Backup Documents 08/08/2023 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ! 6 4}5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Wendy Klopf Community and Human 14/ 08/08/2023
Services
2. Minutes & Records Clerk of Court's Office
3.
4.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Wendy Klopf/CHS Phone Number 252-2901
Contact/ Department
Agenda Date Item was 08/08/2023 Agenda Item Number 16D5
Approved by the BCC
Type of Document AAA/CCE,ADI,HCE AGREEMENTS Number of Original 3
Attached Documents Attached
PO number or account NA
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? NA
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be WK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the NA
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NA
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 08/08/2023 and all changes made during WK N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the WK N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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(July 2023—June 2024) CCE 203.23
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$1,121,000.00,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.
6.13 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 O
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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.
63 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.
73 The Contractor shall comply with the requirements of Section 287.058, F.S.,as amended.
73.1 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.
733 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.
73.4 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.
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73.5 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.
73.6 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.
7.12 The Contractor shall comply with all applicable Florida and federal laws, including but not limited to,Chapters
119, 286, and 617, Florida Statutes.
8. Background Screening:
The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S.,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,
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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-l/ekleraffairs.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. 0
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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
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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 Se rvices:
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 betweenthe AAASWFL and state agencies or subdivisions defined in Section 768.28(2), F.S. o
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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, Depai tnient 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
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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 Contracto r:
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 Contraci,S)
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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), Messages, 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, interne, 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.
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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 J/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 O
CMBE Report shall include the names, addresses,and dollar amount of each certified participant, and a ct
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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
co
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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. � '0
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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:
httpl/dms.myflorida.com/purchasine
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. Se ve rability 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. Cp,0
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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 ofModifications:
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 causedby 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 w��0 Page 14 of 60
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obtainable from other sources in sufficient time for the Contractorto 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.
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56. Official Payee and Representatives(Names,Addresses,and Telephone Numbers):
Collier County Board
The Contractor name,as shown on page 1 of this
Commissioners of County
a. contract,and mailing address of the official payee to 3299 E Tamiami Trail
whom the payment shall be made is: Naples,FL 34112
Kristi Sonntag, Director,Community&
The name of the contact person and street address Human Services Collier County Board of
b. where financial and administrative records are County Commissioners
maintained is: 3339 E Tamiami Trail, Building H
Naples,FL 34112
Kristi Sonntag, Director,Community&
The name, address,and telephone number of the Human Services Collier County Board
of County Commissioners
c. representative of the Contractor responsible for 3339 E Tamiami Trail, Building H
administration of the program under this contract is: Naples,FL 34112
239-252-2273
The section and location within the AAASWFL where Area Agency on Aging for Southwest Florida,
Inc.
d. Requests for Payment and Receipt and Expenditure 2830 Winkler Ave.,Suite 112
forms are to be mailed is: Fort Myers,FL 33916
Richard Cocchieri, CFO
The name, address,and telephone number of the Area Agency on Aging for Southwest Florida,
e. Contract Manager for this contract is: 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
undersigne�`d��offficiials as duly authorized si � /n� �,D�i sTttigke-ClAdoby
CONTRAC1WI[JtafS J' i4ll lli d by AREA AGENC�I fl1 OR I
OF COUNTY COMMISSIONE'.LDate: 2023.07.11 FLORIDA,II o rad o Date: 2023.07.12
a n ya 09:36:00 -04'00' 08:18:46 -04 00
SIGNED BY: SIGNED BY:
NAME: TANYA R WILLIAMS NAME:MARICELA MORADO
TITLE: PUBLIC SERVICR_ DEPARTMENT HEAD TITLE:CEO/PRESIDENT
DATE:
07/11/2023 DATE: 07.12.23
As designee of the County Manager,pursuant to
Resolution No.2018-202. Approved t Form and Legality:
Federal Tax ID:59-6000558
Fiscal Year Ending Date:09/30 0
DUNS:076997790 Derek D. e • Gt
Page 16 of 60 Assistant County Attorney
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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
cop,
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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 ofElde r 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. Gps0
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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 second party perpetrator and is in need
of protective services or other services to prevent further harm.
B. General Description
1. General Statement
The primary purpose of the CCE Program is to prevent, decrease,or delay premature or inappropriate and
expensive placement of elders in nursing homes and other institutions.
2. Community Care for the Elderly 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 Se rvice
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.
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C. Clients to be Served
1. Gene ral 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 referralto 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.
co
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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. Refe rrals 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 condition 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.
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C. Staffing Re quire me nts
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 Se rvice to Eligible Clients
The Contractor shall ensure the provision of a continuum of services that meets the diverse, individual, and
assessed needs of eachfunctionally-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 ILA.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; (11) Housing Improvement;
(2) Assurance(Telephone and In-Person); (12) Legal Assistance;
(3) Case Aide; (13) Pest Control Services;
(4) Case Management; (14) Respite Services;
(5) Chore Services; (15) Shopping Assistance;and
(6) Companionship; (16) Transportation.
(7) Escort;
(8) Financial Risk Reduction;
(9) Home Delivered Meals;
(10)Homemaker;
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:
co
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(1)Adult Day Health Care; (9) Nutrition Education;
(2) Emergency Alert Response; (10) Occupational Therapy;
(3) Gerontological Counseling; (11) Personal Care;
(4) Health Support; (12) Physical Therapy;
(5) Home Health Aide; (13) Skilled Nursing Services;
(6) Medication Management; (14) Specialized Medical Equipment,
(7) Mental Health Services,and Supplies; and
Counseling/Screening; (15) Speech Therapy.
(8) Nutrition Counseling;
c. Other Support Service s
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; �Qs0
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e. Monitoring and evaluating Lead Agencies, subcontractors, and vendors for fiscal, administrative, and
programmatic compliance;
£ 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 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;
E 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; O
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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
i 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 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.
Gt,O
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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 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;
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;
£ Review of progress reports;
g. Review of customer satisfaction surveys;
0'
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(July 2023—June 2024) CCE 203.23
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 D e te rminatio ns
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.D.,and in accordance with other
terms and conditions of this contract.
1. Fixed Fe e/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 will be distributed. If the Contractor is requesting twoLO
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(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 fmancial 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 (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,provide d
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 O
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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 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 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 IILI.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 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.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 ILA.,and the Service Rate
Report (Attachment XIV), and/or failure to submit required documentation will result in a two percent(2%)
reduction of payment per business day. The reduction of payment will begin the first business day following
the 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. o
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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.
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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 (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 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 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;
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L 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 Proposed Rate Increases up to 5%:
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 reviewed and approved by the DOEA. The AAAs shall follow their existing agency rate review and
approval process which at a minimum shall include:
i. A detailed written justification from the Service Provider describing the reason(s)for the interim rate
adjustment. This explanation shall include a detailed assessment ofpotential organizational and client
impact. The written justification shall provide sufficient detail for the AAA to review,identifying the
service or commodity component(s)that are increasing Service Provider costs.
ii. A current rate and a requested rate unit cost methodology. (Attachment XV)
2. For Service Provider Proposed Rate Increases Exceeding 5%:
a. For Service Provider proposed rate increases of 5.01% or greater, the requirements detailed in i. and ii.
above shall apply PLUS sections i., below.
i. Service Provider Proposed Rate Increases of 5.01% or greater must be reviewed and approved by
DOEA. The AAAs should forward all such requests to their Contract Manager and provide the
following additional information:
(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 reduce the proposed rate increase of 5.01%or greater have been explored and rejected.
