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Agenda 06/23/2009 Item #16D 3 Agenda Item No. 1603 June 23, 2009 Page 1 of 34 EXECUTIVE SUMl\-IARY ~,....-..... Recommendation for the Board of County Commissioners to approve a contract renewal for the Master Agreement with the Area Agency on Aging for Southwest Florida, Inc., relating to grants awarded to the Services for Seniors program, authorize the Chairman to sign the renewal, and authorize the continued payment of grant expenditures. OBJECTIVE: To improve the quality of life and promote personal self-reliance and independence for the community's growing senior population. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for over 30 years through Federal and State funded grant programs. These grants allow for the delivery of various services to the County's frail elderly preventing premature and costly institutional placement. ,.....-. The State of Florida General Revenue Master Agreement must be renewed at this time for grant funding to continue. The Master Agreement outlines grantee requirements for administering all of the State of Florida funded grants. Agreement 203.M007 (dated 12/31/(6) relates to all State General Revenue grant programs such as the Community Care for the Elderly program, Alzheimer's Disease Initiative and Home Care for the Elderly. The agreement addresses such items as Federal laws and regulations, civil rights compliance, insurance requirements, audits, and the safeguarding of the State computer network system. All current and future grant contracts and renewals reference the Master Agreement as well as specify the individual grant contract amounts, effective date of the grant agreement, method of payment, and any special provisions. This original agreement covered January 1, 2007 through December 31, 2007. The Board of County Commissioners retroactively approved the renewal agreement for the period January 1, 2008 through December 31, 2008 on September 23, 2008, item 16D4. The current renewal agreement was received from the Area Agency on Aging on May 12, 2009; is retroactive to January 1, 2009 and will continue through September 30,2009. It must be approved retroactively to authorize the continued payment of grant expenditures. GROWTH MANAGEMENT: There IS no growth management impact on this recommendation. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action.- CMG FISCAL IMPACT: There is no fiscal impact on this recommendation. --- RECOMMENDA TIONS: Staff recommends that the Board of County Commissioners approve the renewal agreement, authorize the Chairman to sign the renewal, and authorize the continued payment of grant expenditures. -- ./,.......,. .~ Agenda Item No. 1603 June 23,2009 Page 2 of 34 Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department Page 1 of I Agenda Item No. 1603 June 23, 2009 Page 3 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1603 Recommendation for the Board of County Commissioners to approve a contract renewal for the Master Agreement with the Area Agency on Aging for Southwest Florida, Inc., relating to grants awarded to the Services for Seniors program, authorize the Chairman to sign the renewal. and authorize the continued payment of grant expenditures. Meeting Date: 6/23/200990000 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Housing & Human Services 6/4/20095:04:18 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 6/412009 10: 13 PM Approved By Marta Ramsey Public Services Administrator Date Public Services Public Services Admin. 6/5/200910:57 AM Approved By Kathy Carpenter Ex.ecutive Secretary Date Public Services Public Services Admin. 6/5/2009 10:59 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 6/512009 5:01 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 6/8/20099:38 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6/9/2009 10:40 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/10/20093:43 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 6/11/20094:19 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 6/16/200910:18 AM Commissioners file://C:\AgendaTest\Export\ 132-June%2023,%202009\ 16.%20CONSENT%20AGENDA \1,.. 6/17/2009 Agenda Item No. 1603 June 23, 2009 Page 4 of 34 Contract Renewal GR #001 GR Master Contract No. 203.M007 STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. CONTRACT RENEWAL FORM THIS CONTRACT RENEWAL is entered into by and between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency" and the Collier County Housing and Human Services, hereinafter referred to as the "recipient." In accordance with contract 203.M007, the agency exercises its option to renew the contract if mutually agreed to by both parties. This renewal will begin on January 1, 2009 and end on September 30, 2009. All terms and conditions of the original contract and any supplements and amendments thereto shall remain in force and effect for this renewal. IN WITNESS THEREOF, the parties hereto have caused this 1 page contract to be executed by their undersigned officials as duly authorized. VENDOR: ArrEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY HOUSING AND HUMAN SERVICES By: By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: (riQQo~~o Assistant Coun Attorney By: DONNA FIALA., CHAIRMAN Date: June 23. 