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Agenda 08/08/2023 Item #16D5 (Provide uninterrupted support services to Collier County Services for Seniors Program elderly - $358,153)16.D.5 08/08/2023 EXECUTIVE SUMMARY Recommendation to approve after -the -fact agreements and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grant programs for Collier County's Services for Seniors Program and authorize a Budget Amendments in the amount of $358,153 to ensure continuous funding for FY2023/2024. (Human Service Grant Fund 1837) OBJECTIVE: To provide uninterrupted support services to Collier County's Services for Seniors Program elderly clients. CONSIDERATIONS: The Community and Human Services (CHS) Division's Services for Seniors Program (CCSS) has been providing support to Collier County's frail and elderly citizens for over thirty (30) years through the Community Care for the Elderly (CCE), Alzheimer's Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant programs. These grants are funded by the Florida Department of Elder Affairs (DOEA) through the Area Agency on Aging for Southwest Florida (AAASWFL). These grants enable clients to remain in their homes and live with independence and dignity. The estimated funding levels for FY2023-2024 were approved by the Board of County Commissioners (Board) on June 13, 2023 (Agenda Item #16D9) for CCE, ADI, & HCE to prevent disruption in services and ensure compliance with the grant service agreement requirement. The contracts have a one-year term, effective July 1, 2023, through June 30, 2024, with a three-year renewal option. Through the proposed contract, AAASWFL has provided an increase in funding for CCE, ADI, and HCE funding to the grant awards as shown in the chart below for the FY2023/2024 contract year. AAASWFL agrees to pay for contracted services in the amount of $1,121,000 for the CCE program, $984,394 for the ADI program, and $55,538** for the HCE Program. The overall funding will allow Services for Seniors to provide case management and services based on current and projected program needs. The CCE grant has a revised local match in the amount of $124,555.56*, this match will be partially met through the co -payments received from clients in the amount of $16,262 and local vendor estimated match contribution in the amount of $78,293.56 and local cash match of $30,000. The following table provides a detailed breakdown of the increased award adjustment: Program Community Care for the Elderly (CCE)* Alzheimer's Disease Initiative (ADI)* Home Care for the Project Estimated Actual Increase/ Number I Budget Budget Decrease 33858 $1,070,993 $1,121,000 I $50,007 33857 $676,408 $984,394 33859 $20,378 $20,538 $307,986 $160 Local Match Inc/Dec $0 NA NA Elderly (HCE) Basic Subsidy** Total2023-2024 I I $1,767,779 I $2,125,932 I $358,153 I $0 *Ten Percent (10%) match is the Award divided by .9, then multiplied by.l, per grantor requirements, rounded to the nearest dollar. The Cash Match is reduced by the Co -payment budget and vendor match contribution. **The estimated HCE Basic Subsidy of $35,000 is to be retained by the grantor agency and therefore is not included within Collier County's budget. Program Project I Estimated Budget I Actual Budget Increase/ Decrease Packet Pg. 471 16.D.5 08/08/2023 CCE Co -Payment 33627 $16,262 $16,262 $0 Budget YR 23-24 ADI Co -Payment 33625 $12,540 $12,540 $0 Budget YR23-24 Total $28,802 $28,802 $0 CCSS is also responsible for the collection of client co -payments for the CCE and ADI Grants, with a specified collection goal established by CHS. Budget Amendment adjustments will be needed to the co -payment goals used to support the programs. The CCE co -payments are used to offset the local matching requirements. AAASWFL routinely sends CCSS agreements that require a 30-day turnaround time. This timeframe makes it impossible to process the documents for the Board's approval in the time requested by the AAASWFL. The agreements for CCE, ADI, & HCE are being presented "After -the -Fact" because Collier County received the CCE grant agreement on June 28, 2023, with an effective contract date of the last day the contract had been signed by both parties with an effective date of July 1, 2023. Consequently, pursuant to CMA #5330 and Resolution No. 2018-202, the County Manager authorized the Public Services Department Head to sign the contracts. These contracts are being presented for Board ratification. Collier County, as the Lead Agency, is responsible for responding to seniors' needs and managing the spending authority for the Federal and State Funded Services for Seniors programs. FISCAL IMPACT: Funding will reside in Human Services Grant Fund (1837) Project 33858 (CCE); 33857 (ADI); 33859 (HCE); 33627 (CCE Co -Pays); and 33625 (ADI Co -Pays). Local match is available through carry forward (Reserves) in Human Services Fund (1837). Budget Amendments are also required to increase the funding for 33858 (CCE) by $50,007, 33857 (ADI) by $307,986, 33859 (HCE) by $160 33627 (CCE Co -Pays) by $0, and 33625 (ADI Co -Pays) by $0. 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 after -the -fact agreements and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grant programs for Collier County's Services for Seniors Program and authorize a Budget Amendments in the amount of $358,153 to ensure continuous funding for FY2023/2024. Prepared By: Wendy Klopf, Grant Coordinator, Community & Human Service's Division ATTACHMENT(S) 1. (Linked) CCE 203.23 -EXEC F (PDF) 2. Resolution 2018-202 (PDF) 3. (Linked) ADI 203.23 -EXEC F (PDF) 4. (Linked) HCE 203.23 - EXEC F (PDF) Packet Pg. 472 16.D.5 08/08/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 25993 Item Summary: Recommendation to approve after -the -fact agreements and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grant programs for Collier County's Services for Seniors Program and authorize a Budget Amendments in the amount of $358,153 to ensure continuous funding for FY2023/2024. (Human Service Grant Fund 1837) Meeting Date: 08/08/2023 Prepared by: Title: Operations Coordinator — Community & Human Services Name: Wendy Klopf 07/07/2023 11:12 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 07/07/2023 11:12 AM Approved By: Review: Community & Human Services Community & Human Services Community & Human Services Community & Human Services Operations & Veteran Services Public Services Department Grants County Attorney's Office Public Services Department Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Kristi Sonntag CHS Review Completed 07/10/2023 1:01 PM Kelli Wolin Additional Reviewer Completed 07/10/2023 1:51 PM Tami Bailey Additional Reviewer Completed 07/12/2023 9:06 AM Kim Frazier Additional Reviewer Completed 07/13/2023 5:24 PM Jeff Weir OVS Director Review Completed 07/17/2023 8:20 AM Todd Henry PSD Level 1 Reviewer Completed 07/19/2023 8:08 AM Erica Robinson Level 2 Grants Review Completed 07/26/2023 10:57 AM Derek D. Perry Level 2 Attorney Review Completed 07/26/2023 3:22 PM Tanya Williams PSD Department Head Review Completed 07/31/2023 10:28 AM Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 07/31/2023 11:11 AM Blanca Aquino Luque Additional Reviewer Completed 07/31/2023 11:13 AM Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/01/2023 9:20 AM Dan Rodriguez Level 4 County Manager Review Completed 08/02/2023 9:33 AM Geoffrey Willig Meeting Pending 08/08/2023 9:00 AM Packet Pg. 473 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 Packet Pg. 474 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. 475 (July 2023 – June 2024) CCE 203.23 Page 1 of 60 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. d/b/a AAASWFL and Collier C ounty 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 AAASWFL 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 AAASWFL. 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 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 July 1, 2023, or on the date the contract has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59) P.M., Eastern Standard Time June 30, 2024. 4. Contract Amount: The AAASWFL agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $1,121,000.00, subject to the availability of f unds. 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.), the 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 the AAASWFL and the availability of f unds. 6. Compliance with Federal Law: 6.1 If this contract contains federal funds this section shall apply. 6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations (CFR) Part 75 and/or 45 CFR Part 92, 2 CFR Part 200, and other applicable regulations. 6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act as amended (42 United States Code (U.S.C.) § 7401, et seq.), Section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251, et seq.), Executive Order 11738, as amended, and, where applicable, Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations of the above to the 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 CAO (July 2023 – June 2024) CCE 203.23 Page 2 of 60 Certification and Assurances Attachment, which must be completed and returned to the Contract Manager prior to the execution of this contract. 6.1.4 In accordance with Appendix 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. The 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 w ill be cause for unilateral cancellation of this contract by the 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 fa iling to comply with the filing requirements of the Pension Protection Act of 2006 or for any other reason, the Contractor must notify the 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 the DOEA Contract Manager prior to payment. 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment I, Section III. Method of Payment. 7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. CAO (July 2023 – June 2024) CCE 203.23 Page 3 of 60 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit invoices for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided in this contract. 7.3.6 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in Section 119.011(12), F.S., made or received by the Contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor’s refusal to comply with this provision will constitute an immediate breach of contract for which the 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.C). 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134, F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state AAASWFL. 7.7 The 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. 7.1 The Contractor shall comply with all applicable Florida and federal laws, including but not limited to, Chapters DQG)ORULGD6WDWXWHV 8. Background Screening: The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as they may be amended, are met regarding background screening background screening for all employees, volunteers, and persons seeking employment who are “direct service providers” as that term is defined in Section 430.0402(1)(b) and who are not exempted from Level 2 background screening by Section 430.0402(2). The Contractor and its direct service providers, must also comply with any applicable rules promulgated by the AAASWFL 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 the AAASWFL within thirty (30) days of execution of this contract. Should the AAASWFL have a completed Screening Form on file for the Contractor, CAO (July 2023 – June 2024) CCE 203.23 Page 4 of 60 a new Screening Form shall be submitted to the 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 the AAASWFL’s Contract Manager within thirty (30) days upon notification. 8.1 Further information concerning the procedures for background screening may be found at https://elderaffairs.org/about-us/background-screening 9. Grievance Procedures: The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(s) and to address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor’s determination(s). 10. Public Records and Retention: 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAASWFL to perform the contracted services. 10.1.2 Upon request from the AAASWFL’s custodian of public records, provide the AAASWFL a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the AAASWFL. 10.1.4 Upon completion of the contract, the Contractor w ill either transfer, at no cost to the AAASWFL, all public records in possession of the Contractor to the AAASWFL or will keep and maintain public records required by the AAASWFL. If the Contractor transfers all public records to the 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 the AAASWFL in a format that is compatible with the information technology systems of the AAASWFL. 10.2 The 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 THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 239-652-6900 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Contractor and Subcontractors shall, at no cost to the AAASWFL, transfer all public records in their possession to the 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 the AAASWFL in a format that is compatible with the information technology systems of the AAASWFL. CAO (July 2023 – June 2024) CCE 203.23 Page 5 of 60 11. Audits, Inspections, Investigations: 11.1 The Contractor shall establish and maintain books, records, and documents (including electronic storage media) sufficient to reflect all assets, obligations, unobligated balances, income, interest, and expenditures of funds provided by the 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 the AAASWFL. 11.3 Upon demand, at no additional cost to the 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 the AAASWFL. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the 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 the 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 w ill 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 AAASWFL 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, deta iling 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 AAASWFL 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 CAO (July 2023 – June 2024) CCE 203.23 Page 6 of 60 programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status, or sex. 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete, and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor further assures that all Subcontractors, Vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the any statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that the 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 the AAASWFL: The Contractor shall permit persons duly authorized by the 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 the AAASWFL of the satisfactory performance of the terms and conditions of this contract. Following such review, the 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 the AAASWFL’s Contract Manager. 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 the 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 the AAASWFL, the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, and the Department of Veterans’ Affairs. U pon notification and the subsequent scheduling of such a visit by the designated AAASWFL’s lead administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, and/or investigators. 16. New Contract(s) Reporting: The Contractor shall notify the 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 AAASWFL and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the Contractor shall complete the Contractor’s State Contracts List attached to this contract. 17. Indemnification: The Contractor shall indemnify, save, defend, and hold harmless the AAASWFL and its agents and employees from and against all claims, damages, losses, and expenses including attorney’s fees arising out of or resulting from the execution of this contract or performance of the services provided for herein. It is understood and agreed that the Contractor is not required to indemnify the AAASWFL for claims, demands, actions, or causes of action arising solely out of the negligence of the 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 the AAASWFL and state agencies or subdivisions defined in Section 768.28(2), F.S. CAO (July 2023 – June 2024) CCE 203.23 Page 7 of 60 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 AAASWFL or subdivision as defined by Section 768.28(2), F.S., the Contractor a ccepts full responsibility for identifying and determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor’s liability and obligations under this contract. The Contractor shall ensure that the 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. The 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 the 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 the AAASWFL’s Contract Manager (by telephone) with an email to immediately follow. 21.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (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 the 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 the 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) and the State of Florida, Department of Elder Affairs.” If the sponsorship reference is in written material, the words “State of Florida, Department of Elder Affairs” shall appear in at least the same size letters or type as the name of the organization. 23.2 The Contractor shall not use the words “State of Florida, Department of Elder Affairs” to indicate sponsorship of a program otherwise financed, unless specific written authorization has been obtained by the AAASWFL prior to such use. CAO (July 2023 – June 2024) CCE 203.23 Page 8 of 60 24. Assignments: 24.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written approval of the AAASWFL. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the AAASWFL shall constitute a material breach of the contract. In the event the State of Florida approves assignment of the Contractor’s obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.2 The State of Florida is, at all times, entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental AAASWFL in the State of Florida upon giving prior written notice to the Contractor. 24.3 This contract shall remain binding upon the successors in interest of the Contractor and the AAASWFL. 25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the AAASWFL deems necessary. The Contractor further agrees that the AAASWFL will not be liable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the AAASWFL against any such claims. 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the AAASWFL or other state AAASWFL. Failure to make payments to any Subcontractor in accordance with Section 287.0585, F.S., unless otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty as provided by statute. 26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor and any of its Subcontractors are independent Contractors and are not employees of the AAASWFL, and that they shall not hold themselves out as employees or agents of the AAASWFL without prior specific authorization from the AAASWFL. It is the further intent and understanding of the Parties that the 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. 27. Payment: Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. The DOEA Contract Manager will have final approval of the Contractor’s invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice w ill be submitted to the 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. A Vendor Ombudsman has been established within the Florida Department of Financial Services and may be contacted at 800-342-2762. 28. Return of Funds: The Contractor shall return to the 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 the 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 the AAASWFL. In the event that the AAASWFL first discovers an overpayment has been made, the DOEA Contract Manager 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. 29. Data Integrity and Safeguarding Information: The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor CAO (July 2023 – June 2024) CCE 203.23 Page 9 of 60 employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30. Social Media and Personal Cell Phone use: 30.1 Inappropriate use of social media and personal cell phones may pose risks to 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, 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 or other state business. This contract applies to any DOEA 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 DOEA and Contractors Equipment. This contract applies regardless of whether the social media is accessed using DOEA’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 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 Acc ountability 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 DOEA 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 DOEA with Communications. Contactors may be asked periodically to assist in distributing certain DOEA 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. 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the selection or in the award of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization which employs, or is about to employ, any of the above individuals, has a financial or other interest in the firm being selected for award. The Contractor’s or Subcontractor’s officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Contractors, potential Contractors, or parties to Subcontracts. The Contractor’s board members and management must disclose to the 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. CAO (July 2023 – June 2024) CCE 203.23 Page 10 of 60 32. Public Entity Crime: Pursuant to Section 287.133, F.S., a person or affiliate who has been placed on the C onvicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the Convicted Vendor List. 33. Purchasing: 33.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. 33.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED 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 AAASWFL INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AAASWFL ARE CONCERNED. 33.1.2 Pursuant to sections 413.036(1) and (4), F.S., the Contractor shall not be required to procure a product or service from RESPECT if: (a) the product or service is not available within a reasonable delivery time, (b) the Contractor is required by law to procure the product or service from any AAASWFL of the state, or (c) the Contractor determines that the performance specifications, price, or quality of the product or service is not comparable to the Contractor's requirements. 33.1.3 This act shall have precedence over any law requiring state AAASWFL procurement of products or services from any other nonprofit corporation unless such precedence is waived by the AAASWFL in accordance with its rules. 33.1.4 Additional information about the designated nonprofit AAASWFL and the products it offers is available at http://www.respectofflorida.org. 33.2 The Contractor shall procure any recycled products or materials which are the subject of, or are required to carry out, this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065, F.S. 33.3 The Contractor shall procure products and/or services required to perform this contract in accordance with section 946.515, F.S. 33.3.1 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 AAASWFL INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. 33.3.2 The corporation identified is Prison Rehabilitative I ndustries 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 CAO (July 2023 – June 2024) CCE 203.23 Page 11 of 60 must be forwarded to the AAASWFL, Division of Financial Administration, and must accompany each invoice submitted to the AAASWFL. The Office of Supplier Diversity (850-487-0915) w ill assist in furnishing names of qualified minorities. The AAASWFL’s Minority Coordinator (850-414-2153) w ill assist with questions and answers. The CMBE Report is attached to this contract. 34. Patents, Copyrights, Royalties: If this contract is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract or in any way connected with this contract, or if ownership of any discovery, invention, or copyrightable material was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention, or copyrightable material to the 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. 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 the 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 the DOEA Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the 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 the AAASWFL upon request. The Contractor shall promptly investigate, fully document, and notify the DOEA Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the DOEA Contract Manager. 36.3 The Contractor’s property management standards for equipment (including replacement equipment), whether acquired in whole or in part with federal funds and federally-owned equipment shall, at a minimum, meet the CAO (July 2023 – June 2024) CCE 203.23 Page 12 of 60 following requirements and shall include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government); 36.3.6 Information from which one can calculate the percentage of federal participation in the cost of the equipment (not applicable to equipment furnished by the federal government); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost; and 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding Agency for its share. 36.3.10 A physical inventory must be taken, and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must 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 f unds 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 the AAASWFL or purchased with funds provided through this contract without first obtaining the approval of the DOEA Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the AAASWFL’s Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractor’s proposed disposition of the property (i.e., transfer or donation to another AAASWFL that administers federal programs, offer of the items for sale, destroy the items, etc.). 36.6 The DOEA Contract Manager will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR § 200.313 or 45 CFR § 75.320, as applicable. 36.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of the 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. CAO (July 2023 – June 2024) CCE 203.23 Page 13 of 60 36.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 36.9 The Contractor must adhere to the 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 the AAASWFL upon request. The Contractor has the responsibility to require any Subcontractors to comply with the 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. 38. Use of State Funds to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by the DOEA Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Financial Consequences: If the Contractor fails to meet the minimum level of service or performance identified in this contract, the 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 Leon County, Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the AAASWFL or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Majeure: 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 the AAASWFL’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. CAO (July 2023 – June 2024) CCE 203.23 Page 14 of 60 47. Addition/Deletion: The Parties agree that the 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 the AAASWFL to exercise or enforce any of its rights under this contract w ill not constitute or be deemed a waiver of the 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 the AAASWFL. 50. Final Invoice: The Contractor shall submit the final invoice for payment to the 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 the 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 the 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 the AAASWFL’s operating budget. 52. Suspension of Work: The 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. The 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, the 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. The AAASWFL, by written notice to the Contractor, may terminate this contract in whole or in part when the 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. The 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 CAO (July 2023 – June 2024) CCE 203.23 Page 15 of 60 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 the AAASWFL. The rights and remedies of the 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: The 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. 54.1 The AAASWFL’s authorization pursuant to this section does not authorize electronic transactions between the Contractor and the AAASWFL. The Contractor is authorized to conduct electronic transactions with the AAASWFL only upon further written consent by the AAASWFL. 54.2 Upon request by the AAASWFL, the Contractor shall provide the AAASWFL with non-electronic (paper) copies of records. Non-electronic (paper) copies provided to the 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 Manager: The AAASWFL may substitute any AAASWFL employee to serve as the DOEA Contract Manager. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK CAO (July 2023 – June 2024) CCE 203.23 Page 16 of 60 56. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): a. The Contractor name, as shown on page 1 of this contract, and mailing address of the official payee to whom the payment shall be made is: Collier County Board of County Commissioners 3 E Tamiami Trail Naples, FL 34112 b. The name of the contact person and street address where financial and administrative records are maintained is: Kristi Sonntag, Director&RPPXQLW\ Human Services Collier County Board of County Commissioners 339 E Tamiami Trail, Building H Naples, FL 34112 c. The name, address, and telephone number of the representative of the Contractor responsible for administration of the program under this contract is: .ULVWL6RQQWDJ'LUHFWRU&RPPXQLW\ +XPDQ6HUYLFHV&ROOLHU&RXQW\%RDUG RI&RXQW\&RPPLVVLRQHUV 339 E Tamiami Trail, Building H Naples, FL 34112 239-252-2273 d. The section and location within the AAASWFL where Requests for Payment and Receipt and Expenditure forms are to be mailed is: Area Agencyon Aging for Southwest Florida, Inc. 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 e.The name, address, and telephone number of the Contract Manager for this contract is: Richard Cocchieri, CFO Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave., Suite 112 Fort Myers, FL 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 I – XVIII, 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 sixty (60) page contract to be executed by their undersigned officials as duly authorized. Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 DUNS: 076997790 As designee of the County Manager, pursuant to Resolution No. 2018-202.Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney ved aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaas s tooooooooooooooooooooooooooooooooooooooooooooo Form and Legality: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ D.PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPerryryrrrryrrrrryrrrrrrrrrrrr ant County Attorney CONTRACTOR: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: SIGNED BY:_______________________________ NAME: NAME: MARICELA MORADO TITLE: TITLE: CEO/PRESIDENT DATE: DATE:_____________________________________ 7$1<$5:,//,$06 38%/,&6(59,&('(3$570(17+($' CAO 07.12.2307/11/2023 WilliamsT anya Digitally signed by WilliamsTanya Date: 2023.07.11 09:36:00 -04'00' Maricela Morado Digitally signed by Maricela Morado Date: 2023.07.12 08:18:46 -04'00' (July 2023 – June 2024) CCE 203.23 Page 17 of 60 INDEX OF ATTACHMENTS ATTACHMENT I ............................................................................................................................................... 18 STATEMENT OF WORK .................................................................................................................................. 18 ATTACHMENT II ............................................................................................................................................. 33 FINANCIAL AND COMPLIANCE AUDIT ...................................................................................................... 33 EXHIBIT 1......................................................................................................................................................... 36 EXHIBIT 2......................................................................................................................................................... 38 ATTACHMENT III ............................................................................................................................................ 39 CERTIFICATIONS AND ASSURANCES ......................................................................................................... 39 ATTACHMENT IV ............................................................................................................................................ 44 ASSURANCES—NON-CONSTRUCTION PROGRAMS .................................................................................. 44 ATTACHMENT V.............................................................................................................................................. 46 FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST ................. 46 INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST .................................................... 48 ATTACHMENT VI ............................................................................................................................................ 50 CONTRACTOR’S STATE CONTRACT LIST ................................................................................................... 50 ATTACHMENT VII .......................................................................................................................................... 51 BACKGROUND SCREENING ......................................................................................................................... 51 ATTACHMENT VIII ......................................................................................................................................... 52 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) ...................... 52 ATTACHMENT IX ............................................................................................................................................ 54 ANNUAL BUDGET SUMMARY ....................................................................................................................... 54 ATTACHMENT X.............................................................................................................................................. 55 INVOICE REPORT SCHEDULE ..................................................................................................................... 55 ATTACHMENT XI ............................................................................................................................................ 56 REQUEST FOR PAYMENT.............................................................................................................................. 