(2) Contract Managers may request additional information from the Service Provider via the AAA.
Following DOEA's review/decision, the DOEA Contract Manager shall notify the AAA via email
of approval/disapproval and the AAA shall proceed accordingly.
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
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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
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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.
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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.
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CCE 203.23
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.
X Recipient/sub-recipient subject to 2 CFR §§200.86 and 200.93 and/or Section 215.97, F.S.
Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for-profit
organizations are exempt; for state financial assistance projects, public universities, community colleges, district
school boards, branches of state(Florida) government, and charter schools are exempt. Exempt organizations must
comply with all compliance requirements set forth within the contract or award document.
NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and/or state financial assistance,and has been
approved by the 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 O
§200.400(5)(c). CQ'
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**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
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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:
GRANT AWARD(FAIN#): FEDERAL AWARD DATE:
DUNS NUMBER:
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS CONTRACT ARE AS FOLLOWS:
FEDERAL FUNDS:
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
OMB Circular A-133—Audits of States,Local Governments, and Non-Profit Organizations
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL STATE AWARD
STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97,F.S.
PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT
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
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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 Sus pension 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 loanLo
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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.
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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
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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 utili7P 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. �o
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Additionally, I certify this organization does x does not provide for institutional memberships.
Contractor's signature below attests that records pertaining to the dues or membership application by the 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).
B\ii bi1�vf �tA erPit-90ttYr r tclons outlined in parts A through J above are true and correct.
1 C��1111 11 11 by WilliamsTanya
Tan a Date: 2023.07.11
Y 09:36:51 -04'00' 333
9 TAMIAMI TRAIL E#211
Signature and Title of Authorized Representative Street Address
TANYA R WILLIAMS
CY1T.T.TFR CY)T TNTY BOARD nF rat TNTY C OTVIMTssinNFR$ NAPLES FL 34112
Contractor Date City,State,Zip code
As designee of the County Manager,pursuant to
Resolution No.2018-202.
Approved t Form and Legality:
Derek D.
Assistant County Attorney
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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 forreducing this burden,to the Office of Management and Budget. Paperwork Reduction Project (0348-00 43),
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 ofthese 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.Ifsuch 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.
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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.
\/�/ic�`f Digitally signed by
S � b'I`-A Z1_ID'1/Idlfali'tIT1A[Tj43 OFFICIAL TITLE
� Date: 2023.07.11 09:37:41
TANYA R WTT I JAMS -04'00' PUBLIC SERVICE DEPARTMENT HEAD
APPLICANT ORGANIZATION DATE SUBMITTED
07/11/2023
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
As designee of the County Manager,pursuant to Approved t Form and Legality:
Resolution No. 2018-202.
lj
Page 45 of 60 Derek D. e
Assistant County Attorney
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(July 2023—June 2024) CCE 203.23
ATTACHMENT V
FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST
Program/Facility Name County AAA/Contractor
Address Completed By
City,State,Zip Code Date Telephone
PART I:READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILT HELP YOU COMPLETE
THIS FORM.
1. Briefly describe the geographic area served by the program/facility and the type of service provided:
Total# % %
For questions 2-5 please indicate the following: White Black Hispanic Other Female Disabled Over 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
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 N/A YES NO
origin, sex,age,religion, or disability? ❑ ❑ ❑
9. Are all benefits,services and facilities available to applicants and participants in an equally effective manner N/A YES NO
regardless of race, sex,color,age,national origin,religion, or disability? ❑ ❑ ❑
10. For in-patient services,are room assignments made without regard to race,color,national origin or disability? N/A YES NO
❑ ❑ ❑
11. Is the program/facility accessible to non-English speaking clients? N/A YES NO
❑ ❑ ❑
12.Are employees,applicants and participants informed of their protection against discrimination? If YES, how? N/A YES NO
Verbal 0 Written 0 Poster 0 ❑ ❑ ❑
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Page 46 of 60
I 6 0 5
(July 2023—June 2024) CCE 203.23
13. Give the number and current status ofany discrimination complaints regarding services or employment filed N/A NUMBER
against the program/facility. ❑
14. Is the program/facility physically accessible to mobility, hearing,and sight-impaired individuals? N/A YES NO
❑ ❑ ❑
PART III: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO,
EXPLAIN.
15.Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO
necessary modifications? ❑ ❑
16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO
❑ ❑
17. Has a person been designated to coordinate Section 504 compliance activities? YES NO
❑ ❑
18.Do recruitment and notification materials advise applicants,employees,and participants of nondiscrimination on YES NO
the basis of disability? ❑ ❑
19.Are auxiliary aids available to ensure accessibility of services to hearing and sight-impaired individuals? YES NO
❑ ❑
PART IV:FOR PROGRAMS OR FAC ILI IILS W PIII 50 OR MORE EMPLO YEES AND FEDERAL CONTRACTS OF S50,000.00 OR MORE
20.Do you have a written affirmative action plan? If NO,explain. YES NO
❑ ❑
DOEA USE ONL
Reviewed by In Compliance: YES ❑ NO* ❑
Program Office *Notice of Corrective Action Sent / /
Date Telephone Response Due / /
On-Site ❑ Desk Review ❑ Response Received / /
4o
Page 47 of 60
16D5
(July 2023—June 2024) CCE 203.23
ATTACHMENT V
INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST
1. Describe the geographic service area such as a district, county, city, or other locality. If the program/facility serves a
specific target population such as adolescents,describe the target population. Also, define the type of service provided.
2. Enter the percent of the population served by race,sex,disability, and over the age of 40. The population served include s
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, o
Ct's*
Page 48 of 60
1605
(July 2023—June 2024) CCE 203.23
termination, etc.). Indicate the civil rights law or policy alleged to have been violated along with the name and address
of the local, state, or federal 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.
Page 49 of 60
1 6 0 ;
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160r4
(July 2023—June 2024) CCE 203.23
ATTACHMENT VII
BACKGROUND SCREENING
Ron DeSantis
Go Ve1116r
I brunfnt of
ELDER AFFAIRS Michelle Branham
STATE OF FLORIDA Secretary
BACKGROUND SCREENING
Attestation of Compliance-Employer
AUTHORITY: This form is required annually of all employers to comply with theattestation
requirements set forth in section 435.05(3),Florida Statutes.
➢ The term "employer" means any person or entity required by law to conduct background
screenings, including but not limited to, Area Agencies on Aging/Aging and Disability
ResourceCenters,Lead Agencies, and Service Providers that contract directly or indirectly
with the Department of Elder Affairs (DOEA),and any other person or entity which hires
employees or has volunteers in service who meet the definition of a direct service provider.