2009 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INe. SIGNED BY: NAME: John Koehler TITLE: Immediate Past Board Presjdent DATE: FEDERAL ID NUMBER 59-6000558 FISCAL YEAR-END DATE: 9/30 2007 GR Agenda Item No. 1603 Master contract~~~~ STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. MASTER CONTRACT FOR GENERAL REVENUE PROGRAMS Tms MASTER CONTRACT is entered into this 31 st day of December ,2006 , by and between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "Agency," and the Collier County Services for Seniors. hereinafter referred to as the "contractor." The terms contractor and subcontractor are deemed to have the same meaning and definition as the terms recipient and subrecipient as defined in OMB Circular A-133, are interchangeable, and have the same force and effect. _ This contract is the successor to Master Agreement Number HM004, entitled State of Florida, Department of Elder Affairs, Master Agreement. This contract shall begin on January 1,2007 or on the date the contract has been signed by both parties, whichever is later, and shall end on December 31, 2007. This contract can be renewed for an additional one (1) year term by agreement of the parties. All agreements and/or contracts executed between the agency and the contractor during the effective period of this contract shall reference this contract by number, incorporating it therein, and shall be governed in accordance with the applicable laws, statutes and other conditions set forth in this contract. 1. Scope of Services The contractor agrees to provide the services specified in each agreement and/or contract with the agency during the period this master contract is in effect. The contractor agrees that this master contract covers all services provided by the contractor under agreements and/or contracts with the agency. The contractor agrees to provide services in compliance with tl)e provisions of the Department's Home and Community Based Services Handbook. II. Independent Contractor The contractor will be acting in its independent capacity and not as an employee, agent or representative of the agency. The contractor shall not be deemed or construed to be an employee, agent or representative of the agency for any pwpose whatsoever. Nothing contained in this contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The contractor shall be responsible for the work under this contract, including the work of any subcontractor it may utilize. III. Payment Requirements The contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof of all agreements and/or contracts covered by this contract. The contractor shall comply with the particular requirements under the following laws and guidelines that are applicable to the agreements and/or contracts covered WIder this contract: (a) paragraph (16) (b) of section 216.181, F. S., regarding advances; (b) paragraph 691-40.103 F.A.C. pertaining to Restriction of Expenditures from state fimds; and., (c) the Contract Payment Requirements sub-section of section C of the Reference Guide for State Expenditures from the Department of Financial Services (http://www.fldfs.com/aadir/reference%5Fguidel). The contractor certifies that detailed documentation is 2007 GR Agenda Item No. 1603 Master Contract ~~~~n~ available to support each item on the itemized invoice or payment request for cost reimbursed expenses, fixed rate or deliverable contracts, including paid subcontractor invoices, and will be produced upon request by the agency. The contractor further certifies that reimbursement requested is only for allowable expenses as defined in the laws and guiding circulars cited in Section N. (State and Federal Law and Regulations) of this contract, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do not exceed amounts budgeted in the contractor's approved service provider application as developed in accordance with and pursuant to section 306(a) ofthe Older Americans Act of 1965, as amended, The contractor and subcontractors shall provide units of deliverables, including reports, findings, and drafts as specified in the agreements and/or contracts and attachments covered by this contract, and the area plans developed by the agency and the service provider application developed by the contractor to be received and accepted by the contract manager prior to payment. N. State and Federal Laws and Regulations: The contractor shall comply with the cost principles, administrative requirements, and other provisions of all applicable state and federal laws and regulations including, but not limited to: the Older Americans Act of 1965, as amended, sections 215.97 and 216.348, F.S., Title 45, Code of Regulations (CFR), Part 74, and/or 45 CFR Part 92 and Part 1321, and/or 48 CPR Part 31, and Office of Management and Budget (OMB) Cost Principles 225 (A-87) and 230 (A-122), Federal Acquisition Regulation 31.2, Circulars A-133 and A-102 and 2 CPR Part 215 and Part 215 (formerly OMB Circular A-II0), whichever is applicable to the contractor's organization. The contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act [42 United States Code (U.S.C.) 7401 et. seq.], the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, Title 29 CPR, Part 1910.1030, and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. seq.). The contractor shall report any