o) the Drug Abuse Office andTreat ment Act of 1972 (11I.L. 92-255), as amended, relalitig to nondiscriinination oil the basis of drug aImse; (f) the Complx:hensive Alcohol Abuse and Alcoholism Prevotlllon, 71'reatment an(] Rehabilitation Act of 1970 (P.L, 91-616), as amended, relalting to tiondiscriill inalion on Ilse basis of alcohol abuse or alcoholism; (g) Seclions523 anal 527 of the Public Hen111) Service Act of 1912 (42 I].S,C, §§ 290 del-3 an(1290 ee 3), as amended, relit€ng to confidentiality of ill cohol and drug abuse pat fent records; (h) Tit to VIII of the Civil Rights Act of 1968 (42 U.S.C, § 3601 of scq.), as amended, relating to tloll(liscrlinhint lot) in the Salo, rental or financing of hollsing; (i) tiny other nondiscrimination provisions in file specific statutc(s) miter which applloation for federal assistance is being madc; and (1) file rerlitirements of ally other nondiscrimina+tioil statute($) which may apply to the appliicittlo11, 7. Will comply, or hats already complied, With the recltliVulncnts Of'I'fties 11 and Ill of (lie irniform Relocation Assistance and Real Properly Acquisition Policies Act ❑I' 1970 (P.L. 91-6I6) which provide for fair and egttitabio Uentnient of persons displaced or whose properly is acquired Hs a result of federal or federally assisted programs. `I'llese xgnircmoit[s apply to el interests in real property alcgtdred for project purposes regardless (if federal palrticipat ion in Imrchases. 42 of fi3 C 3u1y 2021 -,]tine 2022) ADD 203.21 WiII comply, its appiIcable, with (lie provisions of the I-latoli Act (5 U.S.C:. §§ 150 1 -1508 and §§ 7324-7328), which limit the polil1Val. act ivil'ses oi'eniployees whose principal enil)loymerit activities are full(Icd in whole: or ill part with federal funds. 9. Will conlltly, as lipplicnble, with the provisions of [he 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 Wo)k HOur:s and Safety SIBndards Act (40 U.S.C. §§ 327- 333), regarding labor stnpdards for fe(leraily assisie(I construction sub-conir'acts. 10. Will ccllnply, if ,applicable, will, flood insurance purchase requircn,cnls of Section 102(a) of the Floo(l Disaster Protection Act of 1973 (P.L, 93-234) %Yllicll requires recipicnis ill a specitil flood hazard area to participate in €Ile pr'ograiu and to purchase flood insurance If [lie total cost of ii,surtable constr•udiorl find acquisition is $10,000.00 ❑r mere. It. Will comply with etivirorin,cnal standards which may be prescribed pursuant to the following: (a) illstilullon of environmental quality control pleasures under the National l3nviroanienial Policy Act of 1969 (111, 91-190) wid Execullvc Order (EO) 1 1514; (b) not Ificat!oil of violating fiiciiilies ptn'suaill to EO t 1738; (c) protection of wetlai,ds pursuant to EO 1 1990; (d) evtaluation of flood liazar&q in floodplaiits iii accordance with EU 11988; (e) assurance Of prclect consistency with the approvecl State nlariagenient Iirngrrlm developed U11(lef the Coastal 7.011e Manat enient Act of 1972 (16 U.S.0 § 1451 of seq.); (f) coiiforniky of fudelal actions to State (Clear Air) 1111plep1011tallol] P1811S Llnde3. Section 176(c) of the Clear Air Act of 1955, as aniended (42 U.S.C. § 7401 et seq.); (g) protection of undclrgroun(I sources of drinking writer under the Safe Drinking Water Act of 1974, as aniended (11,L, 93-523); and (11) pr•olectioil of endangered species under the Endangered Spccles Act of 1973, as an,endod (P.L. 9:3-205). 12 Will comply with the ]]Mild an(i Scenic Rivers Act of 1968 (16 U.S,C. § 1721 et seq.) related to protecting components or 1101e11tiril canipotlenls of the national wil(I and scenic rivers system, 13. Will assist file alYanling agency hi assuring conlplla me with Section 106 of the National Historic, Preservation Act of 1966, as ameruled (16 U.S.C. § 470), E O 11593 (identification and protection of historic properties), and (lie Archaeological and 1-1istoric Preservation Act of 1974 (16 U.S.C. § 4692k-1 el seq.). 14. Will comply with P.L. 93-348 regnt-ding the protection of human subjects 1nvolvc(i in research, developineM, and related activities supported by this award oi'assistance. 15, Will comply Nvith the Laboratory Anitnal Welfare Act of 1966 (P.L. 89-544, as alliendecl, 7 U.S.C. § 2131 et sec].) 11011aiping to tile, care, haildling, and trealnient of warm blande(I aulinlals hold for research, teaching, or other Bel lviIles supporled by this award ol'assistance. 16, Will coniply with Ilse Local-Sasc(l Fain] Poisoning Prevention Act (42 U.S.C. § 4801 el seq.), which prollibiis the use of lead- Nised paint ill construction or rehabilitation of residence strtic(ures. 17. Will cause to be l)erfornicil the required fitnancial anci colilpliance audits ill accordance Willi flee Single Audit Act Anica(inlcrits of 1996 aincl 2 CF R Part 200, 18, Will coinply wit, all applicable requirements of all other federal laws, executive orders, regultidons, and policies goveriiing this progrn ill. SIGNA'i'L1It[3UF AL#'I'IIURiZ PT '1FYING 0 ' TITLE i Daniel R Rodri ue Public Service De artment Head Al'I'l,l('elN'I'Olt(,'ANIZii'['ION I DATEStHiNt1'#" ED Collier County Board of Commissioners 1 081 12021 Approved as to form and legality n. G 43 n#' G3 As Isla Cvtinty Ali 'July 202:1- Juno 21122) ATTACHMENT V FLORIDA DEPARTAIENT Ol{ LLDER AF A1118 CIVIL RIGHTS COIYIPLIANCM CHLCKLIS'T ADI 203,21 Program/Pnoilily Name County AAA/Contractor Address Colllltloled By Cily, State, Zip Cade Date 'I'elophone PART I., REA❑THE ATTACHED TNs'rR.u(, IONS FOR 11,LUSTRATI'4 E INFORMATION WHICH WILL N ELP YOU C(?M1`1.I+; TI.11111Is VORM. 1. Briefly describe the geograpWo area Served by file prograul/raciiily and tha type of Service provided: I I"or questialls 2-5 please Itidieilte the fol 2. Ilulndallon of area served 3. Slafreurrently employed 4. Clleuls currently emvoiledlrcg€stcred 5, A&Isory/Govcrniilq IionM If appiicatlle ! nlAl tl +% e hlle Whil % Black % Hiispaido °/a t]I11er• % l:emek 0/0 Disabled 0/n [hoer 40 Source of dam; ]iffective flare: Fffective elate: PART11: USE A SEVARATE SHERT OF PAPER FOR ANY EXPLANATIONS REQUIRING I)MORF. SPACF. IF NIA al. NO, EXPLAIN, G. 1s on ■tmm-mice of C;omplianec on file wilh DOUA? NIA YES NO ❑ ❑ ❑ 7. Compaiv the StaffC[]mpositioll to the p0j)11IH6011. Is stun-oltrescnlnliveorfhc popllialioa NIA YES NO ❑ ❑ ❑ 8. Ace eligibility retlnimilents for Services nj]lilied to diu ms mid nppllcants without regard to n]", Color, Illllional NIA j �r S�:i NO 0 origin, SEX, nge mllgloil, of disability? 9. Are al benefits, SOYVices and fuellilles nvaltable to afllillcants and particillallls in nn a uidly offcctive mil 1111Cr NIA YES NO regardless of race, SOX, color, age, nallonal origin, religion, of disability? ❑ ❑ ❑ 10, For ill-Imllant Services, are twill assignments 111ade ►Vitllotlt regard to rice, Color, national origin Or disability? NIA YES NO ❑ ❑ ❑ 44 of 63 July 2021 - .lultc 2022) A 203.21 11, is the pix)gralllli'aclllly accessible to non-f:llglish spcuking clients? NIA YES NO ❑ ❑ ❑ 12. rife e11lployees, appi1c Ills ,and part iclpatils illforllled of their protcotioll ngalllsl Liisel'31I11ikiallU]t'f ff i'1?S, hv►v? NIA YES NO Verbal ❑ Written ❑ foster ❑ ❑ ❑ ❑ 13,01ve (lie slumber atld carrells stains of ally discrimin'16oil complaillls regarding services or employllicill Mcd NIA NUMBER app111st (llc 1)rogra1)vraciIity, ❑ H. is Ilie psngram/fteility physically accessible to mobility, hcal•itlg, alld sight -impaired illdividuuls'r NIA YES NO ❑ ❑ ]'At('[']]): THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACIi-xi-i ;S wi'm 15 Olt i1'IOltl; ENIPLO' EE.S. IF NO, KXPLAIN. I 15.Has ns a sett=evaluntiolt been eanducted to identify ally ha -riem to serving disabled individuals and to make any YES NO llecessary nlodilicalloras7 ❑ 16. Is there an established grievance procedure [lint incorporates duc pinuuss ill tile I'm Iutiolt of complaillIs? YES NO ❑ ❑ 17. Hasa person bucn desigataled to coordimitc Section 50,1 compfiallce neliviticO YES NO 18. Do recruitll]ellt Auld notificatioll Iltator'ialS advise appl iell [its, cnlployees, and pa rfleipaws of noudiscrimimitian nn YES NO the basis of disability? 19.Aronuxillmy aids nvnlinble to Cllskare aecesslt}Illty of services to hearing and sigill-impai]'ed illdivlduals7 YIsS NO ❑ ❑ n > 0 45 of 163 July1i21'ft[?G1tAlYISOlt FACIi..1TIRS 11'ITII 50 Olt i1 ORR 17f1IPLOYI:LS AND El�,DI�;ItAL CON'1'IIA(, I'S vEAUI 20� $50,000.00 Olt molm i i 20. Do you have n wF•illen affirma0ve section p1tm7 If NO, expliflu. VKS NO i A 4 Royiewed by Progmin Office - - -- - In compiiflnco; YE;s NO* *No ice of Corrcctivc Action Date Telo phone Rosponsc ❑uc 1 ! On -Silo Ej Desk Review E Response Received_/._ 46 oi'03 ,]lily 2021 - 3title 2022) ATTACIIMENT Lr INSTRUC1'IONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST ADI 203.21 1. Describe ilia geographic service area such as It (Ilstricl, caurnly, City, or other locality. If tile progra ni facility serves It specific target population such as adolescents, describe the target poptlialion, Also, define the type of service provided. 2. hitter 11w percent of lho populalion served by race, sax, disability, and over Ilia age; of 40, The population served includes parsons ill the geographical area for which services are provided such as a city, county Or otller regional area, POIXIIallon shitislics on]) be Obtained fl'onl local Cllanlbers of colililleive, libraries, or ally publication from the 1980 Census containing Floridan population statistics. InCIM10 Ilia Sollr'ce of your polmlalion statistics. C'011101" faces filcl►lde Asianll'acifis: ]slanders and American Indian/Alaskim Natives.) 3, [eater (lie total bunter of full-tirne :staff and their percent by race, sox, disability, alld over the age of 40, hiclude the effeelivc stale of your Stu►l111ary. 4, Enter Ibe total number of clicnts who are enrolled, registered or clirrently serves€ by the program or facility, and list ilia fr percent by race, sex, disability, grid over the age of 40, hnclude the (late Ihm enrollment was counted. a. Where there is It significant varia lion between Ilia race, sox, or ethilic composit 1011 of the clicnts and their availability ill the population, the program/facility has tile, responsibility to determine the reasons for such variation and take whatever action may be nccossary to correct ally discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target popti111tisaris such as elderly or disabled persons. 5. Enter the total number of advisory board members rind their- percent by race, sex, disability, and over the age of 40. if there is no atslvisory or governing board, leave this section blank, 6. Each recipient of fcdaral financial assistance il►ttst have on File an assurance that tile: progrnnn wiil be conducted in compiiance with all nondiscriiiiinalory provisions as required in 45 CI`R Part 80. This is usuatly a standard part of Ilie contract lailguagc for DDEA Recipients and their Sub -grantees. 45 CFR § 80 r4(a), 7, is tine race, sex, and national origin of tho staff reflective of the gelieral population? For exaniPle, if 10% of ilea population is 1-1ispaitic, is there a comparable percentage of Hispanic staff? S. ❑o eligibility requirements unlawfully exclude persons in protecte(l grolips frou) lilt provisionl of services or erilploymeni? Evidence of stmh may be indicaled ill staff and client representation (Questions 3 and 4) and also through oil -site record analysis of persons Nvlra appiied but were denied services or ernployinem. 45 CPR § 80.3(a) and 45 CPR § 80. 1. 9. PgirtiCipantS Or client:; I11LISI be provided services such as medical, nursing, and dental care, laboratory services, physical and recreational therapies, cotmselilig, and social services without regard to race:, sex, color, national origin, religion, age, or disablirty, Courtesy lilies, appoirititient schoduliilg, and accuracy of record keeping runs] be applied uniformly aml withou I regard to i-aou, sox, color, national arigirl, rel'rgiall, nga, or disabilily, i?ntrrinaes, walling roams, reception areas, restrooms, and other facilities must also be CgUally avliilable to all clients. 45 CPR § 80.3(b), 10. Yor ill-pudernt services, residents must be assigned to rooms, Wards, etc., Nvithout regard to race, color, national origin, or disability, Also, residents must not be asked lvhether they are willing to share accomnio(4ations with persons of a different race, color, national] origin, or disability. 45 CPR § 80.3(a). 11, The program/facility and all services must be accessible to participants and applicants, including those persons who play not speak English, In geographic areas whore a -significant population of icon-Friglish speaking people live, ]program accessibility may include the employment of bilingual stafflu other areas, it is strflicieni to have a policy or plan for service, slrcll as a current list 0fIlames and telephone numbers of'biIingual individuals who wiI1 assist ill Ilia provision of services, 45 CPR § 80.3(a). 12. ProgramslfaCilities must ]]lake inffornlation regal'dnig tile ]nondiscriminatory provisions of Title V1 available to their parlicipants, beneficialrics, or any other interested parties, 45 Cl'R § 80.6(d), 'Phis should include inforinalion on their right to file a complaint of discrimination with either the Agency or the U.S. pepirinlent of HCRIth and Hurnan Services. The information may be supplied verbally or in writhlg to every individual or may be supplied t1irough tine useofan equal opportunity policy posler displayed in a public area of the facility, 13. Report number of (liscrinlinastion complaints filed against the prograrnlfacilily. indicate the basis (e.g. raco, color, crcod, sex, age, liational origins, disability, and/or reta[la lto]]) and ilia issiles Involved (e.g. services or employment, placement, G 47 of 63 Ju ly 2021 » June 2022) ADI 203.21 term Ilia( loll, c(c.). Indlcale the civil 1'igills law or policy alleged 10 have hCell violaled along Mill €110 name, 811(1 atklms ofthe local, state, or federal agency with whom Ilie complaIli l has been filed. Indicalc the currant status of Ilse complaint (e.g, 8ottled, no reasonable C1luse found, failura to conciliate, fit i1iu•c to Coopera(e, tinder review, cic.), 14, The progralnlfaaility must be physically accessible to mobility, hcarinb, and sight -impaired individuals. Physical access11)iIily Includes designated parkIngareaS, ctll'b tills of IoveI a171tTwo ties, ra111ps, alld adequ11(c widths I e111r'aliccS. The lobby, public Irlephono, restroom faui4ities, ►vater fountains, and inf'ormadon and admissions offices should be accessible. Door widths and traffic areas ofadministralive offices, cafeterias, restroonis, recrcalion rheas, Counters, and scrying lilies should be observed for accessibility. 1 ICvatOl:S Should be observed foe' door widill lull Braille of raised numbers. Swilefics aril coll(i'ols for light, heal, Ventilation, I11'e alarms, and other essentials should be. installed at all appropriate height for mobilily impaired individuals, 15. Seelioll 504 of the RellllbiIitatlon Act of 1973 I'egUlreS that a WC!I)IC111 Of fede1'11I fiMl€161I M31Sti111CC Co€iduCl a Stilt- evacuation I idoil t1fy any accessibility barriers. SCIT evaluation is it four -step process; a. Lvaltlale, Willi the assistance of disabled ill[Iivltltla[(s)lol'grlrli'Latioll(s), clirrent policies and practices that do ]lot of may 1101 comply ►vl€h Section 504; b. Modify pollcics and practices that do not Meet Section 504 requirelllents. c, 'rake remedial steps to eliminate the effects of ally discrimination that resulted front adherence to Ihcse policies and practices; and d. Maintain self -evaluation on lino, including fist of the interested persons consulted, �t description of areas examined, and rlliy problems idertIifiwl, and a description of any ill odifloil Iiolls ]Made anti of any remedial steps la ken 4S C'FR § 84.6. (This checklist may be used to salisfy this requlrement if these four steps have been followed). 16. Progrants or facilities (11a1 employ 15 or more persons shall adopt griuYanee proceditres that incorporate a11)ropr'iill 0 due process standards and that provide for the prompt and equitable r•esollllion of coniplilints alleging any action prohibited by fart 84 of Title 45, CFR45 CM § 84.7(b). 17. Programs or fauilitles that employ 15 or more persons shall designate at least ❑nc person to coordinale its efforts Io comply with fart 84 ofTiLie 45, CFR. 45 CFR § 84.7(o). 18. Programs or facilities that employ 15 or more persons snail take appropriate initial and conthming steps to notify parlicipants, beneficiaries, applicants, and employees Thal the programilfacilily does not discriminate oil the basis of haudleap ill violilt ion of Seel ioll 504 and Part 84 oFT1IIe 45, CVR, Methods of initial and Conti 1111111g [lot ificalion ably include the posting of notices, publicallon in newspapers and malaziltes, placenleilt of Jlotices ill publications of the programs or ibcilitios, and distribution of memoranda or other written communications. 45 CFR § 84,9(8), 19. Programs ar raci11ties Mai e111ptoy 15 0r Ili ore pet-so11s SI1aII 1)rovide a1)pro priate auxiIiary ilicis to persons wills iill pnired sonsory, manual, or speaking skills where necessary to afford such persons oil equal opportunity to benefit from the service Ili question. Auxi3lary aids may include, but are no€ limited to, brailed slid lapel materials, interpreters, and other aids for persons with imps+ired hearing or vision. 45 CFR § 84.52(d). 20. Programs or facililles with 50 or 11101-c employees and $50,000,00 in federal contyacts lilust develop, implement, and maintaill a written affirrilative fiction complialice program ill acrol'dF111co wilil lrxectrtive Order 11246, 41 CFR Parl 60 fond Title VI of the Civil Rights Act of 1904, as amended. C 48 of 63 Fy 'A U d q a Q N �13 l 1 I 1 F I I I 1 I i I I 1 1 1 (A V) V9 (A (A FR 64 Goa Efi V) CA (A 49 L6 V7 Vj W 0 W V) I i � r i ! .--�'�v.t��ri�n'�n i-{oo�v.a�l�►=tn'��i °ji` °�°��'j� rKfe L Jelly 2021- June 2022) Acpartmew of ELDER AFF.E1.xR5 BACKGROUND SCREENING 13ACI(G RO L)N DSC.: RLLN INN AItest n[to 11 of Camlrlistrrcc-ElllPlayer ALl'i'HORITY. This Form is reryttired mutually of all eulployers to comply whit the attasinIloll requh,ements set forth in sccilan 435,05(3), Florltin Statutes, ADl 20,1,21 Ron DeSnntls f ; #11"1'110 r Richard l'rudreni Se. rept 11), file terul "employer" means any person or entity required by 111W to CQlidllol background screenings, including bul not limited to, Awit Agencies on Aging/Aging and Disability+ Resource Centers, head Agencies, and Service Providers thal contract directly or indirectly with the Department of Elder Affairs (D0UA), ant! any outer 1)ersoii or oil tty which Isires employees or has volunteers in servicc who mew the definition oPa direct service provider. 5ce §§ 435.02, 430.0402, Phi. Slat. A direcl servicc provider is "u Droll 18 yetrrs of age or alder ►vllo,1)tn'sua11t to a program to provide services to the elderly, has direct, Puce-lu-fttec cnillacl with a client while providing service~ to the Cherie and has access to the client's living area, fuiIds, persoimI properly, nr persootd Went ificat iOil information as derided in s. 817.568. Tile term includes coordinators, managers, and supervisors of residential facilities and voltintears." § e130,0402(l)(b), Pht.Stal. ArrN s'I'A'I TON: As the duly autItorized rc p res en (a I i ve of located tit ,Slrew,,iddr•ess I niplop'),►lraine 01)) Seale ZIP Carle hereby It flit ral ltndor penalty of rl el me of iMpresel►tudi'e perjury that 010abovc-reamed employer is in Conlpliatice ►vith the provisions of Chapter 435 and section 1430.0402, Florida Statutes, regarding level 2 background screening, ,4lgrrrrlrrra a/'ldelrrti:,selrlcrfiVrs Dafu ❑UIsrI Fnralr 235, A11ertatlan gfCu1►tpllailee-Csrplr►s+e1', 1-"ecliva Jar Irrclo, 19, 2021 d35.050), I-.S ! am crv[r11a!►lc al: rNp:Ilelrlarcif!rdt',r.,slare trrlet►Slislt�Gcrckl;r orntrLti�rectt[rr �tl Sectlarr rb' 50 ol'G3 IitIy 2021-htnc2022) ADI 203.21 ATTACHMENT VIII CERTIFIRD MINORITY DUBINESS SUBCONTRACTOR RXPEN.1)ITIJI1CS (CM 13EFORK) t'rl BHT7011IMUST'CCOHJ'ANYIN11010ES8U13H1'1"IWDTOD0ISA CONTRACTOR NAME DO EA CONTRACT NUMBER: *REPORTING PERIOD-V ROM: TO: *(DATE RANGE OF RENDERED S1;RVICES, MUST' MATCH INVOICE SUIlMITI'ED TO D()EA) DOER CONTRACT MANAGER REPORT` ALL EXPENDITURES MADETO CI;101 IED MINORITY lWS1N1+',85 (SUBCONTRACTORS). CO)VI IC7'DOE/I C'AIBE COORDJAWY'OR FOR rlNYQUIs.SIYONS: A7'550-41•1-2153. SUBCONTRAQ'Olt NAME I SUBCO RA OR' I CMBle, I RXP1,NDYrURi�S DOEA USE ONLY -- HlvPORTING ENTITY (DIVISION, OI+FIC1l., I�,1'C) SEND COMPLETED FORMS VIA INl'1;Rctn�ICH MAIL TO: JUS'1'1N TAYLOR CMBE COORDINATOR, CONTRACT ADMINISIRA'PION & PURCl IASlNO, TALLAHASS C13, FLORIDA 32399- 7000, 51 of 63 .1u ly+ 2021 - Jima 2022) ADI 203.21 If unsure ifsubcontraclrn• is a cerlified minarlty su ppiig, click on the bylieflink belmy. Enter Ilse llaffle diltc SUI)jslicr, click "search". Only Cerliflod Minodly Business Entilies will be displayed. I,�I�s:lloscl.cln�s.rn �tlneidn.cnntldirectnries IAf,9TJ'IIC TIONS (A) ENTER 171E COMPANY NAME AS IT APPEARS ON YOUR DOEA CONTRACT, (B) EN`I'i?R THE DOZA CONTRACT NLJMBER. (C) ENT133R'1'11H 8ERVICE PEW OD MATCH INO-1.1-IE CURRENT INVOIm,8 S3aRVICE PLItIOD. (D) HN'IER AIL COU'l Fl ED Iv11NORITY 13USINESS G,X1)ENDITUR1iS FOR THE TIME PERIOD COY Blk ;D BY THP INVOICE; I. ENTER C PIt'I'l FIFiD MINORITY BUSINPiSS NAME, 2. ENTER THE CER'1'1FIED MINORITY BIJSINLRSS FBI DNUM BER. 3. ENT13-Will E CERTIFII?D MINORITY BUSINESS CM BE' NUMBER. 4. ENTER TI IL: AMOUN'r LXPIaNDED WITH THE CER'IIFIE;D MINORITY 13USINI SS FOR TI IE TIMF PER 10D COVRREsD BY TI IF INVOICE, (E) MBE FORM MUST ACCOMPANY INVOICE PACKAiiC SU13NIITTED TO ❑ORA FINANCIAL ADNi IN (STRATION FOR PROCYSSING. (F) FINANCIAL ADM INISTRATI O WILI, FOR ARD ALL COMPI,F` EI) -CM BE FORMS TO CONTRACT` ADMINISTRATION & PURCHASING OFFICE 52 of 63 'Julys 2021 - Jtine 2022) A DI 203.21 ATTACHMENT IX INVOICE I ETORT,5CI1EDUId1 ALZHEIMER'S DISBASE INnIATIVI; Report Number 13ased On Submit to State on This Date I July Advance* July 1 2 August Advance* July 1 3 Silly Expenditure Report ArigllSt 10 4 August I;xpeiulitirre RepOt-t September 10 5 September &penditure Report October 10 C October Expenditure 1+ eparl November 10 7 November Expenditure Reporl December 10 8 December Expenditure.- Reliorl January 10 9 January Expenditure Reiorl February t0 10 February Rxpcnditure Reiorl March 10 1 I March Expenditure Report April 10 12 AI)ril Expenditure Report May 10 13 May Fxponditore Report June 10 14 June Expenditure Rep.)rt July 10 15 Final Request tor Pay ieril July 25 Legend: Advance based on projected onsh need. Nate 1L 1: Report 1) l for Advance Basis Contracts cannot be submitted to (lie Agency prior to Jtily I or until the colitract with (lie Agency has been executed and a copy sent to DFS. Actual subill issioii o[' Ilie vouchers to D F S is delielident oil the accla'acy of the expeliditure repot'(. Note # 2: All advance payments made to tile Contractor shall be rcturned to the Agency as follmvs: one — lenth of the advance payment received sliall be reported as an advance recoupment on eaell request fOr paylilBlit, st.rl'tilrg 1011 report Humber five (5). 