See§§435.02,430.0402, Fla. Stat.
> A direct service provider is "a person 18 years of age or older who, pursuant to a program
to provide services to the elderly, has direct,face-to-face contactwitha client while providing
services to the client and has access to the client's living area, funds, personal property, or
personal identification information as defined in s. 817.568. The term includes coordinators,
managers, and supervisors of residential facilities and volunteers." § 430.0402(1)(b), Fla.
Stat.
ATTESTATION:
As the duly authorized representative of
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Employer Name
located at 1119TAMTAMTTRATT F#)11 NAPTFSFI 14119
Street Address City State ZIP code
TANYA R WILLIAMS
I, do hereby affirm under penalty of
jiliamsTa,9 f Representative
—"`15 taellSrb,}lNfar >� nce with the provisions of Chapter
435 and section 430.04C2,ifdwi t tpOgr p vel 2 background screening.
nya 07/11/2023
Signature of Representative Date
DOEA Form 235,Attestation ofCompbance-Employer,Effective January 19,2021 Approved S t Form and Legality:
F.S.Form available at:hurts:"elderaffairs.orQwpcontent uploads backnrormd-screeningn//idavitof-compliance-of
Section 435.05(3),
As designee of the County Manager,pursuant to Derek D. e •
Resolution No. 2018-202. Assistant County Attorney
Page 51 of 60
16D5
(July 2023—June 2024) CCE 203.23
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 DOER CMBE COORDINATOR FOR ANY QUESTIONS, AT 850-414-2153.
SUBCONTRACTOR NAME SUBCONTRACTOR'S CMBE EXPENDITURES
MID
DOEA USE ONLY --REPORTING ENTITY (DIVISION,OFFICE, ETC)
SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO:JUSTIN TAYLOR
CMBE COORDINATOR, CONTRACT ADMINISTRATION &PURCHASING, TALLAHASSEE, FLORIDA 32399-7000.
If unsure 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.
httpsi/osd.dms.myflorida.com/directories �0
Page 52 of 60
16Dc
(July 2023—June 2024) CCE 203.23
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.
O
Page 53 of 60
1 6 D 5
(July 2023—June 2024) CCE 203.23
ATTACHMENT IX
ANNUAL BUDGET SUMMARY
1. CCE Services $1,121,000.00
Total $1,121,000.00
Page 54 of 60
1605
(July 2023—June 2024) CCE 203.23
ATTACHMENT X
INVOICE REPORT SCHEDULE
Report 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.
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Page 55 of 60
160i
(July 2023-June 2024) CCE 203.23
ATTACHMENT XI
REQUEST FOR PAYMENT
COMMUNITY CARE FOR THE ELDERLY
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 CCEAdmin. CCE Services TOTAL
1.Approved Contract Amount $ 0.00'$ 0.00 $ 0.00
2.Previous Funds Received for Contract Period S 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
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Page 56 of 60
16D �
(July 2023 -June 2024) CCE 203.23
ATTACHMENT XII
RECEIPT AND EXPENDITURE REPORT
PROVIDER NAME,ADDRESS, PHONE#and FEIDt 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 $
(Includes fees collected) 3.Other Earned $
PART D :CO-PAYMENTS CURRENT MONTH YEAR-TO-DATE
1.Total of Co-payments assessed $ $
2.Total of Co-payments collected $ $
(For Tracking Purposes only)
DOEA FORM 105C
Reused 06/10/16
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Page 57 of 60
16D5
(July 2023—June 2024) CCE 203.23
ATTACHMENT XIII
COST REIMBURSEMENT SUMMARY
Contract#
Report(invoice)Number:
Budget Number of
Category Description units Service Date Amount
C
0
H
C
E
TOTAL ADMINISTRATION SO 00
d
x
W
TOTAL EXPENSES $0.00
Page 58 of 60
160c
(July 2023—June 2024) CCE 203.23
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 METHOD OF UNIT TYPE
UNIT RATE PAYMENT
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
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Page 59 of 60
I6Dc
(July 2023—June 2024) CCE 203.23
ATTACHMENT XV
SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM
BUDGET YEAR:
RECIPIENT NAME:
PRIOR YEAR RATE:
Service
'emir
%Change
Prior Year Rate at (between
LINE-ITEM EXPENSES Historical Contract Current Requested Contract
Costs Execution Rate Rate Execution and
Requested)
Wages -
Fringe Benefits (Formula Allocated) -
Fringe Benefits (Manual Allocation) -
Travel -
Education/Training -
Communications & Postage -
Utilities -
Printing & Supplies -
Advertis ing -
Insurance -
Maintenance &Repair -
Space Costs (Rent) -
Equipment -
Professional fee s/Lega 1/A ud it -
Program Supplies -
Depreciation -
Food&Food Supplies -
Other -
TOTAL ALLOWABLE COSTS $0.00 $0.00 $0.00 $0.00 0.00%
Page 60 of 60
1605
Revised August 2007
Attestation Statement
Agreement/Contract Number 203.23
Amendment Number
Tanya R Williams
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
Collier County Board of County Commissioners
(Recipient/Contractor name)
Wit12144Ugtre en� 1's,r3 a rby formatting,due to thedifferences in
►a. wwive has no affec on the agreement/contract content.*
H Hams I anya
a n a Date: 2023.07.11
Y 09:39:13 -04'00' 07/11/2023
Signature of Recipient/Contractor representative Date
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.
Ap s -d as to F o rm . dL a ty:
,
i / /
Derek D.Perry /
Assistant County Attorney
Revised August 2007
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1605
(July 2023—June 2024) ADI 203.23
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 O
Page 1 of 63
1605
(July 2023—June 2024) ADI 203.23
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.
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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.
7.12 The Contractor shall comply with all applicable Florida and federal laws, including but not limited to, Chapters
119,286, and 617, Florida Statutes.
8. Background Screening:
The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435,F.S., 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,
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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.
C
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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.
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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:
coo
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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: �Q
C.
