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Agenda 12/14/2021 Item #16D17 (After-the-fact Contract Amendments w/Area Agency on Aging for SWFL for Elder Care)
16.D.17 12/14/2021 EXECUTIVE SUMMARY Recommendation to approve two "After -the -Fact" contract Amendments and corresponding Attestation Statements with the Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly grant program for Services for Seniors to increase the contract amount and supporting documentation with revision to the Service Rate Report and the supporting Budget Amendment (Fiscal Impact $70,000.00, Human Services Grant Fund 707). OBJECTIVE: Provide uninterrupted support services to Collier County Services for Seniors' (CCSS) frail, elderly clients. CONSIDERATIONS: The Community and Human Services (CHS) Division's Services for Seniors program has been providing support to Collier County's frail and elderly citizens for over thirty (30) years through the Community Care for the Elderly (CCE), Alzheimer's Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant program. These grants are funded by the Florida Department of Elder Affairs (DOEA) through the Area Agency on Aging of Southwest Florida, Inc. (AAA). These grant funds enable clients to remain in their homes and live with independence and dignity. The current service agreement for CCE estimated funding for 2021-2022 was approved by the Board of County Commissioners (Board) on June 08, 2021 (Agenda Item #16D4) to prevent disruption in services and ensure compliance with the grant service agreement requirement. The contract has a one-year term, effective July 1, 2021 through June 30, 2022. The fully executed contract 203.21 for CCE was approved "After -the -Fact" at the Board on September 14, 2021 (Agenda Item 416D2). The proposed First Amendment, 203.21.001 will increase the CCE allocation funding by $70,000, revise Attachment II -Exhibit 2-Funding Summary, revise Attachment VIII Budget and Rate Summary, and revise the Attachment XII Service Rate Report. The proposed Second Amendment, 203.21.002 will add Adult Day Care Service to the Service Rate Report Attachment XII. CCSS is also responsible for the collection of client co -payments for the CCE Grants, with a specified collection goal established by CHS. No Budget Amendment adjustments will be needed for the co - payment used to support the programs. The following table provides a detailed breakdown of the FY 21-22 funding, match & co -payment budget: Program Project Current Current Local Vendor Current Co - Component Number Budget Total Match Match Match Payment Budget Community 33753 $1,000,993.48 $111,221.50 $30,000 60,686.86 $20,534.64 Care for the Elderly (CCE)* Program Project Revised Revised Total Revised Revised Revised Co - Component Number Budget Match Local Vendor Payment Requirement Match Match Budget Packet Pg. 1922 Community 33753 $1,070,993.48 Care for the Elderly (CCE)* Program Project Award Number Variance Community 33753 $70,000 Care for the Elderly trrM* $118,999.28 Total Match Variance $7,777.78 12/14/2021 $30,000 $68,464.64 $20,534.64 Variance 1 Variance 1 Total Co - 1 Local Vendor Pay Match Match Variance $0 $7,777.78 $0 * 10% Match is Award divided by .9, multiplied by .1, per grantor requirements, rounded to the nearest dollar. **The increased Total Match Variance will be met through vendor match contributions. These items are being presented "After -the -Fact" because Collier County received the amendments for additional funding allocations and additional services on October 22, 2021, from the grantor agency and is required to return them within thirty (30) days. This time frame makes it impossible to process the documents timely for the Board's consideration. Pursuant to CMA# 5330 and Resolution No. 2018-202, the County Manager authorized the Public Services Department Head to sign the Amendment. This Amendment is being presented for Board ratification. Collier County, as the Lead Agency, is responsible for responding to seniors' needs and managing the spending authority for the Federal and State Funded Services for Seniors programs. FISCAL IMPACT: Funding from the Department of Elder Affairs via the Area Agency on Aging under the 2021 grant award is available in Human Services Grant Fund (707), Project 33753 (CCE). A Budget Amendment is required to increase the CCE budget by $70,000. The Budget Amendment and the resulting local match requirement of ten percent (10%) are detailed in the table above. The total grant award of $1,070,993.48 and total match requirement of $118,999.28 reside in Fund (707), projects 33753 and 33627. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: Grantor agency insists on approach of handling the changes by way of two separate amendments. While not the most efficient approach, it is nonetheless legally appropriate and, as such, this item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To approve two "After -the -Fact" contract Amendments and corresponding Attestation Statements with the Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly grant program for Services for Seniors to increase the contract amount and supporting documentation with revision to the Service Rate Report and the supporting Budget Amendment (Fiscal Impact $70,000.00, Human Services Grant Fund 707). Prepared By: Wendy Klopf, Grants Coordinator, Community and Human Services Division Packet Pg. 1923 12/14/2021 ATTACHMENT(S) 1. CCE 203.21.002 Exec (PDF) 2. CCE 203.21.001 Exec (PDF) 3. (Linked) CCE 203.21 executed (PDF) 4. Resolution 2018-202 (PDF) Packet Pg. 1924 16.D.17 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.1).17 Doe ID: 20457 Item Summary: Recommendation to approve two "After -the -Fact" contract Amendments and corresponding Attestation Statements with the Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly grant program for Services for Seniors to increase the contract amount and supporting documentation with revision to the Service Rate Report and the supporting Budget Amendment (Fiscal Impact $70,000.00, Human Services Grant Fund 707). Meeting Date: 12/14/2021 Prepared by: Title: Operations Coordinator — Community & Human Services Name: Wendy Klopf 11/09/2021 3:46 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 11/09/2021 3:46 PM Approved By: Review: Community & Human Services Wendy Klopf CHS Review Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Akiko Woods Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Kimberley Grant Additional Reviewer Public Services Department Todd Henry Public Services Department Public Services Department Dan Rodriguez PSD Department Head Grants Erica Robinson Level 2 Grants Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer Growth Management Operations Support Christopher Johnson County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Skipped 11/09/2021 2:10 PM Completed 11/11/2021 9:10 AM Completed 11/12/2021 3:10 PM Completed 11/15/2021 8:17 AM Completed 11/16/2021 9:33 AM Completed 11/16/2021 1:59 PM Completed 11/17/2021 2:58 PM Completed 11/19/2021 1:58 PM Completed 11/22/2021 2:06 PM Completed 11/22/2021 2:16 PM Completed 11/22/2021 5:27 PM Additional Reviewer Completed Completed 11/23/2021 10:53 AM Completed 12/03/2021 2:15 PM 12/14/2021 9:00 AM Packet Pg. 1925 1 ti.D.17.a (July 2021 —June 2022) CCE 203.21.002 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. COMMUNITY CARE FOR THE ELDERLY COLLIE It COUNTY BOARD OF COUNTY COMMISSIONERS THIS AMENDMENT is entered into beriveen the Area Agency on Aging Tin• Southwest Florida, Inc. (Agency) Collier County Board of County Commissioners. (Contractor), amends agreement CCE 203.21. The purpose of this amendment is to revise ATTACHMENT XII SERVICE RATE REPORT. All provisions in this contract and any attachments thereto in conflict with this Amendment shall be and are hereby changed to conform to this Amendment. All provisions not in conflict with this Amendment are still in effect and are to be performed at the level specified in the contract. This Amendment and all of its attachments are hereby made part of the contract. IN WITNESS WHEREOF, the Parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized, and agree to abide by the terms, conditions and provisions of CCE contract as amended. This Amendment is etlective on the last date the Amendment has been duly signed by both Parties. CONTRACTOR: COIJ,IFR COUNTY AREA AGENCY ON AGING FOR BOARD OF CO COMMISSIONERS SOUTHWEST FLORIDA, INC. x w / N SIGNED B SIGNED 13Y; � o N M O N NAME,: T�anicl R Rnrl���� ,ucz NAME: I�9.a2.w�a..._T �� V U Norma Adorno TITLE: public .Service Department ITead "TITLE:- / E vjvt V llAT'E: fi' (� - �-� - 20 2 i DATE: 101:.� I/2(121 _ __ --- a Fcdcrat Tax Ill; 59-6000558 Fiscal Year Ending Date: 06/30 Approved as to form and legality istant County Atto cy to�a s l �d V Packet Pg. 1926 16.D.17.a (July 2021 — June 2022) ATTACHMENT XII SERVICE RATE REPORT CCE 203,21.002 SERVICE FY 21/22 REIMBURSEMENT UNIT RATE METHOD OF PAYMENT UNIT TYPE ADULT DAYCARE $14.09 effective until 9/30121 Fixed Fee/Unit Rate HOURS ADULT DAYCARE - DAY $112.72 effective beginning 1011/21 Fixed Fee/Unit Rates DAYS 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 ONE DAY 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) Cost Reimbursement Cost Reimbursement EPISODE PEST CONTROL (MAINTENANCE) Cost Reimbursement Cost Reimbursement EPISODE RESPITE IN - FACILITY $10.29 Fixed Fee/Unit Rate HOURS REPITE IN - HOME $25.44 Fixed Fee/Unit Rate HOURS SHOPPING ASSISTANCE $34.12 Fixed Fee/Unit Rate ONE-WAY TRIP SKILLED NURSING SERVICES $40.26 Fixed Fee/Unit Rate HOURS SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE TELEPHONE REASSURANCE $13.40 Fixed Fee/Unit Rate EPISODE TRANSPORTATION Cost Reimbursement Cost Reimbursement TRIPS O Packet Pg. 1927 16.D.17.a (July 2021 — June 2022) Attestation Statement Agreement/Contract Number: CCE 203.21 Amendment Number: 002 CCE 203.21.002 I, Daniel 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, Inc. and Collier County Board of County Commissioners (Recipient/Contractor name) r 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 effect on the agreement/contract content, Approved as to form and Iegality Assi ant County Att ey N O O d Packet Pg. 1928 16.D.17.b (July 2021 — June 2022) CCF 203.21.001 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. COMMUNITY CARE FOR THE ELDERLY COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS THIS AMENi)MENT is entered into bctwecn the Arca Agency on Aging for Southwest Florida, inc. (Agency) Collier County Board of Commissioners (Contractor), amends agreement C.CE 203.21. The purpose of this amendment is to increase allocation funding by amending 4. Contract Amount, by $70,000.00; revise ATTACHMENT H-EXHIBIT 2 - Funding Summary; revise ATTACHMENT `'III ANNUAL BUDGET SUMMARY, ATTACHMENT XII SERViCE RATE REPORT. 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 $1,070,993.48; 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. All provisions in this contract and any attachments thereto in conflict with this Amendment shall be and are hereby changed to conform to this Amendment. All provisions not in conflict with this Amendment are still in effect and are to be performed at the level specified in the contract This Amendment and all ol'iis attachments are hereby made part of the contract. IN WITNESS WIIERE- OF, the Parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized, and agree to abide by the terms, conditions and provisions of CCE contract as amended. This Amendment is effective an the last date the Amendment has been duly signed by both Parties. CONTRACTOR: COLLIER COUNTY BOARD OF COUNTYCOMMISSIONERS SIGNED BY: NAME: Daniel R Rodriauez TITLE: _public ServirP Departnient Head DATE: I n!•''k202 I Federal Tax ID; 59-6000558 Fiscal Year landing Date: 06/30 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNFi] BY: . Q�`� -. NAME: Norma Adorno TITLE: CEO DA'1+: H Q) - L'16' - D-:0'--1 IN Approved as to form and legality �_L so'SAntyAtt10 Q la r'. 7 Packet Pg. 1929 16.D.17.b (July 2021 -- June 2022) ATTACHMENT II -EXHIBIT 2 FUNDING SUMMARY (2021-2022) CCE 203.21.001 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 CONTRACTCONSIST OF THE FOLLOWING: RANT AWARD (FAIN#): EDERAL AWARD DATE: DUNS NUMBER: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT OTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANTTO 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 N THE FOLLOWING: d x MATCHING RESOURCES FOR FEDERAL PROGRAMS w 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 1,070,993.48 [IFOTAL AWARD 1,070,993.48 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 Packet Pg. 1930 16.D.17.b (July 2021 — dune 2022) ATTACHMENT VIII ANNUAL BUDGET SUMMARY COMMUNITY CARE FOR THE ELDERLY for CCE 203.21.001 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCE Services Allocations $1,070,993.48 N O O u d K w Packet Pg. 1931 16.D.17.b (July 2021 — June 2022) ATTACHMENT XII SERVICE RATE REPORT CCE 203.21.001 SERVICE FY 21/22 REIMBURSEMENT UNIT RATE METHOD OF PAYMENT UNIT TYPE ADULT DAYCARE $14.09 Fixed Fee/Unit Rate HOURS CASE AIDE $30.50 Fixed Fee/Unit Rate HOURS CASE MANAGEMENT $54.00 Fixed Fee/Unit Rate HOURS CHORE $21.77 Fixed Fce/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 ONE DAY 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) Cost Reimbursement Cost Reimbursement EPISODE PEST CONTROL (MAINTENANCE) Cost Reimbursement Cost Reimbursement EPISODE RESPITE IN - FACILITY $10.29 Fixed Fee/Unit Rate HOURS REPITE IN - HOME $25.44 Fixed Fee/Unit Rate HOURS SHOPPING ASSISTANCE $34.12 Fixed Fee/Unit Rate ONE-WAY TRIP SKILLED NURSING SERVICES $40.26 Fixed Fee/Unit Rate HOURS SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE TELEPHONE REASSURANCE $13.40 Fixed Fee/Unit Rate EPISODE TRANSPORTATION Cost Reimbursement Cost Reimbursement TRIPS N O 0 N M 0 N 0 0 N M O N _ d E m E Q w c� v ti uO 0 N V d x w O 0 N M O N w U U m E s Q Packet Pg. 1932 16.D.17.b (July 2021 -- June 2022) Attestation Statement Agreement/Contract Number: CCE 203.21 Amendment Number: 001 CCF 203.21.001 1, Daniel odri ez , 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, Inc. and (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 effegt 9p the agreement/contract content. Signature of Date d x w Approved as to form and legality istant County AMprney S Z Packet Pg. 1933 Im 16.D.17.d RESOLUTION NO. 2018- 2 0 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING AND SUPERSEDING RESOLUTION NO. 96-268 and 10-122 AND AUTHORIZING THE COUNTY MANAGER OR HIS/HER DESIGNEE TO EXECUTE CERTAIN STANDARD SOCIALISENIOR SERVICES GRANT APPLICATIONS AND CONTRACT DOCUMENTS INCLUDING AMENDMENTS IN COMPLIANCE WITH CMA #5330, GRANT COORDINATION. WHEREAS, the Board of County Commissioners (Board) has the authority to apply for and receive social/senior services grants including the Older American's Act Program (OAA), Community Care for the Elderly Program (CCE), Alzheimer's Disease Initiative Program (ADI), Medicaid Waiver Agreement, the Home Care for the Elderly program (HCE), and USDA Nutritional Supplement Incentive Program, and Emergency Home Energy Assistance Program (EHEAP); and WHEREAS, in order for Collier County's social/senior services grant documents to be submitted in a timely fashion, the Board adopted Resolution No. 96-268 and 10-122 authorizing the County Manager or his/her designee to execute the required standard grant documents; and WHEREAS, Collier County CMA 95330, Grant Coordination, provides authorization for the County Manager or his/her designee to execute certain grant documents and return to the Board of County Commissioners for after -the -fact approval; and WHEREAS, the Board wishes to delegate signature authorization to the County Manager or his/her designee for the above -referenced social/senior services grant programs and as it relates to grant applications, standard contract documents, and major and minor amendments provided that said submissions and contracts require no additional Collier County matching funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County Manager or his/her designee is hereby authorized to execute grant applications, standard contract documents, and "IN Packet Pg. 1934 16.D.17.d amendments in compliance with CMA H5330, Grant Coordination, for the Older American's Act Program (OAA), Community Care for the Elderly Program (CCE), Alzheimer's Disease .Initiative Program (ADI), Medicaid Waiver Agreement, the Horne Care for the Elderly program (HCE), and USDA Nutritional Supplement Incentive Program, Emergency Home Energy Assistance Program (EHEAP) provided said -submissions and contracts require no additional Collier County matching N 0 finds. N M BE IT FURTHER RESOLVED that this Resolution repeals and supersedes Resolution 04 No. 96-268 and No.10-122. