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Agenda 03/28/2023 Item #16D4 (Uninterupted support services to the Collier County Services for Senior Program's elderly clients)16. D.4 03/28/2023 EXECUTIVE SUMMARY Recommendation to approve an "After -the -Fact" agreement with the Area Agency on Aging for Southwest Florida, Inc., American Rescue Plan Act funding under the Home -Based Community Services -Enhanced Home Care for the Elderly grant program for the Collier County Services for Seniors Program and authorize the necessary Budget Amendment in the amount of $334,665.56. (Human Service Grant Fund 707) OBJECTIVE: To provide uninterrupted support services to the Collier County Services for Seniors Program's (CCSS) elderly clients. CONSIDERATIONS: The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and supports Home & Community Based Service (HCBS) beneficiaries to receive services in their own home or community rather than institutions or other isolated settings. These programs serve a variety of targeted population groups, and the Enhanced Home Care for the Elderly program (ENHCE) eligible individuals receive a proactive, self -directed, and time -limited home modification, self -management support, and caregiver support for the purpose of increasing function, independence and promote healthy living settings. Collier County receives these funds through the Florida Department of Elder Affairs (DOEA) and is administered by the Area Agency on Aging for Southwest Florida, Inc. (AAASWFL). The ENHCE program clients must be sixty (60) years old or older, enrolled in Medicaid, or be at risk of nursing home placement. These ENHCE Services will provide minor home improvements, material aid or technology, and other services for aging in place and are capped at $6,000 per client. The total grant award of $334,665.56 will be used to fund the program beginning November 1, 2022, or on the date the contract is signed by the last party required to sign it, whichever is later and shall end on October 31, 2023. The table below shows the award associated with this grant. Program Component Project Number Award Total ENHCE-Support Services TBD* $334,665.56 $334,665.56 Total 1 $334,665.56 1 $334,665.56 *The CSFA number has been requested from AAASWFL and the project and budget amendment are contingent on the receipt of this number. AAASWFL routinely sends CCSS agreements and amendments which require a 30-day turnaround time. This timeframe makes it difficult to process the documents for the Board of County Commissioners' (Board) approval in the time requested by AAASWFL. The Agreement for the ENHCE Agreement is being presented "After -the -Fact" because Collier County received the ENHCE 203.23 grant agreement on February 24, 2023, with an effective contract date of November 1, 2022. Consequently, pursuant to CMA #5330 and Resolution No. 2018-202, the County Manager authorized the Public Services Department Head to sign the agreement. This agreement is being presented for Board ratification. The County's financial Grants Management System establishes Project Numbers and Budget Amendments through the catalog number assigned to each program. This allows the County to track grant funding to meet audit and financial requirements. At the time of this action, AAASWFL had not yet identified the Catalog of State (of Federal) Financial Assistance (CSFA) pursuant Florida Statute 215.97 due to the newness of the grant program. FISCAL IMPACT: A Budget Amendment is required to recognize grant revenue in the amount of $334,665.56 for the FY23 ENHCE Program to Human Services Grant Fund (707). A project number will be established once AAASWFL has provided the grant program catalog number. There is no match requirement. Packet Pg. 1692 16. D.4 03/28/2023 GROWTH MANAGEMENT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - DDP RECOMMENDATIONS: To approve an "After -the -Fact" agreement with the Area Agency on Aging for Southwest Florida, Inc., American Rescue Plan Act funding under the Home -Based Community Services -Enhanced Home Care for the Elderly grant program for the Collier County Services for Seniors Program and authorize the necessary Budget Amendment in the amount of $334,665.56. Prepared By: Wendy Klopf, Grant Coordinator, Community and Human Services Division ATTACHMENT(S) 1. (Linked) ENHCE 203.23 executed (PDF) 2. Resolution 2018-202 (PDF) Packet Pg. 1693 16. D.4 03/28/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.4 Doe ID: 24827 Item Summary: Recommendation to approve an "After -the -Fact" agreement with the Area Agency on Aging for Southwest Florida, Inc., American Rescue Plan Act funding under the Home -Based Community Services -Enhanced Home Care for the Elderly grant program for the Collier County Services for Seniors Program and authorize the necessary Budget Amendment in the amount of $334,665.56. (Human Service Grant Fund 707) Meeting Date: 03/28/2023 Prepared by: Title: Operations Coordinator — Community & Human Services Name: Wendy Klopf 03/03/2023 10:40 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 03/03/2023 10:40 AM Approved By: Review: Community & Human Services Tami Bailey Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Office of Management and Budget Blanca Aquino Luque Additional Reviewer Operations & Veteran Services Jeff Weir Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Grants Erica Robinson Level 2 Grants Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Christopher Johnson Additional Reviewer Corporate Compliance and Continuous Improvement Megan Gaillard County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 03/03/2023 11:40 AM Completed 03/03/2023 1:38 PM Completed 03/06/2023 4:08 PM Completed 03/06/2023 4:50 PM Completed 03/07/2023 12:43 PM Completed 03/14/2023 1:50 PM Completed 03/14/2023 2:42 PM Completed 03/20/2023 11:27 AM Completed 03/20/2023 11:31 AM Completed 03/20/2023 11:37 AM Completed 03/20/2023 1:28 PM Completed 03/20/2023 1:40 PM Additional Reviewer Completed 03/20/2023 8:11 PM Completed 03/21/2023 3:57 PM 03/28/2023 9:00 AM Packet Pg. 1694 Im 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 (pa Packet Pg. 1695 amendments in compliance with CMA H5330, Grant Coordination, for the Older American's Act Program (OAA), Community Care for the Elderly Program (CCE), Alzheimer's Disease .Initiative Program (ADI), Medicaid Waiver Agreement, the Horne Care for the Elderly program (HCE), and USDA Nutritional Supplement Incentive Program, Emergency Home Energy Assistance Program (EHEAP) provided said -submissions and contracts require no additional Collier County matching funds. BE IT FURTHER RESOLVED that this Resolution repeals and supersedes Resolution No. 96-268 and No.10-122. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this j-1 day of J . , -Y , 2018. ATTEST: CRYSTAL K. KiNZEL CLERK :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. 1696 16.D.5 03/28/2023 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a mortgage satisfaction as a result of Collier Housing Alternatives, Inc., meeting the 20-year loan term and full repayment and approve a Budget Amendment to recognize $34,333.99 in program income for the State Housing Initiatives Partnership Program Fiscal Year 2022-2023 (SHIP Grant Fund 791). OBJECTIVE: To continue to promote affordable housing strategies for low- to moderate -income persons through the State Housing Initiatives Partnership (SHIP) Program. CONSIDERATIONS: On July 7, 1992, the Florida legislature enacted the William E. Sadowski Affordable Housing Act to provide additional funding to local communities to promote and advance affordable housing initiatives. Funds are generated through documentary stamp tax on real estate transactions. Under the SHIP Program, Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation to undertake eligible homeownership and rental -related activities. Program income in the amount of $34,333.99 was received from a combination of interest and SHIP loan repayments. All SHIP rental loans issued in 2002 required principal payments along with interest annually. The below table details the loan repayment on behalf of Collier Housing Alternatives, Inc. thus satisfying the mortgage terms and satisfaction of mortgage. Instrument Detail SHIP Mortgage SHIP Loan Payment SHIP Interest Total Public Record OR 3155/PG 0004 1 Term End Date 09/ 1 /2022 Loan Loan & Interest Amount Payments/Pay-off Amount $12,566.67 $628.40 $22,412.00 $11,293.59 $34,333.99 The proposed budget will be used to implement SHIP strategies and administrative support as identified in the 2022-2025 Local Housing Assistance Plan, approved on April 26, 2022, Agenda Item #16D3. FISCAL IMPACT: The Budget Amendment recognizes $34,333.99 in program income of which five percent (5%) will be used as administrative funds. The final loan payment from Collier Housing Alternatives satisfies the payoff amount. Funds are available in SHIP Grant Fund (791), Project 33807. The proposed action does not have an impact on the General Fund. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: Acceptance of these funds will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. RECOMMENDATION: To authorize the Chairman to sign a mortgage satisfaction and approve a Budget Amendment to recognize $34,333.99 in program income for the State Housing Initiatives Partnership Program Fiscal Year 2022-2023. Prepared By: Lisa N. Carr, Grants Coordinator II, Community and Human Services Division Packet Pg. 1697 16.D.5 03/28/2023 ATTACHMENT(S) 1. SOM (PDF) 2. Mortgage (PDF) Packet Pg. 1698 16.D.5 03/28/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.5 Doe ID: 24728 Item Summary: Recommendation to authorize the Chairman to sign a mortgage satisfaction as a result of Collier Housing Alternatives, Inc., meeting the 20-year loan term and full repayment and approve a Budget Amendment to recognize $34,333.99 in program income for the State Housing Initiatives Partnership Program Fiscal Year 2022- 2023 (SHIP Grant Fund 791). Meeting Date: 03/28/2023 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 02/17/2023 10:40 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 02/ 17/2023 10:40 AM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Community & Human Services Donald Luciano Additional Reviewer Office of Management and Budget Blanca Aquino Luque Additional Reviewer Communications, Government, and Public Affairs Lisa Weinmann Operations & Veteran Services Public Services Department Grants Public Services Department County Attorney's Office Office of Management and Budget County Attorney's Office Community & Human Services Office of Management and Budget Grants County Manager's Office Board of County Commissioners Jeff Newman Additional Reviewer Todd Henry PSD Level 1 Reviewer Erica Robinson Level 2 Grants Review Tanya Williams PSD Department Head Review Derek D. Perry Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Maggie Lopez Additional Reviewer Christopher Johnson Additional Reviewer Therese Stanley Additional Reviewer Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 02/21/2023 1:03 PM Completed 02/21/2023 2:33 PM Completed 02/22/2023 10:28 AM Additional Reviewer Completed 02/22/2023 12:46 PM Completed 02/24/2023 7:40 AM Completed 02/27/2023 9:05 AM Completed 02/27/2023 1:13 PM Completed 03/01/2023 5:15 PM Completed 03/07/2023 9:18 AM Completed 03/07/2023 9:45 AM Completed 03/07/2023 11:21 AM Completed 03/07/2023 11:54 AM Completed 03/07/2023 4:04 PM Completed 03/17/2023 3:24 PM Completed 03/22/2023 9:24 AM 03/28/2023 9:00 AM Packet Pg. 1699 16.D.5.a Prepared by: Lisa N. Carr Collier County Community and Human Services 3339 E. Tarniami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Collier Housing Alternatives, Inc, to COLLIER COUNTY, dated Novembex• 14 2002 and recox•ded on November 15 2002 in Official Recox•ds Book 3155 Page 0004 of the Public Records of Collier County, Florida, securing a principal sum of $12,566.67 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the saute of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on this 28"' day of March 28, 2023, Agenda Item No. 16.D. ATTEST: CRYSTAL K. KINZEL, CLERK I: , DEPUTY CLERK Approval for form and legality: Derek D. Perry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN c m E a Packet Pg. 1700 3079851 OR, 3155 PG; 0004 RICORDID in 0111CIA1 RICORDS of COLIIIR COU17Y, 11 1111i12002 at, 01:59K DRIG" I. fond, Call I 16.D.5.b I Prepared by: Collier Counly Housing and Urban Improvement Dept, Mr. Cortnac Giblin, HUI Manager 2800 N. Horseshoe Dr. Naples, FL 34104 941-403-2330 Karat: 1II1A>lCIA1 ADNII it IOEISIRG IIT11011ICl li"N: 11111111 IIARD(03.2331) XORTGhaz Security Instrument 011,11 12561,61 01L1 11516.61 nc in 19,50 DOC-135 14.10 COPIIS 4.00 THIS SPACE I OR RECORDING THIS SECURITY,i[V rOM NT Is given on November IN , 2002. The Borrower Is: ,. . .1� Coalisr Housing Alternatives, inc. (`Borrower'). Thla Secud"I 1 r41Q1 le glven to Collier County � ('Lender), which is organized and existing under the laws of the.Ur#ligd States of America, and whose address is 2800 North Horasshos Drive. Naples, win it a 3101,E . Borrower owes Lender the sum of T"Iver Thousand ]rive Hundrod gist -sis Dollars.- ozd Sixty —sown Conte (U,S. i, 12, 566. 67 ), This debt is evidenced by Borrowers Note date4(h8-s4 date as this Security Instrument which provides lot monthly payments, with the full debt. If not paid earner, due acid payable on 8s tamer 1p 2022. This Seoudly Instrument secures to Lender; (a) the repayment of the dst('Jdenced by the Note, with Interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with Interfij�tiiv, roved under paragraph 7 to protect the security of the Security Instrument; and (o) the perfomtance of Soird" oft �ovonants and agreements under this Security Instrument and the Nola. For this purpose, Borrower dose hanky setwt sMNo ge, grant and Convey to Lender the following described property loceled In Collier County, Florida.;,` . As more particufsrly described In Attachment A. (L of p scripilon) and which has tho address ol; ('Property Address'): 4121 Tharsdoinl>jriy:, Niplp1aa, FL 34112 TOGETHER WITH a€1 the Improvements now or he a tur,g9rebled on the property, and all easements, rights, appurtenances, rents, royalllaa, mineral, oil and gas rights a profft3 "W4ter rights and stock and all fixtures now or hereafter apart of the property. All replacements and additlons shall alr9.600vered by the Security Instnxnent. All of the foregoing is referred to In this Security Instrument as the 'Property BORROWER COVENANTS that Borrower is lawfully sa1zate hereby conveyed and has the right to mortgage, grant and Convey the Property and that the Property Is urrehc rnperad except for oncumbrances of record, Borrower warrants and will defend generally the title lv the Property again 6tj,efar and demands, subject to any encumbrances of reCord. THIS SECURITY INSTRUMENT combines uniform covenants for rLati " I use and non unllomt covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as lv7s: 1. Paymsnl of Principal and Intsrsd; Prapeyment and Lots Charpil. p LLr shall promptly pay when due the principal of and Interest on the debt evidenced by the Note, w1:'' .- 2. Taxes. The Mortgagor will pay all taxes, assessments, sewar rents or wets fates or to the accrual of any penalties or Interest thereon. The Mortgagor shall pay or cause to be pold, as the same respectively become°due;%(!