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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 terminated0
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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, interne, 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: CQ,�
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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,O
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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:
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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. o
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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:
co
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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-I.006(3), F.A.C., governs the procedure and consequences of
default. The Contractor shall continue work on any work not terminated. Except for defaults of Subcontractors
at any tier,the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from
events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to
perform is caused by the default of a Subcontractor at any tier,and if the cause of the default is completely beyond
the control of both the Contractor and the Subcontractor, and without the fault or negligence of either, the
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 rigtO
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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
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56. Official Payee and Representatives(Names,Addresses,and Telephone Numbers):
The Contractor name, as shown on page 1 of this Collier County Board of County
a. contract, and mailing address of the official payee to Commissioners 3299 E Tamiami Trail
whom the payment shall be made is: Naples, FL 34112
The name of the contact person and street address Kristi Sonntag,Director Community&Human
b. where financial and administrative records are Services Collier County Board of County
maintained is: Commissioners 3339 E Tamiami Trail,#211
Naples, FL 34112
Kristi Sonntag,Director Community&Human
The name,address, and telephone number of the Services Collier County Board of County
c. representative of the Contractor responsible for Commissioners 3339 E Tamiami Trail,#211
administration of the program under this contract is: Naples,FL 34112
239-252-4228
The section and location within the AAASWFL where Area Agency on Aging for Southwest Florida, Inc.
d. Requests for Payment and Receipt and Expenditure 2830 Winkler Ave., Suite 112
forms are to be mailed is: Fort Myers, FL 33916
Richard Cocchieri, CFO
The name,address,and telephone number of the Area Agency on Aging for Southwest Florida, Inc.
e. Contract Manager for this contract is: 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
undersigneed�o�fficials as duly
authorized /� �+p
CONTRACTBH: IHR$O). aVuigATly signed by AREA AGENCQY� r�6�Na1) ltDigitally signed by
do
OF COUNT OMMISSIONERSDate: 2023.07.11 FLORIDA,I Date: 0023 0�7.12
-a n ya 09:44:09 -04'00' /I o ra d o 08:20:34 -04'00'
SIGNED BY: SIGNED BY:
NAME: TANYA R WILLIAMS NAME: MARICELA MORADO
TITLE: PLTBLIC SERVirp.DEPARTMENT HEAD TITLE: CEO/PRESIDENT
DATE: 07/11/2023 DATE:07.12.23
As designee of the County Manager,pursuant to A ved as to Form a Legality:
Resolution No.2018-202. g ty'
Federal Tax ID: 59-6000558fi
Fiscal Year Ending Date: 09/30
DUNS: 076997790 Derek D.Perry
Assistant County Attorney
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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
coQ,
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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 O
individuals with AD. CiQ.
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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.
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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
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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.
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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.
CO3
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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;
1. 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.
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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. C)'
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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-
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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.
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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. Cps
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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.
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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.
0,40
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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. �t,0
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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 Provider Proposed Rate Increases up to 5%:
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 reviewed and approved by the DOEA. The AAAs shall follow their existing agency rate review and
approval process which at a minimum shall include:
i. A detailed written justification from the Service Provider describing the reason(s)for the interim rate
adjustment. This explanation shall include a detailed assessment of potential organizational and client
impact. The written justification shall provide sufficient detail for the AAA to review,identifying the
service or commodity component(s)that are increasing Service Provider costs.
ii. A current rate and a requested rate unit cost methodology. (Attachment XVII)
2. For Service Provider Proposed Rate Increases Exceeding 5%:
a. For Service Provider proposed rate increases of 5.01% or greater, the requirements detailed in i. and ii.
above shall apply PLUS sections i.,below.
i. Service Provider Proposed Rate Increases of 5.01% or greater must be reviewed and approved by
DOEA. The AAAs should forward all such requests to their Contract Manager and provide the
following additional information:
(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 reduce the proposed rate increase of 5.01%or greater have been explored and rejected.
(2) Contract Managers may request additional information from the Service Provider via the AAA.
Following DOEA's review/decision,the DOEA Contract Manager shall notify the AAA via email
of approval/disapproval and the AAA shall proceed accordingly.
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' �Q
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rates at the time of contract execution.
END OF ATTACHMENT
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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
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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.
co
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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.
G��
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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.
x Recipient/sub-recipient subject to 2 CFR §§200.86 and 200.93 and/or Section 215.97,F.S.
Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for-profit
organizations are exempt; for state financial assistance projects, public universities, community colleges, district
school boards, branches of state (Florida)government, and charter schools are exempt. Exempt organizations must
comply with all compliance requirements set forth within the contract or award document.
NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and/or state financial assistance,and has been
approved by the 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 O
§200.400(5)(c). Gt
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**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
cP,o
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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:
GRANT AWARD(FAIN#): FEDERAL AWARD DATE:
DUNS NUMBER:
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS CONTRACT ARE AS FOLLOWS:
FEDERAL FUNDS:
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards.
OMB Circular A-133—Audits of States,Local Governments,and Non-Profit Organizations
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL STATE AWARD
STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97,F.S.
PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT
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
t„..0
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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�0
C
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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.
Page 40 of 63
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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
co
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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. �0
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(July 2023—June 2024) ADI 203.23
Additionally,I certify this organization does X does not provide for institutional memberships.
Contractor's signature below attests that records pertaining to the dues or membership application by the 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.
W i l l i a m sTa Digitally signed by
Date: 2023.07.11
nya 09:44:55 -04'00' 3339 TAMIAMI TRAIL E#211
Signature and Title of Authorized Representative Street Address
TANYA R WILLIAMS
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NAPLES FL 34112
Contractor Date City, State,Zip code
As designee of the County Manager,pursuant to A r ved as to Form a Legality:
Resolution No. 2018-202.
fi
Derek D.Perry
Assistant County Attorney
cP,o
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1 6 05
(July 2023—June 2024) ADI 203.23
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.
o
c
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16D5
(July 2023—June 2024) ADI 203.23
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328), which
limit the political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. §§ 276a to 276a-7), the Copeland
Act (40 U.S.C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§
327-333),regarding labor standards for federally assisted construction sub-contracts.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or
more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. § 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of
endangered species under the Endangered Species Act of 1973, as amended(P.L.93-205).
12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1721 et seq.)related to protecting components
or potential components of the national wild and scenic rivers system.
13. Will assist the awarding 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.
1 's , r pp�ic�1 1 � n Red other federal laws, executive orders, regulations, and policies
igor �' by WilliamsTanya
T
ariVAHORIZEDEtte451F2: iw[�.�1t1i1Ki111 TITLE
09: 29 04'00'
TANYA B WT J T A N. PUBLIC SRVICE DEPARTMENT HEAD
APPLICANT ORGANIZATION DATE SUBMITTED
07/11/2023
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
p oved as to Form a Legality:
As designee of the County Manager,pursuant to
Resolution No. 2018-202. l
AI 6 0.
Page 45 of 63 Derek D.Perry
Assistant County Attorney
16p5
(July 2023—June 2024) ADI 203.23
ATTACHMENT V
FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST
Program/Facility Name County AAA/Contractor
Address Completed By
City,State,Zip Code Date Telephone
PART I:READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE
THIS FORM.
1. Briefly describe the geographic area served by the program/facility and the type of service provided:
Total# % % % % %
For questions 2-5 please indicate the following: 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
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 N/A YES NO
origin,sex,age,religion,or disability? ❑ ❑ ❑
9. Are all benefits,services and facilities available to applicants and participants in an equally effective manner N/A YES NO
regardless of race,sex,color,age,national origin,religion,or disability? ❑ ❑ ❑
10. For in-patient services,are room assignments made without regard to race,color,national origin or disability? N/A YES NO
❑ ❑ ❑
11. Is the program/facility accessible to non-English speaking clients? N/A YES NO
❑ ❑ ❑
12.Are employees,applicants and participants informed of their protection against discrimination? If YES,how? N/A YES NO
Verbal❑Written❑Poster❑ ❑ ❑ ❑
Page 46 of 63
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(July 2023—June 2024) ADI 203.23
13. Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER
against the program/facility. ❑
14. Is the program/facility physically accessible to mobility,hearing,and sight-impaired individuals? N/A YES NO
❑ ❑ ❑
PART III:THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO,
EXPLAIN.
15. Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO
necessary modifications? ❑ ❑
16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO
0 El
17. Has a person been designated to coordinate Section 504 compliance activities? YES NO
ID 0
18. Do recruitment and notification materials advise applicants,employees,and participants of nondiscrimination on YES NO
the basis of disability? ❑ ❑
19.Are auxiliary aids available to ensure accessibility of services to hearing and sight-impaired individuals? YES NO
❑ ❑
PART IV:FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF$50,000.00 OR MORE.
20. Do you have a written affirmative action plan? If NO,explain. YES NO
❑ ❑
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 / /
Ct°
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(July 2023 —June 2024) ADI 203.23
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�et
G
Page 48 of 63
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(July 2023—June 2024) ADI 203.23
termination,etc.). Indicate the civil rights law or policy alleged to have been violated along with the name and address
of the local, state, or federal 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.
Cit0
Page 49 of 63
16D5
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16D5
(July 2023—June 2024) ADI 203.23
ATTACHMENT VII
BACKGROUND SCREENING
Ron DeSantis
Governor
Department of
ELDER AFFAIRS Michelle Branham
STATE OF FLORIDA Secretary
BACKGROUND SCREENING
Attestation of Compliance-Employer
AUTHORITY: This form is required annually of all employers to comply with theattestation
requirements set forth in section 435.05(3),Florida Statutes.
> The term "employer" means any person or entity required by law to conduct background
screenings, including but not limited to, Area Agencies on Aging/Aging and Disability
ResourceCenters, Lead Agencies, and Service Providers that contract directly or indirectly
with the Department of Elder Affairs (DOEA), and any other person or entity which hires
employees or has volunteers in service who meet the definition of a direct service provider.
See §§435.02,430.0402,Fla. Stat.
> A direct service provider is "a person 18 years of age or older who, pursuant to a program
to provide services to the elderly,has direct,face-to-face contact with a client while providing
services to the client and has access to the client's living area, funds, personal property, or
personal identification information as defined in s. 817.568. The term includes coordinators,
managers, and supervisors of residential facilities and volunteers." § 430.0402(1)(b), Fla.
Stat.
ATTESTATION:
As the duly authorized representative of
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Employer Name
located at 3339 TAMIAMI TRAIL E#211 NAPLES FL 34112
Street Address City State ZIP code
I, TANYA R WILLIAMS do hereby affirm under penalty of
Name of Representative
that the �ve raimiaitrylgoweid by compliance with the provisions of Chapter
EL1Z4E01&0?01Rr i ,regarding level 2 background screening.
nya Date: 2023.07.11 07/11/2023
09:16:15 0''00'
Signature of Representative Date A r ved as to Form an egality:
DOER Form 235,Attestation of Compliance-Employer,Effective January 19,2021
F.S.Form available at:hum:elderolrairs.orQwo-cvntent unloads brrck¢round-screeninz-atWilarit-oJ-cmmnhanceamolourodi th/1j
Section 435.05(3),
Derek D.Perry
As designee of the County Manager,pursuant to Assistant County Attorney
Resolution No.2018-202. 0
Page 51 of 63
l6D5
(July 2023—June 2024) ADI 203.23
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.
SUBCONTRACTOR NAME SUBCONTRACTOR'S CMBE EXPENDITURES
FEID
DOEA USE ONLY--REPORTING ENTITY(DIVISION,OFFICE,ETC)
SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO:JUSTIN TAYLOR
CMBE COORDINATOR,CONTRACT ADMINISTRATION&PURCHASING,TALLAHASSEE,FLORIDA 32399-7000.
If unsure 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 t,„.0
Page 52 of 63
1695
(July 2023—June 2024) ADI 203.23
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.
c ,0
Page 53 of 63
16Q5
(July 2023—June 2024) ADI 203.23
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.
Page 54 of 63
1 6 05
(July 2023—June 2024) ADI 203.23
ATTACHMENT X
ANNUAL BUDGET SUMMARY
ALZHEIMER'S DISEASE INITIATIVE PROGRAM
SERVICES
Respite $984,394.00
Total: $984,394.00
co
Page 55 of 63
16D5
(July 2023-June 2024) ADI 203.23
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#
PEA:
CERTIFICATION I hereby certify to the best of my knowledge that this request is complete and correct and conforms with the terns and the purposes of the above contract.
Prepared by: Date: Approved by: Date:
• (1) • (2) (3) (4)
PART A: BUDGET SUMMARY Adrriristration 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(tile 1 minus the 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 1062
Revised 06/22
Page 56 of 63
160c
(July 2023-June 2024) ADI 203.23
ATTACHMENT XII
RECEIPT AND EXPENDITURE REPORT
ALZHEIMERS DISEASE INITIATIVE PROGRAM
PROVIDER NAME,ADDRESS,PHONE#,and FEID MD Program Funding
Administrative Services: Contract#
Respite: 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 $
(Includes co-payments collected) 3.Other Earned $
PART D:CO-PAYMENTS CURRENT MONTH YEAR-TO-DATE
1.Total of Co-payments assessed $ $
2.Total of Co-payments collected $ $
(For Tracking Purposes only)
DOEA FORM 105Z
Revised 06/22
cpP
Page 57 of 63
16U5
(July 2023—June 2024) ADI 203.23
ATTACHMENT XIII
COST REIMBURSEMENT SUMMARY
Contract Number:
Service Period:
Report Number:
Budget
Category Description Number of Units Amount
0
U!
E
TOTAL ADMINISTRATION $0.00
0
d
N
N
xa
w
TOTAL EXPENSES $0.00
Page 58 of 63
1 6 D 5
(July 2023—June 2024) ADI 203.23
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.
FY 22/23 MAXIMUM METHOD OF UNIT
DELIVERABLES REIMBURSEMENT PAYMENT TYPE
UNIT RATE
CASE MANAGEMENT $94.50 Fixed Fee/Unit Rate HOUR
RESPI I'F.IN-HOME $24.99 Fixed Fee/Unit Rate HOUR
SPECIALIZED MEDICAL EQUIPMENT, Cost Reimbursement Cost Reimbursement EPISODE
SERVICES,AND SUPPLIES
Page 59 of 63
1605
(July 2023—June 2024) ADI 203.23
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
Listsery 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
memorvdisorderclinic(ii elderaffairs.org
co
Page 60 of 63
1605
(July 2023—June 2024) ADI 203.23
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: Lives Alone:
Yes/No Yes/No
Caregiver Name: Relationship:
Phone: Alternate Phone:
Services/Referrals Provided by ADRC:
Notes/Comments:
"p
Page 61 of 63
1b05
(July 2023—June 2024) ADI 203.23
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.
co
Page 62 of 63
1605
(July 2023—June 2024) ADI 203.23
ATTACHMENT XVII
SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM
BUDGET YEAR:
RECIPIENT NAME:
PRIOR YEAR RATE:
"ervice
% Change
Prior Year Rate at Current Requested (between
LINE-ITEM EXPENSES Historical Contract Contract
Costs Execution Rate Rate 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%
,gyp
Ct
Page 63 of 63
I605
Revised August 2007
Attestation Statement
Agreement/Contract Number ADI 203.23
Amendment Number
I, TANYA R WILLIAMS ,attest that no changes or revisions have been made to the
(Recipient/Contractor representative)
content of the above referenced agreement/contract or amendment between the Area Agency on Aging for
Southwest Florida and
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting,due to the differences in
Idata�p�e��.media, lit., lnq�#' Gt,�tlispreement/contract content*VreI I WiilliamsT'ayn'ya 'JY
Date: 2023.07.11
Ya 09:47:16 -04'00' 07/11/2023
Signature of Recipient/Contractor representative Date
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.