violations of the above to the agency. The contractor shall comply with section 112.061, F. S., and any policies of the agency regarding any and all business travel pursuant to agreements and/or contracts covered by this contract (including use of the State approved Reimbursement of Travel Expenses form, or an equivalent form developed by the contractor), and comply with the provisions of Chapter 119, F.S., allowing public access to all public records made or received by the contractor in conjunction with this contract and any agreements and/or contracts incorporating this contract by reference. In addition, section 20.41(9), F.S., requires that all lead agencies are subject to Chapter 119, F.S., relating to public records, and, when considering any contracts requiring the expenditure of funds, are subject to sections 286.011 and 286.012, F .S., relating to public meetings. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the contractor or subcontractors who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). Transportation Disadvantaged: If clients are to be transported under any agreements and/or contracts incorporating this contract, the contractor shall comply with the provisions of Chapter 427, F.S., and Chapter 41-2, F. A. C. Use of Funds For Lobbying Prohibited: The contractor shall comply with the provisions of section 216.347, F.S., which prohibits the expenditures of funds for the purpose oflobbying the Legislature, a judicial branch or a state agency. 2 2007 GR Agenda Item No. 1603 Master Contract ~.m0Q{)39 -r:sagr;'7 of 34 Safeguarding Information: Except as provided for the agency's auditing and monitoring purposes, the contractor shall not use or disclose any information concerning a client who receives services under agreements and/or contracts incorporating this contract by reference or subsequent agreements and/or contracts for any purpose not in confonnity with state and federal regulations, except upon written consent of the client, or the client's authorized representative. Health InsW"8Ilce Portability Act of 1996 (HIPAA) Compliance: If the contractor will receive client's protected health information as a result of this contract, then the agency recognizes that the agency and the contractor are "Business Associates" of each other under the tenns of the HIP AA. Furthermore, the agency and the contractor will enter into a Business Associate Agreement separate from this contract. Grievance and Appeal Procedures: The contractor shall ensure, through its contract provisions, that subcontractors follow the Minimum Guidelines for Contractor Grievance Procedures, AITACHMENT V, for handling complaints from clients who complain service has been suspended, terminated or reduced. Contractor and subcontractors will also establish their own complaint procedures for clients who are dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have their complaint reviewed. It is expressly understood that a fmding that the contractor materially and substantially has not complied with any of the provisions of this section shall constitute a breach of this contract. V. Civil Rights Certification: 1. The contractor gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, awards, agreements (except agreements of insurance or guaranty), property, discounts, or other federal financial assistance and also assures compliance with all federal, state and local regulations, statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting from state, federal, or local financial assistance, whichever apply. These include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at Title 41 CFR Part 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 V.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin; (c) Title IX of the Education Amendments of 1972, as amended, 20 V.S.C. 1681-1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U .S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 V.S.C. 6101 et seq., which prolubits discrimination on the basis of age; and with any and all other applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. 2. The contractor agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For contractors employing less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire. 3. The contractor agrees to establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include providing clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. These aSSW"8Ilces are a condition of contiriued receipt of or benefit from federal fmancial 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 3 2007 GR Agenda Item No. 1603 Master Contract~gMP~~ any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the contractor understands that the agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. VI. Withholdings and Other Benefits: The contractor is responsible for its employees Social Security and Income Tax withholdings. Vll. Indemnification: If the contractor is a state or local governmental entity, pursuant to section 76828(18), F.S., the provisions of this section do not apply. 