'fire adjustment shall be recorded in fart C, Lilie I of the report (Attachment x 1). Notc It 3: Submission of expenditure reports may or may not generate a payment request. i f rs fiWd exl)cixliturc report renects funds (lire hack to the Agency, payment is to accompany (he r'epol't. ►b 0 53 of 63 l„iy 2021 - Jillic 2022) ATTACHIY ENT X ANNUAL BUDGET SUMMARY AI.7Y1PIJMERIS DISEASU INITIATIVE PROGRAM for Collier County Board nrCoui►ty Commissioticrs Collier TOTAL: $504,968.54 AM 203.21 n a 54 of 63 Judy 2021- hike 2022) ADI 203.2 ATTACIIMLNT M RX QUEST FOR PAYMENT ALZHElMERS DISEASE INITIATIVIV, P]ZOGRAM REPORT: CwHrack M CoNfecipedod_ _. F.hlf REnUCST: lieAorll*ed9d RopaM ❑D OF PAVMENT: IAw a k i Rolllibmilmoill ^ PsA _,___„ pule and c04reU pad Onfornls v SU L die isrms and 1h a purposes of Iho alwyo COA"d. lad by; Dale: Resplle PraJacls Spedolized Day Calf' TOTAL $0,00 $0,00 $0.00 $0.00 SO.OD $0.00 $0.00 W.DD $D.W s0.00 $0.00 $0.0 SO,W $0,00 $0.00 $O.DO $D.DD $0,00 $0,00 $D.D $0.00 $0.00 SO,DD sauc MOO W.00 $0.0 $0.0 $0.00 SC -no- SO -DO Koc $0.00 SD.nD S17.v0 $0- $0.00 $O.Dq SU. $Q• 55 of 63 3uly 2021 - JLute 2022) A'1" I'AC'IIM1eN'I' XII Wl,C1APT AND >;]CPEND1T01t1; W?,1'Ult'1' AL'G1W,1M11,ltS DISle,ASlt INI'FIA'FIVE ITOGIZAM AUI 203.21 PROVIDER NAME, ADDRESS, PHONE # and FEIDf CONTRACT fl PROGRAM FUNDI NG : CONTRACT PEROD RFSPITE REPORT PERIOD PROJECTS REPORT ff J SPECIALIZED DAY CARE iNVOI PSA CERTIFICATION ; I certify to the hest of my RoovAad g and belief that ilia report Is cornpieie an correct and all outlays herein are for purposes set forth In the cenlracl. Prepared by: Palo:_ _ Approvod by: - _0010 : PART A! BUDGETED iNCOMEI RECEIPTS 1. Approved 2. Aclual Receipts 3. Total Receipts 4. Percent of Budgel For This Report Year to Date Approved Budget 1. State Funds $0.00 $0.00 $0.00 fIDIV101 2. Program Income $0.00 $0,00 $0.00 fIDIV101 3. Local Cash Match $0.00 $0.00 $0.00 fIDIV101 4. SUBTOTAL; CASH RECEIPTS S. Local In -Kind Match 6. TOTAL. RECEIPTS $0.00 $0.00 $0.00 fIDIV101 PART B : EXPENDITURES 1, Approved Budget 2. Expandltures For Tlils Report 3. Expenditures Year to Date 4. Percent of Approved Budget 1. Adminisirative Services $0.00 $0,00 $0.00 WIWI 2. Service Subconlraclor(s) $0.00 $0.00 $0.00 1MIV101 3. TOTAL EXPENDITURES $0.00 $0.00 $0.00 WIWI PART C : OTHER REVENUE AND EXPENDITURFS II. Interest: Ill. Advance Recouped 1. Program Income (PI) 1, ADI; PI Collected YTD $ 1. Earned on GR Advanco $ 2. Return of GR Advance $ $ -' (Includes cc -payments collected) 3. ether Earned $_ PART R : CO -PAYMENTS CURRENT MONTH YEAR-TO-DATE 1. Total of Co -payments assessed $ _. ._- $ 2. Total of Co -payments collected $ $ (For Tracking Purposes only) a 56 of 63 July 2021 - June 2fi22j ATTACIIMENT X1II ANNUAL MODEL, DAY CART: CHWITR TRAINJNGY RLPOICr AL'GHLIMERIS DISEASE 1NIIIA1`IVL PROGRAM Model Day Care Center Name: prim dame of person completing; raporl Signature of Pei -Sol) completing; report Date ADI 203.21 The purposo of tlic modal day care progwil Illxlst ()c to provicie service; delivery to pei:5ons suffering from Alzbeimer's disease or a rclaled memory disorder and training; for Ileaillll vane and social service personnel in (he cm of persons leaving A1zlichners discasc oi- relaled mcniory (Iisorders. 'I his report document% Ills: regLdred training for the State Fiscal Year July lst dirouglm lime 34111. Actual Trazin!ng Bvents Number Hcaltlm Care Professionals Trained Number Social Services Personnel Trailied 'Total People Trained Traiidng} Tltle: Date: TraliIII lig; sl mmary: �f c 57 o f' G3 July 202J-.1uity 2022) AUT 203,21 ATTACHMEN Y XIV COSTRI;xMBIJMEMCNT SUMMARY CQnlfacl# Report (lnvolce) Nurniar: Budget Number of Category DourlpWn units svrviea Data Amount c. v w �.c TOTAL AUMINISTRATION SD.00 �p C W TOTAL EXPENSES 58 of 63 July 2021 - Jutie 2€122) A'FTACl•I.Mrl,N'I' XV SERVICE RATE, REPORT A1DI 203,2.1. SIIRVICE 116IMBURSl�',fi ENT UNIT RATE, METHOD OIL I AS 14ICN'I UNIT L'Vi'1e CASH AIDE $33.88 Fixed Vcc I Uult Rate 1 FOURS C:ASLi NIANACiI?i1IRM' S60.04 Fixed FCC 1 Uuit Rate HOURS 111M>ITE 1N-FAC'ILITV $12.83 Fixed Fee / Unil Hale 1-I0IMS RESPITE IN-HOM L $2.5.02. Fixed Pee 1 Unit Rate HOURS SHOPPING ASSISTANCL - COVID-19 $34.12 Fixed l m I Unit Rate ONE-WAY TRi l' SPECIALI'LIM MEDICAL HQUIi'ML•M' SERVICES, AND SUPPLIES Cast RelmUursamenl EPISODES THLE 111 IONS REASSURANCE - COV ID- I9 $13.110 Fixes] Fee / Unil RMe F-PISODFS TRANSPOR'I'ATION Cnsl 1Zci nsLnrsott�e»l ONE?-1'JAY TRIP 59 oi' G3 July 2021 - June: 2022) AD1 203.21 ATTACJ1M11��Nl' XV1 DEPARTMENT OF ELDER Al FAIRS SILVER ALERT PROTOCOLS 1, Designalcd Memory Disorder CliitIc (MDC) staff sha#I subscribe to the Department of 1;1der A ffa#rs Silver A lcr( Uslsery by entering their email address at ltiip;ll#isls.e#dararffairs.ergllislnttrrragcrllist#nfalsilveralerl. By subscribing loreceive Silver Alert notifienlions, M13Cs sire atltontnt !Cal ly klolificd via entail whenever it Silver Alerl is iSsued. 2. When nollfieation of Silver Alfa•[ is received by the MDC, cacti Clinic Coordimitor or designee reviem Ilse information to determine: a) '1'llc Cotknty the eil£iarkl�el'['.£I llersakl is missing from, anti b) The law enforcement agency Lila[ is repotting the Silver• Alert. (Tire MDC that provides services fit the County of the repotting law oilforceilienl agency is respons#ble for to[ Iowing up oil all Silver illems in (hat county.) 3. The MDC or dosignco contacts the reporting law enforcement agency to obtain lice a nregiverlcontacl person's nanma, pltonc niallber and address to enable the MDC coordinator of designee 10 folloXv ill) and assist the ttullily With information and resources. The MDC C:oordinatlor of designee Completes the upper portion of the referral form (Attachmeni XVI1) including Ilse caregiver/Contaet person informatloll. If it 1s deterruined that the endangered person resides #rl anolhor courtly, then the MDC coordinator or designee will contact the MDC serving the county of residonce and send the referral farm within one to three (1-3) business days. 4. The MDC Coordinator or designee in Ilse county of residence wiII conitict Ilse coregiverlcontact person in it 1#ntcly monster [upon roccipt of contact inforillartion ftnl law enforcement or within three (3) business days.] 'fllis activity is repot-ted under dumber G, "plione informationlsupporticounseling," on the MDC Quarterly Report f6cm (Atlacbmertl 1X). (Note: If the endangered person has been recovered at tllc time of this conlact, the Iv1DC: Coordinator will proceed with steps 1 and 2 as indicated below under "Upon Recovery of Endangered Person,") Upon Recovery ofEudangered Person The MDC shall contact Ilse oil regiverlcontact person: I. MDC Coordinator or designee shall assess the siluaiion and provide Alzheinier's discaseldemerttia information and referrals as nceded, The IvIDC Coordinator or designee shall offer to snake a referral to the Aging and Disability Resource Conter (ADRC), 2. If the caregiver/contact person consents to (lie ADRC referral, then the MDC Coordinator or designee sltall send tho Silver Alert Services Referral Form (AtIncliment XVII) to kite ADRC Servisig the county of residence and inform the: cilregiverlconlact person that a represeittative from the ADRC wiII contact tllem. This activity shall be reported under nu mbor 1, "Referrals," on the MDC Quarterly Report form (Attachinoiil IX), If Ilse MDC tit alies a refet•rall to tit ADRC; 1. ADRC IniIintes contact wlIh the caregiver. 2. ADRC provides 1llfornlatiort regarding conlntunity rosou ices and makes rcfcrrfils as appropriate for caregiver and endangered person, nie ADRC: may also, screen Ilia endangered person for services. 3. Withlit fourteen (14) business £latys, the ADRC Completes the Silver Alert Services Referral form and sends 11 copy back to Ilie MDC nut 1jig itII services and referrals provided anchor arranged. 4. '1'ltc MDC rotni ns tho Silver Alert Service-, Reforral Pornt. 00 of 63 Jiily 2021 - hvie 2022) ADI 203.21 Co►upilation of Data Each MDC NviII track Silver Alerls in the designaled scrvlcc marls to ensure Thal follow-►ip l)as been completed and disposition noted nftcr the endat)gered parson is rclurned hot))e. A co) , ❑fSilver Alert Referral Fori rc rirdless of ontcallic shrill be elliailed to the DOE, A Contract WInnat get, nt mcnioi'►'cllsorderellnisawt(lernllioli'sa r�' 61 or63 .Tti ly 2021 - .Yuma 2022) A Ell 203.21 ATTACIIMENT XVII ❑IPTARTMENT OI+ MDLR AFFAIRS AGING AND DISAMu'rY RESOURCE: C.I?NTER (ADRC) 81LVI��R ALERT SERVICES 11EF ;RRAL FORM Date of Referral Received: Refert•ing MDC: MDC Conlact Name: MDC Phone: ADRC: ADRC Cuntncl Person: ADRC Phone. Counly: Notes/Comment.- Endangered Person Name: Address: City: State: ails Code: Age: DOB: Lives with Cavogiver: Yes 1 No Lives Alone: Yes 1 No Caregiver Name: Relalionship: Pho11e, Al(crnate P11011c: Sct'viacslRefer r tils 1'rovidecl 1)), ADRC: Notesl Comments: 62 of 63 :July 2021 - Junc 2022) ADI 203.21 I.ADRC initiates contact with the carcgivcr, 2. ADRC provides information regardirig cc111111unity resources and makes refe1 gals as nppropriate rot' enregiver and caldangered person. The ADRC may also screen the endangered person for services. 3. Within fom-teen (14) hushiess days, Ilia ADRC completes the ADRC Silver Alerl Services Referral Form and sends a copy back to the MDC noting al services and referrals provided andlor arranged. ,l,The MDC retains the Silver Alert Services Referral Porm Compilation of Data Emit MDC will (rack Silver Alerts in the designatccl service areas to cnsurc that follow -lit) lens been completed and disposition noted after the endangered person is returned home. No mnrll crrllnrls r►rc to he rxrrrle to Ilr1.s rmin r► ites:s rruthai erl A, Dtl��i. 63 of 63 Revised August 2007 Attestation Statement Agrecmcnt/Contract Number ADI203.21 Amendment Number t, Daniel A RodriRUC"!, , attest that no changes or revisions have been made to the (Rcelpient/Confractor relkresentative) content of the above referenced agreement/contract or amendment behveen the Area Agency oil Aging for South vest Florida and oilier Cotim Board of Couiu goinmissioners (Recipient/Contractor name) The only exception to this statement would be for changes in paige forinatting, due to the differences !i, electronic slate processing ,nedia, ► hich has Ito affect nit the agreernell t/contract content. Signature o Revised August 20G7 ent ■ �J c - tafive Date Approved as to fonn and legalily LC I A �) Assistuill County Att C7 G (July 202I -dune 2022) HCE 2413.21 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC HOME CAME FOR THE ELDERLY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS CON"I'RACT is entered into between the Area Agency on Aging; for Southwest Florida_ Inc. (Agency) and the Collier County Board of County Commissioners (Contractor), collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor, Subgnantec_ or Subrccipicnt. WITNESSETH THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor o f the Agency. NOW THEREFORE, in consideration ofthe services to be perfonned and payments to be made, together with the mutual covenants and conditions set forth herein, the Parties agree as follows; 1, PuEpose of Contract: The purpose ofthis contract is to provide services in accordance Nvith the terms and conditions specified in this contract including all attachments, forms. and exhibits Which constitute the contract document. Z, incorporation ofUoetiments Fvithin the Contract: The contract will incorporate attachments. proposal(s). state plan(s). grant agreements_ relevant Agency handbooks. manuals and/or desk books_ as an integTraI part ofthe contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments. 3, Term of Contract: This Contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2021 or on the date the contract has been signed by the last parry required to sign it, whichever is later. it shall end at eleven fifty-nine (1 l ;59) P.M._ Eastern Standard Time June 30, 2022. 46 Contract Amount: The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $55,537.61, subject to the availability offunds. Any costs 01, services paid for under any other contract or f rom any other source are not eligible for payment under this contract. 5. Renewals: By mutual ageemcnt of the Parties, in accordance with Scetion 287.058(l)(g), Florida Statutes ( F.S. ), the Agencytnay renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price. or method for determining a renewal price, is set faith in the bid, proposal, or reply. Ito other costs for the renewal may be charged. Any renewal is subject to the same terns and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability offends. 6, Compliance i0th Federal Law: 5c11 1 fthis contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of45 Code of Federal Regulations (CFR) Part 75 and/or 45 CFR Part 921. ? CFR Part 200. and other applicable regulations. 6,1.2 If this contract contains federal funds and is over S 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.) 4 7401, et seq.). Section 508 of the Federal Water Pollution Control Act as amended (33 U,S,C. § 1251, ct seq.), Executive Order 11738. as amended, and, where applicable, Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations of the above to the Agency. 6.13 -Neither the Contractor nor any agent acting on hehalfofthe Contractor may use any federal funds received in connection with this contract to influence legislation or appropriations pending before Congress or any state legislature. The Contractor must complete all disclosure tonms as required_ specifically the I arcs (July 2021 - June 2022) HCE 203.21 Certification and Assurances Attaoltmetit, which niust 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 CJFR Part 2.00, the Contractor shall comply with Executive Order 11246, Equal Ernploynient Opportunity, as amended by Executive Order 11375 and others, and as strppletnewed in Department of Labor regulations 44' C Fk fart 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 outer contract rtwards will riot be niade to parties listed rrn the government-wido Excluded Parties list System, in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR Fart 18O that iniplenient Executive Orders 12549 and 12689, "Debarment and Sus polls ion." The Ezxeltided Parties List System contains the riarnes of parties dcbat-red, suspended, or otherwise excluded by agencies, ns well as parties declared ineligible under statutory or regulatory authority other- than Executive Order 12549• The Contractor, shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract, The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execiilion of this contract. 6.2 The Contractor shall not employ -in unaulhariZed alien, The Agency will consider the employment of ulatithor•ized aliens a violation of the Immigration and Nationality Act (8 U.S•C. § 1324n) and the Itnrnigration Reform and Control Act of 1986 (8 U.S.C. § 1101), Such violation will he ejuso for unilateral cancellation of this contract by the Agency. 6.3 If the Contractor is a iinn-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements (filing a Forni 990 or Form 990-N), and has its tax exempt status revoked for falling to comply with the fling requirements cif the Pension Protection Act of 2006 or for any other reason, the contractor must notify the Agency in writing within thifty (30) days of receiving the IRS notice of revocation. 6.4 The Contractor shah comply with Titic 2 CFR, Part 175 regarding Trafficking in Persons. 6.S Uri less exempt under 2 CFR § 170.110(b), the Contractor slialI comply with the reporting reguir•enients of (lie Transparency Act as expressed in 2 CFR Pate. 170. 6.6 To comply with Presidential Executive Order 12989, as aniended, and State of Florida Executive Order Nuniber 11-116, Contractor agrees to utilize 11ie U.S. ❑epcirtmetit of IiomcIand Security's E-verify system to verify trite employment of all uuw employees hired by Contractor during the contract term, Contractor shall Include in related subcontracts a requirement that SLIbcontr'actors performing work or providing services pursuant to die state contract lit ildce the E-verify system to verify employment of all new employees hired by the Subcontractor (luring the contract term. Contractors meeting [lie ternis and conditions of the F-Verify System are deemed to be in compliance with this provision. 7. Coinnlixirce with State Law: 7.1 This eontrart is executed acid entered into in the State of Florida, and sliall be construed, performed, and enforced in all respects iu accord air co with Florida law, including !~ lorida provisions for conflict of laws. 7.2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, F,S,, and Section 215,971, F.S., and expenditures must be in compliance with laws, rules, and regulations including, but not limited to, the Reference Guide for State ExpendituI'm 7.3 The Conti -actor shall comply with the requirements of Section 287,058, F.S., as tirnended. 7.3.] The Contractor shall perform all tasks conta'rtied in Attachment I. 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the Agency Contract Manager pricer to payment. 7.33 The Contractor Shall comply with the criteria and final date by which such criteria onist be met for completion of this contract as specified in Attachment 1, Section 111, Method of Payment. 7.3.4 The Contractor shall submit bills I'or No or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit. ? 4-58 (July 2021 - June 21122) HCE 203.21 7,3.5 If itemized payment for travel expelses is permitted in this contract, the Contractor shall submit invoices for any travel expenses ill accordance witII Section 1 12.061, F.S., or at such lower 1-2to% as may be provided ill tills Contract, 7,3.6 The. Contractor shall allow public access to all documents, papers, letters, or other public records as defined in Section 119.011(:2), RS,, made or received by the Contractor in conjtrnctitln with 111is contract except for those records which are made confidential or exempt by law. The Contractor's refilsal to comply with this provision will constitute an immedintc breach of contract for which the Agency may unilaterally tormillate this controut, 7,4 If Clients are to be transported made r this contract, the Contractor shall comply with the provisions of Chapter 427, F.S,, and Rule Chapter 41-2, Florida Adrnill istrative Code (F.A,C), 7,5 Subcontractors who are on the Discriminatory Vendor List may not transact business with tally public entity, ill 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 fuilds 1101- the purpose of lobbying the legislature, judicial branch or a state agency, 7.7 The Agency mrry, at its apt ion, terminate the Contract if the Contractor is found to have submitted a tDIse certification as provided under Section 287,135(5), F,S., has been placed ors the Scrutinized Companies with Activities in the ball PetrolC111I1 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 ill Ctr1Ta or Syria or is engaged in a boycott of Israel. 8. Background Sca-eenin The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are Chet regarding background screening for all persons who sheet the definitioil of a direct service provider and who are not exempt from the Agency'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 the Agency for Health Care Administration regarding implornentatioil of Section 430.0402 anti Chap ler 435, F,S. To deltronstrate comp Iiance with this provision, Contractor shall subirlit the Background Screening Affidavit of Compliance (Screening Form) to the Agency within thirty (30) bays of execution of this contract, Should the Agency have a completed Screening Farm on file Far the Contractor,a new Screening Form will be required every twelve (12) months. 8.1 Ftt1'ttlor information concenihig the prouedures for background scmening may be, found at http;lleldernffa i rs •star te• f'l.usldaealback�_ ruts nd screenift�p�. 9, Grievance Procedoll•es. The Contractor shah develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(q) and to address complaints regarding (lie torminnoon, suspension or mduclion of services, as required for receipt of t'unds. 't'bese proced►1-cs, at a rllinimum, will provider for notice of the grievance procedure and an opportunity for- rel,iew of the Subcontractor's deternlination(s). 10. Public. Recor ds and Retention; 10.1 By execution of this contract, Contractor agrees to at provisions of Chapter 119, F.S., and any gather applicnble law, and shall; 10,1.1 heel) and Inaintaill public records required by file Agency to perform the contracted Services. I0,1,2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested records or allow the records to be inspected or cop led within a rearmiahlc tittle at a cost than does rift exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law, 10.1.3 Fnsture that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed oxoept as authorized by law for the duration of the contract term and fallowing completion of the contract if the Contractor does not transfcr 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 Capon completion ❑r the contract, Contractor shall destroy any duplicate public records that are exempt, or conlident ial and exempt, Cl C.1 3 4d 5K (July 2021 -June 2022) HCE 20 -21 from public records disclosure requirements, If the Contractor keeps slid ,maintains public records upvil completion of the contract, the Contractor shall meet ail applicable requirements for retaining public, record&, All records stored electronically must be provided to [lie Agency in a format that is compatible with the information technology systenis of the Agency. 10.2 The Agency may unilaterally calico] this contract, notwithstanding any ether provisions of this contract, for refusal by thu Contractor to coniply will, ,ioctioll 10 of ti,is contract by not allowing public access to all documents, papers, letters, orother material made or received by the Contractor in conjunction with this cimtract, unless the records aloe exempt, or confidential and exempt, fi,onl Section 24(a) of Article I of the State Constitutioll and Section 119.07(l), F.S, IF THE CONTRACTOR HAS Qt]ESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS MATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave Suite 1 tZ Ft Myers, Florida 33916 239-652-6900 10.3 Upon termination, of this contract, whether for convellicnce or for cause as detailed in section 53 of this contract, the Contractor and Subcontractors shall, at no cost to (lie Agency, transfer all public records in their possession to the Agency and destroy any duplicate public records that sit exempt, or confidential and exempt, from public records disclosure requirements, All records stored electrollictiIly shall be provided to tl,c Agency in a format (list is L:ompatible with the information tecilllology systems of the Agency, 11, AuBitsdiisnections, IAyest 12,1110us: 1.1,1 The Contractor shall establish and maintain books, records, and docinnetits (including electronic storage aledis) sufficient to reflect all asse(s, obligations, unobligated balances, irrooille, interest, anti expenditures of funds providsd by the Agency under this contract, Canlractor shall adctlualLly Safeguard all such assets and ensure that they are used solely for the purposes authorized under this contract. Whenever approj)flato, financial information should be related to performance and unit cost data, 11.2 The Contractor shall retain and ]Maintain n1l client records, financial records, supporting documents, statistical records, and any otlier documents (inalUding electronic storage media) pertinent to this contract for a period of six (6) years after conlplution of the contract, or longer when required by law. ill the event Ail audit is required by tI11S contract, records shrill be retained for a ill i11iill unl Perind of six (6) years after the audit w,pod is issued or until resolution of any audit findings or litigation bused on the terms of this contract, at no additional cost to the Agency, 11,3 Upon demand, at no additional cost to the Agency, the Contractor shall facilitate the duplication and transfer of any records or ciecumeuts during the required retention period. 11,4 The Contractor sluill ensure that the records described in this section will be subject at all reasonable times to inspection, review, copying, or audit by federal, stale, or other 1)crsonneI duly authorized by the Agency, 11,5 At all reasonable tinges for as long as records tire maintained, persons duly authorized by the Agency and federal auditors, pursuant to 45 CFR Part 75, shall be allowed full access to and the right to exAmilie any of the Contractor's Contracts And related records and d0CLI1,101tS pert ill CIA to thiS SpWifiG contract, 1'egardless of the forni in which kept. 11.,6 The Contractor shall provide a Finaacial and Compliance Audit to the Agency as specified in this contract and ensure that al] related third -party transactions are disclosed to the auditor. 11,7 Contractor agrees to coniply wilh the Inspector General Ill ally investigation, audit, inspection, review, ❑r hearing performed pursuant to Section 20.055, F.S. Contractor fin'ther agrees that it MwI1 inelude in related subcontracts a requirenient that sobeontractors perforining work or providing sarvices pLll'stianl to T1115 contract agree to C.