Revised August 2007
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16D5
(July 2023—June 2024) HCE 203.23
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 O
GP'
Page 1 of 59
I 6 05
(July 2023—June 2024) HCE 203.23
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.
coo
Page 2 of 59
16D5
(July 2023—June 2024) HCE 203.23
7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit invoices
for any travel expenses in accordance with Section 112.061,F.S.,or at such lower rates as may be provided
in this contract.
7.3.6 The Contractor shall allow public access to all documents,papers,letters,or other public records as defined
in Section 119.011(12), F.S., made or received by the Contractor in conjunction with this contract except
for those records which are made confidential or exempt by law. The Contractor's refusal to comply with
this provision will constitute an immediate breach of contract for which 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.
7.12 The Contractor shall comply with all applicable Florida and federal laws, including but not limited to, Chapters
119,286, and 617,Florida Statutes.
8. Background Screening:
The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435,F.S.,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,
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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. �0
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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
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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. o
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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.
Cip'
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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 Contracet,P
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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.
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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 O
CMBE Report shall include the names, addresses, and dollar amount of each certified participant, and a ct .
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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
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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. O
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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. 0
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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 o
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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
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56. Official Payee and Representatives(Names,Addresses,and Telephone Numbers):
The Contractor name,as shown on page 1 of this Collier County Board of County Commissioners
a. contract, and mailing address of the official payee to 3329 E Tamiami Trail,Building H
whom the payment shall be made is: Naples,FL 34112
The name of the contact person and street address Kristi Sonntag, Director Community&Human
b. where financial and administrative records are Services Collier County Board of County
maintained is: Commissioners 3339 E Tamiami Trail,#211
Naples, FL 34112
Kristi Sonntag,Director Community&Human
The name, address,and telephone number of the Services Collier County Board of County
c. representative of the Contractor responsible for Commissioners 3339 E Tamiami Trail,#211
administration of the program under this contract is: Naples,FL 34112
239-252-4228
The section and location within the AAASWFL where Area Agency on Aging for Southwest Florida,
d. Requests for Payment and Receipt and Expenditure Inc
forms are to be mailed is: 2830 Winkler Ave., Suite 112
Fort Myers,FL 33916
Richard Cocchieri,CFO
Area Agency on Aging for Southwest Florida,
The name,address,and telephone number of the Inc
e. Contract Manager for this contract is: 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.
CONTRACT R I �TO U �'( a� by AREA AGENM if FC MWRSTY
WilliamsOF COUNTY COMMISSIONED.: II y FLORIDA,INC.
a n a Date: 2023.07.11 M o ra d o Date: 2023.07.12
SIGNED BY: 09:49:03-04'00' SIGNED BY: 08:19:52-04 00'
NAME: TANYA R WIT.T.TAMS NAME: MARICELA MORADO
TITLE: PTIRT.IC SRRVTCF.DEPARTMENT HEAD TITLE: CEO/PRESIDENT
DATE: 07/11/2023 DATE: 07.12.23
As designee of the County Manager,pursuant to
Resolution No. 2018-202. A ro ed as to or a d g ity:
Federal Tax ID: 59-6000558
Fiscal Year Ending Date: 09/30 •
DUNS: 076997790 Derek D.Perry
Assistant County Attorney �Q
Page 16 of 59
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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
coA
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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. o
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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
Ci�0
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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.
cP,o
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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.
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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 18) Occupational Therapy
2) Adult Day Health Care 19) Other
3) Assurance(Telephone and In-Person) 20) Personal Care
4) Caregiver Training/Support 21) Pest Control
5) Chore 22) Physical Therapy
6) Chore(Enhanced) 23) Respite(Facility Based or In-Home)
7) Congregate Meals 24) Shopping Assistance
8) Congregate Meals Screening 25) Skilled Nursing Services
9) Counseling(Gerontological) 26) Specialized Medical Equipment, Services and
10) Counseling(Mental Health/Screening) Supplies
11) Education/Training 27) Speech Therapy
12) Home Health Aide Service 28) Transportation
13) Homemaker
14) Home Delivered Meals
15) Housing Improvement
16) Information
17) Material Aid
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 P"Q
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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 C�0
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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.
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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; FAO
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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, O
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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
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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.
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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 II1.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.
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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 AAA SWFL'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).
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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 Proposed Rate Increases up to 5%:
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 reviewed and approved by the DOEA. The AAAs shall follow their existing agency rate review and
approval process which at a minimum shall include:
i. A detailed written justification from the Service Provider describing the reason(s)for the interim rate
adjustment. This explanation shall include a detailed assessment of potential organizational and client
impact. The written justification shall provide sufficient detail for the AAA to review,identifying the
service or commodity component(s)that are increasing Service Provider costs.
ii. A current rate and a requested rate unit cost methodology. (Attachment XV)
2. For Service Provider Proposed Rate Increases Exceeding 5%:
a. For Service Provider proposed rate increases of 5.01% or greater, the requirements detailed in i. and ii.
above shall apply PLUS sections i.,below.
i. Service Provider Proposed Rate Increases of 5.01% or greater must be reviewed and approved by
DOEA. The AAAs should forward all such requests to their Contract Manager and provide the
following additional information:
(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 reduce the proposed rate increase of 5.01%or greater have been explored and rejected.
(2) Contract Managers may request additional information from the Service Provider via the AAA.
Following DOEA's review/decision,the DOEA Contract Manager shall notify the AAA via email
of approval/disapproval and the AAA shall proceed accordingly.
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
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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
co
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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 10`b 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.
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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.
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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.
x Recipient/sub-recipient subject to 2 CFR§§ 200.86 and 200.93 and/or Section 215.97,F.S.
Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for-profit
organizations are exempt; for state financial assistance projects, public universities, community colleges, district
school boards,branches of state (Florida) government, and charter schools are exempt. Exempt organizations must
comply with all compliance requirements set forth within the contract or award document.
