The URL can be used to link to this page

Backup Documents 09/14/2021 Item #16D 2 16ID 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Wendy Klopf Community and Human I qb Services 2. Minutes & Records Clerk of Court's Office hitk, ?q -;1 3. 4. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Wendy K1opf/CHS Phone Number 252-2901 Contact/ Department Agenda Date Item was 09/14/2021 Agenda Item Number 16D2 Approved by the BCC Type of Document Agreements CCE,ADI & HCE Number of Original 3 Attached Documents Attached PO number or account NA number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? NA 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. r_, 3. Original document has been signed/initialed for legal sufficiency. (All documents to be WK rs signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA ra Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the NA document or the final negotiated contract date whichever is applicable. E;zI 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NA signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. ti; Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_09/14/2021_and all changes made WK during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the WK BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 2 ...July 2021 -June 2022) AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ADI 203.21 ALZHEIMER'S DISEASE INITIATIVE PROGRAM STANDARD CONTRACT COLLIER CoIUN'I'Y BOARD OF COUNTY COMMISSIONERS THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, inc, (Agency)and Collier County Board of County Commissioners (Contractor), collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor,Subgrantee,or Subrecipient. WITNESSE'I'II THAT: 11 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 ff 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. Purpose of Contract: The purpose of this contract is to provide set vices in accordance with the terms and conditions specified in this contract including all uttnchments, forms, and exhibits which constitute the contract document. 2. Incorporation of Documents within the Contract: The contract will incorporate attachments, proposal(s), state plan(s),grant agreements,relevant Department handbooks, manuals and/or desk books,as an integral part of the contract, except to the extent that the contact explicitly provides to the contray. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract(locum ent(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 party required to sign it, whichever is later. It shall end at eleven fifty-nine(1 1:59) P.M.,Eastern Standard Time June 30, 2022. 4. Contract Amount: The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not III to exceed $504,968,54,subject to the availability of funds. Any costs or services paid for under any other contract or front any other source are not eligible for payment under this contract. 5. Renewals: 13y mutual agreement of the Parties, in accordance with Section 287,058(I)(g), Florida Statutes (F.S.), the Agency may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price,or method for<leterntining a renewal price,is set forth In the bid, proposal,or reply.No other costs for the renewal may be charged.Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of funds. 6. Compliaace with Federal Law: 6.1 If this contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations(CFR) Part 75 and/or 45 CFR Part 92, 2 CFR Part 200,and other.applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards,orders, or regulations issued under Section 306 of the Clean Air Act as amended(42 United States Code (U.S.C.) § 7401, et seq.), Section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251, et seq.), Executive Order 11738, as amended, and, where applicable, Environmental Protection Agency regulations 2 CFR Part 1500.'l'he Contractor shall report any violations of the above to the Agency. 6.1.3 Neither the Contractor nor any agent acting on behalf of the Contractor may use any federal funds received in connection with this contract to influence legislation or appropriations pending before Congress or any state legislature. 'l'he Contractor must complete all disclosure forms as required, specifically the 1 of 63 16 D 2 'July 2021 -,June 2022) ADJ 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 11 to 2 CFR Part 200, the Contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by iixecuUwe Order' 11375 and others, and as supplemented in Department of Labor regulations 41 CFR Part 60 and in Department of Health and Human • Services regulations 45 CFR fart 92, if applicable. 6.1.5 A contract award with an amount expected to equal or exceed 1;25,000.00 and certain other contact 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 Executive Orders 125,19 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other titan Executive Order 12549, The Contractor shall comply with these provisions before (loin business or entering into subcontracts receiving federal funds pursuant to this contract. The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execution of this contract. 6.2 The Contractor shall not employ an unauthorized alien, The Agency will consider the employment of unauthorized aliens a violation of the immigration and Nationality Act (8 U.S.C. § 1324a)and the immigration Reform and Control Act of 1986 (8 U.S.C. § 1101). Such violation will be cause for unilateral cancellation of this contract by the Agency. 6.3 lithe Contractor is a non-profit provider and is subject to Internal Revenue Service(IRS)tax exempt organization reporting requirements (filing a Form 990 or Form 990-N), and has its tax exempt status revoked for failing to comply with the filing requirements of'the Pension Protection Act of 2006 or for any other reason, the Contractor must notify the Agency in writing within thirty(30)days of receiving(lie IRS notice of revocation, 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR § 170.1 10()), 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. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Contractor during the contract term.Contractor shall include in related subcontracts a requirement that Subcontractors perforating work or providing services pursuant to the state contract utilize the E -verify system to verify employment of all new employees hired by the Subcontractordur'ing the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to bein compliance with this provision. 7. Compliance with State l.aw: 7,1 This contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws. 7,2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, F.S„ and Section 215.971, F.S., and expenditures must be in compliance with laws, rules, and regulations including, but not limited to, the Reference Guide for State Expenditures. 7,3 The Contractor shall comply with the requirements of Section 287.058,F,S.,as amended. 7.3.1 'I'he Contractor shall perform all tasks contained in Attachment J. 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in Attachment 1, to be received and accepted by the Agency Contract Manger prior to payment. 73.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment 1, Section III. Method of Payment. 7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in suftielcnt detail for a proper pre-audit and post-audit. J I 2 or 63 160 2 July 2(121 -June 2022) ADI 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 112.06I, F.S., or at such lower rates as nay be provided in this contract. 7,3.6 The Contractor shall allow public,access to all documents, papers, letters,or other public records as defined in Section 1 19.01 1(12), F.S., made or received by the Contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision will constitute an immediate breach of contract for which the Agency may unilaterally terminate this contract. 7.4 if clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427, F.S.,and Rule Chapter 41-2, Florida Administrative Code(F.A.C). 7.5 Subcontractors who are on the Discriminately Vendor list may not transact business with any public entity, in accordance with the provisions of Section 287.134, F,S, 7.6 The Contactor shall comply with the provisions of Section 11.062, F.S.,and Section 216.3,17,F.5.,which prohibit the expenditure of contract funds 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 (he Iran Petroleum Energy Sector List, the Scrutinized Companies with Activities in Sudan List,or the Scrutinized Companies that Boycott Israel fist, or if the Contractor has been engaged in business operations in Cuba or Syria or is engaged in a boycott of Israel. 8, Background Screening The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons who meet the definition of a direct service provider and lvho 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 I lcalth Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision, Contractor shall submit the Background Screening Affidavit of Compliance (Screening Form) to the Agency within thirty (30) days of execution of this contract. Should the Agency have a completed Screening Form on file for the Contractor,a new Screening Form will be required every twelve(12) months. 8.1 Further information concerning the procedures for background screening may be found at hap://elderaflairti_state.11.t►s/doen/backg eundscreening.Pllp. • 9, Grievance Procedures: The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of; service(s) and to address complaints regarding the termination,suspension or reduction of services,as required for receipt of funds. These procedures,at a minimum,will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor's determination(s). 10. Public Records and Retention: 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the Agency to perform the contracted services. 10,1.2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that sloes not exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Agency. I0.1.4 Upon completion of the contract, the Contactor 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 Contactor transfers all public records to the Agency upon completion of the contact, Contractor shall destroy any duplicate public records that are exempt,or confidential and exempt, 0 3 of63 16 2 July 2021 -June 2022) ADI 203.21 from public records disclosure requirements. II'the Contractor keeps and maintains public records upon completion of the contract, the Contactor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Agency in a formal that is compatible with the information technology systems of the Agency. 10.2 The Agency finny unilaterally cancel this contract,notwithstanding any other provisions of this contract,for refusal by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents,papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 1 19,07(1), P.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION Oh CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUI3LIC RECORDS RELATING TO THIS CONTRACT, CON'1'AC'1"1'HE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 2830'Winkler Avenue,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 shall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. I I. Audits,Inspections,Investigations: 11.1 'the Contractor shall establish and maintain books, records, and documents (including electronic storage media) sufficient to reflect all assets, obligations, unobligated balances, income, interest, and expenditures of funds provided by the Agency under this contract. Contractor shall adequately safeguard all such assets and ensure that they arc used solely for the purposes authorized Under this contract Whenever appropriate, financial information should be related to performance and unit cost data. 11,2 The Contractor shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contact for a period of six (6) years after completion of the contract, or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the Agency. 11.3 Upon demand,at no additional cost to the Agency, the Contractor shalI facilitate the duplication and transfer of any records or documents during the required retention period. 11.4 The Contractor shall ensure that the records described in this section will be subject at all reasonable times to inspection, review,copying,or audit by federal, state,or other personnel duly authorized by the Agency. 11.5 At all reasonable times for as long as records arc maintained, persons duly authorized by the Agency and federal auditors, pursuant to 45 CPR Part 75, shall be allowed full access to and the right to examine any of the Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11.6 The Contractor shall provide a Financial and Compliance Audit to the Agency as specified in this contract and ensure that all related third-party transactions are disclosed to the auditor. 11.7 Contractor agrees to comply with the Inspector General in any investigation,audit,inspection,review,or hearing performed pursuant to Section 20.055, P.S. Contractor further agrees that it shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to this contact agree to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to 0 4ofG3 I6U July 2021 -,Tulle 2022) ADI 203.21 Section 20.055(5), F.S. 13y execution of' this contract the Contractor understands and will comply with this subsection, 11.8 In accordance with Executive Order 20-4I4i which requires executive agencies to subn)it a list of entities named i( in statute with which a state agency must form a sole-source, public-private agreement or an entity that,through contract of outer agreement With the state, annually receives 50°/u or more°flitch.budget from the Stale or from a combination of State and Federal funds. Any Contractor that meets One or both of the criteria listed must submit an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams within thirty(30)clays ofexeculion of Ihis contract. 11.8.1 The report must include total compensation including salary,bonuses,cashed-in leave,cash equivalents, severance pay, retirement benefits,deferred compensation, real-property gills,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 contracted entity. 12. Nondiscrimination-Civil Rights Compliance: 12,1 The Contractor shall execute Assurances as stated in the Assurances-Non-Construction Programs Attachment that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion,color, disability, national origin, marital status,or sex in compliance with state and federal law and regulations.The Contractor further assures that all Contractors,Subcontractors, Sub-grantees,or others with whom it arranges to provide services or benefits in connection with any of its programs and activities arc not discriminating against clients or employees because of age,race,religion,color,disability,national origin, marital status,or sex. 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete, and accurate Civil Rights Compliance Checklist, attached to this contract. 12,3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract, These procedures 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 financial assistance,and are binding upon the Contactor,its successors,transferees,and assignees for the period during which such assistance is provided. The Contractor further assures that all Subcontractors,Vendors, or others with whom it arranges to provide services or benefits to participants of employees in connection with any of its programs and activities arc not discriminating against those participants or employees in violation of the any statutes, regulations, guidelines, and standards. In the event of tiailw'e to comply, the Contractor understands that the Agency may, at its discretion,seek a court order requiring compliance with the terms of this assurance or seek other appropriate,judicial or administrative relief including, but not limited to, termination of the contract and denial of further assistance. 13. Monitoring by the Agency: The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records,papers,documents, facilities, goods, and services of the Contractor which are relevant to this contract, and to interview any clients, employees,and Subcontractor employees of the Contractor to assure the Agency of the satisfactory performance of the terms and conditions of this contract. Following such review, the Agency will provide a written report of its findings to the Contractor and, where appropriate, the Contactor shall develop a Corrective Action Plan (CAP). The Contactor hereby agrees to correct ail deficiencies identified in the CAP in a timely manner as determinedby the Agency's Contract Manager. 14. Provision of Services: The Contactor shall provide services in the manner described ill Attachment I. • 5 of 63 160 2 July 2021 -June 2022) ADC 203.21 15. Coordinated Monitoring with Other Agsticies: 1f the Contractor receives funding from one or more State of Florida human service agencies, in addition to the Agency, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of this contract, and pursuant to Section 287.0575, F.S., as amended, Florida's human service agencies shall include the Agency, the Department of Children and Families, the Department of I lcallIi, the Agency for Persons with Disabilities, and the Department of Veterans' Affairs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator,the Contactor shall comply and cooperate with all monitors,Inspectors,and/or investigators. It. Ncw Contract(s)Reporting: The Contractor shall notify the Agency within ten(10)days of entering into a new contract with any of the remaining four (el)state human service agencies.The notification shall Include the following information: (1)contracting state agency and the applicable office or program issuing the contract;(2)contract name and number;(3)contract shut and end dates; ('I) 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 287,0575,F.S.,trs amended,the Contractor shall complete the Contractor's State Contracts List attached to this contract. I7. Indemnification: The Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and employees from any and all claims, demands, actions, and cruises of action of whatever nature or character arising out of, or by reason of, the execution of this contract or performance of the services provided for herein. II is understood and agreed that the Contactor is not required to indemnify the Agency for claims, demands, actions,or causes of action arising solely out of the negligence of the Agency. 17.1 Except to the extent permitted by Section 768.28, F.S., or other Florida law, this Section 17 is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768,28(2),F.S. 18. Insurance and Bonding: 18.1 The Contactor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and ex tension(s) of it, 13y execution of this contract, unless it is a state urgency or subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract. 'I'hc limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract. The Contactor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of this contract, Such coverage nay be provided by a self-insurance program established and operating under the laws of the State of Florida.The Agency reserves the right to require additional insurance as specified in this contract. 18.2 Throughout the term of this contract, the Contactor shall maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees, and agents of the Contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the f'nrnuds handled, the degree of risk as determined by the insurance company,and consistent with good business practices. 19. Confidentiality of Information: The Contactor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 20, health Insurance Portability and Accountability Act: Where applicable, the Contractor stall comply with the 1 learn) Insurance Portability and Accountability Act of' 1996, Public Law I04-I9I, as well as all regulations pronnllgnted thereunder (45 CFIZ Parts 160, 162,and 164). 21, Incident Report log: 21.1 The Contractor shall notify the Agency immediately but no later than forty-eight('18)hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor's or Subcontractor's 0 6 of 63 16 Jul)'2021 ••,Jame 2022) Al)!203.21 ability to perform the services required to be perlorrnetl under this contract. Such notice shall be made orally to the Agency's Contract Manager(by telephone) with an email to immediately follow. 21.2 'l'hc Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child, aged person,or disabled adult to the Florida Abuse Hot on the statewide toll-free telephone number (I-800-96ARUSl's). As required by Chapters 39 and'I15, F.S., this provision is binding upon the Contractor, its Subcontractors, and their employees. 22, Bankruptcy Notification; During the term of this contract, the Contractor shall immediately notify the Agency if the Contactor, its assignees, Subcontractors,or affiliates file a claim for bankruptcy, Within ten(10)days after notification,the Contractor must also provide the following information to the Agency: (I)the date of tiling of the bankruptcy petition;(2) the ease number; (3) the court name and the division in which the petition was filed (e.g., Northern District of Florida, Tallahassee Division); and(4)the name,address,and telephone number of the bankruptcy attorney. 23. Sponsorship and Publicity: 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 Elder Affairs." If the sponsorship reference is in written material,the words"Slate of Florida, Department of Elder Affairs"shall appear in at least the same size letters or type asthe name of the organization. 23,2 The Contractor shall not use the words "Area Agency on Aging for Southwest Florida, Inc. and/or State of Florida Department of Elder Affair:s" to indicate sponsorship of a program otherwise financed, unless specific written authorization has been obtained by the Agency prior to such use, 24. Asslo,iimeuts: 24.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written approval of the Agency. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the Agency shall constitute a material breach of the contract. in the event the State of Florida approves assignment of the Contractor's obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24,2 ']'he State of Florida is,at all times, entitled to assign or transfer,in whole or part, its rights,duties,or obligations under this contract to another governmental agency in the State of Florida upon giving prior written notice to the Contractor. 24.3 This contract shall remain binding upon the successors in interest of the Contractor and the Agency. 25. Subcontracts: 25,1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Agency deems necessary.The Contactor further agrees that the Agency will not be liable to the Subcontractor in any way or for any reason.The Contactor,tat its expense,shall defend the Agency against any such claims. 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Agency or other state agency. Failure to make payments to any Subcontractor in accordance with Section 287.0585, F.S., unless otherwise stated in the contact between the Contractor and Subcontractor, will result in a penalty as provided by statute. 26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor and any of its Subcontractors are independent Contractors and are not employees of the Agency, and that they shall not hold themselves out as employees or agents of the Agency lvilhout prior specific authorization from the Agency. It is the further intent and understanding of the Parties that the Agency does not control the employment practices of the Contractor and will not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the 0 , I 7of63 1 :July 2021 -June 2022) ADI 203.21 Contractor or its Subcontractors. All deductions for social security,,withholding taxes, income taxes, contributions to uneilployntent compensation funds, and all necessary insurance for the Contractor are the sole resl)onsibility of the Contractor. 27. Payment; Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment i. The AGENCY Contract Manager will have final approval of the Contractor's invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise.The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of Section 215.4122,f,S, A Vendor Ombudsman has bcenestablished within the Florida Deportment of Financial Services and nay be contacted at 800-342-2762. 28. Return of Funds: The Contractor shall return to the Agency any overpayments due to unearned funds or funds disallowed,and any interest attributable to such funds pursuant to the terms and conditions of this contract, that were disbursed to the Contractor by the Agency. in the event that the Contractor or its independent auditor discovers that an overpayment hasbeen made, the Contractor shall repay said overpayment immediately without prior notification from the Agency. In the event that the Agency first discovers an overpayment has been made, the AGENCY Contract Manager will notify the Contractor in writing of such findings. Should repayment not be made forthwith, the Contractor shall be charged at thelawful rate of interest on the outstanding balance pursuant to Section 55,03, F,S.,after Agency notification or Contractor discovery. 29, Data Inteerlty and Safel:m.(1lnk Information: The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system.The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30, Computer Use and Social Media Policy: The Agency has implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to all 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,social networks like MySpace, Facebook and 'Twitter, as well as content shaming networks such as flickr and YouTube, This policy is available on the Agency's website ta: httpalcl(leral'Iairs.statc ll.us/dema/financial.php. 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(he award of a contract supported by state or federal finds if a conficl of interest,real or apparent, would be involved. Such a conflict would arise when:(a)the employee, officer or agent;(b)any member of his/her immediate fancily;(c)his or her partner;or(d)an organization which employs,or is about to employ,any of the above individuals, has a financial or other interest in the firm being selected for award. The Contractor's or Subcontractor's officers, employees,or agents will neither solicit nor accept gratuities, favors,or anything of monetary value from Contractors, potential Contractors,or parties to Subcontracts.The Contractor's board members and management must disclose to the Agency any relationship which may be,or may be perceived to be,a conflict of interest within thirty(30)calendar days of an individual's original appointment or placement in that position, or, if the individual is serving as an incumbent, within thirty(30) calendar days of the commencement of this contract. The Contractor's employees and G 8 of 63 160 a July 2021 -June 2022) Al)i 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 submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F,S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on (he Convicted Vendor List, 33, Purchasing: 33.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. 33,1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED 'l'IHAT ANY ARTICLES 'I'11AT ARE THE SUBJECT OF,OR REQUIRED TO CARRY OUT,THiS CONTRACT SHALL BE PURCi'tASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR 'l'1]E SEVERELY IiANi)ICAPPEI THAT IS QUALIFIED PURSUANT"I'O CHAPTER 413, FLORIDA STATUTES, INTHE SAME MANNER AND UNDER THE SAME PROCEDURES SET FOR'l'Il IN SECTION 413.036(1) AND (2), FLORIDA !, STATUTES; AND FOR PURPOSES OF THIS CONTRACT 'IT'IE PERSON, FiRM, OR O'I'IIER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR 'J'HE ST'A'I'E AGENCY INSOFAR AS DEALINGS WITT-I SUCH QUALM Ef)NONPROFIT AGENCY ARE CONCERNED. 33.1.2 Pursuant to sections 413.036(1) and (4), F.S., the Contractor shall not be required to procure a product or fi service from RESPECT if: (a) the product or service is not available within a reasonable delivery time, (b) the Contractor is required by law to procure the product or service from any agency of the state,or(c) the Contractor determines that the performance specifications, price,or quality of the product or service is not comparable to the Contractor's requirements. 33.1.3 this act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by the Agency in accordance with its rules. 33.1.4 Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org, 33.2 The Contractor shall procure any recycled products or materials which arc 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 ot'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, I .S. 33.3.1 II 1S EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT,THIS CONTRACT SI!ALL I3E PURCI IASI D FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER ANI) UNDER TI1E SAME PROCEDURES SET FOR'I'll IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CON'I'RAC'I'THE PERSON, FiRM,OR O't'1IER BUSINESS ENTITY CARRYING OUP THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCI I CORPORATION ARE CONCERNED. 33.3.2 The corporation identified is Prison Rehabilitative Industries and Diversified Enterprises, inc. (PRIDE). Additional information about PRIOR and the commodities or contractual services it offers is available at lltps://pride-cnterprises,ort/. • 9of63 160 2 July 2021 -June 2022) ADI 203.21 33,4 The Contractor shall provide a Certified Minority Business Subcontractor Expenditure (CMBE) Report summarizing the participation ofcertified suppliers for the current reporting period and project tp elate,The CMBE 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 each invoice submitted to the Agency. The Office of Supplier Diversity (850-487-09I5) will assist in furnishing names of qualified minorities. The Agency's Minority Coordinator (850-4I4-2153) will assist with questions and answers, The CMBE Report is attached to this contract. 34. Pat en ts,Copyrights,Royalties: • If this contact is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the coarse of or as a result of work or services performed under this contract or in any way connected with this contract, or if ownership of any discovery, invention, or copyrightable material was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention, or copyrightable material to the Agency to be referred to the Department of'State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S.Pursuant to Section 287.0571(5)(k), F.S., the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract 34.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to this Section 34. 34,2 If this contract is awarded solely federal funding, the terms and conditions arc governed by 2 CFR § 200.315 or 45 CFR § 75.322, as applicable. 34.3 Notwithstanding the foregoing provisions, if'the Contractor or one of its Subcontractors is a university and a member of the State University System of Florida,then Section 1004.23,F.S.,shall apply, but the Agency shall retain a perpetual, fully-paid, nonexclusive license for its use and the use of its Contractors, Subeontractors,or Assignees of anyresulting patented, copyrighted,ghted or trademarked work products. f- b 1) £� I 35. Emergeney Preparedness and Continuity of Operations: 35.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety, or welfare, the Contractor shall, within thirty (30) calendar days of the execution of this contract, submit to the AGENCY Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the Agency of emergency provisions. 35.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall remain responsible for performance under this contract and must follow procedures to ensure continuity of operations without interruption, • 36. Equipment: 36.1 liquipment means:(a)tangible personal property(including information technology systems)having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal funds- 2 CFR § 200.33 and 45 CFR§75.2,as applicable),or(b); nonexpendable,tangible personal property of a non-consumable nature with an acquisition cost of$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 'ttille Or cost of$250.00 or more[for state funds]. 36.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards in compliance with 2 CFR Part 200 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular;(b)a procedure for conducting a physical inventory of equipment at least once every two (2) years; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment;and(d) maintenance procedures to keep the equipment in good condition.The property records must be maintained on tile and shall be provided to the Agency upon request. The Contractor shall promptly investigate, fully document, and notify the AGENCY Contact Manager of any loss, damage, or theft of cquipnlent.'I'he Contractor shall provide the results of the investigation to the AGENCY Contract Manager. 10 of 63 16 ii :.July 2021 -June 2022) Al))203,21 36.3 The Contractor's property management standards fur equipment (including replacement equipment), whether acquired in tvhole or in part with federal funds and federally-owned equipment shall, at a miniinum, meet the following requirements and shall include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that m et tide a description of the equipment; 36,3,2 Manufacturer's serial number, model number, federal stock number, national stock number, or other Identification number; 36,3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3,5 Acquisition elate(or date received, if the equipment was furnished by the federal government); 36,3,6 Information from which one can calculate the percentage of federal participation in the cost Of the equipment (not applicable to equipment furnished by the federal government); 36.3,7 Location, use and condition of the equipment and the date the information was reported; 36,3,8 Unit acquisition cost; and 36,3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding agency for its share. 36.3.10 A physical inventory must be taken, and the results reconciled with the property records at least once every two(2)years, 36.3,11 A control system must be developed to ensure adequate safeguards to prevent loss,damage, or theft of the property. Any loss, damage, or theft must be investigated. 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 authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return. 36.4 Equipment purchased with federal funds with an acquisition cost over$5,000.00 and equipment purchased with state funds with an acquisition cost over$5,000,00 is part of the cost of carrying out the activities and functions of the grant awards and title (ownership) will vest in the Contractor [for federal funds see 2 CFR § 200.313(a) and 45 CPR § 75,320(a), as applicable), subject to the conditions of 2 CFR Part 200 and/or 45 CPR Part 75, Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this contract or identified in the sub-agreements with Subcontractors (trot included in a cost methodology), is subject to the conditions of Chapter 273, I'.S.,rule 60A-1,017, F. A. C., and 2 CI'R Part 200 and/or 45 CFR Part 75. 36.5 The Contractor shall not dispose of any equipment or materials provided by the Agency or purchased with funds provided through this contract without first obtaining the approval of the AGENCY Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the Agency's Contract Manager.The request should include a brief description of the property,purchase price, funding source, and percentage or state or federal participation, acquisition date and conditionof the property. The request should also indicate the Contractor's proposed disposition of the property (i.e., 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 ono hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR § 200.313 or 45 CFR §75.320,as applicable. 36.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements coveted under this contract without the prior approval of the. Agency. Real property purchases from Older Americans Act funds are subject to the provisions oi'Title 42, Chapter 35,Subchapter III, Part A.,Section 30301) 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, P.S. o 11of(13 160 2 :1 1y 2021 -June 2022) AJ)I 203.21 36.8 Any permanent storage devices(e.g.:hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 36.9 The Contn'actor must adhere to the Agency's procedures and standards when purchasing Information Technology Resources (1'FR) as part of any agreement(s) incorporating this contract by reference, An ITR worksheet is required for any computer related item costing$1,000.00 or more, including data processing hardware,software, services, supplies, maintenance, training, personnel, and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the Agency upon request.The Contractor has the responsibility to require any Subcontractors to comply with the Agency's ITR procedures. 37, FOR 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at: htlp://\\ww.myflorida.condap /\2s/adocfF7740 P1JR I000.pd f In the event of any conflict between the RJR 1000 Form and any terms or conditions ot'this contract, the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are requited by any section of the Florida Statutes,the terms or conditions contained in the PUR 1000 Form shall lake precedence. 38. Use of State Funds to Purchase or InuDrove Real Property: Any slate funds provided for the purchase of or improvements to real property arc contingent upon the Contractor or political subdivision granting to the state a security interest in the property al least to the amount of state funds provided for at least five(5)years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by the AGENCY Contract Manager, who shall reducethe decision to writing and serve a copy on the Contractor. 40. Financial Consequenecs: if the Contractor!'ails to meet the minimum level of service or performance identified in this contract,the Agency shall impose financial consequences as stated in Attachment I. 41, No Waiver of Sovereign Immunity: Nothing contained in this contract is intended to serve as a \vaiVer of sovereign immunity by any entity to which sovereign immunity may be applicable. 42. Yonne: If any dispute arises out oh'this contract, the venue of such legal recourse shall he Lee County,Florida. 43, Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon(he Agency or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Matcure; 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 rnajcute condition provides inunedinte written notification to the other party and takes all reasonable efforts to cure the condition. 45. Severn bility Clause: The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract Appropriations: The Parties agree that the Agency's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 12ol'63 16D 2 July 2021 -June 2022) AM 203,21 'I7. Addition/Deletion: The Parties agree that the Agency reserves the right to add or to delete any of the services required under this contract When (ICetned to he in the State of Florida's hest interest and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 48. \Vaiver: The delay or failure by the Agency to exercise or enforce any of its rights under this contract will not constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 49, Compliance: The Contractor shall abide by all applicable current federal statutes, laws, rules, and regulations as well as applicable current state statutes, laws, rules and regulations. The Parties agree that failure oldie Contractor to abide by these laws shall be deemed an event of'default of the Contractor and subject the contract to immediate unilateral cancellation of the contract at the discretion of the Agency. 50, Final Invoice: The Contractor shall submit the final invoice for payment to the Agency no later than thirty(30)days after the contract ending date unless otherwise specified in Attachment 1, If the Contractor fails to do so, all right to payment is forfeited and the Agency shall not honor any requests submitted idler the aforesaid time period.Any payment due under the terms of this contract shall be withheld until all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 51, Re►egotialions of Mod Men tions: Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be ndjusfed retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Agency's operating budget, 52. Suspension of Work: 'the Agency may, in its sole discretion,suspend any or all activities under the contract or purchase order, at any time, when in the interest of the State to do so.The Agency shall Provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to,budgetary constraints,declaration of emergency, or other such circumstances. Ailey receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders, Within ninety (90) days, or any longer period agreed to by the Contractor, the Agency shall either: (I) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate Ilse contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 53. Termination: 53.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate this contract in whole or in part when the Agency determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination,except as necessary to complete the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 53,2 'Termination for Cause,The Agency may terminate this contract if the Contractor fails to:(1)deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thusendtingerIng performance of the contract, (3) honor any term of the contract, or ('I) abide by any statutory, regulatory, or licensing requirement. Rule 60A-I.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of Subcontractors at any tier,the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor, If the failure to perform is caused by the default of a Subcontractor at any tier,and if the cause of the default is completely beyondthe control of both the Contractor and the Subcontractor, and without the fault or negligence of either, the � I C."* .13 o1'63 It 16Li a July 2021-June 2022) AI)1203.21 Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet Ilse required delivery schedule. lf,after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the Parties shall be the same as if thc termination had been issued for the convenience of the Agency. The rights and remedies of thc Agency in this clause are in addition to any other rights and remedies provided by law or under the contract. 54. Electronic Records and Sit;natare: The Agency authorizes, but does not require,the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract. A Contractor that createsand retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirementscontained in the Uniform Electronic Transaction Act, Section 668.50, F.S. All electronic records must be fully auditable;are subject to Florida's Public Records I.uw, Chapter 1 I9, P.S.; must comply with contract Section 29, Data Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must he retained and maintained by the Contractor to the same extent as non-electronic records are retained and maintained as required by this contract. 54.1 'l'he Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency.The Contractor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 54.2 Upon request by the Agency, the Contractor shall provide the Agency with non-electronic (paper) copies of records. Non-electronic(paper)copies provided to the Agency of tiny document that was originally in electronic form with an electronic signature must identify the person and the person's capacity who electronicallysigned the document on any non-electronic copy of the document. 55. Contract Manager: The Agency may substitute any Agency employee to serve as the AGENCY Contract Manager. • REMAINDER OF TILL'PAGE M EN77ONALL1'LEIS7'BLANK • iI 1'l ol'C3 160 2 July 2021 -June 2022) AD1203.21 56, Official Payee and Representatives(Names,Addresses, anti Telephone Numbers): The Contractor name, as shown on page I of this Collier County Board of County Commissioners 3329 P, Tamiani 'frail 1uilding I-I a, contract,and mailing address of the official payee to Naples, I'I, 34112 whom the payment shall be made is: The name of the contact person and street address Kristi Sonntag, Director h. where financial and administrative records are Collier County Board of County Commissioners maintained is: 3329 R'I'amiami"Trail Building 11 Naples, FL 3,1112 239-252-2273 Kristi Sonntag, Director "The name,address,and telephone number of the Collier County Board of County Commissioners e. representative of the Contractor responsible For 3329 I:Tantiami'Grail Building I1 administration of the program under this contract is: Naples, FL 34112 239-252-2273 Area Agency on Aging for Southwest Florida, Inc. The section and location within the Agency where 2830Winkler Ave., Suite 112 d. Requests for Payment and Receipt and Expenditure Fort Myers, FL 33916 forms are to be mailed is: 239-652-6922 Richard Cocchieri, Director of Finance The name, address, and telephone number of the 2830 Winkler Ave,Suite 112 e. Fort Myers, FL 33916 Contract Manager for this contract is: 239-652-6922 Upon change of representatives(names,addresses,telephone numbers)by either party, notice shall be providedin writing to the other platy. 