56 ATTACHMENT XII .......................................................................................................................................... 57 RECEIPT AND EXPENDITURE REPORT ...................................................................................................... 57 ATTACHMENT XIII ......................................................................................................................................... 58 COST REIMBURSEMENT SUMMARY............................................................................................................ 58 ATTACHMENT XIV ......................................................................................................................................... 59 SERVICE RATE REPORT ................................................................................................................................ 59 ATTACHMENT XV........................................................................................................................................... 60 SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM..................................... 60 CAO (July 2023 – June 2024) CCE 203.23 Page 18 of 60 ATTACHMENT I STATEMENT OF WORK I.SERVICES TO BE PROVIDED A. Definitions of Terms 1. Contract Acronyms Activities of Daily Living (ADLs) Area Agency on Aging (AAA) Access Priority Consumer List (APCL) Adult Protective Services (APS) Adult Protective Services Referral Tracking Tool (ARTT) Code of Federal Regulations (CFR) Corrective Action Plan (CAP) Community Care for the Disabled Adult (CCDA) Community Care for the Elderly (CCE) Enterprise Client Information and Registration Tracking System (eCIRTS) Department of Children and Families (DCF) Florida Administrative Code (F.A.C.) Florida Department of Elder Affairs (DOEA or Department) Florida Statutes (F.S.) Home Care for Disabled Adults (HCDA) Instrumental Activities of Daily Living (IADLs) Notice of Instruction (NOI) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) 2. Program Specific Terms Administrative Funding: Contract dollars that are allocated to support the Contractor’s expenses incurred in the management and operation of the CCE Program, as stipulated in this contract. Adult Protective Services Referral Tracking Tool (ARTT): A system designed to track DCF APS referrals to AAAs and CCE Lead Agencies for victims of second party abuse, neglect, and exploitation who need home and community-based services as identified by APS staff. Aging Out: The condition of reaching sixty (60) years of age and being transitioned from DCF’s CCDA or HCDA services to DOEA’s community-based services. Area Plan: A plan developed by the Contractor outlining a comprehensive and coordinated service delivery system in its PSA in accordance with Section 306 of the Older Americans Act (42 U.S.C. § 3026) and AAASWFL instructions. The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the Contractor enters CCE-specific data in the eCIRTS. An update may also include other revisions to the Area Plan as instructed by the DOEA. Department of Elder Affairs Programs and Services Handbook (DOEA Handbook): An official document of DOEA. The DOEA Handbook includes program policies, procedures, and standards applicable to agencies that receive funding from DOEA-funded programs or provide program-funded services. An annual update is provided through a NOI.CAO (July 2023 – June 2024) CCE 203.23 Page 19 of 60 Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain living independently in the least restrictive living arrangement. Lead Agency: An agency designated by the AAA at least every six (6) years through competitive procurement which provides case management to all CCE clients and ensures service integration and coordination of service providers within the community care service system. NOI: DOEA’s established method to communicate to the Contractor and subcontractor the requirements to perform specific tasks or activities in a particular manner. NOIs are located on the DOEA website at https://elderaffairs.org/news-events/ Program Highlights: Success stories, quotes, testimonials, or human-interest vignettes that are used in the SOPS to demonstrate how programs and services help elders, families, and caregivers. Summary of Programs and Services (SOPS): A document produced by DOEA and updated yearly to provide the public and the Legislature with information about programs and services for Florida’s elders. Vulnerable Adult in Need of Services: A vulnerable adult who has been determined by a protective investigator to be suffering from the ill effects of neglect not caused by a sec ond party perpetrator and is in need of protective services or other services to prevent further harm. B. General Description 1. General Statement The primary purpose of the CCE Program is to prevent, decrease, or delay premature or inappropriate and expensive placement of elders in nursing homes and other institutions. 2. Community Care for the Elderly Mission Statement The CCE Program assists functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community-based services. The program provides a continuum of care so that functionally impaired elderly persons age sixty (60) and older may be assured the least restrictive environment suitable to their needs. 3. Authority The relevant authority governing the CCE Program includes: a.Sections 430.201-430.207, F.S.; b.Chapter 58C-1, F.A.C.; and c.The Catalog of State Financial Assistance (CSFA) Number 65.010. 4. Scope of Service The Contractor is responsible for the programmatic, fiscal, and operational management of the CCE Program. The program services shall be provided in a manner consistent with the AAASWFL current Area Plan, as updated, and the current DOEA Handbook, which are hereby incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOEA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOI. 5. Major Program Goals The major goals of the CCE Program are to preserve the independence of elders and prevent or delay costlier institutional care through a community care service system that provides case management and other in-home and community services as needed under the direction of a lead agency, and to provide a continuum of service alternatives that meets the diverse needs of functionally-impaired elders. CAO (July 2023 – June 2024) CCE 203.23 Page 20 of 60 C. Clients to be Served 1. General Description The CCE Program provides a continuum of services for functionally-impaired elders age sixty (60) and older. 2. Client Eligibility To receive services under this contract, an applicant must: a.Be at least sixty (60) years of age and be functionally impaired pursuant to Section 430.203(7), F.S., as determined through the functional assessment and at least an annual reassessment; or b.Be aging out as defined in Section I.A.2. of this contract. c.Clients cannot be dually enrolled in the CCE Program and a Medicaid-capitated long-term care program. 3. Targeted Groups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an institution or who are abused, neglected, or exploited. 4. Client Determination The AAASWFL & DOEA shall have final authority for the determination of client eligibility. II.MANNER OF SERVICE PROVISION A. Service Tasks To achieve the goals of the CCE Program, the Contractor shall perform, or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in Section I.C.2. 2. Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients for service delivery in the sequence below. It is not the intent of the AAASWFL & DOEA to remove existing clients from services to serve new clients being assessed and prioritized for service delivery. a.DCF APS High Risk individuals: The Contractor shall ensure that pursuant to Section 430.205(5)(a), F.S., those elderly persons who are determined by DCF APS to be vulnerable adults in need of services, pursuant to Section 415.104(3)(b), or to be victims of abuse, neglect, or exploitation who need immediate services to prevent further harm, and are referred by APS, shall be given primary consideration for receiving CCE services. As used in this subsection, "primary consideration" means that an assessment and services must commence within seventy-two (72) hours after referral to the AAASWFL or as established in accordance with local protocols developed between AAASWFL service contractors and APS. The Contractor shall follow guidelines for DCF APS High Risk referrals established in the APS Operations Manual, which is incorporated by reference. b.For DCF APS Low, Intermediate, and High-Risk Referrals for individuals enrolled in a Medicaid long- term care program at the time of referral to the Contractor or subcontractor, the Contractor shall: i.Ensure that the intake entity contacts and notifies the DCF APS protective investigator that the referral was not accepted because the referred individual is enrolled in a Medicaid long-term care program; and ii.Ensure that the intake entity notes that the referred individual is enrolled in a Medicaid long-term care program in the ARTT as the reason for rejection. c.Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self-care is not possible, there is no capable caregiver, and nursing home placement is likely within one (1) month or very likely within three (3) months. CAO (July 2023 – June 2024) CCE 203.23 Page 21 of 60 d.Aging Out individuals: Individuals receiving CCDA and HCDA services through DCF’s Adult Services transitioning to community-based services provided through the AAASWFL when DCF’s services are not currently available. e.Service priority for individuals not included in a., c., or d. above, regardless of referral source, will be determined through the AAASWFL ’s functional assessment administered to each applicant, to the extent funding is available. The Contractor shall ensure that priority is given to applicants at the higher levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 3. Referrals for Medicaid Waiver Services a.The Contractor must require subcontractors, through the performance of the client assessment, to identify potential Medicaid eligible CCE clients and to refer these individuals for application for Medicaid Waiver services. b.The Contractor must require individuals who have been identified as being potentially Medicaid Waiver eligible to apply for Medicaid Waiver services to receive community-based services. These individuals may only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the client is found ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, then the individual may continue to receive CCE services. c.The Contractor must advise individuals who have been identified as being potentially Medicaid Waiver eligible of the responsibility to apply for Medicaid Waiver services as a c ondition of receiving CCE services while the eligibility determination is being processed. 4. Program Services The AAASWFL shall ensure the provision of program services is consistent with the current Area Plan, as updated and approved by the DOEA, and the current DOEA Handbook. B. Use of Subcontractors If this contract involves the use of a subcontractor or third party, then the Contractor shall not delay the implementation of its agreement with the subcontractor. If any circumstance occurs that may result in a delay for a period of sixty (60) days or more of the initiation of the subcontract or the performance of the subcontractor, the Contractor shall notify the AAASWFL ’s Contract Manager and the AAASWFL ’s Chief Financial Officer in writing of such delay. The Contractor shall not permit a subcontractor to perform services related to this Contract without having a binding subcontractor agreement executed before the subcontractor performs such services. The AAASWFL will not be responsible or liable for any obligations or claims resulting from such action. 1. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the AAASWFL ’s Contract Manager within thirty (30) days of the subcontract being executed. 2. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per year, each of its subcontractors, 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. 3. Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor monitoring reports to the AAASWFL ’s Contract Manager within thirty (30) days of the report being issued to the subcontractors, subrecipients, vendors, and/or consultants. CAO (July 2023 – June 2024) CCE 203.23 Page 22 of 60 C. Staffing Requirements 1. Staffing Levels The Contractor shall dedicate its own staff as necessary to meet the obligations of this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time. D. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1. Delivery of Service to Eligible Clients The Contractor shall ensure the provision of a continuum of services that meets the diverse, individual, and assessed needs of each functionally-impaired elder. The Contractor shall ensure that performance and reporting of the following services are in accordance with the AAASWFL current DOEA-approved Area Plan, the current DOEA Handbook, and Section II.A.1.-4., of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: a. Core Services for Programmatic Operation The Contractor shall ensure that core services include a variety of home-delivered services, day care services, and other basic services that are most needed to prevent unnecessary institutionalization. The Contractor shall not directly provide core services to clients. Core services, to be provided at the unit rate identified in the Contractor’s Area Plan, as updated, include the following: (1)Adult Day Care; (2)Assurance (Telephone and In-Person); (3)Case Aide; (4)Case Management; (5)Chore Services; (6)Companionship; (7)Escort; (8)Financial Risk Reduction; (9)Home Delivered Meals; (10)Homemaker; (11)Housing Improvement; (12)Legal Assistance; (13)Pest Control Services; (14)Respite Services; (15)Shopping Assistance; and (16)Transportation. b. Health Maintenance Services The Contractor shall ensure that health maintenance services are made available as necessary to help maintain the health of functionally-impaired elders. These services are limited to medical therapeutic services and non-medical prevention services. Typical services to be provided at the unit rate identified in the Contractor’s Area Plan, as updated, include the following: CAO (July 2023 – June 2024) CCE 203.23 Page 23 of 60 (1)Adult Day Health Care; (2)Emergency Alert Response; (3)Gerontological Counseling; (4)Health Support; (5)Home Health Aide; (6)Medication Management; (7)Mental Health Counseling/Screening; (8)Nutrition Counseling; (9)Nutrition Education; (10)Occupational Therapy; (11)Personal Care; (12)Physical Therapy; (13)Skilled Nursing Services; (14)Specialized Medical Equipment, Services, and Supplies; and (15)Speech Therapy. c. Other Support Services The Contractor shall ensure that support services expand the continuum of care options to assist functionally-impaired elders and their caregivers. Support services to be provided at the unit rate identified in the Contractor’s Area Plan, as updated, include the following: (1)Caregiver Training/Support; (2)Congregate Meals; (3)Congregate Meals Screening; (4)Education/Training Services; (5)Information; (6)Intake; (7)Interpreting/Translating; (8)Material Aid; (9)Outreach; (10)Pest Control Services; (11)Recreation; (12)Referral/Assistance; and (13)Other services, as approved by the AAASWFL . 2. Service Units The Contractor shall ensure that the provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II.A. Attachment XIV, Service Rate Report, lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Contractor’s Area Plan as updated, as shown in Attachment XIV, and approved by the AAASWFL . 3. Administrative Responsibilities The AAASWFL shall provide management and oversight of CCE Program operations in accordance with the current DOEA Handbook and the DOEA-approved Contractor’s Area Plan and Cost Analysis. Management and oversight of CCE Program operations include the following: a.Developing a competitive solicitation process for allocation of CCE funds, including appeal procedures for handling disputes involving the Lead Agency; b.Developing an Area Plan and updating it annually, at a minimum, as directed by the DOEA; c.Designating appropriate and capable Lead Agencies and establishing vendor agreements at the AAA level, when applicable for Lead Agency and CCE services according to manuals, rules, and agreement procedures of DOEA; d.Providing technical assistance and training to Lead Agencies, subcontractors, and vendors to ensure provision of quality services;CAO (July 2023 – June 2024) CCE 203.23 Page 24 of 60 e.Monitoring and evaluating Lead Agencies, subcontractors, and vendors for fiscal, administrative, and programmatic compliance; f.Appropriately and timely submitting payments to subcontractors; g.Arranging in-service training for Lead Agencies at least annually; h.Establishing procedures for handling recipient complaints and ensuring that subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services, Contractor and direct service worker complaints, and any other issues related to complaints (other than termination, suspension or reduction in services) that require the grievance process as described in Appendix D of the current DOEA Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date, nature of complaint, and the determination of each complaint; i.Ensuring compliance with eCIRTS regulations; j.Monitoring performance objective achievements in accordance with targets set by the DOEA ; and k.Conducting annual client satisfaction surveys to evaluate and improve service delivery. E. Reports The Contractor shall respond within ten (10) business days, or within deadlines established by the AAASWFL, to the AAASWFL’s request for routine and/or special requests for information and ad hoc reports. The Contractor must establish due dates for any subcontractors that permit the Contractor to meet the AAASWFL’s reporting requirements. 1. Area Plan Update and All Revisions Thereto The AAASWFL is required to submit an Area Plan and an annual update to enter CCE-specific data in the eCIRTS. The AAASWFL may also be required to submit revisions to the Area Plan as instructed by the DOEA. 2. eCIRTS Reports The Contractor shall ensure timely input of CCE-specific data into e CIRTS. To ensure eCIRTS data accuracy, the Contractor shall use eCIRTS-generated reports which include the following: a.Client Reports; b.Monitoring Reports; c.Services Reports; d.Miscellaneous Reports; e.Fiscal Reports; f.Aging and Disability Resource Center Reports; and g.Outcome Measurement Reports. 3. Unit Cost Methodologies The Contractor shall submit Unit Cost Methodologies annually on March 15th and September 15th, which reflect the costs of providing each service by program. 4. Surplus/Deficit Reports The Contractor shall submit a Consolidated Surplus/Deficit Report, in a format provided by the AAASWFL, to the AAASWFL’s Contract Manager by the 18th of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the AAASWFL and must include the following: a.A list of all subcontractors and their current status regarding surplus/deficit; b.The Contractor’s detailed plan on how the surplus/deficit spending exceeding the threshold specified by the AAASWFL will be resolved; c.Recommendations to transfer funds within the PSA or to other AAAs to resolve surplus/deficit spending; CAO (July 2023 – June 2024) CCE 203.23 Page 25 of 60 d.Input from the Contractor’s Board of Directors on resolution of spending issues, if applicable; e.Number of clients currently on the APCL that receive a priority ranking score of 4 or 5; and f.Number of clients currently on the APCL designated as Imminent Risk. 5. Cost Analysis The AAASWFL shall submit a completed DOEA Cost Analysis for Non-Competitively Procured Contracts in Excess of Category II to the DOEA Contract Manager by June 30th of each year. 6. Co-Pay Collections Report The Contractor shall submit a consolidated annual co-payment collections report to the AAASWFL’s Contract Manager by July 25, 2023, using Attachment 5, located in Appendix B of the current DOEA Handbook. 7. Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2022- 2023 by August 30, 2023. The Contractor shall provide a new success story, quote, testimonial, or human- interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting them to the AAASWFL. These Program Highlights shall be prepared in accordance with section 19 of the contract and may not contain any information concerning a recipient of services under this contract except with the recipient’s written consent. F. Records and Documentation 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment (Attachment XI) that shall be available to the AAASWFL or authorized individuals, such as the DOEA or DFS. 2. eCIRTS Data and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in eCIRTS or any such system designated by the AAASWFL. 3. eCIRTS Address Validation The Contractor shall work with the AAASWFL to ensure client addresses are correct in eCIRTS for disaster preparedness efforts. At least annually, and more frequently as needed, the AAASWFL will provide direction on how to validate eCIRTS addresses to ensure these can be mapped. The Contractor will receive a list of unmatched addresses that cannot be mapped and the Contractor w ill be res ponsible for working with the Lead Agencies to correct addresses, and send a list to the AAASWFL with confirmed addresses. The AAASWFL will use this information to update maps, client rosters, and unmatched addresses to disseminate to the Lead Agencies. 4. Data Integrity and Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. A copy of the backed-up data shall be stored in a secure, offsite location. 5. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the AAASWFL upon request. CAO (July 2023 – June 2024) CCE 203.23 Page 26 of 60 G. Performance Specifications 1. Outcomes and Outputs (Performance Measures) The Contractor must: a.Ensure the prioritization of clients and provision of services to clients in accordance with Section II.A.2. of this contract; b.Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section II.A.1.-4 and Section II.D.1.-3. of this contract; c.Timely and accurately submit to the AAASWFL all required documentation and reports described in Section II.E.; d.Timely and accurately submit to the AAASWFL Attachments XI, XII, and XIII, and supporting documentation, in accordance with Attachment X, Invoice Report Schedule; and e.Develop and document strategies in the Area Plan to support the AAASWFL’s standard of performance achievement, including increases for the following: i.Percentage of most frail elders who remain at home or in the community instead of going into a nursing home; ii.Percentage of active clients eating two or more meals per day; iii.Percentage of new service recipients whose ADL assessment score has been maintained or improved; iv.Percentage of new service recipients whose IADL assessment score has been maintained or improved; v.After service intervention, the percentage of caregivers who self-report being very confident about their ability to continue to provide care; vi.Percentage of clients who are at imminent risk of nursing home placement who are served with community-based services; vii.Percentage of APS referrals who need immediate services to prevent further harm who are served within seventy-two (72) hours; and viii.Percentage of elders assessed with high or moderate risk environments who improved their environment score. 2.The Contractor’s performance of the measures in Section II.G.1. above w ill be reviewed and documented in the AAASWFL’s Annual Programmatic Monitoring Report. 3. Monitoring and Evaluation Methodology The AAASWFL will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or on-site visit(s). The primary, secondary, or signatory of the contract must be available for any on-site programmatic monitoring visit. The AAASWFL’s determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the AAASWFL in monitoring the progress of completion of the service tasks and deliverables. The 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; CAO (July 2023 – June 2024) CCE 203.23 Page 27 of 60 h.Agreed-upon procedures review by an external auditor or consultant; i.Limited-scope reviews; and j.Other procedures as deemed necessary by the AAASWFL. H. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and are tasks and deliverables for which, by execution of this contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of this contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. I. AAASWFL Responsibilities 1. AAASWFL Obligations The AAASWFL may, within its resources, provide technical support and/or assistance to the Contractor to assist the Contractor in meeting the requirements of this contract. The AAASWFL’s technical support and/or assistance, or lack thereof, shall not relieve the Contractor from full performance of contract requirements. 2. AAASWFL Determinations The AAASWFL reserves the exclusive right to make certain determinations in the tasks and approaches used to perform tasks required by this contract. The absence of the AAASWFL setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. III.METHOD OF PAYMENT A. Payment Methods Used The method of payment for this contract is a combination of fixed-fee/unit rate, cost reimbursement, and advance payments, subject to the availability of f unds and Contractor performance. The AAASWFL will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section II.D., and in accordance with other terms and conditions of this contract. 1. Fixed Fee/Unit Rate Payment for Fixed Fee/Unit Rates shall not exceed amounts established in the Service Rate Report (Attachment XIV) per unit of service. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in the Service Rate Report (Attachment XIV). All Cost Reimbursement Requests for Payment must include a Receipt and Expenditure Report (Attachment XII) as well as a Cost Reimbursement Summary form (Attachment XIII), beginning with the first month of this contract. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form (Attachment XIII) and include only items contained on the Contractor’s Cost Analysis form. The AAASWFL reserves the right to review supporting documentation for any cost reimbursement requests. 3. Advance Payments The Contractor may request up to two (2) months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the AAASWFL by the State of Florida (budget release). The Contractor’s requests for advance payments require the written approval of the AAASWFL’s Contract Manager. For the first month’s advance request, the Contractor shall provide to the AAASWFL’s Contract Manager documentation justifying the need for an advance and describing how the funds w ill be distributed. If the Contractor is requesting twoCAO (July 2023 – June 2024) CCE 203.23 Page 28 of 60 (2) months of advances, documentation must be provided reflecting the cash needs of the Contractor within the initial two (2) months and should be supported through a cash-flow analysis or other information appropriate to demonstrate the Contractor’s financial need for the second month of advances. The Contractor must also describe how the funds w ill be distributed for the first and sec ond month. If sufficient budget is available, and the AAASWFL’s Contract Manager, in his or her sole discretion, has determined that there is justified need for an advance, the AAASWFL will issue approved advance payments after July 1st of the contract year. a.Any advance payments the Contractor requests for subcontractors must be distributed within seven (7) days of receipt of payment from the AAASWFL. The Contractor shall submit to the AAASWFL documentation to support full distribution of advanced funds with Report Number 5, due to the AAASWFL on October 11, 2023, in accordance with the Invoice Report Schedule (Attachment X). b.All advance payments retained by the Contractor must be fully expended no later than September 30, 2023. Any portion of advance payments not expended must be recouped on the Request for Payment (Attachment XI), Report Number 5, due to the AAASWFL on October 11, 2023, in accordance with the Invoice Report Schedule (Attachment X). c.All advance payments made to the Contractor shall be reimbursed to the AAASWFL as follows: At least one–tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment (Attachment XI), starting with Report Number 5, in accordance with the Invoice Report Schedule (Attachment X). B. Funding Distribution The Contractor agrees to distribute funds as detailed in the Annual Budget Summary (Attachment IX). Any changes in the total amounts of the funds identified on the Annual Budget Summary form require a contract amendment. C. Method of Invoice Payment Payment shall be made upon the Contractor’s presentation of an invoice subsequent to the acceptance and approval by the AAASWFL of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1.Have a Remittance Address that corresponds exactly to the “Remit To” address provided to MyFloridaMarketPlace (MFMP) during registration; 2.Request payment monthly for the units of services established in the Contractor’s approved Area Plan, provided in conformance with the requirements as described in the current DOEA Handbook, at the rates established in the Service Rate Report (Attachment XIV) of the contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form (Attachment XIII) and include only items contained on the Contractor’s Cost Analysis form. Any requested changes to the approved budget subsequent to the execution of this contract must be submitted to the AAASWFL’s Contract Manager for written approval. Any change to the total contract amount requires a formal contract amendment; 3.The Contractor shall consolidate all subcontractors’ Requests for Payment and Expenditure Reports that support Requests for Payment and shall submit the consolidated information to the AAASWFL using forms Request for Payment (Attachment XI), Receipt and Expenditure Report (Attachment XII), and Cost Reimbursement Summary (Attachment XIII) for services and administrative expenses, which must include itemized expenditure categories; and 4.All Requests for Payment shall be based on the submission of monthly Receipt and Expenditure Reports beginning with the first month of this contract. The schedule for submission of advance requests (when available) and invoices is set forth in the Invoice Report Schedule (Attachment X). D. Payment Withholding Any payment due by the AAASWFL under the terms of this contract may be withheld pending the receipt and approval by the AAASWFL of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved. E. Final Invoice Instructions CAO (July 2023 – June 2024) CCE 203.23 Page 29 of 60 The Contractor shall submit the final Request for Payment to the AAASWFL no later than July 25, 2024. F. eCIRTS Data Entries for Subcontractors The Contractor shall require subcontractors to enter all required data for clients and services in the eCIRTS database in accordance with the current DOEA Handbook and the e CIRTS User Manual – Aging Provider Network users (located in Documents on the eCIRTS Enterprise Application Services). Subcontractors must enter this data into the eCIRTS prior to submitting their Requests for Payment and Expenditure Reports to the Contractor. The Contractor shall establish deadlines for completing eCIRTS data entry and ensure compliance with due dates for the Requests for Payment and Receipt and Expenditure reports that Contractor must submit to the AAASWFL. G. Subcontractors’ Monthly eCIRTS Reports The Contractor shall require subcontractors to run monthly eCIRTS reports and to verify that client and service data in the eCIRTS is accurate. This report must be submitted to the Contractor with the monthly Request for Payment and Receipt and Expenditure Report and must be reviewed by the Contractor before the subcontractor’s Request for Payment and Receipt and Expenditure Reports can be approved by the Contractor. H. Corrective Action Plan 1.Contractor shall ensure one hundred percent (100%) of the deliverables identified in Section II.D.1.-3. of this contract are performed pursuant to contract requirements. 2.If at any time the Contractor is notified by the AAASWFL’s Contract Manager that it has failed to correctly, completely, and/or adequately perform contract deliverables identified in Section II.D.1.-3. of this contract, the Contractor will have ten (10) days to submit a CAP to the AAASWFL’s Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the AAASWFL’s Contract Manager. The AAASWFL shall assess a Financial Consequence for Non-Compliance on the Contractor as referenced in Section III.I. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The AAASWFL will also assess a financial consequence for failure to timely submit a CAP. 3.If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, the AAASWFL shall deduct the percentage established in Section III.I. of this contract from the payment for the invoice of the following month. 4.If the Contractor fails to timely submit a CAP, the AAASWFL shall deduct the percentage established in Section III.I. of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. I. Financial Consequences The AAASWFL will wit hhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the AAASWFL according to the requirements referenced in Section II.D. of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in Section II.D. of this contract: 1.Delivery of services to eligible clients as referenced in Section II.A.1.-2. and Section II.D.1 of this contract – Failure to comply with established assessment and prioritization criteria, as evidenced by eCIRTS reports, will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begin on the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.H.; 2.Services and units of services as referenced in Section II.D.2. of this contract – Failure to provide services in accordance with the current DOEA Handbook, the service tasks described in Section II.A., and the Service Rate Report (Attachment XIV), and/or failure to submit required documentation will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begin the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency is not cured or satisfactorily addressed in accordance with the AAASWFL approved CAP, referenced in Section III.H.; 3.Administrative duties as referenced in Section II.D.3. of this contract – Failure to perform management and oversight of CCE Program operations will result in a two percent (2%) reduction of payment per business day. CAO (July 2023 – June 2024) CCE 203.23 Page 30 of 60 The reduction of payment will begin the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.H.; 4.Timely submission of a CAP – Failure to timely submit a CAP within ten (10) business days after notification of a deficiency by the AAASWFL’s Contract Manager will result in a two percent (2%) reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.H. IV.SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the AAASWFL’s Contract Manager in writing no later than June 30, 2024; email requests are considered acceptable. B. Contractor’s Financial Obligations 1. Matching, Level of Effort, and Earmarking Requirement The Contractor must provide a match of at least ten percent (10%) of the cost for all CCE services. The match must be made in the form of cash and/or in-kind resources. At the end of the contract period, all CCE funds expended must be properly matched. State funds shall not be used to match another state-funded program. 