NOTE: If a Contractor is determined to be a recipient/sub-recipient of federal and/or state financial assistance,and has been
approved by the 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 O
§200.400(5)(c). �,Q'
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**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
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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:
GRANT AWARD(FAIN#): FEDERAL AWARD DATE:
DUNS NUMBER:
PROGRAM TITLE FUNDING SOURCE CFDA ' AMOUNT
TOTAL FEDERAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS CONTRACT ARE AS FOLLOWS:
FEDERAL FUNDS:
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards.
OMB Circular A-133 —Audits of States,Local Governments,and Non-Profit Organizations
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL STATE AWARD
STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97,F.S.
PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT
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 691-5,F.A.C., State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws,rules, and regulations
cQ,o
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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�0
C
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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.
FAO
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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
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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. O
Cri*
Page 41 of 59
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Additionally, I certify this organization does 1 does not nprovide 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).
B I lbelow, nt orcc rt 1 f1 f o n ons outlined in parts A through J above are true and correct.
WilliamsTanya
n ya Date: 2023.0/.11
09:50:08 -04'00'
3339 Tamiami Trail E#211
Signature and Title of Authorized Representative Street Address
TANYA R WILLIAMS
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Naples,FL 34112
Contractor Date City, State,Zip code
As designee of the County Manager,pursuant to
Resolution No. 2018-202. pr ved as t Fot nd e lity:
Derek D.Perry
Assistant County Attorney
co
Page 42 of 59
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(July 2023—June 2024) HCE 203.23
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.
cso
Page 43 of 59
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(July 2023—June 2024) HCE 203.23
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328), which
limit the political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland
Act (40 U.S.C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§
327-333),regarding labor standards for federally assisted construction sub-contracts.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or
more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. § 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L. 93-523); and(h)protection of
endangered species under the Endangered Species Act of 1973, as amended(P.L. 93-205).
12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1721 et seq.)related to protecting components
or potential components of the national wild and scenic rivers system.
13. Will assist the awarding 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
V V
ttaima Digitally signed by
" III WilliamsTanya
SIGNATURE OF AUTHORIZ'„'D�' ff'iF A�F��If4AL TITLE
n ya 09:51 :21 -04'00'
TANYA P WIT LIAMS PUBLIC SERVICE DEPARTMENT HEAD
APPLICANT ORGANIZATION DATE SUBMITTED
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 07/11/2023
As designee of the County Manager,pursuant to Approv as to Form d t.
ati
Resolution No. 2018-202.
Page 44 of 59 Derek D.Perry
Assistant County Attorney
16 05
(July 2023—June 2024) HCE 203.23
ATTACHMENT V
FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST
Program/Facility Name County AAA/Contractor
Address Completed By
City,State,Zip Code Date Telephone
PART I:READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE
THIS FORM.
1. Briefly describe the geographic area served by the program/facility and the type of service provided:
Total# % % % % % % %
For questions 2-5 please indicate the following: 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
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
CI El El
8. Are eligibility requirements for services applied to clients and applicants without regard to race,color,national N/A YES NO
origin,sex,age,religion,or disability? ❑ ❑ 0
9. Are all benefits,services and facilities available to applicants and participants in an equally effective manner N/A YES NO
regardless of race,sex,color,age,national origin,religion,or disability? ❑ ❑ ❑
10. For in-patient services,are room assignments made without regard to race,color,national origin or disability? N/A YES NO
❑ ❑ ❑
11. Is the program/facility accessible to non-English speaking clients? N/A YES NO
❑ ❑ ❑
12.Are employees,applicants and participants informed of their protection against discrimination? If YES,how? N/A YES NO
Verbal❑Written 0 Poster❑ ❑ ❑ ❑
coQ,
Page 45 of 59
16p5
(July 2023—June 2024) HCE 203.23
13. Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER
against the program/facility.
14. Is the program/facility physically accessible to mobility,hearing,and sight-impaired individuals? N/A YES NO
❑ ❑ ❑
PART III:THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO,
EXPLAIN.
15. Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO
necessary modifications? ❑ ❑
16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO
❑ ❑
17. Has a person been designated to coordinate Section 504 compliance activities? YES NO
❑ ❑
18. Do recruitment and notification materials advise applicants,employees,and participants of nondiscrimination on YES NO
the basis of disability?
El
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
❑ ❑
l)OE.% I SE O\LN
Reviewed by In Compliance: YES ❑ NO* ❑
Program Office *Notice of Corrective Action Sent / /
Date Telephone Response Due / /_
On-Site ❑ Desk Review ❑ Response Received / /
coo
Page 46 of 59
I60J ;
(July 2023—June 2024) HCE 203.23
ATTACHMENT V
INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST
1. Describe the geographic service area such as a district, county, city, or other locality. If the program/facility serves a
specific target population such as adolescents, describe the target population. Also,define the type of service provided.
2. Enter the percent of the population served by race,sex,disability,and over the age of 40. The population served includes
persons in the geographical area for which services are provided such as a city,county or other regional area. Population
statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census
containing Florida population statistics. Include the source of your population statistics. ("Other" races include
Asian/Pacific Islanders and American Indian/Alaskan Natives.)
3. Enter the total number of full-time staff and their percent by race, sex, disability, and over the age of 40. Include the
effective date of your summary.
4. Enter the total number of clients who are enrolled,registered or currently served by the program or facility,and list their
percent by race, sex,disability, and over the age of 40. Include the date that enrollment was counted.
a. Where there is a significant variation between the race,sex,or ethnic composition of the clients and their availability
in the population, the program/facility has the responsibility to determine the reasons for such variation and take
whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when
programs are sanctioned to serve target populations such as elderly or disabled persons.
5. Enter the total number of advisory board members and their percent by race, sex, disability, and over the age of 40. If
there is no advisory or governing board, leave this section blank.
6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in
compliance with all nondiscriminatory provisions as required in 45 CFR Part 80. This is usually a standard part of the
contract language for DOEA Recipients and their Sub-grantees. 45 CFR§ 80.4(a).
7. Is the race,sex,and national origin of the staff reflective of the general population? For example,if 10%of the population
is Hispanic,is there a comparable percentage of Hispanic staff?
8. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or
employment? Evidence of such may be indicated in staff and client representation(Questions 3 and 4)and also through
on-site record analysis of persons who applied but were denied services or employment. 45 CFR§ 80.3(a)and 45 CFR
§ 80.1.
9. Participants or clients must be provided services such as medical,nursing, and dental care,laboratory services, physical
and recreational therapies, counseling, and social services without regard to race, sex, color, national origin, religion,
age, or disability. Courtesy titles, appointment scheduling, and accuracy of record keeping must be applied uniformly
and without regard to race, sex, color, national origin, religion, age, or disability. Entrances, waiting rooms, reception
areas,restrooms,and other facilities must also be equally available to all clients. 45 CFR§ 80.3(b).
10. For in-patient services,residents must be assigned to rooms,wards,etc.,without regard to race,color,national origin,or
disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a
different race, color,national origin, or disability. 45 CFR§ 80.3(a).
11. The program/facility and all services must be accessible to participants and applicants,including those persons who may
not speak English. In geographic areas where a significant population of non-English speaking people live, program
accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for
service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision
of services. 45 CFR§ 80.3(a).
12. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their
participants, beneficiaries, or any other interested parties. 45 CFR § 80.6(d). This should include information on their
right to file a complaint of discrimination with either the 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�IN
C
Page 47 of 59
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(July 2023—June 2024) HCE 203.23
termination, etc.). Indicate the civil rights law or policy alleged to have been violated along with the name and address
of the local, state, or federal 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.
Page 48 of 59
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l605
(July 2023 —June 2024) HCE 203.23
ATTACHMENT VII
BACKGROUND SCREENING
Ron DeSantis
Governor
Department of
ELDER AFFAIRS Michelle BranhamSTATE OF FLORIDA Secretary
BACKGROUND SCREENING
Attestation of Compliance-Employer
AUTHORITY: This form is required annually of all employers to comply with theattestation
requirements set forth in section 435.05(3),Florida Statutes.
➢ The term "employer" means any person or entity required by law to conduct background
screenings, including but not limited to, Area Agencies on Aging/Aging and Disability
ResourceCenters, Lead Agencies, and Service Providers that contract directly or indirectly
with the Department of Elder Affairs (DOEA), and any other person or entity which hires
employees or has volunteers in service who meet the definition of a direct service provider.
See §§435.02,430.0402,Fla. Stat.
➢ A direct service provider is "a person 18 years of age or older who, pursuant to a program
to provide services to the elderly,has direct,face-to-face contact with a client while providing
services to the client and has access to the client's living area, funds, personal property, or
personal identification information as defined in s. 817.568. The term includes coordinators,
managers, and supervisors of residential facilities and volunteers." § 430.0402(1)(b), Fla.
Stat.
ATTESTATION:
As the duly authorized representative of
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Employer Name
located at 3339 TAMIAMI TRAIL E#211 NAPLES FL 34112
Street Address City State ZIP code
I, TANYA R WWLIAMS do hereby affirm under penalty of
Name of Representative
/�i41i 1 1Se fl at{r{-►�it rptge sbYn compliance with the provisions of Chapter
VV��4``3``5 and section 430.0402.W1R �d l rs,re ardi level 2 background screening.
Date: 202 U7.11 :52:U1 a -04'00' 07/11/2023
Signature of Representative Date
DOEA Form 235,Attestation of Compliance-Employer,Effective January 19,2021 Approv aS to Form d ali
F.S.Form available at:https: elderafairs.orrwn-content uploads back2nvmd-.screeninu-af a ',tokonydiance-emplowrpdi
Section 435.05(3),
As designee of the County Manager,pursuant to Derek D.Perry
Resolution No.2018-202. Assistant County Attorney
Page 50 of 59
1605
(July 2023—June 2024) HCE 203.23
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.
SUBCONTRACTOR NAME SUBCONTRACTOR'S CMBE EXPENDITURES
FEID
DOEA USE ONLY--REPORTING ENTITY(DIVISION,OFFICE,ETC)
SEND COMPLETED FORMS VIA INTEROFFICE MAIL TO:JUSTIN TAYLOR
CMBE COORDINATOR,CONTRACT ADMINISTRATION&PURCHASING,TALLAHASSEE,FLORIDA 32399-7000.
If unsure 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 ,t,0
Page 51 of 59
I 5
(July 2023 —June 2024) HCE 203.23
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.
C)*o
Page 52 of 59
16pc ,
(July 2023—June 2024) HCE 203.23
ATTACHMENT IX
ANNUAL BUDGET SUMMARY
1. HCE Services(Subsidies& Case Management) $55,538.00
Total $55,538.00
0.0
Page 53 of 59
16D5
(July 2023—June 2024) HCE 203.23
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
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Page 54 of 59
I6D5
(July 2023-June 2024) HCE 203.23
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
Page 55 of 59
16D5
(July 2023 -June 2024) HCE 203.23
ATTACHMENT XII
RECEIPT AND EXPENDITURE REPORT
HOME CARE FOR THE ELDERLY PROGRAM
PROVIDER NAME,ADDRESS,PHONE#and FEID# Program Funding: Contract#
Contract Period
AAA Admin. Report Period
Report#
Services
Invoice#
PSA#
CERTIFICATION: I certify to the best of my knowledge and belief that the report is complete and correct and all outlays
herein are for purposes set forth in the contract
Prepared by: Date: Approved by: Date
PART :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.TOTAL RECEIPTS $0.00 $0.00 $0.00 r #DIV/0!
PART B:EXPENDITURES 1.Approved 2.Expenditures 3.Expenditures 4. Percent of
Budget For This Report Year to Date Approved Budget
1.AAA Program Administration $0.00 $0.00 $0.00 r #DIV/0!
2.Services $0.00 $0.00 $0.00 r #DIV/0!
3.TOTAL EXPENDITURES $0.00 $0.00 $0.00 r #DIV/0!
PART C:OTHER REVENUE AND EXPENDITURES
I.Interest: II.Advance Recoupment
1.Earned on GR Advance$
2.Return of GR Advance $ 1.Advance Recouped $
3.Other Earned $
DOEA FORM 105H
Revised 03/23/18
Page 56 of 59
160c
(July 2023 —June 2024) HCE 203.23
ATTACHMENT XIII
COST REIMBURSEMENT SUMMARY
Contract#
Report(invoice)Number:
Budget Number of
Category Description units Service Date Amount
C
0
A
C
E
v
a
TOTAL ADMINISTRATION $0.00
m
a
a
W
TOTAL EXPENSES $0.00
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Page 57 of 59
1 6 D c
(July 2023—June 2024) HCE 203.23
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 METHOD OF UNIT TYPE
UNIT RATE PAYMENT
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, Cost Reimbursement Cost Reimbursement EPISODE
AND SUPPLIES-VENDOR PAYMENT
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Page 58 of 59
1 6 fp
(July 2023—June 2024) HCE 203.23
ATTACHMENT XV
SIMPLIFIED UNIT COST METHODOLOGY RATE INCREASE REQUEST FORM
BUDGET YEAR:
RECIPIENT NAME:
PRIOR YEAR RATE:
Service
Change
Prior Year Rate at Current Requested (between
LINE-ITEM EXPENSES Historical Contract Contract
Rate Rate
Costs Execution 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%
O
Page 59 of 59
1605
Revised August 2007
Attestation Statement
Agreement/Contract Number HCE 203.23
Amendment Number
I, TANYA R WILT,JAMS ,attest that no changes or revisions have been made to the
(Recipient/Contractor representative)
content of the above referenced agreement/contract or amendment between the Area Agency on Aging for
Southwest Florida and
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting,due to the differences in
Wouic.data cstygd'actilibinv g e� uhe agreement/contract content:iiatmesIe WilliamsTanya
nya Date: 2023.07.11
09:52:43 -04'00' 07/11/2023
Signature of Recipient/Contractor representative Date
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.
PP oved as t Form and e ality:
e ek D.Perry
Assistant County Attorney
Revised August 2007
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