�(� j'; It taxes Mi. governmental charges of any hind whatsoever whicti may at any time be lawfully assessed 6r.A ed�gpinst or with respect to the Property, (2) all utility and other charges, Including 'service charges', Incurred or Imposed Ida tli� robon, maintenance, use, occupancy, upkeep and Improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid In Installments over a period of years, the Mortgagor shalt be 0"610 —urider the Mortgage to pay or cause to be pald only such Installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, torvrard to Mortgagee evidence of such payment, 3, Appiteallon of Poymerds, Unless applicabio law provkles othemise, all payments received by Lender shall be applied; first, to Interest due; and, to principal due; and last, to any late charges due under the Note. 4. Char(tsa; Lions, Borrower shall pay all taxes, assessments, charges, fines and irrpos€lions attributable to the Property which may attain priority over this Security Instrument, and teasehold payments or ground rents, If any. Borrower shall promptly furnish to Londer all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lion which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a mariner acceptable to Lender, (b) contests In good faith the lion by, or defends against enforcement of the lien In, legal proceedings which In the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agraement satisfactory to Lender subordinating the lion to this Security Instrument, if Lender determines that any part of the Property Is subject to a lien which may attaln priority over the Security lostrumeni, Landor may give Borrower a notice Identifying the ran. Borrower shall satisfy the Ilan or take one or more of the actions set forth above within 10 days of the giving o1 notice, 6. Protection of Londsr's Rights In the Prop", If Borrower falls to perform the covenants and agreements contained In this Security Instrument, or there Is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights In the Property, Lender's actions may Include paying any sums secured by a lion which has priority over this Security Instrument, appearing In court, paying reasonable attorneys' feea and entering on the Property to make ropairs. Although Lender may lake action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shelf become additlonal debt of Borrower secured by this Security Instrument. Unless Borrower and Lander agree to other terms of payment, these amounts shall bear Interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon nollce from Lender to Borrower requesting payment, Packet Pg. 1701 1 OR; 3155 PG; 0005 I 16.D.5.b I 6, Inittpeotlon, Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, 7, Condemnation. The proceeds Of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to The sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. in the event of a partial taking of the Properly, to which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shatf be reduced by the amount of the proceeds multiplied by the following fraction; (a) the total amount Of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking, Any balance shall be paid to Borrower. In The event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are than due. Unless Lender and Borrower olherwiso agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. B, Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the lime for payment or modilicallon of amortization of the sums secured by this Security #nslrumeni granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest, Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time forpaymenl or otherwise modify amnrttrggt#on of Ifte sums secured by this Security Instrument by reason of any demand made by ilia odginai Borrower,or. vorrbw is 5MCOssors in interest, Any forbearance by Lender in exercising any right or remade shall not be a waiver ol,ogr�cl de the exercise of any right or remedy. 9. 9ueeersqri'Atttd. elgns Bound; Joint and Several Liability; Co-Sfgners. The covenants and agreements of this Security lnslnr nen) a I Ind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions Of paragrapFiBo ower's covenants and agreements shall be joint and several. Any Borrower who cosigns (his Security Instrument bet:dt�5 ho), xecute the Note; (a) is co-signing this Security instrument only to mortgage, grant and convey that Borrower's Interest ih W0,0roperty under the terms of this Security Instrument: (b) is not personally obligated to Pay the sums secured by this 86# ur#ty Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note wilhor,t that Borrower's consent, i /� 10, Loan Charges, If the loan cured by this Securily Instrument is subject to a law which sets maximum loan charges, and that law Is finally Inlerprotp&&&&&& so that, the interest or other loan charges collected or to be collected in co*lnecl#an with the loan exceed the permitted limits, lherj: ) ny such loan charge shaff be reduced by the amount necessary to reduce the charge to the permitted limit; ari`d tin sums already collected from Borrower which exceeded permitted limits Will be refunded to Borrower, Lender may'0 e,fO' 6 Ili#s refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a reit)t, 'r tlileas principal, the reduction will be treated as a partial prepayment Without any prepayment charge under the Note.: 11. Notices, Any notice to Bonower melting It by first class mail unless applicafirOiideii los I�t this Security Instrument shall be given by delivering it or by ble law regy3rHdl s$$;of another method. The notice shall be directed to the Properly Address or any other address Borrower desig6l1ii s' -' lice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this pi eph." . 12, Governing Law; Severabillfy. This Secvdit ii(Tty ,d f stsall be governed by federal law and the law of the Jurisdicilon in which the property is located. In the event that anypMvfs#on or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect olhef j(bvls(p(t�,of this Security Instrument or the Note which can be given al(ect without the conBfcling provision. To this end the pr64isJprtg f ibis declared to be severable.Secur ty Instrument and the Note are , 13, Sorrowar's Copy. Borrower shall be given one conli d cQRy:of the Note and of this Security Instrument. 14. Transfer of the Property or a Beneficial Intereef to rq-mo=;,)fall or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower'1S'�spld,or, (r'ensferred and Borrower is not a natural person) without Lenders prior written consent. Lender may, at its option; rqueiht diate payment in full of all sums secured by this Security InslrVmenl. However, this option shall not be exercised by ender if exercise is prohibited by federal law as of the date 01 this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a less than 30 days from the date the notice Is delivered or mailed within which Borrow f mush pay all sums seperiod cured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of ibis� eqddl Lender may invoke any remedias permitted by this Security instrument without further notice or demand on Barrdvr rr.. 15. Borrower's Flight to Reinstate. If Borrower meets certain conditions, Boir�wer. § � If have the right to have enforcement of this Security instrument discontinued at any time prior to the eadier of : [d);5-d " (ri?ysuch other period as applicable taw may specify for reinstatement) before sale of the Property pursuant to any poTye(ofoat contained in this Security instrument; or (b) entry of a judgment enforcing this Security Instrument. Those cor(ditiort ti)at Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and iha Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (e) pays Will expenses incurred In ear f }Ding this Security Instrument, Including, but not limited to, reasonable attorney's fees; and (d) lakes such ac(ign as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's Obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as it no acceleration had occurred, However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower, A sale may result in a change in the entity (known as the 'Loan Servicer*) that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice of the change In accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other information required by applicable law. 17. Hazardous Substances, Borrower she€1 not cause or permit the presence, use, disposal, storage, or re'easo of any Hazardous Substances on or in the Property. Borrower shall not do, not allow anyone else to do, anything affecting the property that is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Properly of small quantities of Hazardous Substances that are generally recognized to be appropriale to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, iawsuil or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. if Borrower learns, or Is notified by any govemmental or regulatory authority, that any removal or other remedialfon of any Hazardous Substance affecting the property is necessary, Borrower shall Promptly lake all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20, 'Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic Pesticides and herbicides, volatile solvents, materials eonlaining asbestos or formaldehyde, and Q Packet Pg. 1702 1 .. OR: Ebb PG: U006 16.D.5.b radioactive materials, As used In this paragraph 20, 'Environmental Raw' means federal laws and laws of the jurisdiction where the Property Is located that relale to health, safety or environmental protection. 10. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shalt specify, ia) the default; (b) the action required to cure the default; (0) a dale, not less then aO days from the date the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specilied in the notice may result in acceleration of the sums secured by this Security Instumenl, foreclosure by judicial proceeding and sale of the Property, The notice shall further inform Borrower of the right to reinstate aftef acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. if the default is not cured on or before the dale specified in the notice, Lender, at its option, may require immediate payment in full of aft sums secured by this Security Instrument without further demand and may loreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 2t, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 19, Release, Upon payment of all sums secured by this security Instrument, Lender shall release this Security fnstrumenL without charge, to Borrower. Borrower shall pay any recordation costs. 20, Attorneys' Fees. As used in this Securly Instrument and the Nola. 'attorneys' lees' shall include any attorneys' leos awarded by an appellate court. SIGNING BELOW, Botr wer accepts and agrees to the terms and covenants contained In this Security Instrument and in any rider(s) exepule ., b A r(ower and recorded with it. Signed, sealed and;d IId In the presence of: Wilnessf✓ 1: C� f'tf t" Jr� Signature: _ cp Borrower. Fred Richards, Director Signature: Collier Housing Alternatives, Inc. STATE OF Florida �. COUNTY OF Collier The foregoing Mortgage was do as areame Housing Alternatives. Inc. He is personally known name) to me eHvwprodtrceci _ Address: this r�! �Z by Fred Richards of Collier (date) (name) (corporation 'si gnature ¢t pad a Cinu a�tcnowtodgment kVal tllt"WM1Qy '4 /it �.J -61 GVJi1t'i� —name of pfisontyprto;starrtod CoWty MOW title t1Mtr4 MBlMr4 `r �w HM, OD Wi�Ec r � IlMsrry*00tl0"rb any) ro a� to O C N E t M Q Packet Pg. 1703 OR; 3155 PG: 0007 16.D.5.b Attachment A, Lcgai Description: IoW PiNF VIEW VILLAS NLK A LOT 34,1, FSS X SFT of N 60.0 t h'[' 0 Im m O m a Packet Pg. 1704 4 (November 2022 — September 2023) ENHCE 203.23 AAASWFL ENHANCED HOME CARE FOR THE ELDERLY STANDARD CONTRACT THIS CONTRACT is entered into between Area Agency on Aging for Southwest Florida, Inc. (AAASWFL) and Collier County Board of County Commissioners (Contractor), collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor, Subgrantee, or Subrecipient. WITNESSETH THAT: WHEREAS, the Department 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 Department. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Purpose of Contract: The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments, forms, and exhibits which constitute the contract document. 2. Incorporation of Documents within the Contract: The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals and/or desk books, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments. 3. Term of Contract: This contract shall begin at twelve (12:00) A.M., Eastern Standard Time November 1, 2022 or on the date the contract has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59) P.M., Eastern Standard Time October 31, 2023. 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 $334,665.56, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals: By mutual agreement of the Parties, in accordance with Section 287.058(1)(g), Florida Statutes (F.S.), AAASWFL may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by AAASWFL and the availability of funds. 6. Compliance with Federal Law: 6.1 If this contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations (CFR) Part 75 and/or 45 CFR Part 92, 2 CFR Part 200, and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act as amended (42 United States Code (U.S.C.) § 7401, et seq.), Section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251, et seq.), Executive Order 11738, as amended, and, where applicable, Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations of the above to AAASWFL. 6.1.3 Neither the Contractor nor any agent acting on behalf of the Contractor may use any federal funds received in connection with this contract to influence legislation or appropriations pending before Congress or any state legislature. The Contractor must complete all disclosure forms as required, specifically the Cep Page 1 of 57 (November 2022 — September 2023) ENHCE 203.23 Certification and Assurances Attachment, which must be completed and returned to AAASWFL prior to the execution of this contract. 6.1.4 In accordance with Appendix II to 2 CFR Part 200, the Contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulations 41 CFR Part 60 and in Department of Health and Human Services regulations 45 CFR Part 92, if applicable. 6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards will not be made to parties listed on the government -wide Excluded Parties List System, in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR Part 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The Contractor shall complete and sign the Certifications and Assurances Attachment prior to the execution of this contract. 6.2 The Contractor shall not employ an unauthorized alien. AAASWFL 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 AAASWFL. 6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements (filing a Form 990 or Form 990-N), and has its tax exempt status revoked for failing to comply with the filing requirements of the Pension Protection Act of 2006 or for any other reason, the Contractor must notify AAASWFL in writing within thirty (30) days of receiving the IRS notice of revocation. 6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR § 170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR Part 170. 6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number 11-116, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Contractor during the contract term. Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state contract utilize the E-verify system to verify employment of all new employees hired by the Subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7. Compliance with State Law: 7.1 This contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws. 7.2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, F.S., and Section 215.971, F.S., and expenditures must be in compliance with laws, rules, and regulations including, but not limited to, the Reference Guide for State Expenditures. 7.3 The Contractor shall comply with the requirements of Section 287.058, F.S., as amended. 7.3.1 The Contractor shall perform all tasks contained in Attachment I. 7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by AAASWFL prior to payment. 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment I, Section III. Method of Payment. 7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit. Cep Page 2 of 57 (November 2022 — September 2023) ENHCE 203.23 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit invoices for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided in this contract. 7.3.6 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in Section 119.011(12), F.S., made or received by the Contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision will constitute an immediate breach of contract for which AAASWFL may unilaterally terminate this contract. 7.4 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter 427, F.S., and Rule Chapter 41-2, Florida Administrative Code (F.A.Q. 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134, F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 7.7 AAASWFL 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. 7.8 Board members shall have access to records of the organization in accordance with Chapter 617, Florida Statutes. Board members shall not have unfettered access to records and/or protected or confidential information of clients (recipients of services) unless specifically authorized by law. Protected health information and/or confidential information (e.g., information involving a victim of abuse, sexual assault, crime) should not be shared with Board members, or any other individuals, unless such disclosure is specifically authorized by law and necessary to the performance of their specific duties. 7.9 Areas that intake or store protected health information and/or confidential information shall have restricted access limited to those employees/volunteers who are authorized by law to access such information. 7.10 The Contractor shall secure all protected and/or confidential information and shall implement appropriate safeguards to protect unauthorized disclosure of such information in accordance with this Agreement. 7.11 The Contractor's Board shall hold all meetings in accordance with Chapters 286, Florida Statutes. No formal actions shall be considered binding except as taken or made at a meeting that has been properly noticed. 