2. Cost Sharing and Co-Payments Pursuant to Section 430.204(8), F.S., and Rule 58C-1.007, F.A.C., the dollar amount for co-payments associated with CCE must be calculated by applying the current federal poverty guidelines published by the U.S. Department of Health and Human Services. a.No co-payments will be assessed on a client whose income is at, or below, the federal poverty level (FPL) as established each year by the U.S. Department of Health and Human Services. b.No client may have their services terminated for inability to pay their assessed co-payment. The Contractor, in conjunction with provider agencies, must establish procedures to remedy financial hardships associated with co-payments and ensure there is no interruption in service(s) for inability to pay. If a client’s co- payment is reduced or waived entirely, a written explanation for the change must be placed in the client file. c.Co-payments include only the amounts assessed to consumers by subcontractors or the amounts consumers opt to contribute in lieu of an assessed co-payment. The consumer’s contribution must be equal to or greater than the assessed co-payment. Co-payments collected in the CCE Program can be used as part of the local match, as detailed above in Section IV.B.1. 3. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the AAASWFL for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner as to avoid having a wait list and a surplus of funds at the end of the contract period. If the AAASWFL determines that the Contractor is not spending service funds accordingly, the AAASWFL may transfer funds to other AAAs during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 4. Contract Limits In no case shall the Contractor be required to incur costs in excess of the contract amount in providing services to clients. CAO (July 2023 – June 2024) CCE 203.23 Page 31 of 60 C. Remedies for Nonconforming Services 1.The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely, and commensurate with required standards of quality. Such goods and/or services w ill only be delivered to eligible program participants. 2.If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services not meeting such standards will not be reimbursed under this contract. The Contractor’s signature on the Request for Payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. The AAASWFL requires immediate notice of any significant and/or systemic infractions that compromise the quality, security, or continuity of services to clients. D. Incident Reporting The Contractor shall notify the AAASWFL immediately but no later than forty-eight (48) hours from the Contractor’s awareness or discovery of changes that may materially affect the Contractor or any subcontractor’s ability to perform the services required to be performed under this contract and in authorizing proviso. Such notice shall be made orally to the AAASWFL’s Contract Manager (by telephone) with an email to immediately follow, including the Contractor’s plan for provision of services authorized in proviso. E. Investigation of Criminal Allegations Any report that contains allegations of criminal violations on the part of the Contractor or any Subcontractors and that is referred to a governmental or investigatory agency must be sent to the AAASWFL. If the Contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney’s office, or other governmental agency, the Contractor shall notify the Inspector General at the AAASWFL immediately. A copy of all documents, reports, notes, or other written material concerning the investigation, whether in the possession of the Contractor or Subcontractors, must be sent to the AAASWFL. F. Volunteers The Contractor shall ensure the use of trained volunteers in providing direct se rvices delivered to older individuals and individuals with disabilities needing such services. If possible, the Contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as the Senior Community Service Employment Program or organizations carrying out federal service programs administered by the Corporation for National and Community Service). G. Enforcement 1.In accordance with Section 430.04, F.S., the AAASWFL shall rescind designation or take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the AAASWFL, placement on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the AAASWFL finds that any of the following have occurred: a.An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of an aging services program; b.The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual f unds have been misappropriated; c.The Contractor has committed multiple or repeated violations of legal and regulatory requirements or AAASWFL standards; d.The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; e.The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with the AAASWFL or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the AAASWFL; CAO (July 2023 – June 2024) CCE 203.23 Page 32 of 60 f.The Contractor has failed to properly determine client eligibility as defined by the AAASWFL or efficiently manage program budgets; or g.The Contractor has failed to implement and maintain a AAASWFL-approved client grievance resolution procedure. 2.In making any determination under this provision, the AAASWFL may rely upon findings of another state or federal agency or other regulatory body. Any claims for damages for breach of contract are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Leon County, Florida. In the event the AAASWFL initiates action to rescind an area agency on aging designation, the AAASWFL shall follow the procedures set forth in 42 U.S.C. § 3025(b). H. Contract Modifications The AAASWFL’s Contract Manager has the authority to modify and/or extend deliverable deadlines. All deliverable extension requests must be made to the AAASWFL’s Contract Manager, in writing, prior to the required deadline. All approvals for deliverable extensions must be communicated, in writing, by the AAASWFL’s Contract Manager to the Contractor and are subject to the discretion of the AAASWFL’s Contract Manager. The requests and the approval must occur prior to the established deadline. An e-mail writing (request and response) is considered acceptable. I. Rate Increase Thresholds 1.For Service Provider 3URSRVHG5DWH,QFUHDVHVXSWRௗ a.Service Provider rate increase requests received by the Department of Elder Affairs (DOEA) from an Area Agency on Aging (AAA) that are up to 5.0% above rate at time of contract execution are not required to EHUHYLHZHGDQGDSSURYHGE\WKH'2($ௗ7KH$$$VVKDOOIROORZ WKHLUH[LVWLQJDJHQF\UDWHUeview and DSSURYDOSURFHVVZKLFKDWDPLQLPXP VKDOOLQFOXGHௗ i.A detailed written justification from the Service Provider describing the reason(s) for the interim rate DGMXVWPHQWௗ7KLVH[SODQDWLRQVKDOOLQFOXGHDGHWDLOHGDVVHVVPH QWRISRWHQWLDORUJDQL]Dtional and client LPSDFWௗ7KHZULWWHQMXVWLILFDWLRQ VKDOOSURYLGHVXIILFLHQWGHWDLOIRUWKH$$$WRUHYLHZLGHQWLI\LQJ WKH VHUYLFHRUFRPPRGLW\ FRPSRQHQWVWKDWDUHLQFUHDVLQJ6HUYLFH3 URYLGHUFRVWV ii.A current rate and a requested rate unit cost methodology. (Attachment XV) 2.For Service Provider 3URSRVHG5DWH,QFUHDVHV([FHHGLQJௗ a.For Service Provider proposed rate increases of 5.01% or greater, the requirements detailed in i. and ii. DERYHVKDOODSSO\3/86VHFWLRQVLEHORZ i.Service Provider Proposed Rate Increases of 5.01% or greater must be reviewed and approved by '2($ௗ7KH$$$VVKRXOG IRUZDUGDOO VXFKUHTXHVWVWR WKHLU &RQWU DFW0DQDJHUDQGSURYLGH WKH IROORZLQJ DGGLWLRQDO LQIRUPDWLRQௗ (1)The Service Provider must also provide in their written justification, reassurance that all other potential options to procure alternate suppliers, subcontractors, or other potential cost-efficiencies WKDWFRXOGUHGXFHWKHSURSRVHGUDWHLQFUHDVHRIRUJUHDWH UKDYHEHHQH[SORUHGDQGUHMHFWHG (2)ContUDFW0DQDJHUVPD\UHTXHVWDGGLWLRQDO LQIRUPDWLRQ IURPWKH6HUYLFH3URYLGHUYLDWKH$$$ௗ Following DOEA’s review/decision, the DOEA Contract Manager shall notify the AAA via email RIDSSURYDOGLVDSSURYDO DQGWKH$$$VKDOOSURFHHGDFFRUGLQJO\ 3.No Service Provider rate shall be increased before October 1, 2023. 4.Note: All rate increase thresholds mentioned in the above language is cumulative from Service Providers’ rates at the time of contract execution. END OF ATTACHMENT CAO (July 2023 – June 2024) CCE 203.23 Page 33 of 60 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the AAASWFL to the Contractor may be subject to audits and/or monitoring by the AAASWFL, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200 (formerly OMB Circular A-133 as revised), and Section 215.97, F.S., (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by the AAASWFL staff, limited scope audits and/or other procedures. By entering into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the AAASWFL. In the event the AAASWFL determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the 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 the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200, Subpart A. In the event that the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the 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 the 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 the Auditor General in accordance with the provisions of 2 CFR Part 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR § 200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, the cost of the audit must 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 AAASWFL 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 AAASWFL shall be fully disclosed in the audit report with reference to the AAASWFL 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 AAASWFL 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 fisc al year end. PART II: STATE FUNDED CAO (July 2023 – June 2024) CCE 203.23 Page 34 of 60 This part is applicable if the Contractor is a non-state entity as defined by Section 215.97(2), F.S. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the AAASWFL 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 AAASWFL, 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 AAASWFL 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 AAASWFL shall be fully disclosed in the audit report with reference to the AAASWFL 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 AAASWFL 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 AAASWFL retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR § 200.512 by or on behalf of the Contractor directly to each of the following: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Pursuant to 2 CFR § 200.512, all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of any management letter issued by the auditor directly to the AAASWFL. CAO (July 2023 – June 2024) CCE 203.23 Page 35 of 60 Area Agency on Aging for Southwest Florida, Inc. Richard Cocchieri, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 Additionally, copies of financial reporting packages required by this contract’s Financial Compliance Audit Attachment, Part II, shall be submitted by or on behalf of the Contractor directly to each of the following: The AAASWFL at the following address: Area Agency on Aging for Southwest Florida, Inc. Richard Cocchieri, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 The Auditor General’s Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letters, or other information required to be submitted to the AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL. CAO (July 2023 – June 2024) CCE 203.23 Page 36 of 60 ATTACHMENT II EXHIBIT 1 PART I: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215.97, F.S. Contractors who are determined to be recipients or sub-recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 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. _____ 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 AAASWFL 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). ; CAO (July 2023 – June 2024) CCE 203.23 Page 37 of 60 **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 CAO (July 2023 – June 2024) CCE 203.23 Page 38 of 60 ATTACHMENT II EXHIBIT 2 FUNDING SUMMARY (2023-2024) 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: 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 Community Care for the Elderly General Revenue 65.010 $1,121,000.00 TOTAL AWARD $1,121,000.00 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 GRANT AWARD (FAIN#): FEDERAL AWARD DATE: DUNS NUMBER: CAO (July 2023 – June 2024) CCE 203.23 Page 39 of 60 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA will not award this contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and Suspension Certification (29 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 Boycott of Israel Certification, section 287.135, F.S. G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Grants, Loans, and Cooperative Agreements H. Verification of Employment Status Certification I. Records and Documentation J. Certification Regarding Inspection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies, to the best of its knowledge and belief, that it and its principals: 1.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal AAASWFL or AAASWFL; 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 w ill 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, CAO (July 2023 – June 2024) CCE 203.23 Page 40 of 60 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 w ill be paid to any person for influencing or attempting to influence an officer or employee of any AAASWFL, 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 w ill 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 AAASWFL. 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 AAASWFL. 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 AAASWFL. 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 AAASWFL. 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. CAO (July 2023 – June 2024) CCE 203.23 Page 41 of 60 Contractor understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been c onvicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform DOEA immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it w ill comply fully with the federal f unding 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. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub- recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT 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 AAASWFL 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 CAO (July 2023 – June 2024) CCE 203.23 Page 42 of 60 to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, Contractors w ill take immediate action to assure data integrity. 3.If this contract includes the provision of hardware, software, firmware, microcode, or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4.In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to 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 AAASWFL, 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 AAASWFL staff and/or any party designated by the AAASWFL 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 AAASWFL. Maintenance includes valid exports and backups of all data and systems according to AAASWFL 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 AAASWFL is named in the civil action, Contractor agrees to indemnify and hold harmless the AAASWFL for any costs incurred by the AAASWFL and any attorneys’ fees assessed or awarded against the AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL (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. CAO (July 2023 – June 2024) CCE 203.23 Page 43 of 60 Additionally, I certify this organization does ____ does not ____provide for institutional memberships. Contractor’s signature below attests that records pertaining to the dues or membership application by the AAASWFL are available for inspection if applicable, as stated above. By execution of this contract, Contractor must include these provisions (A-J) in all related subcontract agreements (if applicable). By signing below, Contractor certifies that the representations outlined in parts A through J above are true and correct. Signature and Title of Authorized Representative Street Address Contractor Date City, State, Zip code ; 7$0,$0,75$,/( 1$3/(6)/ 7$1<$5:,//,$06 &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney ved aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaass s toooooooooooooooooooooooooooooooooooooooooooooo Form and Legality: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ D.PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPerryrryryrrrrryryrrrrryrrrrrrrr ant County Attorney CAO Williams Tanya Digitally signed by WilliamsTanya Date: 2023.07.11 09:36:51 -04'00' (July 2023 – June 2024) CCE 203.23 Page 44 of 60 ATTACHMENT IV ASSURANCES—NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average forty-five (45) minutes per response, includ ing 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 AAASWFL. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding AAASWFL. 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 AAASWFL, 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 acc ounting system in accordance with generally a ccepted accounting standards or AAASWFL 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 AAASWFL. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 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. CAO (July 2023 – June 2024) CCE 203.23 Page 45 of 60 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 fac ilities 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 AAASWFL 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 governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED 38%/,&6(59,&('(3$570(17+($' &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 7$1<$5:,//,$06 As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney ved aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaass s toooooooooooooooooooooooooooooooooooooooooooooo Form and Legality: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ D.PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPerryrryryryrrrrrrrrrrryrrrrrrrrrr ant County Attorney CAO 07/11/2023 WilliamsTany a Digitally signed by WilliamsTanya Date: 2023.07.11 09:37:41 -04'00' (July 2023 – June 2024) CCE 203.23 Page 46 of 60 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: ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Total #% White % Black % Hispanic % Other % Female % Disabled % Over 40 2.Population of area served Source of data: 3.Staff currently employed Effective date: 4.Clients currently enrolled/registered Effective date: 5.Advisory/Governing Board if applicable For questions 2-5 please indicate the following: 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 DOEA? N/A YES NO 7.Compare the staff composition to the population. Is staff representative of the population?N/A YES NO 8.Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion, or disability? N/A YES NO 9.Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion, or disability? N/A YES NO 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? 12. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? Verbal Written Poster N/A YES NO N/A YES NO CAO (July 2023 – June 2024) CCE 203.23 Page 47 of 60 13.Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. N/A NUMBER ______ 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 necessary modifications? YES NO 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 the basis of disability? YES NO 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 DOEA USE ONLY Reviewed by In Compliance: YES NO* Program Office *Notice of Corrective Action Sent ___/___/___ Date Telephone Response Due ___/___/___ On-Site Desk Review Response Received ___/___/___ CAO (July 2023 – June 2024) CCE 203.23 Page 48 of 60 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 c ounted. 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, a ppointment scheduling, and accuracy of record keeping must be applied uniformly and without regard to r ace, 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 w ill 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 AAASWFL 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 fac ility. 13.Report number of discrimination complaints filed against the program/facility. Indicate the basis (e.g. r ace, color, creed, sex, age, national origin, disability, and/or retaliation) and the issues involved (e.g. services or employment, placement, CAO (July 2023 – June 2024) CCE 203.23 Page 49 of 60 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 AAASWFL 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 fac ilities, water f ountains, 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 s hould be observed for door width and Bra ille 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 a dopt 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. CAO (July 2023 – June 2024) CCE 203.23 Page 50 of 60 ATTACHMENT VI CONTRACTOR’S STATE CONTRACT LIST Contractor's State Contract List REPORT PERIOD: From: CONTRACTOR INFORMATION: To: Name: Phone: Address: Email: FEID: Contact: Contract # Contract/ Program Name State AAASWFL/ Program Start Date End Date Description of Contract Purpose/Types of Services Contract Manager Phone # Contract Amount 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - 13 $ - 14 $ - 15 $ - 16 $ - 17 $ - Total $ - SIGNATURE: DATE: TITLE: CAO (July 2023 – June 2024)CCE 203.23 Page 51 of 60 ATTACHMENT VII BACKGROUND SCREENING BACKGROUND SCREENING Attestation of Compliance - Employer ¾The term “employer” means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, 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. ¾A direct service provider is “a person 18 years of age or older who, pursuant to a program WRSURYLGHVHUYLFHVWRWKHHOGHUO\KDVGLUHFWIDFHဨWRဨIDFHFRQWDFWZLWKDFOLHQWwhile 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: Asthe duly authorized representativeof Employer Name located at , Street Address City State ZIP code I, do he reby affirm under penalty of Name of Representative perjury that the above named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Signature of Representative Date DOEA Form 235, Attestation of Compliance - Employer, Effective January 19, 2021 F.S. Form available at: https://elderaffairs.org/wp-content/uploads/background-screening-affidavit-of-compliance-employer.pdf Section 435.05(3), AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 7$0,$0,75$,/(1$3/(6)/ 7$1<$5:,//,$06 As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney ved aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaass toooooooooooooooooooooooooooooooooooooooooooooo Form and Legality: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ D.PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPerryryryryrrrrrrryrrrrryrrrrrrrrrrr ant County Attorney CAO 07/11/2023 WilliamsTa nya Digitally signed by WilliamsTanya Date: 2023.07.11 09:38:32 -04'00' (July 2023 – June 2024) CCE 203.23 Page 52 of 60 ATTACHMENT VIII CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) CMBE FORM MUST ACCOMPANY INVOICES SUBMITTED TO DOEA CONTRACTOR NAME: __________________________________________________ DOEA CONTRACT NUMBER: __________________ *REPORTING PERIOD-FROM: ________________ TO: __________________ *(DATE RANGE OF RENDERED SERVICES, MUST MATCH INVOICE SUBMITTED TO DOEA) DOEA CONTRACT MANAGER: ________________________________________ REPORT ALL EXPENDITURES MADE TO CERTIFIED MINORITY BUSINESS (SUBCONTRACTORS). CONTACT DOEA CMBE COORDINATOR FOR ANY QUESTIONS, AT 850-414-2153. If unsure if subcontractor is a certified minority supplier, click on the hyperlink below. Enter the name of the supplier, click “search”. Only Certified Minority Business Entities will be displayed. https://osd.dms.myflorida.com/directories SUBCONTRACTOR NAME SUBCONTRACTOR’S FEID CMBE EXPENDITURES DOEA USE ONLY -- REPORTING ENTITY (DIVISION, OFFICE, ETC) SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO: JUSTIN TAYLOR CMBE COORDINATOR, CONTRACT ADMINISTRATION & PURCHASING, TALLAHASSEE, FLORIDA 32399-7000. CAO (July 2023 – June 2024) CCE 203.23 Page 53 of 60 INSTRUCTIONS (A) ENTER THE COMPANY NAME AS IT APPEARS ON YOUR DOEA CONTRACT. (B) ENTER THE DOEA CONTRACT NUMBER. (C) ENTER THE SERVICE PERIOD MATCHING THE CURRENT INVOICE’S SERVICE PERIOD. (D) ENTER ALL CERTIFIED MINORITY BUSINESS EXPENDITURES FOR THE TIME PERIOD COVERED BY THE INVOICE: 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 DOEA FINANCIAL ADMINISTRATION FOR PROCESSING. (F) FINANCIAL ADMINISTRATION WILL FORWARD ALL COMPLETED CMBE FORMS TO CONTRACT ADMINISTRATION & PURCHASING OFFICE. CAO (July 2023 – June 2024) CCE 203.23 Page 54 of 60 ATTACHMENT IX ANNUAL BUDGET SUMMARY 1. CCE Services $1,121,000.00 Total $1,121,000.00 CAO (July 2023 – June 2024) CCE 203.23 Page 55 of 60 ATTACHMENT X INVOICE REPORT SCHEDULE Re port Number Based On Submit to State on this Date 1 July Advance* July 1 2 August Advance* July 1 3 July Invoice August 11 4 August Invoice September 11 5 September Invoice October 11 6 October Invoice November 11 7 November Invoice December 11 8 December Invoice January 11 9 January Invoice February 11 10 February Invoice March 11 11 March Invoice April 11 12 April Invoice May 11 13 May Invoice June 11 14 June Invoice July 11 15 Final Invoice July 25 Legend: * Advance based on projected cash need. CAO (July 2023 – June 2024) CCE 203.23 Page 56 of 60 ATTACHMENT XI REQUEST FOR PAYMENT RECIPIENT NAME, ADDRESS, PHONE# and FEID# TYPE OF PAYMENT : Contract # ____________ Regular __________ Contract Period ______________________________ Report Period ______________________ Advance _________ Report # _______________________ Invoice # _________________________ PSA _________ CERTIFICATION: I hereby certify to the best of my knowledge that this request or refund conforms with the terms and the purposes of the above contract. Prepared by:________________________________ Date:___________ Approved by: ___________________________________ Date:_____________ PART A: BUDGET SUMMARY CCE Admin. CCE 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 (1st - 2nd months) $ 0.00 $ 0.00 $ 0.00 2. Net Expenditures For Month $ 0.00 $ 0.00 $ 0.00 (DOEA Form 105C, Part B, Line 4) 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 106C Revised 06/08/16 COMMUNITY CARE FOR THE ELDERLY CAO (July 2023 – June 2024) CCE 203.23 Page 57 of 60 PROVIDER NAME, ADDRESS, PHONE # and FEID#Program Funding : Contract # __________ CCE Admin. _________ Contract Period _______________ CCE Services __________ Report Period ______________ Report # _________ PSA _______ Invoice # ___________ 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 #DIV/0! 2. Program Income $0.00 $0.00 $0.00 #DIV/0! 3. Local Cash Match $0.00 $0.00 $0.00 #DIV/0! 4. SUBTOTAL: CASH RECEIPTS 5. Local In-Kind Match 6. TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIV/0! PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Administrative Services $0.00 $0.00 $0.00 #DIV/0! 2. Service Subcontractor(s) $0.00 $0.00 $0.00 #DIV/0! 3. Adult Protective Services $0.00 $0.00 $0.00 #DIV/0! 4. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV/0! PART C : OTHER REVENUE AND EXPENDITURES II. Interest: III. Advance Recouped I. Program Income (PI) 1. Earned on GR Advance $____________ $ ________________ 1. CCE: PI Collected YTD $_____________ 2. Return of GR Advance $____________ 3. Other Earned $______________ PART D : CO-PAYMENTS CURRENT MONTH YEAR-TO-DATE 1. Total of Co-payments assessed $_______________ $_______________ 2. Total of Co-payments collected $_______________ $_______________ DOEA FORM 105C Revised 06/10/16 (Includes fees collected) (For Tracking Purposes only) ATTACHMENT XII RECEIPT AND EXPENDITURE REPORT CAO (July 2023 – June 2024)CCE 203.23 Page 58 of 60 ATTACHMENT XIII COST REIMBURSEMENT SUMMARY CAO (July 2023 – June 2024) CCE 203.23 Page 59 of 60 ATTACHMENT XIV SERVICE RATE REPORT These rates are to be considered the Maximum rates possible for all services. Services shall be invoiced up to these thresholds in accordance with Attachment I, Section IV. I. DELIVERABLES REIMBURSEMENT UNIT RATE METHOD OF PAYMENT UNIT TYPE CASE MANAGEMENT $86.10 Fixed Fee / Unit Rate HOUR EMERGENCY ALERT RESPONSE $1.25 Fixed Fee / Unit Rate DAYS HOME DELIVERED MEALS $8.64 Fixed Fee / Unit Rate MEAL HOMEMAKER $24.11 Fixed Fee / Unit Rate HOUR HOUSING IMPROVEMENT Cost Reimbursement Cost Reimbursement EPISODE MATERIAL AID Cost Reimbursement Cost Reimbursement EPISODE PERSONAL CARE $24.85 Fixed Fee / Unit Rate HOUR RESPITE IN-HOME $24.99 Fixed Fee / Unit Rate HOUR RESPITE-VENDOR PAYMENT Cost Reimbursement Cost Reimbursement EPISODE SKILLED NURSING SERVICES $44.60 Fixed Fee / Unit Rate HOUR SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE CAO (July 2023 – June 2024) CCE 203.23 Page 60 of 60 ATTACHMENT XV SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM BUDGET YEAR: RECIPIENT NAME: PRIOR YEAR RATE: Service LINE-ITEM EXPENSES Prior Year Historical Costs Rate at Contract Execution Current Rate Requested Rate % Change (between Contract Execution and Requested) Wages - Fringe Benefits (Formula Allocated) - Fringe Benefits (Manual Allocation) - Travel - Education/Training - Communications & Postage - Utilities - Printing & Supplies - Advertising - Insurance - Maintenance & Repair - Space Costs (Rent) - Equipment - Professional fees/Legal/Audit - Program Supplies - Depreciation - Food & Food Supplies - Other - TOTAL ALLOWABLE COSTS $0.00 $0.00 $0.00 $0.00 0.00% CAO Revised August 2007 Attestation Statement Agreement/Contract Number_ Amendment Number I, , attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and . (Recipient/Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement/contract content. Signature of Recipient/Contractor representative Date Revised August 2007 7DQ\D5:LOOLDPV &ROOLHU&RXQW\%RDUGRI&RXQW\&RPPLVVLRQHUV * Clarification note: Insubstantial changes to signature blocks made to reflect staff authority and attorney review; no changes to the substance or wording of the contract/agreement were made. As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney Apprpppppprppppprppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppovvvvvvvvvvvvvvveeeeeedeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee as to FForoooooooooooooooooooooooooooooooom ananaannaannnnnnaaannanannnd Leeeeeegagggggggggggggggggggggggggggggggggggggggggggggggggggggggggliiiiililiiiiiliiliiliiiililiiiiiiiiiiiiiiiiiiliiiililllty: ________________________________________________________________________________________________________________________________________________________________________________________________________ Derek kkk D. Perry Assistant County Attorney * CAO WilliamsT anya Digitally signed by WilliamsTanya Date: 2023.07.11 09:39:13 -04'00'07/11/2023 (July 2023 – June 2024) ADI 203.23 Page 1 of 63 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. d/b/a 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 AAASWFL 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 AAASWFL. 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 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 July 1, 2023, or on the date the contract has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59) P.M., Eastern Standard Time June 30, 2024. 4. Contract Amount: The AAASWFL agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $984,394.00, 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.), the 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 the 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 the 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 CAO (July 2023 – June 2024) ADI 203.23 Page 2 of 63 Certification and Assurances Attachment, which must be completed and returned to the Contract Manager prior to the execution of this contract. 6.1.4 In accordance with Appendix 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. The 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 the 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 the 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 the DOEA Contract Manager prior to payment. 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment I, Section III. Method of Payment. 7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. CAO (July 2023 – June 2024) ADI 203.23 Page 3 of 63 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit invoices for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided in this contract. 7.3.6 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in Section 119.011(12), F.S., made or received by the Contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor’s refusal to comply with this provision will constitute an immediate breach of contract for which the 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.C). 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134, F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state AAASWFL. 7.7 The 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. 7.1 The Contractor shall comply with all applicable Florida and federal laws, including but not limited to, Chapters DQG)ORULGD6WDWXWHV 8. Background Screening: The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as they may be amended, are met regarding background screening background screening for all employees, volunteers, and persons seeking employment who are “direct service providers” as that term is defined in Section 430.0402(1)(b) and who are not exempted from Level 2 background screening by Section 430.0402(2). The Contractor and its direct service providers, must also comply with any applicable rules promulgated by the AAASWFL 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 the AAASWFL within thirty (30) days of execution of this contract. Should the AAASWFL have a completed Screening Form on file for the Contractor, CAO (July 2023 – June 2024) ADI 203.23 Page 4 of 63 a new Screening Form shall be submitted to the 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 the AAASWFL’s Contract Manager within thirty (30) days upon notification. 8.1 Further information concerning the procedures for background screening may be found at https://elderaffairs.org/about-us/background-screening 9. Grievance Procedures: The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(s) and to address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor’s determination(s). 10. Public Records and Retention: 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAASWFL to perform the contracted services. 10.1.2 Upon request from the AAASWFL’s custodian of public records, provide the AAASWFL a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the AAASWFL. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the AAASWFL, all public records in possession of the Contractor to the AAASWFL or will keep and maintain public records required by the AAASWFL. If the Contractor transfers all public records to the 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 the AAASWFL in a format that is compatible with the information technology systems of the AAASWFL. 