57. All Toms and Conditions Included: This contract and its Attachments I -• XVII, 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, of obligations other than those contained herein, and this contract shall supersede all previous communications, representations,or agreements,either written or verbal, between the Parties. By signing this contract, the Parties agree that they have read and agree to (he entire contact IN WITNESS WHEREOF, the Parties hereto have caused this sixty-three(63) page contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: C:OLI.,II,It AREA AGENCY ON AGING FOR COUNTY BOA, k) OF COUNTY SOUTHWESThi3OR1UA, INC, COIVIMISSIr ERS SIGNED BY: SIGNED BY: Norma Adorno NAME: Daniel R Rod guez NAME: CEO TITLE: Public Service Department Head August 18, 2021 DATE: 08/ I3/2021. DATE: ^-_ Approved as to form and legality Federal Tax II): 59-6000558 t �""• 15of63 y ' �P ;+ ytmt County Attorltcy``,� 16 0 a July 2021 -June 2022) ADI 203.21 INDEX OF ATTACHMENTS ATTACHMENT I 17 STATEMENT OF WORK 17 ATTACHMENT II 31 FINANCIAL AND COMPLIANCE AUDIT 31 ATTACHMENT HI 37 CER77FICATIONS AND ASSURANCE'S 37 ATTACHMENT IV 42 ASSURANCES—IVON-CONS7'RUC770N PROGRAMS 42 •: ATTACHMENT V 44 FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST 44 ATTACHMENT VI 49 CON77?ACTOR'S STA TE COiV77?ACT LIST 49 ATTACHMENT VIII 51 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CUBE FORM) 51 ATTACHMENT IX 53 INVOICE REPORT SCHEDUI F 53 ATTACHMENT X 54 ANNUAL BUDGET SUMMARY 54 ATTACHMENT XI 55 REQUEST FOR PAYMENT 55 ATTACHMENT XII 56 RECEIP7'AND EXPENDITURE RETORT 56 • ATTACHMENT XIII 57 ANNUAL MODEL DAY CARE CENTER TRAINING REPORT 57 ATTACHMENT XIV 58 COST REIMBURSEMENT SUMMARY 58 ATTACHMENT XV 59 SERVICE RATE REPORT 59 ATTACHMENT XVI 60 SILVER ALERT PROTOCOLS 60 ATTACHMENT XVII 62 AGING AND DISABILITY RESOURCE CENTER(ADRC)SILVER ALERT SERVICES 1?E1ERRAL FORA4 62 0 OZ. 16 of 63 160 :duly 2021-June 2022) ADI 203.21 ATTACHMENT I S'I'A'['EMENT OF WORK AL,Zl[EIM) R'S DISEASE INI'I'IA'J'iVE PROGRAM 1. SERVICES TO BE PROVIDED A. Definitions of Terms f� 1, Acronyms Alzheimer's Disease(AD) Alzheitner's Disease initiative(ADD) Activities of Daily Living(Al)I,) Area Agency on Aging(AAA) Assessed Priority Consumer List (APCL) Adult Protective Services (APS) Client Information and Registration'l'racking System(CIR't'S) Community Care for Disabled Adults(CCDA) Corrective Action Plan(CAP) Dementia Care &Cure Initiative(DCCJ) Department of Bider Affairs(DORA or Department) Florida Administrative Code(F.A.C.) Florida Statutes(F.S.) I Lome Care for Disabled Adults(I iCDA) instrumental Activities of Daily i,iving(IADL) Memory Disorder Clinic(MDC) Planning and Service Area (PSA) Summary of Programs and Services(SOPS) United States Code(U.S.C.) 2. Program-Specific Terms Area Plan: A plan developed by the Contractor outlining a comprehensive and coordinated service delivery system in the respective Planning and Service Area, in accordance with Section 306 of the Older Americans Act(42 U.S.C. §3026), as amended,and Agency instructions.The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the Contractor enters Al.)I-specific data into the CJRTS. An update may also include other revisions to the Area Plan as instructed by the Agency. Department of Elder Affairs Ilandbook: An official document of DOF,A.The DMA I Iandbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers of DO1;A funded programs. Au annual update is provided through a Notice of instruction(NOI), Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least rest riotiye living arrangement. Memory Disorder Clinic(MDC): Research oriented programs created pursuant to Sections 430.502(1) and (2), P.S., to provide diagnostic and referral services, conduct basic and service-related multidisciplinary research, and develop training materials and educational opportunities for lay and professional caregivers of individuals with AD. Notice of Instruction (NOI): The Department's established method to communicate to the Contractor the requirement to perform a task or activity. NOls are located on the Department's website at http://elderaffaia:s.state.ff.us/doea/nois.php. 17of63 160 a ;Jul} 2021 -Ju ne2022) ADI 203.21 Proviso: Language used in a general appropriations bill to qualify or restrict the way in which a specific appropriation is to be expended. Program Highlights: Success stories, quotes, testimonials, or human-interest vignettes that arc used in the Department's Summary of Programs and Services (SOPS) to include infiu'nration that helps tell the story of how programs and services help elders, families, and caregivers. Specialized Day Care: Licensed Specialized Alzheimcr's Services Adult Day Care Centers, licensed in accordance with Section '129.918, F.S., that are considered models because they provide specialized Alzheimer's services for AI)clients. Florida(lealthFincler.gov provides an up to(late listing of all Specialized Alzheimer's Services Adult Day Care Centers. Specialized Alzheimer's Services: Specialized Alzheimer's services, offered in day care centers include, but are not limited to, those listed below: i. Providing education and training on the specialized needs of persons\with Alzheimer's disease or related memory disorders and caregivers. Providing specialized activities that promote, maintain,or enhance the AL)I client's physical,cognitive, social,spiritual, or emotional health. iil. Providing therapeutic, behavioral, health,safety,and security interventions; clinical care, and support services for the ADI client and caregiver. Summary of Programs and Services(SOPS): A document produced by the Department and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders, 13. GENERAL DESCRIPTION 1. General Statement The purpose ofthe ADI is to address the special needs of individuals with AD, their families, and caregivers. 2. Alzh chit er's Disease Willa live Program Mission Statement The A1)1 program assists persons afflicted with AD and other forms of dementia to live as independently as possible with support to family members and caregivers. 3. Authority • The relevant authority governing the A1)1 Program includes: a. Rule Chapter 58D-I, F.A b. Sections 430.501,430.502,430.503,and 430.504,P.S.;and c. Catalog of State Financial Assistance(CSFA)Numbers 65004 and 65002. 4. Scope of Service The Contractor is responsible for the programmatic, fiscal, and operational management ol'the ADI Program. The program services shall be provided in a manner consistent with the Contractor's Area Plan, as updated, and the current DOHA I landbook,which are incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOF,A l Iandbook,and the Contractor agrees to accept all such amendments and revisions via a NOI. 5. Major Program Goal The major goal ol'the ADI Program is to provide services to meet the needs of caregivers and individuals with AL)or other related disorders. III 18 o t'63 d,4,P 16B July 202.1 -June 2022) ADI 203.21 C. Clients to be Served 1, General Description 'i'hc A DI program addresses the special needs of individuals with Al) or other related disorders and their caregivers. 2. Client Eligibility Clients eligible to receive services under this contract must: a. Re 18 years of age or older and have a diagnosis of AD or a related disorder, or be suspected of having AD or a related disorder; or h. If enrolled in Specialized Alzheimer's Services Adult Day Care, be a participant who has a documented diagnosis of Alzheinter's disease or a dementia-related disorder (A DRD) from a licensed physician, licensed physician assistant, or a licensed advanced registered nurse practitioner:and i! c, Not he enrolled in any Medicaid cnpitaled long-term care program. 3. Targeted Groups '• Priority for services under this contract will be given to Ihose eligible persons assessed to be at risk of placement in an institution. 4. Client Determination The Agency shall have final authority for the determination of client eligibility. 5. Contract Limits In no case shall the Contractor be required to incur costs more than the contract amount in providing services to the clients. 6. Clients Served This contract does not provide for direct services to clients other than intake, information and referral services, and screening. II. MANNER OIL SERVICE PROVISION A. Service Tasks To achieve the goals of the AD! program, the Contractor shall perform,or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in Section 1.C.2. 2. Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients in the sequence below for service delivery. It is not the intent ante Agency to remove existing clients from services to serve new clients being assessed and prioritized For service delivery. a. Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self-care is not possible, Ihere is no capable caregiver, and nursing home placement is likely within a month or very likely within three(3) months. b. Service priority ion. individuals not included above, regardless of referral source, will be determined through the Agency's functional assessment administered to each applicant, to the extent funding is available.The Contractor shall ensure that priority is given to applicants at the higher levels of frailty and risk of nursing home placement. CA1t.) 19ot'63 160 2 ;July 2021-June 2022) AD!203.21 3. Program Services 'I'hc Contractor Shall ensure the provision of program services is consistent with the Contractor's current Area Plan, as updated and approved by the Agency, and the current DC)I A Handbook. l, Task Limits The Contractor shall not perform any tasks related to the project other than those described in this contract without the express written consent of the Agency. 13. Use of Subcontractors If this contract involves the use of' a subcontractor or third party, then the Contractor shall not delay the implementation of its agreement with the Subcontractor. If any circumstance occurs that may result in a delay for a period of sixty(60)days or more of the initiation oldie subcontract or the performance of the Subcontractor, the Contractor shall notify the Agency's Contract Manager and the Agency's Chief Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this contract without having a binding Subcontractor agreement executed. The Agency will not be responsible or liable for any obligations or claims resulting from such action. 1, Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the AGENCY Contract Manager within thirty(30) daysof the subcontract being executed, 2. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per fiscal year, each of its subcontractors,subrecipients, vendors, and/or consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative, and programmatic monitoring to ensure contactual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. 'l'he Contractor shall rnonifor to ensure that the budget is met, the scope of' work is accomplished within the specified lime periods, and other performance goals slated in this contact arc achieved. 3, Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor Monitoring Reports to the AGENCY Contract Managerwithin thirty(30)clays of the report being issued to the Subcontractors,Subrecipients, Vendors, and/or Consultants. C. Staffing Requirements } 1. Staffing Levels The Contractor shall assign its own administrative and support staff as necessary to meet the obligations of this contract and shall ensure that subcontractors dedicate adequate staff accordingly. 2, Professional Qualifications The Contractor shall ensure that the staff responsible for perforating any duties or functions within this contract have the qualifications as specified in the current 1)OEA Handbook. 3. Service Times The Contractor shall ensure the availability of'the services listed in this contract at bates appropriate.to meet client service needs including, al n 111111111111111, during normal business hours, or as otlicr'wise specified In proviso or the Subcontractor's approved service provider application. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time. 1). Service Location and Equipment I. Service Delivery Location Services will be provided as needed in locations determined by provider to best meet clients' immediate needs. 20 of 63 160 2 July 2021 -June 2022) ADI 203.21 2. Changes hi Locution 'I'hc Contractor shall notify the Agency in writing a minimum of one week prior to making changes in location that will affect the Agency's ability to contact the Contractor by telephone or facsimile. 3. Equipment Contractor shall be responsible for supplying,at its own expense, all equipment necessary for its performance under the contract including,but not limited to,computers,telephones,copiers, fax machines,maintenance,and office supplies, I . Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1. Delivery of Services to Eligible Clients The Contactor shall ensure the provision of a continuum of services addressing the diverse needs of 1 individuals with AD and their caregivers. The Contractor shall ensure performance and reporting of the following services in accordance with the Contractor's current Agency-approved Area Plan,the current DOEA Handbook, which is incorporated by reference, and Section I1.A. of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of serviceunits provided by service, and rate per service unit with calculations that equal the total invoice amount. The continuum ofservices provided under this contract include those identified by the following service categories: a. Respite and Other Services (I) Caregive•'t'raining/Support. (2) Case Aide. (3) Case Management. (4) Counseling(Gerontological). (5) Counseling(Mental Health/Screening). (6) Education/")Paining. (7) Emergency Home Delivered Shelf Meals (8) Home Delivered Meals (9) llomemaker (10) Housing Improvement (I I) intake. (12) Material Aid (13) Model Day Care. (14) Personal Care (I5) Respite(Facility-Based). (16) Respite(In-)tome). (17) Respite(In-Facility,Specialized Alzheimer's services) (18) Specialized Medical Equipment,Services,and Supplies;and (19) 'Transportation. (20) Shopping Assistance—COV II)— 19 (21) Telephone Reassurance—COVII)— 19 b. Memory Disorder Clinics(MDCs) The Contractor shall maintain coordination with the MDCs,(he Alzheimer's Disease and RelatedDisorders Research Brain Bank (I3rain Bank), and all other components of the ADI, as well as Silver Alert,in the designated PSA. MDCs are required to provide annual in-service training to all respite, in-facility respite, and model day care center staff in their designated service areas, and to plan and develop service-related research projects with model clay care center and respite providers. The Contractor shall respond to requests I'or statistical data concerning its consumers,based on information requirements of the MDCsand the Brain Bank, and assist the MDCs in carrying out Silver Alert protocol activities (Attachment XVI)ta include return of the Aging and Disability Resource Center(A DRC)Silver Alert Services Referral )Form (Attachment XVII)to the referring MDC within fourteen(14)days of receipt. 21 of63 6 2 July 2021 -June 2022) ADI 203,21 c, Model Day Care Programs The Contractor shall ensure Model Day Care Centers supported by this contract develop innovative therapies and interventions which can be shared with outer ADI health and social services personnel and caregivers via training. Model Day Care Centers supported by this contract must report to the Contractor all training activities provided to health care and social service personnel and Caregivers, as well as serve as natural laboratories for research. 2. Services and Units of Service The Contractor shall ensure that the; provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section I I.A.The Service Rate Report(Attachment XV) lists the services that can be performed,the highest reiinhursentent unit rate, the method of payment,and the service unit type. Units of service will be paid pursuant to the rate established in the Area Plan as updated, as shown in the Service Rate Report, and approved by the Agency. 3. Administrative Responsibilities The. Contractor shall provide management and oversight of ADI program operations in accordance with the current I)OHA handbook and the Agency-approved Contractor's Area Plan and Cost Analysis. Management and oversight of'ADI program operations include the following: a. Developing a competitive solicitation process for allocation of ADI funds,including appeal procedures for handling disputes involving Lead Agency. h. Preparing and revising the Area Plan update, c. Designating appropriate and capable Lead Agencies and establishing vendor agreements at the AAA level, when applicable for Lead Agency and ADi services according to manuals, rules,and agreement p1'oCC(Ittres of AGENCY, d. Providing technical assistance to Lead Agencies and vendors to ensure provision of quality services. c. Monitoring and evaluating Lead Agencies, subcontractors, and vendors for programmatic and fiscal compliance. f Appropriately submitting payments to subcontractors. g. Arranging in-service training for Lead Agencies at least annually. It. Establishing procedures for handling recipient complaints concerning such adverse actions as service termination,suspension, or reduction. i. Ensuring compliance with Client Information and Registration Tracking System(CIR"1'S)regulations. j. Monitoring performance objective achievements in accordance with targets set by the Agency. It. Conducting client satisfaction surveys to evaluate and improve service delivery. I, Participating in at least one Dementia Care and Cure initiative(DCCI) task force within the Contractor's service area; and u►, immediately notifying the Agency's Emergency Coordinating Officer of any changes to names and contact information made to the Contractor's local Emergency Coordinating Officer. `l F. Reports The Contractor shall respond to additional routine or special requests for information and reports required by the Agency in a timely manner, as determined by the AGENCY Contract Manager. The Contractor shall establish reporting due dales for Subcontractors that permit the Contractor to meet the Agency's reporting requirements. {: 1. Area Phut Update and All Revisions Thereto The Contractor is required to submit an annual Area Plan update wherein the Contractor enters ADI-specifie data in the CIRTS.The Contractor 'nay also be required to submit revisions to the Area Plan as instructed by the Agency. 1 CIRTS Reports The Contractor shall input ADi-specifie data into CIR'1'S.'1'o ensure CIIUI;S data accuracy,the Contractor shall use CIRTS-generated reports which include the following: C) c 22of63 169 2 July 2021 -June 2022) AM 2(13.21 a. Client Reports. h. Monitoring Reports. c. Services Reports. d. Miscellaneous Reports. e. Fiscal Reports. f. Aging and Disability Resource Center Reports. g. Outcome Measurement Reports. 3. Annual Service Cost Reports The Contractor shall require subcontractors to submit Annual Service Cost Reports, which reflect actual costs of providing each service by program.This Annual Service Cost Report provides information for planning and negotiating unit rates. 4. Lend Agency Spending Report 'l'he Contractor shall submit a Lead Agency Spending Report, in a format provided by the Agency, to the Agency Contract Manager by the(18th)day of each month.'Ellis 1,cad Agency Report is for all agreements and contracts between the Contractor and the Agency and must include the following: a. A list of all subcontractors and their status regarding surplus/deficit. I). The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; and c. Recommendations to transfer funds to resolve surplus/deficit spending. Input from the Contractor's Board of Directors on resolution of spending issues, if applicable. 5. Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SPY/FFY 2020-202I by August 30,2021.The Contractor shall provide a new success story,quote, testimonial,or human- interest vignette.The highlights shall be written for a general audience, with no acronyms or technical terms.For all agencies or organizations that are referenced in the highlight,the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program i(ighlights for clarity, readability, relevance, specificity, human interest, and grammar prior to submitting them to the Agency. ► G. Records and Doc('men intion 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the Agency or authorized individuals, such as the I)epartment of Financial Services, upon request. 2. CIR]S Data and Maintenance The Contractor shall ensure, monthly,collection and maintenance of client and service information in C1RTS or any such system designated by the Agency. Maintenance includes accurate and current data, and valid exports and backups of all data and systems according to Agency standards. 3. CIRT,S Address Validation The Contractor shall work with the Agency to ensure client address 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 he mapped. The Contractor will receive a list of unmatched addressed OW cannot be mapped and the Contractor will be responsible for working with the Lead f7 23 of 63 160 2 July 2021 -Jane 2022) At)I 203,21 Agencies to correct addresses and send at list to the Agency with confirmed addresses. 'Thu Agency will use this information to update maps,client rosters,and unmatched addresses to disseminate to the Lend Agencies. at. Data Integrity and 13neh up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages oldie 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 he as stringent as the protection required of the primary resources. A copy of the backed-up data shall be stored in a secure,offsite location. 5, Policies and Procedures for Records and Documentation The Contractor shall Maintain written policies and procedures for computer system backup and recovery and shall have the saute requirement of its subcontractors.These policies and procedures shall be made available to the Agency upon request. II. Performance Specifications I. Outcomes and Outputs(Performance Measures) 'thte Contractor Must: a. Ensure the prioritization of clients and provision of services to clients in accordance with Section 11.A. above. b. Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section 11.1).above. c. 'timely and accurately submit to the Agency all required documentation and reports described in Section 11.E. above; and d, 'Timely (i.e. in accordance with the Annual Budget Summary) and accurately submit the Request for Payment, the Receipt and Expenditure Report, and the Annual Model Day Care Center Training Report, and supporting documentation to the Agency. 2. Annual Programmatic Monitoring Report The Contractor's performance of the measures in Section 11.111, above, will be reviewed and documented in the Agency'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 contract. Monitoring shall be conducted through direct contact with the Contractor via telephone, in writing, and/or on- site visit(s).'l'he Agency's determination of acceptable performance shall be conclusive.The Contractor agrees to cooperate with the Agency in monitoring the progress of'completion ol'the service tasks and deliverables. The Agency may use, but is not limited to,one or more of the following methods for monitoring: a. Desk reviews and analytical reviews. b. Scheduled,unscheduled,and follow-up on-site visits. c. Client visits. d. Review of independent auditor's reports. e. Review of third-party documents and/or evaluation. f. Review of progress reports. g. Review of customer satisfaction surveys. h. Agreed-upon procedures review by an external auditor or consultant. i. Limited-scope reviews. j. Other procedures as deemed necessary. C"> 2,1 of 63 ib D 2 :July 2021 -June 2022) ADI 203.21 I, Contractor Responsibilities 1, Contractor All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and tu•e tasks and deliverables for which, by execution of this contract, the Contractor agrees to be held accountable. 2, Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of this contract, the foliate 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 conir<re1. .1. Agency Responsibilities 1. Agency Obligations The Agency may, within its resources,provide technical support and assistance to the Contractor to assist the Contractor in meeting the requirements of this contract.The Agency's support and assistance,or lackther'cof, shall not relieve the Contactor from full performance of contract requirements. 2, Agency Determinations 'I'hc Agency reserves the exclusive right to make certain determinations in the tasks and approaches used to perform tasks. The absence of the Agency setting forth a specific reservation of rights does not mean that all other areas of the contract arc subject to mutual agreement. III, METHOD OF PAYMENT A. Payment Methods Used The method of payment for this contract is a combination of fixed fee/unit rate, cost reimbursement, and advance payments,subject to the availability of'funds and Contractor performance.The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables,as specified in Section II.,Manner of Service Provision, and in accordance with other terms and conditions of this contract. I. Fixed Fee/Unit Rate Payments for Fixed Fee/Unit Rate shall not exceed amounts established in the Service Rate Report. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in the Service Rate Report. All Cost Reimbursement Requests for Payment must include the Receipt and Expenditure Report, as well as the Cost Reimbursement Summary Form, beginning with the first month of this contract. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary Form and include only items contained on the Contractor's Cost Analysis Form. 3. AdvancePayurents The Contractor may request up to Iwo(2)months of advances at the start of the contract period to cover program administrative and service costs.The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency by the State of Florida(budget release).The Contractor's requests for advance payments require the written approval oldie Agency's Contract Manager.For the first month's advance request, the Contractor shall provide to the Agency's Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If the Contactor is requesting two (2)months of advances, documentation must 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 first and second month. It'sufficient budget is available, and C 25 of 63 1613 2 ;July 2021 -June 2022) AI)T 203.21 the Agency's Contract Manager, in his or her sole discretion, has determined that there is justified need for an advance,the Agency will issue approved advance payments after July 1st of the contract year. a, Any advance payments the Contractor requests for subcontractors must he distributed within seven(7)days of receipt of payment from the Agency. The Contractor shall submit to the Agency documentation to support full distribution of advanced funds with Report Number 5, due to the Department on October J0, 2021, in accordance with the Invoice Report Schedule(Attachment IX). b. All advance payments retained by the Contactor must be fti!ly expended no later Ihan September 30, 2021. Any portion of advance payments not expended must be recouped on the Request for Payment (Attachment Xl), Report Number 5,due to the Department on October 10,2021, in accordance with the Invoice Report Schedule(Attachment IX). c, All advance payments made to the Contractor shall be reimbursed to the Agency as follows: At least one— tenth of the advance payment received shall be reported as an advttllce recoupment on each Request for Payment(Attachment Xl),starting with Report Number 5, in accordance with the Invoice Report Schedule (Attachment 1X). B. hunding Distribution The Contractor agrees to distribute funds as detailed in the Area Plan update and the Amami Budget Summary. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. C. Method of Invoice Payment Payment shall be made upon the Contractor's presentation of an invoice after the acceptance and approval by the Agency of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contactor shall be as follows: I. I-lave a Remittance Address that corresponds exactly to the "Remit To" address provided to Myt"loridaMarketPlace(MFMP)during registration. 2. Request payment on a monthly basis 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 I Iandbook, at the rates established in the Service Rate Report of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service,andrate per service unit tvith calculations that equal the total invoice amount. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary Form mid include only items contained on the Contractor's Cost Analysis Form. Any requested changes to the approved budget after the execution of this contract nest be submitted to the AUENCY Contract Manager for written approval. Any change to the total contract amount requires a contract amendment. 3. The Contractor shall consolidate all subcontractors' Requests for Payment and Receipt and Expenditure Reports that support Requests for Payment and shall submit to the Agency using the attached Request for Payment form, Receipt and Expenditure Report, and Cost Reimbursement Summary for services and administrative expenses, which must include itemized expenditure categories; and �i. 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 schedule for submission of advance requests (when available)and invoices is listed in the Invoice Schedule. 1). Payment Withholding Any payment due by the Department under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowances. C 2Gof6i3 1613 2 July 2021 -June 2022) AIM 203.21 E. Final I►►voicc Instructions The Contractor shall submit the final Request for Payment to the Agency no later than.luly 25,2022. F. CIRTS Unto Entries for Subcontractors The Contractor must require Subcontractors to enter all required data for clients and services in the CIRTS database per the current DOEA I landbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Subcontractors trust enter this data into the CIRTS prior to submitting their Requests for Payment and Receipt and Expenditure Reports to the Contractor. The Contractor shall establish deadlines for completing CIRTS data entry and ensure compliance with(Inc dates for the Requests for Payment and Receipt and Expenditure Reports that Contractor must submit to the Agency. G. Subcontractors'Monthly(:IR'1'S Reports 'I'he Contractor must require Subcontractors to run monthly C1R'fS reports and to verify that client and service data in the C1R'1'S is accurate. This report must be submitted to the Contractor with the monthly Request for Payment and Receipt and Expenditure Report and must he reviewed by the Contractor before the Subcontractor's Request for Payment and Receipt and Expenditure Reports can be approved by the Contractor. I1. Corrective Action Phut 1, Contractor shall ensure one hundred percent (100%) of the deliverables identified in Section I1.E.1-3 of this eontract are performed pursuant to contract requirements. 2. If at any time the Contractor is notified by the AGENCY Contract Manager that it has failed to correctly, completely, or adequately perform contract deliverables identified in Section II.R.I-3 of this contract, the Contractor will hove ten (10) days to submit a Corrective Action Plan (CAP) to the AGENCY Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the AGENCY Contract Manager. The Agency shall assess a Financial Consequence for Non- Compliance on the Contractor as referenced below in Section 111.1. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CA P. The Agency will also assess a Financial Consequence for failure to timely submit a CAI'. 3. If the Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, the Agency shall deduct the percentage established below in Section 111.1, of this contract from the payment for the invoice of the following month. 4. If the Contactor fails to timely submit a CAI', the Agency shall deduct the percentage established below in Section 111.1.of this contract for each day the CAP is overdue.The deduction will he made from the payment for !! the invoice of the following month. 1, Financial Consequences The Agency will withhold or reduce payment it'the Contractor fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section II.E. of this contract.The following financial consequences will be imposed if the deliverables stated do not inert in part or in whole the performance criteria as outlined in Section II.E.of this contract. 1. Delivery of services to eligible clients as referenced in Section I1.A.1-3. and Section ILEA.of this contract— Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports,will result in a 2%reduction of payment per business day.'the reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency-approved CAP,referenced in Section 111,11. 2. Administrative responsibilities as referenced in Section 11.F.3. of this contract -- Failure. to perform management and oversight of A1)1 Program operations will result in a 2%reduction of payment per business f') C y 27 of'63 160 2 July 2021 -June 2022) AIM 203.21 day. The reduction of payment will begin the ford 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.1 1. 3. Timely submission of a CAP Failure to timely submit a CAP within ten(10)business days after notification of a deficiency by the AGENCY Contract Manager will result in a 2%reduction of payment per business clay the CAP is not received. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section 4. Exceptions may be granted solely, in writing, by the AGENCY contract manager. IV, SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the AGENCY Contract Manager in writing no later than June 30,2022, Email requests arc considered acceptable. B. Contractor's Financial Obligations 1. Use of Service Doliars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the Agency for the purpose specified in this contract. For each program managed by the Contractor,the Contractor must 'nonage the service dollars in such a manner to avoid having a wait list and a surplus of funds at the end of the contact period. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other AAAs during the contact period and/or adjust subsequent funding allocations accordingly, as allowable under slate and federal law. 2. Cost Sharing and Co-payments Pursuant to 430.204(8),the dollar amount for co-payments associated with any Alzheimer's Disease Initiative programs must be calculated by applying the current federal poverty guidelines published by the U.S. Department of I lealth and I luman Services. a. No co-payments will be assessed on a client whose income is at,or below, the federal poverty level (FPI.)as established each year by the U.S. Department of Health and I funtan Services, It. No client may have their services terminated for inability to pay their assessed co-payment. The Contractor, in conjunction with provider agencies, must establish procedures to remedy financial hardships associated with co-payments and ensure there is no interruption in servicc(s) for inability 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. Remedies For Nonconforming Services 1. The Contractor shall ensure that all goods and/or services provided under this contract arc delivered timely, completely, and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. 2. If the Contractor fails to meet the prescribed quality standards for services,such services will not be reimbursed under this contract. In addition, any nonconforming goods and/or services not meeting such standards will not be reimbursed under this contact. The Contractor's signature on the Request for Payment Dorm certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. The Agency requires 28 of 63 11 2 :July 2021 -June 2022) A1)I 203.21 immediate notice of any significant and/or systemic infractions that compromise the quality, security, or continuity of services to clients. D. Incident Reporting The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of changes that may materially affect the Coat Enter or any Subcontractor's ability to perform the services required to be performed under this contract and in authorizing proviso. Such noticeshall be made orally to the AGENCY Contract Manager(by telephone) with an email to immediately follow, which shall include the Contractor's plan for provision of services authorized in proviso. E. investigation of Criminal Allegations Any report that implies criminal intent on the part of the Contractor or any Subcontractors and referred to a governmental or investigatory agency must be sent to the Agency. if the Contractor has reason to believe that the allegations will be referred to the State Attorney,a law enforcement agency, the United States Attorney's office,or other governmental agency, the Contractor shall notify the Inspector General at the Agency immediately. A copy of all documents,reports, notes,or other written material concerning the investigation, whether in the possession of the Contractor or Subcontractors, must be sent to the Department's Inspector General with a summary of the investigation and allegations. F. Volunteers If applicable, the Contractor shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Contractor shall work in coordination with organizations ttart Irave experience in providing training„ placement, and stipends for volunteers or paa'ticipants (such as organisations carrying out federal service programs administered by the Corporation for National and Community Service). G. Enforcement 1. in accordance with Section 430.04, F,S., the Agency may, without taking any intermediate measures available to it against the Contractor,rescind the Contractor's designation as an AAA, if the Agency finds that any of the following have occurred: a. An intentional of negligent act of the Contractor has materially affected the health, welfare, or safety of clients,or substantially and negatively affected the operation of services covered pursuant to this contract. b. The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual Rinds have been misappropriated. c. The Contractor has committed multiple or repeated violations of legal and regulatory requirements, regardless of whether such laws or regulations are enforced by the Agency,or the Contractor has committed multiple or repeated violations of Agency standards. ti, The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency. e. The Contractor has failed to adhere to the tennis of this contract. f. The Contactor has failed to properly determine client eligibility as defined by the Agency or efficiently manage program budgets;or g. The Contactor has failed to implement and maintain a Agency-approved client grievance resolution procedure. 2. If the Agency finds that any acts listed in Section I V.G.I.a.-g.above have occurred, in accordance with Section 430,04, 1'.S., the Agency may, in Its sole discretion, take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of the operation of'one or more contractual services, placement of the Contractor on probationary status, intpoSing a mnor[rtorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, P.S. -) 0 29 of 63 16 may 2021 -June 21122) ADI 203.2I 3. In making any determination under this provision,the Agency may rely upon(hidings of another state or federal agency,or other regulatory body.Any claims for damages for breach of eontracl are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Icon County, Florida. In the event the Agency Initiates action to rescind an AAA designation, the Agency shall follow the procedures set (brill in 'I2 U. S. C. § 3025(b). END DirAT7iICHAll N'1' { n ; 30 or 63 160 2 :July 2021 - June 2022) AD.1 203.21 A'I'T'ACIIIViENT II FINANCIAL AND COMPLIANCE AUI)I'l' • The administration of resources awarded by the Agency to the Contractor may be subject to audits and/or monitoring by the Agency, as described in this section. MONITORING in addition to reviews of audits conducted in accordance with 2 CFR Part 200 (formerly OMB Circular A-133 as revised), and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to,on-site visits by the Agency staff, limited scope audits and/or other procedures, By entering into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Agency to the Contractor regarding such audit, The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART I: FEDERALLY FUNDED This paint is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200, Subpart A. In the event that the Contactor expends$750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. In determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including federal resources received from the Agency. The determination of amounts of Federal awards expended should be in accordance with 2 CFR Part 200. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph I, the Contractor shall fulfill the requirements relative to auditec responsibilities as provided in 2 CFR § 200.S08. If the Contractor expends less than$750,000,00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expend:; less than $750,000,00 it federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions oft CFR Par( 200,the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Agency shall be based on the contract's requirements, including any rules, regulations, or statutes referenced in the contract. The Financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved.II 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 contraet with the Agency in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days rifler receipt of the audit report or 9 months aRer the end of the Contractor's fiscal year end. PART II: S'I'A'I'l4;FUNDED 3.1of63 d July 2021 -June 2022) All 203.21 This part is applicable if the Contractor is a non-slate entity as defined by Section 215.97(2), F.S. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of$750,000.00 in any fiscal year of'such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in acccn•dance 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 Attachmeot, Exhibit 2 indicates stale financial assistance awarded through the Agency by this contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of stale financial assistance, including state financial assistance received from the Agency,other slate agencies,and other non-slate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by anon- state entity for Federal program matching requirements. In connection with the audit requirements addressed in fart II, paragraph 1, (he Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and tor-profit organizations), Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, I .S., the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Contractor resources obtained li'om other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Agency shall be based on the contract's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. 11'not otherwise disclosed as required by Rule 691- 5.003, F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Agency in effect during the audit period. For local governmental entities, financial reporting packages required under this part must be submitted within'IS clays after delivery of the audit report, but no Inter than 12 months after (he Contractor's fiscal year end. For non-profit or for-profit organizations, financial reporting packages required under this put must be submitted within 45 days after delivery of the audit report, but no Inter Itoni 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation()monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted,when required by 2 CFR §200.512 by or on behalf of the Contractor directly to each of the following: Federal Audit Clearinghouse Bureau of the Census 1201 East l0'r'Street Jeffersonville, IN 47132 Pursuant to 2 CFR § 200.512, all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contactor shall submit a copy of any management letter issued by the auditor directly to the Agency. C 32 of 63 16a 2 July 2021 -June 2022) ADI 203.21 Area Agency OH Aging for SonIInvesi Florida, Inc, Richard Coedited,Director of Finance 2830 Winkler Ave,Suite 112 Fort Myers, FL 33916 {F Additionally, copies of financial reporting packages required by this contract's Financial Compliance Awlit Attachment, Part II,shall be submitted by or on behalf of the Contractor Grew*to each of the following: The Agency at the following address: Area Agency on Aging for Southwest Florida,Inc. Richard Cocehieri,Director of Finance 2830 Winkler Ave,Suite 112 Fort Myers, FL 33916 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building,Room 574 111 West Madison Street • Tallahassee,Florida 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 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 financial reporting packages to the Agency for audits done in accordance with 2 CFR Part 200 or Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. I'AWI'IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six(6)years from the date the audit report is issued,and shall allow the Agency or its designee,the CFO,or Auditor General access to such records upon request.The Contractor shall ensure that audit working papers tu'e made available to the Agency or its designee, CFO, or Auditor General upon request for a period of six(6)years from the date the audit report is issued, unless extended in writing by the Agency. 33 of 63 t60 2 ;July 2021 -June 2022) AD1 203,21 A'I"I'ACIIMENT II-EX II31 1' 1 PART 1: AUDIT RELATiONSIIJP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215.97, F.S.Contractors who are determined to be recipients or sub-recipients of federal awards and/or state financial assistance may be subject to the audit requirements lithe audit threshold requirements set forth in Part and/or Part II of Exhibit I are met. Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR §200.38 and/or Section 215.97, F.S. Regardless of whether the audit requirements are met, Contractors who have been determined to be recipients or sub-recipients of Federal awards and/or slate financial assistance must comply with applicable programmatic and fiscal compliance requirements. in accordance with 2 CFR fart 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. _Recipient/sub-recipient subject to 2 CFR§§200.86 and 200.93 and/or Section 215.97,F.S. ___-Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of slate (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: if a Contractor is determined to be a recipient/sub-recipient of federal and/or stale financial assistance,and has been approved by the Agency to subcontract, they must comply with Section 215,97(7), 1'.S., and Rule 691-5.006, F.A.C. [state financial assistance] and/or 2 CFR § 200.330 [federal awards]. PART II: hISCAI,COMPLIANCE REQUIREMENT'S FEDERAL AWARDS OR STATE MATCEIING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are deteumined to be a sub- recipient must comply with the following fiscal laws, rules, and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR§200.416-§200.417--Special Considerations for Slates, local Governments, and Indian Tribes* • 2 CFR §200.201 •Administrative Requirements** 2 CFR §200 Subpart I'-- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR §200.400- §200,4I 1 —Cost Principles* 2 CFR§200.100—Administrative Requirements 2 CFR § 200 Subpart t'—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations EDUCATIONAL INSTITUTIONS(EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR § 200.418--§200,419 Special Considerations for Institutions of Higher Education* 2 CFR §200.I00--Administrative Requirements 2 CFR§200 Subpart I'--Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules, and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in 2 CFR §200.400(5)(c). 0 34 of 63 r} I 6 2 :July 2021 -June 2022) A1)t 203.21 "For funding passed through U.S. Health and I luman Services, 45 CPR Part 75; for funding passel through U.S. Department of Education, 34 CPR Part 80. STA'I'1,hINANCIAL ASSISTANCE. Contractors who receive state financial assistance and who are determined to be a recipient/sub-recipient must comply with the following fiscal laws, rules,and regulations: Sections 215.97&215.971, P.S. Chapter 691-5,P.A.C. Stale Projects Compliance Supplement Reference Guide for State tiapcnditures Other fiscal requirements set forth in program laws, rules, and regulations { { 35 of 63 16 :July 2021 -June 2022) ADI 203.21 ATTACHMENT II-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 included In Attachment 11, Exhibit 1, be provided to the recipient. Information contained herein is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: • GRANT AWARD(FAIN#): FEDERAL AWARD DATE: DUNS NUMBER: • PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD • COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO TI•I IS CONTRACT ARE AS FOLLOWS: • FEDERAL FUNDS: 2 CFR Part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. OMB Circular A-133—Audits of States, Local Governments,and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97,ES. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Alzheimer's Disease Initiative General Revenue 65.004 $504,968.54 • TOTAL AWARD $504,968.54 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Sections 215.97&215.971,F.S.,Chapter 691-5,F.A.C.,Slate Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules,and regulations 7 O 36 of 63 16II 2 :July 2(121 -June 2022) AI)1203,21 A7"fACIiMENT iII CERTIFICATIONS AND ASSURANCES AGENCY will not award this contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. Inperl'ormance of this contract, Contractor provides the following certifications and assurances: A, i)ebarnment and Suspension Certification (29 CFR Part 95 and 45(:D'R Yawl 75) B. Certification Regarding Lobbying(29 CFR Purl 93 nod 45 CFR Part 93) C. Nondiscrimination & Equal Opportunity Assurance(29 CFR 1'ntrt 37 and'iS CFR Part 80) D. Certification Regarding Yublic Entity Crimes,section 287.133,V.S. E. Association of Community Organisations for Reform Now (ACORN) Funding Restrictions Assurance (Pub. L. 111-117) F. Scrutinized Companies Lists rind No Boycott of Israel Certifienlion section 287.135,h'.S. G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Gi'fllits, Loans, and Cooperative Agreements II. Verification of EoaploymenI Status Certification I. Records and Documentation .T. Certification Regarding Inspection of Public Records A, CLRTIFICATION REGARDING DEBARMENT, SUSPENSION, AND O'I'IIER RESPONSIBILITY MAT 1'ERS—PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies, to the best ails knowledge and belief', that it and its principals: 1. Arc not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal, State, or local) transaction or contract Under a public transaction; violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, faisitication 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 ol'any of the offenses enumerated in paragraph A.2, of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, Stale,or local)terminated for cause of default. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this certification accordingly. B. CEIt'1'IFiCATION REGARDING LOBBYING-- CERTIFICATION FOR CONTRACTS, GRANTS,LOANS, AND COOPERATIVE AGREEMENTS. The undersigned Contractor certifies, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or attempting to influence an officer or employee of Congress or an employee of a Member of Congress in comwction with the awarding of any Federal contract,the making of any Federal grant, the making of any federal loan, �C 37 of 63 160 2 July 2021 -June 2022) AI)i 203,21 the entering into o] arty cooperative agreement, and the extension, continuation, renewal, amendment, of modification ()limy Federal contract,grant, twit, of cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all Ilets (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 pfcrcquisilc 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 titan$100,000 for each such failure. C. NON-DISCRIMINATION Sc EQUAL OPPORTUNITY ASSURANCE(29 CFR PART 37 AND 45 CFR PART 80). -As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: I, Section 188 of the Workforce Investment Act of' 1998 (WIA), (Pub. 1,. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion,sex, national origin, age, disability, political affiliation,or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA 'Title f-financially assisted program or activity, 2, Title VI of the Civil Rights Act of 1964 (Pub. L.88-352),as amended,and alt requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race,color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance front the Agency. 3, Section 504 of the Rehabilitation Act of 1973 (Pub. L, 93-1 12), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 84), to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in the United Slates shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. 4. The Age Discrimination Act of 1975 (Pub. I,. 94-I35),as amended,and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded front participation in, or be subjected to discrimination under any program or activity for which the Applicant receives federal financial assistance front the Department. 5, Title IX of the[education Amendments of 1972 (Pub. l,.92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of I lcalth and Human Services(45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the (Jnited States shall, on the basis of sex,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance front the Department. 6, The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices including job application procedures,hiring, tiring,advancement,compensation, training,and other terms, conditions,and privileges of employment. It applies to recruitment,advertising,tenure,layoff,leave,fringe benefits, and all other employment-related activities. 7. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WlA 'Titre I — financially assisted program or activity,and to all contracts Contractor slakes to carry out the WIA'Title I —financially assisted program or activity. G 38 of 63 16 0 :July 2021 -June 2022) AIM 203.21 Contractor understands that DOI?A and the United States have the right to seek judicial enforcement of the nSSttrance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this assurance accordingly. 1). CERTIFICATION REGARDING PUBLIC EN'I'ITY CRIMES,SECTION 287.133,F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Co itractor,has been convicted an Public Entity Crime as defined in section 287.133, P.S.,nor place({on the convicted vendor list. Contractor understands and agrees that it is required to inform AGENCY immediately upon any change of circumstances regarding this status. 1. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of'the Contract,Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act,2010, Division I.:,Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. 1.. I I1-242), provides that appropriations made under Pub. L. III-1 I7 arc available under the conditions provided by Pub. L. I i I-1 I7. 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 uncle''grants, loans and cooperative agreements)and that all sub- recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT Oh'ISRAEL CERTIFICATION,,SECTION 287.135,F.S. In accordance with section 287.135, N.S., Contractor hereby certifies that it has not been placed on the Scrutinized Companies that Boycott Israel List and that it is not engaged in a boycott of Israel. If this contract is in the amount of$1 million or more, in accordance with the requirements of section 287.135, Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it is not engaged in business operations in Cuba or Syria. Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may result in the Agency terminating this contract and the submission of a false certification may subject Contractor to civil penalties and attorney fees and costs, including any costs for investigations that led to the finding of false certification. If Contractor is unable to certify any of the statements in this certification, Contractor shall attach an explanation to this contract. (.:. CERTIFICATION REGARDING DATA IN'I'EGRI'1'Y COMPLIANCE FOR CONTRACTS, AGREEMENTS, GRANTS, LOANS,AND COOPERATIVE AGREEMENTS 1. The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information, including:(I)accurate, current,and complete(IiSCIOSUre of the f-rnancialresults of each grant-funded project or program in accordance with the prescribed reporting requirements;(2)the source and application of funds for all contract supported activities; and(3)the comparison of outlays with budgeted amounts for each award.The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 2. Management InfOrmation Systems used by the Contractor, Subcontractors, or any outside entity on which the Contractor is dependent for data that is to he reported,transmitted, or calculated have been assessed and verified ri • yG 39 of 63 i6 0a July 2021 -June 2022) AI)1203.21 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 data integrity. 3. If this contract includes the provision of hardware,software, firmware, microcode,or imbedded chip technology, the undersigned warrants that these products are Capable of processing year-date dependent data accurately. All versions of these products offered by the Contractor(represented by the undersigned)and purchased by the state will be verified for accuracy and integrity of data prior to transfer. Q, In the event of any decrease in functionality related to time and dale related codes and Internal subroutines that impede the hardware or software programs front 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 stale, 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 pl'oeedtlres include a disaster plan to provide for service delivery to continue in ease of nil emergency, including emergencies arising from data integrity compliance issues. IL VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Agency, Contactor certifies the use of the U.S. Department of tlonleland Security's R-verify system to verify the employment eligibility of all new employees hired by Contractor 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 utilize the ti-verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all sub-agreements,sub-grants, and other agreements/contracts and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this contract was made or entered into. Submission of this certification is a prerequisite for slaking or entering into this contract imposed by Circulars A-102 and 2 CFR Part 200 and 215 (formerly OMB Circular A-110). 1. RECORDS AND DOCUMENTATION The Contractor agrees to make available to Agency staff and/or any party designated by the Agency any ondall contract related records and doeunleatation.The Contractor shall ensure the collection and Maintenance of all program related information and documentation on any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. .1. CEIY1'IFICATION REGARDING INSPECTION OF PUBLIC RECORDS 1, In addition to the requirements of Section 10 of the Standard Contract,sections 119.0701(3)and(4)P.S., and any other applicable law, if a civil action is commenced as contemplated by section 11907010), F.S.,and the Agency is named in the civil action,Contractor agrees to indemnify and hold harmless the Agency for any costs incurred by the Agency and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119, P.S., concerning this contract or services performed thereunder. a. Notwithstanding section l 19.0701, P.S., or other Florida law, this section is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in section 768.28(2), F.S. 2. Section 119.01(3), P.S.; states if public funds arc expended by an agency in payment of dues or membership contributions for any person,corporation, foundation, trust,association, group,or other organization,all the financial, business, and membership records of such an entity which pertain to the public agency (Florida Department of Elder Affairs)arc public records. Section 119.07,F.S,states that every person who has custody of such a public record shall permit the record to be inspected and copied by any person desiring to do so,under reasonable circumstances. 40 of 63 16 a ;July 2021 -,June 2022) AIM 203,21 Additionally,I certify this organization does__ a does not. _provide for institutional memberships. Contractor's signature below attests that records pertaining to the dues or application bythe Agency areavaitable b I ' f, membership { I b Y ' for inspection if applicable, as stated above. fly execution of this contract, Contractor must include these provisions (A-.t) in all related subcontract agreements (if applicable). By signing below, Contractor certifies that the representations outlined in parts A through.' above arc true and correct. 3339 Tamiami Trail E Suite 211 Signature and Title of (I riiet rifientative Street Address aniel 1t Rodrigu Collier County Board of Cornruissioners__ ._ . Naples, PL 34112 Contractor 08/ 6l2021 Date City,Slate,Zip code tI Approved as to form and legality Ass nut County Attu n � 9 ' G ' 41 of63 16 July 2021 -June 2022) AIM 203.2I ATTACHMENT IV • ASSURANCES—NONCONS'I'RUC'I'ION PROGRAMS Public reporting burden for this collection of information is estimated to average forty-five (415) minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget. Paperwork Reduction Project(0348-0043), Washington, DC 20503. PLEASE DO NO'f'RETURN YOUR COMPLETED FORM TO TIIE OFFICE OF MANAGEMENT AND BUDGET,SEND 1'I"CO TILE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be ;applicable to your project or program. If you have questions please contact the awarding;agency. Further,certain federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. . tias the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2, Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, Or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives, 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes,or presents the appearance of, personal or organizational conflict of interest or personal gain, 4. Will initiate and complete the work Within the applicable time frame after receipt of'approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ (1728-4763) relating to prescribed standards for merit systems For programs funded under one of the 19 statutes or regulations specified in Appendix A of OI'M's,Standards for a Merit System ol'Personnel Administration(5 C.F.R. 900, Subpart 17). 6. Will comply with all federal statutes relating to nondiscrimination.These include but arc 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 fiducation Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6 107), which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L.92-255), as amended, relating to nondiscrimination on the basis of drug abuse;(I)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 in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statutes) which may apply to the.application, 7. Will comply, or has already complied, with the requirements of Titles II and 111 of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of petitions displaced or whose property is acquired as a result of federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 42 of 63 160 2 July 2021 -Juno 2022) Al)!2113.21 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 9. Will comply,as applicable, with the provisions of the Davis-13acon 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 IO2(a) of the blood 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. {i II. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to 130 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (c) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7(101 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(Ir) 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 el seq.)related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-I el seq.). 14. Will comply with l'.L.93-348 regarding the protection of human subjects involved in research,development,and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.I,. 89-544, as amended, 'I U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the 1,ead-13ased Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CUR Part 200, 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing t his progra m. SIGNATURE OF AUTHOR IZi, Cgiell EYING O-,I ' r47 TITLE Daniel R Rodri ue P � �� Public Service Department Head APPLICANT ORGANIZATION DATE SUBMITTED V2021 Collier County Board of Commissioners 08/1 Approved as to form and legality h Assists County AB me 4:� 01'63 i6U 2 :,lull'2021-June 2022) AIM 203,21 ATTACHMENT V FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CIIECKLTST Program/Facility Name County AAA/Contractor Address Completed I3y City,State,Zip Code Date 'telephone PART I: READ TIIE ATTACEIF,D INSTRUCTIONS FOR II 1,USTRATIVF,INFORMATION WHICH WILL,HELP YOU COM1'I,E IT'Hi IS FORM. I. Briefly describe the geographic area served by the program/facility and the type of service provided: j for questions 2-5 please indicate the following: Total i/ \Vhitc Black Hispanic Other Female Disabled Over 40 2, Population of area served Source of data: 13. Staff currently employed Effective date: 4.Clients currently enrolled/rcglstcred Effective date: S. Advisory/Governing Board if applicable PART 11: USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. IF N/A or NO,EXPLAIN, 6. is an Assurance of Compliance on Zile with L)OEA? N/A YES NO ❑ ❑ ❑ 7. Compare the staff composition to the population. Is staff representative of the population? N/A 'YES NO ❑ ❑ ❑ i 8. Are eligibility requirements for services applied to clients and applicants without regard to race,color,national / YES❑ Na origin,sex,age,religion,or disability? LI 9. Are all benefits,services and facilities available to applicants and participants in an equally effective manner N/A YES NO regardless of race, sex,color,age,national origin,religion,or disability? ❑ i ❑ ❑ i I0. For in-patient services,are room assignments mode without regard to race,color,national origin or disability? N/A YES NO ❑ ❑ ❑ I+I of 63 1 i I July 2021 -June 2022) Al)! 203.21 I t. Is the progrmn?hlellily accessible to non-English speaking clients? NIA YES NO ❑ ❑ ❑ 12.Are employees, applicants and participants informed of their protection against discrimination? If YES,how? N/A YES NO Verbal❑Written Li foster❑ ❑ 0 L� 13,Give the number and current status of any discrimination complaints regarding services of employment tiled N/A NUMBER against the program?f cility. ❑ {� H. Is the program/facility physically accessible to mobility, hearing,and sight-impaired individuals? N/A YES NO n ❑ ❑ PART Ill:TILE FOLLOWING QUESTIONS APPLY TO PROGRAMS ANI) FACILITIES WITII 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 V ES NO necessary modifications? ❑ f u 16. Is there an established grievance procedure.that incorporates(Inc process in the resolution of complaints? YES NO ❑ ❑ 17. Has a person been designated to coordinate Section 504 compliance activities? YES NO ❑ n 18.1)o recruitment and notification materials advise applicants,employees, and participants of nondiscrimination on YES NO the basis of disability? [� { © i 19.Are auxiliary aids available to ensure accessibility of services to hearing and sight-impaired individuals? YES NO ❑ ❑ CJ 45 of 63 160 2 • ;Iu1a' 1'Ml't'MlifeY)It21'ROGRAMSOR fACII,IT1ES1YITII SO OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF1U1203.21 $50,000,00 OR MORE, 20. Do you have a written affirmative action plan? I fNO,explain. 'YES NO ❑ ❑ • DOfA USE,ONLY Reviewed by _ _ _ In Compliance: YES NO* ❑ Program Office *Notice of Corrective Action Sent / / Date 1 Telephone Response Due / / On-She ❑ Desk Review ❑ Response Received__ I . • • • • • 46 of 63 160 2 July 2021 -June 2022) All, 203.21 AT I'ACl I M ENT V INSTRUCTIONS FOR'1'IIh;CIVIL RIGHTS COMPLIANCE CHECKLIST I. Describe the geographic service area such as a district, county, city, or other locality. if'the program/facility serves a specific target population such as adolescents,describe the target population. Also, define the type of service provided. 2. Enter the percent of the population served by race,sex,disability,and over the age of 40. The population served includes persons in the geographical area for which services arc provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and Antcrican Indian/Alaskan Natives.) 3, Enter the total number of full-time staff and their percent by race, sex, disability, and over the age of 40. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled,registered or currently served by the program or facility,and list their percent by race,sex,disability, and over the age of 40. Include the date that enrollment was counted, a. Where there is a significant variation between the race,sex, or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and lake whatever action may be necessary to correct any discrimination. Some legitimate (Iispauities 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, disability, and over the age of 40, if there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CPR Part 80. 'I'his 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 ofthe general population?For example, if 10%of the population is Hispanic, is there a comparable percentage of hispanic staff? • 8. Do eligibility requirements unlawfully exclude persons in 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 must be provided services such as medical, nursing, and dental care, laboratory services,physical and recreational therapies, counseling, and social services without regard to race, sex, color, nattomit 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. l otra+ices, waiting rooms, reception areas,restrooms, and other facilities must also be equally available to all clients. 'IS 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.A lso,residents must not be asked whether they are willing to share accommodations with persons ofa different race, color, national origin, or disability. 45 CFR § 80.3(a). 11, The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English, in geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service,such as a Curren( list of names and telephone numbers of bilingual individuals who will assist in the provision of services. 45 CPR § 80.3(a). 12. Programs/facilities must make information regarding the nondiscriminatory provisions of'Title VI available to their participants, beneficiaries, or any other interested parties. 45 CFR § 80.60). This should include information on their right to file a complaint of discrimination lvith either the Agency or the U.S. Department of Health and Human Services. The information may be supplied verbally or in writing to every individual or may be supplied through the useof an equal opportunity policy poster displayed in a public area of the facility. 13. Report number of'discrimination complaints filed against the program/facility. Indicate the basis(e.g. race, color,creed, sex,age,national origin,disability, and/or retaliation)and the issues involved(e.g. services or employment, placement, 47 of63 160 2 • July 2021 -June 2022) AD1203,2II termination, etc.), indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state, or federal agency with whom the complaint has been filed. Indicate the current status of the complaint (e.g. settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc.), 14, The program/facility must be physically accessible to mobility, hearing, and sight-impaired individuals. Physical accessibility includes designated parking areas,curb cuts or level approaches, ramps,and adequate widths to entrances. 'l'hc lobby, public telephone, restroom facilities, water fountains, and information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, rest rooms, recreation areas,counters,and serving lines should be observed f t'accessibility. Elevators should be observed for door width and Braille or raised numbers. Switcltes and controls for light, heal, ventilation, lire alarms, and other essentials should be Installed at an appropriate height for mobility impaired individuals. IS, Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self- evaluation to identify any accessibility barriers. Self-evaluation is a four-step process: a. Evaluate, with the assistance of disabled 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. "fake remedial steps to eliminate the effects of any discrimination that resulted front adherence to these policies and practices; and d. Maintain self-evaluation on tile, including a list of the interested persons consulted,a description of areas examined, and any problems 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 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, beneficiaries, applicants, and employees that the program/facility does not discriminate on the basis of handicap in violation of Section 504 and Part 84 of Title 45, CFR. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in publications of the programs or facilities, and distribution of memoranda or other written communications. 45 CFR § 84.8(a). 19. Programs or facilities that employ 15 or more persons shall provide appropriate auxiliary aids to t)Ct:4on5 Nvilh Illlpai1'C(I sensory, manual, or speaking skills where necessary to afford such persons an equal opportunity to benefit from the service in question. Auxiliary aids may include, but are not limited to, brained and taped 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 must develop, implement, and maintain a written affirmative action compliance program in accordance with Executive Order 1 1246, 41 CFR Part 60 and Title VI of the Civil Rights Act of 1964, as amended. 48 of 63 16 0 2 r-I I e) N ,--, 00 llllllllllllllllllll 0 A 2 P ;a fli 'U i 0( H — . — ... 0 o f•-• CU : 1 0 ck . .• . I 1 , • • 1 1 .. - ... . . . . . t .t. I j i l', , . • . . , . o , I . . . . . . • , . . ; . i 1 ,• ; • • . . . . • • . i . . (•:-.) . • . i 1 i 1-1 (.4;44: • f 1 a t Q: 4.4 • • I .. ... • '' : , . i .. . i: . . . • . 1 'Zi (1): i • . • I I. ! I A• 01; i ! tr, . I i , , • • • ' • ,..., t „ o -,4 0 ai '• ° ,z) B., ; 0\ 1 : • ; 1 -111 0 .0 E' 0 441 A .. . ' ; • 1 • . f-t U • 1 ' , 1 g • . 1, . I 4); 1 • • . 1 •E A".. (i).-,. , i i • . 1 . ' 1 i . 1 i I-' ! i . • , . . ___,.... . . ; , : ; ' . • 0 .... ' i '• . , , : 0 t.... . ,..; • • 1 , ; ; : I . , • i - . o : • , i : • 1 i ;44 ft • . . • I :,' . , . • . rn . I : ' I I • : , i . <1.) ‘. ' 1 I I : i ' • ! . ! i i ts.1.• 14.1- IA p E-1 <43 • 1 ' • ..-71 V .or . • I I F! , (.3 --. , , i 1 ' I • I ' • • Li E . ' i . 1 •••4 , CO I I I • I I ' 0 I I 1 I ! I ;•?!.. 0 ; . Q 04' ; : I ' I ' I is 0 •4) C4 ;?••••-0 , ,.. 1 , • •Vi to ° . . ;H 1:44 lt• . I : • i ; ; • , ; ; ;., U -4 «, I 1 ' . I i I ;1, • ), 4..) , ; I I 1 2 • • 1 I 1 . (...) .••-•-, I', I •• 1,,2 .. 1 I t'l e,9 ./.• ° .b R a • • 1 1 . cl o ; • I l' ' • • . a — , 0 I ic)'1.--.1e1 en:•crItnIkolt•-•• 00'0,1c... .-.-oi cn:vt HI!ko r-:oo c.... . ' ....4 .-.4 H.,I•—I •-.i r.I C.1 '—, I ' ! , I li'—':".'1.''':r.": 1 • !......_ est 12'. i= 1'1 C 0 .--) I 160 2 :July 2021 -June 2022) ADl 203,2I BACKGROUND SCREIt;NING Ron DeSantls c-?ariernor f)aparlwcni of ELDER AFFAIRS Richard Protium S'i,Vfi:otr rum/l)A Sri i/ary i1 IIACI(GR()UNUSCIi1,ENING Attestation of Compliance-Employer - i AUTHORITY:This form is required itnnunlly of all employers to comply with the attestation requirements set forth in section 435.05(3),Florida Statutes. i The terni"employer" means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, Lead Agencies, and Service Providers that contract directly or indirectly with the Department of Elder' Affairs(DOE A), mid any other person or entity which hires employees or has volunteers in service who meet the definition ofa direct service provider.See§§435.02,430,0402,Fla.Stat. A direct service provider is"a person 18 years ofage or older who,pursuant to a program to provide services to the elderly, has direct, fttce-to-fliec contact with a client while providing services to the client and has access to the client's living area, funds, personal properly, or personal identification information as defined in s, 817.568. The term includes coordinators, managers, and supervisors of residential facilities and volunteers."§430.0402(I)(b),Flit.Slat. ATTESTATION: As the duly authorized representative of Isn,ploper Name located at Street Address City Stare ZIP code I do hereby affirm under penally of Name of Representative pcijm'y that the above-named employer is in compliance with the provisions ofChapter 435 and section 430.0402,Florida Statutes,regarding level 2 background screening. ,Signature gfRepr'esenialit'e Date if J)0k t Form 235, iIlle.vialian of Compliance-Employer,!;(Jecliie Jamtary 19, 2021 Section I3.5.05(3), VS.Form available at: ,ll p;//elc(e,'q(c,it's.slate;n,us/e,tglish/backgrorurdtcrcenirt by {l 51) of63 16a 2 Jul) 2021 -June 2022) ADI 203,21 A'I"1'ACHMEN'!'VIII CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CMBE FORM) CMBE FORM HU.S'7'il CCOA'/'AN I'/NI'O/C;RS SUBMITTED TO DOEA CONTRACTOR NAME DOEA CONTRACT NUMBER: *REPORTING PERIOD-FROM: 'I'O: *(DAT1+,RANCE OF RENDERED SERVICES,MUST MA'I'CII INVOICE SUBMVIITTED TO DOEA) DOEA CONTRACT MANAGER REPORT ALL EXPENDITURES MADE TO CER'I'IFIFI) MINORITY BUSINESS(SUBCONTRACTORS). CONTACT DOEA CAII3ECOORDINATOR FOR ANY QUESTIONS,AI'850-4114-2153, SUBCONTRACTOR NAME SUBCONTRACTOR' CM13E EXPENDITURES S FEI D DOEA USE ONLY--REPORTING ENTITY(DIVISION,OFFICE, ETC) SENDINTEROFFICE MAIL TO:JUSTJN'1'AYLOR CMI3B COORDINATOR,CONTRACT AI)MINIS'i'RA'1'ION & PURCI IASINCI,'I'ALI,AI IASSEE, FLORIDA 32399- 7000. - _ 51o1'G3 160 2 July 2021 -June 2022) AI)I 203,21 If unsure if subcontractor is a certified minorlty_suhpiicr,click on the hyperlink below. Enter the value of the supplier,click "starch". Only Certified Minority Business Entities will be displayed, https://osd,dms.myfloridn.com/directories ]NS'I'1t UCTIONS (A) ENTER TI1B COMPANY NAME AS IT APPEARS ON YOUR DOEA CONTRACT. (B) ENTER THE DOEA CONTRACT NUMBER. (C) ENTER THE,SERVICE PERIOD MATCHING THE CURRENT INVOICE'S SERVICE PERIOD. (D) ENTER ALL CERTIFIED MINORITY BUSINESS EXPENDITURES FOR THE TIME PERIOD COVERED BY THE INVOICE: I. ENTER CERTIFIED MINORITY BUSINESS NAME. 2. ENTER THE CERTIFIED MINORITY BUSINESS FEID NUMBER. 3. ENTER THE CERTIFIED MINORITY BUSINESS CMBE NUMBER. 4. ENTER THE AMOUNT EXPENDED WITH THE CERTIFIED MINORITY BUSINESS FOR TIIETIME PERIOD COVERED BY THE INVOICE. (L') MBE FORM MUST ACCOMPANY INVOICE PACKAGE SUBMITTED TO DOHA FINANCIAL ADMINISTRATION FOR PROCESSING. (F) FINANCIAL ADMINISTRATION WILL FORWARD ALL COMPLETED CMRE FORMS TO CONTRACT ADMINISTRATION &Pl1RCI LASING OFFICE. { 0 52 or 63 16U 2 :July 21121 -.June 2022) AI)I 203.21 ATTACIIMENt' IX INVOICE REPORT SCIIED11I,E AL,ZHEIMER'S DISEASE INITIATIVE Report Number Based On Submit to State on'('his Date July Advance* July 1 2 August Advance* July 1 3 July Expenditure Report August IO 4 August Expenditure Report September 10 5 September Expenditure Report October 10 6 October Expenditure 1 eporl November 10 7 November Expenditure Report December 10 8 December ExpenditurN Report January 10 9 January Expenditure Report February 10 10 February Expenditure Report March 10 I I March Expenditure Report April 10 12 April Expenditure Report May 10 13 May Expenditure Rep art June 10 14 June Expenditure Report July 10 15 Final Request for Pay tent July 25 Legend: Advance based on projected cash need, Note!! I: Report fJ 1 for Advance I3asis Contracts cannot be submitted to the Agency prior to July I or until the contract with the Agency has been executed and a copy sent to DES. Actual submission of the vouchers to DFS is dependent on the accuracy of the expenditure report. Note fl 2: All advance payments made to the Contractor shall be returned to the Agency as follows: one—tenth of the advance payment received shall be reported as an advance recoupment on each request for payment,starting with report number five (5).The adjustment shall be recorded in Part C, Line I of the report(Attachment XI). Note II 3: Submission of expenditure reports may or may not generate a payment request. If a final expenditure report reflects funds due back to the Agency, payment is to accompany the report, a � 0 53 of 63 i6D 2 July 2021 -June 2022) AM 203,21 ATTACHMENT X ANNUAL BUDGET SUMMARY ALZHEIMER'S DISEASE INITIATIVE PROGRAM • for Collier County Board ofCounty Commissioners Collier '1'O'I'AL: $504,968.54 • g 54 of 63 169 2 July 2021 -June 2022) ADI 203.21 ATTACIIMEN'I'XI RI;QUES'1' FOR PAYMENT ALZHEIMERS 1)1SEASIt, INITIATIVE PROGRAM RF:CIPITNTNAI.1E,AOORESS,PiiONF0Arid FEII)U II'PEOFREPORT: Contract II _ Contract Period A.PAYMENT-REQUEST: Report Period_. Regular Raporlu { B.METHOD OF PAYMENT: Imrolcc 11 Advance Relnibursamonl^ PSA CERTIFICATION:I hereby certify to the bast o1myh oWedge that thls request's comptoloe idcoireclandconformsv.{dtttetamsandthepurposesofIhoabovecontras. Prepared by:, _Duta:__ Approvodby: 2 3 PARTA:BUDGET SUMMARY Rosplie Projods SpeciatacdDayCara TOTAL I.Appro wed ConyadAmount $0.00 $0.00 $0.00 $0.00 2.Provious Funds IteccNod for ContrnU Period S0.00 $0.00 $0.00 $0.00 3.Contract Balance Ono I minus ltno 2) $0.00 $0.00 $0.00 $0.00 4,Provtous Funds Requosted and Not Received few Contract Period $0.00 $0.00 $0.00 S0.00 S.Contract Bntance(lino 3 trims lino 4) $0.00 $0.00 $0.00 50.Oq PARTO: CON TRACT FUNDS REQUEST I.Anticpated Cash Neods(1st-2nd month,Mach Juschcation) $0.00 S0.00 $0.00 S0.00 2.Not Expondauros For Montt S0.00 $0.00 $0.00 $0.00 (OOITA Form 105Z Pail U,Urn 3) 3.TOTAL $0.00 $0.00 S0.00 $0.00 PAITIC:NET FUNDS REQUESTED I.Less AdvanceApp'Icd S0.00 SOME $0.00 $0.00 2.ConlruU Funds aro Hereby Requoslcd tor(Part El,lino 3 50.03 $000 $0.00 $0.00 mlnus Part C.line I) List of SenicestUrttis/l tale a provided•Sec attached repeat. 000A FORM t06Z lioittd e5ite 55 of 63 16 2 , • July 202I -June 2022) ADI 203,2I A'1"I'ACI I M ENT X I I RECEIPT ANI) EXPENDITURE REPORT AL'GIII,IIVIERS 1)ISEASI,INITIATIVE PROGRAM PROVIDER NAME,ADDRESS, PHONE II and FEID// CONTRACT /I ___ PROGRAM FUND!NG : CONTRACT PEROD RESPITE _ I REPORT PERIOD PROJECTS REPORT 11 SPECIALIZED DAY CARE INVDIGL-11 PSA CERTIFICATION : I certify to the best of my knowled g and belief that the report is complete an. correct and all outlays herein are for purposes set forth In the contract. Prepared by: _Dale: _- Approved by: _ Date: PART A: BUDGETED INCOME/RECEIPTS 1. Approved 2.Actual Receipts 3. Total Receipts 4.Percent of Budget For This Report Year to Date Approved Budget 1. Stale Funds $0.00 $0.00 $0.00 f/DIV/01 2. Program Income $0.00 $0,00 $0.00 fIDIV/01 3. Local Cash Match $0.00 $0.00 $0.00 f/DIV/01 4.SUBTOTAL: CASH RECEIPTS G. Local In-Kind Match 6. TOTAI. RECEIPTS $0.00 $0.00 $0.00 11DIV/01 PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4.Percent of Budget For This Report Year to Date Approved Budget 1.Administrative Services $0.00 $0.00 $0.00 IIDIV/01 2. Service Subcontractor(s) $0.00 $0.00 $0.00 IIDIV/01 3. TOTAL EXPENDITURES $0.00 $0.00 $0.00 IIDIV/01 PART C:OTHER REVENUE AND EXPENDITURES II. Interest ill.Advance Recouped I. Program Income (PI) 1. Earned on GR Advance $ 1.ADI: PI Collected YTD $ - 2. Return of GR Advance $ - s (Includes co-payments collected) 3. Other Earned S. PART 0:CO-PAYMENTS CURRENT MONTH YEAR-TO-DATE 1. Total of Co-payments assessed 2.Total of Co-payments collected (For Trucking Purposes only) 0 56 of 63 16 B 2 July 2021 -June 2022) ADJ 203.21 AT I'ACI IMI,N'I'XI I I ANNUAL MODEL DAY CARE CENTER TRAINING REPORT ALZHEIMER'S DISEASE INITIATIVE PROGRAM Model Day Care Center Name: • Print name of person completing report Signature of person completing report Date The purpose of the model day care program must be to provide service delivery to persons suffering from Alzheimer's disease or a related memory disorder and training for health care and social service personnel in the care of persons having Alzheimer's disease or related memory disorders. This report documents the required training for the State Viscid Year July 1st through June 30th. Actual'training(;vents Number I teallh 1 Number Social 'Total People I Caic Services Trained Professionals Personnel Trained 'Trained Training Title: Date: Training summary: i C 5'7 o t'63 16 a • ',lily 2021 -.tune 2(122) A1)I 203.21 A'I'TACIIMEN'1'XI\, COST REIMBURSEMENT SUMMARY Contract/I Report(Invoice)Number: Uudpot Number of Category Description units Service Onto Amount • kk et ( ( ( TOTAL ADMINISTRATION $O.00 _ ra TOTAL EXPENSES SOAK A 1 C = 58 of 63 16 luly 2021 -June 2022) A1)I 203,21 ATTACIINIEN'I'XV SERVICE RATE REPORT METHOD OF T'I' itLiA[liU)lSI,1191,N'I' N L UNI 1 1 YPI, SERVICE UNIT RATE PAYMENT CASE AIDE $33.83 Fixed Fee/Unit Rate I IOl1RS CASE MANAGEMENT $60.00 Fixed Pee/Unit Rate HOURS RESPITE IN-FACILITY $12.83 Fixed Fee/Unit Rate HOURS '• RESPITE IN-HOME $25.02 Fixed Pee l Unit Rate 1 iOURS ONE-WAY SHOPPING ASSISTANCE-COVID-19 $34.12 Fixed Pee/Unit Rate TRIP SPECIALIZED MEDICAL EQUIPMEN•I'SERVICES, Cost Reimbursement Ef ISOt7i?S AND SUPPLIES t TEI,EPI IONE REASSURANCE-C:OVI D-19 $13.40 Fixed Fee/Unit Rate EPISODES TRANSPORTATION Cost Reimbursement ONE-WAY TRIP 59 of 63 July 2021 -,rune 2022) ADI 203.21 ATTACIIPdENT XVI DEPARTMENT OF E1.,1)ER AFFAIRS SILVER ALERT PROTOCOLS I, Designated Memory Disorder Clinic(MDC)staffsha!!subscribe to the Department of hider Affairs Silver Alert f.istscry by entering their email address at http://lists,eldcraffairs.org/listnutnager/listintit/silveralert. By subscribing loreceive Silver Alert notifications, MDCs are automatically notified via email whenever a Silver Alert is issued. 2. When notification of a Silver Alert is received by the MDC,each Clinic Coordinator or designee reviews the information to determine: a) The county the endangered person is missing from, and b) 'fhc law enforcement agency that is reporting the Silver Alert. (The MDC that provides services in the county of the reporting law enforcement agency is responsible for following up on all Silver Alerts in that county.) 3. The MDC or designee contacts the reporting law enforcement agency to obtain the caregiver/contact person's name, phone number and address to enable the MDC coordinator or designee to follow up and assist the family with information and resources. The MDC Coordinator or designee completes the upper portion of the referral form (Attachment XVII) including the caregiver/contact person information, if it is determined that the endangered person resides in another county, then the MDC coordinator or designee will contact the MDC serving the county of residence and send the referral form within one to three(1-3) business clays. 4. The MDC Coordinator or designee in the county of residence will contact the caregiver/contact person iu at timely manner [upon receipt of contact information from law enforcement or within three(3) business days.]This activity is reported under number 6,"phone information/support/counseling," on the MDC Quarterly Report form(Attachment IX). (Note: if the endangered person has been recovered at the time of this contact, the MDC Coordinator will proceed with steps I and 2 as indicated below under"Upon Recovery of Endangered Person,") Upon Recovery of'endangered Person The MDC shall contact the caregiver/contact person: MDC;Coordinator or designee shall assess the situation and provide Alzheimer's disease/dementia information and referrals as needed. The MDC Coordinator or designee shall offer to make a referral to the Aging and Disability Resource Center(ADRC). 2. If the caregiver/contact person consents to the ADRC referral, then the N'DC Coordinator or designee shall send the Silver Alert Services Referral Form (Attachment XVII) to the A DRC serving the county of residence and inform the caregiver/contact person that a representative from the ADRC will contact them. This activity shall be reported under number 4,"Referrals,"on the MDC Quarterly Report form(Attachment IX), lithe MDC makes a referral to the ADRC: ADRC initiates contact with the caregiver. 2. ADRC provides information regarding community resources and makes referrals us appropriate for caregiver and endangered person.The ADRC may also, screen the endangered person for services. 3. Within fourteen(14)business days, the ADRC completes the Silver Alert Services Referral Form and sends a copy back to the MDC noting all services and referrals provided and/or arranged. C 4. The MDC retains the Silver Alert Services Referral Form, 60 ot'63 16 ..0 2 July 2021 -June 2022) AM 203.21 Compilation ofllata Each MDC will track Silver Alerts in the designated service areas to ensure that follow-up has been completed and disposition noted after the endangered person is returned home. A copy ofSilvcr Alert Referral Form, regardless ofoufcome,shall be entailed to (he DOEA Contract Manager at niclnorydisorderelinicAelderaffatrs.org (') C�• 61 ol'63 16 0 July 2021 -June 2022) A1)I 203.21 ATTACHMENT XVII DEPARTMENT Ole Eli)ER AFFAIRS AGING AND DISAI3JLITY RESOURCE CENTER(ADRC)SILVER ALERT SERVICES REFERRAL t'ORM Date of Referral Received: Referring MDC: MDC Contact Name: MDC Phone: A DRC: ADRC Contact Person: ADRC Phone: County: Notes/Comment: Endangered Person Name: Address: City: State: Zip Code: Age: DOB: Lives with Caregiver: Lives Alone: Yes/No Yes/No Caregiver Name: Relationship: Phone: Alternate Phone: Services/Referrals Provided by ADRC: — — — Notes!Comments: C 62of6'3 16D 2 ;July 2021 -June 2022) AI)1 203.21 1,ADRC initiates contact with the caregiver. 2. ADRC provides information regarding community resources and makes referrals as appropriate for caregiver and endangered person, The A t)RC may also screen the endangered person fbr services. 3. Within fourteen (1d) business days, the ADRC completes the ADRC Silver Alert Services Referral Form and sends a copy back to the MDC noting all services and referrals provided and/or arranged, 'I.'I'he MDC retains the Silver Alert Services Referral Form. Coin pub]tion of Data Hach Ml)C will track Silver Alerts in the designated service areas to ensure Ihal foilo\-ai) has been completed and disposition noted after the endangered person is returned home. No modifications are to be made to this form unless authorized by DORA, 63 of 63 16D Z Revised August 2007 Attestation Statement Agreement/Contract Number ADI 203.21 Amendment Number, I, Daniel It Rodriguez ,attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and Collier County f3oard of County Commissioners (Recipient/Contractor name) The only exception to this statement would be for changes in page formatting,due to the differences in electronic data processing media,which has no affect on the agreement/contract content. 08/ 1 /2021 Signature of ecipient/ !cscittativc Date Approved as to form and legality Assistant County Attt0 Revised August 2007 • C') C 160 2 (July 2021 June 2022) AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,INC, CCE 203.21 COMMUNITY CARE FOR THE ELDERLY COLLIER COUNTY BOAR!)OF COUNTY COMMISSIONERS THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida,Inc.,(Agency)and Collier County Board of County Commissioners (Contractor), collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor,Subgrantee or Subrecipient. WITNESSETT-I THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor of the Agency. NOW THEREFORE, in consideration of the services to be performed and payments to be made,together with the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Purpose of Contract: The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments,forms,and exhibits which constitute the contract document. 2. Incorporation of Documents within the Contract: The contract will incorporate attachments, proposal(s),state plan(s),giant agreements,relevant Agency handbooks, manuals and/or desk books,as an integral part of the contract,except to the extent that the contract explicitly provides to the contrary.In the event of conflict in language among any of the documents referenced above,the specific provisions and requirements of the contract document(s) shag 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 party required to sign it, whichever is later, It shall end at eleven fifty-nine(11:59) P.M., Eastern Standard Time June 30,2022. 4, Contract Amount: The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed$1,000,993.48 subject to the availability of funds.Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract, 5. Renewals: By mutual agreement of the Parties, in accords i:ce with Section 287.058(l)(g), Florida Statutes(F.S.), the Agency may renew the contract for a period not to exceed three years,or the term of the original contract,whichever is longer.The renewal price,or method for determining a renewal price,is set forth in the bid,proposal,or reply. No other costs for the renewal may be charged.Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of funds. 6, Compliance with Federal Law; 6.1 If this contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations(CFR)Part 75 and/or 45 CFR Part 92, 2 CFR Part 200,and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act as amended(42 United States Code (U.S.C,) § 7401, et seq.), Section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C, § 1251, et seq.), Executive Order 11738, as amended, and, where applicable, Environmental Protection Agency regulations 2 CFR Part 1500, The Contractor shall report any violations of the above to the Agency. 6.1.3 Neither the Contractor urn 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 must complete all disclosure forms as required, specifically the Page 1 of 56 160 (July 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 11 to 2 CFR Part 200, the Contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulations 41 CFR Part 60 and in Department of Health and Human Services regulations 45 CFt 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 Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor shall comply with these provisions before doing business r.•entering into subcontracts receiving federal funds pursuant to this contract, The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execution of this contract. 6.2 The Contractor shall not employ an unauthorized alien. The Agency will consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. § 1324a)and the Immigration Reform and Control Act of 1986(8 U,S.C. § 1101), Such violation will be cause for unilateral cancellation of this contract by the Agency. 6,3 Tithe Contractor is a non-profit provider and is subject to Internal Revenue Service(IRS)tax exempt organization reporting requirements (filing a Form 990 or Form 990-N),and has its tax exempt status revoked for failing to comply with the filing requirements of the Pension Protection Act of 2006 or for any other reason,the Contractor must notify the Agency in writing withinthirty(30)days of receiving the IRS notice of revocation, 6.4 The Contractor shall comply with Title 2 CFR Part 175 riding Trafficking in Persons, 6,5 Unless exempt under 2 CFR § 170.110(b),the Contractor shall comply with the reporting requirements of the Transparency Act as expressed In 2 CFR Part 170, 6,6 To comply with Presidential Executive Order 12989, as amended,and State of Florida Executive Order Number 1 1-1 16, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Contractor during the contract term. Contractor shall inolude In related subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state contract utilize the E-verify system to verify employment of all new employees hired by the Subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7, Compliance State Law: 7.1 This contract is executed and entered into in the State of Florida,and shall be construed,performed,and enforced in all respects in accordance with Florida law,including Florida provisions for conflict of laws. 7,2 if this contract contains state financial assistance funds, the Contractor shall comply with Section 215,97, F.S., and Section 215,971,F.S., and expenditures must be in compliance with laws, rules,and regulations including, but not limited to, the Reference Guide for State Expenditures. 