7.12 The Contractor shall notice all Board meetings on their respective websites and in the Florida Administrative Register (FAR). To set up an account with FAR, send an email to administrativecode@DOS.myflorida.com. 7.13 The Contractor shall also provide a notice, agenda and copies of any related meeting materials to AAASWFL 7.14 The Contractor shall comply with all applicable Florida and federal laws, including but not limited to, Chapters 119, 286, and 617, Florida Statutes. 8. Background Screening: The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., are met regarding background screening for all contractor's and direct service providers' employees; administrators or similarly titled persons who are responsible for the day-to-day operation of the direct service provider; financial officers or similarly titled individuals who are responsible for the financial operation of the licensee or direct service provider; any persons who have a controlling interest; managers; supervisors; and volunteers, and as provided herein. The Contractor and its direct service providers, must also comply with any applicable rules promulgated by the Department and the Agency for Health Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S. Contractor shall submit the Background Screening Attestation of Compliance -Employer (Screening Form) to AAASWFL within thirty (30) days of execution of this contract. Should AAASWFL have a completed Screening Form on file for the Contractor, a Page 3 of 57 (November 2022 — September 2023) ENHCE 203.23 a new Screening Form shall be submitted to AAASWFL every twelve (12) months, and the Contractor shall also maintain copies of the new screening forms for its direct service providers as required herein. The Contractor hereby agrees to correct all background screening deficiencies identified by AAASWFL within thirty (30) days upon notification. 8.1 Further information concerning the procedures for background screening may be found at http://elderaffairs.state.fl.us/doea/backgroundscreening.php. 9. Grievance Procedures: The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(s) and to address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor's determination(s). 10. Public Records and Retention: 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by AAASWFL to perform the contracted services. 10.1.2 Upon request from AAASWFL provide a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to AAASWFL. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to AAASWFL, all public records in possession of the Contractor to AAASWFL or will keep and maintain public records required by AAASWFL. If the Contractor transfers all public records to AAASWFL upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to AAASWFL in a format that is compatible with the information technology systems of AAASWFL. 10.2 AAASWFL may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT AAASWFL AT: AAASWFL Richard Cocchieri, CFO 2830 Winkler Ave, Suite 112 Ft. Myers, Florida 33916 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 AAASWFL, transfer all public records in their possession to AAASWFL and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to AAASWFL in a format that is compatible with the information technology systems of AAASWFL. Cep Page 4 of 57 (November 2022 — September 2023) 11. Audits, Inspections, Investigations: ENHCE 203.23 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 AAASWFL under this contract. Contractor shall adequately safeguard all such assets and ensure that they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information should be related to performance and unit cost data. 11.2 The Contractor shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after completion of the contract, or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to AAASWFL. 11.3 Upon demand, at no additional cost to AAASWFL, the Contractor shall facilitate the duplication and transfer of any records or documents during the required retention period. 11.4 The Contractor shall ensure that the records described in this section will be subject at all reasonable times to inspection, review, copying, or audit by federal, state, or other personnel duly authorized by AAASWFL. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by AAASWFL and federal auditors, pursuant to 45 CFR Part 75, shall be allowed full access to and the right to examine any of the Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11.6 The Contractor shall provide a Financial and Compliance Audit to AAASWFL as specified in this contract and ensure that all related third -party transactions are disclosed to the auditor. 11.7 Contractor agrees to comply with the Inspector General in any investigation, audit, inspection, review, or hearing performed pursuant to Section 20.055, F.S. Contractor further agrees that it shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to this contract agree to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to Section 20.055(5), F.S. By execution of this contract the Contractor understands and will comply with this subsection. 11.8 In accordance with Executive Order 20-44 which requires executive agencies to submit a list of entities named in statute with which a state agency must form a sole -source, public -private agreement or an entity that, through contract or other agreement with the state, annually receives 50% or more of their budget from the State or from a combination of State and Federal funds. Any Contractor that meets one or both of the criteria listed must submit an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams within thirty (30) days of execution of this contract. 11.8.1 The report must include total compensation including salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. 11.8.2 The Contractor shall inform the agency of any changes in total executive compensation between the annual reports as those changes occur. 11.8.3 All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the contracted entity. 12. Nondiscrimination -Civil Rights Compliance: 12.1 The Contractor shall execute Assurances as stated in the Assurances -Non -Construction Programs Attachment that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion, color, disability, national origin, marital status, or sex in compliance with state and federal law and regulations. The Contractor further assures that all Contractors, Subcontractors, Sub -grantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status, or sex. Cep Page 5 of 57 (November 2022 — September 2023) ENHCE 203.23 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete, and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor further assures that all Subcontractors, Vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the any statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that AAASWFL may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief including, but not limited to, termination of the contract and denial of further assistance. 13. Monitoring by AAASWFL: The Contractor shall permit persons duly authorized by AAASWFL to inspect and copy any records, papers, documents, facilities, goods, and services of the Contractor which are relevant to this contract, and to interview any clients, employees, and Subcontractor employees of the Contractor to assure AAASWFL of the satisfactory performance of the terms and conditions of this contract. Following such review, AAASWFL will provide a written report of its findings to the Contractor and, where appropriate, the Contractor shall develop a Corrective Action Plan (CAP). The Contractor hereby agrees to correct all deficiencies identified in the CAP in a timely manner as determined by AAASWFL. 14. Provision of Services: The Contractor shall provide services in the manner described in Attachment I. 15. Coordinated Monitoring with Other Agencies: If the Contractor receives funding from one or more State of Florida human service agencies, in addition to AAASWFL, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of this contract, and pursuant to Section 287.0575, F.S., as amended, Florida's human service agencies shall include AAASWFL, the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, and the Department of Veterans' Affairs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, and/or investigators. 16. New Contract(s) Reporting: The Contractor shall notify AAASWFL within ten (10) days of entering into a new contract with any of the remaining four (4) state human service agencies. The notification shall include the following information: (1) contracting state agency and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the Contractor shall complete the Contractor's State Contracts List attached to this contract. 17. Indemnification: The Contractor shall indemnify, save, defend, and hold harmless AAASWFL 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 AAASWFL for claims, demands, actions, or causes of action arising solely out of the negligence of AAASWFL. 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 AAASWFL and state agencies or subdivisions defined in Section 768.28(2), F.S. 18. Insurance and Bonding: 18.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or Cep Page 6 of 57 (November 2022 — September 2023) ENHCE 203.23 subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract. The 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 AAASWFL has the most current written verification of insurance coverage throughout the term of this contract. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. AAASWFL reserves the right to require additional insurance as specified in this contract. 18.2 Throughout the term of this contract, the Contractor shall maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees, and agents of the Contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company, and consistent with good business practices. 19. Confidentiality of Information: The Contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 20. Health Insurance Portability and Accountability Act: Where applicable, the Contractor shall comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). 21. Incident Reporting: 21.1 The Contractor shall notify AAASWFL immediately but no later than forty-eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor's or Subcontractor's ability to perform the services required to be performed under this contract. Such notice shall be made orally to AAASWFL (by telephone) with an email to immediately follow. 21.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon the Contractor, its Subcontractors, and their employees. 22. Bankruptcy Notification: During the term of this contract, the Contractor shall immediately notify AAASWFL if the Contractor, its assignees, Subcontractors, or affiliates file a claim for bankruptcy. Within ten (10) days after notification, the Contractor must also provide the following information to AAASWFL: (1) the date of filing of the bankruptcy petition; (2) the case number; (3) the court name and the division in which the petition was filed (e.g., Northern District of Florida, Tallahassee Division); and (4) the name, address, and telephone number of the bankruptcy attorney. 23. Sponsorship and Publicity: 23.1 As required by Section 286.25, F.S., if the Contractor is a non -governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name), AAASWFL and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "AAASWFL and State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 23.2 The Contractor shall not use the words "AAASWFL or State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific written authorization has been obtained by AAASWFL prior to such use. 24. Subcontracts: Page 7 of 57 C�p (November 2022 — September 2023) ENHCE 203.23 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval AAASWFL deems necessary. The Contractor further agrees that AAASWFL will not be liable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shall defend AAASWFL against any such claims. 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from AAASWFL or other state agency. Failure to make payments to any Subcontractor in accordance with Section 287.0585, F.S., unless otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty as provided by statute. 25. 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 AAASWFL, and that they shall not hold themselves out as employees or agents of AAASWFL without prior specific authorization from AAASWFL. It is the further intent and understanding of the Parties that AAASWFL does not control the employment practices of the Contractor and will not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Contractor or its Subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the Contractor are the sole responsibility of the Contractor. 26. Payment: Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. AAASWFL's Fiscal Department will have final approval of the Contractor's invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to AAASWFL'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. 27. Return of Funds: The Contractor shall return to AAASWFL any overpayments due to unearned funds or funds disallowed, and any interest attributable to such funds pursuant to the terms and conditions of this contract, that were disbursed to the Contractor by AAASWFL. 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 AAASWFL. In the event that AAASWFL first discovers an overpayment has been made, AAASWFL will notify the Contractor in writing of such findings. Should repayment not be made forthwith, the Contractor shall be charged at the lawful rate of interest on the outstanding balance pursuant to Section 55.03, F.S., after AAASWFL notification or Contractor discovery. 28. Data Integrity and Safeguarding Information: The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 29. Social Media and Personal Cell Phone use: 30.1 Inappropriate use of social media and personal cell phones may pose risks to AAASWFL and DOEA's confidential and proprietary information and may jeopardize compliance with legal obligations. By signing this contract, Contractor agrees to the following social media and personal cell phone use requirements. 30.2 Social Media Defined. The term Social Media and /or personal cellular communication includes, but is not limited to, social networking websites, blogs, podcasts, discussion forums, RSS feeds, video sharing, SMS (including Direct Messages (DMs), iMessages, text messages, etc.); social networks like Instagram, TikTok, Cep Page 8 of 57 (November 2022 — September 2023) ENHCE 203.23 Snapchat, Google Hangouts, WhatsApp, Signal, Facebook, Pinterest, and Twitter; and content sharing networks such as Flickr and YouTube. This includes the transmission of social media through any cellular or online transmission via any electronic, internet, intranet, or other wireless communication. 30.3 Application to any direct or incidental DOEA, AAASWFL or other state business. This contract applies to any DOEA, AAASWFL or other state business conducted on any of the Contractor's, Subcontractor's, or their employees' social media accounts or through personal cellular communication. 30.4 Application to AAASWFL and Contractors Equipment. This contract applies regardless of whether the social media is accessed using AAASWFL's IT facilities and equipment or equipment belonging to Contractor, Subcontractor, or their respective employees. Equipment includes, but is not limited to, personal computers, cellular phones, personal digital assistants, smart watches, or smart tablets. 30.5 Florida Government in the Sunshine, Florida Public Records Law, and HIPAA. Contractor acknowledges that any DOEA, AAASWFL or other state business conducted by social media or through personal cellular communication is subject to Florida's Government in the Sunshine Law, Florida's Public Records Law (Chapter 119, Florida Statutes), and the Health Insurance Portability and Accountability Act (HIPAA). Compliance with these laws and other applicable laws are further detailed in the contract. 30.6 Prohibited or Restricted Postings. Any social media posts which include photos, videos, or names of clients, volunteers, staff, or other affiliates of AAASWFL may only be posted when authorized by law and when any required HIPAA authorizations and any other consents or authorizations required pursuant to federal or state law are on file with the contractor's records. 30.7 Assist AAASWFL with Communications. Contactors may be asked periodically to assist in distributing certain AAASWFL communications through their social media outlets. Any such requests should be posted in adherence to the social media requirements herein and the other provisions of this contract. 30. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the selection or in the award of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization which employs, or is about to employ, any of the above individuals, has a financial or other interest in the firm being selected for award. The Contractor's or Subcontractor's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Contractors, potential Contractors, or parties to Subcontracts. The Contractor's board members and management must disclose to AAASWFL any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) calendar days of an individual's original appointment or placement in that position, or, if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of this contract. The Contractor's employees and Subcontractors must make the same disclosures described above to the Contractor's board of directors. Compliance with this provision will be monitored. 31. Public Entity Crime: Pursuant to Section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the Convicted Vendor List. 32. Purchasin2: 32.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. Cep Page 9 of 57 (November 2022 — September 2023) ENHCE 203.23 32.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 32.1.2 Pursuant to sections 413.036(1) and (4), F.S., the Contractor shall not be required to procure a product or service from RESPECT if. (a) the product or service is not available within a reasonable delivery time, (b) the Contractor is required by law to procure the product or service from any agency of the state, or (c) the Contractor determines that the performance specifications, price, or quality of the product or service is not comparable to the Contractor's requirements. 32.1.3 This act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by AAASWFL in accordance with its rules. 32.1.4 Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 33.2 The Contractor shall procure any recycled products or materials which are the subject of, or are required to carry out, this contract when AAASWFL determines that those products are available, in accordance with the provisions of section 403.7065, F.S. 33.3 The Contractor shall procure products and/or services required to perform this contract in accordance with section 946.515, F.S. 33.3.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR 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-enterprises.org/. 33.4 The Contractor shall provide a Certified Minority Business Subcontractor Expenditure (CMBE) Report summarizing the participation of certified suppliers for the current reporting period and project to date. The CMBE Report shall include the names, addresses, and dollar amount of each certified participant, and a copy must be forwarded to AAASWFL and must accompany each invoice submitted to AAASWFL. The CMBE Report is attached to this contract. 34. Patents, Copyrights, Royalties: If this contract is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract or in any way connected with this contract, or if ownership of any discovery, invention, or copyrightable material was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention, or copyrightable material to AAASWFL to be referred to the Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to Section 287.0571(5)(k), F.S., the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. Cep Page 10 of 57 (November 2022 — September 2023) ENHCE 203.23 34.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to this Section 34. 34.2 If this contract is awarded solely federal funding, the terms and conditions are governed by 2 CFR § 200.315 or 45 CFR § 75.322, as applicable. 34.3 Notwithstanding the foregoing provisions, if the Contractor or one of its Subcontractors is a university and a member of the State University System of Florida, then Section 1004.23, F.S., shall apply, but AAASWFL shall retain a perpetual, fully -paid, nonexclusive license for its use and the use of its Contractors, Subcontractors, or Assignees of any resulting patented, copyrighted, or trademarked work products. 35. Emergency Preparedness and Continuity of Operations: 35.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety, or welfare, the Contractor shall, within thirty (30) calendar days of the execution of this contract, submit to AAASWFL, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify AAASWFL of emergency provisions. 35.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall remain responsible for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 36. Equipment: 36.1 Equipment means: (a) tangible personal property (including information technology systems) having a useful life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal funds - 2 CFR § 200.33 and 45 CFR § 75.2, as applicable], or (b); nonexpendable, tangible personal property of a non -consumable nature with an acquisition cost of $5,000.00 or more per unit, and expected useful life of at least one (1) year; and hardback bound books not circulated to students or the general public, with a value or cost of $250.00 or more [for state funds]. 36.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations shall have written property management standards in compliance with 2 CFR Part 200 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular; (b) a procedure for conducting a physical inventory of equipment at least once every two (2) years; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment; and (d) maintenance procedures to keep the equipment in good condition. The property records must be maintained on file and shall be provided to AAASWFL upon request. The Contractor shall promptly investigate, fully document, and notify AAASWFL of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to AAASWFL. 36.3 The Contractor's property management standards for equipment (including replacement equipment), whether acquired in whole or in part with federal funds and federally -owned equipment shall, at a minimum, meet the following requirements and shall include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government); 36.3.6 Information from which one can calculate the percentage of federal participation in the cost of the equipment (not applicable to equipment furnished by the federal government); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost; and Cep Page 11 of 57 (November 2022 — September 2023) ENHCE 203.23 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding agency for its share. 36.3.10 A physical inventory must be taken, and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 45 CFR § 75.320(d)(3). 36.3.12 Adequate maintenance procedures must be developed to keep the property in good condition. 36.3.13 If the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return. 36.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state funds with an acquisition cost over $5,000.00 is part of the cost of carrying out the activities and functions of the grant awards and title (ownership) will vest in the Contractor [for federal funds see 2 CFR § 200.313(a) and 45 CFR § 75.320(a), as applicable], subject to the conditions of 2 CFR Part 200 and/or 45 CFR Part 75. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this contract or identified in the sub -agreements with Subcontractors (not included in a cost methodology), is subject to the conditions of Chapter 273, F.S., rule 60A-1.017, F. A. C., and 2 CFR Part 200 and/or 45 CFR Part 75. 36.5 The Contractor shall not dispose of any equipment or materials provided by AAASWFL or purchased with funds provided through this contract without first obtaining the approval of AAASWFL. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractor's proposed disposition of the property (i.e., transfer or donation to another agency that administers federal programs, offer of the items for sale, destroy the items, etc.). 36.6 AAASWFL will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR § 200.313 or 45 CFR § 75.320, as applicable. 36.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of AAASWFL. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Section 3030b United States Code (U.S.C.). Real property purchases from state funds can only be made through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of Section 216.348, F.S. 36.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 36.9 The Contractor must adhere to AAASWFL's procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel, and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to AAASWFL upon request. The Contractor has the responsibility to require any Subcontractors to comply with AAASWFL's ITR procedures. 37. PUR 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at: http://dms.myflorida.com/purchasing In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract, the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. Cep Page 12 of 57 (November 2022 — September 2023) 38. Use of State Funds to Purchase or Improve Real Property: ENHCE 203.23 Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by AAASWFL, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Financial Consequences: If the Contractor fails to meet the minimum level of service or performance identified in this contract, AAASWFL shall impose financial consequences as stated in Attachment I. 41. No Waiver of Sovereign Immunity: Nothing contained in this contract is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 42. Venue: If any dispute arises out of this contract, the venue of such legal recourse shall be Duval County, Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon AAASWFL or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Maieure: The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 45. Severability Clause: The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract Appropriations: The Parties agree that AAASWFL's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 47. Addition/Deletion: The Parties agree that AAASWFL reserves the right to add or to delete any of the services required under this contract when deemed to be in the State of Florida's best interest and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 48. Waiver: The delay or failure by AAASWFL to exercise or enforce any of its rights under this contract will not constitute or be deemed a waiver of AAASWFL's right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 49. Compliance: The Contractor shall abide by all applicable current federal statutes, laws, rules, and regulations as well as applicable current state statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to abide by these laws shall be deemed an event of default of the Contractor and subject the contract to immediate unilateral cancellation of the contract at the discretion of AAASWFL. 50. Final Invoice: Page 13 of 57 Cep (November 2022 — September 2023) ENHCE 203.23 The Contractor shall submit the final invoice for payment to AAASWFL no later than thirty (30) days after the contract ending date unless otherwise specified in Attachment I. If the Contractor fails to do so, all right to payment is forfeited and AAASWFL shall not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract shall be withheld until all required documentation and reports due from the Contractor and necessary adjustments thereto have been approved by AAASWFL. 51. Renegotiations of Modifications: Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in AAASWFL's operating budget. 52. Suspension of Work: AAASWFL may, in its sole discretion, suspend any or all activities under the contract or purchase order, at any time, when in the interest of the State to do so. AAASWFL shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety (90) days, or any longer period agreed to by the Contractor, AAASWFL shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 53. Termination: 53.1 Termination for Convenience. AAASWFL, by written notice to the Contractor, may terminate this contract in whole or in part when AAASWFL determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 53.2 Termination for Cause. AAASWFL may terminate this contract if the Contractor fails to: (1) deliver the product within the time specified in the contract or any extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any term of the contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of Subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a Subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the Subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenience of AAASWFL. The rights and remedies of AAASWFL in this clause are in addition to any other rights and remedies provided by law or under the contract. 54. Electronic Records and Signature: AAASWFL authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract. A Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, Section 668.50, F.S. All electronic records must be fully auditable; are subject to Florida's Public Records Law, Chapter 119, F.S.; must comply with contract Section 29, Data Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the Contractor to the same extent as non -electronic records are retained and maintained as required by this contract. Cep Page 14 of 57 (November 2022 — September 2023) ENHCE 203.23 54.1 AAASWFL's authorization pursuant to this section does not authorize electronic transactions between the Contractor and AAASWFL. The Contractor is authorized to conduct electronic transactions with AAASWFL only upon further written consent by AAASWFL. 54.2 Upon request by AAASWFL, the Contractor shall provide AAASWFL with non -electronic (paper) copies of records. Non -electronic (paper) copies provided to AAASWFL of any document that was originally in electronic form with an electronic signature must identify the person and the person's capacity who electronically signed the document on any non -electronic copy of the document. 55. Contract Manaeer: AAASWFL may substitute any AAASWFL employee to serve as the AAASWFL Contract Manager. REMAINDER OF THE PAGE INTENTIONALL Y LEFT BLANK Cep Page 15 of 57 (November 2022 — September 2023) 56. Official Pavee and Renresental The Contractor name, as shown on page 1 of this a. � contract, and mailing address of the official payee to whom the payment shall be made is: The name of the contact person and street address b. where financial and administrative records are maintained is: The name, address, and telephone number of the C. representative of the Contractor responsible for administration of the program under this contract is The section and location within AAASWFL 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: ENHCE 203.23 Kristi Sonntag, Director Collier County Board of County Commissioners 3339 E Tamiami Trail, Building H Naples, FL 34112 Kristi Sonntag, Director Collier County Board of County Commissioners 3339 E Tamiami Trail, Building H Naples, FL 34112 Kristi Sonntag, Director Collier County Board of County Commissioners 3339 E Tamiami Trail, Building H Naples, FL 34112 Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave, Suite 112 Ft. Myers, Florida 33916 Richard Cocchieri, CFO 2830 Winkler Ave, Suite 112 Ft. Myers, Florida 33916 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 1— IX, including any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either written or verbal, between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS WHEREOF, the Parties hereto have caused this fifty-seven (57) page contract to be executed by their undersigned officials as duly authorized. CONTRACTW.jW8MST,,A 0g0�ITy, AREA AGENCY ON AGING FOR SOUTHWEST Commissioners ams anya FLORIDA, INC. Date: 2023.03.02 SIGNED BY: a nya 12:20:21-05'00' SIGNED BY: , NAME: Tanya R Williams TITLE: Public Service Department Head DATE: 03.02.2023 As designee of the County Manager, pursuant to R olutionto No. 2018-202. pr ved a/%Fr�m an gality Derek D. Perry Assistant County Attorney NAME: Maricela Morado TITLE: President & Chief Executive Officer DATE: ().3. 6a . ),7 - — — — Page 16 of 57 (November 2022 — September 2023) ENHCE 203.23 INDEX OF ATTACHMENTS ATTACHMENTI................................................................................................................................................ 18 STATEMENTOF WORK................................................................................................................................... 18 ATTACHMENTH.............................................................................................................................................. 28 FINANCIAL AUDIT AND COMPLIANCE....................................................................................................... 28 ATTACHMENTH.............................................................................................................................................. 31 EXHIBIT1............................................................................................................................................................ 31 EXHIBIT2............................................................................................................................................................ 