10.2 The 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 THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 239-652-6900 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Contractor and Subcontractors shall, at no cost to the AAASWFL, transfer all public records in their possession to the 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 the AAASWFL in a format that is compatible with the information technology systems of the AAASWFL. CAO (July 2023 – June 2024) ADI 203.23 Page 5 of 63 11. Audits, Inspections, Investigations: 11.1 The Contractor shall establish and maintain books, records, and documents (including electronic storage media) sufficient to reflect all assets, obligations, unobligated balances, income, interest, and expenditures of funds provided by the 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 the AAASWFL. 11.3 Upon demand, at no additional cost to the 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 the AAASWFL. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the 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 the 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 AAASWFL 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 AAASWFL 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. CAO (July 2023 – June 2024) ADI 203.23 Page 6 of 63 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete, and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor further assures that all Subcontractors, Vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the any statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that the 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 the AAASWFL: The Contractor shall permit persons duly authorized by the 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 the AAASWFL of the satisfactory performance of the terms and conditions of this contract. Following such review, the 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 the AAASWFL’s Contract Manager. 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 the 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 the 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 AAASWFL’s lead administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, and/or investigators. 16. New Contract(s) Reporting: The Contractor shall notify the 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 AAASWFL and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the Contractor shall complete the Contractor’s State Contracts List attached to this contract. 17. Indemnification: The Contractor shall indemnify, save, defend, and hold harmless the AAASWFL and its agents and employees from and against all claims, damages, losses, and expenses including attorney’s fees arising out of or resulting from the execution of this contract or performance of the services provided for herein. It is understood and agreed that the Contractor is not required to indemnify the AAASWFL for claims, demands, actions, or causes of action arising solely out of the negligence of the 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 the AAASWFL and state agencies or subdivisions defined in Section 768.28(2), F.S. 18. Insurance and Bonding: CAO (July 2023 – June 2024) ADI 203.23 Page 7 of 63 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 AAASWFL or subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor’s liability and obligations under this contract. The Contractor shall ensure that the 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. The 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 the 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 the AAASWFL’s Contract Manager (by telephone) with an email to immediately follow. 21.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (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 the 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 the 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) and the State of Florida, Department of Elder Affairs.” If the sponsorship reference is in written material, the words “State of Florida, Department of Elder Affairs” shall appear in at least the same size letters or type as the name of the organization. 23.2 The Contractor shall not use the words “State of Florida, Department of Elder Affairs” to indicate sponsorship of a program otherwise financed, unless specific written authorization has been obtained by the AAASWFL prior to such use. 24. Assignments: CAO (July 2023 – June 2024) ADI 203.23 Page 8 of 63 24.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written approval of the AAASWFL. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the AAASWFL shall constitute a material breach of the contract. In the event the State of Florida approves assignment of the Contractor’s obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.2 The State of Florida is, at all times, entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental AAASWFL in the State of Florida upon giving prior written notice to the Contractor. 24.3 This contract shall remain binding upon the successors in interest of the Contractor and the AAASWFL. 25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the AAASWFL deems necessary. The Contractor further agrees that the AAASWFL will not be liable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the AAASWFL against any such claims. 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the AAASWFL or other state AAASWFL. Failure to make payments to any Subcontractor in accordance with Section 287.0585, F.S., unless otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty as provided by statute. 26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor and any of its Subcontractors are independent Contractors and are not employees of the AAASWFL, and that they shall not hold themselves out as employees or agents of the AAASWFL without prior specific authorization from the AAASWFL. It is the further intent and understanding of the Parties that the 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. 27. Payment: Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. The DOEA Contract Manager will have final approval of the Contractor’s invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the 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. A Vendor Ombudsman has been established within the Florida Department of Financial Services and may be contacted at 800-342-2762. 28. Return of Funds: The Contractor shall return to the 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 the 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 the AAASWFL. In the event that the AAASWFL first discovers an overpayment has been made, the DOEA Contract Manager 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. 29. Data Integrity and Safeguarding Information: The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor employees that request system or information access and ensuring that user access has been removed from all terminated CAO (July 2023 – June 2024) ADI 203.23 Page 9 of 63 employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30. Social Media and Personal Cell Phone use: 30.1 Inappropriate use of social media and personal cell phones may pose risks to 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, 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 or other state business. This contract applies to any DOEA 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 DOEA and Contractors Equipment. This contract applies regardless of whether the social media is accessed using DOEA’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 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 DOEA 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 DOEA with Communications. Contactors may be asked periodically to assist in distributing certain DOEA 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. 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the selection or in the award of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization which employs, or is about to employ, any of the above individuals, has a financial or other interest in the firm being selected for award. The Contractor’s or Subcontractor’s officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Contractors, potential Contractors, or parties to Subcontracts. The Contractor’s board members and management must disclose to the 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. 32. Public Entity Crime: CAO (July 2023 – June 2024) ADI 203.23 Page 10 of 63 Pursuant to Section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the Convicted Vendor List. 33. Purchasing: 33.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. 33.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED 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 AAASWFL INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AAASWFL ARE CONCERNED. 33.1.2 Pursuant to sections 413.036(1) and (4), F.S., the Contractor shall not be required to procure a product or service from RESPECT if: (a) the product or service is not available within a reasonable delivery time, (b) the Contractor is required by law to procure the product or service from any AAASWFL of the state, or (c) the Contractor determines that the performance specifications, price, or quality of the product or service is not comparable to the Contractor's requirements. 33.1.3 This act shall have precedence over any law requiring state AAASWFL procurement of products or services from any other nonprofit corporation unless such precedence is waived by the AAASWFL in accordance with its rules. 33.1.4 Additional information about the designated nonprofit AAASWFL and the products it offers is available at http://www.respectofflorida.org. 33.2 The Contractor shall procure any recycled products or materials which are the subject of, or are required to carry out, this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065, F.S. 33.3 The Contractor shall procure products and/or services required to perform this contract in accordance with section 946.515, F.S. 33.3.1 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 AAASWFL 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 the AAASWFL, Division of Financial Administration, and must accompany each invoice CAO (July 2023 – June 2024) ADI 203.23 Page 11 of 63 submitted to the AAASWFL. The Office of Supplier Diversity (850-487-0915) will assist in furnishing names of qualified minorities. The AAASWFL’s Minority Coordinator (850-414-2153) will assist with questions and answers. The CMBE Report is attached to this contract. 34. Patents, Copyrights, Royalties: If this contract is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract or in any way connected with this contract, or if ownership of any discovery, invention, or copyrightable material was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention, or copyrightable material to the 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. 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 the 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 the DOEA Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the 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 the AAASWFL upon request. The Contractor shall promptly investigate, fully document, and notify the DOEA Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the DOEA Contract Manager. 36.3 The Contractor’s property management standards for equipment (including replacement equipment), whether acquired in whole or in part with federal funds and federally-owned equipment shall, at a minimum, meet the following requirements and shall include accurately maintained equipment records with the following information: CAO (July 2023 – June 2024) ADI 203.23 Page 12 of 63 36.3.1 Property records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government); 36.3.6 Information from which one can calculate the percentage of federal participation in the cost of the equipment (not applicable to equipment furnished by the federal government); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost; and 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding Agency for its share. 36.3.10 A physical inventory must be taken, and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must 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 the AAASWFL or purchased with funds provided through this contract without first obtaining the approval of the DOEA Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the AAASWFL’s Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractor’s proposed disposition of the property (i.e., transfer or donation to another AAASWFL that administers federal programs, offer of the items for sale, destroy the items, etc.). 36.6 The DOEA Contract Manager will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR § 200.313 or 45 CFR § 75.320, as applicable. 36.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of the 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. CAO (July 2023 – June 2024) ADI 203.23 Page 13 of 63 36.9 The Contractor must adhere to the 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 the AAASWFL upon request. The Contractor has the responsibility to require any Subcontractors to comply with the 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. 38. Use of State Funds to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by the DOEA Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Financial Consequences: If the Contractor fails to meet the minimum level of service or performance identified in this contract, the 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 Leon County, Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the AAASWFL or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Majeure: 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 the AAASWFL’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 47. Addition/Deletion: CAO (July 2023 – June 2024) ADI 203.23 Page 14 of 63 The Parties agree that the 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 the AAASWFL to exercise or enforce any of its rights under this contract will not constitute or be deemed a waiver of the 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 the AAASWFL. 50. Final Invoice: The Contractor shall submit the final invoice for payment to the 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 the 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 the 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 the AAASWFL’s operating budget. 52. Suspension of Work: The 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. The 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, the 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. The AAASWFL, by written notice to the Contractor, may terminate this contract in whole or in part when the 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. The 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 CAO (July 2023 – June 2024) ADI 203.23 Page 15 of 63 and obligations of the Parties shall be the same as if the termination had been issued for the convenience of the AAASWFL. The rights and remedies of the 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: The 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. 54.1 The AAASWFL’s authorization pursuant to this section does not authorize electronic transactions between the Contractor and the AAASWFL. The Contractor is authorized to conduct electronic transactions with the AAASWFL only upon further written consent by the AAASWFL. 54.2 Upon request by the AAASWFL, the Contractor shall provide the AAASWFL with non-electronic (paper) copies of records. Non-electronic (paper) copies provided to the 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 Manager: The AAASWFL may substitute any AAASWFL employee to serve as the DOEA Contract Manager. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK CAO (July 2023 – June 2024) ADI 203.23 Page 16 of 63 56. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): a. The Contractor name, as shown on page 1 of this contract, and mailing address of the official payee to whom the payment shall be made is: Collier County Board of County Commissioners 3 E Tamiami Trail Naples, FL 34112 b. The name of the contact person and street address where financial and administrative records are maintained is: Kristi Sonntag, Director &RPPXQLW\ Human Services Collier County Board of County Commissioners 339 E Tamiami Trail, Naples, FL 34112 c. The name, address, and telephone number of the representative of the Contractor responsible for administration of the program under this contract is: .ULVWL6RQQWDJ'LUHFWRU&RPPXQLW\ +XPDQ 6HUYLFHV&ROOLHU&RXQW\%RDUGRI&RXQW\ &RPPLVVLRQHUV(7DPLDPL7UDLO 1DSOHV)/ 239-252- d. The section and location within the AAASWFL where Requests for Payment and Receipt and Expenditure forms are to be mailed is: Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 e. The name, address, and telephone number of the Contract Manager for this contract is: Richard Cocchieri, CFO Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 239-652-6922 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party. 57. All Terms and Conditions Included: This contract and its Attachments I – XVIII, 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 sixty-three (63) page contract to be executed by their undersigned officials as duly authorized. Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 DUNS: 076997790 CONTRACTOR: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: SIGNED BY:_______________________________ NAME: NAME: MARICELA MORADO TITLE: TITLE: CEO/PRESIDENT DATE: DATE:_____________________________________ 7$1<$5:,//,$06 38%/,&6(59,&('(3$570(17+($' As designee of the County Manager, pursuant to Resolution No. 2018-202.Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney Apppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppprppprprpprppppprprppppppppppprpppprprprppppovooooooooooooooooooooooooooooooooooooooooooooooooooooooed as to Form annnnnnnnnnnnnnnnd d ddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd Legality: ____________________________________________________________________________________________________________________________________________________________________ Derek D. Perry Assistant County Attorney CAO 07/11/2023 07.12.23 Williams Tanya Digitally signed by WilliamsTanya Date: 2023.07.11 09:44:09 -04'00' Maricela Morado Digitally signed by Maricela Morado Date: 2023.07.12 08:20:34 -04'00' (July 2023 – June 2024) ADI 203.23 Page 17 of 63 INDEX OF ATTACHMENTS ATTACHMENT I ............................................................................................................................................... 18 STATEMENT OF WORK .................................................................................................................................. 18 ATTACHMENT II ............................................................................................................................................. 33 FINANCIAL AND COMPLIANCE AUDIT ...................................................................................................... 33 EXHIBIT 1 ........................................................................................................................................................ 36 EXHIBIT 2 ........................................................................................................................................................ 38 ATTACHMENT III ............................................................................................................................................ 39 CERTIFICATIONS AND ASSURANCES ......................................................................................................... 39 ATTACHMENT IV ............................................................................................................................................ 44 ASSURANCES—NON-CONSTRUCTION PROGRAMS .................................................................................. 44 ATTACHMENT V.............................................................................................................................................. 46 FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST ................. 46 INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST .................................................... 48 ATTACHMENT VI ............................................................................................................................................ 50 CONTRACTOR’S STATE CONTRACT LIST ................................................................................................... 50 ATTACHMENT VII .......................................................................................................................................... 51 BACKGROUND SCREENING ......................................................................................................................... 51 ATTACHMENT VIII ......................................................................................................................................... 52 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) ...................... 52 ATTACHMENT IX ............................................................................................................................................ 54 INVOICE REPORT SCHEDULE ..................................................................................................................... 54 ATTACHMENT X.............................................................................................................................................. 55 ANNUAL BUDGET SUMMARY ....................................................................................................................... 55 ATTACHMENT XI ............................................................................................................................................ 56 REQUEST FOR PAYMENT .............................................................................................................................. 56 ATTACHMENT XII .......................................................................................................................................... 57 RECEIPT AND EXPENDITURE REPORT ...................................................................................................... 57 ATTACHMENT XIII ......................................................................................................................................... 58 COST REIMBURSEMENT SUMMARY ............................................................................................................ 58 ATTACHMENT XIV ......................................................................................................................................... 59 SERVICE RATE REPORT ................................................................................................................................ 59 ATTACHMENT XV ........................................................................................................................................... 60 SILVER ALERT PROTOCOLS ......................................................................................................................... 60 ATTACHMENT XVI ......................................................................................................................................... 61 SILVER ALERT SERVICES REFERRAL FORM .............................................................................................. 61 ATTACHMENT XVII........................................................................................................................................ 63 SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM ..................................... 63 CAO (July 2023 – June 2024) ADI 203.23 Page 18 of 63 ATTACHMENT I STATEMENT OF WORK ALZHEIMER’S DISEASE INITIATIVE PROGRAM I. SERVICES TO BE PROVIDED A. Definitions of Terms 1. Acronyms Activities of Daily Living (ADL) Adult Protective Services (APS) Aging and Disability Resource Center (ADRC) Alzheimer’s Disease (AD) Alzheimer’s Disease and Related Dementias (ADRD) Alzheimer’s Disease Initiative (ADI) Area Agency on Aging (AAA) Assessed Priority Consumer List (APCL) Corrective Action Plan (CAP) Dementia Care & Cure Initiative (DCCI) Department of Elder Affairs (DOEA or Department) Enterprise Client Information and Registration Tracking System (eCIRTS) Florida Administrative Code (F.A.C.) Florida Statutes (F.S.) Memory Disorder Clinic (MDC) Notice of Instruction (NOI) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) United States Code (U.S.C.) 2. Program-Specific Terms Administrative Funding: Contract dollars that are allocated to support the Contractor’s expenses incurred in the management and operation of the ADI Program, as stipulated in this contract. Area Plan: A plan developed by the AAASWFL outlining a comprehensive and coordinated service delivery system in the respective Planning and Service Area, in accordance with Section 306 of the Older Americans Act (42 U.S.C. § 3026), as amended, and DOEA instructions. The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the AAASWFL enters ADI specific data into the eCIRTS. An update may also include other revisions to the Area Plan as instructed by the DOEA. Department of Elder Affairs Programs and Services Handbook (DOEA Handbook): An official document of DOEA. The DOEA Handbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers of DOEA funded programs. An annual update is provided through a Notice of Instruction (NOI). Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive living arrangement. Memory Disorder Clinic (MDC): Research oriented programs created pursuant to Sections 430.502(1) and (2), F.S., to provide diagnostic and referral services, conduct basic and service-related multidisciplinary research, and develop training materials and educational opportunities for lay and professional caregivers of individuals with AD.CAO (July 2023 – June 2024) ADI 203.23 Page 19 of 63 Notice of Instruction (NOI): The AAASWFL & DOEA’s established method to communicate to the Contractor the requirement to perform a task or activity. NOIs are located on the DOEA’s website at http://elderaffairs.state.fl.us/doea/nois.php. Program Highlights: Success stories, quotes, testimonials, or human-interest vignettes that are used in the DOEA’s Summary of Programs and Services (SOPS) to include information that helps tell the story of how programs and services help elders, families, and caregivers. Proviso: Language used in a general appropriations bill to qualify or restrict the way in which a specific appropriation is to be expended. Specialized Adult Day Care: Specialized Alzheimer’s Services Adult Day Care Centers, licensed in accordance with Section 429.918, F.S., provide specialized Alzheimer’s services for AD clients. FloridaHealthFinder.gov provides an up-to-date listing of all Specialized Alzheimer’s Services Adult Day Care Centers. Specialized Alzheimer’s Services: Specialized Alzheimer’s services, offered in day care centers include, but are not limited to, those listed below: a. Providing education and training on the specialized needs of persons with Alzheimer’s disease or related memory disorders and caregivers. b. Providing specialized activities that promote, maintain, or enhance the ADI client’s physical, cognitive, social, spiritual, or emotional health. c. Providing therapeutic, behavioral, health, safety, and security interventions; clinical care, and support services for the ADI client and caregiver. Summary of Programs and Services (SOPS): A document produced by the DOEA and updated yearly to provide the public and the Legislature with information about programs and services for Florida’s elders. B. GENERAL DESCRIPTION 1. General Statement The purpose of the ADI is to address the special needs of individuals with AD, their families, and caregivers. 2. Alzheimer’s Disease Initiative Program Mission Statement The ADI program assists persons afflicted with AD and other forms of dementia to live as independently as possible with support to family members and caregivers. 3. Authority The relevant authority governing the ADI Program includes: a.Rule Chapter 58D-1, F.A.C.; b.Sections 430.501, 430.502, 430.503, and 430.504, F.S.; and c.Catalog of State Financial Assistance (CSFA) Numbers 65002 and 65004. 4. Scope of Service The Contractor is responsible for the programmatic, fiscal, and operational management of the ADI Program. The program services shall be provided in a manner consistent with the AAASWFL Area Plan, as updated, and the current DOEA Handbook, which are incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOEA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOI. CAO (July 2023 – June 2024) ADI 203.23 Page 20 of 63 5. Major Program Goal The major goal of the ADI Program is to provide services to meet the needs of caregivers and individuals with AD or other related disorders. C. Clients to be Served 1. General Description The ADI program addresses the special needs of individuals with AD or other related disorders and their caregivers. 2. Client Eligibility Clients eligible to receive services under this contract must: a.Be 18 years of age or older and have a diagnosis of AD or a related disorder, or be suspected of having AD or a related disorder; or b.If enrolled in Specialized Alzheimer’s Services Adult Day Care, be a participant who has a documented diagnosis of Alzheimer’s disease or a dementia-related disorder (ADRD) from a licensed physician, licensed physician assistant, or a licensed advanced registered nurse practitioner; and c.Not be enrolled in any Medicaid capitated long-term care program. 3. Targeted Groups Priority for services under this contract will be given to those eligible persons assessed to be at risk of placement in an institution. 4. Client Determination The AAASWFL & DOEA shall have final authority for the determination of client eligibility. II. MANNER OF SERVICE PROVISION A. Service Tasks To achieve the goals of the ADI program, the Contractor shall perform, or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in Section I.C.2. 2. Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients in the sequence below for service delivery. It is not the intent of the 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 a month or very likely within three (3) months. b.Service priority for individuals not included above, regardless of referral source, will be determined through the AAASWFL’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. 3. Program Services CAO (July 2023 – June 2024) ADI 203.23 Page 21 of 63 The AAASWFL shall ensure the provision of program services is consistent with the current Area Plan, as updated and approved by the DOEA, and the current DOEA Handbook. 4. Task Limits The Contractor shall not perform any tasks related to the project other than those described in this contract without the express written consent of the AAASWFL. B. Use of Subcontractors If this contract involves the use of a subcontractor or third party, then the Contractor shall not delay the implementation of its agreement with the Subcontractor. If any circumstance occurs that may result in a delay for a period of sixty (60) days or more of the initiation of the subcontract or the performance of the Subcontractor, the Contractor shall notify the AAASWFL’s Contract Manager and the AAASWFL’s Chief Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this contract without having a binding Subcontractor agreement executed. The AAASWFL will not be responsible or liable for any obligations or claims resulting from such action. 1. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the AAASWFL Contract Manager within thirty (30) days of the subcontract being executed. 2. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per fiscal year, each of its subcontractors, subrecipients, vendors, and/or consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative, and programmatic monitoring to ensure 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 other performance goals stated in this contract are achieved. 3. Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor Monitoring Reports to the AAASWFL Contract Manager within thirty (30) days of the report being issued to the Subcontractors, Subrecipients, Vendors, and/or Consultants. C. Staffing Requirements 1. Staffing Levels The Contractor shall assign its own administrative and support staff as necessary to meet the obligations of this contract and shall ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. Service Times The Contractor shall ensure the availability of the services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours, or as otherwise specified in proviso or the Subcontractor’s approved service provider application. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time. CAO (July 2023 – June 2024) ADI 203.23 Page 22 of 63 D. Service Location and Equipment 1. Service Delivery Location Services will be provided as needed in locations determined by provider to best meet clients’ immediate needs. 2. Changes in Location The Contractor shall notify the AAASWFL in writing a minimum of one (1) week prior to making changes in location that will affect the AAASWFL’s ability to contact the Contractor by telephone or facsimile. 3. Equipment The Contractor shall be responsible for supplying, at its own expense, all equipment necessary for its performance under the contract including, but not limited to, computers, telephones, copiers, fax machines, maintenance, and office supplies. E. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. 1. Delivery of Services to Eligible Clients The Contractor shall ensure the provision of a continuum of services addressing the diverse needs of individuals with AD and their caregivers. The AAASWFL shall ensure performance and reporting of the following services in accordance with the DOEA-approved Area Plan, the current DOEA Handbook, which is incorporated by reference, and Section II.A. of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The continuum of services provided under this contract include: a. Respite and Other Services (1) Caregiver Support Groups; (2) Caregiver Training/Support; (3) Case Aide; (4) Case Management; (5) Counseling (Gerontological); (6) Counseling (Mental Health/Screening); (7) Education/Training; (8) Emergency Home Delivered Shelf Meals; (9) Home Delivered Meals; (10) Homemaker; (11) Housing Improvement; (12) Intake; (13) Material Aid; (14) Other Services; (15) Personal Care; (16) Respite (In-Facility); (17) Respite (In-Facility, Specialized Alzheimer’s Services); (18) Respite (In-Home); (19) Shopping Assistance; (20) Specialized Medical Equipment, Services, and Supplies; (21) Telephone Reassurance; and (22) Transportation. For a comprehensive table of additional and allowable services under ADI refer to the current DOEA Handbook. CAO (July 2023 – June 2024) ADI 203.23 Page 23 of 63 b. Memory Disorder Clinics (MDCs) The Contractor shall maintain coordination with the MDCs, the Alzheimer’s Disease and Related Disorders Research Brain Bank (Brain Bank), and all other components of the ADI, as well as Silver Alert, in the designated PSA. MDCs are required to provide four (4) hours of annual in-service training to all respite, in-facility respite, and adult day care center staff in their designated service areas in person or virtually. MDCs are required to plan and develop service-related research projects with adult day care centers and respite providers. The Contractor shall respond to requests for statistical data concerning its consumers, based on information requirements of the MDCs and the Brain Bank, and assist the MDCs in carrying out Silver Alert Protocols (Attachment XV) to include return of the Aging and Disability Resource Center (ADRC) Silver Alert Services Referral Form (Attachment XVI) to the referring MDC within fourteen (14) days of receipt. 