� 4 i►t-5i (Jut ' 2021 -,tune 24122) HCE 203.21 cooperate with the Inspector General ill Orly investigadO11, 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, 11.8 In accordance with Executive Order 20.44 which requiras cxcctlttvc agencies to subniit a list of entities named in statute with which a state agency niust form a sole -source, ptibIlo-private agreement or an entity that, through contract or other agreement with the state, annually receives 501/10 or more of their budget from tile; State or from a combination of State and FedemI firnds, Any Contractor Ilia meets oms or both of (lie criteria listed must submit an annual report, including the most recent IRS Toro! 990, detailing the total compensation for the entities' executive leadership teams within thirty (30) days of execution of this contract, 11.8.1 The report must itic lude total compensation including sa€aiy, borluses, cashed -in leave, cash egLiivalcllts, severance pay, retirement benefits, deferred compensation, real-proporly gills, and any other payout, 11.8.2 The Contractor shall infanii the agency of any changes in total executive compensation between the amoral reports as those changes ='11r. 11.8.3 All compensation rCllor•ts must indicate what percent ofcotnpensa(ion conies directly frorll the State or Federal allocations to the contracted entity, 12. Ntlndiserimination-Civil Ri Fhts Compliance: 12.1 The Contractor shall execute Assurances as statui in the Assurancas-Noii-C'onstrlrelion Programs Altachment that it will not discriminate against any person in the provision of services or benefits under this contras;! or ill employment because of age, race, religion, color, disability, national origin, marital stattis, or sex in compliance with state and federal law and regulations. The Contractor further assures that all Contractors, Suhcontrao(ors, Sub -grantees, or others with whom it arranges to provide services or benefits ill cotmectioi) with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, Dolor, disability, National origill, Ilia rit.aI status, or sex. 12.2 During the terns of t11is contract, the Contractor shall complete and retain on fuse a timely, co111piete: and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures plirsttarlt to federal law to handle complaints of 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 from federal Iinannial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for (tie period daring which such assistance is providers, '[rile Contractor further assures that all Subcontractors, Vendors, or others with whorls it arranges to provide services or benefits to par( icipairts 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. Tn the event of failure to comply, the Contractor understands that the Agency nlay, at its discretion, seek a court order requiring compliance with the terms ofthis assurance or seek other appropriatc.iudicial or administrative relief including, but not limited to, torrnination of the contract and denial offlirtllerassismnce. 13. Monitoring by the Agency_: The Contractor shall permit persons duly authorized by the Agency to inspect and copy a11.y records, papurs, documents, facilities, goods, and services of the Contractor which are relevant to this contract, and to interview any cltcnts, employees, and Subcontractor employees of the, Contractor to assure the Agency of the satisfactory perfarmance of the terms and conditions of this contract. Following such review, the Agency will provido a written report of its findings to the ContractorAnd, where appropriate, the Contractor shall de-vclop a Corrective Action Plan (CAP), The Contractor hereby agrees to correct all deficiencies identified in the CAP in a timely planner as detelmined by the Agency's Contract Manager, 14, Pruvision of Services: The Contractor shall provide services ill 111e 1118liner described in Attachment 1. (J1 llf 5m (July 2021 - June 2022) HC E 203.21 15, Coordinated Man itnring tvith Other Aleneles: If the Contractor receives funding from otle or afore State of Florida hutllnn service agencies, in addition to the Agency, then a joint ltlonitol•ing visit including such other agencies relay be scheduled. For the purposes of this contract, and pursuant to Section 287.0575, F •S., as amended, Florida's ]tuman service agencies shall include the Agency, the Department of Children and Families, the Department of Health, the Agency for Pot -soils with Disabilities, and tiro Department of Veterans' Affsirs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comply and coopuratc with all monitors, inspec(ors, and/or Investigators, 16. New ContractLs) Reporting: The Contractor shall notify [lie Agency within ten (10) clays of entering into a ne4v contract with any ofthe remaining four (4) state human service agencies. The notification shall include tine following information: (1) contracting state agerney and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start altd end dales; (4) contract amount; (5) contract dc:wription and commodity or ser-vice; and (6) Contract Manager name and contact information, In complying with this provision, all([ p4lrSualit to Section 287.0575, F.S•, as amended, the Contractor shall complete the Contractor's Stale (ontracis List attached to this contract. 17, Xndenr,nifleatiotn: The Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and employees from ally and all claims, demands, actions, and causes of action of whatever natur4 or character arising ottt of, or by reasotl 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 file extent portnitted 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. lnsut•pttee and Banding: 18,1 The Contractor shall provide continuous adequate liability insurance coverage ditring 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 de lined by Section 768,28(2), F.S., the Contractor accepts ftlII t•esponsibiIity fclr identifying and determining (lie type(s) kind extent of liability insurance coverage :necessary to provide reasonable financial protections for the Contractor and the cliertts to be served under Ihis contract. The limits of coverage under each policy maintained by [lie Contractor do not limit tho Contractor's liability and obligations tender this contract. The Contractor shall ensure that the Agency has the most ourrent written verification of in5uratwe coverage throughout Elie term of this contract. Such coverage may he provided by a self-insurance prograin established and operatitng trader the laws of Elie State of Florida, The Agency reserves rho right to require additional Insurance as speuifled to this contract. 18.2 Throughout the term of this contract, the Conttractor shad rnninlain an insurance bond from a respoltsihle conlrnercial insurance company covering all officers, directors, cnnployees, and agents ❑f' the Contractor authorized to handle fields received or dishurscd under all agr•ertrletnts andlor contracts incorporating this contract by reference in an anlnunt coninlensurate with the funds Handled, the degree of risk as determined by the insurance company, and consistent with good business practices. I % Cnnfiticntictlit tat' Iutol Wrote t: The Contractor shall not use or disclose ally irlfol•nlation erancerning a recipient of services under this contract for any purpose prohibited by state -it- fcdoral law or regulations except with the writicn consent of a person legally authorized to give that consent or when authorized by law, 20, _Health lttsuratnee Portability ant] Accountability Act_ Where applicable, the Contractor shall comply with ilia Hcalth fnsttrancc Portability and Accountability Ace. of 1996, Public Lary 104-191, as well as all regulationns promulgated lltcrounder (45 CFR Parts 160, 162, and 164)• 21. Incident R"orting:- 21A The Conti -actor shall liotif} the Agency inrnnediitcly but no later than forty-eight (48) hours from the Contractor's Flwareness or discovery of conditions that may materially affect the C:ontractor's or Subcontractor's U 6 Alf 5N (July 2021 - June 2022) HCE 203.21 ability to perforinn the services required to be perforated tinder this contract, Such Notice Shall be made orally to the Agency's Contract Mantagur (by telephone) with an entail to immediately follow, 21.2 The Contlactor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or expioitution of a child, aged person, or d1sabled adult to the Florida Abuse Htltinc on the statewide toll -Free telephone number (1-800-96A131JSE). As required by Chapters Y) and 415, r,S., this provision is bidding upoll the Contractor, its Subcontractors, and their employees. 22, Banlirl.Mlev Notification: During the term of this contract, (lie Contractor shall immediately notify the Agency if the Contractor, its assignees, Subcontractors, or Mfiliates file a claim for bankruptcy. W41ihi ten (10) days after notlffcatloll, the Contractor must also provide the Following information to the Agency: (1) the date of filing of the bankruptcy petition; (2) the case number; (3) the court name hold the division in which the petition was filed (e.g., Northern District of Florida, Tallahassee Division); and (4) the (lame, address, and WIophone rllullber of tile bankruptcy attorney. 23. Simmorship Find Publicity-. 23,1 As required by Section 286,25, F,S,, if the Contractor is a lion -governmental organimtion which sponsors a program financed wholly or in pars by state rands, including any hinds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of (lie program, state: "Sponsored by (Contractor's naine) and the State of Florida, Deliarlment of Hider Affairs." If the sponsorship rcferencc is in written material, the words "State of Florida, Department of Elder Affairs" shall appear ill at least the saltle site letters or type as tine Inalnne of t11e orean ization, 23.2 The Contractor shall not use the words "State of`FIorida, Depatrtlnent of Elder A17fnirs" to indicate, sponsorship of a program otherwise financed, unless specific written authorization has been obtained by [lie 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 Agcncy. Any sublicense, assignnlcllt, or transfer otherwise occurring; without prior written approval of the Agency shalt constitute a material breach of the contt-lct. In the event titre State of Florida approves assignnlcllt of the Contractor's obligations, the Contractor remains responsible for all work Perfarilled and all expenses incurred in colulection wide this contract. 24.2 The State of Florida is, at roll tildes, entitled to assign or transfer, in whole or part, its rights, duties, or obligations tinder this contract to anothergovernmental agency !n the State of l' lorida upon giving prior written notice to the Contractor. 24.3 This contract shall remaill binditng Li Poll the St1CCC.'A NS ill 111terest of the; Contractor and [lie Agency, 25, Subcontracts,. 25.1 The Contractor is responsi1)le for all work performed and for ail colnmodides 1)roduced porstiatnt 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. Tile Contractor further agrees that the Agency will not be liable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shalt defend the Agency against tiny such 0lailus, 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Agency or other state agency. Faitnlre to make payments to any Subcontractor in accordance with Section 287,0585, FS., unless otherwise stated in tine contract between the Contractor and Subcontractor, Will result it, a Penalty as providcd by statute, 26. Independent Capacity of Contractor, It is tine intent and understanding of the Parties that the Contractor and any of its Subcontractors are independent Contractors Amid 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 furllicr intent amid understanding of the pal -ties that the Agency does not control the ennploymctll pralctices of the Contractor and will not be liable for any wage and hour, employment discrimination, or other labor and employment claims against 111G (July 2021 - June 2022) HCE 203.21 Contractor or its Subcontravtor& All deductions for social sectirity, withholding taxes, income taxes, contributions to uncmplgyrnont compensation funds, and all necessary insurance for (lie Contractor are the Sole responsibility of the Contractor. 27. Pn�t: Paynicnts shall be made to tine Contractor for all completed and approved deliverables (Emits of service) as defianed in Attachment 1. The Agency Contract Manage,. will nave 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., tuiless the bid specifications, purchase order, or this coat:•act specify otherwise. The approved invoice will be submitted to the Agency's finance section f'or budgeiaty apptovaI and processing. Disputes arising over invoicing alid payments will be resolved in iaecordatice with the provisions of Section 215•422, F.S. A Vendor ❑nilx idsman has been established within [lie Florida Deportment of Fin anc i a I Services and niay be contacted at 800-342-2761 28, Return of Funds: The Contractor shall return to (lie Agency any vvearpayments due to unearned funds or fluids disallowed, slid any interest attributable to such funds pursuant to the terms and conditions of this contract, that were disbursed to the Contractor by the Agency, In tine cvcni that the Contractor or its independent auditor discovers that an overpttyinwithits been shade, the Contractor shall repay said overpayment immediately without prior notification from the Agency. In the event that the Agency first discovers an overpayment has been made, the Agency Contract Manager will notify the Contractor in writing of such findings. Should repayment not be rinds: forthwitli, the Contractor ,hall be charged at Elie lawful rate al' interest on the nutssanding britance pursusaif to Seclion 55.03, F.S., atler Agency notification or Contractor discovery. 29. Data Inteerity and Safeguarding Inforina_tion; The Contractor sliall ensure an appropriate level of data security for the inl'rri•rnatlon (lie Corttrartor is collecting or using in lice performance of this coantract. An appropriate level of security includes approving and tracking all Contractor cniployees that request system or information access and ensuring that user access has been renioved from all terminated employees. The Contractor, aniong other requirements, must anticipate and prepare for the loss of ianrormation processing capabilities• A11 data and software shall be routinely backed up to ensure recovery f'roin losses or outages of the computer sysioni, The Security over the backed-u1) data is t❑ be as stringent as the protection required of the primary systems. The C.nlitractor slut€l ensure all Subcontractors maintain wri(wit procedures for computer syslein backup and recovery. The Contractor shall complete, and sigh tine Ccrtifioation Regarding Data Integrity Compliance for Agreenicn(s, Grants, Loans, and Cooper•ativc Agreenionts prior to the execudori of this contract. 30. Ctnii niter- Use and Social Media Policy: The Agency has implemented a Social Media Policy, in Addition to its Computer Use Policy, which applies to all employees, contracted employees, consultants, Other Personal Serviccs (OPS) employees and volurltccr-s, including all personnel affiliated with third partics, such as, but not Bruited to, contractors and subcontractors. Any entity that uses the Agenev's Computer resource systems must comply with the Agency's policy regarding social media. Social Media includes, but is not limited to, blogs, podcasts, discussion forunis. Wikis, RSS feeds, video sharing, social networks like MySpace, Facebook and Twitter, as well as content sharing networks such as flicks• and Yoti rube• This policy is available oat the Agency's website tat, ht(pWelderaffaits.state_tl,nsldrxalfiiaaunciril.p[ • 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board nienibers, management, aald Subcontractors from using their positions for a purpose that constitittes 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 sttppor•tcd by state or federal Hinds if a conflict of interest, r•cal or apparent, would be involved. Such a conflict would arise when: (a) tIic employee, oftleer or agent; (b) any member or Itislher irnrnedlate Cam ily; (c) leis or her partner, or (d) an organisation which employs, Or is abort to employ, any of the above irid ividuuls, has a financial or other interest in the firm being selected for award. The Contractor's or Subcontractor's officers, employees, or agents will skittles• solicit nor accept gratuitics, favors, or aoything of muuetarry value froiin Contractors, potential Contractors, or parties to Subcontracts. The Contractor's board members and managemem must disclose to the Agency any rclalionship which niay be, or may be perceived to be, a conflict ❑f interest within thirty (30) m1widar days of an irndlvidual's original appointment or placement in that position, or, 11' the individual is serving as an incumbent, within thirty (30) calendar days of the cornmencenient of finis contract, The Cmitractor's employees and U !IffAK (July 2021 - June 2022) HCE 203.21 Subcontractors detest make the same disclotiures described abovc to ilrc C outraator''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 leas been placed on the Convicted Vendor list following it conviction for a public entity crime may ant submit a bid, proposal, or reply ore s contmet to provide any goods or services to a public entity; may not subunit a bid, proposal, or reply on a contract with a public entity for the construe'tion or repair of a public building OF public work; may not submit bids, proposals, or replies oil lenses of real property to rt public entity; may not lie awarded or perform Nvork as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not Iran sact business with ally public entity in excess of the threshnId arnoum providcd in Section 287,017, F.S., For CA ROORY TWO for a period of thirty six (36) nionths following ilia date of being placed on the Convicted Vendor List, 33. Purchasing: 33.1 Tho Contractor small prcneure products and/or services required to perf'orin this contract in accordance with section 411036, F.S. 33.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY AR'11CLE'S TIIAT ARE THE SUBJECT OF' OR REQUIRED TO CARRY Our, 'rms CONTRACT SHALL B2 PiJRC1IASED FROM A NONPROFIT AGENCY FOR 'I HE BLIND OR FOR THE SEVERELY IIANDICAPPED THAT IS QUALINED PURSUANT TO CIIAPTI R 413, FLORIDA STATUTES, IN THE SUMP: MANNER AND UNDER TIIE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT TILE PFRSON, FIRM, OR OTHER BUSINESS LsNnTY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO ICE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFiTAGENCY ARE. CONCEKNED. 33,1,2 Pursuant to sections 413.030(1) and (4), F.S., the Contractor shall not be required to procure a product or service from RFSPFC"I' if; (a) the product or service is not available within a reasonable delivery time, (b) tine Contractor is required by law to procure the product or service from any agency of the state, nr (c) the Contractor determines that the performance specifications, price, or quality of tine product or service is not comparable to the Contraclor's requirements, 33.1.3 This act shall have precedence over any law requiring state agency procurement of products or services from ally other nonprofit corporation unless suc:in precedence is waived by the; Agency in accordance with its rules. 33.1.4 Additional information about the designated nonprofit agency and the prude:cts it offers is available at [ittp://www.i,espectofflorido.org. 33.2 The Contractor shaft procure any recycled products or materials which are. the subject of, or are required to carry out, this contract when the Department ofManagernent Services determines that lilose products are Available, in aecorctaace with the provisions of section 403,7065, F.S. 33.3 The Contractor shall 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 ACiRFFD THAT ANY ARTICLES WHICH ARE 'lHII, SUBJECT OF, ORREQUIRFD TO CARRY OUT, THIS CONTRACT SHALL 1313, PURCHASED FROM TfiE CORPORATION IDENTIFIED LINI)F,R CHAPTER 946, r.S., IN THE? SAME MANNER AND UNDER THE SAME PROCEDURES SLAT FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT TIIE PERSON, F1RM, OR 9111E R BUSINESS ENTiTY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO E3F, SUBSTITUTED FOR 71-11S AGENCY INSOFAR AS DEALINGS WITH SLICII CORPORAT] ON ARE CONCERNED, 33.3.2 The corporation identified is Prison Rehabilitative Industries and Diversified Enterprises, Iris, (PRIDE). Additional EnfOrIllatiCnl aboLrt PRIDE and the commodities or corttrACtual services it offers is available at l itt ps , //pride -en terp r i se s, o r•g/. C� f� 9 nl'SS (duh 21121-.June2022) HCE 203.21 33.4 The Contractor shall provide a CertiFted Minority Bilsiness Subcontractor Expenditure (CMBE) Report summitsrizing the participation of certified suppliers for the currolit reporting period and project to dale, The CM13E Report shall include the names, addresses, and dollar amount of each ccrtiliod participant, and a copy must be forwarded to the Agency, Division of Financial Administratinit, and must accompany each invoice suibmitted to the Agency. The Office of Stipplier Diversity (850-487-0915) will assist ill furnishing moles of quatilied minorities. '1'lie Agency's Minority Coordinator (850-414-2153) vvill assist with ciuestions and answers. Tile CMBF Report is attached to this contract. 34. Patents Copyrights. Ro altiest If this contract is awarded state fundiltg and if uIlly discovery, invention, or copyrightabfe material is developed ol• produced in the course of or as a result of work or services performed under this contract or in any ►vay C.onllected with this contract, or if ownership of any discovery, invention, or copyrightahle material was purchased in the course of'or as a result of work or sorvicos performed under this contract, the Contractor shall refer [lie discovery, invention, or copyrigittable material to the Agency to be referred to tlic; Uepartntent of Statte. Any and all patent rights or copyriglits accru ing under this conlracl are hereby reserved to the State of Florida in accordance with Chapter 286, P.S. Pursuant to Section 287.0571(5)(k), F,S,, the only exceptions it) this provision shall be those that are clearly expressed and rcasonahly valued in this contract, 34.1 if the primary pill-posc of this contract is the creation of intellectual property, the State of Flovida shall retain an unencurliberod right to use such property, notwithstanding ally agreement made pursuant to this Section 34. 34.2 1Fthis contract is awarded solely federal funding, the terms and conditions arc governed by 2 CFR § 200.315 or 45 CFR § 75,322, as applicable. 34.3 Notwithstanding the fortgoing provisions, if tiie Contractor or one of its Subcontractors is a kiniversity and a nicrilber of the State Ulliversity systein of Florida, then Section 100,1,23, F,S„ shall apply, but the Agency shall retain a perpetual, fully -paid, )onexcklsive license for its use slid the use of its Contractors, Subcontractors, or Assignees of any resulting patented, c:opyrigjited, or trademarked work. products, 35, Einer encv Pre aredness and Continuity of 0 eratians; 35.1 1f the tasks to be per1i0rrlled pursuant to t11is contract include the physical care and control of clients, or the aldministration and coordination of services necessary for client health, safety, or welfare, tiie Cnntracto r shall, within thirty (30) calendar days of the exectition of this contract, subunit to the Agency Contract Manager, verification of an Pmorgency Preparedn►:ss Plan. In the evelit or an emergency, the Contractor shall notify the Agency emergency provisions. 35.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor snail renlain responsible for performance under this contract: and must follow procedures trl cnsulre continuity of operations without Interruption, 36. Eutdnlnent: 36.1 Equipment means: (a) tangible personal property (including illrol-ltlatioli technology systems) having a 11sefui life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of'the capitalixaitiori level established by file organization for the financial statement purposes, or $5,000.00 [for federal funds - 2 CUR § 200.33 and 45 CFR § 75.2, as applicable], or fbl; notiexpendable, tangible personal property of a non -consumable nature with an acquisition cost of $5,000,00 or more per unit, and expected useiiui life: of at least one (1) year, and hardback hound books not circulated to students or the general public, with a valise or cost of $250r00 or more [for state funds]. 36,2 Contractors and Subcontractors who are [,Is titutiolis of Higher Education, Hospitals, and Other Non -Profit Organizations shall have writicrl property managernont standards in compliallc:e with 2 CFR Part 200 Administrative Requirements (formerly OMB Circular A-110) that include: (tit) a property list with all the elements identified ill the cil•culai•; (b) n procedure for conducting a physical inventory of equipment at 10ast oiler. every two (2) years; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment; and (d) maintenance procedures to heel) the equipment in good condition. The property records must be iiiainta hied oil file and shall be provided to the Agency upon t•erluest. 