33 FUNDINGSUMMARY(2022-2023).................................................................................................................. 33 ATTACHMENTIII............................................................................................................................................. 34 CERTIFICATIONS AND ASSURANCES......................................................................................................... 34 ATTACHMENTIV.............................................................................................................................................. 39 ASSURANCES —NON -CONSTRUCTION PROGRAMS................................................................................. 39 ATTACHMENTV............................................................................................................................................... 41 FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST ............... 41 ATTACHMENTV............................................................................................................................................... 43 INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST ................................................... 43 ATTACHMENTVI.............................................................................................................................................. 45 CONTRACTOR'S STATE CONTRACT LIST.................................................................................................. 45 ATTACHMENTVII............................................................................................................................................ 46 BACKGROUNDSCREENING........................................................................................................................... 46 ATTACHMENTVIII........................................................................................................................................... 47 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) ................... 47 ATTACHMENTIX.............................................................................................................................................. 49 ENHANCED HCE INFORMED CONSENT FORM.......................................................................................... 49 ATTACHMENTX............................................................................................................................................... 50 PROPERTY OWNER AUTHORIZATION (MINOR IMPROVEMENTS/REPAIRS)............................................................................................................ 50 ATTACHMENTXI.............................................................................................................................................. 51 PROPERTY OWNER AUTHORIZATION (NON-STRUCTURAL HOME IMPROVEMENTS/MODIFICATIONS).......................................................... 51 ATTACHMENTXII............................................................................................................................................ 52 ENHANCED HCE DEMOGRAPHIC INFORMATION.................................................................................... 52 ATTACHMENTXUI........................................................................................................................................... 53 ENHANCED HCE SERVICES INFORMATION............................................................................................... 53 ATTACHMENTXIV........................................................................................................................................... 54 REQUESTFOR PAYMENT............................................................................................................................... 54 ATTACHMENTXV............................................................................................................................................. 55 RECEIPT AND EXPENDITURE REPORT........................................................................................................ 55 ATTACHMENTXVI........................................................................................................................................... 56 COST REIMBURSEMENT SUMMARY........................................................................................................... 56 ATTACHMENTXVII.......................................................................................................................................... 57 BUDGET SUMMARY SUMMARY................................................................................................................... 57 Cep Page 17 of 57 (November 2022 — September 2023) ATTACHMENT ENHCE 203.23 STATEMENT OF WORK I. SERVICES TO BE PROVIDED: 1. Definition of Terms and Contract Acronyms a. AAA or Contractor - Area Agency on Aging b. AHCA or Agency - Agency for Health Care Administration. c. ARPA - American Rescue Plan Act d. CAP -Corrective Action Plan e. CMS - Centers for Medicare & Medicaid f. DOEA or Department - Department of Elder Affairs g. DSP — Direct Service Provider It. eCIRTS - Enterprise Client Information and Registration Tracking System i. HCBS - Home and Community -Based Services j. HCE - Home Care for the Elderly k. Licensed contractor or subcontractor — As defined by the Florida Department of Business and Professional Regulation 1. PSA — Planning and Service Area m. 701B- DOEA Form 701B Comprehensive Assessment B. General Description 1. General Statement The American Rescue Plan Act (ARPA) of 2021 provides the opportunity for state Medicaid programs to receive an increased, ten (10) percentage point enhancement, Federal Medical Assistance Percentage (FMAP) to support Home and Community -Based Services (HCBS). The Agency is responsible for the distribution and reporting of the state share of funds appropriated pursuant to the ARPA. The Agency understands the importance of investing in aging in place programs that allow Florida's seniors to continue to thrive within a home -based setting over institutional or nursing home care. The Agency, in collaboration with the DOEA will contract with Area Agencies on Aging (the Contractor) to determine eligibility and make payments for home modifications and caregiver support based on the Agency's criteria as authorized by the Centers for Medicare and Medicaid Services (CMS). In the Enhanced HCE program eligible individuals will receive proactive, client -directed, and time -limited home modifications, self - management support, and caregiver support for the purposes of increasing function, increasing independence, and promoting healthy living in home settings. 2. Authority The relevant state statutes and governing rules are: a. Sections 430.601-430.608, Florida Statutes (F.S.) b. Chapter 58H-1, Florida Administrative Code (F.A.C.) c. H.R. 1319, Section 9817 d. Title XIX of the Social Security Act. e. 42 Code of Federal Regulations (CFR), Parts 431.10, f. Department of Elder Affairs Programs and Services Handbook C. Client Eligibility 1. To be eligible for Enhanced HCE the client must be sixty (60) years old or older and either: 0; Page 18 of 57 (November 2022 — September 2023) ENHCE 203.23 a. Enrolled in Florida Medicaid; or b. Beat risk of nursing home placement based on a 701B assessment. II. MANNER OF SERVICE PROVISION A. AAASWFL Responsibilities 1. Manage the Enhanced HCE program and provide primary oversight on the Contractor's administration of the Enhanced HCE program. 2. Establish guidelines for determining the home modifications, self -management support, and caregiver support services in the Enhanced HCE program as approved in the State's ARPA HCBS Spending Plan and Narrative. 3. Establishing criteria for prioritization process of Enhanced HCE participants to receive services in accordance with state statute governing the HCE program and the State's ARPA HCBS Spending Plan and Narrative. 4. Ensure that Enhanced HCE program services are paid for in accordance with this Contract and are additive and not duplicative of services for participants who are enrolled in Florida Medicaid health plans. 5. Develop in coordination with the Agency evaluation tools, surveys, and other materials related to services provided in accordance with this Contract. 6. Review and approve all monthly deliverables as outlined in Table 2, Deliverable Schedule, of this Contract. 7. Work with the Agency and the Contractors to quantify the impact of the Enhanced HCE program on participant and caregiver outcomes. Compile data to send AHCA survey results within 15 days following the end of each quarter. 8. Monitor the Contractors' expenditures of the distributed funds to ensure compliance with applicable state and federal requirements. 9. Review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or on -site visit(s). The primary, secondary, or signatory of the contract must be available for any on -site programmatic monitoring visit. AAASWFL's determination of acceptable performance shall be conclusive. AAASWFL reserves the right to conduct an on -site visit unannounced by persons duly authorized by AAASWFL. AAASWFL may use, but is not limited to, one or more of the following methods for monitoring: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and follow-up on -site visits; c. Client visits; d. Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; f. Review of progress reports; g. Review of customer satisfaction surveys; h. Agreed -upon procedures review by an external auditor or consultant; i. Limited -scope reviews; and j. Other procedures as deemed necessary by AAASWFL. 10. Track expenditures and services in the Enhanced HCE program in accordance with this Contract. 11. All unused funds and disallowed costs from the Contractors shall be returned to the Agency in accordance with this Contract. 12. Provide the Agency with all necessary information required to fulfill federal reporting requirements. This information must be reported quarterly, 15 days following the end of each quarter. 13. Provide technical assistance to the Contractors on Enhanced HCE. Cep Page 19 of 57 (November 2022 — September 2023) ENHCE 203.23 a. AAASWFL agrees to comply with the following responsibilities when Agency data is utilized: Comply with the Department of Health and Human Services Privacy Regulations in the CFR, Title 45, Sections 160 and 164, regarding disclosure of protected health information as specified in Attachment II, Business Associate Agreement. b. Ensure all services provided under this Contract will be performed within the borders of the United States and its territories and protectorates. State-owned Data (data collected or created for or provided by the Agency) will be processed and stored in data centers that are located only in the forty-eight (48) contiguous United States. AAASWFL shall ensure that call centers, Information Technology (IT) help desks or any other type of customer support provided directly under this Contract, shall be located only in the forty-eight (48) contiguous United States. c. To not subcontract, assign, or transfer any work identified under this Contract, without prior written consent of the Agency. Changes to approved subcontracts and/or subcontractors require approval in writing by the AAASWFL prior to the effective date of any subcontract. d. Ensure its employees, subcontractors and agents provide immediate notice to AAASWFL in the event it becomes aware of any security breach and any unauthorized transmission or loss of any or all of the data collected or created for or provided by the Agency. e. Conform to current and updated publications of the principles, standards, and guidelines of the Federal Information Processing Standards (FIPS), the National Institute of Standards and Technology (MIST) publications, including but not limited to Cybersecurity-Framework and NIST.SP.800-53. f. The Agency may conduct an initial IT security rating score scan on AAASWFL, as well as periodic or continuous security monitoring through an information security rating service, at the Agency's expense, to enable the Agency to effectively measure AAASWFL's security risks. The security rating service scan employs only passive, non-invasive techniques centered on AAASWFL's publicly -accessible systems that can be observed from the internet. AAASWFL will work with the Agency's Security Rating Score Provider to define the relevant AAASWFL assets providing Agency services. AAASWFL shall maintain a minimum security rating of 8.0 out of 10 or higher as determined by the Agency's security rating service. Scores lower than the minimum security rating will be remediated in partnership. B. Contractor Responsibilities 1. Ensure that applicant data is evaluated to determine eligibility. Eligibility for Enhanced HCE is based on meeting the requirements described in Section I.C.1. 2. Ensure the following criteria are used to prioritize new clients in the sequence below for service delivery. It is not the intent of AAASWFL to remove existing clients from services to serve new clients being assessed and prioritized for service delivery. a. Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self -care is not possible, there is no capable caregiver, and nursing home placement is likely within one (1) month or very likely within three (3) months. b. Aging Out individuals: Individuals receiving CCDA and HCDA services through DCF's Adult Services transitioning to community -based services provided through AAASWFL when DCF's services are not currently available. c. Service priority for individuals not included in a. or b. above, regardless of referral source, will be determined through the Department's functional assessment administered to each applicant, to the extent funding is available. The Contractor shall ensure that priority is given to applicants at the higher levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 3. Obtain signed Informed Consent (Attachment IX) on all participants prior to any services being rendered. Obtain signed Home Modification Authorizations if necessary (Attachment X and XI). 4. Ensure completion of a client -centered, home -based needs assessment that is evidence -based or aligned with best practices. The needs assessment shall include, but not be limited to, the following: the participant's physical living space (e.g., home modifications, weathering the home, infestation control, prevention of falls, burns, and injuries), access to technology (e.g., senior -friendly hardware devices), and connection to additional Cep Page 20 of 57 (November 2022 — September 2023) ENHCE 203.23 services such as caregiver support, community support, and care planning, which may include advanced care planning, if needed. Occupational therapy, nursing, case management, home safety, and/or licensed contractor/subcontractor services shall be provided in an amount up to $6,000 per participant as indicated on the needs assessment. If the participant is enrolled in a Statewide Medicaid Managed Care (SMMC) health plan, then the Contractor will communicate with the enrollee's health plan case manager and coordinate health plan contribution to home modifications. The amount spent by the SMMC plan shall be recorded by the Contractor but not counted in the $6,000 per participant cap. All services are to be completed within six months of the needs assessment. Services are to be prioritized based on clients' needs, and to optimally increase function and independence for healthy living in home settings. All expenditures are to be reasonable and allowable. 5. Complete 701B assessments on all participants within 45 days prior to any services and complete 701B assessments between fifteen (15) and forty-five (45) days after completing last services. The Vendor shall upload 701B assessment data into eCIRTS. 6. Ensure the provision of program services is consistent with the current DOEA Handbook. 7. Assign its own administrative and support staff as needed to perform the tasks, responsibilities, and duties under this contract and ensure that subcontractors dedicate adequate staff accordingly. 8. Ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 9. Ensure the availability of services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time. 10. If a subcontractor or third party is used, then the Contractor shall: a. Not delay the implementation of its agreement with the subcontractor. If any circumstance occurs that may result in a delay for a period of sixty (60) days or more of the initiation of the subcontract or the performance of the subcontractor, the Contractor shall notify AAASWFL's Contract Manager and AAASWFL's Finance Department in writing of such delay. The Contractor shall not permit a subcontractor to perform services related to this Contract without having a binding subcontractor agreement executed prior to the subcontractor's performance. AAASWFL will not be responsible or liable for any obligations or claims resulting from such action. b. Submit a copy of all subcontracts to AAASWFL within thirty (30) days of the subcontract being executed. c. Monitor, at least once per year, each of its subcontractors, subrecipients, vendors, and/or consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative, and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. The Contractor shall monitor to ensure that 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. The expenditures are appropriate and properly supported. d. Forward a copy of all subcontractor monitoring reports to AAASWFL within thirty (30) days of the report being issued to the subcontractors, subrecipients, vendors, and/or consultants. 