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this j-1 day of J . , -Y , 2018. ATTEST: CRYSTAL K. KiNZEL CLERK :s s By: By: 'A eSt as tp (;€t�PK%gTY CLERK signature only, Approval for form and legality: 3ennl r A. Belpedio Assistant County Attorney tiO 2 Packet Pg. 1935 (July 2021- June 2022) AREA AGENCY ON AGING FOR S07UTHWEST FLORIDA, INC, CCE 203.21 COMMUNITY CARE FM THE ELDERLY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TI-115 CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Luc,, (Agency) and Collier County Board of County Commissioners (Contractor), collectively referred to as the °Parties," The terns Contractor for this purpose may designate a Vendor, Subgrantee or Subreciplent, WITNESSETR 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 :,eluding all attachments, forms, and exhibits which constitute the contract document, 2. Incorporation of Documents Nvithln the Contract: The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Agency handbooks, manuals and/or desk books, as all integral part of the contract, except to the extent that the contract explicitly provides to the contrary. lrr tile event of conflict In language among any of the documents referenced above, the specific provisions and requirements of tine contract docunrent(s) steal' prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments, 3. Tenn of Cnntract: 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 -nine (11.59) P.M., Eastern Standard Time June 30, 2022. 4, Contrnet 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 fi-orrr any other source are not eligible for payrne,rt under this contract. S. Renewals: By mutual agreement of the Parties, in accor&r.c,e. with Section 287.058(1)(g), Florida Statutes (F.S.), the Agency may renew the contract for a period not to exceed three years, or the term of the origin sl contract, whichever is longer, Tire renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal ir subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by tine Agency and the availability of funds. 6. Compliance with Federal Law: 6.1 If this contract contains federal funds this section sliall apply. 6,1,1 The Contractor shall comply with the provisions of 45 Code of Federal 1eoguaations (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 fiunds and is over $100,000.00, the Contractof shall comply wifl•. all applicable standards, orders, or reputations 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 sect.), Executive Order 11738, as anicnded, and, where applicable, Environmental Protection Agency regulations 2 CFR Part 1500, The Contractor shall report any violations of the above to the Agency. 6.1.3 Neither the Contractor t,c,r any agent acting on behalf of the Contractor rlray 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 of56 (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 CFR Part 92, if applicable, 6.1.5 A contract award with an amount expected to equal or excecd $25,000.00 and certain other contract awards will not be made to parties listed on the government -wide Excluded Parties List System, in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR Part 180 that implement Ixecutive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or 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 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. 63 If the Contractor is a nonprofit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements (filing a Farm 990 or Form 990-N), and Ijas its tax exempt status revoked for failing to comply with the filing regtdreiuents of the Pension Protection Act of 2006 or for any other reason, the Contractor must notify the Agency in writing within -thirty (30) days of receiving the IRS notice of revocation. 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR § 170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed In 2 CFR Part 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 11-1 16, Contractor agrees to utilize the U.S. Depart;: _nt of Homeland Security's E-verify system to verify the employment of all new employees hired by C:onlraetor daring the contract term. Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state contract utilize the Erverify system to verify employment of all new employees hired by the Subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7, Compliance with State Law; 7.1 This contract is executed and entered into in the State of Florida, acid 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 Contrao:nr shall comply with the requirements of Section 287.058, KS., as amended. 7.3.1 The Contractor shall perform all tasks contained in Attachment I. 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the Agency Contract Manager prior to payment. 7.3.3 The Contactor sliall comply with tite criteria and final date by which such criteria must be met for completion of this contract as specified in Attaclunent I, Section 111, Method of Payment. 7,3A Tile Contractor shall submit bills foi fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit. Page 2 of 56 V (July 2021 - .fume 2022) CCE 203,21 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit invoices for any travel expenses in accordance with Section 112,061, F.S„ or at such lower rates as may be provided in this contract, 7,3,6 The Contractor shall allow public access to all documents, papers, letters, or other public records a.: defined ill Section 119,011(12), F.S., made or received by tine Contractor in conjunction with this contract except for those records which are niade confidential or exempt by law. The Contractor's refusal to comply with tills provis;on will constitute all immediate breach of contract for which the Agency may unilaterally terminate this contract. 7.4 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427, M., and Mule Chapter 41-2, Florida Administrative Code (F.A.C). 7.5 Subcontractors who are on the Discriminatory Vendor list may not transact business with any public entity, Ira accordance with the provisions of Section 287.134, F.S. 7.6 Tire Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216,347, F,S., which prohibit the expenditure of contract hinds for the purpose of lobbying the legislature, judicial branch or a state agency, 7.7 The Agency may, at its option, terminate the Contract if the Contractor Is found to have submitted a false certification as provided under Section 287.135(5), F.S., has been placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector list, the Scrutinized Companies with Activities in Sudan list, or the Scrutinized Companies that Boycott Israel list, or if the Contractor has been engaged in business operations in Cuba or Syria or is engaged in a boycott of Israel, 8. Bnelcground_Sereening; 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: ,wind screening pursuant to Sections 430.t1402(2)-(3), F.S. Tine Contractor must a1:7,_. comply with any applicable rules promulgated by (lie Agency and the Agency for Health Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance withthis provision, Contractor shall submit the Background Screening Affidavit of Compliance (Screening Form) to the Agency within thlrty (30) days of execution of this contract. Should the Agency have a completed Screening Forar 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:feidei,affairs state.fl.us/doea/backuroundscreenina.ulip, 9. Grievance Procedure%* The Contractor shall develop, implement, and ensure that :is Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(s) and to address complaint.-, regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of tine Subcontractor's determination(s). 10. Public Records and Detention; 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S,, and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the Agency to perform the contracted services. 10.1.2 Upon request from tine Agency's custodian of public records, provide the Agency a copy of the requester[ records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed 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 exonyt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract tcrnr and fol lowing completion of tine contract if the Contractor does not transfer the records to the Agency. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the Agency, all public records ht possession of the Contractor to the Agency or will keep and maintain public records required by the Agency. if the Contractor transfers all public records to the Agency upon completion of tine contract, Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, Page 3 of 56 V (July 2021 - June 2022) CCH 203,21 from public records disclosure requirements, If the Contractor keeps and maintains public rc�:ords upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Agency in a format that is compatible with tine inforillation technology systems of the Agency. 10,2 The Agency may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(l), F.S. IF TII V CONTRA.CTOR HAS QUESTIONS RE, G.ARDJNG THE APPLICATION OF CHAPTER 11% FLORIDA STATUTIIS, 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 Winkl+ • r Ave, Suite 112 Fort Myers, FL 33916 239-652-6900 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Contractor and Subcontractors shall, at no cost to the Agency, transfer all public records in their possession to the Agency and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically sliall be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 11. Audits, Irtsnections, 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 nnedia) pertinent to this contract for a period of six (6) years after completion of tine contract, or longer when require(] by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based 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 traw fio, 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 tinges 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 Compllaticc Audit to the Agency as specified in this contract and ensure that all related third -party transactions are disclosed to :lie 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 fiurilier agrees that it shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to this contract agree to Page 4 of 56 (July 2021 - June 2022) CCE 203.21 cooperate with the 1:,. peclor General in any investigation, audit, inspection, review, or hearing pursuant to Section 20,055(5), F.S. By execution of this contract the Contractor understands and will comply with this subsection. 11.8 In accordance Willi 1?xecutive Order 20-44 which requires executive agencies to submit a list of entities named in statute with which a state agency must form a soie-source, public -private agreement or all entity that, through contract or other agreement Willa tine 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 ci-iteria listed mast submit all annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams Lvil l'in thi: i.y (30) days of execution of this contract. 11.8.1 `fill: report must irc.i+ide total compensation including salary, bonuses, cashed -in leave, cash equivalents, severance pay, re(irelm-nt benefits, deferred compensation, real -property gifts, and �MIY other payout. 11.8,2 The Contractor shall inform tine 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 conies directly from the State or Federal allocations to the contracted entity, 12. Nondiscrimina tion-C1viI Rights Comnli€tnoe; 12.1 The Contractor shall execute Assurances as stated in the Assurances -Non -Construction Nograms 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, Tile Contractor further assures that all. Contractors, Subcontractors, Sub -grantees, or others with whom it arranges to provide services or benefits in connection with ally of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status, or sex. 12.2 During the term of this contract, the Contractor shall complete and retain oil file a thnely, complete, and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pur:4uatit to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include not16,ing clients, employees, and participants of tine right to file a complaint will) tine appropriate federal or state entity. 12.4 if this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon tine Contractor, its successors, transferees, and assignees for the period during which such assistance is provided, The Contractor further assures that all Subcontractors, Vendors, or others with whom it arranges to p-ovide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the any statutes, rc,;u [:o ions, guidelines, and standards, f n the event of failure to comply, the Contractor understands that thy- Agency may, at its discretion, seek a court order requiring compliance with fine terns of this assurance or seek other appropriate judicial or administrative relief including, but not limited to, termination) of tine contract and denial of further assistance, 13. Monitoring by the Agency: The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers, documents, facilities, goods, and services of the Contractor which are relevant to this contract, and to interview ally clients, employees, and Subcontractor employees of fine Contractor to assure the Agency of the satisfactory perforn)anee ofthe terms and conditions of this eonir•acl, Followir)g such rr.-viow, the Agency will provide a written report of its findings to the Contractor and, where appropriate, (lie 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 1. Page 5 of 56 (Ally 2021 - dune 2022) CCE 203.21 15. Coordinated Monitoring with Other Agencies; If the Contractor receives funding from one or more State of Florida human service agencies, in addition to the Agency, then a Joint monitoring visit including such other ageneles be scheduled, For the purposes of this contract, and pursuant to Section 28T0575, F.S., as amended, Florida's human service agencies shall include tine Agency, the Delaartntent of Children and Families, the Department of Health, the Agency for Persons with Disabilities, and the Department of Veterans' Affairs. Upon notification atnd the subsegtterrt scheduling of st►cIt a visit by (lie designated agency's lead administrative coordinator, file Contractor" shall comply and coopertrte with all monitors, inspectors, and/or investigators. 16. New Conlract(s Renortinm The Contractor shall notify the Agency within ten (10) days of entering into a new contract with any of the remaining four (4) state human service agencies, 'Tile notification shall Include the following information: (1) contracting state agency and (lie applicable office or program issuing the contract; (2) contract name and number, (3) contract start and rand dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and contact information. Ili 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, Indeni nifieation: The Contractor shall indennnify, 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.ti. 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) and extension(s) of it. By execution of this contract, unless it is a state ag'�rii:y 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 cont.-Act. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract, The Contractor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of this contract. Such coverage may be provided by a self-insurance program est;lblislned and operating under the laws of the State of Florida. The Agency reserves the right to require additional insurance as specified Ili this contract. 18.2 Throughout the term of tills contract, the Contractor shall maintain all insurance bond fron a responsible commercial insurance company covering all officers, dii::t;?ors, employees, and agents of the Culitractor authorized to handle funds received or disbursed under all agreements atidlor contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as dete:nninned by the /insurance company, and consistent with good business practices. 19. Confidentiality of Iufornrsstinrl: The Contractor shall not use or disclose any information concerning a recipient of services under this contract f'or 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. Ilealtit Insurance Portal liq and Aevounfitbility 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. Lncident Renortine:_ 21.1 The Contractor shall notify the Agency immediately but no l►►tor 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� t.} (July 2021 - June 2022) CCg 203.21 ability to perform the services required to be performed under Ehis contract, Stich 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 I Incline on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is bindirit': upon tile, Contractor, its Subcontractors, and their employees. 