'rhe contractor shall pkonioly investigate, Rilly docuincot, and notify the Agency Contract Mimatger of any loss, datniage, or lheft of equipnicnt.The Contractor shall provide the I-estllts of the investigation to tile Agency Contract Masingcr- 10 if-M (July 2021-June2022) HCE 203.21 36,3 The Contractor's property tnanagenhent standards for equipment (including rcplacenhent equipment), whether acquired in whole or in part with federal funds and fadorally-owned equiptent shall, at a mininlitm, nieut the following requirements and shall include accurately maintained equipment records with the following informnf on: 36.3.1 Property rccoMN must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, snodel nunhber, federal stack number, national stock number, or other identification nuniber; 36,3.3 Source of funding for the equipment, including [lie federal award idontification ntimber; 36.3.4 Whether title vests in the Contractor or the redernI 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 partioilhalion in the, cost of the equiptnent (not applicable to equipment furnished by the federal government), 36,3.7 Locntio►l, 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 ofdisposal and sales price or the nhetlhod used to determine current fair nharket wiltie where a Contractor compensates the federaI award iDg agency for its share, 36.3,10 A physical inventory must be taken, and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must he developed to ensure adequate snfegunrds to prevent loss, damage, or theft of the property, Any loss, damage, or theft must he investigated. 45 CFR § 75.320(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 authot•ired or required to sell the ecluipmunt, proper sales procedures must he eslablislhed to ensure the highest possible return, 36.4 EquipinenI purchascd with federal funds with an acquisition cost over $5,000,00 and equipment purchased with state fonds witch an acgtisition cost over $5,000.00 is pail or the cast of carrying out the activities and functions of the grant awards and title (ownership) will vest in the Contractor [for federal fiords sec 2 CFR § 200.313(a) and 45 CFR § 75.320(a), as applicable], subject to the conditions of 2 CFR part 200 and/or 45 CFR fart 75, Equipment purchased under these thresholds is considered supplies and is nol subject to property standards. Fgtiipment purchased with funds identified in the budget aitacliments to agreements covered by this contract or Identified in the sub -agreements with Subcontractors (not included in a cost methodology), is subject to the conditions of Chapter 273, KS., rule 60A-1 A17, F. A. C'., and 2 CFR Nail 200 andlor 45 CM Part 75. 36,5 The Contractor shall not dispose of any eq❑ip►htent or materials provided by the Agency or purchased with fonds provided through this contract without First obtaining the approval of the Agency Contract Manager, When disposing of property or equipment the Contractor [mist submit a written request fDr disposition Instructions t€1 tile Agency's Contract Manager. The request should include a brier description of the property, purchase price, N11di+hg source, and percentage of state or federal patticii ation, acquisition date find condition of the property, The request should also indicate the Contrnetor's proposed disposition of the property (i.e., transfer or donation to nnotlher agency that adnhinistcrs federal prugeams, offer of the iWilts for sale, destroy tlhe items, etc,). 36.6 The Agency Contract Manager will issue disposition instructlons, If disposition instructions are not received within one ihundred twenty (120) days of the written regttest for disposition, the Contractor is [authorized to proceed as directed in 2 C1-R § 200313 or 45 CFR § 75.320, as applicable. 36.7 Deal properly means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property niay 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 Ameh•icans Act thirds are subject to tltc provisions of Title 42, Chapter 35, Subchapter 111, Part A., Section 3030b United States Code (U,S,C.), Real property purchases from state funds can only be made tltroul;h f XCd capital ohrtlay grants and aids appropriations and therefore are subject to the provisions of Section 2-tG.348, F.S. I 1 of 5M (July 2021 - June 2022) HCE 203.21 36.8 Any permancnt storage devices (e.g.: hard drives, romovablo storage media) must he reformatted and tested prior to disposal to ensure no confidential information remains, 36.9 The Contractor must adhere to the Agency's procedures and standards when purchasing €nformation Technology Resources (ITR) ss part of any agrectnolit(s) incorporating this colitu-aCt by reference. An ITR worksheet is recloiced for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, ttainhig, personnel, and facilities. The completed ITR workshccl shall be maintained in the LAN administrator's file and must be provided to the Agency upon realoest. The Contractor has the responsibility to require any Snbcontractoi.s to comply witlt the Ageticy's ITR procedure-S. 37. P[IR 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at: httl}:Ilww►v.nay_f1Ut'ida.es�ut�la sly_hsladocl1�774b PURIOQQ,pdf In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract, the terms or conditions of this contract shall take precedence over t€le PUR 1000 Form. IIo►vever, if the conflicting terms or conditions in the PUR 1 000 Form are required by any section of the Florida StmMics, the terms or conditions Contained in [lie Phut 1000 Form shall take precedence, 38. Ise of State Fiands to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest, in the property at least to the amount of state funds provided for at least five (5) years from tilt: (late of purchase or the conlpledoil ofIhe. iill pruvcmcnts or as fuulller required by law. 39. Dispute Resolution. - Any dispute con❑erring performance of the contract: shall be decided by the Agency Contract Manager, who shall rediseethe decision to writing and serve a copy oil the Contractor. 40. Financial Consequences II' the Contractor fails to meet the tninirllunl level of service or performance identified in this contract, the Agency slaaalI impose financial consequences as stated in Attachment 1, 41. No Waiver• of Saverei u Intniunl : Nothing contained in this contract is intended to wrvk- :as tl ►►'taiver or.5ovemign immunity by any enlity to ► 1lich snvereign immunity may lie applicable, 42, Venue• If any dispute arises out of this contract, the vealue of such logo] recourse shall be Leon County, Ylorida. 43. Entire Contract, This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations sllrall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written Hrnendment to this contract signed by both Parties. 44. Force Ma eure: 'the Parties will not be liable for any delays or flailures in perfornimice due to circumstances beyond their Control, provided the party experiencing the force majcure condition provides immediate writton notificati43l to the other party and takes all reasonable efforts to dire the condition, 45. Severahility Clause: The Pasties agree that if a come of competent _iurisdiction deems any tern or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condiiflon Precedent to Contract Aiitli• m!ft ions: The Parties agree that the Agenoy's performance and obligation to pay under this contract are contingwit upon an annual appropriation by the Legislature, C" U 12of58 (July 2021 -June 21122) HCE 203.21 47. Addition/Deletion,. The Parties agree that thu Agency reserves the right to add or to delete any of the services required under dais contract when deemed to be in the State of Florida's best interest ail(] seduced to a written amendment signed by both Parties. The Parties shad negotiate cor"pensation for any additional services added. 48. Waiver: The delay or failure by the Agency to exercise or enforce any of Its rights inkier this contract will not constitute or be dceined a waiver of the Agency's riglit thereafter to enforce those rights, iior will any single or partial exercise oC ally such right preclude any other or further exercise thereof nr the exercise of any other right. 49. ConilAhinec: The Conlractor shall abide by all applicable current federal statutes, laws, rifles, and regulations as well as applicable Q111-rent sta(c statutes, laws, rules and regulations, The Parties agree that failure of the Contractor t0 abide by these laws shall be deenhed tin event of default of the Contractor and subject the contract to immediate unilateral cancellation of the contract at the discretion of file Agc1lcy, 50. Final Invoice: The Contractor shall submit the filial invoice fog• payment to the Agency no later than thirty (30) days after the contract ending date unless otherwise specified in Attachment I, If the Contractor fails to do sn, all rigllt to payment is forfeited and the Agency shall not honor any requests suhmilted after the aforesaid ti:lie period, Any payment due under (lie terms of this contract shall he withheld until all required documentation and reports duc from the Contractor and necessary ad.justnments thereto have been approved by the Agency. 51. Renegotiations of Modifications: Modifications of the provisions of this contract shall bo valid only when they have been reduced to writing and duly signed by both parties, 'nic rate of payment And the total dollar nnlount may be adjusted retroacdvoly to reflect price ]eves increases and chariges in tine rate of payment when these have been established through the appropriations process and subsequeally identified in the Agency's operating budget, 52. Suspeusion 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 or the State to do so, The Agency shall provide the Contractor written notice outlining the particulars of stispensinn. Examples of the reason Cor suspension incltide, but are not limited to, budgetary constraints, declaration of emergency, or other such circunistan=,. After receiving a stispcnsion notice, the Contractor shall conhply with the notice rind shall not accept any purchase orders. Within nhaety (90) dnys, or any longer period agreed to by the Contractor, the Agency shall either: (1) issue a notice authorizing resunnlhtinrl of work, at which time activity shall resume, or (2) terminate. the Contract or purchase ❑icier. Suspension of work shall not entitle (lie Contractor to any additional compensation. 53. Termination: 53.1 Terniffratiou for Convenience. The Agency, iay written notice to the Contractor, may terminate this contract ill whole or in past when the Agency detormines in its sole discretion that it is ill 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 CoutrRetor shall not be entitled to recover any cancellation charges or lost profits. 53.2 Termination for Cause. The Agency may terminate this contract if the Contractor fails to: (1) deliver the product within the tonne specified in tlho contract or any extension, (2) maintain adequate progress, thus endangering performance or the contract, (3) honor any Lerrn cif tin: contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of Subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without thi fault or 11t:gligCl1Ce, of the C0111FaCtor. If the Cailurc la perform is caused by the ds:fatrIL of a Subcontractor at any tier, and if the ctiuse of the default is conipletely beyond the control of both the Contractor and the Subcontractor, and without the fault or negligence of either, the UAlf 5S (July 2021 - June 2022) --•-., -•-- --• --- HCE 203.21 Contractor sliall not be liable for any excess costs tar failure to perform, unless the subcontracted products were obtainable from other soul-ces in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Cmitraclor was not in default, or that the default was excusable, [lie rights and obligations of the. Parties sliall be the same as if the termination had bee37 issued far the canvcnie13ce of the Agency, The rights and comedies of the Agency in this clause are in addition to any other rights and remedies provided by law ar under the contract. 54. Electi-mle Recoj-ds and Si era€rare: The Agency authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions nccessmy to carry out the terns of this contract. A Contractor that cic-Mes and retains clectronic records acid uses electronic signatures to conduct transactions shaU comply with the requirements contained in the Uniform Electronic Transaction Act, Section 668.50, FX All electronic records must he fully aLid itaable; are. subject to Florida's PubIic Records Law, Chapter 119, r,S,; must comply with contract Section 29, Data Integrity and Safeguarding Information; must nmintain all confidentiality, as applicable; and must be retained and maintained by (lie Contractor to the saute extent as non-clectronic records are retained and maintained as required by 113is contract. 54.1 Thv Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 54.2 Upon request by the. Agencv, tltc Contractor shall provide the Agency With non -electronic (paper) copies of records. Nan-clectronic (paper) copies provided to the Agency any document Ihact was originally in clectronic rorni with an electronic signature must identify the person and the per, m's capacity who electronically signed the document on any non-clectronic copy of the document, 55. Contract Mannizer. The Agency may substitute any Agency employee to serve as the Agency Contract Ma:tagm REMAINDER 0FThi'F. PACYE INTFNTIU,' ALLYLEFT BLANIC U U of 158 (July 2021 - June 2022) HCE 203.21 56.00ficial Payee and Re rrescntatives Nantes Addresses and Teletflione Numbers The Contractor name, as shown on page I of this Caltier Count Board of Cotinty Commissioners a, contract, and nisi ling address of the official payee to 3329 E Tanniami Trail, Building H whom the payment shall be made is; Naples, FL 34112 e contact person and street address The nantc of tile IG.i•isti 5on ntag, Director Col tier Count Board of County b. where financial and administrative records are Commissioners tnaittitahted is: 3329 E Tani ianii Trail, Building 1-1 Naples, FL 34112 Kristi Sonntag, Director nic mane, address, arid telephone number of the Collier Count Board of County Commissioners C. representative of [lie Contractor responsible for 3329 E Tuntiami Trail, Building H administration of the program Finder this contract is: Naples, FL 34112 _ 2.39-252-2273 Area Agency on Aging for Southwest Florida, The section and location within the Agency where Inc. d. Requests for Pnyment and Receipt and Expenditure 2830 Winkler Ave, Suite 112 farms are to be niailed is; fort Myers, FL 33926 Riuhard Coccllied, Director of Finance The name, address, and telephone; number of the 2830 Winkter Ave., Suite 112 e. Contract Manager for this contract is: Fort Myers, FL 33916 239-652-6922 Upon change of representatives (names, addresses, telephone nuinbers) by either party, notice sliall be provided in writing to the other pa4. 57. All Ternris and Conditions Include This contract and its Attachments I — XIV, including any exhibits referenced in said attachments, togetim- with any documents ittcorporated by reference, contain all the terms and conditions agreed upon by [lie Parties. There ar-e no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous conimunicaf ions, representations, or agiwntents, either written or verbal, between the Parties. Fay signing this contract, the Parties agree that they halve read and agree to the: entire contract. IN WITNESS WHEREOF, tlic Parties hereto have caused this fifty-seven (57) page contract to be execu led by their undersigned officials as duly authorized - CONTRACTOR: COLLIER C� BOARD OF LINTY CO + RS SIGNED B NAME: Daniel R Rodrig tee T1'rLF,:--2ubI i cService Dp-pa4111 cut Head DATE: 081 1.3 lZ02.1 Federal Tax ID: 59-60000559 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNE�BY- NAME: Norma Adomo TITLE: C'LO DATE: August 18. 2021 Approvcd as to forrip and legality • tlnl Courtly Ativrney 1.5, of 58 � (July 2021 - June 2022) --- - ----- --- HCE 203.21 INDEX OF ATTACHMENTS ATTACHMENTI ..................... .......... .............. ......... ........... ......... ............... ....... .................. ....................r...n,., 17 STATEMENTQFWOBK.............. ................ —k..,,..,.,,,.,.,,.,,,,...,.,..,,................... I .................... I.IIkI, ..,..,.,...,.,.., 17 ATTACHMENTIl................................ .,.....,......,,..,.,,...............,.,...............,.....,....................... 31 FINANCIAL AND COWL MACE AUDIT............................................................—..,,,.,..,,,,,.,,.,....,.I.-........, 31 ATTACHMENTIII..,....,...........,........,..,,.,..,.,.....,...,.,...................................,...............,..37 CERTIfIC'ATIONSAND ASSURlf,'VCES'....................,..,,.,,.,,,,,,,.,......,,,..,..,.,...,,,.,..,,.....,,..,.P...— d................... 37 ATTACHMENTIV...............................,,F.,.,........,.........,,............,..............,......—.,,,,,...................................... 42 AaS'SURANC&3--N0AF C0AWTRUCTION PRC)CrRAJWS................. ........ ........ ................ .......... ....... ,............... 42 ATTACHMENTV.............................................................................................................................................. 44 F1,O■ll�I DA Depai-Imenl of ELDER AFPAIRS' C.111IL RIGHTS' COMPLI.�i.NCE' CHECKLIST .......................... 44 ATTACIMENTf ■ .............................. ................,.............,............................,,....,,.,....... 1.10......4.44..6...... ol... 1.. 8 CONTRA CYOR'S. TA IF CONTAACTLIST........................................................................................... —.... 48 ATTACHMENTVill........................,.....................................................,...........,..,..,.....,....,.,........................... 50 CERTIFIL'D _AII1VORU'Y' BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM- . ................... 50 ATTACHMENTIX................................. .................................. ........................,...,..,,,...,,............ 52 ANNUAL BUDGET SUAIMARY.................................,...,.,..................................,,.,,.,,.,..,,,,,............................. 52 ATTACHMENTX ............................................................................ ...... ............... ............... a ... .....,...... I......... 53 INVOICE; REI'ORTSC_'I—IF_DTJI.E.....................................................—............. ................ ,............ ,................. 53 ATTACHMENTX1.............................................. ..................... ,.... ......... .,.... .,.....,,.............. .................. .,.....,.... 54 REQUEST FOR PAYWEATT......... .............. ................................. .......... ,............. ,............. ,....... ...................... p 54 ATTACHMENTX11..............................................................................................................0..........,,.......,....... 55 RE, C EIPT AND L14P NDI`I'URE REPOR7.......... ........ "...,..,..,.... ..,.,......... ,... .,......................... ........................ 55 ATTACHMENTXIH..................................................................................................................................... 56 COST REIMBURSEMLMNT,SUMllrARY........................—.......,...,.dd—....,.—.,,.—,p.... ,......... ,.,,....,..,.................. . 56 ATTACHMENTYIV.................................................... .... ............................ ,....... ............................................. 57 .3 RVICE RATE RFP0RT ...................................................... —d........... d,ddpp—.,,.,.,..,.................... ,........... —, 57 1611M (July 2021 - June 2022) HCE 203.21 ATTACHMENT l STATEMENT OF WORK 1. SERVICES TO BE PROVIDED A. Definitions of Ternis 1. Acronyms Activities of Daily Living (ADLs) Aren Agency on Aging (AAA) Access Priority C031sntl]cr List (APCL) Adult Protective Services (A PS) Code of Federal Regulations (CFR) Corrective. Action Plait (CAP) Community Care for Disabled Adults (CODA) Community Care, for the Elderly (CCE) Client Information and Registration Tracking System (CIRTS) Departnteat of Cliildren and t'amiIies (DCF) Florida Administrative Code (F,A.C.) Florida Department of l:;lder Affairs (DOEA)Florida Statutes (P.S.) IIonie Care For Disabled Adti.Its (HCDA) Home Care for the Elderly (HCH) Itrstitutional Care Program (ICP) Instrumental Activities of Daily Living (IADLs) N01ice Of Instructi011 (NOI) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) United States Code (U,S.C.) 2, Pregram-Specific Terms Aging Out: The condition of reaching sixty (60) years of age and being iratisitioned from DC F's CCDA or HCDA services to the Agency's community -based services, Arex Plan; A plan developed by the Contractor outlining a comprehensive and coordinated service del ivety systein in its PSA in accordance with the Section 306 of the Ofdcr Americans Act (42 iJ,S,C, § 3026) and Agency instructions, The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update; A revision to the Area Flan wherein the Contractor enters TICE-speci4"ic data in CIWI'S. An update may also include other revisions to the Area Plan as instrutstcd by the Agency. Department of Elder AlTalm Programs and Services flaudbook (UOEA Ilandbook) : An orficlaI document of DOER. The DOEA Handbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers of DOEA-funded programs. An annual update is provided througli a NOI. Functional Assessment: A comprehensive, systematic, and mLill idimensional review of a person's ability to remain independent and in the least restrictive Iiving arrangetnent. 0140 i2 of58 HCE 203.21 (July 2021-Junc2022) NOL The Agency's established melhod to con1nr11111vaie to the Contractor the requireill'lit to Ilerfurnl a specific task or activity in a particular tllanner.. NO1s are locttted nil the Agoiley's website at itti :Ilclderaffairs.state,fl.usl 's. 11 . Flrogratn Ilighligllts; Stlecess stories, quotes, testimonials, or liu:llall-interest vignettes that are used ill the SOPS to demonstrate how programs and services help elders, fall' iIies, and caregivers. Summary of Progrartls and Services (SOPS): A dMU Melit produced by the Agency and updated yearly to provide the pub Iiic and tile- Legislature with information about progran15 and services for Florida's elders. B. GENERAL DESCRIPTION i, General Statement The purpose of the HCE Program is to enoaurage the provision of Care for eldeni in family -typo living arrangenu:nts in private llonles as an alternative to Nursing homes or ether institutional care settings. 2, Howe Care foe' the leldelt P11•09ranl Missioll St0cmleltt ']'lie HCE Progranl assists caregivers of three (3 ) or fewer eiders, living in private homm, through the provision of a basic subsidy Car maintenance and slipervision, as well as otller necessary speci111iced services. 3. Authority The relevant authority governing (lie UCF Prograill includes: a. Sections 430.601-430.606 and 430.608, F,S.; b. Rulc Chapter 581I-1, F.A,C; and e, The Catalog of State Financial Assistance (C:SFA) Number 65001. 4. Scope of Selwice The Contractor is responsible for the program mattic, fiscal, and operational nlanal enlent of the HCI; Program. The program services shall be provided in a 111anner consislellt wit11 the Contractor's current Area Plan, as updated, and the current DOER Handbook, which are incorporated by reference. 'I'lle Contractor agrees to be bound by all subsequent amendments and revisions to the DOER Handbook, and the Contractor agrees to accept all sLicll alncn(inlcats and revisions vita a NO], 5, Major Progi-arn Goals The major goals of the 1-ICE Program are to ensure that: a. A basic subsidy is provided to the caregiver of eKeh client; and b, A special subsidy is provided when essential to the well-being of talc client. C. Clients to be Served 1, General Description The HCP, Program serves elders age sixty (60) and older at risk or placement ill a MIrsillg 11011le nr othel• institutional settingwho eall remain ill a falllily-stylesetting with a Caregiver through the provision of subsidies. 