11. Provide local management and oversight of Enhanced HCE Program operations in accordance with the current DOEA Handbook. Management and oversight of Enhanced HCE Program operations include the following: a. Developing a competitive solicitation process for allocated Enhanced HCE funds, including appeal procedures for handling disputes involving local service providers; b. Designating appropriate and capable local service providers and establishing vendor/recipient agreements at the Contractor level, when applicable for local service providers and services according to manuals, rules, and agreement procedures of AAASWFL; c. Providing technical assistance and training to local service providers, subcontractors, and vendors to ensure provision of quality services; d. Monitoring and evaluating local service providers, subcontractors, and vendors for fiscal, administrative, and programmatic compliance; Cep Page 21 of 57 (November 2022 — September 2023) e. Appropriately and timely submitting payments to subcontractors; ENHCE 203.23 L Establishing procedures for handling recipient complaints and ensuring that subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services, provider and direct service worker complaints, and any other issues related to complaints (other than termination, suspension, or reduction in services) that require the grievance process as described in Appendix 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; g. Ensuring compliance with eCIRTS regulations; h. Monitoring performance objective achievements in accordance with targets set by AAASWFL; and i. Conducting client satisfaction surveys to evaluate and improve service delivery 60 days after completion of service and provide the survey results to AAASWFL. 12. Respond within ten (10) business days, or within deadlines established by AAASWFL request for routine and/or special requests for information or ad hoc reports. The Contractor must establish due dates for any subcontractor in order to meet AAASWFL's reporting requirements. 13. Submit a Consolidated Surplus/Deficit Report, to AAASWFL, by the 12' of each month. This Consolidated Surplus/Deficit Report must include the following: a. A list of all subcontractors and their current status regarding surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Department will be resolved; c. Recommendations to transfer funds within the PSA or to other Contractors to resolve surplus/deficit spending; d. Number of clients with completed services. e. Number of clients currently receiving services. 14. Submit a completed Cost Analysis for Non -Competitively Procured Contracts in Excess of Category II to AAASWFL. 15. Submit Program Highlights referencing specific events that occurred in preceding SFY/FFY by September 15 each year of this contract period to the AAASWFL. The Contractor shall provide a new success story, quote, testimonial, or human -interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting them to AAASWFL. 16. Maintain documentation to support Requests for Payment that shall be available to AAASWFL or other authorized individuals, upon request. 17. Ensure monthly collection and maintenance of client and service information in eCIRTS or any such system designated by AAASWFL. 18. Submit monthly deliverables for review and approval to AAASWFL in accordance with Table 1, Deliverable Requirements, and Table 2, Deliverable Schedule, of this Contract. 19. Submit monthly invoices for review and preliminary approval to AAASWFL within fifteen (15) calendar days of AAASWFL's approval of all monthly deliverables. 20. Anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of the Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. A copy of the backed -up data shall be stored in a secure, offsite location. Cep Page 22 of 57 (November 2022 — September 2023) ENHCE 203.23 a. Maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of subcontractors. These policies and procedures shall be made available to AAASWFL upon request. 21. Agree to cooperate with AAASWFL in monitoring the progress of completion of the service tasks and deliverables. 22. The Contractor shall ensure the provision of a continuum of services that meets the diverse needs of functionally impaired elders and their caregivers. The Contractor shall ensure that performance and reporting of the following services are in accordance with the current DOEA Handbook, and Section II.A. L-2. Of this contract. Documentation of service delivery must include but is not limited to 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: 23. The Contractor agrees to comply with the following responsibilities when AAASWFL, Department or Agency data is utilized: a. Comply with the Department of Health and Human Services Privacy Regulations in the CFR, Title 45, Sections 160 and 164, regarding disclosure of protected health information as specified in Attachment II, Business Associate Agreement. b. Ensure all services provided under this Contract will be performed within the borders of the United States and its territories and protectorates. State-owned Data (data collected or created for or provided by AAASWFL, Department and/or Agency) will be processed and stored in data centers that are located only in the forty-eight (48) contiguous United States. The Contractor shall ensure that call centers, Information Technology (IT) help desks or any other type of customer support provided directly under this Contract, shall be located only in the forty-eight (48) contiguous United States. c. To not subcontract, assign, or transfer any work identified under this Contract, without prior written consent of the Agency. Changes to approved subcontracts and/or subcontractors require approval in writing by AAASWFL prior to the effective date of any subcontract. d. Ensure its employees, subcontractors and agents shall provide immediate notice to AAASWFL in the event it becomes aware of any security breach and any unauthorized transmission or loss of any or all of the data collected or created for or provided by AAASWFL, Department and/or Agency. e. Conform to current and updated publications of the principles, standards, and guidelines of the Federal Information Processing Standards (FIPS), the National Institute of Standards and Technology (MIST) publications, including but not limited to Cybersecurity-Framework and NIST.SP.800-53. C. Deliverables Section The Contractor shall submit monthly deliverables for review and approval to AAASWFL in accordance with Table 1, Deliverable Requirements, and Table 2, Deliverable Schedule, below: TABLE 1— DELIVERABLE REQUIREMENTS 73E o.Deliverable Supporting Documentation Due Date Signed consent forms from each Completed and signed participant in the enhanced HCE Attachment IX in PDF files or The third (3rd) calendar day o 1 program that acknowledges the other electronic format files with each month rogram's limited scope and duration legally binding attestation from of services. the HCE participant. Report providing the aggregate umber of participants enrolled into Excel spreadsheet showing per 2 he enhanced HCE program, their person information on The third (3rd) calendar day o demographics (e.g., age, sex, race, Attachment XII. each month. ethnicity, AHCA region), and their health insurance carrier. Cep Page 23 of 57 (November 2022 — September 2023) ENHCE 203.23 Report documenting all home modifications and Enhanced HCE Excel spreadsheet showing per The third (3') calendar day o 3 services rendered, their costs, and person information on each month dates of service per person served and Attachment XIII Provider Name. Consolidated Surplus/Deficit Report Completed and signed report in 4 in accordance with the requirements PDF file or other electronic th The twenty-fifth (12 ) listed in Attachment I, Section 1, Sub- format file calendar day of each month. Section F, Item 13. 701B assessment data that will be 5used by the Agency to quantify the Assessment results in electronic As requested by the Agency impact of services on participant and format. caregiver conditions Program Highlights referencing a new PDF completed in accordance 6 success story, quote, testimonial, or with Attachment 1, Section 1, September 15, 2023 human -interest vignette that occurred Sub -Section F, Item 15. in preceding SFY/FFY. TABLE 2 — DELIVERABLE SCHEDULE Source Documentation/Reporting Due Date • November Demographic Information • November Services Information December 3, 2022 • November Informed Consents • Invoice for November Services • November Surplus/Deficit Report December 12, 2022 • December Demographic Information • December Services Information January 3, 2023 • December Informed Consents • Invoice for December Services • December Surplus/Deficit Report January 12, 2023 • January Demographic Information • January Services Information February 3, 2023 • January Informed Consents • Invoice for January Services •Quarterly Survey Results(November, December, January) February 8, 2023 • January Surplus/Deficit Report February 12, 2023 • February Demographic Information • February Services Information March 3, 2023 • February Informed Consents • Invoice for February Services • February Surplus/Deficit Report March 12, 2023 • March Demographic Information • March Services Information April 3, 2023 • March Informed Consents • Invoice for March Services • March Surplus/Deficit Report Aril 12, 2023 • April Demographic Information • April Services Information May 3, 2023 • April Informed Consents • Invoice for April Services •Quarterly Survey Results (February, March, April) May 8, 2023 in Page 24 of 57 (November 2022 — September 2023) ENHCE 203.23 • Aril Surplus/Deficit Report May 12, 2023 • May Demographic Information • May Services Information June 3, 2023 • May Informed Consents • Invoice for May Services • May Surplus/Deficit Report June 12, 2023 • June Demographic Information • June Services Information July 3, 2023 • June Informed Consents • Invoice for June Services • June Surplus/Deficit Report July 12, 2023 • July Demographic Information • July Services Information August 3, 2023 • July Informed Consents • Invoice for July Services •Quarterly Survey Results (May, June, Jul August 8, 2023 • July Surplus/Deficit Report August 12, 2023 • August Demographic Information • August Services Information September 3, 2023 • August Informed Consents • Invoice for August Services • August Surplus/Deficit Report September 12, 2023 • Program Highlights September 15, 2023 • September Demographic Information • September Services Information October 3, 2023 • September Informed Consents • Invoice for September Services • September Surplus/Deficit Report October 12, 2023 III. METHOD OF PAYMENT A. Payment Methods Used The method of payment for this contract is cost reimbursement based on monthly invoicing from the Contractor to the Agency, subject to the availability of funds and Contractor performance. The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, and in accordance with other terms and conditions of this contract. B. Monthly Payments The Contractor shall submit all invoices to AAASWFL for preliminary approval within fifteen (15) calendar days of completion and approval of deliverables(s). The Agency will pay the invoiced amount for services completed each month and after all deliverables are submitted and approved. TABLE 3 PAYMENT SCHEDULE # State Fiscal Year Number Deliverable / Service Description Unit Cost - SFY of Units Cep Page 25 of 57 (November 2022 — September 2023) ENHCE 203.23 Year 1 Operations (December 1, 2022 — June 30, 2023) The Vendor shall provide proactive, client - Per Monthly directed, time -limited home modifications, Invoiced Amount for 1 SFY 2022/2023 self -management support, and caregiver Services Delivered 7 support in accordance with the terms in this Contract. The required reports are the supporting documentation the Agency will use to verify the completion of services. Year2 Operations (July 1, 2023 — September 30, 2023) The Vendor shall provide proactive, client- per Monthly directed, time -limited home modifications, Invoiced Amount for 2 SFY 2023/2024 self -management support, and caregiver Services Delivered 3 support in accordance with the terms in this Contract. The required reports are the supporting documentation the Agency will use to verify the completion of services. C. Method of Invoice Payment All requests for payment shall all be submitted using Attachment XIV. Payment may be authorized for all allowable expenditures to complete the tasks identified in and required by this Contract. Any payment due under the terms of this contract may be withheld pending the receipt and approval by AAASWFL of all deliverables due from the Contractor and any adjustments thereto, including any disallowance not resolved. Payment shall be made upon the Contractor presentation of an invoice subsequent to the acceptance and approval by AAASWFL of the deliverables shown on the invoice. The form and substance of each invoice packet submitted by the Contractor shall be as follows: 1. Have a Remittance Address that corresponds exactly to the "Remit To" address provided to MyFloridaMarketPlace (MFMP) during registration. 2. Request payment monthly for the services provided in conformance with the requirements as described in the current DOEA Handbook and in accordance with the Payment Schedule in Table 3 above, at the rates established in Attachment 1 Section II.A.1 and II.A.2. Documentation of service delivery must include a report consisting of the following: name of each client served, all home modifications and services provided with their cost and dates of service, with calculations that equal the total invoice amount (Attachment XIII). Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form (Attachment XVI) and include only items contained on the Contractor's Cost Analysis form. Any requested changes to the approved budget subsequent to the execution of the contract must be submitted to AAASWFL for written approval. Any change to the total contract amount requires a formal contract amendment. 3. The Contractor shall consolidate all subcontractors' Requests for Payment and Receipt and Expenditure Reports that support Requests for Payment and shall submit the consolidated information to AAASWFL using the Request for Payment (Attachment XIV), Receipt and Expenditure Report (Attachment XV), and Cost Reimbursement Summary (Attachment XVI) forms for services and administrative expenses, which must include itemized expenditure categories. 4. All Requests for Payment shall be based on the submission of monthly Receipt and Expenditure Reports beginning with the first month of this contract. 