7.3 The Contractor shall comply with the requirements of Section 287.058,F.S.,as amended, 7.3.1 The Contractor shall perform all tasks contained in Attachment I. 7,3,2 The Contractor shall provide units of deliverables, including reports,findings,and drafts,as specified in Attachment I,to be received and accepted by the Agency Contract Manager prior to payment, 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment I,Section III. Method of Payment. 7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 4a Page 2 of 56 16U a (July 2021 June 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 in Section 119.011(12),F.S., made or received by the Contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision will constitute an immediate breach of contract for which the Agency may unilaterally terminate this contract, 7.4 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427,F,S.,and Rule Chapter 41-2,Florida Administrative Code(F.A.C), 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134,F.S. 7.6 The Contractor shall comply with the provisions of Section 1I.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. Background Screening: The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons who meet the definition of a direct service provider and who are not exempt from the Department's level 2 backg::;und screening pursuant to Sections 430,0402(2)-(3),F.S. The Contractor must als , 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,T.S. To demonstrate compliance withthis provision, Contractor shall submit the Background Screening Affidavit of Compliance(Screening Form) to the Agency within thirty (30) days of execution of this contract, Should the Agency have a completed Screening Form onfile for the Contractor,a new Screening Form will be required every twelve(12)months, 8.1 Further information concerning the procedures for background screening may be found at littp://elderaffeirs.state.11.us/doea/backgroundsereen ing.php. 9. Grievance Procedures: The Contractor shall develop, implement,and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(s) and to address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor's determination(s). 10. Public Records and Retention: 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119,F.S., and any other applicable law,and shall: 10.1.1 Keep and maintain public records required by the Agency to perform the contracted services. 10.1.2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S,,or as otherwise provided by law, 10.1,3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Agency. 10,1.4 Upon completion of the contract,the Contractor will either transfer, at no cost to the Agency, all public records hi possession of the Contractor to the Agency or will keep and maintain public records required by the Agency.If the Contractor transfers all public records to the Agency upon completion of the contract,Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, Page 3 of 56 �. L) 16E (July 2021-,Tune 2022) CCE 203,21 from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the contractor shall meet ail applicable requirements for retaining public records. All records stored electronically must be provided to the Agency in a format that is compatible with the information technology: ,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 contract by not allowing public access to all documents, papers, letters,or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1),F.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING 'nib; APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida,Inc. 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 shall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 11. Audits, I snections, Investigations: 11.1 The Contractor shall establish and maintain books,records,and documents(including electronic storage media) sufficient to reflect all assets, obligations, unobligated balances, income, interest, and expenditures of funds provided by the Agency under this contract. Contractor shall adequately safeguard all such assets and ensure that they are used solely for the purposes authorized under this contract, Whenever appropriate, financial Information should be related to performance and unit cost data. 11.2 The Contractor shall retain and maintain all client records, financial records,supporting documents, statistical records, and any other documents (including electronic storage media)pertinent to this contract for a period of six(6)years after completion of the contract,or longer when required by law. In the event an audit is required by this contract,records shall be retained for a minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract,at no additional cost to the Agency. 11,3 Upon demand, at no additional cost to the Agency,the Contractor shall facilitate the duplication and tramfea of any records or documents during the required retention period. 11.4 The Contractor shall ensure that the records described in this section will be subject at all reasonable times to inspection,review,copying,or audit by federal,state,or other personnel duly authorized by the Agency. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Agency and federal auditors,pursuant to 45 CFR Part 75,shall be allowed full access to and the right to examine any of the Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11,6 The Contractor shall provide a Financial and Compliance Audit to the Agency as specified in this contract and ensure that all related third-party transactions are disclosed to the auditor, 11.7 Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or hearing 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 16D 2 (July 2021 -Jwte 2022) CCE 203,21 cooperate with the I Teclor General in any investigation, audit, inspection, review, or hearing pursuant to Section 20,055(5), F,S, 13y execution of this contract the Contractor understands and will comply with this subsection. 11.8 In accordance with Executive Order 20-44 which requires executive agencies to submit a list of entities named in statute with which a stale agency must form a sole-source,public-private agreement or an entity that, through contract or other agreement with the state,annually receives 50%or more of their budget from the State or from a combination of State and Federal funds.Any Contractor ti,:.t meets one or both of the criteria listed must submit an annual report, including the most recent IRS Form 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 include total compensation including salary,bonuses,cashed-in leave,cash equivalents, severance 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 contracted entity, 12. Nondiscrimination-Civil Rights Compliance: 12.1 The Contractor shall execute Assurances as stated in the Assurances-Non-Construction Pionrarns 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 and federal law and regulations. The Contractor further assures that all Contractors, Subcontractors, Sub-grantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age,race,religion, color, disability,national origin,marital status,or sex. 12.2 During the term of this contract,the Contractor shall complete and retain on file a timely,complete,and accurate Civil Rights Compliance Checklist,attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures 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 financial assistance,and are binding upon the Contractor,its successors,transferees,and assignees for the period during which such assistance is provided, The Contractor further assures that all Subcontractors, Vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the any statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that the Agency may,at its discretion,seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief including, but not limited to,termination of the contract and denial of further assistance, 13. Monitorhttr by the Agency: The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers, documents, facilities, goods,and services of the Contractor which are relevant to this contract,and to Interview any clients,employees,and Subcontractor employees of the Contractor to assure the Agency of the satisfactory performance of the terms and conditions of this contract, Following such it.view, the Agency will provide a written report of its findings to the Contractor and,where appropriate,the Contractor shall develop a Corrective Action Plan (CAP), The Contractor hereby agrees to correct all deficiencies identified in the CAP in a timely manner as determined by the Department's Contract Manager, 14, Provision of Services: The Contractor shall provide services in the manner described in Attachment I. Pogo 5 of 56 160 (July 2021 -June 2022) CCE 203.21 15. Coordinated Monitorhta with (3thcr Aacncies:: If the Contractor receives funding from one or more State of Florida human service agencies, in addition to the Agency, then a Joint monitoring visit including such other agencies niey be scheduled. For the purposes of this contract, and pursuant to Section 287,0575, F.S., as amended, Florida's human service agencies shall include the Agency,the Department of Children and Families, the Department of Health,the Agency for Persons with Disabilities,and the Department of Veterans'Affairs, Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator,the Contractor shall comply and coopeoec with all monitors, inspectors,and/or investigators. 16, New Contract(s) Rc nrthite The Contractor shall notify the Agency within ten(10)days of entering into a new contract with any of the remaining four (4) state human service agencies, The notification shall include the following information: (1)contracting state agency and the applicable office or program issuing the contract;(2)contract name and number;(3)contract start and end dates; (4) contract amount;(5) contract description and commodity or service; and(6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S,, as amended, the Contractor shall complete the Contractor's State Contracts List attached to this contract. 17, Indhenrnificatiou: The Contractor shall indenuufy, save, defend, and hold I;artnles the Agency and its agents and employees from any and all claims, demands,actions,and causes of action of whatever nature or character arising out of,or by reason of, the execution of this contract or performance of the services provided for herein. it is undc::Aood and agreed that the Contractor is not required to indemnify the Agency for claims, demands,actions,ar causes of action arising solely out of the negligence of the Agency. 17.1 Lxcept 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 der fined in Section 768.28(2),F.S. 18, Insurance and Bowline; 18,1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by Section 768,28(2),F.S., the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this cout: tct. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract, The Contractor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of this contract Such coverage may be provided by a sell-insurance program established and operating under the laws of the State of Florida. The Agency reserves the right to require additional insurance as specified in this contract. 18,2 Throughout the terns of this contract, the Contractor shall maintain an insurance bond from a responsible commercial insurance company covering all officers, dir=c:iors, employees, and agents of the Contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company, and consistent with good business practices. 19. Confidentiality of' information: The Contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 20. Health Insurance Portability kind Au.rountahility Act: 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 thereunder(45 CFR Parts 160, 162,and 164). 21. Incident Reporting: 21.1 The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor's or Subcontractor's Page 6 of 56 160 2 (July 2021 -June 2022) CCE 203.21 ability to perform the services required to be performed under this contract, Such notice shall be made orally to the Agency's Contract Manager(by telephone)with an email to immediately follow. 21,2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person,or disabled adult to the Florida Abuse !Iodine on the statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415,F.S.,this provision is bindintt upon the Contractor,its Subcontractors, and their employees. 22. Bankruptcy Notification; During the term of this contract,the Contractor shalt immediately notify the Agettoy lithe Contractor,its assignees, Subcontractors,of affiliates file a claim fur bankruptcy, Within ten(10)days after notification,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 and the division in which the petition was filed (e.g., Northern District of Florida, Tallahassee Division);and(4)the name,address,and telephone number of the bankruptcy attorney. 23, Sponsorship and Publicity: 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, ad;'ortising, or describing the sponsorship of the program, state: "Sponsored by(Contractor's name) and the State of Florida, Department of Elder Affairs."If the sponsorship reference is in written material,the words"State of Florida,Department of Elder Affairs"sh;tli appear in at least the same size letters or type as the name of the organization. 23,2 The Contractor shall not use the words "State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed,unless specific written authorization has been obtained by the Agency and Department prir,r to such use, 24. Assinnineta:,t 24.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written approval of the Agency. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the Agency shall constitute a material breach of the contract. In the event the State of Florida approves assignment of the Contractor's obligations,the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.2 The State of Florida is,at all times,entitled to assign or transfer,in whole or part,its rights,duties,or obligations under this contract to another governmental agency in the State of Florida upon giving prior written notice to the Contractor. 24.3 This contract shall remain binding upon the successors in interest of the Contractor and the Agency. 25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Agency deems necessary.The Contractor further agrees that the Agency will not be liable to the Subcontractor in any way or for any reason, The Contractor,at its expense,shall defend the Agency against any such claims. 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Agency or other state agency, Failure to make payments to any Subcontractor in accordance with Section 287.0585,F.S.,unless otherwise stated in the contract between the Contractor and Subcontractor,will result in a penalty as provided by statute. 26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor and any of its Subcontractors are Independent Contractors and are not employees of the Agency, and that they shall not hold themselves out as employees or agents of the Agency without prior specific authorization front the Agency. It is the further intent and understanding of the Parties that the Agency does not control the employment practices of the Contractor and will notbe liable for any wage and hour, employment discrimination, or other labor and employment claims against the Page 7of56 16D a (July 2021 -June 2022) CCE 203.21 Contractor or its Suheo'►lractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the Contractor are the sole responsibility of the Contractor. 27, ,Payment: Payments shall be made to the Contractor for all completed and approved deliverables(units of service)as defined in Attachment I, The Agency Contract Manager will have final approval of the Contotetor's invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract,unless the bid specifications, purchase order,or this contract specify otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resoho:al in accordance with the provisions of Section 215.422,F.S. A Vendor Ombudsman has been established within the Florida Department of Fl teneiat Services and may be contacted at 800-342-2762. 28, Return of Funds: The Contractor shall :cten to the Agency :my overpayments due to unearned funds or funds disallowed, and any interest attributable to such funds pursuant to the terms and conditions of this contract, that were disbursed to the Contractor by the Agency. In the event that the Contractor or its independent auditor discovers that an overpayment has; been made, the Contractor shall repay said overpayment immediately without prior notification from the Agency.In the event that the Agency first discovers an overpayment has been made, the Agency Contract Manager will notify the Conti .et,., in writing of suoh findings. Should repayment not be made forthwith,the Contractor shall be charged at the lawful rate of interest on the outstanding balance 'ei sunnt to Section 55.03,P.S.,after Agency notification or Contractor discovery. 29. Data linearity and Sulctru.u•dine Information: Thu Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract, An appropriate level of security includes approving and tracking all Contractor employees that request system or information access and ensu: ig that user access has been removed from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities,All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements,Grants,Loans,and Cooperative Agreements prior to the execution of this contract. 30, Computer 1Ise and Social Media Policy: The Agency has Implemented a Social Media Policy,in addition to its Computer Use Policy,which applies to ail employees, contracted employees, consultants, Other Personal Services (OPS) employees and volunteers,including all personnel affiliated with third parties,such as, hut not limited to, contractors and subcontractors.Any entity that uses the Agency's computer resource systems must con;ply 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,social networks Iike MySpace,Facebook and Twitter,as well as content sharing networks such as flickr and YouTube.This policy is available on the Department's website at: littp://elderaffairs.state,tl.usldoea/linancial,thp. 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors front using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the selection or in the award of a contract supported by state or federal funds if a conflict of interest,real or apparent, would be involved.Such a conflict would arise when: (a)the employee, officer or agent;(b)any member of his/her immediate family; (c) his or her partner; or(d) en organization which employs,or is about to employ,any of the above individuals, has a financial or other interest in the firm being selected for award. The Contractor's or Subcontractor's officers, employees,or agents will neither solicit nor accept gratuities,favors,or anything of monetary value from Contractors, potential Contractors,or parties to Subcontracts, The Contractor's board members and management must disclose to the Agency any relationship which may be,or may be perceived to be,a conflict of interest within thirty(30) calendar days of an individual's original appointment or placement in that position,or,if the individual is serving as an incumbent, within thirty(30)calendar days of the commencement of this contract. The Contractor's employees and Page 8 of 56 I6 © 2 (July 2021-June 202'.) CCE203,21 Subcontractors must make the same disclosures described above to the Contractor's board of directors. Compliance with this provision will he mmmitored. 32, Public Entity Crime: Pursuant to Section 287.133,F.S.,a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids, proposals,or replies on leases of real property to a public entity; may riot be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017,F.S., for CATEGORY TWO for a period of thirty six(36) months following the date of being placed on the Convicted Vendor List. 33, Purchasing: 33,1 The Contractor'shall procure products and/or services required to perform this contract in accordance with section 413,036,P.S. 33.1,1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTE-I 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(1) and (4), F.S.,the Contractor shall not be required to procure a product or service from RESPECT if;(a)the product or service is not available within a reasonable delivery time,(b) the Contractor is required by law to procure the product or service from any agency of the state, or(c)the Contractor determines that the performance specifications,price,or quality of the product or service is not comparable to the Contractor's r::quirements. 33,1,3 This act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by the Agency in accordance with its rutes. 33,1.4 Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 33,2 The Contractor shall procure any recycled products or materials which are the subject of, or are required to carry out, this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065,F.S. 33,3 The Contractor shall procure products and/or services required to perform this contract in accordance with section 946,515, F.S. 33,3,E IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO,CARRY OUI', THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER ('i'Al''l'ER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SE"t'FORTH IN SECTION 946.515(2)AND (4),F.S.;AND FOR PURPOSES OF THIS CONTRACT 914E PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OM' THE PROVISIONS OF THIS CONTRACT SI IALL 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 16D 2 (July 2021 -June 2022) CCE 203.21 33.4 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 date. The CMBE 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 roust accompany each invoice submitted to the Agency. The Office of Supplier Diversity (850-487-0915) will assist in furnishing names of qualified minorities. The Agency's Minority Coordinator (850-414-2153) will assist with questions and answers. The CMBE Report is attached to this contract. 34. Patents, Copyrights, Royalties: If this contract is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract or in any way connected with this contract,or if ownership of any discovery, invention, or copyrightable material was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, Invention, or copyrightable material to the Agency to be referred to the Agency and Department of State.Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter286, F.S. Pursuant to Section 287,0571(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 the primary purpose of this;%antt act is the creation of intellectual property,the State of Florida shall retain an unencumbered right to use such property,nut';:thstanding any agreement made pursuant to this Section 34. 34.2 If this contract is awarded solely federal funding, the terms and conditions,are governed by 2 CFR§200.315 or 45 CFR§ 75.322,as applicable. 34,3 Notwithstanding the foregoing provisions,if the Contractor or one of its Subcontractors is a university and a member of the State University System of Florida,then Section 1004.23,F.S,,shall apply,but the Agency shall retain a perpetual, fully-paid,nonexclusive license fo: its use and the use of its Contractors, Subcontractors, or Assignees of any resulting patented,copyrighted,or trademarked work products. 35. Emergency Preparedness and Continuity of Operations: 35.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the administration and coordination of services necessary for client health,safety,or welfare, the Contractor shalt, 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, the Contractor shalt notify the Agency of emergency provisions 35.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall remain responsible for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. Equipment: 36.1 Equipment means: (.i) tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes,or$5,000.00 [for federal funds-2 CFR § 200.33 and 45 CFR§75,2,as applicable],or(b);nonexpendable,tangible personal property of a non-consumable nature with an acquisition cost of$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 Non-Profit Organizations shall have written property management standards in compliance with 2 CFR Part 200 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular;(b)a procedure for conducting a physical inventory of equipment at least once every two (2)years; (c) a control system to insure adequate safeguards to prevent loss, damage,or theft of the equipment;and(d)maintenance procedures to keep the equipment In good condition, The property records must be maintained on file and shall be provided to the Agency upon request. The Contractor shall promptly Investigate, fully document, and notify the Agency Contract Manager of any loss, damage, or theft ofequipment. The Contractor shall provide the results of the investigation to the Agency Contract Manager. Page 10 of 56 D 2 (July 2021 -June 2022) CCE 203,21 36.3 The Contractor's property management standards for equipment(including replacement equipment),wlteather acquired in whole or in part with federal funds and federally-owned equipment shall,at a minimum, meet the following requirements and shall include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that include a description of the equipment; 36,3.2 Manufacturer's serial number, mode: number, federal stock number, national stock number, or other identification number; 36,3,3 Source of funding for the equipment,including the federal award identification number; 36,3.4 Whether title vests in the Contractor or the federal government; 36,3.5 Acquisition date(or date received,if the equipment was furnished by tine federal government); 36,3.6 Information from which one can calculate the percentage of federal participation In the cost of the equipment(not applicable to equipment furnished by the federal government); 36.3.7 Location,use and condition of the equipment and the date the information was repotted; 36,3,8 Unit acquisition cost;and 36.3.9 Ultimate disposition data, including date of disposal and sales price of the method used to determine current fair market value where a Contractor compensates the federal awarding agency for its share. 36,3,10 A physical inventory nrusi be taken,and the results reconciled with the property records at least once every two(2)years, 36,3.11 A control system must be developed to ensure adequate safeguards to prevent loss,damage,or theft of the property, Any loss,damage,or theft must be investigated.45 !'I It§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 authorized or required to sell the equipment,proper sales procedures must be established to ensure the highest possible return. 36,4 Equipment purchased with federal funds with an acquisition cost over$5,000.00 and equipment purchased with state funds with an acquisition cost over$5,000.00 is part of the cost of carrying out the activities and functions of the grant awards and title (ownership) will vest in the Contractor[for federal funds see 2 CFR §200,313(e) and 45 CFR § 75,320(a), as applicable), subject to the conditions of 2 CFR Part 200 and/or 45 CFR Part 75, Equipment purchased under these thresholds is considered supplies and is not subject to property standards, Equipment purchased with funds identified in the budget attachments to agreements covered by this contract or identified in the sub-agreemc nts with Subcontractors (not included in a cost methodology), is subject to the conditions of Chapter 273,F.S.,rule 60A-1.0 17,F.A.C'.,and 2 CFR Part 200 and/or 45 CFR Part 75, 36.5 The Contractor shall not dispose of any equipment or materials provided by the Agency or purchased with funds provided through this contract without first obtaining the approval of the Ai;circy Contract Manager, When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the Agency's Contract Manager,The request should include a brief description of the property, purchase price, funding source,and percentage of state or federal participation, acquisition date and condition of the property. The request shouldalso indicate the Contractor's proposed disposition of the property (i,e., 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, the Contractor is authorized to proceed as directed in 2 CFR§200.313 or 45 CFR§75.320,as applicable, 36.7 Real property means land (including land improvements), buildings,structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of the Agency. Real property purchases from Older Americans Aot funds are subject to the provisions of Title 42, Chapter 35,Subchapter III, 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, Pnge 11 of 56 1611 2 (July 202i -June 2022) CCE 203.21 36,8 Any permanent storage devices(e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains, 36,9 The Contractor must adhere to the Agency's procedures and standards when purehesing Information Technology Resources(1TR) as part of any agreement(s) incorporating this contract by reference. An ITR worksheet is required for any computer related item costing $1,000,00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel, and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the Agency upon request. The Contractor has the responsibility to require any Subcontractors to comply with the Agency's ITR procedures. 37, PUR 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at: http lwww.mytlorida.com/npps/vbs/adoc/F7740 PIJR 10ot),pdf In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract, the terms or conditions of this contract shall take precedence over the PUR 1000 Form. 1-however, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes,the terms or conditions contained in the PUR 1000 Form shall take precedence. 38, Use of State Funds to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the propery at least to the amount of state funds provided for at least five (5)years from the date of purchase or the completion of the improvements or as ftnrther required by law. 39. Dispute 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 the minimum level of service or performance identified in this contract, the Agency shall impose financial consequences as stated i,i Attachment 1. 41, No Waiver of Sovereign Immunity: Nothing contained in this contract is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable, 42, Venue: If any dispute arises out of this contract,the venue of such legal recourse shall be Leon County,Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties.No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44, Force Maieure: The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 45. Severability Clause. The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions arc severable to that void provision and shall remain in full force and effect, 46, Condition Precedent to Contract Appropriations: The Patties 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 56 160 2 (July 2021 -June 2022) CCF,203.21 Atlditiou/Deletion: The Parties agree that the.Agency reserves the right to add or to delete any of the services required under this contract when dream-,.d to be in the State of Florida's best interest and reduced to a written amend meat signed by both Parties. The Parties shall negotiate compensation for any additional services added. 48. Waiver: The delay or failure by the Agency to exercise or enforce any of its rights under this contract will not constitute or be deemed a waiver of the Agency's light thereafter io enforce those rights,nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 49. Cornnpliance: The Contractor shall abide by all applicable current federal statutes,l.,<<tti,rules,and regulations as well as applicable current state statutes,laws,rules and regulations.The Parties agree that failure of the Contractor to abide by these laws shall be deemed an event of default of the Contractor and subject the contract to immediate unilateral cancellation of the contract at the discretitn c of the Agency. 50, Final Invoice: The Contractor Nl:all submit the final invoice for payment to the Agency no later than thirty(30)days after the contract ending date unless otherwise specified in Attachment I.If the Contractor fails to do so,all right to payment Is forfeited and the Agency shall not honor e i iv requests submitted after the aforesaid time period.Any payment due under the terms of this contract shall be withheld until all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 51. Renegotiations of Modifications: Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties.The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level Increases and changes in the rate of payment when these have been established through the approl liens process and subsequently identified in the Agency's operating budget. 52. Suspension of Work: The Agency may in its sale discretion,suspend any or all activities 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.Examples of the reason for suspension include,but are not limited to,budgetary constraints, declaration of emergency,or other such circumstances,After receiving a suspension.xrtiuc,the Con'.rarlor shall comply with the notice and shall not accept any purchase orders.Within ninety(90)days,or any longer period agreed to by the Contractor,the Agency shall either;(1)issue a notice authorizing resumption of work,at which time activity shall resume,or(2)terminate the contract or purchase order.Suspension of work shall not entitle the Contractor to any additional compensation. 53, Termination: 53.1 Termination for Convenience. The Agency,by written notice to the Contractor,may terminate this contract in whole or in part when the Agency determines in its sole discretion that it is in the State's interest to do so.The Contractor shall not furnish any product after it receives the notice of termination,except as necessary to complete the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 53.2 Termination for Cause. The Agency may terminate this contract if the Contractor fails to: (I) deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3)honor any term of the contract,or(4)abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequenec:, ofdefault. The Contractor shall continue work on any work not terminated, Except for defaults of Subcontractors at any tier,the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a Subcontractor at any tier, and if the cause of the default is completely beyond the control ofboth the Contractor and the Subcontractor, and without the fault or negligence of either, the Page 13 of 56 16D 2 (July 2021 -June 2022) CCE 203.21 Contractor shall not be liable for any excess costs far failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule, if, after termination, it Is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenicnca of the Agency. The rights and remedies of the Agency in this clause arc in addition to any other rights and remedies provided by law or under the contract. 54, Electronic Records and Signature: The Agency authorizes, but does not require,the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to catty 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 the requirementscontained in the Uni ,rm Electronic Transaction Act,Section 668,50,F.S.All electronic records must be fully auditable;are subject to Florida's Public Records Law,Chapter 119,F.S,; must comply with contract Section 29,Dat a Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the Contractor to the same extent as non-electronic records ate retained and maintained as required by this contract. 54,1 The Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 54,2 Upon request by the Agency,the Contractor shall provide the Agency with non-electronic(paper)copies of records. Non-electronic! (paper) copies provided to the Agency of any document that was uric*finally 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 employee to serve as the Agency Contract Manager. REMAINDER OF THE PAGE INTENTIONALL 1'LEFT BLANK Page 14 of 56 �� 16 a (July 2021-June 2022) CCL 203,21 56.Official Payee and Representatives(Names,Addresses,and Telephone Numbers): The Contractor name,as shown on page 1 of this Collier Cotuity Board of County Commissioners a. contract,and mainly,address of the official payee to 3339 I?'I'anuanu Trail,Building H whom the payment shall be made is: Naples,FL 34112 The name of the contact person and street address Krlsti Sonntag,Director b, where financial and administrative records are Collier County Board of County Commissioners 333f,7 E Tamiunni Trail,Building H maintained Is: Naples,FL 34112 Krlstl Sonntag,Director The name,address, and telephone number of the Collier County Board of County Commissioners c, representative of the Contractor responsible for 3339 ii Tamiami Trail,Building I-I administration of the program under this contract is: Naples,Ph 34112 239-252-2273 Area Agency on Aging for Southwest Florida,Inc. The section and location within the Agency where 2830 Winkler Ave.,Suite 112 d. Requests for Payment and Receipt and Expenditure Fort Myers,FL 33916 forms are to be mailed is: 239-652-6922 • Richard Cocchierl,Director of Finance The name,address,and telephone number of the 2830 Winkler Ave.,Suite 112 e' Contract Manager for this contract Is: 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 Included: 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 agreements,either written or verbal,between the Parties, By signing this contract,the Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this fifty-six (56) page contract to he executed by their undersigned officials as duly authorized. CONTRA("I't)it, COLLIER COUNTY AREA AGENCY ON AGING FOR BOARD r.7F COUNTY COMVIMI2Sl SOUTHWEST FLORIDA,INC. _n SIGNED �K_ C SIGNED BY: NAME: Daniel R Rodriguez NAME: KI 0✓W,�`-6- .� Oj&C_,,.•- �Cl� TITLE: Public Service Department Head TITLELP f t-c�61- DATE: 07/ _ _12021 DATE `L --- �� Federal Tax ID:59-600055S Approved as to form and legality Assistant County Allonicy Page 15 of 56 16D 2 (July 2021-June 2022) CCE 203,21 INDEX OF ATTACHMENTS ATTACHMENT I 17 STATEMENT OF WORK 17 ATTACHMENT II 33 FINANCIAL AND COMPLIANCE AUDIT 33 ATTACHMENT III 39 CERTIFICATIONS AND ASSURANCES 39 ATTACHMENT IV 44 ASSURANCES-NON-CONSTRUCTION PROGRAMS 44 ATTACHMENT V 46 FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST 46 A'I"I'ACIIMENT VI 50 CONTRACTOR'S STATE CONTRACT LIST SD ATTACHMENT VII 51 BACKGROUND SCREENING 51 ATTACHMENT VIII 52 ANNUAL BUDGET SUMMARY 52 ATTACHMENT IX 53 INVOICE REPORT SCHEDULE 53 ATTACHMENT X 54 REQUEST FOR PAYMENT S4 ATTACHMENT XI 55 RECEIPT AND EXPENDITURE REPORT 55 ATTACHMENT XII 56 SERVICE RATE REPORT 56 Pnge 16 of 56 16 L2 (July 2021 -June 2022) CCE 203.21 ATTACHMENT I STATEMENT OF WORK 1. SERVICES TO BE PROVIDED A, Definitions ofTerms 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(ART I') Code of Federal Regulations(CFR) Corrective Action Plan(CAP) Community Care for the I)isabled Adult(CCDA) Community Care for the Elderly(CCE) Client Information and Registration Thek i ng System(CIRTS) Department of Children and Families(DCF) Florida Adm i ni ,.:ive Code(F,A.C.) Florida Department of i;I der Affairs(DOER or Department) Florida Statutes(F.S.) Home Care for Disabled Adults(I•ICDA) Instrumental Activities of Daily Living(IADLs) Notice of Instruction(NO1) Planning and Service Area(PSA) Summary of Programs and Services(SOPS) 2. Program Specific Terms Administrative Funding: Contract dollars that are allocated to support the Contractor's expenses incurred in the management and operation of the CCE Program,as stipulated in this contract. Adult Protective Services Referral Tracking Tool (ARTT): 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 transitloned from DCF's CCDA or HCDA services to DOEA's community-based services. Area Plan; A plan developed by the Contractor outlining a comprehensive and coordinated service delivery system in its PSA in accordance with Section 306 of the Older Americans Act (42 U.S.C. § 3026) and Department instructions, The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the Contractor enters CCE-specific data in the CIRTS. An update may also include other revisions to the Area Plan as instructed by the Department. Department of EIder Affairs Programs anti Services Handbook (DOEA Handbook); An official documentof DOEA. The DOEA handbook includes program policies, procedures, and standards applicable to agencies which are recipients of DOEA-funded programs,and providers of program-funded services.An annual update is provided through a NOI. Page 17 of 56 160 (July 2021 -June 2022) CCE 203.21 Functional Assessment: A comprehensive,systematic,and multidimensional review of a person's ability to remain living independently in the least restrictive living arrangement, Lead Agency: An 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 serviee providers within the community care service system. NOT: DOLA's established method to communicate to the Contractor and subcontractor the requirements to perform specific tasks or activities in a particular manner. NOIs are located on the DOEA websito at http://elderaffalrs,state,fl.us/does/nois.php. Program Highlights: Success stories, quotes, testimonials, or human-interest vignettes that are used in the SOPS to demonstrate how programs and services help elders, families,and caregivers. Summary of Prngrotns and Services (SOPS): A document produced by DOEA and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. Vulnerable Adult in Need of Services: A vulnerable adult who has been determined by a protective investigator to be suffering from the ill effects of neglect not caused by a second party perpetrator and is in need of protective services or other services to prevent further harm, B, General Description 1, General Statement The primary purpose of the CCE Program is to prevent, decrease, or delay premature or inappropriate and expensive placement of elders in nursing homes and other institutions. 2. Community Care for the Elderly Mis•,ion Statement The CCE 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 the development, expansion, reorganization,and coordination of various community-based services. The program provides a continuum of care so that functionally impaired elderly persons age sixty (60)and older may be assured the least restrictive environment 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 e. The Catalog of State Financial Assistance(CSFA)Number 65.010. 4, Scope of Service The Contractor is responsible for the programmatic,fiscal,and operational management of CCE Program. The program services shall be provided in a manner consistent with the Contractor's current Area Plan,as updated, and the current DOEA Handbook, which are hereby incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOEA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOT. 5, Major Program Goals The major goals of the CCP Program are to preserve the independence of elders and prevent or delay costlier institutional care through a community care service system that provides case management and other in-home and community services as needed under the direction of a lead agency,and to provide a continuum of service alternatives that meets the diverse needs of functionally-impaired elders. Page 18 of 56 t,} 1 6 D 2 (July 2021 -June 2022) Cu,203.21 C. Clients to be Served 1, General Description The CCE Program provides a continuum of services for functionally-impaired elders 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 impaired pursuant to Section 410,203(7), F.S,,as determined through the functional assessment and at least an animal reassessment; or b. Be aging out as defined in Section I,A.2.of I hi contract. e. Clients cannot be dually enrolled in the CCP, Program and a Medicaid-eapitated long-terns care program. 3. Targeted Croups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an institution or who are abused, neglected, or l*xploited. 4, Client Determination The Agency shall have final authority for the determination of client eligibility. II, MANNER OP' .SERVICE PROVISION A, Service Tasks To achieve the goals of the CCE Program,the Contractor shall perform,or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in Section I.C.2. 2. Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria arc used to prioritize new clients for service delivery in the sequence below. It is not the intent of the Agency to remove existing clients from services to serve new clients being assessed and prioritized for service delivery. a. DCF APS High Risk individuals: The Contractor shall ensure that pursuant to Section 430,205(5)(a), F.S., those elderly persons who are determined by DCF APS to be 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 arc referred by APS,shall be given primary consideration for receiving CCE services,As used in this subsection,"i:rimary consideration" means that an assessment and services must commence within seventy-two (72) hours after referral to the Agency or as established in accordance with local protocols developed between Agency service contractors and APS.The Contractor shall follow guidelines for DCF APS High Risk referrals established in the APS Operations Manual,which is incorporated by reference. b. For DCF APS Low,Intermediate, and High-Risk Referrals for individuals enrolled in a Medicaid long- term care program at the time of referral to the Contractor or subcontractor,the Contractor shall: i. Ensure that the intake entity contacts and notifies the DCF APS protective investigator that the referral was not accepted because the referred individual is enrolled in a Medicaid long-term care program; and ii, Ensure that the intake entity notes that the referred individual is enrolled in a Medicaid long-term care program in the ARTY as the reason for rejection. c. Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self-care is not possible,there is no capable caregiver, and nursing home placement is likely within one(I)month or very likely within three(3)months. l'nge19of56 Q,d 16D 2 (July 2021 -June 2022) CCE 203.21 d. Aging 01.t individuals: Individuals receiving CCDA and HCDA services through DCF's Adult Services transitioning to community-based services l'rc;vided through the Agency whoa DCF's services are not currently available e. Service priority for individuals not included in a.,c,,or d.above,regardless o:referral source,will be determined tiu'ough the Agency's functional assessment administered to each applicant,to the extent funding is available.The Contractor shall ensure that priority is given to applicants at the higher levels of frailty and risk of nursing home placement.For individuals assessed at the same priority and risk of nursing home placement,priority will be given to applicants with the lesser ability to pay for services, 3, Referrals for Medicaid Waiver Services a. The Contractor must 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:civ'e community-bascd 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;urc 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 DOEA,and the current DOEA Handbook, B. Use of Subcontractors If this contract involves the use of a Subcontractor or third party, then the Contractor shall not delay the Implementation of its agrees;i'nl with the Subcontractor,If any circumstance occurs that may result in a delay for a period of sixty(60)days or more of the initiation of the subcontract or the performance of the subcontractor,the Contractor shall notify the Agency Contract Manager and the Agency Chief Financial Officer in writing of such delay,The Contractor shall not permit a subcontractor to perform services related to this Contract without having a binding subcontractor agreement executed prior to the Subcontractor's performance.The Agency will not be responsible or liable for any obligations or claims resulting from such action. x, Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the Department's Contract Manager within thirty days of the subcontraet being executed, 2, Monitoring the Performance of Subcontractors The Contractor shall monitor,at least once per year,each of its Subcontractors,Subrecipients,Vendors,and/ or Consultants paid from funds provided under this contract.The Contractor shall perform fiscal, administrative,and progranuuatic 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, Copies 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 5G 0,� 1 6 Et 2 (July 2021-June 2022) CCE 203.21 C, Staffing Requirements 1. Staffing Levels The Contractor shall dedicate its own staff as necessary to meet the obligations of this contract and ensure that subcontractors dedicate adequate staff accordingly. 2, Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook, 3, Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m.to 5:00 p.m.local time. D. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1, Delivery of Service to Eligible Clients The Contractor shall ensure the provision of a continuum of services that meets the diverse, individual, and assessed needs of each funoti malty-impaired elder.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: a. Core Services for Programmatic Operation The Contractor shall ensure that core services include a variety of home-delivered services, day care services, and other basic services that are most needed to prevent unnecessary institutionalization. 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; (8) Housing Improvement; (2) Chore Services; (9) Legal Assistance; (3) Companionship; (10) Pest Control Services; (4) Escort; (11) Respite Services; (5) Financial Risk Reduction; (12) Shopping Assistance; (6) Home Delivered Meals; (13) 'Telephone Reassurance;and (7) Homemaker; (14) Transportation, b, Health Maintenance Services The Contractor shall ensure that health maintenance services are made available as necessary to help maintain the health of functionally-impaired elders. These services are limited to medical therapeutic services and non-medical prevention services.Typical services to be provided at the unit rate identified in the Contractor's Area Plan,as updated,include the following: (I) Adult IT,ry Health Care; (8) Nutrition Counseling; (2) Emergency Alert Response; (9) Occupational Therapy; (3) Gerontological Counseling; (10) Personal Care; (4) Health Support; (11) Physical Therapy; (5) Home Health Aide; (12) Skilled Nursing Services; 0 Page 21 of 56 16D 2 (July 2021-June 2022) CCh,203.21 (6) Medication Management; (13) Specialized Medical Equipment, Services,and Supplies;and (7) Mental Health Counseling/Screening; (14) Speech Therapy, c. Other Support Services The Contractor shall ensure that support services expand the continuum of care options to assist functionally-impaired elders and their caregivers. Support services to be provided at the unit rate identified in the Contractor's Area Plan,as updated,include the following: (1) Caregiver Training/Support; (4)Intake; (2) Case Aid; (5)Material Aid;and (3) Case Management; (6)Other services, as approved by the Department. 2, Service Units The Contractor shall ensure thel the provision of services described in this contract is in accorrtnnce with the current DOEA Handbook and the service tasks described in Section II,A. Attachment XIV, Service Rate Report, lists the services that can be performed, the highest rcimburseetent unit rate, the method of payment, and the service unit type. [huts of service will be paid pursuant to the rate established in the Contractor's Area Plan as updated, as shown in Attachment XIV,and approved by the Department. 3. Administrative Responsibilities The Contractor shall provide management and oversight of CCE Program operations in accordance with the current DOEA Handbook and the Department-approved Contractor's Area Plan and Cost Analysis. Management and oversight of CCE Program operations Include the following; a. Developing a competitive solicitation process for allocation of CCP,funds,including appeal procedures for handling disputes involving the Lead Agency; b. Developing an Area Plan and updating it annually,at a minimum,as directed by the Department; c. Designating appropriate and capable Lead Agencies and establishing vendor agreements at the AAA level, when applicable for Lead Agency and CCE services according to manuals, rules, and agreement procedures of DOEA; d. Providing technical assistance and training to Lead Agencies,subcontractors, and vendors to ensure provision of quality services; c. Monitoring and evaluating Lead Agencies, subcontractors, and vendors for fiscal, administrative, and programmatic compliance; f, Appropriately and timely submittlttt, payments to subcontractors; g, Arranging in-service training for Lead Agencies at least annually; h, Establishing procedures 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 the grievance process as described in Appendix D of the current DOEA Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and include. tracking the date, nature of complaint,and the determination of each complaint; i, Ensuring compliance with CIRTS regulations; J. Monitoring performance objective achievements in 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,or 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 56 160 2 (July 2021 -Jane 2022) CCE 203,21 must establish due dates for any subcontractors that permit the Contractor to meet the Agency's reporting requirements 1. CIRTS Reports The Contractor shall ensure timely input of CCE-specific data into CIRTS, To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following; a, Client Reports; b. Monitoring Reports; c, Services Reports; • d. Miscellaneous Reports; e. Fiscal Reports; f, Aging and Disability Resource Center Reports; and g, Outcome Measurement Reports. 2, Animal Service Cost Reports a,The Agency shall require Contractors to annually submit to the Agency Contract Manager Service Cost Reports, which reflect the actual costs of providing each service by program.This Annual Service Cost Report will be due by February 25, each year.This report wily :r:';tide actual costs for performing all services during the preceding calends year.Supporting docwnentation'must accompany the report,which will include General Ledger,Trial Balance and/or Statement of Revenue and Expenditures along with a narrative explanation and justification of rate differences,This Annual Service Cosi Report provides information for planning and negotiating unit rates. b.Any multi-year contracts entered into with 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 reimbursement rates on an annual basis.The Contractor may annually renegotiate rates based on factors including but not limited to a review 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 Methodology worksheets,along with supporting documentation and narrative explanation, must be submitted by April 15 of each year, if a rate increase Is being requested for any service in the next contract year, 3. Surplus/Deficit Reports The Contractor shall submit a Consolidated Surplus/Deficit Report, in a format provided by the Agency, to the Department's Contract Manager by the lath of each month. This Consolidated Surplus/Deficit Report is for all agreements nod contracts between the Contractor and the Agency and must include the following: a. A list of all contracts and Wei current status regarding surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; e, Recommendations to transfer funds within the PSA io resolve surplus/deficit spending; d. Input from the Agency's Board of Directors on resolution of spending issues, if applicable; Page 23 of 56 169 f (July 2021 -June 2022) CCE 203,21 4. Cost Analysis The Contractor shall submit a completed DOEA Cost Analysis for Non-Competitively Procured Contracts in Excess of Category IT to the Department's Contract Manager by June 30'of each year, 5. Co-Pay Collections Report The Contractor shall submit a consolidated annual co-payment collections report to the Department's Contract Manager by July 25,2022,using Attachment 5,located in Appendix 13 of the current DOHA 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 now success story,quote,testimonial, or human-interest vignette,The highlights shall be written for a general audience,with no acronyms or technical terms.For all agencies or organizations that are referenced ir the highlight, the Contractor shall provide a brief description of their m i lion or role. The active tense shall be consistently used in the highlight narrative, to identify the specific individual or entity tl:;it performed the activity described in the highlight.The Contractor shall review and edit Program Highlights for clarity,readability,relevance,specificity,human interest,grammar,prior to submitting them to the Agency. Page 24 of 56 1613 2 (July 2021 -June 2022) CCE 203.21 P. Records and Documentation 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment(Attachment XI)that shall be available to the Agency or authorized individuals,such as the Department of Financial Services(DFS), upon request. 2, CIRTS Data and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in CIRTS or any such system designated by the Agency, 3, CIRTS Address Validation 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 responsi Me for working with the Lead Agencies to correct addresses, and send a list to the Agency with confirmed addresses. The Agency will use this information to update maps,client rosters, and unmatched addresses to disseminate to the Lead Agencies. 4, Data Integrity and Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of til data and software is required to recover from losses or outages of the computer system.Data and software essential to the continued operation of Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources.A copy of the backed-up data shall be stored in a secure,offsite location. 5. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup:;nd recovery and shall have the same requirement of its subcontractors.These policies and procedures shall be made available to the Agency upon request. G. Performance Specifications 1, Outcomes and Outputs (Performance Measures) The Contractor trust: a. Ensure the prioritization of clients and provision of services to clients in accordance with Section II.A.2.of this contract; b. Ensure the provision of the services described hi this contract are in accordance with the current DOEA Handbook and Section H.A.1.-4 and Section II.D.1.-3.of this contract; c. Timely and accurately submit to the Agency all required documentation and reports described in Section ILE.; d. Timely and accurately submit to the Agency Attachments XI,XII,and XIII,and supporting documentation,in accordance with Attachment X,Invoice Report Schedule;and e. Develop and document strategies in the Area Plan to support the Department's standard of performance achievement, including increases for the following: i.Percentage of most frail elders who' main 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; Percentage of new service recipients whose ADL,assessment score has been maintained or improved; Page 25 of 56 � 6 (July 2021 -June 2022) CCE 203,21 iv. Percentage of new service recipients whose IADL assessment score has been maintained or improved; v,After service intervention,the percentage of caregivers who self-report being very confident about their ability to continue to provide care; vl. Percentage of clients who are at imminent risk of nursing home placement who arc served with community-based services; vii, Percentage of APS refer rats who need immediate services to prevent further harm wino are served • within seventy-two(72)hours;and viii, Percentage of elders assessed with high or moderate risk environments who improved their environment score. 2, The Contractor's performance of the measures in Section ILO,I. 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 Conti act. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, 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 Department's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables,The Agency may use,but is not limited to,one or more of the following methods for monitoring: a, Desk reviews and analytical reviews; b, Scheduled, unscheduled, end follow-up on-site visits; c. Client visits; d, Review of independent auditor's reports; e, Review of third-party documents and/or evaluation; f, Review of progress reports; g. Review of customer satisfaction surveys; in. Agreed-upon procedures review by an external auditor or consultant; i, Limited-scope reviews; and j. Other procedures as deemed necessary by the Agency. H. Contractor Responsibilities 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 Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of this contract, the failure of other entities does not alleviate the Contractor from any accountability far tasks or services that the Contractor is obligated to perform pursuant to this contract. 0 Page 26 of 56 `t 1U t*' (July 2021 -June 2022) CCE 203,21 I, Agency Responsibilities 1, Agency Obligations The Agency may,within its resources,provide 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 from full performance of contract requireim.ire. 2. Agency Determinations 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 reservation of rights does not mean that all ,e:aer areas of the contract are subject to mutual agreement. III,METHOD OF PAYMENT A, Payment Methods Used The method of payment for this contract is a combination of fixed-fcc/unit rate, cost reimbursement,and advance payments, subject to the availability of funds and Contractor performance, The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section 1[,D„ and in accordance with other terms and conditions of this contract, 1, Fixed Fee/Unit Rafe Payment for Fixed fee/Ur' Rates shall not exceed :ie runts established in the Service Rate Report(Attachment XIV)per unit of service, 2, Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in the Service Rate Report (Attachment XIV). All Cost Reimbursement Requests for Payment must include a Receipt and Expenditure Report(Attachment XII)as well as a Cost Reimbursement Summary form (Attachment XIII),beginning with the first month of'this contract. Reimbursement amounts for administrative Costs must be reflected on the Cost Reimbursement Summary form(Attachment XII[)and include only items contained on the Contractor's Cost Analysis form. The Agency reserves the right to review supporting documentation for any cost reimbursement requests. 3, Advance Payments The Contractor may request up to two(2) months of advances at the start of the contract period to cover program administrative and service costs,The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency by the State of Florida (budget release). The Contractor's requests for advance payments require the written approval of the Department'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 will be distributed. If the Contractor is requesting two (2) months of advances, documentation must 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 first and second month.If sufficient budget is available,and the Department's Contract Manager, in his or her sole discretion, has determined that there is justified need for an advance,the Agency wit! issue approved advance payments after July 1st of the 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 Agency documentation to support full distribution of advanced funds with Report Number 5, due to the Agency on October 25,2021, in accordance with the invoice Report Schedule(Attachment X). b. All advance payments retained by the Contractor must be fully expended no later than September 30,2021, Any portion of advance payments not expended must be recouped on the Request for Payment(Attachment XI),Report Number 5,due to the Agency on October 25,2021, in accordance with the Invoice Report Schedule(Attachment X). Page 27 of 56 16 0 2 (July 2021-June 2022) CCE 203.2 t c. All advance payments made to the Contractor shall be reimbursed to the Agency as follows: At least one-tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment (AttAnnent Xl), starting with Report Number 5, in accordance with the invoice Report Schedule(Attachment X). I3, Funding Distribution The Contractor agrees to distribute funds as detailed in the Area Plan update and the Annual Budget Summary (Attachment IX). Any changes in the total amounts of the funds 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 an invoice subsequent to the acceptance and approval by the Agency of the deliverables shy nvn on the invoice.The form and substance of each invoice submitted by the Contractor shall be as follows: !, Have a Remittance Address that corresponds exactly to the "Remit To" address provided to MyFtorldaMarketPlace(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 the contract. Documentation of service delivery must include a report consisting of the following: u.unber of clients served, number of service ui:its provided by service,and rate per service unit with calculations that equal the total invoice amount. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form (Attachment XIII) and include only items contained on the Contractor's Cost Analysis form.Any requested changes to the approved budget subsequent to the execution of this contract mast be submitted to the Department's Contract Manager for written approval.Any change to the total contract amount requires a formal cons:act amendment; 3. The 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 XII),and Cost Reimbursement Summary(Attachment XIII)for services and administrative expenses,which must include itemized expenditure categories;and 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 schedule for submission of advance requests (when available)and invoices is set fat th in the Invoice Report Schedule(Attachment X). D. Payment Withholding Any payment due by the Agency under the terms of this contract may he withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved. B. Final Invoice instructions The Contractor shall submit the final Request for Payment to the Agency no later than August l5,2022. P. CIRTS Data Entries 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 DOEA Handbook and the CIRTS User Manual—Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Subcontractors must enter this data into the CIRTS prior to submitting their Requests for Payment and Expenditure Reports to the Contractor. The Contractor shall establish deadlines for completing CiRTS data entry and ensure compliance with due dates for the Requests for Payment and 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 moist he submitted to the Contractor with the monthly Request for Puy/twit Page 28 of 56 16D 2 (July 2021 -June 2022) CCE 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 the Contractor. R. Corrective Action Plan I, Contractor shall ensure one hundred percent(100%)of the deliverables Identified in Section 11,D,1,-3.of this contract are performed 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 identified in Section I1,D.1.-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 Department's Contract Manager,The Agency shall assess a Financial Consequence for Non-Compliance on the Contractor as referenced in Section Nil,of this contract for each deficiency identified in the CAP which is not corrected pursuant to the t':11'.The Agency will also assets a financial consequence for failure to timely submit a CAP. 3, If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, the Agency shall deduct the percentage established in Section III,i.of this contract from the payment for the invoice of the following month. 4. If the Contractor fails to timely submit a CAP, the Agency shall deduct fhe percentage established in Section III.I, of this contract for each day the CAP Is overdue, The deduction will be made from the payment for the invoice of the following month. I. Financial Consequences The Agency will withhold or reduce payment if the Contactor fails to perform the deliverables to the satisfaction of the Agency according to the require►nents referenced in Section ILD,of this contract, The following financial consequences will be imposed if the deliverables stated do not meet in part or In whole the performance criteria as outlined in Section I1.D.of this contract: 1. Delivery of services to eligible clients as referenced in Section II.A.1,-2, and Section II.D.1 of this contract Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports,will result in a two percent (2%)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 in Section 1II.H.; 2, Services and units of services as referenced in Section I t,D.2. of this contract--Failure to provide services in accordance with the current DOEA Handbook,the service tasks described in Section i1.A,,and the Service Rate Report(Attachment XIV), and/or failure to submit required documentation will result in a two percent (2%) reduction of payment pet'business day. The reduction of payment will begin the first business day following the Department's notification to the Contractor that the identified deficiency is not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section III.H.; 3, Administrative duties as referenced in Section ILD.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 1II.H,; 4, Timely submission of a CAP—Failure to timely submit a CAP within ton (I0) business days 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 begin the first business day following the Department's notification to the Cont►actor that the Identified deficiency was not cured or satisfactorily addressed in accordance with the Agency-approved CAP,referenced in Section IiI,H.;and 5. Exceptions may be granted solely, in writing,by the Department's Contract Manager. Page 29 of 56 16 D 2 (July 2021 -June 2022) CCP,203,21 IV.SPECIAL PR O VISIONS A, Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the 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 Effort, and Earwarlcing Requirement The Contractor must provide a match of at least ten percent(10%)of the cost for ail CCE services. The match must be made in the form of cash and/or in-kind resources, At tic:end of the contract period, all CCE lands expended must be properly matched.State funds shall not be used to match another state-funded program. 2, Cost Sharing and Co-Payments Pursuant to Section 430.204(8), F.S., and Rule 58C-I.e07, F.A,t'., the dollar amount for co-payments associated with CCE must 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(FPL) as established each year by the U.S, Department of Health and Human Services, b, No client may have their services terminated fbr inability to pay their assessed co-payment,The Contractor, in conjunct'on with provider agencies, must establish procedures to remedy financial hardships associated with co-payments and ensure there is no interruption in service(s) for inability 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, The consumer's contribution must be equal to or greater than the assessed cry-payment. Co-payments collected in the CCE Program can be used as part of the local match,as detailed above in Section TV.B,I 3. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner as to avoid having a wait list and a surplus of funds at the end of the contract period. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other AAAs during the contract period and/or adjust subsequent fundine allocations accordingly,as allowable under state and federal law, 4, Contract Limits In no case shall the Contractor be required to incur costs in excess of the contract amount in providing services to clients. C. Remedies for Nonconfor min h Services 1. The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely, and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. 2. If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract, In addition,any nonconforming goods(including home delivered meals)and/or services not meeting such standards will not he reimbursed under this contract. The Contractor's signature on the Request for Payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services.The Agency requires immediate notice of any significant and/or systemic infractions that compromise the quality,security,or continuity of services to clients. D. Incident Reporting The Contractor shall notify the Agency immediately but no later than forty-eight(48)hours from the Contractor's awareness or discovery of changes that may materially affect the Contractor or any subcontractor's Page 30 of 56 16D 2 (July 2021-June 2022) CCTV 203.21 ability to perform the services required to be performed under this contract and in authorizing provison. Such notice shall be made orally to the Department's Contract Manager(by telephone) with an email to immediately follow,including the Contractor's plan for provision of services authorized in proviso, E. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Contractor or any subcontractors and 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 Stoic Attorney,a law enforcement agency,the United States Attorney's office, or other governmental agency, the Contractor shall notify the Inspector General at the Agency immediately. A copy of all documents,reports,notes,or other written material concerning the investigation, whether in the possession of the Contractor or subcontractors,must be sent to the Department's Inspector General with a summary of the ii'vestlgation and allegations. F. Volunteers The Contractor shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services.If possible,the Contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as the Senior Community Service Employment Program or organizations carrying out federal service programs administered by the Corpor,rtion 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 on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120,F.S„ if the Agency finds that any of the following have occurred: a. Au intentional or negligent act of the Contractor has materially affected the health,welfare,or safety of clients,or substantially and negatively affected the operation of an aging services program; b, The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; c. The Contractor has committed multiple or repeated violations of legal and regulatory requirements or Agency standards; d, The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; e. The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the Agency; f, The Contractor has failed to properly determine client eligibility as defined by the Agency or efficiently manage program budgets;or g, The Contractor has failed to implement and maintain a Agency-approved client grievance resolution procedure. 2. Li making any determination under this provision,the Agency may rely upon findings of another state or federal agency or other regulatory body. Any claims for damages for breach of contract are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Leon 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 Modificntions The Department's Contract Manager has the authority to modify and/or extend deliverable deadlines, All deliverable extension requests must be made to the Department's Contract Manager, in writing, prior to the required deadline. All approvals for deliverable extensions must be communicated, in writing, by the Page 31 of 56 6 a (July 2021 -June 2022) CCE 203,21 Agency's Contract Manager to the Contractor end are subject to the discretion of the Agency's Contract Manager. The requests and the approval roust occur prior to the established deadline. An e-mail writing(request and response)is considered acceptable, END OF ATTACHMENT Page 32 of 56 16D 2 (July 2021 -June 2022) CCE 203.21 ATTACHMENT II FINANCIAL AND COMPLIANCE AUI)I'l' 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. MONiTORTNG 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 entei 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 the Agency to the Contractor regarding such audit. The Contractor further agreesto comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART 1: FEDERALLY FUNDED )ED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200,Subpart A. In the event that the Contractor expends $750,000.00 or more in federal awards during its fiscal year,the Contractor must have a single or program-specific audit eonlucted in accordance with the p:ovisions of 2 CFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. In determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including federal resources received from the Agency. The determination of amounts of Federal awards expended should be in accordance with 2.CFR Part 200,An audit of the Contractor conducted by the Auditor General in accordancewith the provisions of 2 CFR Part 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall f ulfill the requirements relative to auditee responsibilities as provided in 2 CFR§200,50g. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required, In the event that the Contractor expends less than$750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200,the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Agency shall be based on the contract's requirements, including any rules,regulations,or statutes referenced in the contract.The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved.If not otherwise disclosed as required by 2 CFR § 200.510, the schedule of expenditures of federal awards shall identify expenditures by contract number for each contract with the Agency in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Contractor's fiscal year end. PART II: STATE FUNDED Page 33 of 5t i6D 2 (July 2021-June 2022) CCE 203.21 This part is applicable if the Contractor is a non-state entity as defined by Section 215,97(2),F.S. in the event that the Contractor expends a total amount of state financial assistance equal to or in excess of$750,000,00 in any fiscal year of such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,F,S,;applicable rules of the Department of Financial Services;and Chapter 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, financial Compliance Audit Attachment,Exhibit 2 indicates state financial assistance awarded through the Agency by this contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Agency, other state agencies, 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 II, paragraph 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F,S, This includes submission of a financial reporting package as defined by Section 215,97(2), F.S., and Chapter 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations),Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state financial assistance in Its fiscal year, an audit conducted In accordance with the provisions of Section 215.97,F,S., is not required.In the event that the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215,97,KS.,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the Contractor resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year, Compliance findings related to contracts with the Agency shall be based on the contract's requirements, including any applicable rules, regulations, or statutes.The financial statements shall disclose whether or not the matching requirement was met for each applicable contract.All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otherwise disclosed as required by Rule 69I-5.003, F.A,C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Agency in effect during the audit period. For local governmental entities, financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report,but no later than 12 months after the Contractor's fiscal year end.For non-profit or for-profit organizations,financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III; REPORT SUBMISSION Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted,when required by 2 CFR §200.512 by or on behalf of the Contractor directly to each of the following: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'm'Street Jeffersonville,IN 47132 Pursuant to 2 CFR§200,512,all other Federal agencies,pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of any management letter issued by the auditor directly to the Agency. Page 34 of 56 0� 16D 2 (July 2021 -June 2022) CCE 203.2 1 Area Agency on Aging for Southwest Florida,Inc. Attn: Rick Cocchieri,Director of Finance 280 Winkler Ave,Suite 112 lit Myers,Florida 33916 Additionally,copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment, Part II,shall be submitted by or on behalf of the Contractor directly to each of the following: The Agency at the following address; Area Agency on Aging for Southwest Florida,Inc. Attn:Rick Cocchieri,Director of Finance 280 Winkler Ave,Suite 112 Ft Myers,Florida 33916 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee,Florida 32399-1450 Any reports, management letters, or other information required to be submitted to the Agency pursuant to this contract shall be submitted timely in accordance with 2 CFR Pan 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 financial reporting packages to the Agency for audits done in accordance with 2 CFR Part 200 or Chapter 10.550(local governmental entities)or 10,650(nonprofit and for-profit organizations),Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six(6)years from the date the audit report is issued, and shall allow the Agency or its designee, the Director,or Auditor General access to such records upon request, The Contractor shall ensure that audit working papers are made available to the Agency or its designee,Director,or Auditor General upon request for a period of six(6)years from the date the audit report is issued,unless extended in writing by the Agency. • Page 35 of 56 LJ 16D 2 (July 2021 -June 2022) CCE 203.21 ATTACHMENT II-EXHIBIT 1 PART I: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215,97,F,S, Contractors who are determined to be recipients or sub-recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit I are met. Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR§200.38 and/or Section 215,97,F.S. Regardless of whether the audit requirements arc met, Contractors who have been determined to be recipients or sub-recipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part 200 and/or Rule 691-5.006,F.A.C.,Contractor has been determined to be: Vendor not subject to 2 CFR§200.38 and/or Section 215,97,F.S. Recipient/sub-reci}bent subject to 2 CFR§§200,86 and 200.93 and/or Section 215,97,F.S. Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F,S, For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Flora) government,and charter schools are exempt, Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a Contractor Is determined to be a recipient/sub-recipient of federal and/or state financial assistance,and has been approved by the Agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-5.006, F.A.C.[state financial assistance] and/or 2 CFR§ 200,330 (federal awards]. PART II: FISCAL CO,MP1_IANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS, Contractors who receive Federal awards,state maintenance of effort funds,or state matching funds on Federal awards and who are determined to be a sub- recipient must comply with the following fiscal laws,rules,and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR§200.416- §200A17._Special Considerations for States,Local Governments,and Indian Tribes* 2 CFR§ 200.201 —Administrative Requirements** 2 CFR§200 Subpart F--Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules,and regulations NON-PROFIT 0It(:ANIZATIONS MUST FOLLOW: 2 CFR§200,400- §200.411 —Cost Principles* 2 CFR§200.100--Administrative Requirements 2 CFR§ 200 Subpart F—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules,and regulations EDUCATIONAL INSTITUTIONS(EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR§200.418—§200.419—Special Considerations for I:,stitutions of Higher Education* 2 CFR§200.100—Administrative Requirements 2 CFR§200 Subpart F—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules,and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in 2 CFR §200.400(5)(c). Page 36 of 56 0� 160 2 (July 2021 -Jane 2022) CCE 203,21 **For finding passed through U.S. Health and Human Services, 45 CFR Part 75; for funding passed through US Department of Education,34 CFR Part 80, STATE FINANCIAL ASSISTANCE, Contractors who receive state financial assistance and who are determined to be a recipient/sub-recipient must comply with the following fiscal laws,rules,and regulations: Sections 215,97&215.971,F.S. Chapter 69I-5,F.A.C. State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules,and regulations Page 37 of 56 i6D 2 (July 2021 -June 2022) CCE 203.21 ATTACHMENT II-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 included in Attachment II,Exhibit I,be provided to the recipient,Information contained herein is a prediction of funding sources and related amounts based on the contract budget. 1, FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (1FAIN#): _— '-- j FEDERAL AWARD DATE: DUNS NUMBER; PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200-Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards, OMB Circular A-133-Audits of States,Local Governments,and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO'1'HL RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97 F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Community Care for the Elderly General Revenue 65.010 $1,000,993.d8 TOTAL AWARD -__ - $1,000,993.48 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Sections 21597&2 J 5.971,F.S.,Chapter 691-5,F,A.C.,State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules,and regulations C . Page 38 of 56 16Q a (July 21121 -June 2022) CCE 203.21 ATTACHMENT HI CERTIFICATIONS AND ASSURANCES DOEA will not award this contract unless Contractor completes this CERTIFICATIONS AND ASSUR ANCES. In performance of this contract,Contractor provides the following certifications and assurances; A, Debarment and Suspension Certification (29 CFR Part 95 and 45 CFR Part 75) B. Certification Regarding Lobbying(29 CFR Part 93 and 4S CFR Part 93) C, Nondiscrimination&Equal Opportunity Assurance(29 CFR Part 37 and 45 CFR Part 801 D. Certification Regardinu Public Entity Crimes,section 287.133,E.S. E. Association of Community Organizations for Reform Now(ACORN)'funding Restrictions Assurance (Pub. L. 11J-1171 F, Scrutinized Companies Lists and No Boycott of Israel Certification,section 287.135,F.S. G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Grants, Loans, and Cooperative Agreements H. Verification of Employment Status Certification I. Records and Documentation J, Certification Regarding 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 principals: 1, Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or perfoi ming a public(Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph A.2.of this certification;and/or 4, Have not within a tlu'ee-year period preceding this application/proposal had one or more public transactions (Federal, State, or local)terminated for cause of default, The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements)and that all sub-recipients and contractors shall provide this certification accordingly, B. CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS,GRANTS, LOANS, AND COOPERATIVE AGREEMENTS, The undersigned Contractor certifies,to the best of its knowledge and belief,that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, • Page 39 of 56 16Q 2 (July 2021-June 2022) CCE 203.21 the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, in ant,loan,or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The undersigned shall require that language of this certificatiow be included in the documents for all sul'ccmtrti..ts 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 mate!ial representation of fact upon which reliance was placed when this contract was made or entered into, Submissio ► of this certification is a prerequisite for making or enter re into this contract Imposed by 31 U.S.C, § 1352.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure, C. NON- DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 ANl) 45 CFR PART 80). -As a condition of the Contract,Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: X, Section 188 of the Workforce Investuneut Act of 1998 (WIA),(Pub. L. 105-220),which prohibits discrimination against all individuals in the United States cm the basis of race,color,religion,sex,national origin, age,disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall,on the ground of race,color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program n: 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 Department of health and Human Services(45 CFR Part 84),to the end that, in accordance with Section 504 of that Act and the Regulation,no otherwise qualified handicapped individual in the United States shall,solely by reason of his handicap, be excluded from participation in, he denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department and Agency. 4, The Age Discrimination Act of 1975(Pub,L.94-135), as amended,and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance with the Act and the Regulation,no person in the United States shall,on the basis of age,be denied the benefits of, be excluded from participation in,or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 86),to the end that, in accordance with Title IX and the Regulation,no person in the United States shall,on the basis of sex,he excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Agency. 6, The American with Disabilities Act of 1990(Pub.L. 101-336),which prohibits discrimination in all employment practices including job application procedures, hiring, tiring, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. 7. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the V/IA Title I-- financially assisted program or activity, and to all contracts Contractor makes to carry out the WIA Title I—financially assisted program or activity. Page 40 of 56 16 Et 2 (July 2021-June 2022) CCE 203,21 Contractor understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall :equire that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287,133,F,S.,nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform DOEA immediately upon any change of circumstances regarding this status, E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE(Pub, L, 111-1I7), As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 20'0, Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub, L. 111-242), provides that appropriations made under Pub.L. 11 I-1 17 are available under the conditions provided by Pub.L. I 1 1-117. The undersigned shall require that 1anauaae of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub- recipients and contractors shall provide this assurance accordingly. F, SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT OF ISRAEL CERTIFICATION, SECTION 287.135, F.S. In accordance with section 287.135, F,S., Contractor hereby certifies that it has not been placed on the Scrutinized Companies that Boycott Israel List and that it Is not engaged in a boycott of Israel. If this contract is in the amount of$I million or more, in accordance with the requirements of section 287,135, F.S., Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it is not engaged in business operations in Cuba or Syria. Contractor understands that pursuant to section 287,135, F.S., the submission of a false certification may result in the Agency terminating this cimtracl and the submission of a false certification may subject Contractor to civil penalties and attorney fees and costs,including any costs for investigations that led to the finding of false certification, If Contractor is unable to certify any of the statements in this certification, Contractor shall attach an explanation to this contract, G. CERTIFICATION REGARDING DATA INTEGRi'I'Y COMPLIANCE FOR comm Am'S,AGREEMENTS, GRANTS, LOANS,AND COOPERATIVE AGREEMENTS 1. The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information,Including:(I)accurate,current,and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements;(2)the source and application of funds for all contract supported activities; and(3)the comparison of outlays with budgeted amounts for each award.The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 2, Management Information Systems used by the Contractor,Subcontractors,or any outside entity on which the Contractor is dependent for data that is to be reported,transmitted,or calculated have been assessed and verified Page 41 of 5G 16D 2 (July 2021-June 2022) CCE 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 data integrity. 3, If this contract includes the provision of hardware, software, firmware, microcode, or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately.All versions of these products offered by the Contractor(represented by the undersigned)and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly,the Contractor agrees to intnx:uiatcly make required corrections to restore hardware and software programs to the same level of functionality as warranted herein,at no charge to the state, and without interruption to the ongoing business of the state,time being of the essence. 