22. Baiikrtltrtcy Notifleadon; During the terns of this contract, tite Contractor shall tuunediately notify the Agency if the Contractor, its assignees, Subcontractors, or affillates file a claim Cur bankruptcy, Within ten (10) days after notification, the Contractor must also provide (lie following information to the Agency: (1) tite date of filing of the bankruptcy petition; (2) the case number, (3) tire court name and the division in which tine 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 Bider Affairs." If the sponsorship reference is in written material, the words "Stake of Florida, Department of Eider Affairs" sh.,h appear in at least the swine size fetters or type as the naive of the organization. 23,2 The Contractor shall not use file 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 pri, � o to such use, 24, Awiauwe.rottt 24.1 Tire 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 Ageivcy 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 tine State of Florida upon giving prior written notice to the Contractor. 24.3 This contract shall remain binding upon the suecessors in interest of the Contractor and the Agency. 25. Subeorrtracts! 25.1 Tile Contractor is responsible for all wont performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Agency deems necessary. The Contractor further agrees that the Agency will not be liable to the Subcontractor in any way or for any reason, Tile Contractor, at its expense, shall defend the Agency against any such claims. 25.2 Tile Contractor shall promptly pay any Subcontractors upon receipt of payment from fie 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 betwecn 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 not control the employment practices of the Contractor and will notbe liable for ally wage and hour, employment discrimination, or other labor and employment claims against the Page 7 of 56f V (July 2021 - June 2022) CCP 203.21 Contractor or its All deductions for social security, withholding taxes, income taxes, coati butio"s to wtemployment compensation fonds, and all necessary insurance for (lie Contractor are file sole responsibility of f?l:: Contractor. 27, Payment - Payments shall be made to (lie Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. Tile Agency Contract Manager will have final approval of (lie Contractor's invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless Cite bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of Section 215.422, F.S. A Vendor Ombudsman has been established within tite Florida Department of Financial ,Services and may be contacted at 800-342-2762. 28. Return of Funds; Tlie Contractor shall return to the Agency ;ray overpayments due to unearned funds or f m(k disallowed, and any interest attributable to such funds pursuant to tine terms and conditions of this contract, that were disbursed to tine Contractor by tine 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 tite Agency, In the event that the Agency first discovers all overpayment has been made, tile. Agency Contract Manager will notify the Contractor in writing of such findings. Should repayment not be made forthwith, tine Contractor shall be charged at the lawful rate of interei on the outstanding balance pursuant to Section 55,03, F.5., after Agency notification or Contractor discovery. 29. Da(a lute grit out[ Safe guardian lnfoi-irtation: The Contractor shall ensure an appropriate level of data security for tile information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor employees that request systern or information access and erisu+ iag 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 tip to ensure recovery from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete amd sign the Certification Regarding Datr Iinteg+-�ty Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this c{ml ract. 30. Computer Use and Social Media Policy: Tile Agency has Implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to a:l 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 con _j-,'y with the Agency's policy regarding social nhedia. Social Media includes, but is not limited to, blogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing, socia: networks like MySpace, Facebook and Twitter, as well as content sharing networks such as fliekr and YouTube. This policy is available on the Departi-w-nt's website at: lnttpf/eederal'fairs. state .tl.us,'doea/fttnnncial,phn. 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors fi-om 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 it)umediate family; (c) his or her partner; of (d) an organization which employs, or is about to employ, any of the above individuals, has a Firimicial 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 fronn Contractors, potential Contractors, or parties to Subcontracts. The Contractor's board members and management must disclose to the Agency any relationship which nnay 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 (July 2021- June 202z) CCE 203.21 Subcontractors must make the same disclosures described above to the Contractor's board of directors. Compliance with this provision will be monitored. 32, Public Entity Crime: Pursuant to Section 287.133, F.S., a person or affiliate who has been placed on the Corlvictcel Vendor List following a conviction for a public entity el'ime 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 Iepjy 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 oil 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 aniouttt provided in Section 287,017, F.S., for CATEGORY TWO for a period of thirty six (36) months iollowing the date of being placed on the Convicted Vendor List. 33, Purchnsinnt 33,E 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 ARV 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 TIIAT IS QUALIFIED PURSUANT TO CI4APTER 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 SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 33.1,2 Pursuant to sections 413.036(t) and (4), F.S., tite 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 rcniuirements. 33,1,3 This act shall have precedence over any law requiring state agency procurement of products or services ftoui ally other nonprofit corporation unless such precedence is waived by tite Agency in accordance with its rules. 33.1.4 Additional information about the designated nonprofit agency and the products it offers is available at Itttp:Hwww. reslrectofflor-ida.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 s.liall procure products and/or services required to perform this contract in accordance with section 946.515, F.S. 33.3.1 I`1' IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLFiS WHICH ARE THE SUBJECT OF, OR REQUIRED TO, CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), R.� .; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, .FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF 'PHIS CONTRACT SHALL 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 ©� C.� (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 (late. The C1v BB Report shall include the names, addresses, and dollar amount of cacti certified participant, and a copy must be forwarded to the Agency, Division of Financial Administration, and must accompany each invoice submitted to the Agency. Tile Office of Supplier Diversity (850-487-0915) will assist in finnishing nanies of qualified minorities, The Agency's Minority Coordinator (850-414-2153) will asskt with questions and answer's. The CMBE Report is attached to this contract. 34, Patents, Copyi-Ights, Royalties If this contract is awarded state founding and if any discovery, invention, or copyrightable material is developed or produced In ttte course of or as a result of work or services performed under this contract or in any way connected with this contract, or if ownership of any discovery, invention, or copyrightable material was purchased in the course of 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 al i patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter2$6, F.S, Pursuant to Section 257.0571(5)(k), F.S., the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. 34.1 If t; t primary purpose of this cono -,let is the creation of intellectual property, the State of Florida shall retain as unencumbered right to use suclh property, niw.-�'.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 § 75-122, as applicable. 34,3 Notwithstanding the foregoing, provisions, if the Contrnrkcr or one of its Subcontractors is a university and a ineinber of the State University System of Florida, then Section 1004,23, F.S,, shall apply, but the Agency shall retain a perpetual, fully -paid, nonexeiusive license fo, its use and the use of its Contractors, Subcontractors, or Assignces of any resulting patented, copyrighted, or trademarked work products.. 35. Einerp-ency Preparedness acid Continuity of Ooerrttions; 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 all emergency, (lie Contractor shall notify the Agency of emergency provisions 35.2 in the event a situation results in a cessation of services by a Subcontractor, the Contractor shall contain responsible for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. )la ul Vnient, 36.1 Equipinuot means: ('G tangible personal property (including information technology systems) having a useful life of more than (mo 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 01\413 Circular A-1 10) that include; (a) a pivperty list with all the clernents Identified in the circular; (b) a procedure for conducting a physical inventory of equipment at least once every two (2) years; (c) a control system to insure adequate safeguards to prevont loss, damage, or theft of the equipment; and (d) maintenance procedures to keep the equipment In good condition. The property records must be maithtained orb file and shall be provided to the Agency upon request. The Contractor shale promptly investigate, fully document, and notify the Agency Contract Manager of any loss, dainage, or theft ofequipment. The Contractor shall provide tine results of tine investigation to tine Agency Contract Manager. Page 10 of 56 (July 2021 - June 2022) CCE 203,21 36.3 The Contractor's proirrty mana ement standards for equipment (including replacement equipment),wheather acquired in whole or in part will; 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 rho 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 tine federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government); 36.3.6 Information front which one coil calculate the percentage of federal participation in tine cost of file 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, 363.8 Unit acquisition cost; and 36.3.9 Ultimate disposition data, including date of disposal and sales price o 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 n<<is[ be taken, and 'lie results reconciled with tine property records at least once every two (2) years. 36.3.11 A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property, Any loss, damage, or theft must be investigated. 45 ( K § 75.32.0(d)(3). 36.3. 12 Adequate maintenance procedures must be developed to keep tine property in good condition. 36.3.13 If tile Contr',, or is authorized or required to sell the equipment, proper sales procedures ►nust be established to ensure the highest possible return. 36.4 ;Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equip i i, L purchased with state funds with an acquisition cost over $5,000.00 is part of the cost of carrying out the activities and functions of tine grant awards and title (ownership) will vest in 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 tiu•esholds 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 CFIZ Part 75, 36.5 The Contractor shall not dispose of any equipment or materials provided by the Agency or purchased with funds provided (hrough this contract without first obtaining tine approval of the Agency Contract Manager. When disposing of property or equilmwM tine 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 (lie Contractor's proposed disposition of the property (Le,, transfer or donation to another agency that administers federal programs, offer of the items for sale, destroy the items, etc,). 36.6 The Agency Contract Manager will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, (lie Contractor is authorized to proceed as directed in 2 CFR § 200.313 or 45 CFR § 75,320, as applicable, 36.7 Real property means land (including 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 v ;thout the prior approval of the Agency. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter 1I1, Part A., Section 3030b United States Code (U.S.C.). Real property purchases from state funds can only be made through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of Section 216.348, F.S, Page 11 of 56 (Tilly 2021 - 3onc 2022) Any permanent storage devices (e.g.: hard drives, removable storage nnedin) must be reformatted and tested }prior to disposal to ensure no confidential information remains. 36.8 CCF 203.21 36.9 Tine Contrxtoi, must adhere to the Agency's procedures and standards when purch;:.,Jng 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, nr:iintenance, training, personnel, and facilities. 'rhe completed ITR worksheet shall be maintained in the LAN administrator's file and mast be provided to the Agency upon request. The Contractor has the responsibility to mquire any Subcontractors to comply with tine Agency's ITR Procedures. 37. PUR 1000 Form - Tile PUR 1000 Form is hereby incorporated by reference and available at: lnttp:/I%yxyw tnytlorida.conn/apirslvbsladcnc/F7740 PUR1000, In the event of any conflet 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 Forni. However, if the conflicting terms or conditions in the PUR 1000 I^orn, are required by any section of the Florida Statutes, tine terms or conditions contained in the PUR 1000 Form shall take precedence. 38, Use of State FirErds to Pure- se or Improve Real Pro er' t Any state funds provided for tine purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of file imProvenlellts or as further required by law. 39, Disnnntte Resoludoms 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 oil tine Contractor. 40, Financial Consequences: If the Contractor fails to meet tine rnninimum level of service or performance identified in this contract, (lie Agency shall impose financial consequences as stated i;i Attachment 1. 41, No Waiver of Sovereleat Imnnunityt Nothing contained in this contract is Intended to serve as a waiver of sovereign immunity by any entity to which sovereign inimunity may be applicable, 42, Venues If any dispute arises out of this contract, tine venue of such legal recourse shall be Leon County, Florida, 43. Errtire Contract: This contract contains all the terms and conditions agreed upon ley 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 Ma.Yeure: The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeure condition provides im,nedlate written notification to the other party and takes all reasonable efforts to case the condition. 45. §evernbility Clause;. The Parties agree that if a court of competent jurist€fiction deenns any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract Anflromiation►s: The Parlles agree that the Agency's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. Page 12 of 56 (July 2021 - June 2022) CCE 203.21 47. Addition/Deletion.- The Parties agree that the Agency resorves the right to acid or to delete any of tile, services required under this contract when deem-cl to be in the State of Florida's best interest and rcdiiL.. ,l to a written atnendnten( signed by both Parties. The Parties shall negotiate conipensatio►r 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 lights, nor will any single or partial exercise of ally such right preclude any other or further exercise thereof or the exercise of any other right. 49. Coirnpliance; 'Ilie Contractor shall abide by all applicable current federal statutes, laws, roles, and regulations as %�7ell 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 die Contractor and subject the contract to inunediate unilateral cancellation of the contract at the d iscretioi i of the Agency. 50, } 11W Invoice: The Contractor shall submit the final invoice for payment to the Agency no later than thirty (30) days after the contract ending date miless otherwise specified in Attaclunent 1. If the Contractor fails to do so, all right to payment Is forfeited and the Agency shall not honor a i, y requests submitted after the aforesaid tune period. Any payment due tutr_ier the terms of thus contract shall be witluteld lint! I all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 51. Renegotiations of Modifications: Modifcadons of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by Roth parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect _price Ievel increases and changes in the rate of payment when these have been established through the appropri a €lolls process and subsequently identified in the Agency's operating budget. 52. Suspension of to rk: The Agency may Ill its sole 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. 