5. The Contractor shall submit monthly invoices to AAASWFL for review and processing for payment. Cep Page 26 of 57 (November 2022 — September 2023) ENHCE 203.23 6. Invoices received and deemed inappropriate for payment shall be returned to the Contractor explaining the basis for non-payment by the entity making the non-payment determination. The parties hereto understand that all payments are subject to the final review processing by AAASWFL prior to payment. C. Return of Funds The Contractor shall be permitted to encumber an amount of $6,000.00 per person who has given informed consent to participate. The Contractor shall be permitted to unencumber any amount of funds as needed. Encumbered funds must be encumbered no later than June 30, 2023. Any unencumbered funds by June 30, 2023 shall be returned to the Agency by July 30, 2023. AAASWFL will provide the Contractor with details on the process for returning unencumbered funds. D. Payment Withholding Any payment due under the terms of this contract may be withheld pending the receipt and approval by AAASWFL of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved. E. Final Invoice Instructions The Contractor shall submit the final Request for Payment to AAASWFL no later than 45 days after contract period ends. F. Documentation for Payment The Contractor shall maintain documentation to support payment requests to AAASWFL or authorized individuals, such as AAASWFL's Fiscal Department, upon request. G. Financial Consequences The Contractor shall ensure 100% of the deliverables identified in Attachment I, Statement of Work are performed pursuant to contract requirements. AAASWFL will assess a financial consequence of $100 per business day beyond the due date for deliverables that are not submitted on time, unless otherwise agreed to by AAASWFL. H. Contractor's Financial Obligations The Contractor shall only use the funds provided through this contract for the specified purposes. IV. SPECIAL PROVISIONS A. Contract Modifications — If any extenuating circumstances arise AAASWFL has the authority to modify and/or extend any contractually identified deadline (e.g., deliverable) listed throughout this contract documents. All requests for modification by Contractor must be made, in writing prior to the required deadline, to AAASWFL. All approvals for modification and/or extension must be communicated, in writing, by AAASWFL to Contractor and are subject to the discretion of AAASWFL. The requests and the approval must occur prior to the established deadline. B. Monitoring - The primary, secondary or signatory of the contract must be present for any on -site programmatic monitoring visit. AAASWFL reserves the right to conduct an on -site visit unannounced by persons duly authorized by AAASWFL. END OFATTACHMENT CQp Page 27 of 57 (November 2022 — September 2023) ENHCE 203.23 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by AAASWFL to the Contractor may be subject to audits and/or monitoring by AAASWFL, as described in this section. lU to] 0I1Ice] .710to] 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 Department staff, limited scope audits and/or other procedures. By entering into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by AAASWFL. In the event AAASWFL determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by AAASWFL to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by AAASWFL. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200, Subpart A. In the event that the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through AAASWFL by this contract. In determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including federal resources received from AAASWFL. The determination of amounts of Federal awards expended should be in accordance with 2 CFR Part 200. An audit of the Contractor conducted by AAASWFL in accordance with the provisions of 2 CFR Part 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR § 200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Department shall be based on the contract's requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Department shall be fully disclosed in the audit report with reference to the Department contract involved. If not otherwise disclosed as required by 2 CFR § 200.510, the schedule of expenditures of federal awards shall identify expenditures by contract number for each contract with the Department in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Contractor's fiscal year end. PART II: STATE FUNDED This part is applicable if the Contractor is a non -state entity as defined by Section 215.97(2), F.S. Cep Page 28 of 57 (November 2022 — September 2023) ENHCE 203.23 In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor, the Contractor must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Department by this contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non -state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Contractor resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Department shall be based on the contract's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Department shall be fully disclosed in the audit report with reference to the Department contract involved. If not otherwise disclosed as required by Rule 69I- 5.003, F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Department in effect during the audit period. For local governmental entities, financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the Contractor's fiscal year end. For non-profit or for -profit organizations, financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Department retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR § 200.512 by or on behalf of the Contractor directly to each of the following: AAASWFL Richard Cocchieri, CFO 2830 Winkler Ave, Suite 112 Ft. Myers, Florida 33916 Pursuant to 2 CFR § 200.512, all other Federal agencies, pass -through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of any management letter issued by the auditor directly to AAASWFL. Cep Page 29 of 57 (November 2022 — September 2023) AAASWFL ENHCE 203.23 Richard Cocchieri, CFO 2830 Winkler Ave, Suite 112 Ft. Myers, Florida 33916 Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment, Part II, shall be submitted by or on behalf of the Contractor directly to each of the following: The Department at the following address: AAASWFL 2830 Winkler Ave, Suite 112 Ft. Myers, Florida 33916 Any reports, management letters, or other information required to be submitted to the Department pursuant to this contract shall be submitted timely in accordance with 2 CFR Part 200, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Contractors, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200 or Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Department or its designee, the CFO, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Department or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Department. Cep Page 30 of 57 (November 2022 — September 2023) ATTACHMENT II ENHCE 203.23 EXHIBIT I PART I: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215.97, F.S. Contractors who are determined to be recipients or sub -recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Contractors who have been determined to be vendors are not subject to the audit requirements of 2 CFR § 200.38 and/or Section 215.97, F.S. Regardless of whether the audit requirements are met, Contractors who have been determined to be recipients or sub -recipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part 200 and/or Rule 69I-5.006, F.A.C., Contractor has been determined to be: Vendor not subject to 2 CFR § 200.38 and/or Section 215.97, F.S. x_ Recipient/sub-recipient subject to 2 CFR §§ 200.86 and 200.93 and/or Section 215.97, F.S. Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for -profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and/or state financial assistance, and has been approved by the department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I-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 AWARDS. Contractors who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a sub - recipient must comply with the following fiscal laws, rules, and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR § 200.416 - § 200.417 — Special Considerations for States, Local Governments, and Indian Tribes* 2 CFR § 200.201 — Administrative Requirements** 2 CFR § 200 Subpart F — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR § 200.400 - § 200.411 — Cost Principles* 2 CFR § 200.100 — Administrative Requirements 2 CFR § 200 Subpart F — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR § 200.418 — § 200.419 — Special Considerations for Institutions of Higher Education* 2 CFR § 200.100 — Administrative Requirements 2 CFR § 200 Subpart F — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in 2 CFR §200.400(5)(c). Cep Page 31 of 57 (November 2022 — September 2023) ENHCE 203.23 "For funding passed through U.S. Health and Human Services, 45 CFR Part 75; for funding passed through U.S. Department of Education, 34 CFR Part 80. STATE FINANCIAL ASSISTANCE. Contractors who receive state financial assistance and who are determined to be a recipient/sub-recipient must comply with the following fiscal laws, rules, and regulations: Sections 215.97 & 215.971, F.S. Chapter 69I-5, F.A.C. State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations Cep Page 32 of 57 (November 2022 — September 2023) ATTACHMENT II ENHCE 203.23 EXHIBIT 2 FUNDING SUMMARY (2022-2023) Note: Title 2 CFR, as revised, and Section 215.97, F.S., require that the information about Federal Programs and State Projects included in Attachment II, Exhibit 1, be provided to the recipient. Information contained herein is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): FEDERAL AWARD DATE: DUNS NUMBER: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133 — Audits of States, Local Governments, and Non -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT ARP Enhanced FMAP Medical Care Trust Fund $334,665.56 TOTAL AWARD $334,665.56 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 69I-5, F.A.C., State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules, and regulations Cep Page 33 of 57 (November 2022 — September 2023) ATTACHMENT III ENHCE 203.23 CERTIFICATIONS AND ASSURANCES AAASWFL will not award this contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and Suspension Certification (29 CFR Part 95 and 45 CFR Part 75) B. Certification Regarding Lobbying (29 CFR Part 93 and 45 CFR Part 93) C. Nondiscrimination & Equal Opportunity Assurance (29 CFR Part 37 and 45 CFR Part 80) D. Certification Regarding Public Entity Crimes, section 287.133, F.S. E. Association of Community Organizations for Reform Now (ACORN) Funding Restrictions Assurance (Pub. L. 111-117) F. Scrutinized Companies Lists and No Bovcott of Israel Certification, section 287.135. F.S. G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Grants, Loans, and Cooperative Agreements H. Verification of Employment Status Certification I. Records and Documentation J. Certification Regarding Inspection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients and contractors shall provide this certification accordingly. B. CERTIFICATION REGARDING LOBBYING — CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS. The undersigned Contractor certifies, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, Cep Page 34 of 57 (November 2022 — September 2023) ENHCE 203.23 the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this contract imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. NON- DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). - As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I -financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. 5. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Department. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment -related activities. 7. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WIA Title I — financially assisted program or activity, and to all contracts Contractor makes to carry out the WIA Title I — financially assisted program or activity. Cep Page 35 of 57 (November 2022 — September 2023) ENHCE 203.23 Contractor understands that AAASWFL and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform AAASWFL immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. I I 1-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub - recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT OF ISRAEL CERTIFICATION, SECTION 287.135, F.S. In accordance with section 287.135, F.S., Contractor hereby certifies that it has not been placed on the Scrutinized Companies that Boycott Israel List and that it is not engaged in a boycott of Israel. If this contract is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it is not engaged in business operations in Cuba or Syria. Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may result in the Department terminating this contract and the submission of a false certification may subject Contractor to civil penalties and attorney fees and costs, including any costs for investigations that led to the finding of false certification. If Contractor is unable to certify any of the statements in this certification, Contractor shall attach an explanation to this contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS 1. The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. 2. Management Information Systems used by the Contractor, Subcontractors, or any outside entity on which the Contractor is dependent for data that is to be reported, transmitted, or calculated have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non -compliant, Contractors will take immediate action to assure data integrity. Cep Page 36 of 57 (November 2022 — September 2023) ENHCE 203.23 3. If this contract includes the provision of hardware, software, firmware, microcode, or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. 5. The Contractor and any Subcontractors of services under this contract warrant that their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency, including emergencies arising from data integrity compliance issues. H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Department, Contractor certifies the use of the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by Contractor during the contract term to perform employment duties pursuant to this contract, and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this contract utilize the E-verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all sub -agreements, sub -grants, and other agreements/contracts and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this contract imposed by Circulars A-102 and 2 CFR Part 200 and 215 (formerly OMB Circular A-110). I. RECORDS AND DOCUMENTATION The Contractor agrees to make available to Department staff and/or any party designated by the Department any and all contract related records and documentation. The Contractor shall ensure the collection and maintenance of all program related information and documentation on any such system designated by the Department. Maintenance includes valid exports and backups of all data and systems according to Department standards. J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS 1. In addition to the requirements of Section 10 of the Standard Contract, sections 119.0701(3) and (4) F.S., and any other applicable law, if a civil action is commenced as contemplated by section 119.0701(4), F.S., and the Department is named in the civil action, Contractor agrees to indemnify and hold harmless the Department for any costs incurred by the Department and any attorneys' fees assessed or awarded against the Department from a Public Records Request made pursuant to Chapter 119, F.S., concerning this contract or services performed thereunder. a. Notwithstanding section 119.0701, F.S., or other Florida law, this section is not applicable to contracts executed between the Department 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 Department of Elder Affairs) are public records. Section 119.07, F. S, states that every person who has custody of such a public record shall permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances. Cep Page 37 of 57 (November 2022 — September 2023) ENHCE 203.23 Additionally, I certify this organization does x does not _provide for institutional memberships. Contractor's signature below attests that records pertaining to the dues or membership application by the Department are available for inspection if applicable, as stated above. By execution of this contract, Contractor must include these provisions (A-J) in all related subcontract agreements (if applicable). BWilrlamsolr lContra,.,�fj��,h�-�ir�iflns outlined in parts A through J above are true and correct. WilliamsTanya Date: 2023.03.02 a n a Y 12:21:39-05'00' 3339 Tamiami Trail E #213 Signature and Title of Authorized Representative Street Address Tan a R Williams 03.02.2023 I Collier County Board of County Com Naples, FL 34112 Contractor Date City, State, Zip code As designee of the County Manager, pursuant to Resolution No. 2018-202. App ed as to Form and Legality: Derek D. Perry Assistant County Attorney Page 38 of 57 0; (November 2022 — September 2023) ATTACHMENT IV ENHCE 203.23 ASSURANCES —NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average forty-five (45) minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. Cep Page 39 of 57 (November 2022 — September 2023) ENHCE 203.23 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction sub -contracts. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200. 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies X/%*F1 flrttl L9T-a Digitally signed by V V IIIIcAl 1 IV 1 %.A SIGNATURE OF AUTHORIZELt�I202S L TITLE nva 12:22:13-05'00' T a R Williams Public Service De artment Head APPLICANT ORGANIZATION DATE SUBMITTED 03.02.2023 Collier County Board of County Commissioners Appr -e asto F n �agdPL�g iry: DemkD.Pary Assistant County Attorney As designee of the County Manager, pursuant to Resolution No. 2018-202. 0; Page 40 of 57 (November 2022 — September 2023) ENHCE 203.23 ATTACHMENT V FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name County AAA/Contractor Address Completed By City, State, Zip Code Date Telephone PART I: READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: For questions 2-5 please indicate the fol 2. Population of area served 3. Staff currently employed 4. Clients currently enrolled/registered 5. Advisory/Governing Board if applicable lowing: Total # % White % Black ova Hispanic % Other % Female ova Disabled % Over 40 Source of data: Effective date: Effective date: PART II: USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. IF N/A or NO, EXPLAIN. 