2. (Atent Eligibility Clients eligible to receive services tinder this coiltralct must illeectlio fn1io",iiig regLikl'ClTleltts ili accordance wlth Rule 5811-IM5, F,A.C:.: a. Be sixty (60) years of age or etder; b. Ho a cumunt resident of the State of Florida with [tic intent to remain ill the state; aura c. MecE the criteria For functional and financial eligibility set faith below: i. Be al risk of nursing home placelneslt based oil DOF;A 701 B assessment, and ii. Have self -declared income and assets which der mt exceed the.1CP Iimits estabiished by MQdicald anti DCF, or 1$ Of Bs (July 2021 - Junc 2022) HCE 203.21 Ill, Receive Supplemental Security lnconie MI), or iv. Receive bcaefits as a Qunliiled Medicare Beneficiary (QMB) or as a Special Low-fncollle Medicare Beneficiary (SI,MB); and v. Have all approved vareQlvor who incets tllc caregiver requirensellts pursuant to Rule 5811-1,006, I=.A.C., and the dwelling requirentents pursuant to Rule 58H-1.007, F.A.C. 3. Cat'egivel• Eligibility Caregivers eligible to receive services tender this Contract Ittust: a. Be at least eighteen ( 18) years of age; b. Be capable of providing a family -type living environment for the home care client/recipient; e. Be a relative or friend who has been accepted by Elie client as surrogate family, or a responsible adult with whom thu client has made an arrangement to provide home care services; d. Be wiI1ing to accept responsibility for the social, physical, and entotionarl needs of the home care clielltlreci1)ient; e. Be physically present and live in the horns to provide supervision and to assist in arrarlgemclit of services for the client; f Maintain the resident inI dwelling free of conditions that pose an immediate threat to Elie life, safety, health and well-being of the ]ionic care client in accordance with Rule 581I-1.007, F.A.C.; and g, Be Nvithout record of eonvicdim of'abuse, neglect, or exploitation of another person. 4, Targeted Groups Priority for services provided udder this contract shall be given to those eligible persons assessed to be at risk of placellleltt ill all institution, II. MANNER OF SERVICE PROVISION A. Serrylee Tasks To achieve the goals of the HU' Program, the C outractor shall perform, or ensure that its subcnrltrsctors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data. is cvaluated to determine eligibility. Migibility to become a client is based on meeting the r•equir-enicnts described in Section I.C.2. and I.C.3. 2. Amessment and 11rinvitization ofSet-viceDelivel-S for New CIients The Contractor shill ensure the following criteria are used to prioriti/c new clients in the sequence hciow for service delivery. it is not the intent of the Agency to remove existing clients E'rolll services to serve new clients being assessed rind prioritized for service delivery, a. Inrmincnt Risk individuals: Individuals in the community whose :Mental or physical health condition has deteriorated to the degree that soli -care is not possible, there is no capable wtvgiver, and nursing horde placement is likely within one (1) month or vary likely within three (3) months. b, Aging Out individuals: Individuals receiving CUM and IICDA services through DCF's Adult Services trallsitioning to community -based services provided (]]rough the Agency when DCI-'s services are not currently available, e. Service priority for individuals not included in at. or b. above, regardless of referral source, will he detornihied through the Agency's functional assessment administered to each applicant, to the extent funding is available, 'I'hc Contractor shall ensure that priority is given to applicants at the higher levets of frailly and risk of nursing home placetncrtt. Far individuals ,issessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 19 of M (Juh 21121 - June 2022) HCE 203.21 3. Progrant Sex -vices The Contractor shall ensure t€le provision of program services is coils istent Ivith the Coll tritctor"'s ellrrent Areal Plats, as updated and approved by the Agency, slid the. current DOEA Handbook. B. Staffing Regttit entents 1, Stuffing Levels The Contractor shall assign its own gdmiaistrative and support staff as needed to perform the tasks, responsibilities, and duties tinder this contract and ensure that subcontractors dedicate adequate staff accordingly. 2, 1'rAfemsionall Qualifications The Contractor shall enstrre that tlle: staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3, Service'll'imes Tlie Contractor shall ensure the avoilabi[ityof services listed its this contract at tittles appropriate to meet client service deeds including, at a mininitim, during normal businoss hours, Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p-m- local time. 4. Use of Subcontractors If this contract involves the use of a sul5contractor or third pnrty, there the Contractor shall tint delay the implementation of its agrecnlunt with the subcontractor. if any circumstance ❑caurs that may result in a delay for it period of sixty (60) days or more of (lie initiation of the subcontract or tile performance of the suhcontractor, the Contrattor shall notify the Agency's Contract, Manager and the Agency's Chief Financial Officer in wri ling of such delay, The Contractor shall not permit a subcontractor to pertorm services related to this agreement. without ]laving a binding subcontractor agreement exec:trted prior to the subcontractor's performance. The Agency will not be responsible or liable for any obligations or clainis resulting f,0111 such action. a. Copies of,sobcontracts 'rho Contractor 8ha11 sit hill it a copy of till subconIructs to (lie Agency's Contract Manager with ill thirty (30) days of'the subcontract tieing executed. b. Mvnitariiig the Poirformaiiee of sltbcontrKctoi•s I'lic Contractor shall nnnnitor, at least once per year, each of its subcontractor's, subrecipients, vendors, and/or consultants paid from Fundy provided under this contract. The Contractor shall perform fiscal, administrative, and progrartim,itic monitoring to ensure contractual compliance, Fiscal accountability, Programmatic performance, and compliance Nvitll applicable- state rind federal laws and regulations, The Contractor shall monitor to ensure that (ho budget is met, the scope of work is accomplished within lire spe,clfit ed titile periods, and all other performance goals staled in this contract are achieved, C. Col?ics of subeotiti•ttctor Moiiitoj ing Reports Tile Contractor shall forward a copy of all subcontractor monitoring reports to the Agency's Contract Manager withiu thirty (30) days of the report being issued to the subcorltt'actors, subrecipients, vendors, anti/as• Consultants. C. Deliverables The fullowing section provides the specific qua tit i futhl e units of deliverables and source docunientatioii iecpuired to evidence the completion of the tasks specified in this contract, 20 t U (July 2021 - June 2022) HCE 203.21 1, Delivery of Services to Eligiblc Clients The Contractor slink ensure the provision of a cant mun of services that meets the diverse needs of functionally impaired elders and their caregivers, The Contractor shall not provide Special Subsidies, case managetnont, or case aide services directly to clients or caregivers, 'rhe Contractor shall enstire that perlormanuL and reporting of tine f'nllawing services are in accordance with the Contractor's current Agency -approved Area Plan, the eurrent DOBA. Handbook, and Section 11.A.I.-3. of this coti -act, Documentation of service delivery must include a report consisling of the following; number of clients served, numhcr ol'service units provided by service, and rate per service unit with calculations that eilual the total invoice annount. The services include tine following categories: a. Rasie Subsidy The Contractor shall ensure that the Basic Subsidy is a cash payment of $1 GUAq made to an approved caregiver each month to reimburse expenses incurred in caring for the client as detailed herein anti in the current DOEA Handbook, The Basic Subsidy is provided for support and maintenance of (lie care ciientlrecipietnt, including 110using, rood, olothing, and medical costs not covered by Medicaid, Medicare, or tiny other insurance. A Basic Subsidy shall be paid to aulltorized caregivers when the client is in the liome for any part of the m❑nt.h. h. Special Subsidy Services The Contractor shall ensure that the Special Subsidy payments are lyre -authorized and are based oil additional specialized medical or licalth care services, supplies, or eeluipment needed to maintain the health and well-being of the individual elder. The Special Subsidy for additional medical support and special services is is Gash payment to re-innburse the costs of any other service or special care not covered by Medicaid, Medicare, or private insurance when these set -vices are determined to lie essential to maintain [lie well-being of the home care client/recipiont, A Special Subsidy shall be paid to tine authorized caregivers when the cI€ent is in the home for any part of the month. Special Subsidy services may he authorized thronagh a subcontractor agreement. All Special Stibsidy services must lie performed in accordance with the current DOER Handl-took. Special Subsidy services include the following; I) Adult Day Care 13) Occupational Therapy 2) Adult Day Health Care 14) Otlner 3) Cargiver Training/Support 15) Personal Care 4) Chore 16) Physical Therapy 5) Chore (Enhanced) 17) Respite (Facility Based or In -Heine) G) Counseling (Geronfologica1) 18) Shopping Assistance 7) Counseling (Mental Health/Screcuing) € 9) Skilled Nursing Services 8) Home Health Aide Service 20) Specialized Medical Equ€pme nt, Services and 9) Homemaker Supplie4 10) 13ontc Delivered Meals 21) Speech Therapy f I] Housing lit?lnrovemant 22) TeIephone Reassurance 12) Material Aid 23 11'ransporktttion c. Access to, and Coo rdenail ion of', Sent=ices `1'he Contractor shall ensure, through case management and case Ride services, that the HCE client's needs are documented, and needed services are planned, arranged, and coordinated for the client and caregiver. 2. Set -vice Units The Contractor shall ensure that the, provisio» of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section I1.A. Attacliment XIV, 3orvice Irate Report, lists tine services that can be perf:cirmed, tine highest reimbursement unit rate, the method of payment, and the service tout type. Units or service ►v111 be paid put:suAnt to the rate established in the Contractor's Area Plate as updated, as shown in Attachment XTV, and approved by the Agency. 21 of M (July 21121- June 2022) HCE 203.21 I 3. Administrative Responsibilities The Contractor shall provide managenrent and oversight o€' 11C:E Program operations in accordance with the current DOBA Iandbook and the Agency -approved Contractor's Area Plan and Cost Analysis., Management and oversight of HCE Program operations include the following: ca. Developing a competitive solicitation process for allocution of HCF funds, including appeal procedures for handling disputes involving local service providers; b. Developing an Area Plan and updating it annually, at a minimum, as directed by thn Agency, c, Designating appropriate and capable local service providers and establishing vendor agreements at the AAA level, when applicable for local service providers and TILE services according to manuals, rules, mid agreement procedures ofDORA, d. Providing technical assistance and tr-aining to local service and vendors to ensure Provision of quality services; e. Monitoring and evaluating local service providers, subcontractors, and vendors for fiscal, administrative, and progratnmofle compliance; f. Appropriately and timely submitting payments to subcontractors; g, Arranging in-servica training for loco] service providers at le-gst annually; It. Establishing procedures for handling recipient complaints and enstwhig that subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services, Complaint procedures shall address the quality and timeliness of services, provider and direct service worker complaints, and any other issues related to complaints (other than termination, suspension, or reduction in services) that require the grievance process as described in Appendix D of the current DOEA Handbook. The complaint procedures shall inclLrde notification to all clients of the complaint procedure and include tracking the Ante, nature ofcomplaint, and tire determination of each conipiaint; i. Lnsurijig con, pIiancc with ciiaS regulations; J. Monitoring performance objective achievements in accordance with targets set by the Agency; and Ic. C:onductiJig annual client satisfaction surveys to evaluate and improve service delivery. D. Repoi-ts The Contractor shall respond within ten (10) Business days, or within deadlines established by the Agency, to the Agency's request for routine and/or special requests for information and ad hoc reporls, The C'Ol)tr'actor rnLtst Establish due dates for any subcontractors that per•rnit lire Contractor to meet the Agency's reporling requirements, 1. CiRTS Reports The Contractor slialI input HCI -specific data ill to CIRTS. To ensure CIR`1'S data Etc curacy, the Contractor shall use CIR'l'S-generated reports which include the following: a. Client Reports; b. Monitoring Rulm-ts; C. Services Reports; el, Miscellaneous Reports; e. Fiscal Repolls; f, Aging ntzd Disability Resnur•co C:errter Relforts; acid 22 t3i.5N (July 2021 - June 2022) HCE 203.21 g, outcome Measurement Reports. 2, Annual Service Cost Reports The Contractor sliall require subcontractors to submit Annual Service Cost Reports, which reflect actual costs ofproviding cach Service by program, 3. SurplusfDe[icit Report The Contractor shall subin it a Consolidated SurpluslDeficit Report, t.ead Agency Spending Report in a format provided by the Agency, to the Agency's Contract Manager, by the 18111 of each month, This Consolidated Surplus/Deficit Report is for all agreements and contmots between tlls. Conti -actor and the Agency and ❑suat include (lie following: a. A list of aJl subcontractors and their current status regarding surplusldeficit, b. The Contractor's detailed plan oil how the smrplus!deficit spending exceeding t1w threshoId specified by the Agcncy will be resolved; c. Rucontttsctidations to transfer funds within the PSA or to other AAAs to resolve surplus/deficit spending; d. Input from the Contractor's Board of Directors on resolution of spending issues, if applicable, 4. Program Iighlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFYIFFY 2020- 2021 by September 15, 2421. The Contractor shall provide a nekv success story, quote, testimonial, or huinan- interest vignette. The highlights shall 1-4 written for a general audience, with no acronyms or technical terni.q. For all agencies or organizations that are referenced in the highlight. the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, to idcut ify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting there to the Agency. �', Records and Documentation 1, Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the Agency or authorized individuals, sliest as Florida Department of Flnal]Chd Services (DFS), upon request. 2. CIRTS Data and Maintenance The Contractor drill orlsuM monthly collection and main Lenance of client and service inforinatiolt in CIRTS or any such system designated by the Agency, 3. CIRTS Address Validation Tic contractor shah work with the Agency to ensure client addresses are correct in CIRTS for disaster preparedness effoiu. At least annually, and more frequently as needed, the Agency will provide direction oil how to validate CIRTS addresses to ensure tisese can be mapped, The Contractor will receive a fist of unlnatched addresses that cannot be mapped and the Contractor wiII be responsible For working with the local service providers to correct addresses, and send a lisL to the Ageinoy with confirmed addresses. The Agency will use this information to updmtc }naps, client rasters, and unmatched addresses to disscrninatt to (lie local service providers. 23 of alb (July 2021 - June 2022) HCE 203.21 $. Data Isategrity aiRd Back Ili 11mcedures Eflell Contractor shall anticipate and prepare for the loss of information processing capabilities, The routine backing tip of all data and software is inquired to recover from losses or outages of the Conlptlter system. Dala anti software essential to the continued operation of Contractor functions must be backed tip. Tile security controls savor the backup resources shrill be as stringent as the protection required of the primary resources. A copy of the backed -up data sllall be storud ill a secure, offsite location, 5. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures fOlr computCr system backup and recovery and sllall have the same requiremetit of its subcontractors, These policies and procedures shall be made available to tlhe Agency upon request. F. Perfoi-mailtce Specifileations 1. Outcomes attd ()unlit% (Performance Measures) The Contractor most; a. Eslsure the prioritization of clicuts and provision of service to clients in accordance with Secti oil ILA,1.-2. of this contract; h. L;listire the provis!oil of the serVlecs described in this contract are in accordance with (lie current WEA Handbook and Scctians 11.A.1.-.I. and 1I,C,1.-3. of this contract; c. Timely and accurately submit to the Agency all required documentation alld reports desoribcd in Section ILE,, d. Tin icly and ace urately submit Attaclullents Xl, Xii, and X111, and supporting documentation, in accordance with Atincllmcilt X, Invoice Report Schedule; and e. Develop and dWAMleiit strategies in the Area flail to support the Agency's standard of performance achlevenieat, including increases for the following: i. iercentage of most frail elders who rettiain at home or in the commui3ity instead of going into a nursing hor ne; ii. Percentage ofactive cl'lents catitlg two or more meals pet` day; iii. Percettage of new service recipients whose ADL assessment score lies been maintained or improved; iv. Percentage of new service reeipielhts whose IADL assessment score 11as been nnaliltainod or improved; v. After service Intervention, the percentage of caregivers wb❑ self -report being very confident about their ability to continuo to provide care; vi. Percentage of clients who are at imminent risk of nursing honer; placement who are served with community -based services; and vii. Percentage of elders assessed with high or moderate risk environments who improved their cnvironincnt score, 2, 'flee Contractor's performance of the tlncasures it) Section il.i'.l, above will he reviewed and documented ill the Agency's Annual Prokmimmatic Monitoring Report. 3. Monitoring and Evaluation'Method0tul;y The Agclicy will review and evaluate the performance of the Contractor tinder the terllls of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or on -situ visit(s), The primary, secondary, or signatory of tine contract must he available for any oil -site pingramshhatic nithhlitoring visit. The Aguncy's determination of acceptable peifarmance serail lie conclusive. The Contractor ngrees to cooperate with the Agency in monitoring the progress of conhpletiOn Of the service tasks and deliverables. The Agency may lisc, but is not limited to, one or more of the following methods for 111O11401'lrlg: a. Desk reviews and analytical reviews; z4 of 58 (July 21121 - Jane 2022) HCE 203.21 b. Scheduled, unscheduled, and follow-up on -site visits; C. Client visit$; il. Review of independent auditor's reports; e, Review of third -party documents and/or evnluatiou; C Review of progress reports; g. Review of customer satisfaction surveys; 1i. Agreed -upon procedures review by tin extemaI audilor or eonsiritant; i, Limited -scope reviews; and ,j. Other prooedures as deemed necessary by the. Agency, G. Contractor Responsibilitles I. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of Elie Contraclor and arc tasks and dcIiverFahles for which, by execution of this contract, the Contractor a6yeos to be held accountable. 2, Coordination Nitli Otlier Providers nnd/oi- Entities Notwithstanding that services for which (lie Contractor is held accountable involve: coordination with other entities ill performing the requirements of the contract, the ['allure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obliga(ed to perform pursuant to this contract. H, Agency Responasibilities 1. Agency Obligations 'rite Agency may, within its resources, provide technical support andior assistance to the Contractor to assistthe Contractor in meeting tine requirements of this contract. The Agency's technical support and/or assistance, or lack thereof, shall not relieve the: Contractor from full performance of contract requirements. 2. Agency Determinations Tlie Agency reserves the exclusive right to snake certain determinations in the tasks and approaches used to perform tasks required by this contract. The absence of the Agency setting fortis a specific reservation of rights does not mean that ail other areas of Clio, coritratct arc subject to mutual agreement HI. iViETHOD OF PAYMENT A. Payment Methods Used The method of payment fcnr this contract is a combination of fixed- feclunit rate, cost reimbursenient, and advance iayments, subject to the availability of RILHls and Contractor performance. The Agency will pay the Contractor upon 5ntisfactory Completion of tine Tasks/Deliverables, as specified in Section 11, Manner of Service Provision, and in accordance with other terms and conditions of this contract. L Fixed FeclUnit Rate Payments for Fixed FecitJnit Rate snail not exceed amounts established in the Service Rate Report (Attachment X1V). 2, Cost Rcinibursement Payrttent may be truthorized only for allowable expenditures which are in accordance with the services specified in Attachment XIV, All Cost Reinibursoment Requests for Payment must include the Receipt and Hxponditure Rcport (Attachment XII), ns well qs tine CGst Reimbursement S►inunar-y form (Altachment XII[,), beginning with the first month of this contraict. Re.iuibtu'scmerit ,,I,oiinis for adii,inistt•at'sve costs must he renected oil the Cost Rcirnbursem nl S►smniary form and iricimle only steins contained on the Contractor's approved budget. '['lie Agency reserves (he rialit to review supporting documcritail-ion for nny cost reimbursomenl requests, (July 2021 -June 2022) HCE 203.21 3, Advance Payments The Contractor may request up to two (2) rnontlls of advances at the start of the coniract period to cover program administrative and service costs. '["lie payment of nit advance wi l be contingent upon the sufficiency and aantnmt of funds released to the Agency by the State of Florida (budget release), The Contractor's requests for advarl,0C require the written approva[ of tho Agency Contract Manager, For the first tnonth's advance reguesl, the (;ontractor shall provide to the Agency Contract Manager documentation justifying Elie heed for nit advance and describing flow (lie funds will be disiribnted, If the contractor is requesting two (2) months of advances, doeumeintation must be provided reflecting the cash needs of the Contractor within the initial two (2) nautili and should be supported through a cash -draw analysis or other information appropriate to demonstrate [lie Contractor's fnlanchil need for the second month of advances, The Contractor roust also describe how the funds wit) be distributed for the first and second month. If suf icient budget is available, and the Agency's Contract Manage)', ill his of her sole discretion, has determined that there is,justified deed for arl advance, tilt; Agency will issue approved advance payments aRel' July Ist of the contract year, a. Any advance payments the Contractor requests for subcontractors must be distributed within seven (7) clays of receipt of payment froin the Agency. The Contractor shall submit to the Agency dacunlentation to support fuII distributiatl of advanced funds with Deport N,Jtllber 5, due to the Agency oil Clctaber 25, 2021, in accordance with the Invoice Report Schedule (Attttelinietit X), b. All advance payments retained by the Contractor must be fully expended no later than September 30, 2021. Any poriivtl of advance payments not expended must be recouped on the Request for Payment (Attachnlerl( X1), Report Number 5, due to the Agency on October 25, 2021, in accordance with the Invoice Report Schedule (Attachment X), e. All advance payments made to the Contractor shall be reimbursed to the Agency as follows, Ar least One — tenth of the advanc❑ payment received shall be reported as an advance recoupwont an each Request for Payment, starting with Report NLIr1 ber 5, in accord nice with the Invoice Report Schedule (AttaohmentX). B. Funtling Dlstt'Ibution The Contractor agrees to distribute funds us detailed in the Area Platt Update and the Annual Bridget Summary (Attaclnnent IX), Any changes in file total amotints of the Rinds identified on the Annual Budget Sununary form require a cottract amendtnerlt. C'. Methail of Ynvoice Payment Payment shall be made triton the Contractor's presentation of an invoice subsequent to the acceptance and approval by the Agency the deliverables shown on tale invoice, The form and substance of each invoice submitted by the Conlractol' shall be as follows; 1. Hive a Remittance Address that corresponds oxaetly to the "Remit T&' address provided to My I`IoridaMarketP[ace (WMP) during registration, 2. Request payment monthly for the omits or services established in slue Contractor's approved Area Plan, provided 1n conformance with [lie requirements as described in the current ❑OEA Handbook, at the rates established in the Service state Report (Attachment X1V). Dt)cunlctitation of service delivery must ineltide a report consisting of the following; number of clients served, nulllher of service units provided by service, and rate per service unit with calculatians that equal the total iraveiee :lrrlvurn. Reirllbursenlent amounts for administrative costs must be reflected on the Cost Reitnbursentent Summary form (Attacflrnent X11) and include only items contained oil the Contractor's Cast Analysis forr11. Any requested changes to the approved budget subsequent to the execution of the contract (must be submitted to the Agency's Contract Manager for written approval, Any change to the total contract, arnount requires a formal contract amendment; 3. The Contractor shall consolidate all subcontractors' Requests for Payment and Reccipt and Expenditure Reporis that support Requests for Payment and shall submit the consolidated information to the Agency using the Request for Paymont (Attachmen( XI), Receipt and Expenditure Report (Attachment XII), and Cost Reitnbursentent Summary (Attachment X1I1) forms for services and administrative axperlses, which must lnchide itemized expenditure categories; and 16 aLsh (July 2021 -June 2022) HCE 203.21 4, All Requests for Payment shall be based on the submission of monthly Receipt and Expenditure Reports beginning with the first month of this contract, The sGhc;dule for submission of advance requests (when available) and Invoices Is set forth in the Invoice Report Schedule (Attachment X), ill, Payment Witlsholding Any payFrtcnt due by the Agency sunder the terms of this contract may be withheld pending tine receipt and approval by the Agency all financial and programmatic reports due from the Contractor and any adjustments thereto, ineIisding any disallowance not resolved. V,. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than August 155 21 F. HCE Subsidy Data Entries Schedule The Contractor must ensure that all data for I ICE subsidies are entcrcd into the CIRTS by tine 15th of'eac11 month, I -IC_ H subsidy data entered into the CIRTS by tine 15th of the month will be for payments incurred behveetn the 16th of the previous nnontln and the I Stir of the eurrent month. Case man ngement data entered inL0 the CIRTS by the 15111 of the month shall he for units of service provided during the previous month from the 16th and up to and including the 15th of the aurreiat month or case naauagcsnent units of service may be entered according to the Contractor schedule, in aggregate daily, weekly, or monthly. The Contractor shall ensure data entry for HCF subsidies will cease on the 15th of the month and that tine CIM'S Monthly Service Wiliaation Report by client name and by worker is generated. The Contractor shall ensure the Monthly [itilization lReporl by client dame and by worker is verified, corrected, and certified no later than the 25Lh of the month in which the Report is generated. G. CIRTS Data Entries forSubcontractors The Contractor shall require subcontractors to enter sill required data for clients and services in the CIRTS database in accordance with the current DORA Handbook and the CIRTS User Manual — Aging Provider Network users (loca(ed in Documents on the CIRTS Enterprise Application Services). Subcontractors nusst enter this data info the CIR'I'S prior to submitting their Requests for Payment and Receipt and Expendittu•e Reports to the Contractor. The Contractor shall establish deadlines for completing CiRTS data entry and ensure compliance with due dates for the Requests far PayEneist Mid Expetnditure Reports that Contractor must s;trbmit to the Agency. 11, Subcontractors' Monthly CIRTS Reports The Contractor shall require subcontractors to run monthly CIRTS reports and to verify that client and service data in the CIRTS is ttcciu•ate. This report must be submitted to the Contractor with the monthly Request. for Payment and Receipt and Expenditure Report and must be reviewed by the Contractor before the Subcontractor's Request for Payment and Receipt and Expenditure Reports can be approved by the Contractor. i. Corrective Action Plan I. Contractor shall ensure that one hundred percent. (lt70%) of the deliverables identified in Section U.C.I.-3, of this contract are performed pursuant to contract requirements. 2. If at any time the Contractor is ,notified by the Agency's Contract Manager That it has failod to correctly, completely, andior adequately perform contract deliverables identified in Section 1I.C.1,-3, ofthis contract, the Contractor will have ten (10) days to submit a CAP to the Agency's Contract Manager that addresses tine deficiencies and states how the deficiencies will be remedied within the time approved by the Agency's Contract Manager. The Agency shall assess a Financial Consequence for Dion -Compliance oil the Contractor as referenced in Section W.J. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAI', The Agency will also assess a financial consequence for failure to tlmely submit a CAP. 3, If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, tine Agency shall deduct the percentage established in Section 1111 of this contract from the payment for the Invoice of the following month. 4. If the Contraeter fails to tinnely submit a CAI', the Agency shall deduct the percentage established in Section 1113, of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of tlne following month. 27 ui s (Jut►' 2021- June 2ti22y HCE 203.2I J. Financial Consequencts 1. 'file Agency will withhold or reduce pavtnent if the Contractor fails to perform tltc deliverables W (lie satisfaction of the Agency according to !lie rcquirements referenced in Section II,C. of this contract, The following financial consequences will be imposed if the deliverables stated do no( meet in part or in whole floe performance criteria its outlined in Section 11.C, ter SectlOil 11,F, of this contract: a. Delivery of services to eligible clients as refcrwiced in Section II,A,1.-2. and Section II.C,I , of this contract --Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begirt an the first business day following the Agency's notification to the Contractor that the identified def€cieney was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section 111.1.; h. Administrative duties as referenced in Section I I.C.3. of this contract — Failure to perform managcrttent and oversigh( of HCE Program operations will restiIt in a two percent (2%) mduction of payment per business day. The redaction of payment will begin the first business clay following tho Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section III.I.; e. Timely submission of a CAI' — Failure to timely submit a CAP within lei) (10) business clays after notification of a deficiency by the Agency's Contract Manager will result in a two perccist (2°/fl) reduction Of paynIcnt pc:r business day the CAP is not received. The reductions of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section III,I,; and 2. Exceptions may be granted solely, in writing, by the Agency's C:oulract Manager. IV, SPECIAL PROVISIONS A. Final Budget anti Funding Revision Regtiests Final requests for !midget revisions or adjustments to contract fonds based on expenditures for provided services trust be submitted to the Agency Contract Manager- in writing no later tlian dune 30, 2022; ❑mail requests are Considered acceptable. B. llse of Service Dollars and Manngement of the Assessed Priority Consumer List The Contractor is expected to spend ail frinds provided by the Agency for• the purpose spec€fied in this contract. "1'Ite Contractor must manage the service dollars in such a manner as to avoid having a wait list and a surplus of funds at the encf of the contract period. if the Agency determines that the Contractor is not spending service. Rinds accordingly, lire Agency may transfer funds to other AAAs during the contract period and/or adjust subsequent funding allocations accordingly, as allowably: under state and federal law. C. Contract Units In no case shall the Contractor be required to incur COSt9 in cxcass of the contrac( amount iit providing services to the clients. ❑, Remedies for Nonconforming Services 1, The Contractor shall ensure that all goods and/or servic:os provided under this contract are delivered timely, completely, and commeimirate with required standards of quality, Such goods and/or services will only be delivered to eligible program participants. 2, if the Contractor fails to meet the prescribed quality standards for services, stielt services will not hC reimbursed Linder this contract. In addition, any nonconforming goads (including !torte delivered tne:als) and/or services not inceting such standards will not he reirribursed under this contract. Thu CQt)tFactOr'S signature ors the Bequest For Payment form certifies maintenance of supporting documentation and acknowledgement that the Contfactor shall solely beat- the casts associated with preparing or providing nonconforming goods and/or scrvicas. The. Agency requires immediate notice of any significnnt and/sir systemic infractions that compromise the goality, security, ❑i• continuity of services to clients. (July 2021 - June 2022) HCE 2113.21 E. Incident Reporting The Contractor sliall notify the Agency immediately but no later than forty-eight (49) hours frosts the Contractor's awareness or discovery of changes that may materially affect the Contractor or any subcnistractor's ability to perform the services required to be performed under this contract and in authorizing proviso, Such notice shall be :Wade orally to the Agency's Contract Manager (b), telephone) with an entail to immediately follow, including the C:ontrnetor's plan for provision of services authorized in proviso, F. Investigation of Criminal Allegations Any report that implies criminal intent oft the part of the Contractor or any subcontractors and ieferred to a governmental or investigatory :agency must be scat to the Agency. If the Contractor has reason to believe that tite allegations will be referred to fire State Attorney, a law ernforcernent agency, the United States Attorney's off ice, or other governnretital agency, the Contractor shrill :notify the Inspector General at the Agency immcdintely. A copy of all documents, reports, notes, or other written material concerning the. investigation, whether in the possession of the Corttractor or subQontrao;tvr•s, must be sent to the Agency's Inspector Ciencral with a suntrttitly of the investigation rind allegations. G. Volunteers `fife Corttractor shall ensure tine use of trained volunteers iri providing direct services delivered to older individuals and individuals with disabilities needing stielr services, if possible, the Contractor shall work in coordination with organizations that havL experience in providing training, placement, and stipends for volunteers or participants (shell as the Senior Contnturtity Service Rmployment Program or organizations carrying out federal service programs administered by (lie Corporation for National and Community Service). G. Enfor•mement I, In accordance with Section 430.04, KS., the Agency shall rescind designation of an area agency oil aging or take intermediate measures against the Cnntraetar, fucluding Wrrective action, unannounced special monitoring, temporary assumption of operation of one or mare programs by the Agency, placement on probationary status, imposing a moratorium oil Contractor action, imposing financial penalties for nonperformance, or ❑1her admitnistrative action ptirstiant to C hRpter 120, I+.S•, if the Agency finds that any of the following have occurred. a. An intentional or negligent act of the Contractor has materially affected tine health, welfare, or safety of clients, or substantially and negatively affected flte operation of an aging services program, b, The Contractor lacks Cnancial stability stif lcientt I rrtect contractual obligatioiis or that contractual funds have been misappropriated; c. The Contractor has commitled multiple or repeated violations of legal and regulatory requir•einents or Agency standards; d. The Contractor has failed to continue the provision or expansion of services afier the declaration of a state of emergency, c. The Contractor has exceeded its authority or otherwise tailed to adhere to the terms of this contract with the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by stalute or rule adopted by the Agency; is The Contractor has failed to properly determine client eligibility as defined by the Agency or efficiently manage program budgets; or g. The Contractor has tailed to implement and maintain a Agency -approved client grievance resolution] procedure. 2. In innaking any determination under this provision, the Agency may rely upon findings of another state or fedoml agency or other regulatory body. Any claims for damages for breach of contract are excnitrt front administrative proceedings and shall be brought before tite appropriate entity in the venue of Leon County, Florida. la the evenT the Agency iniCates action to rescind an area agency an aging designation, the Agency shall follow the procedures set forth in 42 U.S.C. § 3025(b), 29 44-58 (July 2021 - Junc 2022) HCE 203.21 t 11, t un(ract mo(Ilt]Cations The Agency's Contract Manager has fhe arIthOrity to modify anchor extend deliverable deadlines. All deliverable extension requests must be made to the Agency's Contract Manager, in writing, prior to the required dwdline, All approvals for deliverable extensions must be communicated, in writing, by the Agency's Contract Manager to the Con(ractor and are subject to the discretion of the Agency's Contract Manager, Tho requests and the approval must accur prior to the established deadline, An c-mail writing (request and rmponse) is considered acceptable. E,ND 0 F A TTA CHM EN 7' ()v 30 of 59 (July 2021 - June 2022) I *I re SUMV ATTACHMENT II 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 Circulaar A-133 as revised), and -Section 215.97, V.S,, (see "AUDITS" below), 111011 toriRg pracea3ures May include, but not be /looted to, oil -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 ally monitoring procedures/processes deemed approprWe by the Agency, In the event (lie Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with ally 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 Cliief Financial C]fffcer• (CFO) or Auditor General, AUDITS PART I; FEDERALLY FUNDED This part is applicable if tile. Contractor is a State or local government or a non-profit orgall i zation as defined in 2 CFR Part 200, Subpart X in the event that the Coith-actor expends $750,000,00 or more in federal awards during its fiscal year, the Contractor must have a single or program-speeifle audit conducted in accordance with the provisions ❑i' 2 CFIk Part 200. Financial and Compliance Audit Attachment, Fxhibit 2 indicates federal resources awarded ilirough (lie Agency by this contract. In determining the federal awards expended in its fiscal year, the C:orltraelor shall consider all sources of Federal awards, including federal I-eSULINCS received from file Agency, 'file determination of amounts of Federal awards expended should be in accordance with 2 CFR Pali 200. An andif of the Contractor conducted by Oic Auditor General in accordance with tile provisions of 2 CFR fart 200 will nice( the requirements of this /)art. In connection wills tile audit require+rents addressed in Part I, pnragraiph 1, the C'0111111C10l' shall fulfill 1110 rctltikenlents relative to auditee responsibititics as provided in 2 CFR § 200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with Hie provisions o r 2 Cl'R Part 200 is not requircd, In the event that the Contractor oxpends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions oft C:FIk Part 200, tilt cost of the audit must he paid from non --federal resources (i.e., the cost of such audit roust be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance ►vith this part shall cover the entiro orgaliiaation for the organization's fiscal year. Compliance findings related to contracts with the Agency shall be based on the contract's requirements, including ally rules, regulations, or statutes referenced in (lie contract. The finaincial staltcments shall disclose whether or not the matching requirement was met far each applicable contract, All questioned costs and liabilities clue to the Agency shall be fully disclosed in the audit Deport with reference to the Agency contract involved. If not otherwise discloser] as required by 2 CFR § 200,510, the solteduie 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 roquired under this pal•t must be submitted within tilt t.atrWtn of 30 days after receipt of fife audit report or 9 months after the end ol'the Contractor's fiscal year end. PAWL' 11; STATE F0NDED r--'N13 31 Of58 (July 2021 - June 2022) HCE 203.21 This part is applicable if the Contractor is a €ion -state entity as defined by Scction 215.97(2), F.S. Ill the event that the Contractor expends a total arnotilit of State financial assistance equal to or in excess of $750,000,00 in any fiscal year of such Contractor, the Contractor hoist have a State single or project -specific audit for such fiscal year 1n 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 Attachnient, Exhibit 2 indicates state lnancial assistance awarded through the Agency by this contract. hi determining the state financial Assistance expended in its fiscal year, the Contractor shall consider all sources of slate financial assistance, including state financial assistance received from tine ilgency, other state agencies, and other non - state entities. State financial assistance does not include Federal direct or pass -through awards and r.Csources 1—cceived by a non -state entity for federal prograill matching requ irenient s, Ill connection with the audit requirements addressed in Part II, paragraph 1, the Contractor shall ensure that ilia audit complies with the requirements of Section 215.97(8), FX This includes submission of a inrancial reporting package as defined by Section 215,97(2), F.S., and Chanter 101550 (local governmental entities) or 10.650 (nonprofit Acid for -profit organizations), Rules ofttie Auditor General. If the Contractor expends less than $750,000.00 ill state financial assistance in its fiscal year, all audit conducted in accordance will] llle provisions of Section 215.97, F',S„ is not required, In the event ilia[ the Contractor expends less than $750,000,00 in state financial assistance in its fiscal year and elects to have in audit Co€lducted in accordance with the provisions of Section 215.97, F,S,, the cost of talc audit must be paid From the non -state entity's resources (i.e., the cost of such an audit must be paid from ilic Call tractor resources obtained from other than State entities). An audit conducted in accordance with this part slinll cover the entire organization for the organization's CISCil year, Compliance findings related to contracts with the Agency shall be teased on the contract's rcclsirclncllts, iliciuding any applicable rules, regulations, ar statutes. The f inmiclal statements shall disclose whether or not the matching regtnrement was met for each ippIicablz: contract. All questioned costs t€nd liabilities due it) the Agency sha11 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 suite financinl assistance shall identify expenditures by contract dumber• for each contract with the Agency in effect during the audit period. For local governmental entities, financial reporting packages required udder this part must be submitted within 45 days after delivery of the audit report, hill no later than 12 months after the Contractor's fiscal year said. For non-profit or for -profit organizations, f7imiicial 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 yctlr end, Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee (lie performance of this contract as outlined ill roinghouL this document and pursuant to law. PART Ill; REPORT SUBMKSSTON Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part 1 of this Financial Compliance Audit Attachment, shalt be submitted, when required by 2 Cant § 200.5 I2 by or on belaalf of the Contractor tth-ectly, to each of [lie fallowing: Federxl Audit Clearinghouse Bureau of the Census 1201 Lust 10"' Street Jeffei:sonville, IN 4?132. 1'ursMlit to 2 CFR § 200.512, all other Federal Agencies, pass-throtigh entities and others interested in a reporting package a€id data collection form must obtain it by accessing (lie Federal Audit Clearbigho use. 11w Contractor shall submit a copy of any management letter issued by (lie auditor directly to the Agency. ova 32 1lt'_58 (July 2021 - June 2022) HCE 203.21 Aren Ageney on Aging for Son diNvest Flo rid it, inc. Attn: Rick CocebieO 2830 Winkler Ave Suite 1112 Ft Myers, Florida 33916 239-652-6900 Additionally, copies or financial reporting packages required by this contract's Financial Compliance Audit Attach]Ilent, Part I1, shall he submitted by or nu belialf of tho C'onvactor d ireotl to each oftltc following: The Agency at the ibilowing address: Area Agency on Aging for Southwest Florida, Ine. Attn, I714'li Cocchici-i 2830 Witilcler Ave Suite 112 Ft Myers, Florida 33916 239-652-6900 The Auditor General's Office at the fallowing address: State of l{torlda Auditor General Chiude Pepper Building, Room 574 111 West Madison Street Tallahassee,%lorlda 32399-1450 Any reports, management letters, or other information required to be submitted to the Agency pursuant to this contract shall be submitted timely in accordance with 2 CFR Part 200t F,S„ and Chapter 10.550 (local governinenlal entities) or 10.650 (nonprofit and for-pro(it organizations), Rules of the Auditor General, its appiicable, Contractors, when submiRing financinI reporting, packages to the Agency for audits done in accordance with 2 CFRPart 200 or Chapter 10,550 (focal governmental entities) or 10,650 (nonprofit and for -profit Organizations), Rules of the Auditor General, should indicate the date that tile.. reporting package was delivemd to the Contractor in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Contractor shall retain softicient records detnonstrati ng its compliance witty the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its dusigneo, the CFO, or Auditor General access to such records upon request, The Contractor shall ensure that audit working papers are mado available to [lie Agency or its designee, CF0, or Auditor General upon request for a period of six (6) years from the [late the audit report is issued, unless extended in writing by the Agency, 33 ut'-5k (July 2021 -June 2022) HCE 2413-21 ATTACIINIGNT II-EYJIIBIT 1 TART I: AUDIT RE, LATIONSHIP DETERMINATION Contractors who recelve state or federal rY38ol11W9 may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215,97, RS, Contractors who are determined to be recipients or sub -recipients of federal awards and/or state tnianclaI assistance may be subject to the audit requirements if the audit thres.hoId requirements set forth in Pall I and/or Part I of Exit 1bit I are met, Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR § 200.38 wiftr Section 2) 5.97, V.