2. Services and Units of Service The Contractor shall ensure that the provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II.A. The Service Rate Report (Attachment XIV) lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Area Plan as updated, as shown in the Service Rate Report, and approved by the DOEA. 3. Administrative Responsibilities The AAASWFL shall provide management and oversight of the ADI program operations in accordance with the current DOEA Handbook, the DOEA-approved Area Plan and Cost Analysis. Management and oversight of ADI program operations include the following: a.Developing a competitive solicitation process for allocation of ADI funds, including appeal procedures for handling disputes involving Lead Agency; b.Preparing and revising the Area Plan update; c.Designating appropriate and capable Lead Agencies and establishing vendor agreements at the AAA level, when applicable for Lead Agency and ADI services according to manuals, rules, and agreement procedures of DOEA; d.Providing technical assistance to Lead Agencies and vendors to ensure provision of quality services; e.Monitoring and evaluating Lead Agencies, subcontractors, and vendors for programmatic and fiscal compliance; f.Appropriately submitting payments to subcontractors; g.Arranging four (4) hours of in-service training for Lead Agencies at least annually; h.Establishing procedures for handling recipient complaints concerning such adverse actions as service termination, suspension, or reduction; i.Ensuring compliance with the Enterprise Client Information and Registration Tracking System (eCIRTS) regulations; j.Monitoring performance objective achievements in accordance with targets set by the DOEA; k.Conducting client satisfaction surveys to evaluate and improve service delivery; l.Participating in at least one Dementia Care and Cure Initiative (DCCI) task force within the Contractor’s service area; and m.Immediately notifying the DOEA’s Emergency Coordinating Officer of any changes to names and contact information made to the Contractor’s local Emergency Coordinating Officer. F. Reports The Contractor shall respond to additional routine or special requests for information and reports required by the AAASWFL in a timely manner, as determined by the AAASWFL Contract Manager. The Contractor shall establish reporting due dates for Subcontractors that permit the Contractor to meet the AAASWFL’s reporting requirements. CAO (July 2023 – June 2024) ADI 203.23 Page 24 of 63 1. Area Plan Update and All Revisions Thereto The AAASWFL is required to submit an annual Area Plan update wherein the Contractor enters ADI-specific data in the eCIRTS. 2. eCIRTS Reports The Contractor shall input ADI-specific data into eCIRTS. To ensure eCIRTS data accuracy, the Contractor shall use eCIRTS generated reports which include the following: a.Client Reports; b.Monitoring Reports; c.Services Reports; d.Miscellaneous Reports; e.Fiscal Reports; f.Aging and Disability Resource Center Reports; and g.Outcome Measurement Reports. 3. Unit Cost Methodologies The Contractor shall submit Unit Cost Methodologies annually on March 15th and September 15th, which reflect the costs of providing each service by program. 4. Surplus/Deficit Report The Contractor shall submit a Consolidated Surplus/Deficit Report, in a format provided by the AAASWFL, to the AAASWFL Contract Manager by the 18th day of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the AAASWFL and must include the following: a.A list of all subcontractors and their status regarding surplus/deficit; b.The Contractor’s detailed plan on how the surplus/deficit spending exceeding the threshold specified by the AAASWFL will be resolved; c.Recommendations to transfer funds to resolve surplus/deficit spending; d.Input from the Contractor’s Board of Directors on resolution of spending issues, if applicable; e.Number of clients currently on APCL that receive a priority ranking score of four (4) or five (5); and f.Number of clients currently on the APCL designated as Imminent Risk. 5. Cost Analysis The AAASWFL shall submit a completed DOEA Cost Analysis for Non-Competitively Procured Contracts in Excess of Category II to the DOEA’s Contract Manager by June 30th of each year. 6. Co-Pay Collections Report The Contractor shall submit a consolidated annual co-payment collections report to the AAASWFL’s Contract Manager by July 25, 2023, using Attachment 5: Annual Co-Payment Collection Report, located in Appendix B of the current DOEA Handbook. 7. Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2022- 2023 by August 30, 2023. The Contractor shall provide a new success story, quote, testimonial, or human- interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar prior to submitting them to the AAASWFL. These Program Highlights shall be prepared in accordance with section 19 of the contract and may not contain any information concerning a recipient of services under this contract except with the recipient’s written consent.CAO (July 2023 – June 2024) ADI 203.23 Page 25 of 63 G. Records and Documentation 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the AAASWFL or authorized individuals or entities, such as the DOEA or Department of Financial Services, upon request. 2. eCIRTS Data and Maintenance The Contractor shall ensure, monthly, collection and maintenance of client and service information in eCIRTS or any such system designated by the AAASWFL. Maintenance includes accurate and current data, and valid exports and backups of all data and systems according to AAASWFL standards. 3. eCIRTS Address Validation The Contractor shall work with the AAASWFL to ensure client address are correct in eCIRTS for disaster preparedness efforts. At least annually, and more frequently as needed, the AAASWFL will provide direction on how to validate eCIRTS addresses to ensure these can be mapped. The Contractor will receive a list of unmatched addressed that cannot be mapped and the Contractor will be responsible for working with the Lead Agencies to correct addresses and send a list to the AAASWFL with confirmed addresses. The AAASWFL will use this information to update maps, client rosters, and unmatched addresses to disseminate to the Lead Agencies. 4. Data Integrity and Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. A copy of the backed-up data shall be stored in a secure, offsite location. 5. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the AAASWFL upon request. H. Performance Specifications 1. Outcomes and Outputs (Performance Measures) The Contractor must: a.Ensure the prioritization of clients and provision of services to clients in accordance with Section II.A. above. b.Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section II.D. above. c.Timely and accurately submit to the AAASWFL all required documentation and reports described in Section II.E. above; and d.Timely (i.e., in accordance with the Annual Budget Summary) and accurately submit the Request for Payment, the Receipt and Expenditure Report, and supporting documentation to the AAASWFL. 2. Annual Programmatic Monitoring Report The Contractor’s performance of the measures in Section II.H.1., above, will be reviewed and documented in the AAASWFL’s Annual Programmatic Monitoring Report. 3. Monitoring and Evaluation Methodology The AAASWFL will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor via telephone, in writing, and/or on- CAO (July 2023 – June 2024) ADI 203.23 Page 26 of 63 site visit(s). The primary, secondary, or signatory of the contract must be available for any on-site programmatic monitoring visit. The AAASWFL’s determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the AAASWFL in monitoring the progress of completion of the service tasks and deliverables. The 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. I. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and are tasks and deliverables for which, by execution of this contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of this contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. J. AAASWFL Responsibilities 1. AAASWFL Obligations The AAASWFL may, within its resources, provide technical support and assistance to the Contractor to assist the Contractor in meeting the requirements of this contract. The AAASWFL’s support and assistance, or lack thereof, shall not relieve the Contractor from full performance of contract requirements. 2. AAASWFL Determinations The AAASWFL reserves the exclusive right to make certain determinations in the tasks and approaches used to perform tasks. The absence of the AAASWFL setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. III. METHOD OF PAYMENT A. Payment Methods Used The method of payment for this contract is a combination of fixed fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The AAASWFL will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section II., Manner of Service Provision, and in accordance with other terms and conditions of this contract. 1. Fixed Fee/Unit Rate Payments for Fixed Fee/Unit Rate shall not exceed amounts established in the Service Rate Report. CAO (July 2023 – June 2024) ADI 203.23 Page 27 of 63 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in the Service Rate Report. All Cost Reimbursement Requests for Payment must include the Receipt and Expenditure Report, as well as the Cost Reimbursement Summary Form, beginning with the first month of this contract. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary Form and include only items contained on the Contractor’s Cost Analysis Form. The AAASWFL reserves the right to review supporting documentation for any cost reimbursement requests. 3. Advance Payments The Contractor may request up to two (2) months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the AAASWFL by the State of Florida (budget release). The Contractor’s requests for advance payments require the written approval of the AAASWFL’s Contract Manager. For the first month’s advance request, the Contractor shall provide to the AAASWFL’s Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If the Contractor is requesting two (2) months of advances, documentation must be provided reflecting the cash needs of the Contractor within the initial two (2) months and should be supported through a cash-flow analysis or other information appropriate to demonstrate the Contractor’s financial need for the second month of advances. The Contractor must also describe how the funds will be distributed for the first and second month. If sufficient budget is available, and the AAASWFL’s Contract Manager, in his or her sole discretion, has determined that there is justified need for an advance, the AAASWFL will issue approved advance payments after July 1st of the contract year. a.Any advance payments the Contractor requests for subcontractors must be distributed within seven (7) days of receipt of payment from the AAASWFL. The Contractor shall submit to the AAASWFL documentation to support full distribution of advanced funds with Report Number 5, due to the AAASWFL on October 10, 2023, in accordance with the Invoice Report Schedule (Attachment IX). b.All advance payments retained by the Contractor must be fully expended no later than September 30, 2023. Any portion of advance payments not expended must be recouped on the Request for Payment (Attachment XI), Report Number 5, due to the AAASWFL on October 10, 2023, in accordance with the Invoice Report Schedule (Attachment IX). c.All advance payments made to the Contractor shall be reimbursed to the AAASWFL as follows: At least one–tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment (Attachment XI), starting with Report Number 5, in accordance with the Invoice Report Schedule (Attachment IX). B. Funding Distribution The Contractor agrees to distribute funds as detailed in the Area Plan update and the Annual Budget Summary. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. C. Method of Invoice Payment Payment shall be made upon the Contractor’s presentation of an invoice after the acceptance and approval by the AAASWFL of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1.Have a Remittance Address that corresponds exactly to the “Remit To” address provided to MyFloridaMarketPlace (MFMP) during registration. 2.Request payment on a monthly basis for the units of services established in the Contractor’s approved Area Plan, provided in conformance with the requirements as described in the current DOEA Handbook, at the rates established in the Service Rate Report of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary Form and include only items contained on the Contractor’s Cost Analysis Form. Any requested changes to the approved budget after the execution of this contract must be submitted to the AAASWFL Contract Manager for written approval. Any change to the total contract amount requires a contract amendment.CAO (July 2023 – June 2024) ADI 203.23 Page 28 of 63 3.The Contractor shall consolidate all subcontractors’ Requests for Payment and Receipt and Expenditure Reports that support Requests for Payment and shall submit to the AAASWFL using the attached Request for Payment form, Receipt and Expenditure Report, and Cost Reimbursement Summary for services and administrative expenses, which must include itemized expenditure categories; and 4.All Requests for Payment shall be based on the submission of monthly Receipt and Expenditure Reports beginning with the first month of this contract. The schedule for submission of advance requests (when available) and invoices is listed in the Invoice Schedule. D. Payment Withholding Any payment due by the AAASWFL under the terms of this contract may be withheld pending the receipt and approval by the AAASWFL of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowances. E. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the AAASWFL no later than July 25, 2024. F. eCIRTS Data Entries for Subcontractors The Contractor must require Subcontractors to enter all required data for clients and services in the eCIRTS database per the current DOEA Handbook and the eCIRTS User Manual – Aging Provider Network users (located in Documents on the eCIRTS Enterprise Application Services). Subcontractors must enter this data into the eCIRTS prior to submitting their Requests for Payment and Receipt and Expenditure Reports to the Contractor. The Contractor shall establish deadlines for completing eCIRTS data entry and ensure compliance with due dates for the Requests for Payment and Receipt and Expenditure Reports that Contractor must submit to the AAASWFL. G. Subcontractors’ Monthly eCIRTS Reports The Contractor must require Subcontractors to run monthly eCIRTS reports and to verify that client and service data in the eCIRTS is accurate. This report must be submitted to the Contractor with the monthly Request for Payment and Receipt and Expenditure Report and must be reviewed by the Contractor before the Subcontractor’s Request for Payment and Receipt and Expenditure Reports can be approved by the Contractor. H. Corrective Action Plan 1.Contractor shall ensure one hundred percent (100%) of the deliverables identified in Section II.E.1-3 of this contract are performed pursuant to contract requirements. 2.If at any time the Contractor is notified by the AAASWFL Contract Manager that it has failed to correctly, completely, or adequately perform contract deliverables identified in Section II.E.1-3 of this contract, the Contractor will have ten (10) days to submit a Corrective Action Plan (CAP) to the AAASWFL Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the AAASWFL Contract Manager. The AAASWFL shall assess a Financial Consequence for Non-Compliance on the Contractor as referenced below in Section III.I. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The AAASWFL will also assess a Financial Consequence for failure to timely submit a CAP. 3.If the Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, the AAASWFL shall deduct the percentage established below in Section III.I. of this contract from the payment for the invoice of the following month. 4.If the Contractor fails to timely submit a CAP, the AAASWFL shall deduct the percentage established below in Section III.I. of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. CAO (July 2023 – June 2024) ADI 203.23 Page 29 of 63 I. Financial Consequences The AAASWFL will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the AAASWFL according to the requirements referenced in Section II.E. of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in Section II.E. of this contract. 1.Delivery of services to eligible clients as referenced in Section II.A.1-3. and Section II.E.1. of this contract – Failure to comply with established assessment and prioritization criteria, as evidenced by eCIRTS reports, will result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.H. 2.Administrative responsibilities as referenced in Section II.E.3. of this contract – Failure to perform management and oversight of ADI Program operations will result in a 2% reduction of payment per business day. The reduction of payment will begin the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.H. 3.Timely submission of a CAP – Failure to timely submit a CAP within ten (10) business days after notification of a deficiency by the AAASWFL Contract Manager will result in a 2% reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL approved CAP, referenced in Section III.H. IV. SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the AAASWFL Contract Manager in writing no later than June 30, 2024. Email requests are considered acceptable. B. Contractor’s Financial Obligations 1. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the AAASWFL for the purpose specified in this contract. For each program managed by the Contractor, the Contractor must manage the service dollars in such a manner to avoid having a wait list and a surplus of funds at the end of the contract period. If the AAASWFL determines that the Contractor is not spending service funds accordingly, the AAASWFL may transfer funds to other AAAs during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 2. Cost Sharing and Co-payments Pursuant to Section 430.204(8), F.S., and Rule 58C-1.007, F.A.C., the dollar amount for co-payments associated with ADI must be calculated by applying the current federal poverty guidelines published by the U.S. Department of Health and Human Services. a.No co-payments will be assessed on a client whose income is at, or below, the federal poverty level (FPL) as established each year by the U.S. Department of Health and Human Services. b.No client may have their services terminated for inability to pay their assessed co-payment. The Contractor, in conjunction with provider agencies, must establish procedures to remedy financial hardships associated with co-payments and ensure there is no interruption in service(s) for inability to pay. If a client’s co-payment is reduced or waived entirely, a written explanation for the change must be placed in the client file. CAO (July 2023 – June 2024) ADI 203.23 Page 30 of 63 3. Contract Limits In no case shall the Contractor be required to incur costs more than the contract amount in providing services to the clients. C. Remedies for Nonconforming Services 1.The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely, and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. 2.If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition, any nonconforming goods and/or services not meeting such standards will not be reimbursed under this contract. The Contractor’s signature on the Request for Payment Form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. The AAASWFL requires immediate notice of any significant and/or systemic infractions that compromise the quality, security, or continuity of services to clients. D. Incident Reporting The Contractor shall notify the AAASWFL immediately but no later than forty-eight (48) hours from the Contractor’s awareness or discovery of changes that may materially affect the Contractor or any Subcontractor’s ability to perform the services required to be performed under this contract and in authorizing proviso. Such notice shall be made orally to the AAASWFL Contract Manager (by telephone) with an email to immediately follow, which shall include the Contractor’s plan for provision of services authorized in proviso. E. Investigation of Criminal Allegations Any report that contains allegations of criminal violations on the part of the Contractor or any Subcontractors and that is referred to a governmental or investigatory agency must be sent to the AAASWFL. If the Contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney’s office, or other governmental agency, the Contractor shall notify the Inspector General at the AAASWFL immediately. A copy of all documents, reports, notes, or other written material concerning the investigation, whether in the possession of the Contractor or Subcontractors, must be sent to the AAASWFL with a summary of the investigation and allegations. F. Volunteers If applicable, the Contractor shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as the Senior Community Service Employment Program or organizations carrying out federal service programs administered by the Corporation for National and Community Service). G. Enforcement 1.In accordance with Section 430.04, F.S., the AAASWFL may, without taking any intermediate measures available to it against the Contractor, rescind the Contractor’s designation as an AAA, if the AAASWFL finds that any of the following have occurred: a.An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of services covered pursuant to this contract. b.The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. c.The Contractor has committed multiple or repeated violations of legal and regulatory requirements, regardless of whether such laws or regulations are enforced by the AAASWFL, or the Contractor has committed multiple or repeated violations of AAASWFL standards.CAO (July 2023 – June 2024) ADI 203.23 Page 31 of 63 d.The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency. e.The Contractor has failed to adhere to the terms of this contract. f.The Contractor has failed to properly determine client eligibility as defined by the AAASWFL or efficiently manage program budgets; or g.The Contractor has failed to implement and maintain a AAASWFL-approved client grievance resolution procedure. 2.If the AAASWFL finds that any acts listed in Section IV.G.1.a.-g. above have occurred, in accordance with Section 430.04, F.S., the AAASWFL may, in its sole discretion, take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the Contractor on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 3.In making any determination under this provision, the AAASWFL may rely upon findings of another state or federal agency, or other regulatory body. Any claims for damages for breach of contract are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Leon County, Florida. In the event the AAASWFL initiates action to rescind an AAA designation, the AAASWFL shall follow the procedures set forth in 42 U. S. C. § 3025(b). H. Contract Modifications The AAASWFL’s Contract Manager has the authority to modify and/or extend deliverable deadlines. All deliverable extension requests must be made to the AAASWFL’s Contract Manager, in writing, prior to the required deadline. All approvals for deliverable extensions must be communicated, in writing, by the AAASWFL’s Contract Manager to the Contractor and are subject to the discretion of the AAASWFL’s Contract Manager. The requests and the approval must occur prior to the established deadline. An e-mail writing (request and response) is considered acceptable. I. Rate Increase Thresholds 1.For Service ProvidHU3URSRVHG5DWH,QFUHDVHVXSWR a.Service Provider rate increase requests received by the Department of Elder Affairs (DOEA) from an Area Agency on Aging (AAA) that are up to 5.0% above rate at time of contract execution are not required to be reYLHZHGDQGDSSURYHGE\WKH'2($ௗ7KH$$$VVKDOOIROORZWKHLUH[LVWLQJDJHQF\UDWHUHYLHZDQG DSSURYDOSURFHVVZKLFKDWDPLQLPXPVKDOOLQFOXGH i.A detailed written justification from the Service Provider describing the reason(s) for the interim rate DGMXVWPHQWௗ7KLVH[SODQDWLRQVKDOOLQFOXGHDGHWDLOHGDVVHVVPHQWRISRWHQWLDORUJDQL]DWLRQDODQGFOLHQW LPSDFWௗ7KHZULWWHQMXVWLILFDWLRQVKDOOSURYLGHVXIILFLHQWGHWDLOIRUWKH$$$WRUHYLHZLGHQWLI\LQJWKH service or commodity component(s) that are inFUHDVLQJ6HUYLFH3URYLGHUFRVWV ii.A current rate and a requested rate unit cost methodology. (Attachment XVII) 2.)RU6HUYLFH3URYLGHU3URSRVHG5DWH,QFUHDVHV([FHHGLQJ a.For Service Provider proposed rate increases of 5.01% or greater, the requirements detailed in i. and ii. DERYHVKDOODSSO\3/86VHFWLRQVLEHORZ i.Service Provider Proposed Rate Increases of 5.01% or greater must be reviewed and approved by '2($ௗ7KH$$$VVKRXOGIRUZDUGDOOVXFKUHTXHVWVWRWKHLU&RQWUDFW0DQDJHUDQGSURYLGHWhe IROORZLQJDGGLWLRQDOLQIRUPDWLRQ (1)The Service Provider must also provide in their written justification, reassurance that all other potential options to procure alternate suppliers, subcontractors, or other potential cost-efficiencies that could reduFHWKHSURSRVHGUDWHLQFUHDVHRIRUJUHDWHUKDYHEHHQH[SORUHGDQGUHMHFWHG (2)&RQWUDFW0DQDJHUVPD\UHTXHVWDGGLWLRQDOLQIRUPDWLRQIURPWKH6HUYLFH3URYLGHUYLDWKH$$$ Following DOEA’s review/decision, the DOEA Contract Manager shall notify the AAA via email RIDSSURYDOGLVDSSURYDODQGWKH$$$VKDOOSURFHHGDFFRUGLQJO\ 3.No Service Provider rate shall be increased before October 1, 2023. 4.Note: All rate increase thresholds mentioned in the above language is cumulative from Service Providers’ CAO (July 2023 – June 2024) ADI 203.23 Page 32 of 63 rates at the time of contract execution. END OF ATTACHMENT CAO (July 2023 – June 2024) ADI 203.23 Page 33 of 63 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the AAASWFL to the Contractor may be subject to audits and/or monitoring by the AAASWFL, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200 (formerly OMB Circular A-133 as revised), and Section 215.97, F.S., (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by the AAASWFL staff, limited scope audits and/or other procedures. By entering into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the AAASWFL. In the event the AAASWFL determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the 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 the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200, Subpart A. In the event that the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the 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 the 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 the Auditor General in accordance with the provisions of 2 CFR Part 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR § 200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, the cost of the audit must 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 AAASWFL 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 AAASWFL shall be fully disclosed in the audit report with reference to the AAASWFL 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 AAASWFL 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 CAO (July 2023 – June 2024) ADI 203.23 Page 34 of 63 This part is applicable if the Contractor is a non-state entity as defined by Section 215.97(2), F.S. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the AAASWFL 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 AAASWFL, 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 AAASWFL 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 AAASWFL shall be fully disclosed in the audit report with reference to the AAASWFL 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 AAASWFL 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 AAASWFL retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR § 200.512 by or on behalf of the Contractor directly to each of the following: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Pursuant to 2 CFR § 200.512, all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of any management letter issued by the auditor directly to the AAASWFL. CAO (July 2023 – June 2024) ADI 203.23 Page 35 of 63 Area Agency on Aging for Southwest Florida, Inc. Richard Cocchieri, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 Additionally, copies of financial reporting packages required by this contract’s Financial Compliance Audit Attachment, Part II, shall be submitted by or on behalf of the Contractor directly to each of the following: The AAASWFL at the following address: Area Agency on Aging for Southwest Florida, Inc. Richard Cocchieri, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 The Auditor General’s Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letters, or other information required to be submitted to the AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL. CAO (July 2023 – June 2024) ADI 203.23 Page 36 of 63 ATTACHMENT II EXHIBIT 1 PART I: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215.97, F.S. Contractors who are determined to be recipients or sub-recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 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. _____ 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 AAASWFL 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). ; CAO (July 2023 – June 2024) ADI 203.23 Page 37 of 63 **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 CAO (July 2023 – June 2024) ADI 203.23 Page 38 of 63 ATTACHMENT II EXHIBIT 2 FUNDING SUMMARY (2023-2024) 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: 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 Alzheimer’s Disease Initiative General Revenue 65.004 $984,394.00 TOTAL AWARD $984,394.00 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 GRANT AWARD (FAIN#): FEDERAL AWARD DATE: DUNS NUMBER: CAO (July 2023 – June 2024) ADI 203.23 Page 39 of 63 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA will not award this contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and Suspension Certification (29 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 Boycott of Israel Certification, section 287.135, F.S. G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Grants, Loans, and Cooperative Agreements H. Verification of Employment Status Certification I. Records and Documentation J. Certification Regarding Inspection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies, to the best of its knowledge and belief, that it and its principals: 1.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal AAASWFL or AAASWFL; 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, CAO (July 2023 – June 2024) ADI 203.23 Page 40 of 63 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 AAASWFL, 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 AAASWFL. 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 AAASWFL. 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 AAASWFL. 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 AAASWFL. 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. CAO (July 2023 – June 2024) ADI 203.23 Page 41 of 63 Contractor understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform DOEA immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with 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. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub- recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT 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 AAASWFL 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 CAO (July 2023 – June 2024) ADI 203.23 Page 42 of 63 to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, Contractors will take immediate action to assure data integrity. 3.If this contract includes the provision of hardware, software, firmware, microcode, or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4.In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to 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 AAASWFL, 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 AAASWFL staff and/or any party designated by the AAASWFL 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 AAASWFL. Maintenance includes valid exports and backups of all data and systems according to AAASWFL 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 AAASWFL is named in the civil action, Contractor agrees to indemnify and hold harmless the AAASWFL for any costs incurred by the AAASWFL and any attorneys’ fees assessed or awarded against the AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL (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. CAO (July 2023 – June 2024) ADI 203.23 Page 43 of 63 Additionally, I certify this organization does ____ does not ____provide for institutional memberships. Contractor’s signature below attests that records pertaining to the dues or membership application by the AAASWFL are available for inspection if applicable, as stated above. By execution of this contract, Contractor must include these provisions (A-J) in all related subcontract agreements (if applicable). By signing below, Contractor certifies that the representations outlined in parts A through J above are true and correct. Signature and Title of Authorized Representative Street Address Contractor Date City, State, Zip code ; 7$0,$0,75$,/( 1$3/(6)/ 7$1<$5:,//,$06 &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 As designee of the County Manager, pursuant to Resolution No. 2018-202.Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney Apppppppppppppppppppppppppppppppppppppppppppppppppppppppppppprpppppppppppppppppppppovooooooooooooooooooooooooooooooooooooooooooooooed as to Form annnnnnnnnnnnnnd dddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd Legality: ___________________________________________________________________________________________________________________________________________________________________________________________________ Derek D. Perry Assistant County Attorney CAO WilliamsTa nya Digitally signed by WilliamsTanya Date: 2023.07.11 09:44:55 -04'00' (July 2023 – June 2024) ADI 203.23 Page 44 of 63 ATTACHMENT IV 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 AAASWFL. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding AAASWFL. 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 AAASWFL, 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 AAASWFL 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 AAASWFL. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 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. CAO (July 2023 – June 2024) ADI 203.23 Page 45 of 63 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 AAASWFL 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 governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED 38%/,&659,&('(3$570(17+($' &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 7$1<$5:,//,$06 As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney ApApppppppppApAppppppppppApppppppppppppppppppppppApAppppppppppppApppAppppppApppppppppppppprrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrroved as to Form annnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnd dddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd Legality:A d d li ________________________________________________________________________________________________________________________________________________________________________________ Derek D. Perry Assistant County Attorney CAO Williams Tanya Digitally signed by WilliamsTanya Date: 2023.07.11 09:45:29 -04'00' 07/11/2023 (July 2023 – June 2024) ADI 203.23 Page 46 of 63 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: ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Total #% White % Black % Hispanic % Other % Female % Disabled % Over 40 2.Population of area served Source of data: 3.Staff currently employed Effective date: 4.Clients currently enrolled/registered Effective date: 5.Advisory/Governing Board if applicable For questions 2-5 please indicate the following: 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 DOEA? N/A YES NO 7.Compare the staff composition to the population. Is staff representative of the population?N/A YES NO 8.Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion, or disability? N/A YES NO 9.Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion, or disability? N/A YES NO 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? 12. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? Verbal Written Poster N/A YES NO N/A YES NO CAO (July 2023 – June 2024) ADI 203.23 Page 47 of 63 13.Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. N/A NUMBER ______ 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 necessary modifications? YES NO 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 the basis of disability? YES NO 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 DOEA USE ONLY Reviewed by In Compliance: YES NO* Program Office *Notice of Corrective Action Sent ___/___/___ Date Telephone Response Due ___/___/___ On-Site Desk Review Response Received ___/___/___ CAO (July 2023 – June 2024) ADI 203.23 Page 48 of 63 ATTACHMENT Vde 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 AAASWFL 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, CAO (July 2023 – June 2024) ADI 203.23 Page 49 of 63 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 AAASWFL 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. CAO (July 2023 – June 2024) ADI 203.23 Page 50 of 63 ATTACHMENT VI CONTRACTOR’S STATE CONTRACT LIST Contractor's State Contract List REPORT PERIOD: From: CONTRACTOR INFORMATION: To: Name: Phone: Address: Email: FEID: Contact: Contract # Contract/ Program Name State AAASWFL/ Program Start Date End Date Description of Contract Purpose/Types of Services Contract Manager Phone # Contract Amount 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - 13 $ - 14 $ - 15 $ - 16 $ - 17 $ - Total $ - SIGNATURE: DATE: TITLE: CAO (July 2023 – June 2024) ADI 203.23 Page 51 of 63 ATTACHMENT VII BACKGROUND SCREENING BACKGROUND SCREENING Attestation of Compliance - Employer ¾The term “employer” means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, 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. ¾A direct service provider is “a person 18 years of age or older who, pursuant to a program WRSURYLGHVHUYLFHVWRWKHHOGHUO\KDVGLUHFWIDFHဨWRဨIDFHFRQWDFWZLWKDclient 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 named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Signature of Representative Date DOEA Form 235, Attestation of Compliance - Employer, Effective January 19, 2021 F.S. Form available at: https://elderaffairs.org/wp-content/uploads/background-screening-affidavit-of-compliance-employer.pdf Section 435.05(3), AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 7$0,$0,75$,/(1$3/(6)/ 7$1<$5:,//,$06 Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney df Apppppppppppppppppppppppppppppppppppppppppppprpppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppovoooooooooooooooooooooooooooooooooooooooooooooooooooooooooooed as to Form and d ddddddddd d ddddd d ddddddddddddddddddddddddddddddddddddddddddd LeLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLgality: __________________________________________________________________________________________________________________________________________________________ Derek D. Perry Assistant County Attorney CAO As designee of the County Manager, pursuant to Resolution No. 2018-202. 07/11/2023 WilliamsTa nya Digitally signed by WilliamsTanya Date: 2023.07.11 09:46:15 -04'00' (July 2023 – June 2024) ADI 203.23 Page 52 of 63 ATTACHMENT VIII CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) CMBE FORM MUST ACCOMPANY INVOICES SUBMITTED TO DOEA CONTRACTOR NAME: __________________________________________________ DOEA CONTRACT NUMBER: __________________ *REPORTING PERIOD-FROM: ________________ TO: __________________ *(DATE RANGE OF RENDERED SERVICES, MUST MATCH INVOICE SUBMITTED TO DOEA) DOEA CONTRACT MANAGER: ________________________________________ REPORT ALL EXPENDITURES MADE TO CERTIFIED MINORITY BUSINESS (SUBCONTRACTORS). CONTACT DOEA CMBE COORDINATOR FOR ANY QUESTIONS, AT 850-414-2153. If unsure if subcontractor is a certified minority supplier, click on the hyperlink below. Enter the name of the supplier, click “search”. Only Certified Minority Business Entities will be displayed. https://osd.dms.myflorida.com/directories SUBCONTRACTOR NAME SUBCONTRACTOR’S FEID CMBE EXPENDITURES DOEA USE ONLY -- REPORTING ENTITY (DIVISION, OFFICE, ETC) SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO: JUSTIN TAYLOR CMBE COORDINATOR, CONTRACT ADMINISTRATION & PURCHASING, TALLAHASSEE, FLORIDA 32399-7000. CAO (July 2023 – June 2024) ADI 203.23 Page 53 of 63 INSTRUCTIONS (A) ENTER THE COMPANY NAME AS IT APPEARS ON YOUR DOEA CONTRACT. (B) ENTER THE DOEA CONTRACT NUMBER. (C) ENTER THE SERVICE PERIOD MATCHING THE CURRENT INVOICE’S SERVICE PERIOD. (D) ENTER ALL CERTIFIED MINORITY BUSINESS EXPENDITURES FOR THE TIME PERIOD COVERED BY THE INVOICE: 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 DOEA FINANCIAL ADMINISTRATION FOR PROCESSING. (F) FINANCIAL ADMINISTRATION WILL FORWARD ALL COMPLETED CMBE FORMS TO CONTRACT ADMINISTRATION & PURCHASING OFFICE. CAO (July 2023 – June 2024) ADI 203.23 Page 54 of 63 ATTACHMENT IX INVOICE REPORT SCHEDULE ALZHEIMER’S DISEASE INITIATIVE Report Number Based On Submit on This Date 1 July Advance* July 1 2 August Advance* July 1 3 July Expenditure Report August 10 4 August Expenditure Report September 10 5 September Expenditure Report October 10 6 October Expenditure Report November 10 7 November Expenditure Report December 10 8 December Expenditure Report January 10 9 January Expenditure Report February 10 10 February Expenditure Report March 10 11 March Expenditure Report April 10 12 April Expenditure Report May 10 13 May Expenditure Report June 10 14 June Expenditure Report July 10 15 Final Request for Payment July 25 Legend: * Advance based on projected cash need. CAO (July 2023 – June 2024) ADI 203.23 Page 55 of 63 ATTACHMENT X ANNUAL BUDGET SUMMARY ALZHEIMER’S DISEASE INITIATIVE PROGRAM SERVICES Respite $984,394.00 Total: $984,394.00 CAO (July 2023 – June 2024) ADI 203.23 Page 56 of 63 ATTACHMENT XI REQUEST FOR PAYMENT ALZHEIMERS DISEASE INITIATIVE PROGRAM RECIPIENT NAME, ADDRESS, PHONE# and FEID# TYPE OF REPORT : Contract # _________________ Contract Period: _________________ A. PAYMENT REQUEST: Report Period: _________________ Advance ______ Reimbursement _____ Report # _________________ Invoice # _________________ PSA: _________________ 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: _____________ (1) (2) (3) (4) PART A: BUDGET SUMMARY Administration Respite Projects Specialized Day Care TOTAL 1. Approved Contract Amount $0.00 $0.00 $0.00 $0.00 $0.00 2. Previous Funds Received for Contract Period $0.00 $0.00 $0.00 $0.00 $0.00 3. Contract Balance (line 1 minus line 2) $0.00 $0.00 $0.00 $0.00 $0.00 4. Previous Funds Requested and Not Received for Contract Period $0.00 $0.00 $0.00 $0.00 $0.00 5. Contract Balance (line 3 minus line 4) $0.00 $0.00 $0.00 $0.00 $0.00 PART B: CONTRACT FUNDS REQUEST 1. Anticipated Cash Needs (1st - 2nd month, Attach Justification) $0.00 $0.00 $0.00 $0.00 $0.00 2. Net Expenditures For Month $0.00 $0.00 $0.00 $0.00 $0.00 (DOEA Form 105Z Part B, Line 3) 3. TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 PART C: NET FUNDS REQUESTED 1. Less Advance Applied $0.00 $0.00 $0.00 $0.00 $0.00 2. Contract Funds are Hereby Requested for (Part B, Line 3 $0.00 $0.00 $0.00 $0.00 $0.00 minus Part C, Line 1) List of Services / Units / Rates provided - See attached report. DOEA FORM 106Z Revised 06/22 CAO (July 2023 – June 2024) ADI 203.23 Page 57 of 63 ATTACHMENT XII RECEIPT AND EXPENDITURE REPORT ALZHEIMERS DISEASE INITIATIVE PROGRAM 3529,'(51$0($''5(663+21(DQG)(,' Contract # _____________ Contract Period: _____________ Projects: _____________ Report Period: _____________ Specialized Day Care: ____________ Report # _____________ PSA: _____________ Invoice # _____________ 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 #DIV/0! 2. Program Income $0.00 $0.00 $0.00 #DIV/0! 3. Local Cash Match $0.00 $0.00 $0.00 #DIV/0! 4. SUBTOTAL: CASH RECEIPTS $0.00 $0.00 $0.00 #DIV/0! 5. Local In-Kind Match $0.00 $0.00 $0.00 #DIV/0! 6. TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIV/0! PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Administrative Services $0.00 $0.00 $0.00 #DIV/0! 2. Respite $0.00 $0.00 $0.00 #DIV/0! 3. Projects $0.00 $0.00 $0.00 #DIV/0! 4. Specialized Day Care $0.00 $0.00 $0.00 #DIV/0! 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV/0! PART C : OTHER REVENUE AND EXPENDITURES II. Interest: III. Advance Recouped I. Program Income (PI) 1. Earned on GR Advance $________________ $ ________________ 1. ADI: PI Collected YTD $_______________ 2. Return of GR Advance $_________________ 3. Other Earned $_____________________ PART D : CO-PAYMENTS CURRENT MONTH YEAR-TO-DATE 1. Total of Co-payments assessed $_______________ $_______________ 2. Total of Co-payments collected $_______________ $_______________ DOEA FORM 105Z Revised 06/22 (Includes co-payments collected) (For Tracking Purposes only) Program Funding Administrative Services: ___________ Respite: _____________ CAO (July 2023 – June 2024) ADI 203.23 Page 58 of 63 ATTACHMENT XIII COST REIMBURSEMENT SUMMARY Contract Number: Service Period: Report Number: Budget Category Description Number of Units Amount $0.00 $0.00AdministrationTOTAL ADMINISTRATION ExpensesTOTAL EXPENSES CAO (July 2023 – June 2024) ADI 203.23 Page 59 of 63 ATTACHMENT XIV SERVICE RATE REPORT These rates are to be considered the Maximum rates possible for all services. Services shall be invoiced up to these thresholds in accordance with Attachment I, Section IV. I. DELIVERABLES FY 22/23 MAXIMUM REIMBURSEMENT UNIT RATE METHOD OF PAYMENT UNIT TYPE CASE MANAGEMENT $94.50 Fixed Fee/Unit Rate HOUR RESPITE IN-HOME $24.99 Fixed Fee/Unit Rate HOUR SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES Cost Reimbursement Cost Reimbursement EPISODE CAO (July 2023 – June 2024) ADI 203.23 Page 60 of 63 ATTACHMENT XV DEPARTMENT OF ELDER AFFAIRS SILVER ALERT PROTOCOLS 1. Designated Memory Disorder Clinic (MDC) staff shall subscribe to the Department of Elder Affairs Silver Alert Listserv by entering their email address at http://lists.elderaffairs.org/listmanager/listinfo/silveralert. By subscribing to receive Silver Alert notifications, MDCs are automatically notified via email whenever a Silver Alert is issued. 2. When notification of a Silver Alert is received by the MDC, each Clinic Coordinator or designee reviews the information to determine: a) The county the endangered person is missing from, and b) The law enforcement agency that is reporting the Silver Alert. (The MDC that provides services in the county of the reporting law enforcement agency is responsible for following up on all Silver Alerts in that county.) 3. The MDC or designee contacts the reporting law enforcement agency to obtain the caregiver/contact person’s name, phone number and address to enable the MDC coordinator or designee to follow up and assist the family with information and resources. The MDC Coordinator or designee completes the upper portion of the referral form (Attachment XVI) including the caregiver/contact person information. If it is determined that the endangered person resides in another county, then the MDC coordinator or designee will contact the MDC serving the county of residence and send the referral form within one to three (1-3) business days. 4. The MDC Coordinator or designee in the county of residence will contact the caregiver/contact person in a timely manner [upon receipt of contact information from law enforcement or within three (3) business days.] This activity is reported under number 6, “phone information/support/counseling,” on the MDC Quarterly Report form. (Note: If the endangered person has been recovered at the time of this contact, the MDC Coordinator will proceed with steps 1 and 2 as indicated below under “Upon Recovery of Endangered Person.”) Upon Recovery of Endangered Person The MDC shall contact the caregiver/contact person: 1. MDC Coordinator or designee shall assess the situation and provide Alzheimer’s disease/dementia information and referrals as needed. The MDC Coordinator or designee shall offer to make a referral to the Aging and Disability Resource Center (ADRC). 2. If the caregiver/contact person consents to the ADRC referral, then the MDC Coordinator or designee shall send the Silver Alert Services Referral Form (Attachment XVI) to the ADRC serving the county of residence and inform the caregiver/contact person that a representative from the ADRC will contact them. This activity shall be reported under number 4, “Referrals,” on the MDC Quarterly Report form. If the MDC makes a referral to the ADRC: 1. ADRC initiates contact with the caregiver. 2. ADRC provides information regarding community resources and makes referrals as appropriate for caregiver and endangered person. The ADRC may also, screen the endangered person for services. 3. Within fourteen (14) business days, the ADRC completes the Silver Alert Services Referral Form and sends a copy back to the MDC noting all services and referrals provided and/or arranged. 4. The MDC retains the Silver Alert Services Referral Form. Compilation of Data Each MDC will track Silver Alerts in the designated service areas to ensure that follow-up has been completed and disposition noted after the endangered person is returned home. A copy of Silver Alert Referral Form, regardless of outcome, shall be emailed to the DOEA Contract Manager at memorydisorderclinic@elderaffairs.org CAO (July 2023 – June 2024) ADI 203.23 Page 61 of 63 ATTACHMENT XVI DEPARTMENT OF ELDER AFFAIRS AGING AND DISABILITY RESOURCE CENTER (ADRC) SILVER ALERT SERVICES REFERRAL FORM Date of Referral Received: Referring MDC: MDC Contact Name: MDC Phone: ADRC: ADRC Contact Person: ADRC Phone: County: Notes/Comment: Endangered Person Name: Address: City: State: Zip Code: Age: DOB: Lives with Caregiver: Yes / No Lives Alone: Yes / No Caregiver Name: Relationship: Phone: Alternate Phone: Services/Referrals Provided by ADRC: Notes/ Comments: CAO (July 2023 – June 2024) ADI 203.23 Page 62 of 63 1.ADRC initiates contact with the caregiver. 2. ADRC provides information regarding community resources and makes referrals as appropriate for caregiver and endangered person. The ADRC may also screen the endangered person for services. 3. Within fourteen (14) business days, the ADRC completes the ADRC Silver Alert Services Referral Form and sends a copy back to the MDC noting all services and referrals provided and/or arranged. 4.The MDC retains the Silver Alert Services Referral Form. Compilation of Data Each MDC will track Silver Alerts in the designated service areas to ensure that follow-up has been completed and disposition noted after the endangered person is returned home. No modifications are to be made to this form unless authorized by DOEA. CAO (July 2023 – June 2024) ADI 203.23 Page 63 of 63 ATTACHMENT XVII SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM BUDGET YEAR: RECIPIENT NAME: PRIOR YEAR RATE: Service LINE-ITEM EXPENSES Prior Year Historical Costs Rate at Contract Execution Current Rate Requested Rate % Change (between Contract Execution and Requested) Wages - Fringe Benefits (Formula Allocated) - Fringe Benefits (Manual Allocation) - Travel - Education/Training - Communications & Postage - Utilities - Printing & Supplies - Advertising - Insurance - Maintenance & Repair - Space Costs (Rent) - Equipment - Professional fees/Legal/Audit - Program Supplies - Depreciation - Food & Food Supplies - Other - TOTAL ALLOWABLE COSTS $0.00 $0.00 $0.00 $0.00 0.00% CAO Revised August 2007 Attestation Statement Agreement/Contract Number_ Amendment Number I, , attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and . (Recipient/Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement/contract content. Signature of Recipient/Contractor representative Date Revised August 2007 $', 7$1<$5:,//,$06 &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 CAO As designee of the County Manager, pursuant to Resolution No. 2018-202. * * Clarification note: Insubstantial changes to signature blocks made to reflect staff authority and attorney review; no changes to the substance or wording of the contract/agreement were made. WilliamsTan ya Digitally signed by WilliamsTanya Date: 2023.07.11 09:47:16 -04'00'07/11/2023 (July 2023 – June 2024) HCE 203.23 Page 1 of 59 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. d/b/a 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 AAASWFL 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 AAASWFL. 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 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 July 1, 2023, or on the date the contract has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59) P.M., Eastern Standard Time June 30, 2024. 4. Contract Amount: The AAASWFL agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $55,538.00, 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.), the 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 the 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 the 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 CAO (July 2023 – June 2024) HCE 203.23 Page 2 of 59 Certification and Assurances Attachment, which must be completed and returned to the Contract Manager prior to the execution of this contract. 6.1.4 In accordance with Appendix 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. The 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 the 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 the 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 the DOEA Contract Manager prior to payment. 7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Attachment I, Section III. Method of Payment. 7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. CAO (July 2023 – June 2024) HCE 203.23 Page 3 of 59 7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit invoices for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided in this contract. 7.3.6 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in Section 119.011(12), F.S., made or received by the Contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The Contractor’s refusal to comply with this provision will constitute an immediate breach of contract for which the 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.C). 7.5 Subcontractors who are on the Discriminatory Vendor List may not transact business with any public entity, in accordance with the provisions of Section 287.134, F.S. 7.6 The Contractor shall comply with the provisions of Section 11.062, F.S., and Section 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state AAASWFL. 7.7 The 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. 7.1 The Contractor shall comply with all applicable Florida and federal laws, including but not limited to, Chapters DQG)ORULGD6WDWXWHV 8. Background Screening: The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as they may be amended, are met regarding background screening background screening for all employees, volunteers, and persons seeking employment who are “direct service providers” as that term is defined in Section 430.0402(1)(b) and who are not exempted from Level 2 background screening by Section 430.0402(2). The Contractor and its direct service providers, must also comply with any applicable rules promulgated by the AAASWFL 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 the AAASWFL within thirty (30) days of execution of this contract. Should the AAASWFL have a completed Screening Form on file for the Contractor, CAO (July 2023 – June 2024) HCE 203.23 Page 4 of 59 a new Screening Form shall be submitted to the 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 the AAASWFL’s Contract Manager within thirty (30) days upon notification. 8.1 Further information concerning the procedures for background screening may be found at https://elderaffairs.org/about-us/background-screening 9. Grievance Procedures: The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to process and resolve client dissatisfaction with, or denial of, service(s) and to address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the Subcontractor’s determination(s). 10. Public Records and Retention: 10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAASWFL to perform the contracted services. 10.1.2 Upon request from the AAASWFL’s custodian of public records, provide the AAASWFL a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the AAASWFL. 10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the AAASWFL, all public records in possession of the Contractor to the AAASWFL or will keep and maintain public records required by the AAASWFL. If the Contractor transfers all public records to the 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 the AAASWFL in a format that is compatible with the information technology systems of the AAASWFL. 10.2 The 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 THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Area Agency on Aging for Southwest Florida, Inc. 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 239-652-6900 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Contractor and Subcontractors shall, at no cost to the AAASWFL, transfer all public records in their possession to the 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 the AAASWFL in a format that is compatible with the information technology systems of the AAASWFL. CAO (July 2023 – June 2024) HCE 203.23 Page 5 of 59 11. Audits, Inspections, Investigations: 11.1 The Contractor shall establish and maintain books, records, and documents (including electronic storage media) sufficient to reflect all assets, obligations, unobligated balances, income, interest, and expenditures of funds provided by the 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 the AAASWFL. 11.3 Upon demand, at no additional cost to the 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 the AAASWFL. 11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the 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 the 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 AAASWFL 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 AAASWFL 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 CAO (July 2023 – June 2024) HCE 203.23 Page 6 of 59 programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status, or sex. 12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete, and accurate Civil Rights Compliance Checklist, attached to this contract. 12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor further assures that all Subcontractors, Vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the any statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that the 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 the AAASWFL: The Contractor shall permit persons duly authorized by the 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 the AAASWFL of the satisfactory performance of the terms and conditions of this contract. Following such review, the 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 the AAASWFL’s Contract Manager. 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 the 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 the 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 AAASWFL’s lead administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, and/or investigators. 16. New Contract(s) Reporting: The Contractor shall notify the 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 AAASWFL and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the Contractor shall complete the Contractor’s State Contracts List attached to this contract. 17. Indemnification: The Contractor shall indemnify, save, defend, and hold harmless the AAASWFL and its agents and employees from and against all claims, damages, losses, and expenses including attorney’s fees arising out of or resulting from the execution of this contract or performance of the services provided for herein. It is understood and agreed that the Contractor is not required to indemnify the AAASWFL for claims, demands, actions, or causes of action arising solely out of the negligence of the 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 the AAASWFL and state agencies or subdivisions defined in Section 768.28(2), F.S. CAO (July 2023 – June 2024) HCE 203.23 Page 7 of 59 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 AAASWFL or subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial protections for the Contractor and the clients to be served under this contract. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor’s liability and obligations under this contract. The Contractor shall ensure that the 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. The 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 the 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 the AAASWFL’s Contract Manager (by telephone) with an email to immediately follow. 21.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (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 the 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 the 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) and the State of Florida, Department of Elder Affairs.” If the sponsorship reference is in written material, the words “State of Florida, Department of Elder Affairs” shall appear in at least the same size letters or type as the name of the organization. 23.2 The Contractor shall not use the words “State of Florida, Department of Elder Affairs” to indicate sponsorship of a program otherwise financed, unless specific written authorization has been obtained by the AAASWFL prior to such use. CAO (July 2023 – June 2024) HCE 203.23 Page 8 of 59 24. Assignments: 24.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written approval of the AAASWFL. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the AAASWFL shall constitute a material breach of the contract. In the event the State of Florida approves assignment of the Contractor’s obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with this contract. 24.2 The State of Florida is, at all times, entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental AAASWFL in the State of Florida upon giving prior written notice to the Contractor. 24.3 This contract shall remain binding upon the successors in interest of the Contractor and the AAASWFL. 25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the AAASWFL deems necessary. The Contractor further agrees that the AAASWFL will not be liable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the AAASWFL against any such claims. 25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the AAASWFL or other state AAASWFL. Failure to make payments to any Subcontractor in accordance with Section 287.0585, F.S., unless otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty as provided by statute. 26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor and any of its Subcontractors are independent Contractors and are not employees of the AAASWFL, and that they shall not hold themselves out as employees or agents of the AAASWFL without prior specific authorization from the AAASWFL. It is the further intent and understanding of the Parties that the 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. 27. Payment: Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in Attachment I. The DOEA Contract Manager will have final approval of the Contractor’s invoice submitted for payment and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the 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. A Vendor Ombudsman has been established within the Florida Department of Financial Services and may be contacted at 800-342-2762. 28. Return of Funds: The Contractor shall return to the 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 the 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 the AAASWFL. In the event that the AAASWFL first discovers an overpayment has been made, the DOEA Contract Manager 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. 29. Data Integrity and Safeguarding Information: The Contractor shall ensure an appropriate level of data security for the information the Contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor CAO (July 2023 – June 2024) HCE 203.23 Page 9 of 59 employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract. 30. Social Media and Personal Cell Phone use: 30.1 Inappropriate use of social media and personal cell phones may pose risks to 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, 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 or other state business. This contract applies to any DOEA 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 DOEA and Contractors Equipment. This contract applies regardless of whether the social media is accessed using DOEA’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 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 DOEA 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 DOEA with Communications. Contactors may be asked periodically to assist in distributing certain DOEA 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. 31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the selection or in the award of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization which employs, or is about to employ, any of the above individuals, has a financial or other interest in the firm being selected for award. The Contractor’s or Subcontractor’s officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Contractors, potential Contractors, or parties to Subcontracts. The Contractor’s board members and management must disclose to the 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. CAO (July 2023 – June 2024) HCE 203.23 Page 10 of 59 32. Public Entity Crime: Pursuant to Section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the Convicted Vendor List. 33. Purchasing: 33.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. 33.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED 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 AAASWFL INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AAASWFL ARE CONCERNED. 33.1.2 Pursuant to sections 413.036(1) and (4), F.S., the Contractor shall not be required to procure a product or service from RESPECT if: (a) the product or service is not available within a reasonable delivery time, (b) the Contractor is required by law to procure the product or service from any AAASWFL of the state, or (c) the Contractor determines that the performance specifications, price, or quality of the product or service is not comparable to the Contractor's requirements. 33.1.3 This act shall have precedence over any law requiring state AAASWFL procurement of products or services from any other nonprofit corporation unless such precedence is waived by the AAASWFL in accordance with its rules. 33.1.4 Additional information about the designated nonprofit AAASWFL and the products it offers is available at http://www.respectofflorida.org. 33.2 The Contractor shall procure any recycled products or materials which are the subject of, or are required to carry out, this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065, F.S. 33.3 The Contractor shall procure products and/or services required to perform this contract in accordance with section 946.515, F.S. 33.3.1 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 AAASWFL 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 CAO (July 2023 – June 2024) HCE 203.23 Page 11 of 59 must be forwarded to the AAASWFL, Division of Financial Administration, and must accompany each invoice submitted to the AAASWFL. The Office of Supplier Diversity (850-487-0915) will assist in furnishing names of qualified minorities. The AAASWFL’s Minority Coordinator (850-414-2153) will assist with questions and answers. The CMBE Report is attached to this contract. 34. Patents, Copyrights, Royalties: If this contract is awarded state funding and if any discovery, invention, or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract or in any way connected with this contract, or if ownership of any discovery, invention, or copyrightable material was purchased in the course of or as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention, or copyrightable material to the 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. 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 the 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 the DOEA Contract Manager, verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the 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 the AAASWFL upon request. The Contractor shall promptly investigate, fully document, and notify the DOEA Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the DOEA Contract Manager. 36.3 The Contractor’s property management standards for equipment (including replacement equipment), whether acquired in whole or in part with federal funds and federally-owned equipment shall, at a minimum, meet the CAO (July 2023 – June 2024) HCE 203.23 Page 12 of 59 following requirements and shall include accurately maintained equipment records with the following information: 36.3.1 Property records must be maintained that include a description of the equipment; 36.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; 36.3.3 Source of funding for the equipment, including the federal award identification number; 36.3.4 Whether title vests in the Contractor or the federal government; 36.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government); 36.3.6 Information from which one can calculate the percentage of federal participation in the cost of the equipment (not applicable to equipment furnished by the federal government); 36.3.7 Location, use and condition of the equipment and the date the information was reported; 36.3.8 Unit acquisition cost; and 36.