6. Is an Assurance of Compliance on file with AAASWFL? N/A YES NO ❑ ❑ ❑ 7. Compare the staff composition to the population. Is staff representative of the population? N/A YES NO ❑ ❑ ❑ 8. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national N/A YES NO origin, sex, age, religion, or disability? ❑ ❑ ❑ 9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner N/A YES NO regardless of race, sex, color, age, national origin, religion, or disability? ❑ ❑ ❑ 10. For in -patient services, are room assignments made without regard to race, color, national origin or disability? N/A YES NO ❑ ❑ ❑ 11. Is the program/facility accessible to non-English speaking clients? N/A YES NO ❑ ❑ ❑ 12.Are employees, applicants and participants informed of their protection against discrimination? If YES, how? N/A YES NO Verbal ❑ Written ❑ Poster ❑ ❑ ❑ ❑ Page 41 of 57 (November 2022 — September 2023) ENHCE 203.23 13. Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER against the program/facility. ❑ 14. Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? N/A YES NO PART III: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO, EXPLAIN. 15. Has as a self -evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO necessary modifications? ❑ ❑ 16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO ❑ ❑ 17. Has a person been designated to coordinate Section 504 compliance activities? YES NO ❑ ❑ 18. Do recruitment and notification materials advise applicants, employees, and participants of nondiscrimination on YES NO the basis of disability? ❑ ❑ 19.Are auxiliary aids available to ensure accessibility of services to hearing and sight -impaired individuals? YES NO ❑ ❑ PART IV: FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000.00 OR MORE. 20. Do you have a written affirmative action plan? If NO, explain. YES NO ❑ ❑ AAASWFL Reviewed by In Compliance: YES ❑ NO* ❑ Program Office *Notice of Corrective Action Sent Date Telephone Response Due On -Site ❑ Desk Review ❑ Response Received C �p Page 42 of 57 (November 2022 — September 2023) ENHCE 203.23 ATTACHMENT V INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district, county, city, or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 2. Enter the percent of the population served by race, sex, disability, and over the age of 40. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race, sex, disability, and over the age of 40. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex, disability, and over the age of 40. Include the date that enrollment was counted. a. Where there is a significant variation between the race, sex, or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons. 5. Enter the total number of advisory board members and their percent by race, sex, disability, and over the age of 40. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR Part 80. This is usually a standard part of the contract language for DOEA Recipients and their Sub -grantees. 45 CFR § 80.4(a). 7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff? 8. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or employment. 45 CFR § 80.3(a) and 45 CFR § 80.1. 9. Participants or clients must be provided services such as medical, nursing, and dental care, laboratory services, physical and recreational therapies, counseling, and social services without regard to race, sex, color, national origin, religion, age, or disability. Courtesy titles, appointment scheduling, and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age, or disability. Entrances, waiting rooms, reception areas, restrooms, and other facilities must also be equally available to all clients. 45 CFR § 80.3(b). 10. For in -patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin, or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability. 45 CFR § 80.3(a). 11. The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services. 45 CFR § 80.3(a). 12. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries, or any other interested parties. 45 CFR § 80.6(d). This should include information on their right to file a complaint of discrimination with either the Department or the U.S. Department of Health and Human Services. The information may be supplied verbally or in writing to every individual or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility. 13. Report number of discrimination complaints filed against the program/facility. Indicate the basis (e.g. race, color, creed, sex, age, national origin, disability, and/or retaliation) and the issues involved (e.g. services or employment, placement, Cep Page 43 of 57 (November 2022 — September 2023) ENHCE 203.23 termination, etc.). Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state, or federal agency with whom the complaint has been filed. Indicate the current status of the complaint (e.g. settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc.). 14. The program/facility must be physically accessible to mobility, hearing, and sight -impaired individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps, and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, and information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, 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 made and of any remedial steps taken 45 CFR § 84.6. (This checklist may be used to satisfy this requirement if these four steps have been followed). 16. Programs or facilities that employ 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Part 84 of Title 45, CFR45 CFR § 84.7(b). 17. Programs or facilities that employ 15 or more persons shall designate at least one person to coordinate its efforts to comply with Part 84 of Title 45, CFR. 45 CFR § 84.7(a). 18. Programs or facilities that employ 15 or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees that the program/facility does not discriminate on the basis of handicap in violation of Section 504 and Part 84 of Title 45, CFR. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in publications of the programs or facilities, and distribution of memoranda or other written communications. 45 CFR § 84.8(a). 19. Programs or facilities that employ 15 or more persons shall provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills where necessary to afford such persons an equal opportunity to benefit from the service in question. Auxiliary aids may include, but are not limited to, brailed and taped materials, interpreters, and other aids for persons with impaired hearing or vision. 45 CFR § 84.52(d). 20. Programs or facilities with 50 or more employees and $50,000.00 in federal contracts must develop, implement, and maintain a written affirmative action compliance program in accordance with Executive Order 11246, 41 CFR Part 60 and Title VI of the Civil Rights Act of 1964, as amended. Cep Page 44 of 57 owl V o � a w U A w H A kn 0 bA (November 2022 — September 2023) ATTACHMENT VII ENHCE 203.23 BACKGROUND SCREENING Ron DeSantis Governor Dcpartmcnt of ELDER AFFAIRS Michelle Branham STATE OF FLORIDA Secretary BACKGROUNDSCREENING Attestation of Compliance - Employer AUTHORITY: This form is required annually of all employers to comply with theattestation requirements set forth in section 435.05(3), Florida Statutes. ➢ The term "employer" means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability ResourceCenters, Lead Agencies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs (DOEA), and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See §§ 435.02, 430.0402, Fla. Stat. ➢ A direct service provider is "a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client and has access to the client's living area, funds, personal property, or personal identification information as defined in s. 817.568. The term includes coordinators, managers, and supervisors of residential facilities and volunteers." § 430.0402(1)(b), Fla. Stat. ATTESTATION: As the duly authorized representative of Employer Name located at Street Address City State ZIP code I, do hereby affirm under penalty of Name of Representative perjury that the above- n a in e d employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Signature of Representative Date DOEA Form 235, Attestation of Compliance - Employer, Effective January 19, 2021 F.S. Form available at: htto://elderaffairs.state;fl.us/englishlbackgroundscreeningphn Section 435.05(3), Page 46 of 57 GAO (November 2022 — September 2023) ENHCE 203.23 ATTACHMENT VIII CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) CMBE FORM MUST A CCOMPANY INVOICES SUBMITTED TO AAASWFL CONTRACTOR NAME: AAASWFL CONTRACT NUMBER: *REPORTING PERIOD -FROM: TO: *(DATE RANGE OF RENDERED SERVICES, MUST MATCH INVOICE SUBMITTED TO AAASWFL) AAASWFL CONTRACT MANAGER: REPORT ALL EXPENDITURES MADE TO CERTIFIED MINORITY BUSINESS (SUBCONTRACTORS). CONTACT AAASWFL CONTRACT MANAGER FOR ANY QUESTIONS. SUBCONTRACTOR NAME SUBCONTRACTOR'S CMBE EXPENDITURES FEID AAASWFL USE ONLY -- REPORTING ENTITY (DIVISION, OFFICE, ETC) SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO: TRINA NULLET If unsure if subcontractor is a certified minority sUplier, click on the hyperlink below. Enter the name of the supplier, click "search". Only Certified Minority Business Entities will be displace https:Hosd.dms.myflorida.com/directories Page 47 of 57 CQp (November 2022 — September 2023) ENHCE 203.23 (A) ENTER THE COMPANY NAME AS IT APPEARS ON YOUR AAASWFL CONTRACT. (B) ENTER THE AAASWFL CONTRACT NUMBER. (C) ENTER THE SERVICE PERIOD MATCHING THE CURRENT INVOICE'S SERVICE PERIOD. (D) ENTER ALL CERTIFIED MINORITY BUSINESS EXPENDITURES FOR THE TIME PERIOD COVERED BY THE INVOICE: 1. ENTER CERTIFIED MINORITY BUSINESS NAME. 2. ENTER THE CERTIFIED MINORITY BUSINESS FEID NUMBER. 3. ENTER THE CERTIFIED MINORITY BUSINESS CMBE NUMBER. 4. ENTER THE AMOUNT EXPENDED WITH THE CERTIFIED MINORITY BUSINESS FOR THE TIME PERIOD COVERED BY THE INVOICE. (E) MBE FORM MUST ACCOMPANY INVOICE PACKAGE SUBMITTED TO AAASWFL'S FINANCIAL ADMINISTRATION FOR PROCESSING. (F) FINANCIAL ADMINISTRATION WELL FORWARD ALL COMPLETED CMBE FORMS TO CONTRACT ADMINISTRATION & PURCHASING OFFICE. Page 48 of 57 CQ p (November 2022 — September 2023) ATTACHMENT IX ENHCE 203.23 ENHANCED HCE INFORMED CONSENT FORM Name Street Address/PO Box City, State, Zip Code Enhanced HCE Informed Consent ENROLLEE NAME: DATE OF BIRTH: As part of participation in the Enhanced HCE Program, I consent to the following: • I agree to a client -centered and home -based assessment to determine my living situation needs within the limited scope of program. I agree to a re -assessment after the home improvements are completed. • I understand and agree that the contracted occupational therapist, contracted nurse, direct service provider, or Area Agency on Aging (AAA) staff member may need to talk to my doctor, case manager, or other health care professional about my health and living situation. I also understand that they may need to interview my family members, close friends, or social services professionals about my health and living situation. • I understand that this home improvement program is only good for a limited amount of time and will end after four months. • I agree to allow authorized individuals access to my property to complete recommended home improvements and to verify that work has been completed. • This authorization will remain in effect, unless revoked in writing, for the duration of participation in the program. • I understand that home improvement services may improve my function and independence, which may affect my place on the wait list for Medicaid coverage. • I understand that if I am not the property owner of my residence, I am required to get written authorization from the property owner prior to any home repair, home renovation and/or maintenance are performed on the property. • It is my responsibility to notify the HCE program that I am not the property owner, and to request the necessary form for the property owner to execute. • I further understand that the property owner can refuse to authorize home improvements to be made to the property where I reside. Signature of Enrollee or Enrollee's Representative Relationship (if representative signs) Date O Page 49 of 57 GA (November 2022 — September 2023) ATTACHMENT X ENHCE 203.23 Property Owner Name: Daytime Telephone: Address: Email Address: PROPERTY OWNER AUTHORIZATION (MINOR IMPROVEMENTS/REPAIRS) Nighttime Telephone: I/We, , certify that Uwe am/are the owner(s) of the property located at: I/We authorize the following work to be performed on the property listed above to include but not limited to, cleaning and/or minor repairs to the residence for the current tenant(s) In the event non-structural modifications are to be made, Uwe will be provided with notification prior to the commencement of any work to be performed, and Uwe will be required to provide written authorization. Signature of Property Owner Signature of Property Owner Date Date Page 50 of 57 CQp (November 2022 — September 2023) ATTACHMENT XI ENHCE 203.23 PROPERTY OWNER AUTHORIZATION (NON-STRUCTURAL HOME IMPROVEMENTS/MODIFICATIONS) Property Owner Name: Daytime Telephone:_ Address: Email Address: FWe, located at: Nighttime Telephone: certify that Uwe am/are the owner(s) of the property Uwe authorize the following non-structural home improvements/modifications to be made to the property listed above for the benefit of the current tenant(s) and at no cost to me: Signature of Property Owner Signature of Property Owner Date Date Page 51 of 57 CQp (November 2022 — September 2023) ATTACHMENT XII ENHCE 203.23 ENHANCED HCE DEMOGRAPHIC INFORMATION Enhanced HCE Demographic Information Date of PSA/AHCA Health Insurance Client Name Birth Sex Race Ethnici Region Carrier Page 52 of 57 Cep (November 2022 — September 2023) ENHCE 203.23 ATTACHMENT XIII ENHANCED HCE SERVICES INFORMATION F—ME TEnhanced HCE Services Information Service Completed Client Name DOB Provider Name Service Rendered Cost Date of Service Service? Y/N Page 53 of 57 Cep (November 2022 - September 2023) ATTACHMENT XIV ENHCE 203.23 REQUEST FOR PAYMENT HOME CARE FOR THE ELDERLY PROGRAM RECIPIENT NAME, ADDRESS, PHONE# and FEID# Contract# TYPE OF PAYMENT: Contract Period Regular Report Period Advance Report # PSA # Invoice # CERTIFICATION: I hereby certify to the best of my knowledge that this request is complete and correct and conforms with the terms and the purposes of the above contract. Prepared by: Date: Approved by: Date: PART A: BUDGET SUMMARY AAA Admin. Services TOTAL 1. Approved Contract Amount $0.00 $0.00 $0.00 2. Previous Funds Received for Contract Period $0.00 $0.00 $0.00 3. Contract Balance (line 1 minus line 2) $0.00 $0.00 $0.00 4. Previous Funds Requested and Not Received for Contract Period $0.00 $0.00 $0.00 5. CONTRACT BALANCE (line 3 minus line 4) $0.00 $0.00 $0.00 PART B: CONTRACT FUNDS REQUEST 1. Anticipated Cash Need (1 st - 2nd months) $0.00 $0.00 $0.00 2. Net Expenditures For Month $0.00 $0.00 $0.00 (DOEA Form 105H, Part B, Line 3) 3. TOTAL $0.00 $0.00 $0.00 PART C: NET FUNDS REQUESTED 1. Less Advance Applied $0.00 $0.00 $0.00 2. TOTAL FUNDS REQUESTED (Part B Line 3, minus Part C Line 1) $0.00 $0.00 $0.00 List of Services / Units / Rates provided - See attached report. DOEA FORM 106H Revised 03/23/18 Page 54 of 57 CEO (November 2022 - September 2023) ATTACHMENT XV ENHCE 203.23 RECEIPT AND EXPENDITURE REPORT PROVIDER NAME, ADDRESS, PHONE # and FElD# Program Funding : Contract# Contract Period AAA Admin. Report Period Report # Services Invoice # PSA # CERTIFICATION: I certify to the best of my knowledge and belief that the report is complete and correct and all outlays herein are for purposes set forth in the contract. Prepared by : ____Date Approved by : ---------Date PART A : BUDGETED INCOME/ RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. State Funds $0.00 $0.00 $0.00 #DIV10! 2. TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIVIO! PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Bud et 1. AAA Program Administration $0.00 $0.00 $0.00 #DIVIO! 2. Services $0.00 $0.00 $0.00 #DIV10! 3. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV10! PART C : OTHER REVENUE AND EXPENDITURES I. Interest: II. Advance Recoupment 1. Earned on GR Advance $ 2. Return of GR Advance $ 1. Advance Recouped $ 3. Other Earned $ ❑OEA FORM 105H Revised 03.+23.M Page 55 of 57 CIN (November 2022 — September 2023) ATTACHMENT XVI ENHCE 203.23 COST REIMBURSEMENT SUMMARY Contra at # Report (invoice) Number: Budget Number of Category Description units Service Date Amount C O p lG V! C E Q TOTAL ADMI NI S TRA11 O N $0_00 d c a K w TI I L TOTAL EXPENSES $0.00 O Page 56 of 57 GA (November 2022 — September 2023) ENHCE 203.23 ATTACHMENT XVII BUDGET SUMMARY SUMMARY Services $334,665.56 Page 57 of 57 CQp