8xamples 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) clays, or any longer period agreed to by the Contractor, the Agency shall either, (1) issue a notice authorizing resumption of work, at which tune activity shall resume, or (2) ternu.►late the contract or purchase order. Suspension of work shall not entitle the Contractor to auty additional compensation. 53. 'fern►hintlou: 53.1 Terminatlon for Convenience. The Agency, by written notice to the Contractor, may lernunate this contract in whole or in part when the Agency determtnes 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 entiited 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 €rote speeified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any terra of the contract, or (4) abide by any statutory, regulatory, or licensing requirement, Rule 60A-1,006(3), F,A.C., governs the procedure and consequen,-e% ofdefault, The Contractor shall continue woric on any work not terminated, Except for defaults of Subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises front events completely beyond the control, and without the fault or negligence, of the Contractor. If the failcIc, to perform is caused by the default of a Subcontractor at any tier, and if tite 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 (July 2021 - .Itule 2022) CCE 203.21 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 sleet the required delivery schedule. if, after terulinalion, it is determined that the Contractor was not in default, or that tile default was excusable, the rights and obligations of the Parties shall be the same as if the termimition 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 tir_d remedies Provided by law or under the contract. 54. +Iectronlle Records and Signature, The Agency authorizes, i�ut does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct traliSactionS 11eCeSSai'y to Carry Out the terms of this contract. A Contractor that Create s and retains electronic records and uses electronic signatures to conduct transactions snail comply with the requ irementscontai tied in the Uniform Electronlc 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 Inteprify and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the Contractor to the same extent as nonelectronic records are retained and maintained as required by this contract. 54,1 The Agency's authorization pursuant to this section does not authorize electronic tran�imlons between the Contractor and the Agency. Tile Contractor is authorized to conduct electronic transactions witll the Agency only upon further written consent by the Agency. 54.2 Upon request by the Agency, the Contractor shall provide tho ,Agency with non-electrolic (paper) copies of records. Non -electronic (paper) copies provided to the Agency of any document that was uri€.inally in electronic form with an electronic signature must identify the person and the person's capacity who electronically signed the document on any ljoli-electronic copy of the document. 55. Contract Manakcr; The Agency may substitute any Agency employee to serve as the Agency Contract Manager. REMAINDER OF THE FAGS INTENTIONALL V LEFT BLANIf Page 14 of 56 (July 2021- June 2022) 56. Official Payee and Representatives (Narnes, Add resses, and Telenhone Numbet-sl. The Contractor name, as shown oil page t of this a. contract, and mailing address of the official payee to whom the payment shall be made is: CCE, 203.21 Cotunty Board of County Commissioners 3339 P Tan�iami Trail, Building H Naples, I'L 34112 The name of the contact person and street address Kristt Sontrtag, Director Collier County Board of County Commissioners b. where financial and administrative records are 3339 B Tarniami Trail, Building H maintained Is: Naples, FL34112 The name, address, and telephone number of the e. representative of the Contractor responsible for administration of the program uncles -this contract is: The section and location within the Agency where d. Requests for Payment and Receipt and Expenditure forms are to be mailed is: I The name, address, and telephone number of the e' Contract Manager for this contract Is: Kristt Somitag, Director Collier County Board of County Commissioners 3339 B Tamiami Trail, Building II Naples, FL MI12 239-252-2273 _ Area Agency on Aging for Southwest Florida, hie. 2830 Wi►dder Ave,, Suite 112 Fort Myers, FL 33916 239-652-6922 Richard Cocchied, Director of Finance 2830 Winkler Ave„ Suite 112 Fort Myers, FL 33916 239-652-6922 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party, 57. All Terms and Conditions 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, (lie Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this fifty-six (56) page contract to be executed by their undersigned officials as duly authorized. CONTRACTORr COLLIER COUNTY BOARD UP COUNTY COMM, SIGNED rsy�-- - NAME: Daniel R Rodriguez TITLE: Public Service Department Head DATB: 07.12021 - . --.- Federal Tax ID: 59-6000558 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC, SIGNED 13Y: - "XVt4 NAMB: N0VW1Lit I. Arno TI'rLE:_Pf t_;I &4 O-V\.8 Q)n DATE , L/ ` — 0�O ?_� Approved as to form and legality C� 1� Assistant County At(► idy O U Page 15 of 56 (truly 2021 - Juice 2022) CCE 203,21 INDEX OF ATTACHMENTS ATTACHMENTI...............................................i...H...IIILi.N.11.1/........................................•.NI..........................• 17 STATr,AR'ENT OF WORK ........... ......................................................................................................................17 ATTACHISIENTII.....i..................i.......,............................1............................................................................... 33 FINANCIALAND COMPLIANCE AUDIT............................................................... ................................... 33 ATTACHME, NT III....................i....................... ,,.l................ ,........................................................................... 39 CERTII'ICATIONSAND ASSUPANCES......... ................................................... i....................................... ..... 39 ATTACHMENTIV ...................................... .1...„................. ................................ .1..1.....1......l,ili,....................... 44 ASSURANCTSNOI CONSTRUCTIONI'ROGRAMS..........................,.....................................................44 ATTACHMENTV ............................ ........ —.nn.nu.......................................................yl...... i.......... 46 TLORIDA DEPARTAf—P, VT Or, ELDER AFF111RS CIVIL RIGHTS C:O.M.PLIANCE CIIECIfLIST ................. 46 ATTACHMENTVI..w......................•..1..... ... ......nn...rnn................................................................................... 50 CONTJ?ACTOR'S STATI? CONTRACT LIST........................................................................................... . i...... SO ATTACHMENTVII.................t,............•.........unu.....nun...............wn..........Hill.ill......................................... 51 BACKGRO�tU�ND I: SCR ENING....................................................................................................................... C51 A'I A�ACHMLll/J. YIIl..........nn.....................•....u.iu.u.iiwun....rn.........................n....................un.... I....ua••uui.J�'i ANNUALBUDGET SUMMARI................ ............... ................... i..................................................................... 52 ATTACHMENTIX .................................. .....H1,1...«........1.....1a............................................................................. 53 INVOICEREPORT SCHED ULE ... i................................................................................................................ S3 ATTACHMENTX..................................... .................... ..........................•..r...................................................... 54 REQUESTFOR PAYMENT........................................................................................................................ 54 ATTACHMENTXI............................i..........,,.... ............ ii...... i.....r................................................................... 55 RECL'IYI'AIVD EXPENDITURE REPORT...................................................................................................... SS ATTACHMENTXII..............i........11.,.NI.1...,........i........... r..... I .......................................... ................................ 56 SE, RVICE P,4TEREPORT................................................................................................................................SG Pnge 16 of 56 U (July 2021 - June 2022) CCE 203.21 ATTACHMENT I STATEMENT OF WORT{ 1. S'ERVIC'ES TO BE PROVIDED A. Definitions of Terms 1. Contract Acronyms Activities of Da►lly Living (ADLs) Area Agency on Aging (AAA) Access Priority Consumer List (APCL) Adult Protective Services (APS) Adult Protective Services Referral Tracking Tool (ARTT) Code of Federal Regulations (CFR) Corrective Action Plan (CAP) Community Care for the 01sabled Adult (CCDA) Community Care for the Elderly (CCE) Client Information and Registration Tv,.cidi!r; System (CIRTS) Department of Children and Families (DCF) Florida Aden k •;o <<Ive Code (EA.C.) Florida Department of F.Her Affairs (DOEA orDepartment) Florida Statutes (F.S.) Home Care for Disabled Adults (FICDA) Instrumental Activities ofDally Living (IADLs) Notice of instruction (NOI) Planning and Service Area (PSA) Summary oi' Prn�rams and Services (SOPS) 2. Progrrim Specific Terms Administrative Funding: Contract dollars that are allocated 10 support the Contractor's expenses incurred in the management and operation of the CCE Program, as stipulated in this contract. Adult Pr-otective Services Referral Tracking Tool (AR'I'T): A system designed to track DCF APS referrals to AAAs and CCE Lead Agencies for victims of second party abuse, neglect, and exploitation who need home and community -based services as identified by APS staff. Aging Out: The condition of reaching sixty (60) years of age and being transitioned from DCF's CCDA or I ICDA services to DORA's community -based services. Araa 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 CII(TS. An update may also include other revisions to the Area Plan as instmoted by the Department. Department of Elder Affairs Programs and Services Handbook (DOEA Handbook): fin official documentof DOEA. The DOLMA Tiandbook includes program policies, procedures, and standards applicable to agencies which are recipients of DOLA-funded programs, and providers of program -funded services. An annual update is provided through a NOI. Page 17 of 56 (Jul), 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 service providers within the community care service system. NOI► DOEA's establisher{ method to communicate to the Contractor and subcontractor the require►ne►its to perforni specific tasks or activities in a particular manner. NOls are located oil the DOEA website at littp;//elderaffalrs,state,fl, us/doea/nois.plip. Program Highlighki 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 DOBA and updated yearly to provide the public and tiie 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 front the ill effects of neglect not caused by a second party perpetrator and is in need of protective services or other services to prevent fin they harm, B, General Desk!riptlon 1, General Statement The primary purpose of the CCE Program is to prevent, decease, or delay premature or inappropriate and expensive placement of elders in nursing homes and other institutions. 2. Community r `sire for the Elderly Misdoli State►ulent Tile GCE Program assists functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansioti, 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 environlnelit suitable to their needs. 3. Authority The relevant authority governing the CCE Program includes; a, Sections 430.201-430.207, F.S.; b. Rule Chapter 58C-1, F.A.C.; and c. The Catalog of State Financial Assistance (CSFA) Nu►liber 65.010. 44. Scope of Service The Contractor is responsible for the progra►nmatie, fiscal, and operational ►uanagement 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 DOER Handbook, which are hereby incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOER Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOL 5, Major Program Goals The major goals of the CCE Program are to preserve the independence of elders and prevent or delay costlier institutional care through a community care service system that provides case management and other in -hone 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 (July 2021 - Jlrne 2022) C. Clients to be Served CCE 203.21 1. General Description The CCF Program provides a continuum of services for functionally -unpaired eiders 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 430,203(7), F.S,, as determined through the functional assessment and at least an annual reassessment; or b. Be aging out as defined in Section 1.A.2, of Ihis contract. e, Clients cannot be dually enrolled in the CCF Program and a Medioaid-capitated long-term care program. 3. Targeted groups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an institution or who are abused, neglected, or cx: loited. 4. Client Determination The Agency shall have final authority for the determination of client eligibility. II, K4NNE,R OT ,Y)s:; I"ICE. PROVISION A, Service 'Tasks To achieve the goals of the CCF Program, the Contractor shall perform, or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor 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 Prlorltization of Service Delivery for New Clients The Contractor shalt ensure the following criteria are used to prioritize lim clients for service delivery in the sequence below, It is not d,e 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 are referred by APS, shall be given primary consideration for receiving CCF- services, As used in this subsection, "primary consideration" means that an assessment and services must commence within seventy-two (72) hours after referral to the .Agency or as established in accordance with local protocols developed between Agency service contractors and APS. The Contractor shall follow guidelines for DCF APS High Risk referrals established in the APS Operations Manual, which i 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: L 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 -terns care program in the ARTT as the reason for rejection. c. Imminent Risk individuals; Individuals in the community whose mental or physical health condition has deteriorated to the degree that self -care is not possible, there is no capable caregiver, and nursing ]ionic placement is likely within one (1) month or very likely within three (3) months. PRge 19 of 56 � t� (July 2021 - June 2022) CCE 203.21 d. Aging OL t individuals; Individuals receiving CODA and HCDA services through DCF's Adult Services traasitioning to connmunity-based services provided through the Agency when DCF's services are not currently available e. Service priority for individuals not included in a., c., or d. above, regardless of referral source, will be determined through the Agency's functional assessment adnniiistered to each applicant, to the extent fundingis, available.'I1te 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 house 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 tine 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 receive community -based services. These individuals may only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the client is found ineligible for Medicaid Waiver services for any reason other than fai'.urc to provide required documentation, then the individual may continue to receive CCE services. c. The Confi-actor 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 tine provision of program services is consistent Nvith the Contractor's current Area Plan, as updated and approved by the DOHA, and tine current DOEA Handbook, B. Use of Subcontractors If this o attract uivolves tine use of a Subcontractor or third party, then the Contractor shall not delay the .Wiplementation of its agreement with the Subcontractor. If any circumstance occurs that may result in a delay for a period of sixty (60) days ormore of the uii8ation of the subcontract or the performance of the subcontractor, the Contractor sliall 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 l saving 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 fron-t �,klc]t action. x, Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to tine Department's Contract Manager within thirty days of the subcontract being executed. 