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 hnaDeis I assistance must comply With applicable programmatic and t iscni coin piiance requirements. In accordance with 2 CFR Part 200 and/or Rule 691-5.006, F',A.C,, Contractor lies been detersnincd to be: Vendor not suhlect to 2 C'FR § 20038 and/or Section 215.97, F.S. __ Recipienl/suh-1'ecipient subject to 2 CFR §§ 200,86 anti 200.93 and/or Section 215x, F.S' —Exenspt organization not subject to 2 C R Part 200 and/or Section 215,97, F.S. For Federal awards, for -profit organizations are exempt; for scat❑ Flea ticial assistance projects, public rtriiversitios, corllnliinity colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. KNernpt organizations must corn ply with all compliance regnirerlients set foil11 within tiie Contract or award dOCtr[TiCllt. NOTE: If a Contractor is determined to be a recipienUstib-recipient of federal and/or state iinancial 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/or2 CFR § 200.330 [Federal awards]. PART IT: FISCAL COMPLIANCE. REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive federal awards, state maintenance of oflort funds, or state thatching funds on federal awards and who are determined to be a sub - recipient must comply with the following Fiscal laws, rules, and regulations: STATES, LOCAL GOVERNt'IENTS AN]) INDIAN TRIBES MUST FOLLOW: 2 CFR § 200.416 _ § 200.417 - Special Considerations for States, Local Liovernments, and tndialt Trlbcs* 2 CFR § 200.201 - Administrative Requirements** 2 CFR § 200 Subpart F - Audit Requirerllents Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, acid 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 i xpenditures Other fiscal require:vents set forth in program laws, rules, rend regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT T) MUST FOLLOW: 2 CFR § 200.418 § 200.4; 9 Special Considerations f'or Institutions ❑f IFigller Education# 2 CFR § 200.1ee-Administrative Requirements 2 CFR § 200 Subpart F-- Audit ]Zcquirrenlents 1Caference Guide for State Expenditures Other fiscal rquirements set forth in program laws, rules, and regulations *Some Peder•al progyanis may be exempted from compliance with the Cost Principles Circulars as gated In 2 CFIZ §2{10.400(5)(c), Cj1 34 IdS-4 (Jutp 2021 - June 2022) HCE 203.21 "For funding passed through U,S. Healtlr and Human Services, 15 CPR. Part 75; for funding passed through U.S. Department of Education, 34 CFR Part 80. STATE FINANCIAL ASSISTANCE. Contractors who receive stale financial ass islance and who are determined to be a recipient/sub-recipient must comply with the Fallowing fiscal laws, rules, and regulations: Sections 215.97 & 215.971, F.S, Chapter 691-5. F.A.C. state Projects Camplirmee Stippicinent Refcr'ence Guide for State Expenditures Other fiscal requirements set forth in prograrn laws, rules, and r•epulations cw:) 35 of -is (Jul) 2021 -June 20223 HCE 2t13.21 ATTACHMENT H-EXHIBIT 2 FUNDING SUMMARY (2021-2022) Note; Title 2 CFR, as revised, and Section 215,97, F.S., require that the information about Federal Programs and State Projects InCILided in Attachment 11, Exhibit 1, be provided to the recipient, Information contained hercin is a Prediction of funning sources and related amounts basal on the contract budget, 1. FEDERAL RESOURCES AWARDED TO THE SURRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF 111E FOLLOWING:: GRANT AWARD (FAIN#); _ FEDERAL AWARD DKI`L; DUNS NUMBER: PROGRAM TITLE FUNDING SOURCE CIFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CF'R Part 200 — Uniform Adnsinistrative Requirements, Cost Principles, and Audit Rcquirements for Fcdcrnl Awards. OMB Circular A-133 — Audits of States, Local Govemmzents, and Non -Profit ❑rganizations 2. STATE RE SOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OIL THE FOLLOWING; N4 A'rf- f- i?mr., slur iii q iicin i'i`.T P..TlAI . pu(,i :RAMS _. PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECTTO SECTION 215,97, F.S. PROGRAM TITLE I?XJNDTNG SOURCE CSFA AMOUNT Home Care for the Elderly General Revenue 65,001 $55,537.61 TOTAL AWARD $55,537.61 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RI?SOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS; STATE FINANCIAL ASSISTANCE. Sections 215,97 &c 215.971, F,S„ Chapter 691-5, F.A.C., State Projects C:onlplialice SuPPlcitteiit Reference Guide For State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations d'J ) 36 of 58 {Jut)• 2021 -June 2022) HCE 243.21 ATTACHMENT III CERTiFICATIONS AND ASSURANCES DOFA will not award this contract unless Contractor completes this CERTIFICATIONS ANI3 ASSURANCES. III performance of [his contract, Contractor provides the following certifications and assurances: A. Debarment and Sus ensioil Certifientioll 129 CTR Part 95 anti 45 C;1+R Part 75 B. C°er•fification Re ardin a Lobb in 29 CFR Part 93 and 45 CFR Part 93 C. Nondiserhnination & Ea nal Opportnnit Ass ue'arice 29 C.'.T{R PaN 37 and 45 C1;RPart 84 D. Certification Reg►ardine 1'ufalicF, lit i IV Crimes,.wetlon 287.133, F.S. E. Asuchillioll of C01111131101 011atlixntions fnr Reform Now ACORN Fundine Restrictions Assuranec 1'nla. 111-117 F. Scrutinized Com anies Lists and No Iicr cots of iaraef Cerflfieatioil, section 2 87.13 5F.S. G. Certification Regarding Dato Inteel'itY Coin Ii:il1C@ far' Contracts Agreements, Grants Loam and Coo pert tive A irreements IT. Verification of Em ployinent Status Certification T. Records and ❑ncElmentation 11. Certification Retrarcling Inspection of Public _Records 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 principlrIs: 1. Are oot presently debarred, suspended, proposed for debarment, declared ineligible, or volrttltarily excluded from covered transactions by a Federal Agency or agcucy; 2. 1-lave not within a three --year period preceding this 4ontract been convicteO 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, St;etc:, or local) transaction or contract under a public transaction, violation of Federal or State iilatlt3'kSSt 5tiktlltC5 or colainlissirin of erll!]e'zzlemont, theft, forgery. bribery, falsification nr dcstrr3Ctiklrl of retards, malting false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged lay a government entity (Federal, State, or local) with comm ission car ally of the offenses comllcratcd ill paragraph A.2. of this certification; and/or 4. Ilave not within a three-year period preceding; this application/proi3osal had one or more public trallsactiolls (Federal, State, or local) terminated for cause of defakilt. The unders1gned shall require that language of this certification be includes{ in the documents for all subcontracts at all tiors (including subcontracts, sub -grants, and contracts under gran(s, loans, and cooperative agrcerllents) And that all 81lb-i'ecipiellt5 and volltractol:s shall provide this ccrtification accordingly. B. CERTIFICATION REGARDING LOBBYING —CERTIFICATION FOR CONTRACTS, GRANTS, WANS, AND COOPERATIVE AGREEMENTS. The undersigned Contractor certifies, to the host of its knowledge and belici; ghat: No Federal appropriated funds have been paid or will be paid, by nl• on behalf of the undersigned, to any person Im influencing ar Weill pting to influence all officer or employee of Congress or an einploy" of a Membot• of Congress in connection with the awarding of any FuderaI contract, the making of any Federal grant, the malting of any Fcd oral loan, 32 elf 58 (July 2021 - June 2022) HCE 203.21 the elllering into of any cooperative agreclltcnt, and the extension, Conti rltratiorl, renewal, amendment, or modification of any Federal contract, grant, load, or cooperative agreement, If any funds olher than Federal appropriated funds have been paid or will be paid to ally person for influencing; or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employer, of Congress, or elnpioyoo of a Member of Congress in connection with a federal contract, grant, loan, or cooperative agreement, the undersigned shall also colliplete and submit Standard Dural — LLL, "Disclosure Form to Report I.obbying," in accor•dancewith its instructions. The, undersigned shall rccltlire. that language of this certification be Ineltided in the documcnls for all subcontracts at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and Cooperative agreements) and (lint all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of Ract upon which reliance was placed when this contract was made or entered into. Submission ofthis certification is a preregUisite far Marking or entering illto this contract imposed by 31 U.S.C. § 1352. Any persotl who f[lils to file the required certification shall be subjcCt to a civil Imialty of not loss lhBll $10,000 and not more than $100,000 foreacll such faiIll re, C. NON- DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CvR PART 37 AND 45 CFR PART 80). - As a condition of the Contract, Contractor assures that it wiII Comply Fully wilh the nondiscriminalion and equal opportunity provisions of the foilowing laws: 1. Section 188 of (lie Workforce lnvesirnent 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, ago, disability, political affiliation, or belief, and against beneficiaries all the basis of either aitizenshiplstaws as a lawfillly admitted immigrant authorized to work to the United States or participation in any W lA Title 1-financially assisted program or activity, 2. Title V1 of the Civil Rights Act of 1964 (Pub. 1.. 88-352), as amended, and all requirements unposed by or pursuant to the Rcgulatioii of the Department ❑fNcalth and Human Services (45 CFR Part 80), to the end that, in accordance with Title VI of that Act and flee regulation, no person ill file Ultiled States shall, on the ground of race, color, or stational origin, be excluded from participation in, be denied the benefits of, or be allierwise subjected to discrimination under any progratn or activity For which the Applicnnt Deceives Federal financial assistance front the Agency. 3, Section 504 of the Rehabilitation Act of 1973 (Pull, L. 93-112), as amended, and all roquirements imposed by ol- pursuant to the tRegtilation of the Depatlrltcnt of l-ettlih and Human Services (45 CFR Part 8,1), 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 iiotn participattion in, be denied the benefits of, or be subjected to discrimination under any program or not ivity for which the Applicant receives Federal financial assistance from the Agency. 4. The Aga ❑isc:riminalion Act of 1975 (Pub. L. 94-135), as amctided, and all requh-ements imposed by or pursuant to the Regulation of the Department of Health and Huntan Services (45 CFR Part 91), to the end that, in accordance with the Act and the 1ZeguIntion, no person in the United States shall, oft the basis of age, be denied the benefits of, be excluded from participation iit, or be subjected to discrimination under any progratn or activity For which the Applicant receives Federal financial assistance from the Agency, 5. 'title IX of the l dltcation Amendments of 1972 (Pub. L. 92-318), as ,amended, and all requirements imposed by or ptu'suant to the Iegulation of the Department of Health and Human Services (45 C VR Part 86), to [he end that, ill accordance with Title IX and the Regnlation, to person in the IJnitcd states sli all, 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 [lie Agency. 6, The American with Disabil itics Act of 1990 (Pub. 1.. 101-336), whi ell prohibits discrilnlination in all esnploynnont 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-relatcd activities. 7. Contractor also assures that it wit] comply with 29 CFR ['art 37 and till other regulations implementing the laws listed above. ']'it is assurance applies to Contraetor,s operaliotl of the WIA Title 1 - finalncialIy assisted program or not ivity, and to all contracts Contractor snakes to carry nut the W[A Title 1- financially assisted program or activity. 38 of 5 (July 2021 - June 2022) HCE 2413.21 Contractor understands that DORA and the lJnlled States have the right to seek judicial enforcement of the rassill'al1ec, The undersigned shall require that language of this assurance be included in the dOCtllitentS for all subcontracts at all tiers (including subcontracts, sub -grants, and cantrarcls under ,grants, loans, and cooperalive agreements) and that all sub -recipients and contractors shall provide this assurance accortiiingly. D. CERTIFICATION REGARDING PIJ13LIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that lleitIier it, nor any parson or aFri IWe ofConIractor, has been convicted of'a Public Entity Crime as defined in section 287.133, F� S„ riot- placed oat Ilie convicted vendor list, Contractor understands tend agrees that it is roquired to inform DOE, A imnrediate ly upon any change of cirournstarlces regarding this status, E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR RIEFOR.iM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCt (Pub. L. 111-117), As a condition of file [Contract, Contractor assures that it will comply fillly with the federal funding restrictions pertaining to ACORN and its subsidiaries per fire C.onsuI!dated Appropriations Act, 2010, Division B, See Lion 51 1 (l'ttb. L. 1 I J-117), The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 11. 1-242), provides dial appropriations made under 11ub. L. 1 1 1-1 17 are available,mdcr the conditions provided by Pub, L. 111-117. The undersigned slrall require that language of this assurance be included in the doctpnlents for all subcontracts at ail ties's (including subcontracts, sub -grants and contracts under grunts, loans and cooperative agreements) and that all sub - recipients and contractors shall provide this assuranec accordingly, F. SCRUTINIZED COMPANIES IdSTS AND NO BOYCOTT OF ISRAEL CERTIFICATION.) SECTION 287.135, F.S. In accordance with section 287,135, I .S., Contractor hereby certifies that it has not been placed oil the Scrutinized Companies that Boycott Israel List and that. it is not engaged in a boycott of Israel. 1f this contract is in tht amount of $i miIlim or more, In accordance with the requirements of section 287.135, E',5., 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 Petro lemn Energy Sector List and that it is slot engaged in business operations in Cuba or Syria, Contractor understands that pursuant to section 287,135, F.S., the sulsrnissiot, of a frllse certification may result in the Agency terminating lhis contract and the submission ol'a false certification may subject Contractor to civil penaltiesarld attorney fees and costs, including any costs for investigations t11at led to trio 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 I, The Contractor and any Subcontractors of services under this contract have financial rnanagernent systems capable of providing certain information, including: (1) accurate, current, and complote disclosure of the financial results of each Want -funded project or program in accordance with [lie prescribed reporting requirements; (2) the sour" and application of Fiends for all contract supporled activities; and (3) the comparison ofoutlays with budgeted amounts for each award, The !liability to process information in accordance with these requirements could result in a return of gfant funds that have not beets accounted for properly, 2. Management tnformation Systeills used by the Contractor, Subcontractors, or Any outside entity on which tite Contractor is dependent for data drat is to be reported, transmitted, or calculated have been assessed and verified 39 of-1R (July 2021 - June 2022) HCE 203.21 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 dnka integril.y, 3. 1f this contract includes the provision of hard ware,, so11%vare, firmware, inierocodc. or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accur•awly. 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 Cunctionalit), related to time ;and date relates! codes and internal subroutines that impede the hardware or soft►varo programs From operating properly, the Contractor agrees to 1nlrnediately slake required corrections to restore hardware and software programs to (lie same level of functionality as warranted herein, at no charge to the slate, and withotat interrttptioll to the ongoing bttsilloss of the state, lilac 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 deliveay tt) coil Iitlie in ease of al1 clnel•gency, iticludiag emergencies arising from data integrity compliance issues. H. VERIFIC'.ATION OF LeHPLOYIVILNT STATUS CERTIFICATION As a condition of contracting with the Agency, Contractor certifies the use carthe tf,S, Department of IIomeiand gectarity's E-verify system to verify t[ae employment eligibility of all new employees hired by Contractor during the contract term to perform employment duties pursuant to this contract, and that arty subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this contract utiIire the, E-verify system to verity the eniployinent eligibility of all new employees hired Iiy the Suhcontractor during the entire contract term. The Contractor shall require that the [anguage of this certification be included in al l sub -agreements, sub -grants, and other agreements/contracts and that all Subcontractors shall certify compliance accordingly. This certif ication is a material representation of tact ul"i which reliance was placed when this contract was made or catered into, Submission of this certification is a prer•eL[uiSite for makiRg or entering into this Contract imposed by Circulars A-102 and 2 Cl'R Part 200 and 215 (formerly OMB Circular A�l 10). 1. RECORDS AND DOCUMENTATION The Contractor agrees to make available to Agency staff andfor any party designated by the Agency any andaII contract belated records and documentation, Thu Contractor shall ensure the collection and maintenwice of all program related information and documentation on any such system designated by (lie Agency Maintenance •includes valid exports and backups of'aII data and systems according to Agency standards, I CERTIFICATION REGARDING INSPECTION OF I'T BTAC RECORDS 1. In add itiov to the requirements of Section 10 of tile Standard Contract, sect !oils 119.0701(3) and (4) F,S•, and any other applicable law, if a civil action is commenced as contemplated by section t 19.070 I (4), 1 .5., and the Agency is named in the civil action, Contractor agrees to lndenulify and hold linrntless the Agency for any costs iacurrad by the Agency and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119, F.S., concerning this contract or services performed thereunder. a• Notwithstanding section 1 19.0701, RS., or other Florida law, this section is not applicable to contracts oxecu led between the Agency and state agencies sir subdivisions defined in sect ion 768 28(2), E;,S. 2. Section 119.0 ] (3), V.S„ states if public fcmds are expended by an agency in payment of clues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, A the financial, business, and membership records of such an entity which ltertaiis to the public agency (Flnr•iclla Department of Elder Affairx) are public records. Section 1. M07, F3, states that every person who has custody of such it pulAw record shall permit t[le record lU be inspected and espied by any person desiring to do so, Loader reasonable circulnstarices. 411 (d5s (Juty 2021 - June 2022) HCE 203.21 Additionally, I wrtif'y this organization does, .0_ does tint ❑ provide for institutional memberships. Contractor's signature below altesis tluat records pertaitrhi to the dues or tnembership application by the Agency are avai[ablt for inspeelion iFapplicable, as stated above. By execution of this contraot, Contractor must include those provisions (A-d) in all related subcontract agreenierits (if applicable). fay signing be] ow, Contractor cortiIics that the represetitatiotys oLItlined in parts A through d above are true Hnd correct, ell i 3339 Tama Signutttre Ind it [ Representative Street Address Na les, FL 34112 Contractor 1 y Date City, State, Zip code Approved its to form and legality C'ount-v At whey r 0,43 41 of i8 (July 2021 -June 2022) HCE 203.21 ATTACHMENT IV ASSURANCES —NON - CONSTRUCTION PROGRAMS Public reporling burden for this collection of information is estitnated to average forty-five (45) Inlnutes per response, including tithe for reviewing insiruclions, searching existing daill sources, gathering and niainiaining Ilic data needed and completing and reviewing the collection of information. Send comnieitts regarding the burden estinlate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Clffiec of Maniageiuent acid Budget, Paporworlc Reduction Project (0348-0043), Washington, DC 20503, PLEASE ❑O NOT RETIJRN YOUR COMP1,14,rP:1) 1+'t]HM kU'1HL' utfn 11U , U11. irlArNAVII,trl 11,01 !A 11 BUDGET, SEND IT TO THE, ADDRESS PROVIDED BY THIS. SPONSORING AGENCY. Note: Certain of these assil"all ces may not lie alplicable to your project oil pirogrsrIII . If you have questions please contact (lie aivai-ding agency, Further, certain federal awarding al;encies may require applicants to certify to additional assril'ances. If such is the Case, you will be notified, 1. Ilas the legal authority to apply for federal assistance, and the institutional, ill anagerial and financial capability (including feuds stlfftoient ice pay the note -federal share of prgieet cost) to ensure prober plalining, tnanageniont, and completion olfthe project described in this application. 2. Will give the rewarding agency, the ConiptroIler Gcnerai of [lie United Statcs, said if appropriate, the state, through any authorised representative, access to and the right to examine all records, boobs, papers, or doelinients related to the award; and will establish a proper atecoiuttiing system in necordance with genemily accepted accounting standards or agency directives. 3. Will establish safeguards to proh1bit employces from rising their poAt ions for a purpose that constitutes, or preselits the appearance of, personal ororganizationai conflict of interest or personal gain. 4, Will initiate and coniplete the work within the applicable Lillie frame after rec:cipl of approval of the awarding agcitcy. 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 lunded under one of the 19 statutes or reguhttiOils specified in Appendix A car OPMIs Standards for a Merit Systeni of Personnel Adniinistrat.ioit (5 CJ�,R. 900, Subpart F). G, Wi]I coniply with all federal statutes relating to nondiiscritnination, These iltelLido but are not Iimiled to: (a) Titic VI of the Civil Rights Act of 1964 (P.L. 88-352) iYhich prohibits discrimination oil (lie basis of race, color or national origin; (b) 'Tit to IX of the EducaIion Amendments of 1972, 9s aniendod (20 U.S.C. §§ 1681-1683 and §§ I695-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Relabilitation Act of 1973, as amended (29 U.S.Cl § 794), which prohibits discrimination oil the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C, §§ 6101-6107), which prohibits discrintittatioit oil the basis of age; (e) the Drub Abuse Office and "Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Cotnprchcnsive Alcohol Abuse and Alcoliolism Prevention, Treatment and Rehabilitation Act of 1970 (P,L. 91-610), as amended, relating to nondiscriminatiotl oil the basis of alcohol abase or a[coil nIism, (g) Sections523 and 527 of the public IIeaItb Set -vice Act of 1912 (42 U.S.C:. §§ 290 dd-3 and 290 ce 3), as amended, relating to confidenitality of alcohol and drug abuse patient records; (h) TItle VIII of the Civil Rights Act of 1968 (42 U.S.C, § 3601 et seq.), as amended, relating to nondiscrimination in the sale, renlal or financing of housing; (i) any other nondiscrimination provlsiuns in the specific stalute(s) under which application far federal assistance is being made; and 0) the. mquireinents of ally other nondiscrimination statutes) which ntay apply to the application, 7. Will comply, or has already complied, with the requiiroments of Titles If and Ill of the uniform Relocation Assistance and Refill Property Acquis'sLioil Policies Act of 1970 (P,L. 91-646) which proyidc for Ca'ir anti equitable treatment of persons displaced or wliose property is acquired as a result of federal or federally assisted programs. These requirenients apply to all interests in real property acquired fos• project purposes regardless of federal participation in purchases, 41 0 42 of 58 (July 2021 - dune 2022) HCE 203.21 S. Will comply, as applicable, with the provisions ofthe Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328), which limit the political activities of employees whose principal employment activities tire funded in whole or in pail with Federal fonds, 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) rind the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding lahor standards for federally assisted construction skib-contracts. 