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding Agency for its share. 36.3.10 A physical inventory must be taken, and the results reconciled with the property records at least once every two (2) years. 36.3.11 A control system must 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 the AAASWFL or purchased with funds provided through this contract without first obtaining the approval of the DOEA Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the AAASWFL’s Contract Manager. The request should include a brief description of the property, purchase price, funding source, and percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractor’s proposed disposition of the property (i.e., transfer or donation to another AAASWFL that administers federal programs, offer of the items for sale, destroy the items, etc.). 36.6 The DOEA Contract Manager will issue disposition instructions. If disposition instructions are not received within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR § 200.313 or 45 CFR § 75.320, as applicable. 36.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of the 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. CAO (July 2023 – June 2024) HCE 203.23 Page 13 of 59 36.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 36.9 The Contractor must adhere to the 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 the AAASWFL upon request. The Contractor has the responsibility to require any Subcontractors to comply with the 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. 38. Use of State Funds to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by the DOEA Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 40. Financial Consequences: If the Contractor fails to meet the minimum level of service or performance identified in this contract, the 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 Leon County, Florida. 43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the AAASWFL or the Contractor unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Majeure: 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 the AAASWFL’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. CAO (July 2023 – June 2024) HCE 203.23 Page 14 of 59 47. Addition/Deletion: The Parties agree that the 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 the AAASWFL to exercise or enforce any of its rights under this contract will not constitute or be deemed a waiver of the 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 the AAASWFL. 50. Final Invoice: The Contractor shall submit the final invoice for payment to the 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 the 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 the 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 the AAASWFL’s operating budget. 52. Suspension of Work: The 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. The 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, the 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. The AAASWFL, by written notice to the Contractor, may terminate this contract in whole or in part when the 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. The 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 CAO (July 2023 – June 2024) HCE 203.23 Page 15 of 59 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 the AAASWFL. The rights and remedies of the 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: The 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. 54.1 The AAASWFL’s authorization pursuant to this section does not authorize electronic transactions between the Contractor and the AAASWFL. The Contractor is authorized to conduct electronic transactions with the AAASWFL only upon further written consent by the AAASWFL. 54.2 Upon request by the AAASWFL, the Contractor shall provide the AAASWFL with non-electronic (paper) copies of records. Non-electronic (paper) copies provided to the 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 Manager: The AAASWFL may substitute any AAASWFL employee to serve as the DOEA Contract Manager. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK CAO (July 2023 – June 2024) HCE 203.23 Page 16 of 59 56. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): a. The Contractor name, as shown on page 1 of this contract, and mailing address of the official payee to whom the payment shall be made is: Collier County Board of County Commissioners 3329 E Tamiami Trail, Building H Naples, FL 34112 b. The name of the contact person and street address where financial and administrative records are maintained is: Kristi Sonntag, Director &RPPXQLW\ Human Services Collier County Board of County Commissioners 339 E Tamiami Trail, Naples, FL 34112 c. The name, address, and telephone number of the representative of the Contractor responsible for administration of the program under this contract is: .ULVWL6RQQWDJ'LUHFWRU&RPPXQLW\ +XPDQ 6HUYLFHV&ROOLHU&RXQW\%RDUGRI&RXQW\ &RPPLVVLRQHUV(7DPLDPL7UDLO 1DSOHV)/ 239-252- d. The section and location within the AAASWFL where Requests for Payment and Receipt and Expenditure forms are to be mailed is: Area Agency on Aging for Southwest Florida, Inc 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 e. The name, address, and telephone number of the Contract Manager for this contract is: Richard Cocchieri, CFO Area Agency on Aging for Southwest Florida, Inc 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 239-652-6922 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party. 57. All Terms and Conditions Included: This contract and its Attachments I – XVIII, 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-nine (59) page contract to be executed by their undersigned officials as duly authorized. Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 DUNS: 076997790 CONTRACTOR: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: SIGNED BY:_______________________________ NAME: NAME: MARICELA MORADO TITLE: TITLE: CEO/PRESIDENT DATE: DATE:_____________________________________ 7$1<$5:,//,$06 38%/,&6(59,&('(3$570(17+($' As designee of the County Manager, pursuant to Resolution No. 2018-202.Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney __________________________ Apppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppprppppppppppppppppppppppppppppppppovvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvved as to FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFForm m mmm mm mmm mmmm m mmmmmmmmmmm anananannnnnnnnannnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnd LeLeLeeLeLeeLeLeLeeeeeeeLeLeLeeLeeLeeeLeeLeLLLeLLeLLLLLLLLLLLLgaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaalillllllllllllllllllllllllllllllllty: __________________________________________________________________ Derek D. Perry Assistant County Attorney CAO 07.12.2307/11/2023 WilliamsT anya Digitally signed by WilliamsTanya Date: 2023.07.11 09:49:03 -04'00' Maricela Morado Digitally signed by Maricela Morado Date: 2023.07.12 08:19:52 -04'00' (July 2023 – June 2024) HCE 203.23 Page 17 of 59 INDEX OF ATTACHMENTS ATTACHMENT I ............................................................................................................................................... 18 STATEMENT OF WORK .................................................................................................................................. 18 ATTACHMENT II ............................................................................................................................................. 32 FINANCIAL AND COMPLIANCE AUDIT ...................................................................................................... 32 EXHIBIT 1 ........................................................................................................................................................ 35 EXHIBIT 2 ........................................................................................................................................................ 37 ATTACHMENT III ............................................................................................................................................ 38 CERTIFICATIONS AND ASSURANCES ......................................................................................................... 38 ATTACHMENT IV ............................................................................................................................................ 43 ASSURANCES—NON-CONSTRUCTION PROGRAMS .................................................................................. 43 ATTACHMENT V.............................................................................................................................................. 45 FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST ................. 45 INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST .................................................... 47 ATTACHMENT VI ............................................................................................................................................ 49 CONTRACTOR’S STATE CONTRACT LIST ................................................................................................... 49 ATTACHMENT VII .......................................................................................................................................... 50 BACKGROUND SCREENING ......................................................................................................................... 50 ATTACHMENT VIII ......................................................................................................................................... 51 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) ...................... 51 ATTACHMENT IX ............................................................................................................................................ 53 ANNUAL BUDGET SUMMARY ....................................................................................................................... 53 ATTACHMENT X.............................................................................................................................................. 54 INVOICE REPORT SCHEDULE ..................................................................................................................... 54 ATTACHMENT XI ............................................................................................................................................ 55 REQUEST FOR PAYMENT .............................................................................................................................. 55 ATTACHMENT XII .......................................................................................................................................... 56 RECEIPT AND EXPENDITURE REPORT ...................................................................................................... 56 ATTACHMENT XIII ......................................................................................................................................... 57 COST REIMBURSEMENT SUMMARY ............................................................................................................ 57 ATTACHMENT XIV ......................................................................................................................................... 58 SERVICE RATE REPORT ................................................................................................................................ 58 ATTACHMENT XV ........................................................................................................................................... 59 SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM ..................................... 59 CAO (July 2023 – June 2024) HCE 203.23 Page 18 of 59 ATTACHMENT I STATEMENT OF WORK I. SERVICES TO BE PROVIDED A. Definitions of Terms 1. Acronyms Activities of Daily Living (ADLs) Area Agency on Aging (AAA) Access Priority Consumer List (APCL) Adult Protective Services (APS) Code of Federal Regulations (CFR) Corrective Action Plan (CAP) Community Care for Disabled Adults (CCDA) Community Care for the Elderly (CCE) Enterprise Client Information and Registration Tracking System (eCIRTS) Department of Children and Families (DCF) Florida Administrative Code (F.A.C.) Florida Department of Elder Affairs (DOEA or Department) Florida Statutes (F.S.) Home Care for Disabled Adults (HCDA) Home Care for the Elderly (HCE) Institutional Care Program (ICP) Instrumental Activities of Daily Living (IADLs) Notice of Instruction (NOI) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) United States Code (U.S.C.) 2. Program-Specific Terms Aging Out: The condition of reaching sixty (60) years of age and being transitioned from DCF’s CCDA or HCDA services to community-based services. Area Plan: A plan developed by the AAASWFL outlining a comprehensive and coordinated service delivery system in its PSA in accordance with the Section 306 of the Older Americans Act (42 U.S.C. § 3026) and DOEA instructions. The Area Plan includes performance measures and unit rates per service offered per county. Area Plan Update: A revision to the Area Plan wherein the AAASWFL enters HCE-specific data in eCIRTS. An update may also include other revisions to the Area Plan as instructed by the DOEA. Department of Elder Affairs Programs and Services Handbook (DOEA Handbook): An official document of DOEA. The DOEA Handbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers of DOEA-funded programs. An annual update is provided through a NOI. Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive living arrangement. CAO (July 2023 – June 2024) HCE 203.23 Page 19 of 59 NOI: The AAASWFL’s established method to communicate to the Contractor the requirement to perform a specific task or activity in a particular manner. NOIs are located on the Department’s website at https://elderaffairs.org/news-events/ Program Highlights: Success stories, quotes, testimonials, or human-interest vignettes that are used in the SOPS to demonstrate how programs and services help elders, families, and caregivers. Summary of Programs and Services (SOPS): A document produced by the DOEA and updated yearly to provide the public and the Legislature with information about programs and services for Florida’s elders. B. GENERAL DESCRIPTION 1. General Statement The purpose of the HCE Program is to encourage the provision of care for elders in family-type living arrangements in private homes as an alternative to nursing homes or other institutional care settings. 2. Home Care for the Elderly Program Mission Statement The HCE Program assists caregivers of three (3) or fewer elders, living in private homes, through the provision of a basic subsidy for maintenance and supervision, as well as other necessary specialized services. 3. Authority The relevant authority governing the HCE Program includes: a.Sections 430.601-430.606 and 430.608, F.S.; b.Chapter 58H-1, F.A.C; and c.The Catalog of State Financial Assistance (CSFA) Number 65001. 4. Scope of Service The Contractor is responsible for the programmatic, fiscal, and operational management of the HCE Program. The program services shall be provided in a manner consistent with the Contractor’s current Area Plan, as updated, and the current DOEA Handbook, which are incorporated by reference. The Contractor agrees to be bound by all subsequent amendments and revisions to the DOEA Handbook, and the Contractor agrees to accept all such amendments and revisions via a NOI. 5. Major Program Goals The major goals of the HCE Program are to ensure that: a.A basic subsidy is provided to the caregiver of each client; and b.A special subsidy is provided when essential to the well-being of the client. C. Clients to be Served 1. General Description The HCE Program serves elders age sixty (60) and older at risk of placement in a nursing home or other institutional setting who can remain in a family-style setting with a caregiver through the provision of subsidies. 2. Client Eligibility Clients eligible to receive services under this contract must meet the following requirements in accordance with Rule 58H-1.005, F.A.C.: a.Be sixty (60) years of age or older; b.Be a current resident of the State of Florida with the intent to remain in the state; and c.Meet the criteria for functional and financial eligibility set forth below: i.Be at risk of nursing home placement based on DOEA 701B assessment; and ii.Have self-declared income and assets which do not exceed the ICP limits established by Medicaid and DCF, or CAO (July 2023 – June 2024) HCE 203.23 Page 20 of 59 iii.Receive Supplemental Security Income (SSI), or iv.Receive benefits as a Qualified Medicare Beneficiary (QMB) or as a Special Low-Income Medicare Beneficiary (SLMB); and v.Have an approved caregiver who meets the caregiver requirements pursuant to Rule 58H-1.006, F.A.C., and the dwelling requirements pursuant to Rule 58H-1.007, F.A.C. 3. Caregiver Eligibility Caregivers eligible to receive services under this contract must: a.Be at least eighteen (18) years of age; b.Be capable of providing a family-type living environment for the home care client/recipient; c.Be a relative or friend who has been accepted by the client as surrogate family, or a responsible adult with whom the client has made an arrangement to provide home care services; d.Be willing to accept responsibility for the social, physical, and emotional needs of the home care client/recipient; e.Be physically present and live in the home to provide supervision and to assist in arrangement of services for the client; f.Maintain the residential dwelling free of conditions that pose an immediate threat to the life, safety, health and well-being of the home care client in accordance with Rule 58H-1.007, F.A.C; and g.Be without record of conviction of abuse, neglect, or exploitation of another person. 4. Targeted Groups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an institution. II. MANNER OF SERVICE PROVISION A. Service Tasks To achieve the goals of the HCE Program, the Contractor shall perform, or ensure that its subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in Section I.C.2. and I.C.3. 2. Assessment and Prioritization of Service Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients in the sequence below for service delivery. It is not the intent of the 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 the 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 AAASWFL’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. CAO (July 2023 – June 2024) HCE 203.23 Page 21 of 59 3. Program Services The AAASWFL shall ensure the provision of program services is consistent with the current Area Plan and the current DOEA Handbook. B. Staffing Requirements 1. Staffing Levels The Contractor shall assign its own administrative and support staff as needed to perform the tasks, responsibilities, and duties under this contract and ensure that subcontractors dedicate adequate staff accordingly. 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the current DOEA Handbook. 3. Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs including, at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time. 4. Use of Subcontractors If this contract involves the use of a subcontractor or third party, then the Contractor shall not delay the implementation of its agreement with the subcontractor. If any circumstance occurs that may result in a delay for a period of sixty (60) days or more of the initiation of the subcontract or the performance of the subcontractor, the Contractor shall notify the AAASWFL’s Contract Manager and the AAASWFL’s Chief Financial Officer in writing of such delay. The Contractor shall not permit a subcontractor to perform services related to this agreement without having a binding subcontractor agreement executed prior to the subcontractor’s performance. The AAASWFL will not be responsible or liable for any obligations or claims resulting from such action. a. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the AAASWFL’s Contract Manager within thirty (30) days of the subcontract being executed. b. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per year, each of its subcontractors, 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. c. Copies of Subcontractor Monitoring Reports The Contractor shall forward a copy of all subcontractor monitoring reports to the AAASWFL’s Contract Manager within thirty (30) days of the report being issued to the subcontractors, subrecipients, vendors, and/or consultants. C. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. CAO (July 2023 – June 2024) HCE 203.23 Page 22 of 59 1. Delivery of Services to Eligible Clients 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 not provide Special Subsidies, case management, or case aide services directly to clients or caregivers. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: a. Basic Subsidy The Contractor shall ensure that the Basic Subsidy is a cash payment of $160.00 made to an approved caregiver each month to reimburse expenses incurred in caring for the client as detailed herein and in the current DOEA Handbook. The Basic Subsidy is provided for support and maintenance of the care client/recipient, including housing, food, clothing, and medical costs not covered by Medicaid, Medicare, or any other insurance. A Basic Subsidy shall be paid to authorized caregivers when the client is in the home for any part of the month. b. Special Subsidy Services The Contractor shall ensure that the Special Subsidy payments are pre-authorized and are based on additional specialized medical or health care services, supplies, or equipment needed to maintain the health and well-being of the individual elder. The Special Subsidy for additional medical support and special services is a cash payment to reimburse the costs of any other service or special care not covered by Medicaid, Medicare, or private insurance when these services are determined to be essential to maintain the well-being of the home care client/recipient. A Special Subsidy shall be paid to the authorized caregivers when the client is in the home for any part of the month. Special Subsidy services may be authorized through a subcontractor agreement. All Special Subsidy services must be performed in accordance with the current DOEA Handbook. Special Subsidy services include the following: 1) Adult Day Care 2) Adult Day Health Care 3) Assurance (Telephone and In-Person) 4) Caregiver Training/Support 5) Chore 6) Chore (Enhanced) 7) Congregate Meals 8) Congregate Meals Screening 9) Counseling (Gerontological) 10) Counseling (Mental Health/Screening) 11) Education/Training 12) Home Health Aide Service 13) Homemaker 14) Home Delivered Meals 15) Housing Improvement 16) Information 17) Material Aid 18) Occupational Therapy 19) Other 20) Personal Care 21) Pest Control 22) Physical Therapy 23) Respite (Facility Based or In-Home) 24) Shopping Assistance 25) Skilled Nursing Services 26) Specialized Medical Equipment, Services and Supplies 27) Speech Therapy 28) Transportation c. Access to, and Coordination of, Services The Contractor shall ensure, through case management and case aide services, that the HCE client’s needs are documented, and needed services are planned, arranged, and coordinated for the client and caregiver. 2. Service Units The Contractor shall ensure that the provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II.A. Attachment XIV, Service Rate Report, lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Contractor’s Area Plan as updated, as shown in Attachment XIV, and approved by the AAASWFL. 3. Administrative Responsibilities CAO (July 2023 – June 2024) HCE 203.23 Page 23 of 59 The AAASWFL shall provide management and oversight of HCE Program operations in accordance with the current DOEA Handbook and the DOEA-approved Contractor’s Area Plan and Cost Analysis. Management and oversight of HCE Program operations include the following: a.Developing a competitive solicitation process for allocation of HCE funds, including appeal procedures for handling disputes involving local service providers; b.Developing an Area Plan and updating it annually, at a minimum, as directed by the DOEA. c.Designating appropriate and capable local service providers and establishing vendor agreements at the AAA level, when applicable for local service providers and HCE services according to manuals, rules, and agreement procedures of DOEA; d.Providing technical assistance and training to local service providers, subcontractors, and vendors to ensure provision of quality services; e.Monitoring and evaluating local service providers, subcontractors, and vendors for fiscal, administrative, and programmatic compliance; f.Appropriately and timely submitting payments to subcontractors; g.Arranging in-service training for local service providers at least annually; h.Establishing procedures for handling recipient complaints and ensuring that subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services, 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; i.Ensuring compliance with eCIRTS regulations; j.Monitoring performance objective achievements in accordance with targets; and k.Conducting annual client satisfaction surveys to evaluate and improve service delivery. D. Reports The Contractor shall respond within ten (10) business days, or within deadlines established by the AAASWFL, to the AAASWFL’s request for routine and/or special requests for information and ad hoc reports. The Contractor must establish due dates for any subcontractors that permit the Contractor to meet the AAASWFL’s reporting requirements. 1. Area Plan Update and All Revisions Thereto The AAASWFL is required to submit an Area Plan and an annual update wherein the AAASWFL enters HCE- specific data in the eCIRTS. 2. eCIRTS Reports The Contractor shall input HCE-specific data into eCIRTS. To ensure eCIRTS data accuracy, the Contractor shall use eCIRTS-generated reports which include the following: a.Client Reports; b.Monitoring Reports; c.Services Reports; d.Miscellaneous Reports; e.Fiscal Reports; f.Aging and Disability Resource Center Reports; and g.Outcome Measurement Reports. 3. Unit Cost Methodologies CAO (July 2023 – June 2024) HCE 203.23 Page 24 of 59 The Contractor shall submit Unit Cost Methodologies annually on March 15th and September 15th, which reflect the costs of providing each service by program. 4. Surplus/Deficit Report The Contractor shall submit a Consolidated Surplus/Deficit Report, in a format provided by the AAASWFL, to the AAASWFL’s Contract Manager, by the 18th of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the AAASWFL and must include the following: a. A list of all subcontractors and their current status regarding surplus/deficit; b. The Contractor’s detailed plan on how the surplus/deficit spending exceeding the threshold specified by the AAASWFL will be resolved; c. Recommendations to transfer funds within the PSA or to other AAAs to resolve surplus/deficit spending; d. Input from the Contractor’s Board of Directors on resolution of spending issues, if applicable; e. Number of clients currently on the APCL that receive a priority ranking score of 4 or 5; and f. Number of clients currently on the APCL designated as Imminent Risk. 5. Cost Analysis The AAASWFL shall submit a completed DOEA Cost Analysis for Non-Competitively Procured Contracts in Excess of Category II to the DOEA Contract Manager by June 30th of each year. 6. Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2022- 2023 by August 30, 2023. The Contractor shall provide a new success story, quote, testimonial, or human- interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting them to the AAASWFL. These Program Highlights shall be prepared in accordance with section 19 of the contract and may not contain any information concerning a recipient of services under this contract except with the recipient’s written consent. E. Records and Documentation 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that shall be available to the AAASWFL or authorized individuals, such as Florida Department of Financial Services (DFS), upon request. 2. eCIRTS Data and Maintenance The Contractor shall ensure monthly collection and maintenance of client and service information in eCIRTS or any such system designated by the AAASWFL. 3. eCIRTS Address Validation The Contractor shall work with the AAASWFL to ensure client addresses are correct in eCIRTS for disaster preparedness efforts. At least annually, and more frequently as needed, the AAASWFL will provide direction on how to validate eCIRTS addresses to ensure these can be mapped. The Contractor will receive a list of unmatched addresses that cannot be mapped and the Contractor will be responsible for working with the local service providers to correct addresses, and send a list to the AAASWFL with confirmed addresses. The AAASWFL will use this information to update maps, client rosters, and unmatched addresses to disseminate to the local service providers. CAO (July 2023 – June 2024) HCE 203.23 Page 25 of 59 4. Data Integrity and Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. A copy of the backed-up data shall be stored in a secure, offsite location. 5. Policies and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the AAASWFL upon request. F. Performance Specifications 1. Outcomes and Outputs (Performance Measures) The Contractor must: a.Ensure the prioritization of clients and provision of service to clients in accordance with Section II.A.1.-2. of this contract; b.Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Sections II.A.1.-3. and II.C.1.-3. of this contract; c.Timely and accurately submit to the AAASWFL all required documentation and reports described in Section II.E.; d.Timely and accurately submit Attachments XI, XII, and XIII, and supporting documentation, in accordance with Attachment X, Invoice Report Schedule; and e.Develop and document strategies in the Area Plan to support the AAASWFL’s standard of performance achievement, including increases for the following: i.Percentage of most frail elders who remain at home or in the community instead of going into a nursing home; ii.Percentage of active clients eating two or more meals per day; iii.Percentage of new service recipients whose ADL assessment score has been maintained or improved; iv.Percentage of new service recipients whose IADL assessment score has been maintained or improved; v.After service intervention, the percentage of caregivers who self-report being very confident about their ability to continue to provide care; vi.Percentage of clients who are at imminent risk of nursing home placement who are served with community-based services; and vii.Percentage of elders assessed with high or moderate risk environments who improved their environment score. 2.The Contractor’s performance of the measures in Section II.F.1. above will be reviewed and documented in the AAASWFL’s Annual Programmatic Monitoring Report. 3. Monitoring and Evaluation Methodology The AAASWFL will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or on-site visit(s). The primary, secondary, or signatory of the contract must be available for any on-site programmatic monitoring visit. The AAASWFL’s determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the AAASWFL in monitoring the progress of completion of the service tasks and deliverables. The AAASWFL may use, but is not limited to, one or more of the following methods for monitoring: a.Desk reviews and analytical reviews;CAO (July 2023 – June 2024) HCE 203.23 Page 26 of 59 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 the AAASWFL. G. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor and are tasks and deliverables for which, by execution of this contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of the contract, the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. H. AAASWFL Responsibilities 1. AAASWFL Obligations The AAASWFL may, within its resources, provide technical support and/or assistance to the Contractor to assist the Contractor in meeting the requirements of this contract. The AAASWFL’s technical support and/or assistance, or lack thereof, shall not relieve the Contractor from full performance of contract requirements. 2. AAASWFL Determinations The AAASWFL reserves the exclusive right to make certain determinations in the tasks and approaches used to perform tasks required by this contract. The absence of the AAASWFL setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. III. METHOD OF PAYMENT A. Payment Methods Used The method of payment for this contract is a combination of fixed-fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The AAASWFL will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section II, Manner of Service Provision, and in accordance with other terms and conditions of this contract. 1. Fixed Fee/Unit Rate Payments for Fixed Fee/Unit Rate shall not exceed amounts established in the Service Rate Report (Attachment XIV). 2. Cost Reimbursement Payment may be authorized only for allowable expenditures which are in accordance with the services specified in Attachment XIV. All Cost Reimbursement Requests for Payment must include the Receipt and Expenditure Report (Attachment XII), as well as the Cost Reimbursement Summary form (Attachment XIII,), beginning with the first month of this contract. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form and include only items contained on the Contractor’s approved budget. The AAASWFL reserves the right to review supporting documentation for any cost reimbursement requests.CAO (July 2023 – June 2024) HCE 203.23 Page 27 of 59 3. Advance Payments The Contractor may request up to two (2) months of advances at the start of the contract period to cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the AAASWFL by the State of Florida (budget release). The Contractor’s requests for advance require the written approval of the AAASWFL Contract Manager. For the first month’s advance request, the Contractor shall provide to the AAASWFL Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If the Contractor is requesting two (2) months of advances, documentation must be provided reflecting the cash needs of the Contractor within the initial two (2) months and should be supported through a cash-flow analysis or other information appropriate to demonstrate the Contractor’s financial need for the second month of advances. The Contractor must also describe how the funds will be distributed for the first and second month. If sufficient budget is available, and the AAASWFL’s Contract Manager, in his or her sole discretion, has determined that there is justified need for an advance, the AAASWFL will issue approved advance payments after July 1st of the contract year. a.Any advance payments the Contractor requests for subcontractors must be distributed within seven (7) days of receipt of payment from the AAASWFL. The Contractor shall submit to the AAASWFL documentation to support full distribution of advanced funds with Report Number 5, due to the AAASWFL on October 11, 2023, in accordance with the Invoice Report Schedule (Attachment X). b.All advance payments retained by the Contractor must be fully expended no later than September 30, 2023. Any portion of advance payments not expended must be recouped on the Request for Payment (Attachment XI), Report Number 5, due to the AAASWFL on October 11, 2023, in accordance with the Invoice Report Schedule (Attachment X). c.All advance payments made to the Contractor shall be reimbursed to the AAASWFL as follows: At least one–tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment, starting with Report Number 5, in accordance with the Invoice Report Schedule (Attachment X). D. Funding Distribution The Contractor agrees to distribute funds as detailed in the Area Plan update and the Annual Budget Summary (Attachment IX). Any changes in the total amounts of the funds identified on the Annual Budget Summary form require a contract amendment. E. Method of Invoice Payment Payment shall be made upon the Contractor’s presentation of an invoice subsequent to the acceptance and approval by the AAASWFL of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1.Have a Remittance Address that corresponds exactly to the “Remit To” address provided to MyFloridaMarketPlace (MFMP) during registration; 2.Request payment monthly for the units of services established in the Contractor’s approved Area Plan, provided in conformance with the requirements as described in the current DOEA Handbook, at the rates established in the Service Rate Report (Attachment XIV). Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Reimbursement amounts for administrative costs must be reflected on the Cost Reimbursement Summary form (Attachment XII) and include only items contained on the Contractor’s Cost Analysis form. Any requested changes to the approved budget subsequent to the execution of the contract must be submitted to the AAASWFL’s Contract Manager for written approval. Any change to the total contract amount requires a formal contract amendment; 3.The Contractor shall consolidate all subcontractors’ Requests for Payment and Receipt and Expenditure Reports that support Requests for Payment and shall submit the consolidated information to the AAASWFL using the Request for Payment (Attachment XI), Receipt and Expenditure Report (Attachment XII), and Cost Reimbursement Summary (Attachment XIII) forms for services and administrative expenses, which must include itemized expenditure categories; and CAO (July 2023 – June 2024) HCE 203.23 Page 28 of 59 4.All Requests for Payment shall be based on the submission of monthly Receipt and Expenditure Reports beginning with the first month of this contract. The schedule for submission of advance requests (when available) and invoices is set forth in the Invoice Report Schedule (Attachment X). F. Payment Withholding Any payment due by the AAASWFL under the terms of this contract may be withheld pending the receipt and approval by the AAASWFL of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved. G. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the AAASWFL no later than July 25, 2024. H. HCE Subsidy Data Entries Schedule The Contractor must ensure that all data for HCE subsidies are entered into the eCIRTS by the 15th of each month. HCE subsidy data entered into the eCIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month. Case management data entered into the eCIRTS by the 15th of the month shall be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month or case management units of service may be entered according to the Contractor schedule, in aggregate daily, weekly, or monthly. The Contractor shall ensure data entry for HCE subsidies will cease on the 15th of the month and that the eCIRTS Monthly Service Utilization Report by client name and by worker is generated. The Contractor shall ensure the Monthly Utilization Report by client name and by worker is verified, corrected, and certified no later than the 25th of the month in which the Report is generated. I. eCIRTS Data Entries for Subcontractors The Contractor shall require subcontractors to enter all required data for clients and services in the eCIRTS database in accordance with the current DOEA Handbook and the eCIRTS User Manual – Aging Provider Network users (located in Documents on the eCIRTS Enterprise Application Services). Subcontractors must enter this data into the eCIRTS prior to submitting their Requests for Payment and Receipt and Expenditure Reports to the Contractor. The Contractor shall establish deadlines for completing eCIRTS data entry and ensure compliance with due dates for the Requests for Payment and Expenditure Reports that Contractor must submit to the AAASWFL. J. Subcontractors’ Monthly CIRTS Reports The Contractor shall require subcontractors to run monthly eCIRTS reports and to verify that client and service data in the eCIRTS is accurate. This report must be submitted to the Contractor with the monthly Request for Payment and Receipt and Expenditure Report and must be reviewed by the Contractor before the Subcontractor’s Request for Payment and Receipt and Expenditure Reports can be approved by the Contractor. K. Corrective Action Plan 1.Contractor shall ensure that one hundred percent (100%) of the deliverables identified in Section II.C.1.-3. of this contract are performed pursuant to contract requirements. 2.If at any time the Contractor is notified by the AAASWFL’s Contract Manager that it has failed to correctly, completely, and/or adequately perform contract deliverables identified in Section II.C.1.-3. of this contract, the Contractor will have ten (10) days to submit a CAP to the AAASWFL’s Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the AAASWFL’s Contract Manager. The AAASWFL shall assess a Financial Consequence for Non-Compliance on the Contractor as referenced in Section III.J. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The AAASWFL will also assess a financial consequence for failure to timely submit a CAP. 3.If the Contractor fails to correct an identified deficiency within the approved time specified in the CAP, the AAASWFL shall deduct the percentage established in Section III.J. of this contract from the payment for the invoice of the following month. 4.If the Contractor fails to timely submit a CAP, the AAASWFL shall deduct the percentage established in Section III.J. of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. CAO (July 2023 – June 2024) HCE 203.23 Page 29 of 59 L. Financial Consequences 1.The AAASWFL will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the AAASWFL according to the requirements referenced in Section II.C. of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in Section II.C. or Section II.F. of this contract: a.Delivery of services to eligible clients as referenced in Section II.A.1.-2. and Section II.C.1. of this contract – Failure to comply with established assessment and prioritization criteria, as evidenced by eCIRTS reports, will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begin on the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.I.; b.Administrative duties as referenced in Section II.C.3. of this contract – Failure to perform management and oversight of HCE Program operations will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begin the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.I.; c.Timely submission of a CAP – Failure to timely submit a CAP within ten (10) business days after notification of a deficiency by the AAASWFL’s Contract Manager will result in a two percent (2%) reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the AAASWFL’s notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAASWFL-approved CAP, referenced in Section III.I. IV. SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the AAASWFL Contract Manager in writing no later than June 30, 2024; email requests are considered acceptable. B. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all funds provided by the AAASWFL for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner as to avoid having a wait list and a surplus of funds at the end of the contract period. If the AAASWFL determines that the Contractor is not spending service funds accordingly, the AAASWFL may transfer funds to other AAAs during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. C. Contract Limits In no case shall the Contractor be required to incur costs in excess of the contract amount in providing services to the clients. D. Remedies for Nonconforming Services 1.The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely, and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. 2.If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services not meeting such standards will not be reimbursed under this contract. The Contractor’s signature on the Request for Payment form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. The AAASWFL requires immediate notice of any significant and/or systemic infractions that compromise the quality, security, or continuity of services to clients. CAO (July 2023 – June 2024) HCE 203.23 Page 30 of 59 E. Incident Reporting The Contractor shall notify the AAASWFL immediately but no later than forty-eight (48) hours from the Contractor’s awareness or discovery of changes that may materially affect the Contractor or any subcontractor’s ability to perform the services required to be performed under this contract and in authorizing proviso. Such notice shall be made orally to the AAASWFL’s Contract Manager (by telephone) with an email to immediately follow, including the Contractor’s plan for provision of services authorized in proviso. F. Investigation of Criminal Allegations Any report that contains allegations of criminal violations on the part of the Contractor or any Subcontractors and that is referred to a governmental or investigatory agency must be sent to the AAASWFL. If the Contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney’s office, or other governmental agency, the Contractor shall notify the Inspector General at the AAASWFL immediately. A copy of all documents, reports, notes, or other written material concerning the investigation, whether in the possession of the Contractor or Subcontractors, must be sent to the AAASWFL with a summary of the investigation and allegations. G. Volunteers The Contractor shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as the Senior Community Service Employment Program or organizations carrying out federal service programs administered by the Corporation for National and Community Service). G. Enforcement 1.In accordance with Section 430.04, F.S., the AAASWFL shall rescind designation of an area agency on aging or take intermediate measures against the Contractor, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the AAASWFL, placement on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the AAASWFL finds that any of the following have occurred: a.An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of an aging services program; b.The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; c.The Contractor has committed multiple or repeated violations of legal and regulatory requirements or AAASWFL standards; d.The Contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; e.The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with the AAASWFL or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the AAASWFL; f.The Contractor has failed to properly determine client eligibility as defined by the AAASWFL or efficiently manage program budgets; or g.The Contractor has failed to implement and maintain a AAASWFL-approved client grievance resolution procedure. 2.In making any determination under this provision, the AAASWFL may rely upon findings of another state or federal agency or other regulatory body. Any claims for damages for breach of contract are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Leon County, Florida. In the event the AAASWFL initiates action to rescind an area agency on aging designation, the AAASWFL shall follow the procedures set forth in 42 U.S.C. § 3025(b). CAO (July 2023 – June 2024) HCE 203.23 Page 31 of 59 H. Contract Modifications The AAASWFL’s Contract Manager has the authority to modify and/or extend deliverable deadlines. All deliverable extension requests must be made to the AAASWFL’s Contract Manager, in writing, prior to the required deadline. All approvals for deliverable extensions must be communicated, in writing, by the AAASWFL’s Contract Manager to the Contractor and are subject to the discretion of the AAASWFL’s Contract Manager. The requests and the approval must occur prior to the established deadline. An e-mail writing (request and response) is considered acceptable. I. Rate Increase Thresholds 1.For Service Provider 3URSRVHG5DWH,QFUHDVHVXSWR a.Service Provider rate increase requests received by the Department of Elder Affairs (DOEA) from an Area Agency on Aging (AAA) that are up to 5.0% above rate at time of contract execution are not required to EHUHYLHZHGDQGDSSURYHGE\WKH'2($ௗ7KH$$$VVKDOOIROORZWKHLUH[LVWLQJDJHQF\UDWHUeview and DSSURYDOSURFHVVZKLFKDWDPLQLPXPVKDOOLQFOXGH i.A detailed written justification from the Service Provider describing the reason(s) for the interim rate DGMXVWPHQWௗ7KLVH[SODQDWLRQVKDOOLQFOXGHDGHWDLOHGDVVHVVPHQWRISRWHQWLDORUJDQL]Dtional and client LPSDFWௗ7KHZULWWHQMXVWLILFDWLRQVKDOOSURYLGHVXIILFLHQWGHWDLOIRUWKH$$$WRUHYLHZLGHQWLI\LQJWKH VHUYLFHRUFRPPRGLW\FRPSRQHQWVWKDWDUHLQFUHDVLQJ6HUYLFH3URYLGHUFRVWV ii.A current rate and a requested rate unit cost methodology. (Attachment XV) 2.For Service Provider 3URSRVHG5DWH,QFUHDVHV([FHHGLQJ a.For Service Provider proposed rate increases of 5.01% or greater, the requirements detailed in i. and ii. DERYHVKDOODSSO\3/86VHFWLRQVLEHORZ i.Service Provider Proposed Rate Increases of 5.01% or greater must be reviewed and approved by '2($ௗ7KH$$$VVKRXOGIRUZDUGDOOVXFKUHTXHVWVWRWKHLU&RQWUDFW0DQDJHUDQGSURYLGHWKH IROORZLQJDGGLWLRQDOLQIRUPDWLRQ (1)The Service Provider must also provide in their written justification, reassurance that all other potential options to procure alternate suppliers, subcontractors, or other potential cost-efficiencies WKDWFRXOGUHGXFHWKHSURSRVHGUDWHLQFUHDVHRIRUJUHDWHUKDYHEHHQH[SORUHGDQGUHMHFWHG (2)ContUDFW0DQDJHUVPD\UHTXHVWDGGLWLRQDOLQIRUPDWLRQIURPWKH6HUYLFH3URYLGHUYLDWKH$$$ Following DOEA’s review/decision, the DOEA Contract Manager shall notify the AAA via email RIDSSURYDOGLVDSSURYDODQGWKH$$$VKDOOSURFHHGDFFRUGLQJO\ 3.No Service Provider rate shall be increased before October 1, 2023. 4.Note: All rate increase thresholds mentioned in the above language is cumulative from Service Providers’ rates at the time of contract execution. END OF ATTACHMENT CAO (July 2023 – June 2024) HCE 203.23 Page 32 of 59 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the AAASWFL to the Contractor may be subject to audits and/or monitoring by the AAASWFL, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200 (formerly OMB Circular A-133 as revised), and Section 215.97, F.S., (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by the AAASWFL staff, limited scope audits and/or other procedures. By entering into this contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the AAASWFL. In the event the AAASWFL determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the 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 the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in 2 CFR Part 200, Subpart A. In the event that the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial and Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the 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 the 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 the Auditor General in accordance with the provisions of 2 CFR Part 200 will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR § 200.508. If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, the cost of the audit must 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 AAASWFL 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 AAASWFL shall be fully disclosed in the audit report with reference to the AAASWFL 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 AAASWFL 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 CAO (July 2023 – June 2024) HCE 203.23 Page 33 of 59 This part is applicable if the Contractor is a non-state entity as defined by Section 215.97(2), F.S. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor, the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Financial Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the AAASWFL 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 AAASWFL, 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 AAASWFL 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 AAASWFL shall be fully disclosed in the audit report with reference to the AAASWFL 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 AAASWFL 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 AAASWFL retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR § 200.512 by or on behalf of the Contractor directly to each of the following: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Pursuant to 2 CFR § 200.512, all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Contractor shall submit a copy of any management letter issued by the auditor directly to the AAASWFL. CAO (July 2023 – June 2024) HCE 203.23 Page 34 of 59 Area Agency on Aging for Southwest Florida, Inc. Richard Cocchieri, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 Additionally, copies of financial reporting packages required by this contract’s Financial Compliance Audit Attachment, Part II, shall be submitted by or on behalf of the Contractor directly to each of the following: The AAASWFL at the following address: Area Agency on Aging for Southwest Florida, Inc. Richard Cocchieri, CFO 2830 Winkler Ave., Suite 112 Fort Myers, FL 33916 The Auditor General’s Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letters, or other information required to be submitted to the AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL. CAO (July 2023 – June 2024) HCE 203.23 Page 35 of 59 ATTACHMENT II EXHIBIT 1 PART I: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part 200 and/or Section 215.97, F.S. Contractors who are determined to be recipients or sub-recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 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. _____ 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 AAASWFL 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). [ CAO (July 2023 – June 2024) HCE 203.23 Page 36 of 59 **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 CAO (July 2023 – June 2024) HCE 203.23 Page 37 of 59 ATTACHMENT II EXHIBIT 2 FUNDING SUMMARY (2023-2024) 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: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133 – Audits of States, Local Governments, and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Home Care for the Elderly General Revenue 65.001 $55,538.00 TOTAL AWARD $55,538.00 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 GRANT AWARD (FAIN#): FEDERAL AWARD DATE: DUNS NUMBER: CAO (July 2023 – June 2024) HCE 203.23 Page 38 of 59 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA will not award this contract unless Contractor completes this CERTIFICATIONS AND ASSURANCES. In performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and Suspension Certification (29 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 Boycott of Israel Certification, section 287.135, F.S. G. Certification Regarding Data Integrity Compliance for Contracts, Agreements, Grants, Loans, and Cooperative Agreements H. Verification of Employment Status Certification I. Records and Documentation J. Certification Regarding Inspection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies, to the best of its knowledge and belief, that it and its principals: 1.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal AAASWFL or AAASWFL; 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, CAO (July 2023 – June 2024) HCE 203.23 Page 39 of 59 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 AAASWFL, 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 AAASWFL. 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 AAASWFL. 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 AAASWFL. 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 AAASWFL. 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. CAO (July 2023 – June 2024) HCE 203.23 Page 40 of 59 Contractor understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform DOEA immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with 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. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub- recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT 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 AAASWFL 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 CAO (July 2023 – June 2024) HCE 203.23 Page 41 of 59 to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, Contractors will take immediate action to assure data integrity. 3.If this contract includes the provision of hardware, software, firmware, microcode, or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4.In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to 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 AAASWFL, 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 AAASWFL staff and/or any party designated by the AAASWFL 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 AAASWFL. Maintenance includes valid exports and backups of all data and systems according to AAASWFL 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 AAASWFL is named in the civil action, Contractor agrees to indemnify and hold harmless the AAASWFL for any costs incurred by the AAASWFL and any attorneys’ fees assessed or awarded against the AAASWFL 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 AAASWFL 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 AAASWFL 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 AAASWFL (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. CAO (July 2023 – June 2024) HCE 203.23 Page 42 of 59 Additionally, I certify this organization does ____ does not ____provide for institutional memberships. Contractor’s signature below attests that records pertaining to the dues or membership application by the AAASWFL are available for inspection if applicable, as stated above. By execution of this contract, Contractor must include these provisions (A-J) in all related subcontract agreements (if applicable). By signing below, Contractor certifies that the representations outlined in parts A through J above are true and correct. Signature and Title of Authorized Representative Street Address Contractor Date City, State, Zip code 7DPLDPL7UDLO( 1DSOHV)/&2//,(5&2817<%2$5'2)&2817<&200,66,21(56 7$1<$5:,//,$06 As designee of the County Manager, pursuant to Resolution No. 2018-202.Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney AppppAppApApApApAApAppApAppppApApAppAApApAppAAppApApppAApAAppppAApAppAppApAAAAppAAAppAAAppAAAAppprovooooooooooooooooooooooooooooooooooooed as toooooooooooooooooooooooo FFFFFFFFFFFFFFForm m mmmmmmm mmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm anaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaad LeLeLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLgagaggaggagggaggaggggagggaggggggggggggggggggggggggggggggggggggggglity: ____________________________________________________________________ Derek D. Perry Assistant County Attorney CAO WilliamsTa nya Digitally signed by WilliamsTanya Date: 2023.07.11 09:50:08 -04'00' ✔ (July 2023 – June 2024) HCE 203.23 Page 43 of 59 ATTACHMENT IV 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 AAASWFL. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding AAASWFL. 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 AAASWFL, 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 AAASWFL 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 AAASWFL. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 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. CAO (July 2023 – June 2024) HCE 203.23 Page 44 of 59 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 AAASWFL 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 governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 38%/,&6(59,&('(3$570(17+($'7$1<$5:,//,$06 As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney rovededdddddedddddddddddddddddddddddddedddddedddddddddddddddddddeeddeedeedeeddeddeeddeed as to Form ananaaaaaaaanaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaad LeLeLeLeLeeLeeLeeeeeeeLeLeeLeeeLeLeLeeeLeeeLeeeeeeLeeeLeLeLeeeeeeLeLLLLLLLLLLLgaggggggggggggggggggggggggggggggggggggggggggggggggggggggggggglityytytytyytyyytytyyyyyyyyyyyyyyyyyyyyytyyyyyyyyyyyyytyyyyyyyyyyyyyyyyyy: ________________________________ k D. Perry stant County Attorney CAO 07/11/2023 WilliamsTa nya Digitally signed by WilliamsTanya Date: 2023.07.11 09:51:21 -04'00' (July 2023 – June 2024) HCE 203.23 Page 45 of 59 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: ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Total #% White % Black % Hispanic % Other % Female % Disabled % Over 40 2.Population of area served Source of data: 3.Staff currently employed Effective date: 4.Clients currently enrolled/registered Effective date: 5.Advisory/Governing Board if applicable For questions 2-5 please indicate the following: 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 DOEA? N/A YES NO 7.Compare the staff composition to the population. Is staff representative of the population?N/A YES NO 8.Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion, or disability? N/A YES NO 9.Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion, or disability? N/A YES NO 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? 12. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? Verbal Written Poster N/A YES NO N/A YES NO CAO (July 2023 – June 2024) HCE 203.23 Page 46 of 59 13.Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. N/A NUMBER ______ 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 necessary modifications? YES NO 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 the basis of disability? YES NO 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 DOEA USE ONLY Reviewed by In Compliance: YES NO* Program Office *Notice of Corrective Action Sent ___/___/___ Date Telephone Response Due ___/___/___ On-Site Desk Review Response Received ___/___/___ CAO (July 2023 – June 2024) HCE 203.23 Page 47 of 59 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 AAASWFL 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, CAO (July 2023 – June 2024) HCE 203.23 Page 48 of 59 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 AAASWFL 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. CAO (July 2023 – June 2024) HCE 203.23 Page 49 of 59 ATTACHMENT VI CONTRACTOR’S STATE CONTRACT LIST Contractor's State Contract List REPORT PERIOD: From: CONTRACTOR INFORMATION: To: Name: Phone: Address: Email: FEID: Contact: Contract # Contract/ Program Name State AAASWFL/ Program Start Date End Date Description of Contract Purpose/Types of Services Contract Manager Phone # Contract Amount 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - 13 $ - 14 $ - 15 $ - 16 $ - 17 $ - Total $ - SIGNATURE: DATE: TITLE: CAO (July 2023 – June 2024) HCE 203.23 Page 50 of 59 ATTACHMENT VII BACKGROUND SCREENING BACKGROUND SCREENING Attestation of Compliance - Employer ¾The term “employer” means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, 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. ¾A direct service provider is “a person 18 years of age or older who, pursuant to a program WRSURYLGHVHUYLFHVWRWKHHOGHUO\KDVGLUHFWIDFHဨWRဨIDFHFRQWDFWZLWKDclient 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 named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Signature of Representative Date DOEA Form 235, Attestation of Compliance - Employer, Effective January 19, 2021 F.S. Form available at: https://elderaffairs.org/wp-content/uploads/background-screening-affidavit-of-compliance-employer.pdf Section 435.05(3), AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 7$0,$0,75$,/(1$3/(6)/ 7$1<$5:,//,$06 As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney roveddddddddedddddddddeddddedddddddddddddddddeddddddedddddeddddddddddededddededeedededeedee as to Form anaaaaaaanaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaad LeeeeLeeLeLeeeeeeeeLeeLeLeeeeLeeLeLeeeeeLeeeLeeeeeeLeLeeeeLeeeeLeeLLeeLLLLLLLLLLLLLgaggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggglitytyytytyyyyyytyyyytytyyytyyyyyyyyyytyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy: _______________________________ k D. Perry stant County Attorney CAO 07/11/2023 WilliamsTany a Digitally signed by WilliamsTanya Date: 2023.07.11 09:52:01 -04'00' (July 2023 – June 2024) HCE 203.23 Page 51 of 59 ATTACHMENT VIII CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES (CMBE FORM) CMBE FORM MUST ACCOMPANY INVOICES SUBMITTED TO DOEA CONTRACTOR NAME: __________________________________________________ DOEA CONTRACT NUMBER: __________________ *REPORTING PERIOD-FROM: ________________ TO: __________________ *(DATE RANGE OF RENDERED SERVICES, MUST MATCH INVOICE SUBMITTED TO DOEA) DOEA CONTRACT MANAGER: ________________________________________ REPORT ALL EXPENDITURES MADE TO CERTIFIED MINORITY BUSINESS (SUBCONTRACTORS). CONTACT DOEA CMBE COORDINATOR FOR ANY QUESTIONS, AT 850-414-2153. If unsure if subcontractor is a certified minority supplier, click on the hyperlink below. Enter the name of the supplier, click “search”. Only Certified Minority Business Entities will be displayed. https://osd.dms.myflorida.com/directories SUBCONTRACTOR NAME SUBCONTRACTOR’S FEID CMBE EXPENDITURES DOEA USE ONLY -- REPORTING ENTITY (DIVISION, OFFICE, ETC) SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO: JUSTIN TAYLOR CMBE COORDINATOR, CONTRACT ADMINISTRATION & PURCHASING, TALLAHASSEE, FLORIDA 32399-7000. CAO (July 2023 – June 2024) HCE 203.23 Page 52 of 59 INSTRUCTIONS (A) ENTER THE COMPANY NAME AS IT APPEARS ON YOUR DOEA CONTRACT. (B) ENTER THE DOEA CONTRACT NUMBER. (C) ENTER THE SERVICE PERIOD MATCHING THE CURRENT INVOICE’S SERVICE PERIOD. (D) ENTER ALL CERTIFIED MINORITY BUSINESS EXPENDITURES FOR THE TIME PERIOD COVERED BY THE INVOICE: 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 DOEA FINANCIAL ADMINISTRATION FOR PROCESSING. (F) FINANCIAL ADMINISTRATION WILL FORWARD ALL COMPLETED CMBE FORMS TO CONTRACT ADMINISTRATION & PURCHASING OFFICE. CAO (July 2023 – June 2024) HCE 203.23 Page 53 of 59 ATTACHMENT IX ANNUAL BUDGET SUMMARY 1. HCE Services (Subsidies & Case Management) $55,538.00 Total $55,538.00 CAO (July 2023 – June 2024) HCE 203.23 Page 54 of 59 ATTACHMENT X INVOICE REPORT SCHEDULE Report Number Based On Submit on this Date 1 July Advance* July 1 2 August Advance* July 1 3 MUR (7/1-7/15) & July Invoice 105/106 July 20 & August 11 4 MUR (7/16-8/15) & August Invoice 105/106 August 20 & September 11 5 MUR (8/16-9/15) & September Invoice 105/106 September 20 & October 11 6 MUR (9/16-10/15) & October Invoice 105/106 October 20 & November 11 7 MUR (10/16-11/15) & November Invoice 105/106 November 20 & December 11 8 MUR (11/16-12/15) & December Invoice 105/106 December 20 & January 11 9 MUR (12/16-1/15) & January Invoice 105/106 January 20 & February 11 10 MUR (1/16-2/15) & February Invoice 105/106 February 20 & March 11 11 MUR (2/16-3/15) & March Invoice 105/106 March 20 & April 11 12 MUR (3/16-4/15) & April Invoice 105/106 April 20 & May 11 13 MUR (4/16-5/15) & May Invoice 105/106 May 20 & June 11 14 MUR (5/16-6/15) & June Invoice 105/106 June 20 & July 11 15 MUR (6/16-6/30) & Final Invoice 105/106 July 20 & July 25 Legend: * Advance based on projected cash need. MUR = Monthly Utilization Report CAO (July 2023 – June 2024) HCE 203.23 Page 55 of 59 ATTACHMENT XI 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 (1st - 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 CAO (July 2023 – June 2024) HCE 203.23 Page 56 of 59 ATTACHMENT XII RECEIPT AND EXPENDITURE REPORT HOME CARE FOR THE ELDERLY PROGRAM CAO (July 2023 – June 2024) HCE 203.23 Page 57 of 59 ATTACHMENT XIII COST REIMBURSEMENT SUMMARY CAO (July 2023 – June 2024) HCE 203.23 Page 58 of 59 ATTACHMENT XIV SERVICE RATE REPORT These rates are to be considered the Maximum rates possible for all services. Services shall be invoiced up to these thresholds in accordance with Attachment I, Section IV. I. DELIVERABLES REIMBURSEMENT UNIT RATE METHOD OF PAYMENT UNIT TYPE BASIC SUBSIDY $160.00 Fixed Fee / Unit Rate HOUR BASIC SUBSIDY - LEGACY Cost Reimbursement Cost Reimbursement EPISODE CASE MANAGEMENT-VENDOR PAYMENT $90.09 Fixed Fee / Unit Rate HOUR HOMEMAKER $24.11 Fixed Fee / Unit Rate HOUR HOMEMAKER-VENDOR PAYMENT $24.11 Fixed Fee / Unit Rate HOUR HOUSING IMPROVEMENT Cost Reimbursement Cost Reimbursement EPISODE MATERIAL AID Cost Reimbursement Cost Reimbursement EPISODE OTHER – BACKGROUND SCREEN – VENDOR $80.32 Fixed Fee / Unit Rate EPISODE PERSONAL CARE $24.85 Fixed Fee / Unit Rate HOUR PERSONAL CARE-VENDOR PAYMENT $24.85 Fixed Fee / Unit Rate HOUR RESPITE IN-HOME $15.75 Fixed Fee / Unit Rate HOUR RESPITE-VENDOR PAYMENT $24.99 Fixed Fee / Unit Rate HOUR SPECIALIZED MEDICAL EQUIPMENT, SERVICES, AND SUPPLIES - VENDOR PAYMENT Cost Reimbursement Cost Reimbursement EPISODE CAO (July 2023 – June 2024) HCE 203.23 Page 59 of 59 ATTACHMENT XV SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM BUDGET YEAR: RECIPIENT NAME: PRIOR YEAR RATE: Service LINE-ITEM EXPENSES Prior Year Historical Costs Rate at Contract Execution Current Rate Requested Rate % Change (between Contract Execution and Requested) Wages - Fringe Benefits (Formula Allocated) - Fringe Benefits (Manual Allocation) - Travel - Education/Training - Communications & Postage - Utilities - Printing & Supplies - Advertising - Insurance - Maintenance & Repair - Space Costs (Rent) - Equipment - Professional fees/Legal/Audit - Program Supplies - Depreciation - Food & Food Supplies - Other - TOTAL ALLOWABLE COSTS $0.00 $0.00 $0.00 $0.00 0.00% CAO Revised August 2007 Attestation Statement Agreement/Contract Number_ Amendment Number I, , attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and . (Recipient/Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement/contract content. Signature of Recipient/Contractor representative Date Revised August 2007 +&( 7$1<$5:,//,$06 &2//,(5&2817<%2$5'2)&2817<&200,66,21(56 * Clarification note: Insubstantial changes to signature blocks made to reflect staff authority and attorney review; no changes to the substance or wording of the contract/agreement were made. As designee of the County Manager, pursuant to Resolution No. 2018-202. Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney ApApAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAprrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrroved as toooooo Form and LeLLLLLLLeLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLgaggggggggggggggggggggggggggggggggggggggggggggggggggggggggggglity: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ DDDDDDDDDDDeDDDDDrek D. Perry Assistant County Attorney * CAO WilliamsTa nya Digitally signed by WilliamsTanya Date: 2023.07.11 09:52:43 -04'00'07/11/2023