2. Monito►'iag the Performance of Subcontractors The Contractor shall monitor, at least once per year, each of its Subcontractors, Subrecipients, Vendors, and/ or Consultants paid from fiunds provided under this contract, The Contractor shall perform fiscal, ad►nvnistrative, and progran -matie 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 Snibcontractor 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 thv subcontractors, subrecipients, vendors, and/ or consultants. Pogo 20 of 56 f) (July 2021 - .rune 2022) C. Staffing Requirements 1. Staffing Levels CCE 203.21 The Contractor shall dedicate its own staff as necessary to meet, the obligations of this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for perforating any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours. Normal business hours are defined as Monday through Fiday, 8:00 a.w. 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 ofService to )Eligible Clients The Contractor shall ensure the provision of a continuum of services that meets the diverse, individual, and assessed needs of each funeti: orally -impaired eider. The Contractor shall ensure that performance and reporting of the following services are in accordance with the Contractor's current Department -approved Area Plan, the current DOEA Handbook, and Section I1,A.I,-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 Opertition 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 hnstitutionali -:.t:ou. The Contractor shall not directly provide core services to clients. Core services, to be provided at the unit rate identified in the Contractor's Area Plan, as updated, include the following: (1) Adult Day Care; (2) Chore Services; (3) Companionship; (4) FAcort; (5) Financial frisk Reduction; (6) Home Delivered Meals; (7) Homemaker; b. Health Malntenance Services (8) Housing Improvement; (9) Legal Assistance; (10) Pest Control Services; (11) Respite Services; (12) Shopping Assistance; (13) Telephone Reassurance; and (14) Transportetinn. The Contractor shall ensure that health maintenance services are made available as necessary to help maintain flip, health of functionally-impai cd 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: (1) Adult i-My Health Care; (2) Emergency Alert Response; (3) Gerontological Counseling; (4) Health Support; (5) Horne Ilcalfit Aide; (8) Nutrition Coiinsell%ig; (9) Occupationat 'rEerapy; (10) Personal Care; (11) Physical Therapy; (12) Skilled Nursing Services; Page 21 of 56 (July 2021 - Ji ie 2022) CCE 203.21 {6) Medication Management; (13) Specialized Medical Equipn)etnk, Services, and Supplies; and (7) Mental Health Counseling/Screening; C. Other Support Services (14) Speech Therapy. The Contractor shall ensure that support services expand the continuum of care options to assist functionally -impaired elders and their caregivers. Support services to be provided at the unit rate identified in the Contractor's Area Plan, as updated, include the following: (1) Caregiver `I'ralaning/Support; (4) Intake; (2) Case Aid; (5) Material Aid; and (3) Case f'dar<< elllent; (6) Other services, :is approved by (fie Department. 2. Service Units The Contractor shall ensure t!;: t the provision of services described in this contract is in accorit:3nce will) the current DOEA Handbook and the service tasks described in Section II,A. Attachtneut XIV, Service halt. Report, lists the services that can be performed, the highest reimbursement unit mate, 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 Department, 3. Administrative ttrslii,nsibllitles The Contractor shall provide management and oversight of CCE Program operations in accordance with tine current DOEA Handbook and the Department -approved Contractor's Area Man and Cost Analysis. Management and oversight of CCE Program operations include the following; a. Developing a competitive solicitation process for allocation of CCE funds, including appeal procedures for handling disputes involving the Lead Agency; b. Developing all Area Plan and updating it annually, at a nnininnum, as directed by the Departmnent; 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 nnawials, rules, and agreenient procedures of DOEA; d. Providing technical assistance and training to Lead Agencies, Subcontractors, and vendors to ensure provision of quality services; e. Monitoring and evaluating Lead Agencies, subcontractors, and vendors for fiscal, administrative, and programmatic compliance; f. Appropriately and tinnely submittiiij. paynncnts to subcontractors; g. Arranging in-service training for Lead Agencies 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, 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 io accordance with targets set by the Department; and k. Conducting annual client satisfaction surveys to evaluate and innprove 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 (.oily 2OZ1 - Jime 2022) CCL 203.21 must esFaz dish due dates for any subcontractors that permit the Contractor to nneet the Agency's reporting requirements 1. C1RTS Reports The Contractor shall ensnare timely input of CCE-specific data into C1RTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following; a. Client Reports; b. Monitoring Reports; c. Services Reports; d. Miscellaneous Reports; e. Fiscal Reports; f, Aging and Disa+,ilily Resource Center Reports; and g. Outcome Measurement Reports, 2. Annual Service Cost Reports a. The Agency shall require Contractors to mutually submit to the Agency Contract Manager Service Cost Reports, which reflect the actual costs of providing each service by pi ograin. Thus Aiuunal Service Cost Report will be due by February 25, of cacti year. Thus report will include actual costs for performing all services du E Ing the preceding calendar year. Supporting docu- nentatiori 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 Cost Report provides information for platuling and negoKahng 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 refnnbu sennent rates on an atunuat basis -'The Contractor nnay mutually renegotiate rates based on factors includhig but not limited W a revlew of sustainnability, 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 docttnnentation and tnacrative explanation, must be submitted by April 15 of each year, if a rate increase is being requested for any service in the next contact year. 3. Surplits/Deficit Reports The Contractor shall submit a Consolidated Surphts/Deficit Report, in a format provided by the Agency, to Ox Deparhnent's Contract Manager by the ittiin of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the Agency and must include tine following: a. A list of all contracts and Weir current status regarding surplus/defioit; b. The Contractor's detailed plan on how the surplus/dcfioit spending exceeding the threshold specified by the Agency will be resolved; c, Recommendations to transfer feuds within the PSA to resolve surplus/deficit spending; d. input from tine Agency's Board of Directors on resolution of spending issues, if applicable; Page 23 of 56 t+ (July 2021 - Jane 2022) CCE 203.21 4. Cost Anfllysis Tire Contractor shall submit a completed DOEA Cost Analysis forNon-Competitively Procured Contracts in Excess of Category 11 to the Department's Contract Manager by June 3011, of each yca3•. 5. Co -Pay Collections Repw-t The Contractor shall submit a consolidated annual co -payment colleotions report to the Department's Contract Manager. by July 25, 2022, using Attachment 5, located in Appendix B of :Ire current DOEA Handbook. 6. Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2020-2021 by August 30, 2021. The Contractor shall provide a new success story, quote, testimonial, or human -interest vignette. The highlights shall be 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 tha activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, gramn,:rr, prior to submitting them to the Agency. Page 24 of 56 �� (July 2021 - June :?022) F. Records and Documentation CCE 203.21 I 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 Dntn and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in CULTS or any such system designated by the Agency, 3. 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 CIR'I`S 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 hic for working with the Lead Agencies to correct addresses, and send a list to the Agency with confirmed addresses. Tile Agency will use this information to update maps, client rosters, and uniniatched addresses to disseminate to the Lead Agencies. 4, Data Intevvity anti Beek up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing tip of al I data and software is required to recover from losses or outages of the computer system. Data and software essential to the eontirnned operation of Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources, A copy of (lie backed -up data shall be stored in a secure, offsite location. 5. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup a�xi recovery and shall have the same requirement of its subcontractors. These p�)licies and procedures shall be made available to tile. Agency upon request, G. Performance Specifications 1, Outcomes and Outputs (Performance Measures) The Contractor must: a. Ensure the prioritization of clients and provision of services to clients in accordance with Section II.A.2, of this Contract; b. Ensure the provision of (lie services described in this contract are In accordance with the current DOER Handbook and Section II.A. t .-4 and Section I.I.D. L-3. of this contract; c. Timely and accurately submit to lice Agency all required documentation and reports described In Section II.E,; d, Timely and accurately submit to tine Agency Attachments XI, X1I, and XIII, and supporting documentation, in accordance with Attachment X, Invoice Report Schedule; and e. Develop and document strategies in the Area Plan to support tine Department's standard of performance achievement, including increases for the following: i. Percentage of most frail elders who ,.�.jti >iin at home or in the community instead of going into a nursing bonne; ii, Percentage of active clients eating two or more meals per day; iii, Percentage of new service recipients whose ADL assessment score has been maintained or improved; Page 2S of % (July 2021 - June 2022) CCB 203.21 iv. Percentage of new service recipients whose IADL assessment score has been maintained or improved; v, After set -vice intervention, tl;c percentage of who self -report being very confident about their ability to contimic to provide care; A. Percentage of clients who are at imminent , isk of- nursing home placement who are served with community-based services;. vii, Percentage of AP> refei i'als who need immediate services to prevent further harm who are served within seventy-two (72) hours; and viii, Percentage of elders assessed with high or moderate risk environments who improved their envieoninent score. 2, The Contractor's performance of the measures in Section ILC.1. above will be reviewed and documented in the Department's Annual Programmatic Monitoring Report. 3. Monitoring and Evaluation MLthodology The Agency will review and evaluate the performance of the Contractor under the terms of this conk act. Monitoring shall be conducted through direct contact with the Contractor through 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 Deparlment's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The .Agency may use, but is not limited to, one or more of the following methods for monitoring: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and tollow-.,j) on -site visits; C. Clientvisits; d, Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; f. Review of progress reports; g, Review of customer satisfaction surveys; i,. Agreed -upon procedures review by an external auditor or consultant; i, Limited -scope reviews; and j, Other procedures as dec!;ir l 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 Entitles Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in perforwing the requirements of this contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract, Page 26 of 56 (Ady 2021 - June 2022) 1, Agency Responsihilities 1. Agency Obligations CCR 203.21 The Agency may, within its resources, provide technical support andlor 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 requirenl.%I(ti. 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 1)f rights does not mean that all a l"mr areas of the contract are subject to mutual agreement. III. tkJE,1710D OF PAYMENT A. Payment Methods Used The method of payment for this contract is a combination of fixed-fee/unit rate, cost r�:,nbursement, and advance payments, subject to the availability of funds and Contactor performance, The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section ILD,, and in accordance with other terms and conditions of this contract, 1. Fixed Fee/Unit Rate Payment for Fixed Fee/Unit Rates shall not exceed ;.r:c,unts established in the Service Rate Report (Attachment XIV) per unit of service, 2, Cost Reimbursement Payment may be authorised only for allowable expenditures which are in accordance with the services specified in the Service Rate Report (Attachment XIV). All Cost Reimbursement Requests for Payment must include a Receipt and Expenditure Report (Attachment XIl) as well as a Cost Reimbursement Sununary form (Attachment XIII), beginning with the first montli of this contract. Reimbursement a►nounts for administrative casts must be reflected on the Cost Reimbursement Summary form (Attachment X1I1) and include only items contained oft the Contractor's Cost Analysis form. The Agency reserves the right to review supporting documentation for any cost reimbursement requests, 3. Advauee Payments The Contractor may requusi ap 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 fiends released to the Agency by the State of Florida (budget release). The Contractor's requests for advance payments require the written approval of (lie Depai tment'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 firnds 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 tile Contractor's financial need for the second month of advances. The Contractor must also describe how the funds will be distributed for the fast and second month. If sufficient budget is available, and the Department's Contract Manager, in his or leer soie discretion, has detcrmined that there is justified need for an advance, the Agency will issue approved advance payments after July 1 st of tine contract year, a, Any advance payments the Contractor requests for subcontractors must be distributed within seven (7) days of receipt of payment from the Agency. The Contractor shall submit to the Afenry documentation to support full distribution of advanced firnds with ReportNumber 5, due to the Agency on October 25, 2021, in accordance with the Invoice Report Schedule (Attaclunent X). b. All advance payments retained by the Cmilractor must be fully expended no later than September 30, 2021. Any portion of advance pay,ncnts not extfcnded 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 z (July 2021 -.irute 2022) CCG 203.21 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 "Oe reported as an advance recouptnent on each Request for Payment (Atta❑hnrent XI), slanting with Report Number 5, In accordance with the Invoice Report Schedule (Attachment X). 13, 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 anhonmti of the iunds identified on the Annual Budget Summary form require a contract amendment, C, Method of Invoice Payment Payment shall be shade upon the Contractor's prese ii idon of an invoice subsequent to the acceptance and approval by the Agency of the deliverables slir rv;,n on the invoice. 'rhe form and substance of each invoice submitted by the Contractor shall be as follows: 1, Have a Remittance Address that corresponds exactly to the "Remit To" address provided to MyFlorldamzu-ketPlace (MFMP) during registration; 2, Request payment monthly for the units of services established in the Contractor's approved Area Plan, provided in conformance with (lie requirements as described in the current DOEA Handbook, at the rates established in the Service Rate Report (Attachment X IV.) of ,he contract, Documentation of service delivery niust Includea. report consisting of the following: inimber of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Reimbursement atnau►►ts for administrative costs must be reflected on the Cost RWmbursement Summary form (Attachment XIII) and include only items contained on the Contractor's Cost Analysis farm, Any requested changes to the approved budget subsequent to the execution of this contract ni,,ist be submitted to the Department's Contract Manager for written approval. Any change to the total contract amount requires a formal contract amendment; 3, The Contractor shalt 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 d, All Requests for Payment shall be based on the submission of monthly Receipt and Expenditure Reports 1>cginuing with the first tiionth 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 be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due front the Contractor and any adjust.nents thereto, including any disallowance rw" resolved. Is, Final Invoice Instruct foils The Contractor shot: submit the final Request for Payment to the Agency no later than August 15, 2022. F. CIRTS Data 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 DOER Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services) Subcontractors must enter this data into the CIRTS prior to submitting their Requests for Payment and Rxpenditure Reports to the Contractor, The Contractor shall estrttblislh 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 must he submitted to the Contractor with the monthly Request for Pvynu:nt Page 28 of 56 (July ,021 - June 2022) CCR 203,21 and Receipt and Expenditure Report and must be reviewed by the Contractor before the subcontractor's request for Payment and Receipt and Fxpendittire Reports can be approved by the Contractor. H. Corrective Action Plan 1, Contractor sliatl ensure one hundred percent (100%) of tiie deliverables Identified in Section [I,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 Wont i! icd ill Section II,D.I .