5, The Contractor and any Subcontractors of services under this contract warrant that their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency,including emergencies arising from data integrity compliance issues. H. VLRIFiCATION Oh' EMPIA)Y MEN 1' STATUS CERTIFICATION As a condition of contracting with the Agency,Contractor certifies the use of the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by Contractor during the contract term to perform employment duties pursuant to this contract,and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this contract utilize the E-verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term, The Contractor shall require that the language of this certification he included in all sub-agreements, sub-grants,and other agreement:/contracts and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this contract imposed by Circulars A-102 and 2 CFR Part 200 and 215(formerly OMB Circular A-110). I, RECORDS ANI) DOCUMENTATION The Contractor agrees to make available to Agency staff and/or any party designated by the Agency any and all contract related records and documentation.The Contractor shall ensure the collection and maintenance of all program related information and documentation on any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. J. CERTIFICATION REGARDING INSPE( 'IION OF PUBLIC RECORDS 1. In addition to the requirements of Section 10 of the Standard Contract, sections 119.0701(3) and (4)F.S.,and any other applicable law,if a civil action is commenced as contemplated by section 119.0701(4),F.S.,and the Agency is named in the civil action, Contractor agrees to indemnify and hold harmless the Agency for any costs incurred by the Agency and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119,F,S.,concerning this contract or services performed thereunder. a.Notwithstanding section 1 19.0701,P.S.,or other Florida law, this section is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in section 768.28(2),F.S. 2, Section 119.01(3), F.S., states if public funds are expended by an agency in payment of dues or membership contributions for any person,corporation,fonnclation, trust,association,group,or other organization,all the financial, business,and membership records of such an entity which pertain to the public agency (Florida Department of Elder Affairs) are public records.Section 119,07,F,S,states that every person who has custody of such a public record shall permit the record to be inspected and copied by any person desiring to do so,under reasonable circumstances. Pnge 42 of 56 16D 2 (July 2021 -June 2022) CCE 203,21 Additionally,I certify this organization does ® does not 0 provide for institutional memberships. Contractor's signature below attests that records pertaining to the dues or membership application by the Agency are available for inspection if applicable,as stated above. By execution of this contract, Contractor must include these provisions (A-J) in all related subcontract agreements (if applicable), By signing below,Contractor certifies that the representations outlined in parts A through J above are true nod correct, 3339 Tam iami Trail E Suits 211 Signature and Title of Autlterize�Represcutattve Street Address Daniel R Rodriguez r Collier County Board of County Commissioners Naples, Fl.34 112 Contractor Q4 hate City,State,Zip code Approved as to form and legality At County Attorney Page 43 of 56 0 c_j 16 11 (July 2021 -June 2022) CCC 203.21 ATTACHMENT IV ASSURANCES— NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average nuty-five(45)minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget. Paperwork Reduction Project(0348-0043), Washington,DC 20503. • PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET,SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY, Note; Certain of these assurances may not be applicable to your project or program. I f you have questions please contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to additional assurances, If such Is the case,you will be notified, 1. Has the legal authority to apply for federal assistance,and the institutional,managerial and financial capability (including f;:ads sufficient to pay the non-te,':raI 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 Comp('oiler General of the United States,and if appropriate,the state,through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3, Will establish safeguards to prohibit employees from using their positions for a purpose dial constitutes,or presents the appearance of,personal or organizational conflict of interest or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C,h'.R.900, Subpart 1?), 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of race,color or national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S,C. § 794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975,as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(g)Sections523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968(42 U.S.C. §360I et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s)which may apply to the application. 7. Will comply,or has already complied,with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs.Those requirements apply to all interests in real property acquired fo:project purposes regardless of federal participation in purchases. Page 44 of 56 16D 2 (July 2021-June 2022) CCE 203.21 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 9. Will comply, as applicable, with the provkions of the Davis-Bacon Act(40 U.S,C, §§276a to 276a-7), the Copeland Act(40 U.S.C, §276c end 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.I-,. 93.2.34) 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 11101C. l I, Will comply with environmental stand.uJs which may be prescribed pursuant to the following: (a) institution of envimnrlontal quality control measures under the National Environmental Policy Act of 1969 (P.L, 91-190) and Executive Order(EO) [1514; (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 the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq,); (f)conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear 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 Seattle 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 the awarding agency in assuring compliance with Section 106 of the National 1 Pstoric Preservation Act of 1966, as amended (16 U.S.C, § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and 1-Historic Preservation Act of 1974(16 U.S.C. §469a-1 et seq.), 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S,C. § 2131 et seq.) pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching, or other activities supported by this award of assistance. 16, Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. § 4801 et seq.),which prohibits the use of lead-based paint in construction or rehabilitation of residence structures, l7, Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Ac.. Amendments of 1996 and 2 CFR Part 200, 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. SIGNA'1t iRE Or AUTHf It1L4,D CERTIFYING OFFICIAL TITLE _ — - Public Service Department Head APPLICANT ORGANI'ZA't ION DATE SUBMITTED Collier County Board of County Commissioners 02!--.- /2021• Approved as to form and legality r• Page 45 of56 Assistant County Attorney 16 2 (July 2021 -June 2022) CCE 203,21 ATTACHMENT V FLORIDA DEPARTMENT OF ELDER Al"b'AIRS CIVIL RIGHTS COMPLIANCE (:11ECKLIST Progrten/Fncility Name County AAA/Contractor Address -------- Completed By ----------.- . City,State,Zip Code Date Telephone PART 1:READ THE ATTACHED INSTRUCTIONS UCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE THIS FORM. I, Briefly describe the geographic area served by the program/facility and the type of service provided; Total % % % % !For questions 2-5 please indicate the following: White Black Hispanic Other Female. Disabled Over Ott 12,Population of men served Source of dntn: 3,Staff currently employed Effective date: d.Clients currently enrol Ic,t:'rccistcrcd Effective date: 5.Advisory/Governing Board if applicable r PART II: USE A SEPARATE SHEET OF PM'I;R FOR ANY EXPLANATIONS REQL I lUNG M()IMORE SPACE, IF N/A or NO,EXPLAIN. 6, Is an Assurance of Compliance on file with DOEA? N/A YES NO ❑ ❑ ❑ 7. Compare the staff composition to the population. Is staff representative of the population? N/A YES NO ❑ ❑ ❑ 8, Are eligibility requirements for services applied to clients and applicants without regard to race,color,national N/A YES NO origin,sex,age,religion,or disability? ❑ ❑ ❑ 9, Are all benefits,services and facilities available to applicants and participants in an equally effective manner N/A YES NO regardless of race,sex,color,age,national,origin,religion,or disability? ❑ ❑ ❑ 10, For in-patient services,are room assignments made without regard to race,color,nalional origin or disability? N/A YES NO ❑ ❑ ❑ 11, Is the program/facility accessible to non-English speaking clients? N/A YES NO -- ❑ ❑ ❑ 12.Are employees, applicants and participant:,informed of their protection against discrimination?If YES,how? N/A YES NO Verbal❑Written❑Poster❑ ❑ ❑ 0 Page 46 of 56 160 2 (July 2021 -June 2022) CCE 203.21 13.Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER against the program/facility. ❑ 14. Is the program/facility physically accessible to mobility,hearing,and sight-impaired individuals? N/A YES NO ❑ ❑ ❑ PART III:THE FOLLOWING QIJESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 Ott MORE EMPLOYEES,Ili NO, EXPLAIN. 15,Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO necessary modifications? ❑ 16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO ❑ ❑ 17.Has a person been designated to coordinate Section 504 compliance activities? YES NO ---- ❑ ❑ IS.Do recruitment and notification materials advise applicants,employees,and participants of nondiscrimination on YES NO the basis of disability? ❑ 19.Are auxiliary aids available to ensure accessibility of services to hearing and sight-impaired individuals? YES NO ❑ ❑ PART IV:FOR PROGRAMS OR FACILITIES MMTH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF$50,000,00 OR MORE. 20. Do you have a written affirmative action plan? If NO,explain. YES NO ❑ ❑ MENEM Reviowoc ❑ T in Compliance: YES NO* D Program Office *Notice of Corrective Action Sent / / Dale TeicphoneResponse Due / / On-Site Desk Review Response Received / / •�J Page 47 of 56 11 2 (July 2021 -June 2022) CCE 203.21 ATTACHMENT V INSTRUCTIONS FOR 'i'tl:ls CIVIL RIGHTS COMPLIANCE CHECKi.IST 1, Describe the geographic service area such as a district, county, city, or other locality, If the program/facility serves a specific target population such as adolescents, describe the target population, Also, define the type or service provided. 2. Enter the percent of the population served by race,sex,disability,and over the age of 40,The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race,sex, disability, and aver the age of 40. include the effective date of your summary. 4, Enter the total nun,'ier of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race,sex,disability,and over the age of 40. Include the date that enrollment was colleted. a, Where :here is a significant variation between the nice,sex, or ethnic composition of the clients and their availability in the population, the program/faeilily has the responsibility to determine the reasons for such variation and take whatever action may be neces..uy 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, disability,and over the age of 40. If there is no advisory or governing board,leave this section blank. 6, Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR Part 80.This is usually a standard part of the contract language for DOEA Recipients and their Sub-grantees, 45 CFR§ 80,4(a), 7. Is the race,sex,and national origin of the staff reflective of the general population? For example,if 10%of the population is Hispanic,is there a comparable percentage of Hispanic staff? 8. 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 )et were denied services or employment. 45 CFR §80.3(a)and 45 CFR § 80.1. 9. 1',tlieipants or clients must be provided services such as medical, nursing, and dental care, laboratory services, physical and recreational therapies, counseling, and social services without regard to race, sex, color, national origin, religion, age, or disability. Courtesy titles, appointment scheduling,and accuracy of record keeping must be applied uniformly and without regard to race, sex,color, national origin,religion,age, or disability. Entrances,waiting rooms, reception areas,restrooms,and other facilities must also be equally available to all clients, 45 CFR § 80.3(b). 10, For in-patient services,residents must be assigned to rooms,wards,etc,,without regard to race,color,national origin,or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race,color,national origin,or disability. 45 CFR§ 80.3(a). 11, The program/facility and all services must be accessible to participants and applicants,including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services. 45 CFR§ 80.3(a), 12, Programs/facilities must make information regarding the nondiseriminatoiy provisions of Title VI available to their participants, beneficiaries,or any other interested parties,45 CFR§ 80.6(d).This should include information on their right to file a complaint of discrimination with either the Agency or the U.S. Department of Health and Human Services, The information may be supplied verbally or in writing to every individual or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 13, Report number of discrimination complaints filed against the program/facility. indicate the basis (e.g, race,color, creed, sex, age, national origin, disability, and/or retaliation) and the issues involved (e.g. services or employment, placement, Page 48 of 56 16 (July 2021-June 2022) CCE 203,21 termination,etc.), Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state,or federal agency with whom the complaint has been filed. Indicate the current status of the complaint (e.g. settled,no reasonable cause found,f;i ilure to conciliate, failure to coo;;crate,under review,etc.). 14, The program/facility must be physically accessible to mobility,heating,t,r,d sight-impaired individuals, Physical accessibility includes designated parking areas,curb cuts or level approaches,ramps,and adequate widths to entrances. The lobby,public telephone, restroom facilities, water fountains,and information and admissions offices should be accessible. Door widths and traffic areas of administrative offices,cafeterias,restrooms,recreation areas,counters, and serving lines should be observed for accessibility. Elevators should be observed for door width and Braille or raised numbers. Switches and controls for light, heat,ventilation,fire alarms,and other essentials should be installed at an appropriate height for mobility impaired individuals. 15. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal `inancial assistance conduct a self- evaluation to identify any accessibility barriers. Self-evaluation is a four-step process: a. }valuate, \milli the assistance of disabled individual(s)/orgailization(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 list of the interested persons cons.ilted,a description of areas examined, and any problems 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 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, bciieficiaries, applicants, and employees that the program/facility does not discriminate on the basis of handicap in violation of Section 504 and Part 84 of'I itle 45, CFR. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in publications of the programs or facilities, and distribution of memoranda or other written communications, 45 CFR§84,8(a), 19. Programs or facilities that employ 15 or more persons shell provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills where necessary to afford such persons an equal opportunity to benefit from the service in question. Auxiliary aids may include, but are not limited to, broiled and taped materials, interpreters, and other aids for persons with impaired hearing or vision. 45 CFR§ 84.52(4 20. Programs or titcilities with 50 or more employees and S50,000,00 in federal contracts must develop, implement, and maintain a written affirmative action compliance program in accordance with Executive Order 11246,41 CFR Part 60 and Title VI of the Civil Rights Act of 1964,as amended. Page 49 of 56 16D 2 0 N U ++ a+ 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 i 1 ) . A O 0 Ws a 4fh I . fl +Pr itt vr ift +A A& V 69. lA. Al,- {Jt bT vt• 0 I F = a, o 1-' �v p u" o I- 4 t ti i i 1 1 c i o A uE I 1 ► 1i ! 1 H I u m 1 , + A i 1 a iI 1 ; I i c a I ! I 1 i o.� ; i f I 0 o sc iz ) V 1 w ° �1 "4 I i• ! 1 1 , 1 i I a I I • 1 I . l i i l i o � � � li ' j � ► Ii ! IIII C. H ,- o Wg I I i i i 1 bD a o i ; i a a` O A. u i 1 ! l 1 .. I. 1 j i 1 !f 1111 i . f l i t 1 I I 1R 0 to i H I I I 1 1_ . , i t 11.. U cE H I 1-:1 0 L II 1 I 1 z _ E I I • I j I 1 I .tea �o E (ID P g E I I 1 I z (i) a u° t 1 I l itz 0 1 I I I I o I 1 Cd I N b H ea .. ; I I_ -I U o fI_ N j MIcrIMI�IIIOOIelIQb:14i*IMIHl -11*^'�I� r--) RI N III ii 1 4 el ,-)›, ua 0 160 2 (July 2021 -June 2022) CCE 203.21 BACKGROUND SCREENING Ron DeSnutis Governor Dena,tmont or ELDER AFFAIRS Richard P,„do,n STATi:Or PLaR!DA Seerar,ry ItACKGROI JNUSCRUN[NG Attestation of Compliance-Employer AUTHORITY:Tlris form Is required annually of all empluyt'rs to comply with the attestation requirements set forth in section 435.05(3),Florida Statutes. Y The term"employer"means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, I.c;uf Agencies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs (DOEA), and any other person or entity which hires employees or has volunteers hi service who meet the definition ofa direct service provider.See§§435.02,430.0402,Fla.Stat. A direct service provider is"a person 18 years of age or older who,pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client W'h'!e providing services to the client and has access to the client's living area, funds, personal property, or personal identification information as defined hi s. 817,568. The term includes coordinators, managers, and supervisors of residential facilities and voluntt rt §430.0402(I)(b),Fla.Stat, ATTESTATION: As the duly authorized representative of Employer Name located at. Street it ddre. City Stale ZIP code I, do hereby affirm under penalty of Name of Representative perjury that the above-named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes,regarding level 2 background screening. Signature of Representative Date DOM+t Form 235,.Nteslar[on of Coopllnace-Employe,:Effective Januarp 19,2021 Sec don 435,05(3f, FS.Foam available err:ltr p; dernf/trlrs,rlate.lt us/erurir41 o rlscreerttrfg,plrp Page 51of56 16 2 (July 2021 -June 2022) CCE 203.21 ATTACHMENT VIII ANNUAL BUDGET SUMMARY CCE Collier County Board of County Contissioners 1. CCE Services Allocation $1,000,993.48 Total $1,000,993,48 Page 52 of 56 a � 160 2 (July 2021 -June 2022) CCE 203,21 ATTACHMENT IX INVOICE REPORT SCHEDI1l,E Report Number Based On Submit to Agency on This Date I July Advance* July 1 2 August Advance* July 1 3 July Invoice August 11 4 August Invoice September 11 5 September Invoice October 11 6 October Invoice November 11 7 November Invoice December 11 8 December Invoice January 11 9 January Invoice February 11 10 February Invoice March 11 I I March Invoice April 11 12 April Invoice May 11 13 May Invoice June 11 14 June Invoice July 11 15 Final Invoice July 25 Legend: * Advance based on projected cash need, Note# I: Report #1 for Advance Basis Agreements cannot be submitted to the Area Agency Aging for Southwest Florida,Inc, prior to July 1 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#2: Report numbers 5 through 14 shall reflect an adjustment of at least one-tenth of the total advance amount,on each of the reports,repaying advances Issued the first two months of the agreement.The adjustment shall be recorded in Part C, 1 of the report Note 113: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency, payment is to accompany the report. Page 53 of 56 i6fl 2 (July 2021 -June 2022) CCE 203,21 ATTACHMENT X REQUEST TOR PAYMENT COMMUNITY CARE FOR THE ELDERLY RECIPIENT NAME,ADDRESS,PHONES rand FEIDN TYPE OF PAYMENT: Contract 1/ Regular Contract Period Report Period Advance Report Invoice f1 PSA CERTIFICATION: I hereby certify to the best of my knowledge that this request or refund conforms with the terms and the purposes of the above contract, Prepared by:.�_ __ __ Date: Approved by: Dale: PART A: BUDGET SUMMARY CCE Admin. CCEServlces TOTAL 1.Approved Contract Amount $ 0.00 $ 0,00 $ 4QS 2.Previous Funds Received for Contract Period $ 0.00 $ 0.00 S . (1,00 3.Contract Balance(he 1 minus line 2) $ 0,00 $ 0.00 $_ — 4.Previous Funds Requested end Not Received for Contract Period $ 0.00 $ 0.00 $ (1,OQ 5.CONTRACT(BALANCE line 3 minus lino 4) $ 0,00 $ 0,00 $ 0.0p PART B: CONTRACT FUNDS REQUEST 1.Anticipated Cash Need(let-2nd months) $ a q0 $ 0.00 $ 0.0( 2.Nei Expenditures For Month $__ _ 0,00 $ . _ 0.00 $ 0.0( (DOEA Foam 106C,Part B,Line 4) 3.TOTAL $ 0.00 $ 1102 $ O.OQ PART 0: NET FUNDS REQUESTED 1.Less Advance Applied $ 0,00 $ n,Ofi $ _0.00 2.TOTAL FUNDS REQUESTED(Pert a Line 3,minus Fart C Line t) $___ _. ____.9.00 i.._ _0,00 $ 0.00 List of Services I Unite/Rates provided-See attached report. DOER FORM 106C Revised 00/00/10 Page 54 of 56 pp- 0 160 2 (Jury 202I -June 2022) CCE 203,21 ATTACHMENT XI RECEIPT AND EXPENDITURE REPORT PROVIDER NAME, ADDRESS, PHONE 0 and FEIU Program Funding: Contract CCE Admin. Contract Period CCE Services __ Report Period PSA Report# Invoice# CERTIFICATION: I certify to the best of my knowledge and belle?that the report Is complete and correct and all outlays herein are for purposes set forth In the contract, Prepared by: Dale; Approved by: Date: PART A:BUDGETED INCOME/ RECEIPTS 1.Approved 2. Aolual Receipts 3.Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budgai 1, State Funds i $0.00 $0,00 $0.00 4DIV/01 2.Program income $0.00 $0.00 $0.00 #DIV/01 3. Local Cash Match $0.00 $0.00 $0.00 #D)V/01 4. SUBTOTAL:CASH RECEIPTS 5. Local In-Kind Match 6, TOTAL RECEIPTS $0.00 $0.00 $0.00 IIOIV/01 PART B: EXPENDITURES 1.Approved 2. Expenditures 3.Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1,Administrative Services $0.00 $0.00 $0,00 #DIV/01 2. Service Subcontractor(s) $0.00 $0.00 $0.00 IIDIV/01 3.Adult Protective Services $0.00 $0.00 $0.00 IIDIV/01 4.TOTAL EXPENDITURES $0.00 $0.00 $0.00 I/DIV/01 PART C:OTHER REVENUE AND EXPENDITURES II. Interest; III,Advance Recouped I, Program Income(PI) 1. Earned on GR Advance$ $ 1.CCE:P1 Collected YTD $ 2, Return of GR Advance $ (includes fees collected) 3. Other Earned $ PART D : CO-PAYMENTS CURRENT MONTH YEAR-TO-EMU 1. Total of Co-payments assessed $ $ 2.Total of Co-payments collected $ $ (For Tracking Purpose 5 only) DOEA FORM 106c Rodsed Oet10l10 Page 55 of 56 160 2 (July 2021-June 2022) CCE 203,21 ATTACHMENT XII SERVICE RATE REPORT FY 2I/22 METHOD OF SERVICE REIMBURSEMENT PAYMENT UNIT TYPE UNIT RATE ADULT DAYCARE $14.09 Fixed Fee/Unit Rate HOURS CASE AIDE $30.50 Fixed Fee/Unit Rate HOURS CASE MANAGEMENT $54.00 Fixed Fee/Unit Rate HOURS CHORE $21.77 Fixed Fee/Unit Rate HOURS CHORE(ENHANCED) $36.00 Fixed Fee/Unit Rate HOURS COMPANIONSHIP $21.00 Fixed Fee/Unit Rate HOURS EMERGENCY ALERT RESPONSE $1.35 Fixed Fee/Unit Rate 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 Fixed Fee/Unit Rate HOURS PEST CONTROL (MAINTENANCE) $50.00 Fixed Fee/Unit Rate HOURS 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, Cost Reimbursement Cost Reimbursement EPISODE SERVICES, AND SUPPLIES _ TELEPHONE REASSURANCE $13,40 Fixed Fee/Unit Rate EPISODE TRANSPORTATION Cost Reimbursement Cost Reimbursement TRIPS Page 56 of 56 160 2 Revised August 2007 Attestation Statement Agreement/Contract Number CCE 203.21 Amendment Number NA I, Dguiel R Rodriguez ,attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and Collier County Board of County Commissioner., (Recipient/Contractor name) The only exception to this statement would be for changes in page formatting,due to the differences in electronic data processing media,which has no affect on the agreement/contract content. 07/ ,2021 Signature of Reeiprer l n tracttsr representative Date Approved as to form and legality Assistant County Attorney Revised August 2007 (July 2021-June 2022) HCE 203.21 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. I6U 2 HOME CARE FOR THE ELDERLY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS CONTRACT 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. Suhgrantce. or Suhrecipicnt. 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 pertivm such services as an independent Contractor ofthe Agency. NOW THEREFORE, in consideration ofthe 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, Purpose o f Con tract: The purpose ofthis contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments. forms. and exhibits which constitute the contract document. 2, Incorporation of Documents within the Contract: The contract will incorporate attachments. proposal(s), state plan(s). grant agreements. relevant Agency handbooks. manuals and/or desk books. as an integral 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 party required to sign it. whichever is later. It shall end at eleven fifty-nine(11 :59)P.M.. Eastern Standard Time June 30,2022. 4 Contract Amount: The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $55,537.61, subject to the availability offunds. Any costs OF services paid for under any other contract or fbm any other source arc not eligible for payment under this contract. 5 Renewals: By mutual agreement ofthe Parties, in accordance with Section 287.058(1)(g), Florida Statutes I N.S.). the Agencymay renew the contract for a period not to exceed three years. or the term ofthe original contract. whichever is longer.The renewal price, or method for determining a renewal price, is set faith in the hid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability offunds. 6, Compliance with Federal Law: 6.1 I(this contract contains federal funds this section shall apply. 6.1.1 '[he Contractor shall comply with the provisions o f 45 Code o f Federal Regulations (CFR) Part 75 and/or 45 CFR Part 92. 2 CFR Part 200. and other applicable regulations. 6,1.2 I f 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 ofthe Clean Air Act as amended(42 United States Code (U.S.C.) § 7401, ct seq.). Section 5O8 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 15(10. The Contractor shall report any violations ofthe above to the Agency. 6.13 Neither the Contractor nor any agent acting on behalf()fthe 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 forms as required. specifically the .1 uf.58 (July 2021 -June 2022) HCE 203.21 Certification and Assurances Attachment, which must be completed and returned to the Contr;i &iiagcr p prior to the execution of this contract. 6.1,4 In accordance with Appendix 11 to 2 CFR Part 200, the Contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulations 4: Cflt Part 60 and in Department of Health and Human Services regulations 45 CFR Part 92, it'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 (OM13) guidelines at 2 CFR Part 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension," The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, us well as parties declared ineligible under statutory or regulatory authority other than Executive C)rdcr 12549. The Contractor shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract, The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execution of this contract. 6.2 The Contractor shall not employ an unauthorized alien, The Agency will consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. § I 324a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. § 1101). Such violation will be cruse for unilateral cancellation of this contract by the Agency. 6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (iRS) tax exempt organization reporting requirements (filing a Form 990 or Form 990-N), and has its lax exempt status revoked for tailing to comply with the Cling requirements of'the Pension Protection Act of 2006 or for any other reason,the Contractor must notify the Agency in writing within thirty(30)days of receiving the IRS notice of revocation. 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR § 170.110(b), the Contractor shall comply with the reporting requirements of'the Transparency Act as expressed in 2 CFR Part 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 1 1-1 16, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verily the employment of all new employees hired by Contractor during the contract term. Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state contract utilize the I;-verify system to verify employment of all new employees hired by the Subcontractor • during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7. Compliance with State Law: 7.1 'Ibis contract is executed and entered into in the State of Florida,and shall he construed, performed,and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws, 7.2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, 1 .S., and Section 215,971, F.S., and expenditures must be in compliance with laws, rules, and regulations including, but not limited to,the Reference Guide for State expenditures, 7.3 The Contractor shall comply with the requirements of Section 287.058, F'.S„as amended. 7.3.1 The Contractor shall perform all tasks contained in Attachment I. 7,3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, us specified in Attachment I, to be received and accepted by the Agency Contract Manager prior to payment. 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must he met for completion of this contract as specified in Attachment 1, Section 111, Method of Payment. 7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. �i 2 of-5.S (Jul 2021 -June 2022) HCE 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 in Section 119,01 1(1:2), F.S., made or received by the Contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision will constitute an immediate breach of contract for which the Agency may unilaterally terminate this contract. 7A4 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427,F.S,,and Rule Chapter 41-2,Florida Administrative Code(F.A.C_). 7,5 Subcontractors who are on the Discriminatory Vendor I,ist may not transact business with any public entity, in accordance with the provisions of Section 287.134,F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216,347, 1 .S,, which prohibit the expenditure of contract funds 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. Background Screening: The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are met regarding background screening for all persons who meet the definition of'a direct service provider and who are not exempt from the 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 implementation of Section 430,0402 and Chapter 435, F,S. To demonstrate compliance with this provision, Contractor shall submit the Background Screening Affidavit of Compliance (Screening Form) to the Agency within thirty (30) days of execution of this contract. Should the Agency have a completed Screening Form on file for the Contractor,a new Screening Form will be required every twelve(12)months. 8.1 Further information concerning the procedures for background screening may be found at http://eldernffairs.state.f1.us/doca/backgroundscreenin&php. 9. Grievance Procedures: The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(s) and to address complaints regarding the termination,suspension or reduction of services,as required for receipt of funds. 'These procedures,at a minimum,will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor's determination(s). 10. Public Records and Retention: 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S.; and any other applicable law,and shall: 10.1,1 Keep and maintain public records required by the Agency to perform the contracted services. 10,1,2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested records or allow the records to be inspected or copied within a reasonable time at n cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Agency. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the Agency, all public records in possession of the Contractor to the Agency or will keep and maintain public records required by the Agency. If'the Contractor transfers all public records to the Agency upon completion of'the contract, Contractor shall destroy any duplicate public records that are exempt,or confidential and exempt, 3 iti5fi (July 21)21 -June 2022) HCE 203.21 1 b__D . .2 from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must he provided to the Agency in a format that is compatible with the information technology systems of the Agency. 10.2 The Agency may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 211(a) of Article I of the State Constitution and Section 119.07(1), ES, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida,Inc. 2830 Winkler Ave Suite 112 Ft Myers,Florida 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 arc exempt, or confidential and exempt, from public records disclosure requirements, All records stored electronically shall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 11. Audits,Inspections,Investigations: 11.1 The Contractor shall establish and maintain hooks,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 arc used solely for the purposes authorized under this contract. Whenever appropriate, financial information should he related to performance and unit cost data. 11.2 The Contractor shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents(including electronic storage media) pertinent to this contract for a period of six(6)years after completion of the contract, or longer when required by law. In the event an audit is required by this contract, records shall be retained for n minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract,at no additional cost to the Agency. 11.3 Upon demand,at no additional cost to the Agency, the Contractor shall facilitate the duplication and transfer of any records or documents during the required retention period. 11,4 The Contractor shall ensure that the records described in this section will be subject at all reasonable times to inspection,review,copying,or audit by federal,state, or other personnel duly authorized by the Agency. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Agency and federal auditors, pursuant to 45 CFR Part 75, shall be allowed full access to and the right to examine any of the Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11.6 The Contractor shall provide a hinancial and Compliance Audit to the Agency as specified in this contract and ensure that all related third-party transactions are disclosed to the auditor. 11.7 Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or heating 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 0 (Jule 2021 -June 21122) HCE 203.21 16 D-- - 2 cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to Section 20.055(5), F.S. By execution of this contract the Contractor understands and will comply with this subsection. 11.8 In accordance with Executive 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 an entity that,through contract or other agreement with the state,annually receives 50%or more of their budget from the State or from a combination of State and Federal funds. Any Contractor that meets one or both of the criteria listed must submit an annual report, including the most recent IRS Form 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 include total compensation including salary,bonuses,cashed-in leave,cash equivalents, severance pay, retirement benefits,deferred compensation, real-property gills, 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 ofcompcn:;ation comes directly from the State or Federal allocations to the contracted entity. 12, Nondiscrimination-Civil Rights Compliance: 12.1 The Contractor shall execute Assurances as stated in the Assurances-Non-Construction Programs Attachment that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion,color, disability, national origin, marital status, or sex in compliance with state and federal law and regulations. The Contractor further assures that all Contractors, Subcontractors, Sub-grantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion,color, disability,national origin,marital status,or sex. 12,2 During the term of this contract,the Contractor shall complete and retain on file a timely,complete,and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures 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 financial assistance,and are binding upon the Contractor,its successors,transferees,and assignees for the period during which such assistance is provided. The Contractor further assures that all Subcontractors,Vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the any statutes, regulations, guidelines, and standards. in the event of failure to comply, the Contractor understands that the Agency may,at its discretion, seek a court order requiring compliance with the terms ofthis 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: 'I'he Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers, documents, facilities, goods, and services of the Contractor which are relevant to this contract, and to interview any clients, employees, and Subcontractor employees of the Contractor to assure the Agency of the satisfactory performance of the terms and conditions of this contract. Following such review, the Agency will provide a written report of its findings to the Contractor and, where appropriate, the Contractor shall develop a Corrective Action Plan (CAP). The Contractor hereby agrees to correct all deficiencies identified in the CAP in a timely manner as determined by the Agency's Contract Manager. 14. Provision of Services: The Contractor shall provide services in the manner described in Attachment I. 0 r 5of54 (duly 2021 -,luny 2022) NCE 203.21 i 6D ---2 15, Coordinated Monitoring with Other Aecncies: If the Contractor receives funding from one or more State of Florida human service agencies, in addition to the Agency, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of this contract, and pursuant to Section 287.0575, I'.S., as amended, Florida's human service agencies shall include the Agency, the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, and the Department of Veterans'Affairs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors,and/or investigators. 16. New Contract(s)Reporting: The Contractor shall notify the Agency within ten (10)days of entering into a new contract with any of the remaining four (4)state human service agencies.The notification shall include the following information: (I)contracting state agency and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end • dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S,, as amended, the Contractor shall complete the Contractor's State Contracts List attached to this contract. 17, Indemnification: The Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and employees from any and all claims, demands, actions, and causes of action of whatever nature or character arising out of,or by reason of, the execution of this contract or performance of the services provided for herein. it is understood and agreed that the Contractor is not required to indemnify the Agency for claims, demands, actions, or causes of action arising solely out of the negligence of the Agency. 17,1 Except to the extent permitted by Section 768.28, F.S.,or other Florida law, this Section 17 is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in Section 768.28(2), F.S. 18. Insurance and Bonding: 18.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) end extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by Section 768.28(2), I'.S.,the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract. The Contractor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of this contract. Such coverage may he provided by a self-insurance program established and operating under the laws of the State of Florida. The Agency reserves the right to require additional insurance as specified in this contract. 18.2 Throughout the term of this contract, the Contractor shall maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees, and agents of the Contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company, and consistent with good business practices. 19. Confidentiality of Information: The Contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 20. Health Insurance Portability and Accountability Act: 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 thereunder(45 CFR Parts 160, 162,and 164). 21. Incident Reporting: 21.1 The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor's or Subcontractor's 0 U • 6 or 58 (July 2021 -June 2022) HCE 203.21 ability to perform the services required to be performed under this contract. Such notice shall be made orally to the Agency's Contract Manager(by telephone) with an email to immediately follow, 21.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (I-800-96AB11SE). As required by Chapters 39 and 415, F,S.,this provision is binding upon the Contractor,its Subcontractors,and their employees. • 22. Bankruptcy Notification: During the terns of this contract, the Contractor shall immediately notify the Agency if the Contractor, its assignees, Subcontractors, or affiliates file a claim for bankruptcy, Within ten (10) days oiler notification, the Contractor must also provide the following information to the Agency: (I) the date of filing of the bankruptcy petition; (2) the case number; (3) the court name and the division in which the petition was filed (e.g., Northern District of Florida, Tallahassee Division);and(4)the name,address,and telephone number of the bankruptcy attorney. 23. Sponsorship and Publicity: 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 Elder Affairs." If the sponsorship reference is in written material, the words"State of Florida,Department of Elder Affairs"shall appear in at least the same size letters or type as the name of the organization. 23.2 The Contractor shall not use the words"State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific written authorization has been obtained by the Agency prior to such use. 24. Assignments: 24.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written approval of the Agency. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the Agency shall constitute a material breach of the contract. to the event the State of Florida approves assignment of the Contractor's obligations,the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.2 The State of Florida is,at all times,entitled to assign or transfer,in whole or part, its rights,duties,or obligations under this contract to another governmental agency in the State of Florida upon giving prior written notice to the Contractor. 24.3 This contract shall remain binding upon the successors in interest of the Contractor and the Agency. 25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall he evidenced by a written document and subject to any conditions of approval the Agency deems necessary. The Contractor further agrees that the Agency will not be liable to the Subcontractor in any way or for any reason. The Contractor,at its expense,shall defend the Agency against any such claims. 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Agency or other state agency. Failure to make payments to any Subcontractor in accordance with Section 287,0585, F.S,, unless otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty as provided by statute. 26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the. Contractor and any of its Subcontractors are independent Contractors and are not employees of the Agency, and 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 nut control the employment practices of the Contractor and will not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the ti 7 oi58 (July 2021 -June 2(122) ME 203.21 ib - 1l 2 Contactor or its Subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance tier the Contractor are the sole responsibility of the Contractor. 27. Payment: Payments shall be made to the Contractor for all completed and approved deliverables (units of service)as defined in Attachment 1. The Agency Contract Manager will have final approval of the Contractor's invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract,unless the bid specifications,purchase order,or this contract specify otherwise. The approved invoice will be submitted to the Agency's finance section tbr budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of Section 215.422, F.S. A Vendor Ombudsman has been established within the Florida Department of Financial Services and may be contacted at 800-342-2762. 28, Return of Funds: The Contractor shall return to the Agency any overpayments due to unearned funds or funds disallowed, and any interest attributable to such funds pursuant to the terns and conditions of this contract, that were disbursed to the Contractor by the Agency. in the event that the Contractor or its independent auditor discovers that an overpayment has been made, the Contractor shall repay said overpayment immediately without prior notification from the Agency. in the event that the Agency first discovers an overpayment has been made, the Agency Contract Manager will notify the Contractor in writing of such findings. Should repayment not be made forthwith, the Contractor shall he charged at the lawful rate of interest on the outstanding balance pursuant to Section 55.03,F.S., after Agency notification or Contractor discovery. 29. Data Integrity and Safeguarding Information: The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system,The security over the hacked-up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements,Grants,Loans,and Cooperative Agreements prior to the execution of this contract. 30. Computer Use and Social Media Policy: The Agency has implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to all 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, Wogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing, social networks like MySpace, Facebook and Twitter, as well as content sharing networks such as flicks and You tube. This policy is available on the Agency's website at: http://elderaffairs.state.fl,us/doea/financialphp. 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the selection or in the award of a contract supported by state or federal funds if a conflict of interest,real or apparent,would be involved. Such a conflict would arise when: (a)the employee, officer or agent;(b)any member ot'hislhcr immediate family;(c)his or her partner;or(d)an organization which employs,or is about to employ,any of the above individuals, has a financial or other interest in the firm being selected for award. The Contractor's or Subcontractor's officers, employees,or agents will neither solicit nor accept gratuities, favors,or anything of monetary value from Contractors, potential Contractors, or parties to Subcontracts. The Contractor's board members and management must disclose to the Agency any relationship which may be, or may be perceived to be,a conflict of interest within thirty(30)calendar days of an individual's original appointment or placement in that position, or, if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of this contract. The Contractor's employees and U 8 i,f_s.8 (July 2021-June 2022) HCE 203.21 160 ._..2 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 submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the Convicted Vendor List. 33. Purchasint: 33.