10. Will comply, it' applicable, with flood insurance purchase requirements of Section 102(a) of tile, Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special food hazard area to participate in 1110 program and to purchase flood insurance it' the. total cost of insurable construction and acquisition is $10,000.00 or more, [I. Will comply with envil-onmental standards which may he prcwribud pursuant to tite following: (a) institiltion of environmental quality mitmi nsensttres under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive, Order (13U) 11514; (b) notification of violating facilities pursuant to Eu t 1738; (e) protection of wetlands pursuant to E0 11990; (d) evaluation of flood hazards in floodplain5 in accordance with HO 1 1988; (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 Plants tinder Section 176(e) of the Clear Air Act of 1955, as aiarerrded (42 US.C. § 7401 ct seq.); (g) protection of tindergrouild sources of drinking water under the Safe Drinking Water Act of 1974, ns amendcd (P.L, 93-523); and (h) protection of endangered ;I)ccics Sander Cite );ndangered Species Act of 1973, as amendod (P.L' 93-205). 12 Will comply with the Wild and Scenic. Rivers Act of 1968 (I6 U.&C, § 1721 et sec[.) relater[ to protectilig components or potential components of tiie national wild Lind scenic rivers system. 13. Will assist the awarding agency in asstiring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), B0 11593 (identification and protection of historic properties), and the Archaeologicat and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et serf.). 14. Will comply with VL. 93-348 regarding the protection of human subjects involves} in Research, development, and related activities supported by this award of assistance. 15. Will 4omply with (lie Laboratory Animal Welilrre Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. § 2131 ct sec[.) pertaining to the care, handling, and treatment of warru blooded animals held for research, teaching, or other activities supported by this award ofass istalice.. 16. Will comply wilh the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq,), which prohibits the use of lead- based paint in constructinn or reliabilitation 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 CI-R Part 200. 18. Will comply with all applicable requirements oil all other federal laws, executive orders, regulations, and po(icics governing this program. Approved as to form and legality Amsiskar CUrinly AtturnG}I r 43 cif -M (July 2(121 - June 2022) HCE 203.21 ATTACHMENT V FLORIDA Deparimcot oP ELDER AFFAIRS CIVIL RIGHTS COA PUANCE CHLCKIAST Vrogramll'ncility Naiva County AAA/Contractor Address Complelcd By (1ty, Slate, Zip Code I iJtde 1 1'clephane PART I: READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH %Vli,[. HELP YOU COMPLETE THIS DORM, 1, Briefly describe the geographic aroa served by the progr•amlftcility and the lype of service provided: For gticslinM. 2-5 please indicate [Ile Poll 2, Population of area served 3. Stnffourrewly employed d. Clients currently enroiledlrcgistered 5. Advisory/Governing Board if appl•,cabie Owing.,: 6/0 W11it, % Brock 0/0 1-Ilspnnil: % affier 0/Y Female. 7n Disabled % Ovtr 40 Source Of data; Effe,:ti►e dale: E'f1CCt1vC [1r1tC: PART II: USE A SEPARATE SHEET OF PAPER FOR EXPLANATIONS REQUIRING ATORE SPACE, IFN1A or NO, KXPI,AIN, C, Is an Assurance of Compliance on file with DOEA7 NIA YES NO ❑ ❑ ❑ 7. Compare the siaff composition to the paptilatlan. 1s staff rept'esentatiVe of the Papulation? S. Are eligibility requirOlneitts for services applied to clients and applicants without regard to race, color, nationO origin, sex, age, religion, or disability? 9. Are all benefits, services and facilities available I applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion, or disability? 10. For- in -patient services, are room assignments made without regard to race, color, national origin or disability? it, is the prngramlfaciIity accessible to unit -English speaking clients? I2.Are cin �Iiyees, applicants and par I i cipa tits informed of their pr'otcclioil against discrimination? if YES, flow? Verbal Written ❑ Poster ❑ NJA YES NO ❑ ❑ ❑ NiA VES NO ❑ ❑ NIA YES NO ❑ EE ❑ N/A YES NO ❑ ❑ ❑ NiA YES NO ❑ ❑ ❑ NIA YES NO ❑ ❑ ❑ 44 4AS (July 2021 - June 2022) HCE 203.21 13,Give the number and curnenl status of any discrimination complaints regarding services or employment filed NIA NUMBER against the p•agramlfaciHty. ❑ 14, is ille pro graill/facility physically accessible to mobility, hearing, and sight -impaired individttalg? NIA YES NO ❑ ❑ ❑ PART I11: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO, EXPLAIN. 15.Has as a self -evaluation been conducted to identify any barriers to serving disabled individuals and to make any YIDS NO necessary moclif ications? ❑ ❑ 16. is there an established grievance procedure that incorporates due process in the resolution of complaints? YES N0 17, Has is person been designated to coordinate Section 504 compliance activities? YES NO ❑ ❑ 18.I10 recruitment and notification materials advise applicants, employees, and participants of nondiscrimination on YES NO the basis of disability? ❑ ❑ 19.Are auxiliary aids available to ensure accessibility of services to hearing and sight -impaired individuals? YES NO PART FV!'OR PROGRARIS OH CACILITIES WIT1150 OR N1011F. MPLOYLKS AND rEDERAI, CONTHACr5 OF550,000.60 OR 11i3I E, 20. no you have a written affirmative action plan? If NO, explain. YES NO ❑ ❑ ' Reviewed by In Compliance, YES U NO* Program Office *Notice of C:orvective Aclion Sent 1 1 ]late 'Telephone Response Uue___L_l ov-Site [] Desk Review ❑ Response Pecoivcd___L 1 45 of (Juh. 2021 - June 2022) HCE 2113.21 1 ATTACHMENT V ' INSTRUCTIONS FOR THE C1VII., RIGHTS COMPLIANCE CHECIt`LI5T 1, Descrihe the geographic service area such as a district, comity, city, or other locality. If the prograrnlfauility 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 titre age of40. 'rite; population served includes persons in the geographical area for which services are provided such as a city, county of other regional area. Polxrlation statistics cart be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statis(ics, include tile. sourcc of yrtur population statistics. ('`(]llicr" races include Asian/Pacific Islanders and American Ndian/Alaskan Natives.) 3. Enter the total number of frill -time staff and their percent by race, sex, disability, and over (lie 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 itrogram or facility, and list their percent by race, sex, disability, and over the age of40, Inchide the date thai enrolinient was cotintcd, a. Where there is a significantvarialion between the race, sex, or climio 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 Stich as elderly or disabled persons. 5. Enter the total ntlmlher of advisory board members and their percent by race, sex, disability, and over the age ❑f 40, If there is no advisory or governing board, leave: this section blank, 6. Each recipient of tcderal Iinaticial assistance mast have Oil file an assurance that flip, program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CPR Part 80, This is usually a standard pant of the contract language. for DOLA Recipieaits and their Sub -grantees. 45 CFR § 80.4(a), 7, Is the race, sox, and national origin of the staff reflective of the general population? For example:, if I0% of the population is Hispanic, is there a comparftble percentage of Hispanic staff`? 8. Do eligibility requirements unlawfully exclude persons lit protected groups front the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or employment, 45 CFR § 80.3(a) and 45 CFR § 80.1. 9. Participants or clients most be provided services such as niedica1, mir;sing, 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 &uhedttling, and accuracy of record keeping trust be applied ianifornily and without regard la race, sea, color, national origin, religion, age, or disability. Entrances, waiting rooms, reception areas, restrooms, and other facilities mast 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 CVR § 803(a). 11. The programlfaciIity and all services must bo accessible to participants and applicants, including those per sons who rnM not speak Englisli. In geographic areas wliem a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sof'fieient to have a policy or plan for service, such as a currant list of names grid telephone numbers of bilingual individuals who will assist in the provision of services. 45 CVR § 80.3(a). 12. Programs/facilities must make information regarding (lie nondiscriminatory provisions of Title VI available to their participants, beneficiaries, or :ray other Interested parties. 45 CFR § 80,6(d). This should include information oil their right to file a complaint of discrimination with either the Agency or the US. Department of Health and Ilttman Services. The information may be supplied verbally or in writing to every individual or may be supplied through the use of all equal opporitutity policy foster displayed 1n a public area of the facility. 13. Report number ofdisarimination complaints riled against the: prograimlfkiIity. indicate the basis (e& race, color, creed, sex, age, national origin, disability, andjor retatiation) and (lie issues involved (c.g. services or employment, plae, inwit, 46 afM (July 2021 - June 2022 ) HCE 203.21 termination, etc,). Indicate the civil rights laly or policy alleged to have been violated along with the name and address of Cite local, state, or fedel-al ageulcy with whom tic complaint has been filed, Indicate the current status of the cotrtPlaint (e.g. settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc.), 14. The programlfaeiIity inust be physically accessible to mobility, hearing, aad sight -impaired ilid ividua Is. Physical accessibility includes designated parking areas, curb cuss or level approaches, ramps, and adequate widths to entrances. Titre lobby, public telephone, rosiroom facilities, water fountains, and information and admissions offices s#tould be accessible, Door widths acid traffic areas of administrative office:;, cafeterias, restrooms, recreation areas, counters, and serving lutes should be observed for accessibility, l levators shoul(I be observed for door width and Braille or raised numbers, Switches And controls for light, licat, ventilation, fire alarms, and other essentials shouid be installed at art appropriate height for mobility impaired individuals. 15. Section 504 of ilia RehabiIitation Act of 1973 requites that a recipient of re-deral f mmicial assistance conduct a se If - evaluation to identify any accessibility barriers, Self -evaluation is a foot -step process; a. Evaluate, with tho assistance of disabled individual(s)lorganiration(s), current policies and practices that do not or may no( comply with Section 504; b. Modify policies and practices that do not. in cot Scction 504 requirements. c. Take remedial stops to eliminate the ef€'ects of any discrimination (hat resulted from adherence to these policies and practices; and d. Maintain self -evaluation on file, including a list of the interested parsons consvIted, a description of areas examined, and any probloms identified, and a description of any modifications made and of any remedial steps taken 45 CFR § 84.6. (This checklist may be used to satisfy this requirement if these Four steps have been followed), 16. Programs or facilities that employ 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Part 84 oFTitle 45, CFR45 CIIR § 84.7(b), 17. Programs or facilities that employ 15 or more persons shall designate at least one person to coordinate its efforts to comply with Part 94 of*0tle 45, CFR. 45 CFR § 84,7(a), 18. Programs or facilities that employ t5 or more persons shall take appropriate initial and vnntitauing steps to notify participants, beneficiaries, applicants, and employees that tho programlfac ility does not discriminate on the basis of handicap in violation of Section 504 and Part 84 of Title 45, CM, 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 writien communications, 45 CFR § 84.8(a), 19. Programs or facilities that employ 15 or more persons shrill provide appropriate aruxiIiary aids to persons with iiiapaired sellsory, manual, or speaking skills where necessary to afford Such persons on equal opportunity to benefit From the service in question, Auxiliary aids in ay include, but are not limited to, trailed artd ta3ped materials, interpreters, and other aids for persons with impaired hearing or vision, 45 CFR § 84.52(d). 20, Programs or facilities with 50 or more employees and $50,000.00 in federal contracts nit.ist develop, implement, and ntarintai21 a written affirn3ative action compliance prograin in accordance with Executive Order l 1246, 41 CFR fart 60 and "Title VI of the Civil. Rights Act of 1964, as amended. C$1"11 47 of h (Jul►• 2421 -June 2022) HCE 203.21 G U cT w U -4� r-I 4-1 i C3 tCi :-a 0� is r N hi I ' I j i i �+ ter! i+r � +�; �r +,r, +�r' +� �r � +tr • +rr ter' t� tir tFr � �r �, b°r �r 48 of 58 (JuIy 2021 -June 2022) HCE 203.21 DP' tl 11 l fll raI l 1 1f ELDER Ar`FAiRS S'FPff% 0t' i't,(];1MA ATTACHMENT VIT BACKGROUND SCREENING BACKGROUNDSCREVN1NG Attestation ofCow pMince -Einpioyer AuTtiotill'TY: 'rhis form is requirccl anitually of all etnptoyers to comply ►vltlt the Attestation reguircinents set fortli lei section 435.05(3), Flurida 8taItiles. li Llrr t�i.'ii�+Il F3y Ci:r�rr:1•rrnt. Lit.hnr{1 111uWom SA r.vkry "i'lle term " cniploycr" means Any person or entity required by law to conduct background screenings, including but not Hinited to, Area Agencies on Aging/Aging and Disability Resouive Centers, Lead Agencies, and Servico Yrovidurs that contract dfroctiy or indirectly with the Department of Elder Affairs (DOE A), and airy other person or entity which hires en1ntoy ces or fray volunteers iit service who inset (lie defirlition of a direct service provider. See t§ 435.02, 00.0402, Fla, Stat. A direct service ,provider is "n person 18 years of age or alder who, pursuant to a jJrogram to provule services to the c1dcr13" 11m, dim-01, race -to -lice c:onnict with it client while providing Wrviccs in tht: client and has access to the client's living area, Funds, personal property, or personal identification information as doomed in S. 817.568, The term includes coordinators, managers, and supervisors of residential facilities and volunteers" § 430.0442(1)(b), Fia,Stat, ATTCS'rATYON: As the duly authorized representative of located at Employer Name Sireel A(Hress 01), State ZIP crude do hereby affirm under penally of Name ❑f Representatrue penury that the above-ttamed cinployer is in oompliance with the provisions of Chapter 435 and section 430,0402, Florida Statutes, regarding leve-12 background scrcening. Signature aj f�el�! esenlal rr�e Dale 1]O44 Form 235, 4llesralfou of Cnrr+pllanre . Eunplo}rr, Fi/frclive .lprrrrrrry 19, 2021 SBsNo+f 435, 050), A11praved as to forsn and lggulity f A. Foal+ aw+tlable A hQ.-1elcl4r'r+,(labsMlg_dj j�ark Oy Itt!M-O$Vk&P& t\ { ASsistcuil County AHOM&A4 49 of-M (July 2021 -June 2022) HCE 203.21 ATTACHMENT VIII CERTITTED MINORITY BUSIMS SUBCONTRACTOR EXPENDITURES (CMBE FORM) CMBE FORMAlU, T,,l GCOMPANJ" INVOICE S SLTBMITTED TO DOER CONTRACTOR NAME; DOEA CONTRACT NUMBER: *REPORTING PERIOD -FROM: TO: *(DATE RANGE OF RENDERED SERVICES, MUST MATCH INVOICE SUBMITTKI) `i'O DOEA) DOEA CONTRACT MANAGER; DEPORT ALL EXPENDITURES MADE TO CERTIFLED MINORITY BUS047 SS (SUBCONTRACTORS). C'OrVTAC'T D 0 EN CUBE COOR DINA 7'DR -YC)R A1dP 0 UEST'1011raS A7'850-414-3153, SURCONT11ACTOR NAME SUBCONTRACTOR'S CMSE EXPENDITUIWS DOEA .USE ONLY -- REPORTINC ENTITY (DIVISION, OF, ICE, ETC) SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO: JUSTIN TAYLOR CMBBCOORDINATOR, CONTRACTADMINISTRATION & PURC14ASING, TALLAHASSEF, FLORIDA 32399-7000. Ifu_nsu're if is A oer minoj %upplier,ccWk on the hv.�s link below. Enter the na.mc of the supplier. click °`s lrcli". Only Certified Minorily Business i i 'es will he displayed. 50 uf,5fi (JuK 2021 -June 2022) HCE 203.21 litips,./lasdAms, iii y fl orida.com/d i rectories INS'TR UCTIONS (A) ENTER THE COMPANY NAME AS IT APPEARS ON YOUR DOEA CONTRACT. (B) ENTER TIIE DDEA CONTRACT NUMBER, (C) ENTER THI; SBRVIC H PERIOD MATCHING Tim CURRENT INVOICE'S SERVICE PERIOD. (D) ENTER, ALL CERTIFIED MINORITY BUSINESS RXPFND17'l1ItES I'OR TIIE TIME PERIOD COVI-RED BY THE INVOICE. 1, ENTER CERTIFIED MINORITY 131JSINESS NAME. 2, liNTI?R TI III CERTIFIED MINORITY BUSINESS FEII.) NUM13ER. 3, ENTER THE CER:FlFlED MINORITY RI7SINESS CMBE NUMBER, 4, ENTER TIIE AMOUNT FXPLNDED WI`I'I1 THE CEItTIFILI) MINORITY BUSINESS FOR THE TIME PERIOD COVERED BY THE INVOICE. (E) MBE FORM MUST ACCOMPANY INVOICE PACKAUE SUBMITTE❑ TO DOEA FINANCIA 1, ADMINISTRATION FOR PROCESSING, (F) FINANCIAL ADMINISTRATION WILL FORWARD ALL COMPLETED GHEE FORMS TO CONTRACT ADMINISTRATION c&. PURCHASING OFFICE.. 51(4,58 (July 2021 - June 2022) HCE 203.21 ANNUAl., BUDGET SXJMMARY I. 1ICL Services (Subsidies & Case Management) -COLLIER County Total $55,537.61 $55,537.61 52 iWSS (July 2021 - June 2022) HCE 203.21 ATTACHMENT X HOMECAREFORTH R E 1, UERLY INVOICE REPORT SCIiEPULE Report Number Based On Submit to Agency nti this Date 1 & 2 .luiy* AND August* Advance July 1 3 Monthly Utilization Iteport (711-7115) July 20 July Expenditure Reports (105 & 106) August 11 4 Monthly Utilization Itelvi't (7116-8/15) August 20 August Expenditure Report (105 && 106) Sopicniber 11 5 MonlJily IJtilimtion Repots (8110-9/15) September 20 Seplernbee Expenditure Report (105 & RQ October 11 6 Monthly Utilization Report (9l10-10115) October 20 October Expenditure Report (105 & 106) November 11 7 Mnnlhly I?tilszation Report (10116-1 1115) November 20 November Expendiwrc Report (105 & 106) December 11 8 Mcuitlily Utilization Report (11116-12/15 December 20 December Hxpenditurc Rel-m t (105 cR I" January 11 9 Monthly Utilization Repro (12116-1115) Jarluary20 January Expenditure Report (105 & 105) 1Fehtutuy I Monthly Utilization Report (Il16-2/15) Helprumy 2) Februafy 1:'sxpenditure Report (105 & 106) Minh 1 I 11 Monthly Utilization Report (2/16-3/15) March 20 March Expendittu'e Report (IN- & 106) April 11 12 Monthly Utih2ation Report (3/16-4115) April 20 April Expenditure Report (105 & 106) May 11 13 Monthly Utilization Report (4116-5/15) May20 May Expenditure Rcpoil ( l(}5 & 106) .lane 11 14 Mondily Utilization Report (5/16-6115) Rule 20 June Expenditure Report (105 & 106) July 11 15 Montlily Utilization Repazt (6115-00) July 20 }areal lExpendittire Repot: (T 05 & 100) July 2.5 I/ Bend: * Advance bored on projected cast, ]reed, Note# 1: Report #I for Advance Basis Contracts cannot be submitted to the Area Agcmcy ai Aging for Southwest Flot'ida, lmt pl'lor to July I l7r tuitil lie contract with the Agency l7as been executed and a copy unt to file Agency on Aging for Southwest Florida, Inc. Actunl subtztission of the vouchers k) dw Agency is dependent at the of die expenditure rcpoli, -plate# 2: Report numbers 5 through 14 Atilt Deflect an adjustment of a[ least one-renth Of file total advame amounts, repaying advances issued the first hvo months ofthe ag-cenient, All advance payments made to the Contrac(or shall i3c returned to the Agency and reported € s au advance 1'Ceoupment at each request for payment. The adjustment shall be recorded in Pail G Lime 1 ofthc repoli (ATTACHMENT XQ. Note #3: Submission of expenditure reports may or may not generate a payment request. Tf' limit expenditutre report reflects fWlds due, bade to die Agency, payment is to Rcc[?IT mny the 1,eport. NotcW4: ALL Expcizdiairc Repo=is are dtle by i2,[H] p,ln. Lc the 1 Idt of each monde. IF the 1 Idi falls Lm a Sntusday, then the repurl will be dm fry dlc i tldi [�' 12:00 p.m, ANll if the l i th balls ai a Sunday, the repnil. will [w dtte by die 12th ly 12A) p.nt, Actual submission of die voueliets to Dtept. ofElder Affairs is dependent m the accuracy of die expendiftirc report, which is verified and paid by C:IIVIS data only. (July 2021- June 2022) -' .1 ..-- I -... -' 14CE 203.21 ATI'ACIIMENT XI REQUEST FOR PAYMENT HOW, CARE FOR THE ELDERLY PROGRAM RECIPIENT NAME, ADDRESS, PHONE# and FEIC# TYPE OF PAYMENT: Contract Period — Regular Report Perlad Advanco Report # _ €'SA # _ Involve #_ CERTIFICATION: I heraby Certify to the best Or my knowledge that this request Is compiele and correct and conforms with the terms ared tho purposes of the above cnnvact, f f PrepaVed by: Data Approved hy: Cate:, PART A: BUDGET SUMMARY AAA Admtn, Services TOTAL 1. Approved Contract Amount $0.00 $0.00 SD.00 2. Previous Funds Na Ived ter Contract Period $0.00 $0.00 $O.OD I 3, Convect BalBncs (ikle t m1hus Ilne 2) SO'Do SD.00 $0,00 4. Previous Funds Requested ana Nat Received for Contract Period 50.oC $0.00 So= 5. CON RACT BALANCE. (IIn0 3 rninus Ilne 4) SR.DC $O.DD Saco PART B: CONTRACT FUNDS REQUEST 1, Anliclpated Cash Need [1st - 2n0 months) $0.00 50,00 $0•00 2. Nos Expend ilures For MOMIti $0.00 $0.00 $0.00 (00CA Form 106H, Part B, Una 3) 3. TOTAL Saco V).CO $0.00 PART C: NET FUNDS REQUESTED I 1. Less Advance Appiled $0.06 :0.00 $0.00 2. TOTAL FUNDS REQUESTED (Pars B LIAa 3, minus Part C L`.ne 1) $0,00 $0.00 $0.00 list at SerAws I Units 1 Rales provided - See attached report. OOEA FORM IWH Rev'sed OWNW!a 54 I)f (July 21121- June 2022) HCE 203.21 AT I'ACIIMENT XII RECLIPT ANO EXPICNDITURE REPORT HOME CARE FOR THE ELDERLY PROGRANT PROVIDER NAME, AGGRESS. PHONE # and FElQ# Program Funding : Contract * Contract Period AAA Admin. Report Period Report # Services Invoice # PSA # CERTIFICATION: I certify to the bast of my Iolowledje and belief that the report is complete and tarred and all outlays herein are for purposes sat forth In the contract. Prepared by _ _. �— _ —� _-- oase Approved by .- — "C — PART A: BUDGETED INCOME 1 RECEIPTS 1, Approved 2. Actual Receipts 3. Total Recelpts 4, Percent of Budget _ For This Re ort Year to sets Approved Budget 1, State Funds $0.00 $0.0o $0.04 #DIVIO! 2. TOTAL RECEIPTS $0,00 $0.00 $0.00 #DIV101 PART 3: EXPENDITURES 1. Approved sud eg t 1. AAA Program Adminlstratlon $0.00 2. Sarvices 30.00 3. TOTAL EXPENDITURES $0.00 PART C : OTHER REVENUE AND EXPENDITURES I interest: 1. Earned on GRAdvance S 2. Return of GR Advance $ 3. Qthsr Earned $ ❑XA F OWA s05H Revised 03+23M 2. Expartditures 3, Expendltufes For Thl5 Repo Year to Date_ - SOAO $0.00 $0,00 :0.00 I t. Advance R ec 0upment 'I. Advance Recouped S 4. Percent of roved Bud #D1V10! #01 V101 $0.00 [ 4DIV101 41 "i n1 S (Jul►' 2021 - June 2022) HCE 203.21 ATTACHMENT XW COST REIMBURSEMENT SUM VI.ARY cootf8C# 4 Report Unyoke) Numbee _ A6 (rf M (July 2021 - June 2022) HCE 203.21 ATTACHMENT XTV SERVICE RATE REPORT SERVICE FY 21 /22 RNMBURSL'i1+1Wl' UNIT RATE METHOD OIL PAYMENT UNIT TYPE BASIC SUBSIDY $160 Cast Reimbursement Fixed Fee/Unit Rate HOURS BASIC SUBSIDY - LEGACY Cost Reimbursement HOUR; CASE AIDE VENDOR $33.88 Fixed Fee/Unit Rate HOURS CASE MANAGEM1;W V13NDOIC $60.00 Fixed 1 vc/Unit Rate IIOURS HOMEMAKER - VENDOR $21.50 Fixed Fce/Unit Rate HOURS HOUSING IMPROVEMENT Cast Reimbursement Cost Rebliburselllent EPISODE HOUSIN03IMPROVEMENT - VENDOR Cost Reimbursement Cost Reimbursement EPISODE, MATERIAL AID Cost Reimbursement Cost Reimbursement EPISODE OTHER - BACKGROUND SCREENING - V1NUOR $41.25 Cos( RoillibUl's[:nlerlt EPISODE; PERSONAL CARE - VENDOR $25.67 Fixed Fee/Unit Rate HOURS RESPITE. -VENDOR $25.02 Fixed FCC/Unit Rate HOURS SHOPPING ASSISTANCE - C )VITD-t9 $34.12 Fixed Fee/Unit Rate ON.I --WAY TRIP SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE 'rE,LEPHONE REASSURANICF - COVID- 19 $13.40 Fixed I-ee/Unit Rate EPISODE: TRANSPORTATION Cost Reimbumeument Cost Reillibu senlent 'TRIPS 5-7 t4-5iS (duly 2021 -June 2022) ]HCE 203.21 Revised Aueusi 2007 Attestation Statement Agl•ecraent/C.ontract Ntlntber HC E 203.21 Anlenduleut Number NA 1,_ Daniel R Rodrigilez_ , attest that no ellanges or revisians have been made to the [Heclplcnt/Cunt+•ac(or represcatat1vc} content of the above referenced a greem ell t/co it t ra c t or alnendinent hetween the Arem Agency on Aging for Southwest Florida and Collier County Board of Comity Conimissinners [lteciplenycoutrnetor nnnle) r i The only exception to this stateutent mould be for changes in Inge rormatting, due to the difrevenees in electronic data processing media, which Il:ts Ito arfect an the 11greenleoVeontract content, SiguatareofRecille Revised August 2007 i ')/2021 Date ApproVed as to fortn And 1CPHly A5s1s ltnt Coutlty Attarn ' r 1, t 5$ 4)f M