-3, of dais contract, the Contractor will have ten (10) days to submit a CAP to tiie 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 steal, assess a Financial Consequence for Non -Compliance oil tine Contractor as referenced in Section III.I, of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CA 11. The Agency will also ass ::: a financial consequence for failure to timely submit a CAP. 3. If the Contractor fails to correct an identified deficiency within the approved tinge specified Ili the CAP, the Agency shall deduct the percentage established ill Section IIi,i. of this contract 1i-om the payment for the invoice of the following month. 4, If the Contractor fails to tinkly submit a CAP, the Agency shall deduct file percentage established in Section 111,1, of this contract for each day tine 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 con(, a for fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced In Section II.D, of this contract. The following financial consequences will be imposed if the deliverables stated do not meet In part or in whole the performance criteria as outlined lit Section II.D, of this contract: 1. Delivery of services to eligible cliciita 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 III.H.; 2, Services and units of services as referenced in Section Y,13.2, of this contract Failure to provide services in accordance with the current DORA Handbook, the service tasks desci ib--d in Section ILA,, and the Service Rate Report (Attachment XIV), and/or failure to submit required documentation will result ill 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 i&:,Afied deficiency is not cured or satisfactot ilk addressed in accordance with the Agency approved CAP, referenced in Section III.H.; 3. Administrative duties as referenced in Section II.D.3. of this contract - Failure to perform management and oversight of CCH 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 tine Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section 111-H.; 4. Timely submission of a CAP -- ,Y41urc to timely subunit a CAP within ton (10) 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 begirt tile first business day following [lie Department's notification to the Contractor that the Identified deficiency was not cured or satisfactorily addressed Ili accordance wiW the Agency -approved CAP, referenced ki Section I11,H.; and 5. Exceptions may be granted solely, lit writing, by the Department's Contract Manager. Page 29 of 56 Ka (July 2021 - June 2022) 1V. SPE'CIA L PI? 0VISIONS A, Final 1ludget and funding Revision Requests CCG 203.21 Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services mast be submilted to the Department's Contract Manager in writing no later than June 30, 2022; email requests are considered acceptable. B, Contractor's Financial Obligations 1. Matching, Level of Effort, and Earmarking Requirement The Contractor must provide a match of at least ten percent (10%) of the cost for all CCF_ services. The match must be made in the form of cash and/or in -kind resources. At the end of the contract period, all CCE funds expended must be properly matched, State funds shall not be used to match another state -funded program. 2. Cost Sharing and Co-Payineols Pursuant to Section 430.204(8), F.S., and Rule S8C-i ,, 0l, P.A.0 ., the dollar amount for �:o-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 (1+PL) as established each year by the U.S, Department of Health and human rviccs. b. No client may have their services lcrminated for inability to pay their assessed co -payment. The Contractor, in conjunctlon with provider agencies, must establish procedures to remedy financial hardships associated with co -payments and ensure there is no interruption in service(s) for !liability to pay. If a client's co - payment is reduced or waived entirely, a written explanation for the change must be placed in the client file. c. Co -payments include only the amounts assessed to consumers by subcontractors or the amounts consumers opt to contribute in lieu of an assessed co -payment, 'rhe co:;. t.aner's contribution must be equal to or greater than the assessed co -payment. Co -payments collected in the CCE Program can be used as part of the local match, as detailed above in Section IV.B.1. 3. Use of Service Dollars nul 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 leaving a wait list and a surplus of finds at the end of the contract period. If the Age-tcy determines that the Contractor is not spending service fiords accordingly, the Agency may transfer funds to other AAAs during the contract period and/or adjust subsequent fundiiu; allocations accordingly, as allowable under state and federal law, 4. Contract Limits In no case shal l the Contractor be required to itrcur costs in excess of the contract amount in providing services to clients. C. Remedies for Nonconfornihitr Services 1. Tire Conti[ictor shall ensure that all goods and/or services provided under this contract fire 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 (lie Contractor fails to meet the prescribed quality standards for services, such services wall not be reimbursed under this contract. In addition, any nonconforming goods (including homc delivered meals) acid/or services not meeting such standards will not he reimbursed under this contract. The Contractor's signature oil (lie Request for Payment form certifies maintenance of supporting documentation and acknowledgement that llle Contractor shall solely bean 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 Reporthig The Contractor sliall notify (he Agency immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of changes that may ivaterially affect the Contractor or any subcontractor's Page 30 of 56 (July 2021- June 2022) CC] a 203.21 ability to perforrn the services required to be performed under this contract and in authorizing proviso". Such notice shall be made orally to the Department's Contract Manager (by telephone) with all entail to hnnne&ately follow, including the Contractor's plan for provision of services authorized in proviso. E. Investigation of Cri► bial. Allegntio►►s Any report that implies criminal intent oil the part of the Contractor or ally 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, oi, other governmental agency, the Contractor shall notify the Inspector General at the Agency inlnlediately, A copy of all documents, reports, notes, or other written material concerning the investigation, whether ill the possession of the Contractor or subcontractors, must be sent to the Department's Inspector General with a summary of the it ,--stigation and allegations. F. Volunteers Tile Contractor shall ensure tine use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services, If possible, the Contractor shag: work in coordination with organizations that have experience in providing 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 Corpo! aiiorl for National and Community Service), G. Eliforecntent 1. In accordance with Section 430.04, F.S., the Agency shall rescind designation of an area agency on aging or take intermediate pleasures Against tine Contractor, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the Agency, placement oil probationary status, i mposing a moratorium on Contractor action, imposing fillaklclal 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; N 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 tite 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. 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 t!ze 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 M.-diiientions Tile Department's Contract Manager has the authority to modify and/or extend deliverable deadlines, Ail deliverable extension requests "lust be made to the Department's Contract Manager, in wt iting, prior to the required deadline. All approvals for deliverable extensions "lust be communicated, in writing, by the Page 31 of 56 (duty 2021 - dune 2022) CCE 203.21 Agency's Contract Manager to the Contractor and are subject to tine discretion of the Agency's Contract Manager, The requests and the approval roust occlir prior to the established deadline, An e-mail writing (request and response) is considered acceptable, END OFATTACHMENT Page 32 of 56 (July 2021 - Jime 2022) CCE 203.21 ATTACHMENT II FINANCIAL, AND COMPLIANCE AUDIT The adinninistration of resources awarded by the Agency to the Contractor inay be subject to audits and/or nionitoring 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 ew,, i ing into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In tine 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 (lie Agency to the Contractor regarding such audit. The Contractor further agreesto comply and cooperate N_: ith any inspections, reviews, investigations, or audits deenned necessary by the Chief Financial Officer (CFO) or Auditor General, AUDITS t'ART I: FEDL+'RALLY FUN?)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 snore in federal awards during its fiscal year, the Contractor must have a single or prograinn-specific audit oomiticted in accordance .�,ith the iajcivisions of 2 CFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. In determining tine federal awards expended in its fiscal year, tine Contractor shall c:cirsidcr all sources of Federal awards, including federal resources received fronn 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 tine Auditor General in accordancewith the provisions of 2 CFR fart 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR § 200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, ain audit conducted in accordance with the provisions of 2 CFR Part 200 is not required, In the event that the Contractor expeoids less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with (lie ,provisions of 2 CFR Part 200, the cost of tine awia i nust be paid from non-federal resources (i.e., the cost of such audit niust 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 sliall be based on the contract's requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requ;romeint was nnet for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to tine 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 eacii contract with the Agency in effect during (lie audit period. Financial reporting packages required under this pact must be submitted within the earlier of 30 clays after receipt of the audit report or 9 months after the end of the Contractor's fiscal year end. PART II: STATE FUNDED Page 33 of 56 (,July 2021- Jur►e 2022) CCE 203.21 This part is applicable if tile Contractor is a non -state entity as defined by Section 215,97(2), F.S. In the cveiit 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 tl►e Department of Financial Sol -vices; and Chapter 10,550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of tite Auditor General, V inancial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Agency by In determining the state financial assistance expended in its fiscal year, the Contractor shall consider All sources of slate financial assistance, including state financial assistance received from the Agency, other state agencies, andother non - state entities. State financial assistance d-Ims 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, paragrapl; 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S, This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chanter 10,550 (local governmental entities) or 10.650 (nonprofit and foe -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 2115,97, F.S., is not required. In the event that the Contractor expends less tli:ui $750,000.00 isz state financial assistance ht its fiscal year and elects to have au audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit roust be paid from the non -state entity's resources (i.e., tl„ 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 :J all cover tlue enlire 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 toles, regulations, or statutes. Tile financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All que.;tioned costs and liabili!ie:: due to the Agency shall be fully disclosed in the audit report with reference to the Agency contract involved. If not otlrerv,�;sc disclosed as required by Rule 691-5.003, F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract nu mbr.r for each contract with tine Agency in effect during the audit period. For local governunental 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 p rrt must be submitted within 45 days after delivery of tite audit report, but no Iater than 9 mmntlis after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee ti►e 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, shalt be submitted, when required by 2 CFR § 200.512 by or oil behalf of the Contractor directly to each of the following: Federal Audit Clearinghouse Bill -eau of the Census 1201 East 101" Street J'effersonvllle, IN 47132 Pursuant to 2 CFR § 200,512, all other Federal agencies, pass -through entities and others interested In a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall s:i6mit a copy of any management letters =sed by the auditor directly to the Agency. Page 34 of 56 (July 2021 - Jude 2022) CCE 203.21 Area Agency on Aging for Southwest Florida, Inc. Attn: Rick Cocchieri, Director of Finance 280 Winkler Ave, Suite 112 Ft Myers, Florida 33916 Additionally, copies of financial reporting packages required by this contract's financial Compliance Audit Attach:l)cnt, Part 11, shall be submitted by or on behalf of the Contractor directly to each of the following: Tha Agency at the following address: Area Agency on Agingfor Southwest Florida, Inc, Attn: Rick Cocchieri, Director of Finance 280 Winkler Ave, Suite 112 Ft Myers, Florida 33916 Tile Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Roans 574 111 West Madison Sheet 'Tallahassee, Florida 32399-1450 Any reports, management letters, or other information required to be submitted to the Agency pursuant to this contract shall be submitted timely in accordance with 2 CFR P:w 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 doge in accordance with 2 CFR Part 200 or Chapter 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of tine Auditor General, should indicate the date that the reporting t7aAage 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 A years from the date the audit report is issued, and shall allow the Agency or its designee, the Director, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to (lie Agency or its designee, Director, or Auditor General upon request for a period of six (6) years from (lie date the audit. report Is issued, unless extended in writing by the Agency. Page 35 of 56 C), L� (July 2021 - June 2022) CCH 203.21 ATTACHMENT II -EXHIBIT 1 PART I: AUDIT RELATIONSHIP DETERMINATWN 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 de(crrnined to be recipients or sub recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit, threshold requirements set forth in Part I and/or Part Il of Exhibit I are nrct. Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR § 200.38 and/or Section 215.97, F.S. Regardless of whether the audit requirements are met, Contractors who have been determined to be recipients or sub -recipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliancc requirements, In accordance with 2 CFR Part 200 and/or Rule 691-5.006, F'.A.C., Contractor has been determined to be: Vendor not subject to 2 CFR § 200.38 and/or Section 215,97, F.S. X Recipient/sub-recif)ient subject to 2 CFR §§ 200,86 and 200.93 and/or Section 215,97, F.S. —Exempt organization not subject to 2 CFR fart 200 and/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, Vanches of state (Flor-ca) government, and charter schools are exempt, Exempt organizations must comply with all compliance requirements set forth within the contract or award document, MOTE: 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 subcorstract, 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 REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL A" A R DS. Contractors who receive Federal awards, state maintenance of effort Funds, or state matching funds oil Federal awards acid who are determined to be a sub. recipient must cnrnply with the following fiscal laws, rules, and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST 1+OI:1,0W: 2 CFR § 200.416 - § 200.417 Special Considerations for States, Local Governments, and Indian Tribes* 2 CFR § 200.201 — Administrative Requirements" 2 CFR § 200 Subpart F-- Atrdit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, males, and regulations NON-PROFIT ORGANIZATIONS [MUST VOLLOW; 2 CFR § 200,400 - § 200.411 — Cost Principles* 2 CFR § 200.100 -- Administrative Requirements 2 CFR § 200 Subpart F --- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL. GOVERNMENT) MUST FOLLOW: 2 CFR § 200.418 § 200,419— Special Considerations for Institutions of Higher Education* 2 CFR § 200.100 — Administrative Requirements 2 CFR § 200 Subpart F--Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations *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 ��t (July 2021 • Jime 2022) CCE 203.21 **For Ruiding passed through U.S. health and Human Services, 45 CFR Part 75; for funding passed througlh US Department of Education, 34 CM Part 80, STATE FINANCIAL ASSISTANCE, Contractors wlio receive , tate financial assistaricc and who are deternu ned 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 Complh:�ice Supp;cnient Reference Guide for State Expenditm Other fiscal requirements set forth in piogram laws, rules, and regulations Page 37 of 56 to (July 202 June 2022) CCR 203.21 ATTACHMENT H-EXHIRIT 2 FUNDING SUMMARY (2021-2022) Note: Title 2 CFR, as revised, and Section 215.97, F.S., require that the information about Federal Profirams and State Projects included in Attaclnncut 11, Exhibit 1, be. pi-ovided to the recipient. Information contained herein is a prediction of fumlf:;g sources an.' related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO '1'C [ I SIIIIRECIPIEN,r III N,141ANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAiN#): -- -- - - - FEDERAL AWARD DATE: DUNS NUMBER: 'ROGRAM TITLE FUNDING SOURCE CI+DA AMOUNT 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 Nan -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST Or THE FOLLOWING: ZATCHING RESOURCES FOR FEDI;:RAL PROGRAMS PROGRAM TITLE FUNDING SOURCE mew AMOUN`1' TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97 F.S. PROGRAM. TPI'LE FUNDING SOURCE CSFA AMOUNT Community Care for the EIderly General Revenue 65..010 $1,000,993.48 '1'(l't`AL AWARD $I.OD0,993,48 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO TI-HS CONTRACT ARE AS FOLLOWS: STATE FIN v( IAL ASSISTANCE Sections 215.97 & 215,971, F.S., Chapter 69I-5, F.A,C., State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program la%vs, rules, and regulations Pnge 38 of 56-: (July 2021 - June 2022) CCE 203.21 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA will not award this contract unless Contractor completes this CERTIFICATIONS AND ] ASSUIZ ANCES. In performance of this contract, Contractor provides the following certifications and assurances; A. Debarment anti Suspension Certification f29 CFR Part 95 and 45 Cr; R Pant 75 B. Certification Regarding Lobbying (29 CFR Part 93 and 45 CI+R Part 93 C, Nondiscrimination & Equal Opportunity Assurance (29 CFR Part 37 and 45 CFR Part 80) D. Certification Rcuardlim Public E jifity Crinies section 287.131 F.S. E. Association of Community Organizations for Reform Now ACORN Fund in , ]Iles rfctions Ass ranee ,(,Pub. L. 111-1171 F. Scrutinized Companies Li is pno No Boycott of Israel Carfificatlon section 287.135 F.S. G. Certification Regarding Data Iategeity Compliance for Contracts, Agreements, Grants, Loans, and Cooperative Agreements H. Verification of Employment Status Certification I. Records and Document-mion ,T. Certificatlon Rc ording Inspection of Public Records A. ['EPTIFICATION 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 pri ncipals: 1. Are not presently debarred, suspended, proposed for deparment, 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 liven convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obblning, 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, falsifcalE)n or destruction of records, staking false statements, or receiving stolen property; 3. Are not presently Indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph A.2, of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default, The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients and contractors shall provide this certification accordingly. B. CERTIFICATION REGARDING LOBBYING. -CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEWILNTS, 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 snaking of any Federal grain, the making of any Federal loan, Page 39 of 56 01 t.� (July 2021 - June 2022) CCE 203.21 tite entering into of any cooperative agreement, and tile, extension, continuation, renewal, amendment, or modification of ally Federal contract, g i nit, loan, or eooperaU�it 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 eniployce of a Meitlber 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 subcon(racts at all tiers (including subcontracts, sub -grants, and contracts under gratits, loans, and cooperative agreements) and that all sub -recipients and contractors shall ccrtlfy and disclose accordingly. This certification is a niatorial 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 tills 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- DISCRIMIl►MATION & EQIJAL OPPORTUNITY ASSURANCE (29 CVR PART 37 AND 45 CF14 TART 80). - As a condition of the Contract, Contractor assures that it will comply fitlly with the nondiscriminAion and equal opportunity provisions of the following laws: 1, Section 188 of file Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all Individuals in (he 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 VA 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 unposed by or pursuant to the Regulation of the Department of Health and Hunlan 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 front participation in, be denied tine 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 Ager icy. 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 [tie Departntei it of Health and Human Services (45 CFR Part 84), to (lie end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in (lie United States shall, solely by reason of lus handicap, be excluded from participation in, be deified the benefits of, or be subjected to discrimination under any program or activity for which the Applicant ; vcLives Federal financial assistance from tite Department and Agency. C The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFIZ Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on (Ile basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination raider any program or activity for which the Applicant receives Federal financial assistance front the Agency. 5. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all regrurernents imposed by or pursuant to the Regulation of tiie Department of Health and Human Services (45 CFR Part 86), to the end that, in accordance with Title 1X and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which (lie Applicant receives Federal financial assistance front the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices including job app ication procedures, hiring, firing, advancement, compensation, training, and other terins, conditions, and privileges of employment, 1t appi ies to recruitment, adver(ising, 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 taws listed above. This assurance applies to rontractor's operation of the WTA Title I -- financially assisted program or activity, and to all contracts Contractor snakes to carry out the W1A Title I — financially assisted program or activity. Page 40 of 56 (July 2021- Juile 2022) CCE 203,21 Contractor tuderstands that DOHA and theUnited States nave the right to seek i udicial enforcement of the assurance. The undersigned snail 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 Gffiliate of Contractor, has been convicted of a PuL-lic Entity Cri im 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 RF ORM 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 Appropriatiom Act, 2010, Division E, Section 511 (Pub. L. It 1-117). The Continuing Appropriations Act, 2011, Sections lot and t03 (Pub. L. it 1-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided h,. Pub. L. I I 1-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (inxi!uding subcontracts, sub -grants anti 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 ISRAEt CERTIFICATION, SECTION 287.135, F.S. In accordance with section 287.135, M., 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 oil either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and iliat it is not engaged in businw ,r-s operations in Cuba or Syria. Contractor understands that pursuant to section 287,135, F.S,, the submission of a false certification may result in the Agency terminating this contract and the submission of a false certification may subject Contactor to civil penalties and attorney fees and costs, including any costs for investigations that led to the finding of false certification. If Contactor is usable 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 contact have financial management systems capable of providing certain information, Including: (1) accurate, current, and complete disclosure of the financial results of each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contrao supported activities; and (3) the comparison of outlays with budgeted amounts for each award, The inability to process infnrn::ttion in accordance with these requirements could result in a return of g-mt funds that have not been accounted for 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 56 '�y (July 2021 - Jruno 2022) CCE 203.21 to be capable of processing data accurately, including year -date dependent data. For those systems identified to be noncompliant, Contractors will take immediate action to assure data integrity. 3. If this contract includes the provision of hardware, software, firmware, microcode, or iambedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately, All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. S. The Contractor and any Subcontractors of services under this contract warrant that their policies and procedures include a disaster plan to provide for service delivery to continue in case of am emergency, including emergencies arising from data Integrity compliance issues. H, VERIFICATION Or EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Agency, Contractor certifies the use of the U.S, Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by Cono xAor during tine contract terns to perform employment duties pursuant to this contract, and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this contract uti lizc the E-verify system to verify the employment eligibility of all new employees !tired by the Subcontractor during the en°ire contract team, The Contractor shall require that tine language of this certification be included In all sub -agreements, sub -grants, and other ar;-eement,:/contracts and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon s,,hich reliance was placed when this contract was made or entered Into. Subinission of this certification is a prerequisite for making or entering; into this contract imposed by Circulars A-102 and 2 CFR Part 200 and 215 (fornu;rly OMB Circular A- 110). I. RECORDS AN,,'I1 DOCUMENTATION The Contractor agrees to snake availal)ie to Agency staff andfor any party designated by the Agency any and all related records and documentation. The Contractor sliali ensure the collection and maintenance of all program related information and documentation oil any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. J. CERTIFICATION REGARDING INSPE;_'A It rig OF PUBLIC REC01IDS 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 conntneneed as contemplated by section 119.0701(4), F.S., and tine Agency is named in tine 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 fhercunder. a. Notwitlrstariding section 119.0701, I .S., or other Florida law, this section is not applicable to contracts executed between tine Agency and state agencies or subdivisions defined in section 768.28(2), F.S. 2. Section 119,01(3), F.S., states if public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of such an entity which pertain to the public agency (Florida Depaxti ent 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. Page 42 of 56 (Judy 2021 - June 2022) CCE 203.21 Additionally, I certify this organizatioti does ® does not Q provide for institutional memberships. Contractor's signature below attests that records pertainirtg to the dues or membership application by the Agency are available for inspection if applicable, as stated above, By execution of this contract, Contraclor must include these provisions (A-J) 1n all related subcoattract agreemelits (if applicable), By signing below, Cotitractor certifies that flee representations outiined in parts A through J above are 11-ne and correct, iami Trail F. tt� Si nature and Title of zxtltot tz� 1�e15rescutativc Street Address Daniel R Rodriguez Collier County Board f County Commissioners Na ieti FL 34112 Contractor 44 D+rte City, State, Zits code Approved as to form and legality Assistant County Attorney Page 43 of 56 0 V (July 2021 - Juno 2022) CCE 203.21 ATTACHMENT IV ASSURANCES--- LION-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, Paperlvork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OIL 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. II'yot► have questions please Contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to additional assurances. If such Is the case, you will be notified, t. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including r''oil ds 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, th:'ough any authorized relnres ntative, access to and the right to examine all records, books, papers, or documents related to the award; and will establi:sll a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. V, ill establish safeguards to prohibi', employees from t,sing 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. S. 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.P'.R, 900, Subpart 11). 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 RehabLitation Act of 1973, as ametio'cd (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) 1he Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on (lie 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 a lid 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 6) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.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 io.- project purposes regardless of federal 13�irticipation in purchases. Page 44 of 56 (July 2021 - June 2022) CCE 203.21 8. Will comply, as applicable, with (lie provisions of the Hatch Act (5 U.S.C. §§ 1501.1508 and §§ 7324-7328), which limit (lie political activities of employees whose principal employment activities are funded in whole or in part with federal funds, 9. Will comply, as tpplicable, with the I)i ovi;;ions of iiie Davis -Bacon Act (40 U,S.C, % 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U,S.C, §§ 327- 333), regarding labor standards for federally assisted construction sub -contracts. 10. Will comply, if applicable, witli flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.l... 93-2`4) which requires recipients in a special flood hazard area to participate ill the program and to purchase flood insuratce if the total cost of insurable construction and acquisition is $10,000,00 or more, 11, %vill comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environs icr;tai quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of y iAating 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 prplect consistency wit the approved State management progrann developed under (lie Coastal Zone M41naf ennent Act of 1972 1116 U,S.C. § 1451 et seq,); (f) conformity of federal actions to State (Clear Ali,) implementation Plans under Section 176(c) of the Clear A it Act of 1955, as amended (42 U.S.C. § 7401 et seq); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under theEndangered Species Act of 1973, as amended (P.L, 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C, § 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National i Ustorie Preservation Act of t966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-I et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Aninlal Welfare Act of :966 (P.L. 89-544, as amended, '1 U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of mrrt blooded animals held for research, teaching, or other activities supported by this award of assistance. 16, Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence Structures. 17, Will cause to be performed [lie required financial and compliance audit,,' in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200. 18, Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this SIGMA't' URl. O ...kUTHf t I; l7,rkD t;ERTII-'YING Ol?,F1'cIAL TITLE Public Service Uc artment Head APPLICANT ORGA4 ATli � DATE SUBMITTED Collier (.;otinty Hoard of Coun Commissioners 0 2 I Approved as to fonn and legality Page 45 of 56� Ass stunt County A!I'11•ric� �y (July 202I - dune 2022) ATTACHMENT V FLORIDA DEPARTMENT OT ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Prograut/Facility Name Comity AAMContraclor Address Completed By City, State, Zip Code Date _ Telephone CCE 203,21 PART 1; RE All'I`HRATTACHED INSTRUCTIONS FOR 1LLUSFIZ `I'IVli IN UI(AIA'17UN 1YI.11U11 WILL t1LLr vUu Lvirrrl,r,I to TMS FORA•I, 1. Briefly describe the geographic area served by the program/facility and the type ofservice provided: For questions 2-5 please indicate the foil 2. Population of area served 3. Staff currently employed d. Clients currently enrol lut'i ec_istered S. Advisory/Governing Board If applicable owing: Total It % Whitc % Black % Hispanic % Other % Femalul I°r6 Disabled Ovel-10 Source of darn: Effective date: Effective date: PART II: USE A SEPARATE SHEET OF PAVER FOR ANY EXPLANATIONS REQUIRING MORb; SPACE, I1! N/A or N0, EXPLAIN. 6, Is an Assurance of Compliance on file with DOEA? N/A YES NO ❑ ❑ ❑ 7. Cc oipace the staff composition to the population. Is staff representative of the population? N/A YTS Nt f ❑ ❑ ❑ S, 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? El (71 9. Are all benefits, set -vices 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 Mace, color, national origin or disability? NIA YES NO LJ ❑ U 11. Is the program/facility accessible to non-English speaking clients? N/A YES NO -� ❑ n ❑ 12. Are employees, applicants and participant!; informed of their protection against disorimination? If YFS, lioNv7 N/A YES NO Verbal ❑ Written ❑ Poster ❑ ❑ ❑ ❑ Page 46 of 56 � (Ji ly 2021 - Junn 2022) CCG 203,21 13,Give the number and current status of allv diserhninatioil eolliplahits regarding services or employment FJcd N/A NUMBER against the program/facilily, 14. is the progranVI[hollity physically accessible to mobility, hearing, and sight -impair cd individuals? N/A YES ;,:t) ❑ ❑ ❑ PARTII1: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FM I LITIES WITII 15 Cis? h1ORE Gi4IP1.0 1'.1.' I1.` NO, EXPLAIN. 15. Has as a self evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO necessary modifications? ❑ El 16. Is there au established grievance procedure that incorporates due process in the resolution of complaints? YES NO Ll 0 17. Has a person been designated to coordinate Section 504 compliance activities? YES NO 11 El 18. Do recruitment and notification materials advise applicants, employees, and participants of nondiscrimination oil YES NO the basis of disability? ❑ El 19. Are auxiliary aids available to ensure accessibility of'services to hearing and sight -impaired individuals? YES NO -� n ❑ PART IV: FOR PROM01S OR FACILITIES WITH 50 OR RNIORr EMPLOYEES AND FEDERAL CONTRACTS Or S50,000.a0 OR MORE, 20, Do you have a written affirmative action plan? If INTO, explain, Y K S NO n ❑ Reviewe In Compliance: YES NO* Program Office *Notice of Corrective Action Sent Date '1'eleplmue - Response Due / / Oil -Site Desk Review Response Received Page 47 of 56 Q (Judy 2021 - June 2022) CCL 203.21 ATTACHMENT V INSTRUCTIONS TOIL '1'11! ; CIVIL RIGHTS COII4PLIANCE CHECKLIST 1, Describe (lie geographic service area such as a district, county, city, or other locality, If the progt,am/facility serves a specific target population such as adolescents, describe the target population. Also, define the type m service provided, 2, Enter the percent of the population served by race, sex, disability, and ovc r the age of 40. The population served includes persons in the geographical area for services are pi-ovided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics, ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race, sex, disability, and over the age of 40. Include the effective date ofyour suintnary. 4. Enter the total mjwl.ier of clients who are enrolled, registered or currently served by tine 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 :here is a significant variation be!o, t:t,n the race, sex, or ethnic composition of the clients and their availability in the population, (lie program/facility has tiie 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, disabili' y, 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 roust have oil file an assurance that tiie program will be conducted in compliance with all uondisedininatory 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 (lie staff reflective of the general population? For example, if 10% of file population is Hispanic, is there a comparable percentage of Hispanic staff? 8. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or, employment. 45 CFR § 80.3(a) and 45 CFR § 80.1. 9. 1',trliJimi is or clients must be provided services such as ntu{kcal, nursing, and dental care, laboratory services, physical and reercatioral 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 niust be applied uniformly and without regard to race, sex, color, national origin, religion, age, or disability. Entrances, waiting rooms, reception areas, restroonis, 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 roons, wards, etc,, without regard to race, color, national origin, or disability. Also, residents roust not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability, 45 CFR § 80,3(a). 11, The program/facility and all services must. be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of lion -English speaking people live, program accessibility may include the employment of !�ilingual staff, In other areas, it is sufficient to have a policy or plan for service, sLich as a current list Oftianic,s and telephone numbers of bilingual individuals who will assist ill the provisi�-In of services, 45 CFR § 80.3(a), 12, Programs/facilities must make information regarding the nondk_-riminatory provisions of Title VI available to their participants, beneficiaries, or any other interested piir(�es. 45 CFR § 80.6(d). This should include information on their (tight to file a complaint of discrimination with either the Ageiicy or the U.S. Department of Health and Hunian Services. The information may be supplied verbally or ill writing to every individual or may be supplied thtbugh (lio use of an equal opportunity policy poster displayed in a public area of the facility, 13. Report number of discrimination complaints filed against the prograni/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 (duly 2021- dune 2022) CCR 203.21 termination, etc.). Indicate the civil rigtrts 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, fi'.lure to conciliate, failure to coo .crate, 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 eats 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, restroonis, 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 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 trade and of any remedial steps taken 45 CFR § 84.6. (This checklist may be used to satisfy this requirement if these four steps have been 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. Prot;{•a►ns or facilities that employ 15 or more persons shall designate at least one person to coordinate its efforts to comply with fart 84 (if Title 45, CFR, 45 CFR § 84.7(a). 18. Programs or facilities that employ 15 or mr�-P persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees that the program/facility does not discriminate oil the basis of handicap in violation of Section 504 and Part 84 ofTitle 45, CFR. Nilcthods of initial and continuing notification tray include the posting of notices, publivation in newspapers and magazines, placement of notices in publications of the programs or facilities, and distribution of memoranda or other written communications. 45 CFR § 84.8(a), 19. Programs or facilities that employ 15 or more persons shall provide appropriate auxil,;X y aids to persons with impaired sensory, manual, or speaking skills where necessary to afford such persons an equal •-pporttinity 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(u. 20. Programs or 1i1cilitles with 50 or more employees and $50,000.00 in federal contracts must develop, impleutent, and maintain a written affirmative action compliance program in accordance with Exeoutive Order 11246, 4 t CFR Part 60 and Title VI of the Civil Rights Act of 1964, as amended. Page 49 of 56 O ei u z c. %a kA O .2- 0 (July 2021 - Jime 2022) Deportmont or ELDER A.FFAIRS STATE Or MOtt1DA BACKGROUND SCREENING i3ACKGROUNitSCRLLtNING Attestation of Compliance -Employer AUTHORITY; Thls forut is required annually of all employers to Comply With the attestation requirements set forth in see(lon 435.05(3), Florida Statutes. CCC 203.21 Roti IDeSnutis Cozre rrlor Richard Prudom Serretaq )' The terns "employer" nicans any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on AginglAging and Disability Resource Centers, Lead Ageneies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs (DORA), and any other person or entity which hires employees nr has volunteers in service who ineet the definition of a direct service provider. See §§ 435.02, 430.0402, Via, Staff. Y A direct service provider is "a person 18 years of age or older who, pursuant to a program to provide services to (lie elderly, hus direct, face-to-face conlact N01h a client while providing services to (lie client and has access to the client's living area, Rinds, personal property, or personal identification information as defined in s. 817,568. The terns includes coordinators, managers, and supervisors of residential facilities and volunteers." § 430.0402(l)(b), Fla.Stat. ATTESTATION: As the duly authorized representative of located at Street fl ddress l MP10yer Name City Stale Glp cock T t, — do hereby affirm under penalty of Name ofRepresentatfve perjury that the above -named employer is ill G4tnpli811Ce With the prOvlsiollS of Chapter 435 and section 430.0402, Moridn Statutes, regarding level 2 background screening. Sigltafure of Representative Date DOxX l%orm e35, Auestetion gfCon+pftonce - Employer; Effeclfre Jramimy 19, 2021 Secllon 435,05f3J, F,S l orvrr n,allnfrle rrC Ir1t rJlp e]�ler-a(lr+trs.srrtte„(jtrslg�g��ltl{r�kgr•oundse�eentrrg,�lr�r Page 51 of 56 011 iy 2021 - Ju►ie 2022) ATTACHMENT ViII ANNUAL BUDGET SUMMARY CCE Collier County Board of County C.'onfiss,ionets 1. CCC,Services Allocation $1,000,993,48 Total $1,000,993,48 CCL 203.21 Page 52 of 56 (July 2021 - Julle 2022) ATTACHMENT IX IN'VOICC REPORT SCHE1) 11 t ,F, Report Nu3nher Based On 1 July Advance* 2 August Advance* 3 July Invoice 4 August Invoice 5 September Invoice 6 October Invoice 7 November Invoice 8 December Invoice 9 January Invoice 10 February Invoice I l March Invoice 12 April Invoice 13 May Invoice 14 June Invoice 15 Final Invoice Legend: * Advance based on projected cash need. CCE 203,21 Submit to Agency oil This Date July 1 July 1 August 11 September 11 October 11 November 11 December 11 January 11 February 11 March 11 April 11 May 11 JtutE 11 j1dy 11 July 25 Note# I: Report #1 for Advance Basis Agreements cannot be submitted to the Area Agency Aging for Southwest Florida, Inc, prior to July I or until the agreement with tine Agency nas been executed and a copy sent to Area Agency Aging for Southwest Florida, Inc.. Actual submission of the vouchers to Agency is dependent on the accuracy of the expenditure report. Note ft 2: Report numbers 5 through l4 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 nionths of the agreement. The adjustment shall be recorded in Part C, I of the report Note ff3: Submission of expenditure report= may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency, payment is to accompany the report. Page 53 of 56 F" (July 2021 - June 2022) ATTACHMENT X REQUEST FOR PAYMENT COMMUNITY CARE FOR THE LLDERL.Y CCG 203,21 RECIPIENT NAME, ADDRESS, PHONE/ and FEID9 TYPE OF PAYMENT: Refuter Advance Contract it Contract Period Report Period Report11 Invoice 0 PSA CERTIFICATION: I hereby ceritly to the best of my knowledge that this request or refund conlarms ybih the Terms and the purposes of the above cm itLiet. 111� i [Prepared. by:, _ _ pate: Approvedby:._._ _ Dale; PARTA: BUDOETSUMMARY 1. Approved Contract Amount 2. Previous Funds Received forCoatracl Period 3. Contract Balance (Yne 1 minus tine 2) 4. Previous Funds Requested and Not Received for Contract Period 5. CONTRACT BALANCE pino a minus lino 4) CCEAdmin. $ 0.00 CCE Services $ 0,0. $ OM TOTAL S _ U .01 $ 0.00 $ 0.00 $ 0.0 $ 0.00 $ 0.$ $ 0.00 $ 0.0 $ PART B: CONTRACT FUNDS REQUEST 1. Ankfpsled Cash Need (1st - 2nd months) 2. Not Expenditures For Month (DOER Form 105C, Part B, Hne 4) a. TOTAL S o 90 $ $ $ 0 0o $ 0.y0 $ $ $ 0S S 0.00 $ 0.y0 $ $ 0. �PARTC: NET FUNDS REQUESTED i 1. Less Advance Applied 2. TOTAL FUNDS REQUESTED {Pen o Llna 3, minus Parf C Line f $_ Q Ot7 $ o $_ _ List of Services f unlis / Rates provided -flea altachad report. DOEA FORM 106C Revised MUM Page 54 of 56 0 (July 2021 - June 2022) ATTACHMENTM REGEIP'I' AND EXPENDITURE REPORT PROVIDER NAME, ADDRESS, PHONE f# and I=r_! ..l?3 Program Funding: CCE Admin. CCE Services PSA Contract # Contract Period Report Period r Report # Invoice # CERTII-'i : `,TION : I certify to the best of my k! .:ledge and belief that the report Is complete and correct and all outlays herein are for purposes set forth In the contract. GCE 203,21 Prepared by, t]ate; Approved by; Date PART A : BUDGETED INCOME f RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4, Percent of Budget For This Report Year to Date Approved Budge 1, State Funds $0.00 $0.00 $0,00 11DIV/01 2. Program Income Moo $0.00 $0.00 #DIV/01 3. Local Cash Match $0,00 € $0.00 $0.00 11DIV10I 4, SUBTOTAL: CASH RECEIPTS 5. Local In -Kind Match Ij 6, TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIV101 PART B : EXPENDITURES 1. Administrative Services 2, Service Subcontractor(a) 3. Adult Protective Services 4. TOTAL EXPENDITURES PART C : OTHER REVENUE AND EXPENDITURE I. Program Income (PI) 1. CCE: PI Collected YTD $ (includes fees collected) PART D : CO -PAYMENTS 1. Total of Co -payments assessed 2. Total of Co -payments collected (For Tracking Purpose: only) DOEAPORM 106C Rodmd 00110110 1. Approved 2. Expenditures 3, Expenditures Budget I For This Report Year to Date $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 II. Interest: 1. Earned on GR Advance $ 2. Return of GR Advance $__� 3. Other Earned CURREW MONTH YEAR-TO-DAI V 4. Percent of #DIV/0I #1DIV/01 #DIV/01 #DIV/01 III, Advance Recouped Page 55 of 56 (Judy 2021- Jime 2022) ATTACHMENT X11 SERVICE RATE REPORT CCE 203,21 SERVICE FY 21/22 REIMBURSEMENT UNIT RATE $14.09 METHOD OF PAYMENT UNIT TYPE ADULT DAYCARE Fixed Fee/Unit Rate HOURS CASE AIDE _ $30.50 Fixers Fee/Unit Rate HOURS _ CASE MANAGEMENT $54.00 Fixed Fee/Unit Rate HOURS CHORE $21,77 Fixed Fee/Unit Rate HOURS CHORE (ENHANCED) $36.00 Fixed FeelUnitRate 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 _ Cast Reimbursement Cost Reimbursemeut EPISODE OTHER SERVICES Cost Reimbursement Cost Reimbursement EPISODE MATERIAL AID Cost Reimbursement Cost Reimbursement EPISODE Fixed Fee/Unit Rate PERSONAL CARE $25.44 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, SERVICES, AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE TELEPHONE REASSURANCE $13,40 Fixed Fee/Unit Rate EPISODE TRANSPORTATION Cost Reimbursement Cost Reimbursement — TRIPS Page 56 of 56 Revised August 2007 Attestation Statement Agreement/Contract Nmaber CCE 203.21 Amendment Number NIA I, Daniel R Rodriguez , attest that no changes or rc% isiuns have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contrnet or amendment between the Area Agency on Aging for Southwest Florida and Cot Iier County Board of County Connnimioners_ (RecipientlContractor name) The only exception to this statement would be for changes in page formatting, Clue to the differences in electronic data processing media, which has no affect on the agreement/contract content. _ :09/ _i2021 i`ei�tfC'+trnct� res esentative Date Signature of 1iedl Approved as to form and legality Assistant County A111ty Revised August 2007 (9