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section 413,036,F.S. 33.1.1 IT iS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OU'l', THIS CONTRACT SHALL BE PURCl1ASED FROM A NONPROFIT AGENCY FOR TIIE BLIND OR FOR THE SEVERELY HANDICAPPED THAT 1S QUALIFIED PURSUANT TO CI APTER 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 TILE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALT., 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(1)and (4), F.S., the Contractor shall not be required to procure a product or service from RESPECT if; (a)the product or service is not available within a reasonable delivery time,(b) the Contractor is required by law to procure the product or service from any agency of the state,or(c)the Contractor determines that the performance specifications,price,or quality of the product or service is not comparable to the Contractor's requirements. 33.1.3 This act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by the Agency in accordance with its rules. 33.1,4 Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 33.2 The Contractor shall procure any recycled products or materials which arc the subject of',or arc required to carry out,this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065, F.S. 33.3 The Contractor 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 AGREED THAT ANY ARTICLES WHICH ARE 'l'1Th 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 FORTII IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTT TER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THiS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR TI-IiS 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-enterprises,org/. r� U 9 urSft (July 2021 -June 2022) HCE 203.21 33.4 The Contractor shall provide a Certified Minority Business Subcontractor Expenditure (CMBE) Report summarizing the participation of certified suppliers for the current reporting period and project to date. The CMBE Report shall include the names, addresses, and dollar amount of each certified participant, and a copy must be forwarded to the Agency, Division of Financial Administration, and must accompany each invoice submitted to the Agency, The Office of Supplier Diversity (850-487-0915) will assist in furnishing names of qualified minorities. The Agency's Minority Coordinator (850-414-2153) will assist with questions and answers.The CMBE Report is attached to this contract. 34.Patents,Copvriehts,Royalties: • If this contract is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract or in any way connected with this contract, or if ownership of any discovery, invention,or copyrightable material was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention, or copyrightable material to the Agency to be referred to the Department of State.Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S.Pursuant to Section 287.0571(5)(k), F,S,, the only exceptions to this provision shall he those that are clearly expressed and reasonably valued in this contract. 34.1 If the primary purpose of this contract is the creation of intellectual property,the State of Florida shall retain an unencumbered right to use such property,notwithstanding any agreement made pursuant to this Section 34, 34,2 If this contract is awarded solely federal funding,the terms and conditions are governed by 2 CFR §200,315 or 45 CFR § 75.322,as applicable. 34.3 Notwithstanding the foregoing provisions, if the Contractor or one of its Subcontractors is a university and a member of the State University System of Florida, then Section 1004,23, P.S., shall apply, but the Agency shall retain a perpetual,fully-paid,nonexclusive license for its use and the use of its Contractors,Subcontractors, or Assignees of any resulting patented,copyrighted,or trademarked work products. 35. Emereencv Preparedness and Continuity of Operations: 35.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients: or the administration and coordination of services necessary for client health, safety,or welfare,the Contractor shall, within thirty (30) calendar days of the execution of this contract, submit to the Agency Contract Manager, verification of an Emergency Preparedness Plan. In the event of 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 shall remain responsible for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. Equipment: 36.1 Equipment means:(a)tangible personal property(including information technology systems)having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or$5,000,00 [for federal funds- 2 CFR § 20033 and 45 CFR§75.2,as applicable],or(b);nonexpendable,tangible personal property of a nun-consumable nature with an acquisition cost of$5,000.00 or more per unit, and expected useful life of at least one (1) year; and hardback hound books not circulated to students or the general public, with a value or cost of$250.00 or more [for state funds]. 36.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards in compliance with 2 CFR Part 200 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular;(b)a procedure for conducting a physical inventory of equipment at least once every two (2)years; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment;and(d)maintenance procedures to keep the equipment in good condition.The property records must he maintained on 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, damage, or theft of equipment:l'he Contractor shall provide the results of the investigation to the Agency Contract Manager_ r� v t tt nf3.1 (July 2021 -June 2022) HCE 203.21 36.3 The Contractor's property management standards for equipment (including replacement equipment), whether acquired in whole or in part with federal funds and federally-owned equipment shall, at a minimum, meet the following requirements and shall include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date(or date received, if the equipment was furnished by the federal government); 36.3.6 Information from which one can calculate the percentage of federal participation in the cost of the equipment(not applicable to equipment furnished by the federal government); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost;and 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding agency for its share. 36.3,10 A physical inventory must be taken,and the results reconciled with the property records at least once every two(2)years. 36.3.11 A control system must he developed to ensure adequate safeguards to prevent loss, damage,or theft of the properly. 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 authorized or required to sell the equipment,proper sales procedures must he established to ensure the highest possible return. 36.4 Equipment purchased with federal funds with an acquisition cost over$5,000.00 and equipment purchased with state funds with an acquisition cost over$5,000.00 is part of the cost of carrying out the activities and functions of the grant awards and title (ownership) will vest in the Contractor [for federal funds see 2 CFR§ 200.313(a) and 45 CFR § 75.320(a), as applicable], subject to the conditions of 2 CFR Part 200 and/or 45 CFR Part 75. Equipment purchased under these thresholds is considered supplies and is not subject to property standards, Equipment purchased with funds identified in the budget attachments to agreements covered by this contract or identified in the sub-agreements with Subcontractors (not included in a cost methodology), is subject to the conditions of Chapter 273, F.S.,rule 60A-1.017, F.A.C., and 2 CFR Part 200 and/or 45 CPR Part 75. 36.5 The Contractor shall not dispose of any equipment or materials provided by the Agency or purchased with funds provided through this contract without first obtaining the approval of the Agency Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the Agency's Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition (late and condition of the property. The request should also indicate the Contractor's proposed disposition of the property (i.e., 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, the Contractor is authorized to proceed as directed in 2 CFR §200,313 or45 CFR § 75.320, as applicable. 36.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of the Agency. Real property purchases from Older Americans Act rinds arc subject to the provisions of Title 42,Chapter 35, Subchapter 111, Part A., Section 3030h United States Code(U.S.C.). Real property purchases from state funds can only he made through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of Section 216,348, F.S. . U Itof51 ;Juh 2021 -June 2022) HCE 203.21 ' F 6 ft_._ 36.8 Any permanent storage devices(e.g.: hard drives,removable storage media)must be reformatted and tested prior to disposal to ensure no confidential information remains, 36.9 The Contractor must adhere to the Agency's procedures and standards when purchasing Information Technology Resources (iTR) as part of any agreement(s) incorporating this contract by reference. An iTR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel, and facilities, The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the Agency upon request. The Contractor has the responsibility to require any Subcontractors to comply with the Agency's iTR procedures. 37. PUR 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at: http:/hr1vw,myflorida.com/apps/vhs/adoc/F7740 PUR1000,pdf In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract, the terms or conditions of this contract shall take precedence over the FUR 1000 Form, However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence, 38. Use of State Funds to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property arc contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five(5)years from the date of purchase or the completion of the improvements or as further required by law, 39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by the Agency Contract Manager, who shall reducethe decision to writing and serve a copy on the Contractor. 40. Financial Consequences: If the Contractor fails to meet the minimum level of service or performance identified in this contract, the Agency shall impose financial consequences as stated in Attachment I. 41.. No Waiver of Sovereign Immunity: Nothing contained in this contract is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may he applicable, 42. Venue: if any dispute arises out of this contract,the venue of such legal recourse shall be Leon County, Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Majenre: The Parties will not he liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeurc condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 45. Severability Clause: The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions arc severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract Appropriations: The Parties agree that the Agency's performance and obligation to pay under this contract arc contingent upon an annual appropriation by the Legislature, C' 12 if IS (July 2021 -June 2022) HCE 203.21 i6D 47. Addition/Deletion: The Parties agree that the Agency reserves the right to add or to delete any of the services required under this contract when deemed to be in the State of Florida's best interest and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 48. Waiver: The delay or failure by the Agency to exercise or enforce any of its rights under this contract will not constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 49. Compliance: The Contractor shall abide by all applicable current federal statutes, laws, rules, and regulations as well as applicable current state statutes, laws,rules and regulations. The Parties agree that failure of the Contractor to abide by these laws shall be deemed an event of default of the Contractor and subject the contract to immediate unilateral cancellation of the contract at the discretion of the Agency. 50, Final Invoice: The Contractor shall submit the final invoice for payment to the Agency no later than thirty (30) days after the contract ending date unless otherwise specified in Attachment I. If the Contractor fails to do so,all right to payment is forfeited and the Agency shall not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract shall be withheld until all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 51. Reneeotialions of Modifications: Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may he adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Agency's operating budget, 52, Suspension of Work: The Agency may, in its sole discretion, suspend any or all activities under the contract or purchase order, at any time, when in the interest of the State to do so. The Agency shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety(90) days,or any longer period agreed to by the Contractor, the Agency shall either: (I) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 53. Termination: 53.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate this contract in whole or in part when the Agency determines in its sole discretion that it is in the State's interest to do so.The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 53.2 Termination for Cause. The Agency may terminate this contract if the Contractor fails to: (I) deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of' the contract, (3) honor any term of the contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-I.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of Subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure. to perform is caused by the default of a Subcontractor at any tier,and if the cause of the default is completely beyond the control of both the Contractor and the Subcontractor, and without the fault or negligence of either, the 13 of iN `J (July 2021-June 2022) HCE 203.21 16 U 2 Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If,alter termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenience of the Agency, The rights and remedies of the Agency in this clause are in addition to any other rights and remedies provided by law or under the contract. 54. Electronic Records and Signature: l'he Agency authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract.A Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, Section 668.50, F.S. All electronic records must be fully audilable;are subject to Florida's Public Records Law,Chapter 119, P.S.; must comply with contract Section 29, Data integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the Contractor to the same extent as non-electronic records are retained and maintained as required by this contract. 54.1 The Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency only upon further written consent by the Agency. 54.2 Upon request by the Agency, the Contractor shall provide the Agency with non-electronic (paper) copies of records. Non-electronic (paper) copies provided to the Agency any document that was originally in electronic form with an electronic signature must identify the pctson and the person's capacity who electronically signed the document on any non-electronic copy of the document. 55. Contract Manager: The Agency may substitute any Agency employee to serve as the Agency Contract Manager. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK { u l.a.of58 (July 2021 -June 2022) HCE 203.21 56.Official Payee and Representatives(Names,Add resses,and Telephone Numbers): The Contractor name, as shown on page 1 of this Collier Count Board of County Commissioners a. contract,and mailing address of the official payee.to 3329 E Tamiami Trail,Building H whom the payment shall be made is: Naples,FI,34112 Kristi Smiting, Director The name of the contact person and street address Collier Count Board of County b. where financial and administrative records are Commissioners maintained is: 3329 E Tamianli Trail,Building H Naples,FL 34112 Kristi Sonntag,Director The name, address,and telephone number of the Collier Count Board of County Commissioners c. representative of the Contractor responsible for 3329 E Tatnianti Trail,Building H administration of the program under this contract is: Naples, FL 34112 239-252-2273 Area Agency on Aging for Southwest Florida, The section and location within the Agency where Inc. d. Requests for Payment and Receipt and Expenditure 2830 Winkler Ave, Suite 112 forms arc to be mailed is: Fort Myers,FL 33926 Richard Cocchieri, Director ofPinance The name,address,and telephone number of the 2830 Winkler Ave., Suite 112 e' Contract Manager for this contract is: tort Myers, FL 3�916 239-652-6922 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 Included: 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 agreements,either written or verbal,between the Parties. By signing this contract, the Parties agree that they have read and agree to tlx:entire contract. IN WITNESS WHEREOF,the Parties hereto have caused this fifty-seven(57) page contract to be executed by their undersigned officials as duly authorized. CONTRACTOR: COLLIER C AREA AGENCY,ON AGING FOR BOARD OF OUNTY CO S RS _ SOUTHWEST FLORIDA,INC. SIGNED B • SIGNED BY: NAME: Daniel R Rodriguez NAME: Norma Adorno TITLE: CEO Ce1•vicr•DFt�ArtroPnClIeAd --- DATE: 08/ 13 (202.L DATE: August 18.2021 ______ Federal-fax iU: 59-60000558 Approved as to for and legality ant County Attorney IS_oI$$ \' ' a (July 2021 -June 2022) HCE 203.21 INDEX OF ATTACHMENTS 16 D 2 ATTACHMENT I 17 STATEMENT OF WORK 17 ATTACHMENT Il 11 FINANCIAL AND COMPLIANCE AUDIT 31 ATTACHMENT III 37 CERTIFICATIONS AND ASSURANCES 37 ATTACHMENT IV 42 ASSURANCES—NON-CONSTRUCTION PROGRAMS 42 ATTACHMENT V 44 FLORIDA Deparlmenl of ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST 44 ATTACHMENT VI 48 C ONTRACTOR'S STATE CONTRACT LIST 48 ATTACHMENT VIII 50 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CMlJE FORM) 30 ATTACHMENT IX 52 ANNUAL MIDGET SUMMARY 52 ATTACHMENT X 53 INVOICE REPORT SCHEDULE 53 ATTACHMENT XI 54 REQUEST FOR PAYMENT 54 ATTACHMENT XII 55 RECEIPT AND EXPENDITURE REPORT 55 ATTACHMENT XIII 56 COST REIMBURSEMENT SUMMARY 56 ATTACHMENT XIV 57 SERVICE RATE, REPORT 57 16 of S8 (July 2021 -June2022) HCE 203.21 ATTACHMENT 1 STATEMENT OF WORK I. SERVICES TO RE PROVIDED A. Definitions of Terms Acronyms Activities of Daily Living(ADLs) Area Agency on Aging(AAA) Access Priority Consumer List (APCL) Adult Protective Services(AI'S) Code of Federal Regulations(CFR) Corrective Action Plan(CAP) Community Care for Disabled Adults(CCDA) Community Care for the Elderly(CCE) Client Information and Registration Tracking System(CIRTS) Department oFChildren and Families(UCF) Florida Administrative Codc(F.A.C.) Florida Department of Elder Affairs(DOEA)Florida Statutes (F.S.) home Care for Disabled Adults(HCDA) l force Care for the Elderly(HCE) Institutional Care.Program ([CP) Instrumental Activities of Daily Living(IADLs) Notice of Instruction (NO[) Planning and Service Area(PSA) Summary of Programs and Services(SOPS) United States Code(U.S.C.) 2. Program-Specific Terms Aging Out: The condition of reaching sixty (60) years of age and being transitioned from I)C1os CCDA or HCDA services to the Agency's community-based services. Area Plan: A plan developed by the Contractor outlining a comprehensive and coordinated service delivery system in its PSA in accordance with the Section 306 of the Older Americans Act (42 U,S.C, § 3026) and Agency instructions. The Area ['Ian includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the Contractor enters I ICE-specilie data in CIRTS. An update may also include other revisions to the Area Plan as instructed by the Agency. Department of Elder Affairs Programs and Services Handbook(DOEA handbook):An official document of DOBA, The DOFA Handbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers ofDORA-funded programs. An annual update is provided through a NOI. Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive living:rrrangetr.cnt. t7ofSti HCE 2(13.2I (Jut 2021 -Junc 2022) � 6 D 2 NOI: The Agency's established method to communicate to the Contractor the requirement to perform a specific task or activity in a particular manner.. NOls are located on the Agency's website at http://clderaffairs.state.fl.us/apes/nois.php. Program Highlights: Success stories, quotes, testimonials, or human-interest vignettes that are used in the SOPS to demonstrate how programs and services help elders, families, and caregivers. Summary of Programs and Services (SOPS): A document produced by the Agency and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. B. GENERAL DESCRIPTION 1. General Statement The purpose of the HCE Program is to encourage the provision of care for elders in family-type living arrangements in private homes as an alternative to nursing homes or other institutional care settings. 2, Home Care for the Elderly Program Mission Statement The HCLi Program assists caregivers of three(3)or fewer elders,living in private homes,through the provision of a basic subsidy for maintenance and supervision, as well as other necessary specialized services, 3. Authority The relevant authority governing the 1ICR Program includes: a. Sections 430.601-430.606 and 430.608,F.S.; b. Rule Chapter 5811-1, F.A.C; and c. The Catalog of State Financial Assistance(GSM) Number 65001. 4. Scope of Service The Contractor is responsible for the programmatic, fiscal,and operational management of the HCE Program. The program services shall be provided in a manner consistent with the Contractor's current Area Plan, as updated, and the current DOEA Handbook, which are incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DORA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NO1. 5. Major Program Goals The major goals of the I-ICE Program are to ensure that: a. A basic subsidy is provided to the caregiver of each client; and b. A special subsidy is provided when essential to the well-being of the client. C. Clients to be Served 1, General Description The HCE Program serves elders age sixty (60) and older at risk of placement in a nursing home or other institutional setting who can remain in a family-style setting with a caregiver through the provision of subsidies. 2. Client Eligibility Clients eligible to receive services under this contract must meet the following requirements in accordance with Rule 581I-1.005, F.A.C,: a. Be sixty(60)years of age or older; b. Be a current resident of the State of Florida with the intent to remain in the state;and r. Meet the criteria for functional and financial eligibility set forth below: i. Be at risk of nursing home placement based on DOEA 70113 assessment;and H. Have self-declared income and assets which do not exceed the ICP limits established by Medicaid and UCF,or• 18of58 (July 2021 -June 2022) HCE 203.21 Receive Supplemental Security Income(SSI),or iv. Receive benefits as a Qualified Medicare Beneficiary(QMB) or as a Special Low-Income Medicare Beneficiary(SLMB); and v. Have an approved caregiver who meets the caregiver requirements pursuant to Rule 581I-1.006, F.A.C.,and the dwelling requirements pursuant to Rule 58H-1.007,C.A.C. 3. Caregiver Eligibility Caregivers eligible to receive services under this contract must: a. Be at least eighteen (18)years of age; b. Be capable of providing a family-type living environment for the home care client/recipient; c. Be a relative or friend who has been accepted by the client as surrogate fitmily, or a responsible adult with whom the client has made an arrangement to provide home care services; d. Be willing to accept responsibility for the social,physical, and emotional needs of the home care client/recipient; e. Be physically present and live in the home to provide supervision and to assist in arrangement of services for the client; f Maintain the residential dwelling free of conditions that pose an immediate threat to the life,safety, health and well-being of the home care client in accordance with Rule 58i1-1.007, F.A.C;and g. Be without record of conviction of abuse, neglect,or exploitation of another person. it. Targeted (groups Priority for services provided under this contract shall be given to those eligible persons assessed to he at risk of placement in an institution, IL MANNER OF SERVICE PROVISION A. Service Tasks To achieve the goals of the HCE Program, the Contractor shall perform,or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in Section 1.C.2. and I.C.3. 2. Assessvncnt and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients in the sequence below for service delivery. It is not the intent of the Agency to remove existing clients from services to serve new clients being assessed and prioritized for service delivery. a. Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self-care is not possible, there is no capable caregiver, and nursing home placement is likely within one(1) month or very likely within three(3)months. b. Aging Out individuals: Individuals receiving CCDA and IICDA services through DCF's Adult Services transitioning to community-based services provided through the Agency when DCC's services are not currently available. c. Service priority for individuals not included in a. or b. above, regardless of referral source, will he determined through the Agency's functional assessment administered to each applicant, to the extent funding is available.The Contractor shall ensure that priority is given to applicants at the higher levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement,priority will be given to applicants with the lesser ability to pay for services. 19 of SI (Jul} 2021 -June 2022) 110E 203.21 160 2 i 3. 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 Agency, and the current DOEA Handbook. B. Staffing Requirements 1. Staffing Levels The Contractor shall assign its own administrative and support staff as needed to perform the tasks, responsibilities, and duties under this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3, Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m.to 5:00 p.m, local time. 4, Use of Subcontractors if this contract involves the use of a subcontractor or third party, then the Contractor shall not delay the implementation of its agreement with the subcontractor. If any circumstance occurs that may result in a delay for a period of sixty (60) days or more of the initiation of the subcontract or the performance of the subcontractor, the Contractor shall notify the Agency's Contract Manager and the Agency's Chief Financial Officer in writing of such delay. The Contractor shall not permit a subcontractor to perform services related to this agreement without having a binding subcontractor agreement executed prior to the subcontractor's performance. The Agency will not be responsible or liable for any obligations or claims resulting from such action. a. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the Agency's Contract Manager within thirty (30)days of the subcontract being executed. b. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per year, each of its subcontractors, subrccipicnts, vendors, and/or consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative, and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. The Contractor shall monitor to ensure that 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, c. Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor monitoring reports to the Agency's Contract Manager within thirty(30)days of the report being issued to the subcuntraetors, suhrccipicnts, vendors, and/or consultants. C. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. AZt,r� 4 20 ot5( (July 2021 -June 2022) HCE 203.21 ' l60 1, Delivery of Services to Eligible Clients The Contractor shale' ensure the provision of a continuum of services that meets the diverse needs of functionally impaired elders and their caregivers. The Contractor shall not provide Special Subsidies,case management,or case aide services directly to clients or caregivers. The Contractor shall ensure that perlormance and reporting of the following services arc in accordance with the Contractor's current Agency-approved Area Plan, the current DOEA I landhook, and Section ILA.1.-3, of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service,and rate per service unit with calculations that equal the total invoice amount.The services include the following categories: a. Basic Subsidy The Contractor shall ensure that the Basic Subsidy is a cash payment of$160,00 made to an approved caregiver each month to reimburse expenses incurred in caring for the client as detailed herein and in the current DOEA Handbook. The Basic Subsidy is provided for support and maintenance of the care client/recipient, including housing, food, clothing, and medical costs not covered by Medicaid, Medicare, or any other insurance. A Basic Subsidy shall be paid to authorized caregivers when the client is in the home for any part of the month. b. Special Subsidy Services The Contractor shall ensure that the Special Subsidy payments are pre-authorized and are based on additional specialized medical or health care services,supplies,or equipment needed to maintain the health and well-being of the individual elder. The Special Subsidy for additional medical support and special services is a cash payment to reimburse the costs of any other service or special care not covered by Medicaid, Medicare, or private insurance when these services arc determined to be essential to maintain the well-being of the home care client/recipient. A Special Subsidy shall be paid to the authorized caregivers when the client is in the home for any part of the month. Special Subsidy services may he authorized through a subcontractor agreement. All Special Subsidy services must be performed in accordance with the current DOEA Handbook. Special Subsidy services include the following: 1) Adult Day Care 13) Occupational Therapy 2) Adult Day Health Care 14) Other 3) Caregiver Training/Support 15) Personal Care 4) Chore I 6) Physical Therapy 5) Chore(Enhanced) 17) Respite(Facility Based or In-Home) 6) Counseling(Gerontological) 18) Shopping Assistance 7) Counseling(Mental Health/Screening) 19) Skilled Nursing Services 8) Home Health Aide Service 20) Specialized Medical Equipment, Services and 9) Homemaker Supplies 10) Home Delivered Meals 21) Speech Therapy 11) Housing Improvement 22) Telephone Reassurance 12) Material Aid _ 23) "Transportation c. Access to,and Coordination of,Services The Contractor shall ensure, through ease management and case aide services,that the HCE client's needs are documented,and needed services arc planned,arranged, and coordinated for the client and caregiver. 2. Service Units The Contractor shall ensure that the provision of services described in this contract is in accordance with the current DOEA handbook and the service tasks described in Section 11.A. Attachment XIV, Service Rate Report, lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Contractor's Area Plan as updated,as shown in Attachment XiV,and approved by the Agency. 21 of Sk (July 2021 -June 2022) HCE 203.21 3, Administrative Responsibilities 16 2 The Contractor shall provide management and oversight of'iICE Program operations in accordance with the current DOEA Iandbook and the Agency-approved Contractor's Area Plan and Cost Analysis. Management and oversight of HCE Program operations include the following: a, Developing a competitive solicitation process for allocation of NICE 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 the Agency. c. Designating appropriate and capable local service providers and establishing vendor agreements at the AAA level, when applicable for local service providers and TICE. services according to manuals, rules, and agreement procedures of DOEA; d. Providing technical assistance and training to local service providers,subcontractors,and vendors to ensure provision of quality services; e. Monitoring and evaluating local service providers, subcontractors, and vendors for fiscal, administrative, and programmatic compliance; f. Appropriately and timely submitting payments to subcontractors; g. Arranging in-service training for local service providers at least annually; it. Establishing procedures 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, 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 t) of the current DOEA Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date,nature of complaint,and the determination of each complaint; i. Ensuring compliance with CIRTS regulations; j. Monitoring performance objective achievements in accordance with targets set by the Agency;and lc. Conducting annual client satisfaction surveys to evaluate and improve service delivery. D. Reports 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 reports. The Contractor must establish due dates for any subcontractors that permit the Contractor to meet the Agency's reporting requirements. t, CIRTS Reports The Contractor shall input I ICE-specific data into CI RTS.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; i. Aging and Disability Resource Center Reports;and 22 orb (July 2021 -June 2022) HCE 203.21 g. Outcome Measurement Reports. 16 D 1 Annual Service Cost Reports The Contractor shall require subcontractors to submit Annual Service Cost Reports, which reflect actual costs of providing each service by program. 3. Surplus/Deficit Report The Contractor shall submit a Consolidated Surplus/Deficit Report, Lead Agency Spending Report in a format provided by the Agency, to the Agency's Contract Manager, by the 18th of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the Agency and must include the following: a, A list of all subcontractors and their current status regarding surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; c. Recommendations to transfer funds 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 Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2020- 2021 by September 15,2021, The Contractor shall provide a new success story, quote, testimonial,or human- interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar,prior to submitting them to the Agency. E. Records and Documentation 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the Agency or authorized individuals,such as Florida Department of Financial Services(DFS), upon request. 2. CIRTS Data and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in CIRTS or any such system designated by the Agency. 3. CIRTS Address Validation 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 local service providers to correct addresses, and send a list to the Agency with confirmed addresses. The Agency will use this information to update maps, client rosters, and unmatched addresses to disseminate to the local service providers. 23 ur sn (Jul} 2021 -June 2022) I-IC'E 203.21 4. Data Integrity and Hack up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Contractor fitnclions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. A copy of the backed-up data shall be stored in a secure,offsite location. 5. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors, These policies and procedures shall he made available to the Agency upon request. F. Performance Specifications 1. Outcomes and Outputs(Performance Measures) The Contractor must: a. Ensure the prioritization of clients and provision of service to clients in accordance with Section I1,A.I.-2. of this contract; b. Ensure the provision of the services described in this contract arc in accordance with the current IXW.A Ilandbo ok and Sections 1I.A.1.-3.and II.C.I.-3.of this contract; c. Timely and accurately submit to the Agency all required documentation and reports described in Section 11.1;.; II. Timely and accurately submit Attachments Xi,XIi,and X111,and supporting documentation,in accordance with Attachment X,Invoice Report Schedule;and c. Develop and document strategies in the Area Plan to support the Agency's standard of performance achievement, including increases for the following: i. Percentage of most frail elders who remain at home or in the cormmunity instead of going into a nursing home; ii. Percentage of active clients eating two or more meals per day; ill. Percentage of new service recipients whose ADL assessment score has been maintained or improved; iv. Percentage of new service recipients whose IADL assessment score has been maintained or improved; v. After service intervention, the percentage of caregivers who self-report being very confident about their ability to continue to provide cure; vi.Percentage of clients who are at imminent risk of nursing home placement who are served with community-based services: and vif. Percentage of elders assessed with high or moderate risk environments who improved their environment score. 2. The Contractor's performance of the measures in Section ll.la.l,above will he reviewed and documented in the Agency'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 contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing,and/or on-site visit(s). The primary, secondary, or signatory of the contract must he available for any on-site programmatic monitoring visit. The Agency's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring: a. Desk reviews and analytical reviews; 24 of 58 (July 21121 -June 2022) HCE 203_2I b. Scheduled,unscheduled,and follow-up on-site visits; c. Client visits; d. Review of independent auditor's reports; e. Review of third-party documents and/or evaluation; C Review of progress reports; g. Review of customer satisfaction surveys; h. Agreed-upon procedures review by an external auditor or consultant: I. Limited-scope reviews;and j. Other procedures as deemed necessary by the Agency, G. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and arc tasks and deliverables for which, by execution of this contract, the Contractor agrees to be held accountable. 2, Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of the contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. H. Agency Responsibilities 1. Agency Obligations The Agency may, within its resources, provide technical support and/or assistance to the Contractor to assist the Contractor in meeting the 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 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 reservation of rights does not mean that all other areas of the contract are subject to mutual agreement, HI.METHOD OF PAYMENT A. Payment Methods Used The method of payment for this contract is a combination of fixed-fee/unit rate,cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section II, Manner of Service Provision, and in accordance with other terms and conditions of this contract. 1. Fixed Fee/Unit Rate Payments for Fixed Fec/Unit Rate shall not exceed amounts established in the Service Rate Report(Attachment XIV). 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in Attachment XIV. All Cost Reimbursement Requests for Payment must include the Receipt and Expenditure Report (Attachment XII), as well as the Cost Reimbursement Summary form (Attachment XIiI,), beginning with the first month of this contract. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form and include only items contained on the Contractor's approved budget. The Agency reserves the right to review supporting documentation for any cost reimbursement requests. 25of 8 (Jul 2021 -June 21122) HCE 203.21 3. Advance Payments 16 U 2 The Contractor may request up to two(2)months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance wi:I be contingent upon the sufficiency and amount of funds released to the Agency by the State of Florida (budget release). The Contractor's requests for advance require the written approval of the Agency Contract Manager, For the first month's advance request, the Contractor shall provide to the Agency Contract Manager documentation justifying the need for an advance. and describing how the funds will be distributed. If the Contractor is requesting two (2) months of advances, documentation must 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 he distributed for the first and second month. If sufficient budget is available,and the Agency's Contract Manager, in his or her sole discretion,has determined that there is justified need for en advance,the Agency will issue approved advance payments alter July lst of the 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 Agency documentation to support full distribution of advanced funds with Report Number 5,due to the Agency on October 25,2021, in accordance with the Invoice Report Schedule(Attachment X). b. All advance payments retained by the Contractor must he fully expended no later than September 30,2021. Any portion of advance payments not expended must be recouped on the Request for Payment(Attachment XI), Report Number 5, due to the Agency on October 25, 2021, in accordance with the Invoice Report Schedule(Attachment X), c. All advance payments made to the Contractor shall be reimbursed to the Agency as follows; At least one— tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment, starting with Report Number 5, in accordance with the Invoice Report Schedule(AttachmentX). B. Funding Distribution The Contractor agrees to distribute funds as detailed in the Area Plan update and the Annual Budget Summary (Attachment IX), Any changes in the total amounts of the funds 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 an invoice subsequent to the acceptance and approval by the Agency the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1. Have a Remittance Address that corresponds exactly to the "Remit To" address provided to MyFloridaMarketPlace(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). 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. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form (Attachment XiI) and include only items contained on the Contractor's Cost Analysis form. Any requested changes to the-approved budget subsequent to the execution of the contract must be submitted to the Agency's Contract Manager for written approval. Any change to the total contract amount requires a formal contract amendment; 3. The Contractor shall consolidate all subcontractors' Requests for Payment and Receipt and Expenditure Reports that support Requests for Payment and shall submit the consolidated information to the Agency using the Request for Payment (Attachment XI), Receipt and Expenditure Report (Attachment XII), and Cost Reimbursement Summary (Attachment Xlil) forms for services and administrative expenses, which must include itemized expenditure categories;and 26 ufS$ (July 2021 -June 21)22) 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 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 this contract may he withheld pending the receipt and approval by the Agency all financial and programmatic reports due t'onn the Contractor and any adjustments thereto,including any disallowance not resolved. F. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than August 15,2022, • F. HCE Subsidy Data Entries Schedule The Contractor must ensure that all data for I iCE subsidies are entered into the CIRTS by the 15th of each month. Het;subsidy data entered into the CIRTS by the 15th of the month will he fir payments incurred between the 16th of the previous month and the 15th of the current month. Case management data entered into the CIRTS by the 15th 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 current month or case management units of service may he entered according to the Contractor schedule, in aggregate daily, weekly, or monthly. The Contractor shall ensure data entry for NCR subsidies will cease on the 15th of the month and that the CIRTS Monthly Service Utilization Report by client name and by worker is generated. The Contractor shall ensure the Monthly Utilization Report by client name and by worker is verified,corrected, and certified no later than the 25th of the month in which the Report is generated. G. CIRTS Data Entries 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 DOEA Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Subcontractors must enter this data into the CIRTS prior to submitting their Requests for Payment and Receipt and Expenditure Reports to the Contractor. The Contractor shall establish deadlines for completing CiRTS data entry and ensure compliance with due dates for the Requests for Payment and Expenditure Reports that Contractor must submit to the Agency. II. 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 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. 1, Corrective Action Plan 1. Contractor shall ensure that one hundred percent(100%) of the deliverables identified in Section U.C.1.-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 failed to correctly, completely,and/or adequately perform contract deliverables identified in Section 11.C.1,-3, of this contract,the Contractor will have ten (10) days to submit a CAP to the Agency's Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the Agency's Contract Manager. The Agency shall assess a Financial Consequence for Non-Compliance on the Contractor as referenced in Section II1.J. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP,The Agency will also assess a financial consequence for failure to timely submit a CAP. 3. If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, the Agency shall deduct the percentage established in Section 111.J. of this contract from the payment for the invoice of the following month. 4. If the Contractor fails to timely submit a CAP, the Agency shall deduct the percentage established in Section WI1.J, of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. r 27ufS8 (July 2021 -June 2022) HCE 203.21 16 D J. Financial Consequences 1. The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section ILC. of this contract, The following financial consequences will be imposed if the deliverables slated do not meet in part or in whole the performance criteria as outlined in Section 11,C, or Section 11,F, of this contract: a. I)elivei),of services to eligible clients as referenced in Section ILA.I.-2.and Section 11.C.1.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. 'l'he reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency-approved CAP, referenced in Section 111.1.; h. Administrative duties as referenced in Section 11.C.3.of this contract—Failure to perform management and oversight of TICE 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 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.; c. Timely submission of a CAP — Failure to timely submit a CAP within ten (10) business days after notification of a deficiency by the Agency's Contract Manager will result in a two percent(2%)reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency-approved CAP, referenced in Section 111.1.;and 2. Exceptions may be granted solely, in writing,by the Agency's Contract Manager. IV. SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures fbr provided services must be submitted to the Agency Contract Manager in writing no later than June 30, 2022; email requests are considered acceptable. B. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the Agency for the purpose specified in this contract.The Contractor must manage the service dollars in such a manner as to avoid having a wait list and a surplus of funds at the end of the contract period. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other AAAs during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. C. Contract Limits in no case shall the Contractor be required to incur cost; in excess of the contract amount in providing services to the clients. I). Remedies for Nonconforming Services 1. The Contractor shall ensure that all goods and/or services provided under this contract arc delivered timely, completely, and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. • 2. If the Contractor fails to meet the prescribed quality standards for services,such services will not be reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services not meeting such standards will not he reimbursed under this contract. The Contractor's signature on the Request for Payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services, The Agency requires immediate notice of any significant and/or systemic infractions that compromise the quality,security,or continuity of'services to clients. 0.3'1 • 2t3 of-5F1 (July 2021 -June 2022) HCE 203.21 B --- 2 E. Incident Reporting The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of changes that may materially affect the Contractor or any subcontractor's ability to perform the services required to be performed under this contract and in authorizing proviso. Such notice shall be made orally to the Agency's Contract Manager (by telephone) with an email to immediately follow, including the Contractor's plan for provision of services authorized in proviso, F. investigation of Criminal Allegations Any report that implies criminal intent on the part of the Contractor or any subcontractors and referred to a governmental or investigatory agency must be sent to the Agency. If the Contractor has reason to believe that the allegations will be referred to the State Attorney,a law enforcement agency,the United States Attorney's office,or other governmental agency, the Contractor shall notify the inspector General at the Agency immediately. A copy of all documents, reports, notes, or other written material concerning the investigation, whether in the possession of the Contractor or subcontractors, must be sent to the Agency's Inspector General with a summary of the investigation and allegations. G. Volunteers The Contractor shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as the Senior Community Service Employment Program or organizations carrying out federal service programs administered by the Corporation for National and Community Service). G. Enforcement 1. In accordance with Section 430.04, KS., 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 on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the Agency finds that any of the following have occurred: a. An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients,or substantially and negatively affected the operation of an aging services program; b. The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; c. The Contractor has committed multiple or repeated violations of legal and regulatory requirements or Agency standards; d. The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; e. The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the Agency; I. The Contractor has failed to properly 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 making any determination under this provision, the Agency may rely upon findings of another state or federal agency or other regulatory body. Any claims for damages for breach of contract are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Leon 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 hi 42 U.S.C... § 3025(b). C7N3.3 29 ff58 (Juh•202t-June 2022) HCE 20 .21 H. Contract Modifications The Agency's Contract Manager has the authority to modify and/or extend deliverable deadlines. All deliverable extension requests must be made to the Agency's Contract Manager, in writing, prior to the required deadline. All approvals for deliverable extensions must be communicated, in writing, by the Agency's Contract Manager to the Contractor and are subject to the discretion of the Agency's Contract Manager. The requests and the approval must occur prior to the established deadline, An e-mail writing (request and response) is considered acceptable. END OF ATTACHMENT olcr 30 of 58 (Jul, 2021 -June 2022) LICE 203.21 • ATTACHMENT II 1 b 2 FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Agency to the Contractor may be subject to audits and/or monitoring by the Agency, as described in this section, MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200 (formerly OMB Circular A-133 as revised), and Section 215.97, F.S., (see"AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the Agency staff, limited scope audits and/or other procedures. By entering into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency, In the event the Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Agency to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART is FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200,Subpart A. in the.event that the Contractor expends$750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. In determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including federal resources received from the Agency. The determination of amounts of Federal awards expended should be in accordance with 2 CFR Part 200. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200 will meet the requirements of this part, in connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR § 200.508, If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200,the cost of the audit must he paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Agency shall be based on the contract's requirements, including any rules,regulations, or statutes referenced in the contract.The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otherwise disclosed as required by 2 CFR § 200.510, the schedule of expenditures of federal awards shall identify expenditures by contract number for each contract with the Agency in effect during the audit period. Financial reporting packages required under this part must be submitted within the•earlier of 30 days attcr receipt of the audit report or 9 months after the end of the Contractor's fiscal year end. PART 11c STATE, FUNDED .,cTD 31 af.58 (July 2021-June 2022) LICE 203.21 This ll part is applicable. if the Contractor is a non-state entity as defined by Section 215.97(2),F.S. 16 D 2 In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of$750,000,00 in any fiscal year of such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Agency by this contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Agency, other state agencies, and other non- state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. in connection with the audit requirements addressed in Part 11, paragraph 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F,S., and Chapter 10,550 (local governmental entities) or 10.650 (nonprofit and fin•-profit organizations),Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the Contractor expends less than $750,000,00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S.,the cost of the audit must be paid from the non-state entity's resources(Le.,the cost of such an audit must be paid from the Contractor resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year, Compliance findings related to contracts with the Agency shall he based on the contract's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otherwise disclosed as required by Rule 691- 5.003, F.A,C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Agency in effect during the audit period. For local governmental entities, financial reporting packages required under this part must be submitted within 45 days alter delivery of the audit report, hut 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 part must be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III; REPORT SUBMISSION Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part 1 of this Financial Compliance Audit Attachment,shall be submitted,when required by 2 CFR §200.512 by or on behalf of the Contractor directly to each of the following: Federal Audit Clearinghouse Bureau of the Census 1201 East 10"'Street Jeffersonville,IN 47132 Pursuant to 2 CFR § 200,512,all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of any management letter issued by the auditor directly to the Agency. OVD 32 af.5'i tJul 2021 -June2022) I10E 2113.21 Area Agency on Aging for Southwest Florida,inc. 16 D Attn: Rick Cocchieri 2830 Winkler Ave Suite 112 Ft Myers,Florida 33916 239-652-690(1 Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment, Part II,shall he submitted by or on behalf of the Contractor directly to each of the following: The Agency at the following address: Area Agency on Aging for Southwest Florida,Inc. Attn: Rick Coechieri 2830 Witttder Ave Suite 112 Ft Myers,Florida 33916 239-652-6900 The Auditor General's Office at the tillowingaddress: State of Florida Auditor General Claude Pepper Building,Room 574 111 West Madison Street Tallahassee,Florida 32399-145(1 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 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 financial reporting packages to the Agency for audits done in accordance with 2 CFR Part200 or Chapter 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. PART IV:RECORD RETENTiON The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the CFO, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Agency or its designee, CFO, or Auditor General upon request for a period of six (6) years from the elate the audit report is issued, unless extended in writing by the Agency. 04) 33 of- .S (July 2021 -June 2022) 14CE 203.21 ATTACHMENT II-EXHIBIT 1 PART 1: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215.97, F.S.Contractors who are determined to be recipients or sub-recipients of federal awards and/or state financial assistance may he subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 11 of Exhibit I are met. Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR§ 200.38 and/or Section 215.97, I .S. Regardless of whether the audit requirements are met, Contractors who have been determined to he recipients or sub-recipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part 200 and/or Rule 691-5.006,F.A.C.,Contractor has been determined to be: Vendor not subject to 2 CFR §200.38 and/or Section 215.97, F.S. Recipient/sub-recipient subject to 2 CFR§§ 200,86 and 200.93 and/or Section 215,97,F,S. Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for-profit organizations arc exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and/or stale financial assistance, and has been approved by the Agency to subcontract, they must comply with Section 215.97(7), F,S.,and Rule 691-5.006, F.A.C. [state financial assistance] and/or 2 CFR §200.330 [federal awards". PART ii: FISCAL COMPLIANCE REQI►IREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a sub- recipient must comply with the following fiscal laws,rules, and regulations: STATES,LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR§200.416-§ 200.417-Special Considerations for States, Local Governments, and Indian-bribes* 2 CFR § 200.201 -Administrative Requirements** 2 CFR§200 Subpart F- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, miles,and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR § 200.400 - §200.4 1 1 -Cost Principles* 2 CFR§200.100-Administrative Requirements 2 CFR §200 Subpart F-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules,and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR§200.418- §200.4:9 Special Considerations for Institutions of Iligher Education* 2 CFR §200.100-Administrative Requirements 2 CFR§200 Subpart F-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules,and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in 2 CFR §200.400(5)(c). 34 ofSN (July 2(121 -June 21122) HCE 203.21 1. **For funding passed through U.S. Health and Human Services, 115 CFR.Part 75; for funding passed t rough U.S. Department of Education,34 CFR Part 80. STATE FINANCIAL ASSISTANCE. Contractors who receive state financial assistance and who are.determined to he a recipient/sub-recipient must comply with the following fiscal laws,rules,and regulations: Sections 215.97&215.971, F.S. Chapter 691-5, RAC. State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules,and regulations I ONID 35oj5( (July 2021 -June 2022) HCE 203.21 ATTACHMENT II-EXHIBIT 2 i6fl Z 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 included in Attachment 11, Exhibit 1,be provided to the recipient. Information contained herein is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD(FAIN#): j FEDERAL AWARD DATE: DUNS NUMBER: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. OMB Circular A-133 —Audits of States,Local Governments,and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97,F.S. PROGRAM TITLE FUNDING 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 RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Sections 215.97&215.971, F.S.,Chapter 691-5, F.A.C., State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules,and regulations 36 of 58 (July 2021 -June 2022) HCE 203.21 ATTACHMENT III D CERTIFICATIONS AND ASSURANCES • DOTE 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 CFR Part 95 and 45 CFR Part 75) 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 Entity Crimes,section 287.133,C.S. E. Associatian 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,C.S. G. Certification Regarding Data integrity Compliance for Contracts, Agreements, Grants, Loans, and Cooperative Agreements Ti. Verification of Employment Status Certification T. Records and Documentation .1. Certification Regarding 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 principals: I. Are not presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal Agency or agency; 2. Have not within a three-year period preceding this contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph A.2. of this certification;and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State,or local)terminated for cause of default. The undersigned shall require that language of this certification be included in the documents for all subcontracts at ail tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this certification accordingly. B. CERTIFICATION REGARDING LOBBYING --CERTIFICATION FOR CONTRACTS,GRANTS,LOANS, AND COOPERATIVE AGREEMENTS. The undersigned Contractor certifies,to the best of its knowledge and belie!', that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person iifr influencing or attempting to influence an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, 040 37 of 58 (July 2021-June 2027) HCE 203.21 1.1 into of anycooperative agreement, and the extension, continuation, renewal, amendment, or i odification + theentering } b of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents ter all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this contract imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure, C. NON-DISCRIMINATION& EQUAL OPPORTUNITY ASSURANCE(29 CFR PART 37 AND 45 CFR PART 80).- As a condition of the Contract,Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race,color, religion,sex,national origin, age,disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity. 2. Title V1 of the Civil Rights Act of 1964(Pub. L. 88-352),as amended,and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 80),to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race,color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity For which the Applicant receives Federal financial assistance from the Agency. 3, Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-1 12), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of l lealth and Human Services(45 CFR Pail 84), to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, he denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 4, The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services(45 CFR Part 91),to the end that,in accordance with the Act and the Regulation,no person in the United States shall,on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Education Amendments of 1972(Pub. L, 92-318),as amended,and all requirements imposed by or pursuant to the Regulation of the Department of l lealth and Human Services(45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation,no person in the United States shall,on the basis of sex,be excluded from participation in, he denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. it applies to recruitment, advertising, tenure, layoff, leave, fringe benefits,and all other employment-related activities. 7. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above.This assurance applies to Contractor's operation of the 'VIA Title 1— financially assisted program or activity,and to all contracts Contractor makes to carry out the W IA Title 1—financially assisted program or activity. 04) 38 of58 (July 2i121 -June 2022) LICE 2113.21 Contractor understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES,SECTION 287.133,F.S. Contractor hereby certifies that neither it,nor any person or affiliate•of Contractor,has been convicted ofa 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 DMA immediately upon any change of circumstances regarding this status. • E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub.L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division l3, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. I,. 1 I 1-1 17 arc available under the conditions provided by Pub. L. 111-117. The undersigned shall require that language of this assurance. be included in the documents for all subcontracts at all tiers(including subcontracts,sub-grants and contracts under grants,loans and cooperative agreements)and that all sub- recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT ON' ISRAEL CERTIFICATION,SECTION 287,135,F.S. In accordance with section 287.135, 1'.S., Contractor hereby certifies that it has not been placed on the Scrutinized Companies that Boycott Israel List and that it is not engaged in a boycott of Israel. If this contract is in the amount of$1 million or more, in accordance with the requirements of section 287,135, F.S., Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it is not engaged in business operations in Cuba or Syria. 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 ol'a false certification may subject Contractor to civil penalties and attorney fees and costs, including any costs for investigations that led to the finding of false certification. If Contractor is unable to certify any of the statements in this certification,Contractor shall attach an explanation to this contract. G, CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS, GRANTS,LOANS,AND COOPERATIVE AGREEMENTS 1, The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information, including: (I)accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements;(2)the source and application of funds for all contract supported activities;and (3)the comparison of outlays with budgeted amounts for each award.The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 2, Management Information Systems used by the Contractor, Subcontractors,or any outside entity on which the Contractor is dependent for data that is to be reported,transmitted,or calculated have been assessed and verified C7'4 39 of.5ti (July 2021 -June 2022) HCE 203.21 to be capable of processing data accurately, including year-date dependent data. For those systems idelikd Pbc non-compliant, Contractors will take immediate action to assure data integrity. • 3. if this contract includes the provision of hardware,software, firmware,microcode, or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately.MI 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 ot'any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein,at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. 5. The Contractor and any Subcontractors of services under this contract warrant that their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency, including emergencies arising from data integrity compliance issues. H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Agency,Contractor certifies the use oI the U.S. Department of IIomeland Security's E-vcrify system to verify the employment eligibility of all new employees hired by Contractor during the contract term to perform employment duties pursuant to this contract,and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this contract utilize the E-verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all sub-agreements,sub-grants,and other agreements/contracts and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact nimn which reliance was placed when this contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this contract imposed by Circulars A-102 and 2 CFR Part 200 and 215(formerly OMB Circular A-1 10). I. RECORDS AND DOCUMENTATION The Contractor agrees to make available to Agency staff and/or any party designated by the Agency any andall contract related records and documentation.The Contractor shall ensure the collection and maintenance of all program related information and documentation on any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. J, CERTIFICATION REGARDING INSPECTION OF PUBLiC RECORDS 1. in addition to the requirements of Section 10 of the Standard Contract,sections 119.0701(3)and(4)F,S.,and any other applicable law, if a civil action is commenced as contemplated by section 119.0701(4), P.S., and the Agency is named in the civil action, Contractor agrees to indemnify and hold harmless the Agency for any costs incurred by the Agency and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to Chapter 119,F.S.,concerning this contract or services performed thereunder. a. Notwithstanding section 119.0701, P.S., or other Florida law, this section is not applicable to contracts executed between the Agency and state agencies or subdivisions defined in section 768.28(2), F.S. • 2. Section 119.01(3), F.S., states if public funds arc expended by an agency in payment of dues or membership contributions for any person,corporation, foundation,trust,association,group,or other organization, all the financial, business, and membership records of such an entity which pertain to the public agency (Florida Department of Elder Affairs) are public records. Section 119.07, F,S, states that every person who has custody of such a public record shall permit the record to he inspected and copied by any person desiring to do so,under reasonable circumstances. 411nf58 (July 2021 -June 2022) HCE 203.21 Additionally, I certify this organization does does not LI provide for institutional memberships. 16 U Contractor's signature below attests that records pertaining to the dues or membership application by the Agency arcavailablc for inspection if applicable,as stated above.. By execution of this contract, Contractor mast include these provisions (o-J) in all related subcontract agreements (if applicable). By signing below,Contractor cem'tities that the representations outlined in parts A through J above arc true and correct. i / /� _11"s Tam iami 'frail to Suite 211 Signature and it • fpt ti &Representative Sheet Address 1)anirl R 12 rit e'? —. l C C'nllior unty Rci:+t•cl fie('ntttn)iccinnerc Naples, FL 34112 Contractor - Date City,Slate,Zip code 03/ ' 2021 - Approved as to form and legality - , 'slut Counl•v Atk,rncy 41 uuf,S (July 2021 -Junc 2022) HCE 203.21 ATTACHMENT IV ASSURANCES—NON- 1 6 2 CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average forty-five(45) minutes per response, including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project(0348-0043), Washington,DC 20503. PLEASE DO NOT RETURN YOUR CONIl'LF,TED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET,SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. if you have questions please contact the awarding agency.Further,certain federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. 1. Has the legal authority to apply for federal assistance,and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost)to ensure proper planning,management,and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States,and if appropriate,the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3, Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes,or presents the appearance of,personal or organizational conflict of interest or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems For programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R.900, Subpart F). 6. Will comply with all federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race,color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps;(d) the Age Discrimination Act of 1975, as amended (42 U.S.C, §§6101-6I 07),which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse;(f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(g)Sections523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.),as amended,relating to nondiscrimination in the sale, rental or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s)which may apply to the application. 7. Will comply,or has already complied, with the requirements of Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 42 of 58 (July 2021 -June 21122) HCE 203.21 161 2 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-73 8), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 9. Will comply, as applicable,with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S,C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333),regarding labor standards for federally assisted construction sub-contracts. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is S10,000.00 or more, I I. Will comply with environmental standards which may he prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EU 11738; (c) protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C, § 1451 et seq.); (t)conformity of federal actions to State(Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 ct 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 (16U.S,C. § 1 721 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. § 469a-1 et sect.). 14. Will comply with Pl. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare. Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. § 2131 ct seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 ct seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFRR Part 200. 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTH -E6 CERTIF ' OFFICIAL __TITLE, Daniel R Rodriguez 4 � Public Service Department llead APPLICANT LICANT ORGANIZATION DATit SUBMITTED Collier County Board of County Commissioners 08/1 /2021 Approved as to form and legality Assis(itt County Attorney 43 of S (July 21121 -June 2022) HCE 203.21 ATTACHMENT V FLORIDA Department of ELDER AFFAIRS CIVIL RIGIITS COMPLIANCE CHECKLIST Progrm/Facility Name County AAA/Contractor Address Completed Ily City,State,Zip Code Date Telephone PART I:READ THE A'I'TACHI?I)INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE THIS FORM. I, Bric.tly describe the geographic area served by the program/facility and the type of service provided: For questions 2-5 please i:tdieatc the totlowinf,: Total White I)lack hispanic Other Female Disabled Over 40 2. Population of area served Source of data: 3.Staff currently employed Effective date: 4,Clients currently enrolled/registered -.lfcclivc(lute: S. Advisory/Governing Board if applicable PART II: USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQ1;1RING MORE SPACE, IF N/A or NO,EXPLAIN, 6. Is an Assurance of Compliance on file with DOEA? N/A YES NO 7. Compare the staff composition to the population. Is stuff representative of the population'? N/A YES NO ❑ ❑ ❑ 8. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national N/A YES NO origin,sex, age,religion,or disability? 9. Are all benefits,services and facilities available to applicants and participants in:m equally effective manner NiA YES NO regardless of race,sex,color,age,national origin,religion,or disability'? ❑ ❑ ❑ 10. For in-patient services,are room assignments made without regard to race,color,national origin or disability? N/A YES NO 11. Is the program/facility accessible to non-English speaking clients? N/A YES NO ❑ ❑ n 12.Arc cm)loyees,applicants and participants informed of their protection against discrimination? If YES,how? N/A YES NO Verbal Written❑Poster❑ ❑ ❑ ❑ C? 44 of58 I (July 2021-June 2022) HCE 203.21 16D 2 13.Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER against the program/facility. ❑ 14, Is the program/facility physically accessible to mobility,hearing,and sight-impaired individuals? N/A YES NO ❑ ❑ ❑ PART Ili;THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES,IF NO, EXPLAIN, 15.Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO necessary modifications? ❑ ❑ 16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO ❑ ❑ 17. Has a person been designated to coordinate Section 504 compliance activities? YES NO ❑ ❑ 18.Do recruitment and notification materials advise applicants, employees,and participants of nondiscrimination on YES NO the basis of disability? ❑ ❑ 19.Are auxiliary aids available to ensure accessibility of services to hearing and sight-impaired individuals? YES NO ❑ ❑ I'ART iV:FOR PROGRAMS OR FACILITIES WITI150 Ott MORE EMPLOYEES AND FEDERAL CONTRACTS OFS50,000,00 OR MORE. 20. Do you have a written affirmative action plan? If NO,explain. YES NO ❑ ❑ 1)OI:A INSI:ONLY Reviewed by In Compliance: YES U NO* ❑ Program Office *Notice of Corrective Action Sent / Date I Telephone Response Due / _- On-Site ❑ Desk Review ❑ Response Received / / n 45 of SS (Jule 2021 -June 2022) HCE 203.21 ATTACHMENT V INSTRUCTIONS FOR THE CIVII.RIGHTS COMPLIANCE CHECKLIST 1, Describe the geographic service area such as a district, county, city, or other locality. If the program/facility serves a specific target population such as adolescents,describe the target population. Also,define the type of service provided. 2. Enter the percent of the population served by race,sex,disability,and over the age 0140. The population served includes persons in the geographical area for which services are provided such as a city,county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census • containing Florida population statistics. include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race, sex, disability, and over the age of 10. Include the effective date of your summary. 4, Enter the total number of clients who are enrolled,registered or currently served by the program or facility,and list their percent by race,sex,disability, and over the age of40. include the date that enrollment was counted. a. Where there is a significant variation between the race,sex,or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons. 5. Enter the total number of advisory board members and their percent by race, sex, disability, and over the age of 40, If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assur;rncc that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR Part 80. This is usually a standard part of the contract language for DOEA Recipients and their Sub-grantees.45 CFR § 80.4(a). 7. is the race, sex, and national origin of the staff reflective of the general population? For example, if 10%of the population is Hispanic, is there a comparable percentage of Hispanic staff'? 8. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4)and also through on-site record analysis of persons who applied but were denied services or employment. 45 CFR§ 80.3(a)and 45 CFR § 80.1. 9. Participants or clients must be provided services such as medical, nursing, and dental care, laboratory services, physical and recreational therapies, counseling, and social services without regard to race, sex, color, national origin, religion, age, or disability. Courtesy titles, appointment scheduling, and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age, or disability. Entrances, waiting rooms, reception areas, restrooms,and other facilities must also be equally available to all clients. 45 CFR § 80.3(b), 10. For in-patient services, residents must be assigned to rooms,wards,etc.,without regard to race,color,national origin,or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race,color, national origin,or disability. 45 CFR§ 80.3(a). 11. The program/facility and all services must he accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services. 45 CFR§ 80.3(a). 12. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries, or any other Interested parties. 15 CFR § 80.6(d). This should include information on their right to file a complaint of discrimination with either the Agency or the U.S. Department of Health and human Services. The information may be supplied verbally or in writing to every individual or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility. 13. Report number of discrimination complaints filed against the program/facility. Indicate the basis(e,g. race,color,creed, sex,age,national origin,disability,and/or retaliation)and the issues involved (e.g. services or employment,placement, C) ata 46 of5f1 (Jul 24)21 -Junc 20221 HCE 203.21 termination, etc.). Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state,or federal agency with whom the complaint has been filed. Indicate the current status of the complaint (e.g. settled,no reasonable cause found, failure to conciliate, failure to cooperate,under review, etc.). 14. The program/facility must be physically accessible to mobility,hearing,and sight-impaired individuals. Physical accessibility includes designated parking areas,curb cuts or level approaches,ramps, and adequate widths to entrances. The lobby,public telephone,restroom facilities, water fountains, and information and admissions offices should be accessible. Door widths and traffic areas of administrative offices,cafeterias,restrooms,recreation areas,counter's, and serving lines should he observed for accessibility. lilevators should be observed for door width and Braille or raised numbers. Switches and controls for light, heat,ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 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, with 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 list of the interested persons consulted,a description of areas examined, and any problems 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 of Title 45,CFR45 CPR § 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 1.5 or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees that the program/facility does not discriminate on the basis of handicap in violation of Section 504 and Part 84 of Title 45, C1'R. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in publications of the programs or facilities, and distribution of memoranda or other written communications. 45 CFR §84.8(a). 19. Programs or facilities that employ 15 or more persons shall provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills where necessary to afford such persons an equal opportunity to benefit from the service in question. Auxiliary aids may include, but are not limited to,brailed and taped materials, 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 S50,000.00 in federal contracts must develop, implement, and maintain a written affirmative action compliance program in accordance with Executive Order 11246, 41 CFR Part 60 and"Title VI of the Civil Rights Act of 1964, as amended. 42 of 514 (July 2021 -June 2022) HCE 203.21 i 6 0 a ------f-1-- c -..-- - --,------1--- --.'-- --- 7 ' ' , , , , , . , , , , , , , . . , , , . , 1 ei I , , . 1 0 . . . . i 'fA • ift IA. tet I 41-I-1A•,,iii. ifr •69- 401. OF V). -IA- VI- 4:11. .01- 401-;4:11-.4.01- 1,4 • • • . F•• , , , , ' •— C4 c•• .6 l,Z fj, I"" r/. I 1 it) t , [-• E-I E I.D C/) omi C ,y, Im4 IF -° I g c cL o ). ,i ' C.•••••••m .6- g (s) ill 43.1 Ei• a = W o. E". Gn I • 1:1 2 I C fly "! 0 F.: OS e, E-4 . U , u) Q I , o c E a V3 < g v=4 ..?, cr, 0 .4 u, ______ (.....) .. .. E ti p. ::-... ...4 i CZ 'V z ce) uo ,.., 0 • t... a. 0 ..-.; 4-4 0 r4. (1 4t al I-- ,r• t ra 0 t.) U c 48 of 58 1Julh 2021 -.tune 2022) HCE 203.21 165 2 ATTACHMENT VII BACKGROUND SCREENING Itm, I)y ;antis (:=, 4a71o,- I):pal,tllulll ur ELDER AFFAIRS itl.l),,,i pi ntion, STATE Or Ft,ottht)A Srrromry IiACKGROUNDSCRGENIN(; Attestntlnn of Comptixnee-Employer AUTFIORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. :. The term"employer" means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, bead Agencies, and Service Providers that contract directly or indirectly with the Department of Bider Affairs(DOHA), and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider.See§§435.02,430.0402, Fla,Stat. ▪ A direct service provider is"a person 18 years of age or older who,pursuant to a program to provide services to the elderly, has direct, Ammo-thee contact with a client while providing services to the client and has access to the client's living area, funds, personal property, or personal identification information as defined in s, 817.568. The term includes coordinators, managers, and supervisors of residential facilities and volunteers,"§430.0402(1)(b),Fie,Stat. ATTESTATION: As the duly authorized representative of Employer Name located at Street Address City Slate ZIP code I, do hereby affirm under penalty of Name of Representalive perjury that the above-named employer is in compliance with the provisions of Chapter 435 and section 430.0402,Florida Statutes, regarding level 2 background screening. Signature of Representative Dale !)Ol,4 Form 235,Attestation ofCnlnpllance•Enaplo)rr,k eeszve.January 19,2021 Section 435,05(3), Approved as to form and legality f:S:Form available at:brtp://elderof des smielfdie/eallehib ckgr aolscrernli l it l ji)1 ' .. '7"\ .-tAj `.fit. Assistant County Attonit y 9 \ r 49 af5$ (July 2021 -June 2022) 110E 203.21 I 0 2 ATTACHMENT VIII CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CMBE FORM) CMRR FORM MUST ACCOMPANY INVOICES SUBMITTED TO DOEA CONTRACTOR NAME: DORA CONTRACT NUMBER: _ *REPORTING PERIOD-FROM: TO: *{DATE RANGE OF RENDERED SERVICES,MUST MATCH INVOICE SUBMITTED TO DOEA) DOEA CONTRACT MANAGER: REPORT ALL EXPENDITURES MADE TO CERTIFIED MINORITY BUSINESS(SUBCONTRACTORS). CONTACT DORA CMBE COORDINATOR FOR ANY QUESTIONS. A7'850-414-2153. SUBCONTRACTOR NAME SUBCONTRACTOR'S CMBE EXPENDITURES FE1D ++ DOEA USE ONLY--REPORTING ENTITY(DIVISION,OFFICE,ETC) SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO:JUSTIN TAYLOR CMBE COORDINATOR,CONTRACT ADMINISTRATION&PURCHASING,TALLAHASSEE,FLORIDA 32399-7000. If unsure ifsuhcontractor is a certified minority supplier click on the hyperlink below. Enter the name of the supplier.click "search".OnlyCertifled Minority Business Entities will he displayed. 50 of- t (July 2021 -June 2022) HCE 203.21 1613 2 htips://osd.dms.myflorida.com/directories INSTRUCTIONS (A) ENTER THE COMPANY NAME AS IT APPEARS ON YOUR DOEA CONTRACT. (B) ENTER TILE DOEA CONTRACT NUMBER. (C) ENTER THE SERVICE PERIOD MATCHING TILE CURRENT INVOICE'S SERVICE PERIOD. (D) ENTER ALL CERTIFIED MINORITY BUSINESS EXPENDITURES FOR TILE TIME PERIOD COVERED BY THE INVOICE: 1. ENTER CERTIFIED MINORITY BUSINESS NAME. 2, EN'I'I?R THE CERTIFIED MINORITY BUSINESS FEW NUMBER. 3. ENTER THE CERTIFIED MINORITY BUSINESS CMBF NUMBER. 4. ENTER THE AMOUNT EXPENDED WITn TILE CERTIFIED MINORITY BUSINESS FOR THE TIME PERIOD COVERED BY THE INVOICE. (E) MBE FORM MUST ACCOMPANY INVOICE PACKAGE SUBMITTED TO DOEA FINANCIAL. ADMINISTRATION FOR PROCESSING. (F) FINANCIAL ADMINISTRATION WILL FORWARD ALL COMPLETED CMI3E FORMS TO CONTRACT ADMINISTRATION &c PURCHASING OFFICE._ 51 otS8 (Ju!} 2021 -June 2022) HCE 203.21 1 6 D Z ! ANNUAL BUDGET SUMMARY I. IICE Services(Subsidies& Case Management) $55,537.61 -COLLIER County Total S55,537.61 52ufS!i 0 (July 2021 -June 2022) HCE 203.21 16D 2 • ATTACHMENT X HOMECAREFOR'l'HI KLDERLY INVOICE REPORT SCHEDULE Report Number Based On Submit to Agency on this Date l &2 July* AND August* Advance July 1 3 Monthly Utilization Report (7/1-7/15) July 20 July Expenditure Reports (105 & 106) August 11 4 Monthly Utilization Report (7/16-8/15) August 20 August Expenditure Report(105 & 106) September 11 5 Monthly Utilization Report (8/16-9/15) September 20 September Expenditure Report (105 & 106) October 11 6 Monthly Utilization Report(9/16-10/15) October 20 October Expenditure Report (105 & 106) November 1 t 7 Monthly Utilization Report (10/I6-11/15) November 20 November Expenditure Report (105 & 106) December 11 8 Monthly Utilization Report (1 1/16-12/15 December 20 December Expenditure Report (105 & 106) January 11 9 Monthly Utilization Report(12/16-1/15) Januaty20 January Expenditure Report (105 & 106) February 11 Monthly Utilization Report(1/16-2/15) February 2) February Expenditure Report (105 & 106) March 11 11 Monthly Utilization Report (2/16-3/15) March 20 March Expenditure Report (105 & 106) April 11 L2 Monthly Utilization Report (3/16-4/15) April 20 April Expenditure Report (105 & 1(36) May 11 L3 Monthly Utilization Report(4/16-5/15) May20 May Expenditure Report ( I115 & 106) .tune 11 14 Monthly Utilization Report (5/16-6/15) June 20 June Expenditure Report (105 & 106) July 11 15 Monthly Utilization Report(6/15-6130) July 20 Final Expenditure Report (105 & 106) July 25 Legend: *Advance based on projected cash need. Note# 1: Report #1 for Advance Basis Contracts cannot be submitted to the Area Agency at Aging for Southwest Florida, Inc. prior to July 1 or until the contract with the Agency has been executed and a copy sent to the Agency en Aging for Southwest Florida, Inc. Actual submission of the vouchers to the Agency a dependent at the of the expenditure report. Note# 2: Report numbers 5 through 14 shall reflect an adjustment of at least one-tenth of the total advance amounts, repaying advances issued the first two months of the agreement. All advance payments made to the Contractor shall be returned to the Agency and reported as an advance recoupment car each request for payment. The adjustment shall be recorded in Part C. Line 1 ofthe report (ATTACHMENT XI). Note##3: Submission ofcxpendihrrc reports may or may not generate a payment request. if final expenditure report reflects funds due back to the Agency, payment is to accompany the report. Note:#4: ALL Expenditure Reports are due by 12:00 pair. on the 11 th of each month. IF the 11 th falls on a Saturday, then the report will be due by the loth by 12:00 p.m. AND if the 11th fulls on a Sunday, the report.will be due by the 12th ly 12:00 p.m. Actual submission of the vouchers to Dept. of Elder Affairs is dependent at the accuracy oflhe expenditure report, which is verified and paid by CTR'IS data only. 0 53 ut';7t (July 2021 -June 2022) HCE 21)3.21 160 2 ATTACHMENT XI REQIJE.ST FOR PAYMENT • HOME CARE FOR THE ELDERLY PROGRAM I{ECIPIENT NAME,ADDRESS,PHONES and FEIO! - Contract __-- . _ _ _ _ _ YPE OF PAYMENT Contract Period R ular Report Period Advance - - Report A PSA# Invoice it-- CERTtFICAT!UN: I hereby certify to the best of:ny knowledge that this request Is complete arid cared and conforms with the tetras and the pr:rpnsrs of the above contract. Prepay ed by: Dale: Approved by: Dale, i I I PART A: BUO3E T SUMMAR" AAA Admrn. Servres TOTAL ( I:Approved Contract Amount SO.CO $0.00 $0.00 2.Previous Funds Rncolced for Contract Period $0.00 $0 CO $0.00 3.Contract Balance(line I minus;Ina 2) 30.03 $0.00 P $0.00 4.Previous Funds Requested and Not Received for Contract Period $0.0C $0.00 50.00 5.CONTRACT BALANCE(line 3 minus Ilne 4) I 50.0E $0.0C 50.00 jtlll PART B: CONTRACT FUNDS REQUEST 1.Anticipated Cash Need(1st•2ne months) 1 30.00 $0.00 Men 2.Net Expenditures For Month S0.30 $0.00 SO.00 (DOEA Form POSH,Port B,Una 3) 3.TOTAL $0.3J $0.00 $0,0C PART C:NET FUNDS REQUESTED 1.Less Advance Applied $0.00 $0.03 $0.00 2 TOTAL FUNDS REQUESTED(Part B Line 3,minds Pad C Ole 1) $0.00 S0 CO SO LT _ I 1 Ust of Services t Units!Rates provided-See attached report. DCEA FORM 11.74N Rev::cJ D3f23r'a 54 etfi- (July 2021 -June 2022) HCE 203.21 16 a A'I"I'A C 1 I M ENT X I I RECEIPT ANI) EXPENDITURE REPORT HOME CARE FOR TIH+,ELDERLY PROGRAM PROVIDER NAME,ADDRESS.PHONE#end FE10# Program Funding: Contract* Contract Period I � IAAA Admin. Report Period Report# Services Invoice# PSA# CERTIFICATION: I certify to the best of my knowledge and belief teat the report is complete and c orrect and all outlays herein are for purposes set forth In the contract. r'Icpni,ki Lf' .---- ---- )�r- _ Approved D}' - -- a;e PART A BUDGETED INCOME! RECEIPTS 1.Approved I 2.Actual Receipts 3.Total Receipts 4,Percent of Budget or Thls Report Year to Date Approved Bud•e1 1.State Funds $0.00 $0.00 $0.00 #01V10! 2.TOTAL RECEIPTS $0.00 $0.00 $0.00 ' #DIVl01 PART B:EXPENDITURES 1.Approved 2.Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date _._..Approved Budget 1.AAA Program Administration $0.00 $0.00 $0.00 #DIVIO! 2.Services $0.00 $0.00 $0.00 #D1V/0! 3.TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV/01 PART C:OTHER REVENUE AND EXPENDITURES I Interest: It,Advance Recoupment 1.Earned on GR Advance S 2.Return of GR Advance $ 1.Advance Recouped $ 3.Other Earned $ u0FArciRM JOSH Raised 03/231VR SS of.S8 (July 2021 -June 2022) HCE 203.21 ATTACHMENT XIII COST REIMBURSEMENT SUMMARY Contra ct# Report(invoice)Number: - i Budget Number of Category Description units Service Dete Amount S TOTAL AOMAtNi81RAIiON S0.00 Q j W TOTAL EXPENSES S0.00 A n 66 of 58 (Jule 2021 -June 2022) HCE 203.21 160 2 _ ATTACHMENT XIV SERVICE RATE REPORT FY 21/22 METHOD OF SERVICE REIMBURSEMENT PAYMENT UNIT TYPE UNIT RATE BASIC SUBSIDY $160 Fixed Fee/Unit Rate HOURS BASIC SUBSIDY-LEGACY Cost Reimbursement Cost Reimbursement HOURS CASE AIDE VENDOR $33.88 Fixed Fee/Unit Rate HOURS CASE MANAGEMENT VENDOR $60.00 Fixed Fee/Unit Rate HOURS HOMEMAKER-VENDOR $21.50 Fixed Fee/Unit Rate HOURS HOUSING IMPROVEMENT Cost Reimbursement Cost Reimbursement EPISODE Cost Reimbursement Cost Reimbursement EPISODE HOUSING IMPROVEMENT-VENDOR MATERIAL AID Cost Reimbursement Cost Reimbursement EPISODE OTHER-BACKGROUND SCREENING - VENDOR $41.25 Cost Reimbursement EPISODE, PERSONAL.CARE-VENDOR $25.67 Fixed Fee/Unit Rate HOURS RESPITE-VENDOR $25.02 Fixed Fee/Unit Rate HOURS SlIOPPING ASSISTANCE-COVID-19 $34.12 Fixed Fee/Unit Rate ONE-WAY TRIP SPECIALIZED MEDICAL EQUIPMENT, SERVICES,AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE TELEPHONE REASSURANCE.-COVID- 19 $13.40 Fixed Fee/Unit Rate EPISODE TRANSPORTATION Cost Reimbursement Cost Reimbursement TRIPS ,•2s2 0 t7 of:+}i (Jul 2021 -June 20221 HCE 203.21 160 2 Revised August 2007 Attestation Statement Agreement/Contract Number ICE 203.21 Amendment Number NA 1, Daniel 12 Rodriguez ,attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging fur SoutInvest Florida and Collier County board of County Commissioners (Recipient/Contractor name) The only exception to this statement would he for changes in page formatting,due to the differences in electronic data processing media,which bus no affect on the agreement/contract content. )I,20"I Signature of Recipic n ctcos-teffescntative Date Approved as to form and legality rN• `-'-� \` Ass,s�[lint County Mori* \. \ r 1, Revised August 2007 , II 5s or 5s