1. Contractor agrees to indemnify, defend, and hold harmless the agency and all of the agency's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the contractor, its agents, employees, or subcontractors in connection with the performance of all agreements and/or contracts incorporating this contract by reference, whether direct or indirect, and whether to any person or property to which the agency or said parties may be subject, except that the contractor will not indemnify the agency or its officers, agents or employees for that portion of any loss or damages proximately caused by the negligent or intentional act or omission of the agency or any of its officers, agents, or employees. 2. Contractor's obligation to indemnify and defend shall be triggered on the seventh (7th) day following the agency's notice of claim for indemnification to contractor. Contractor's inability to evaluate liability or its evaluation of liability shall not excuse contractor's duty to defend and indenmify the agency, within seven (7) calendar days following notice by the agency. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically fmding the contractor not liable shall excuse performance of this provision by contractor. The contractor's obligations under this paragraph are contingent upon the agency giving the contractor: (1) prompt written notice of any action or threatened action for which the agency is seeking indenmification; (2) the opportunity to take over and settle or defend any such action at the contractor's sole expense, and (3) assistance in defending the action at the contractor's sole expense. The contractor shall not be liable for any cost, expense or compromise incurred or made by the agency in any legal action without the contractor's prior written consent, which shall not be unreasonably withheld. 3. It is the intent and understanding of the parties that the contractor, or any of its subcontractors, are not employees of the agency and shall not hold themselves out as employees or agents of the agency without specific authorization from the agency. It is the further intent and understanding of the parties that the agency does not control the employment practices of the contractor and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the contractor or its subcontractors. Vill. Insurance and Bonding: 1. The contractor agrees to provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all agreements and/or contracts incorporating this contract by reference. The contractor accepts full responsibility for identifying and determining the type(s) and extent ofliability insurance necessary to provide reasonable 4 2007 GR Agenda Item No. 1603 Master Contract ~~~g~~ fInancial protections for the contractor and the clients to be served under agreements and/or contracts incorporating this contract by reference. Upon execution of each agreement and/or contract covered under this contract, the contractor shall furnish the agency written verifIcation supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self. insurance program established and operating under the laws of the State of Florida. The agency reserves the right to require additional insurance where appropriate. 2, The contractor agrees to furnish 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 detennined by the insurance company and consistent with good business practices. IX. Purchasing: The contractor agrees to develop procurement procedures which are in accord with applicable state and/or federal requirements, which encourage fair and open competition and which promote a diversity of contractors and subcontractors for all services purchased pursuant to this contract. 1. PRIDE Any service or item manufactured, processed. grown, or produced by Prison Rehabilitative Industries and Diversified Enterprises, Inc. (pRIDE) in a correctional work program may be furnished or sold to the contractor and to any subcontractor, or to any person, firm, or business entity if not prohibited by federal law. 2. Procurement of Products or Materials with Recycled Content Reusable materials and products shall be used where economically and technically feasible. 3. Equity in Contracting The agency is committed to embracing diversity in the provision of services to Florida's elders and in providing fair and equal opportunities for all qualified minority businesses in Florida. The contractor shall report information to the agency on utilization of certified minority and non-certified minority subcontractors receiving funds pursuant to all agreements and/or contracts covered by this contract. This report shall be submitted quarterly to the agency. The contractor is encouraged to identify in any geographic location(s) that has been designated as a Front Porch Community by the Governor and to direct services to that Front Porch Community as appropriate. x. Sponsorship: 1. If the contractor sponsors a program financed partially by state funds or funds obtained from a contract or agreement with the agency, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by Area Agency on Aging for Southwest Florida, Inc. and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "State of Florida, Deparbnent of Elder Affairs" shall appear in the same size letters or type as the name of the organization in accordance with section 286.25, F.S., and if the department's and/or agency's logo is incorporated, shall ensure that the current logo is used. This shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. The contractor shall not use the words "The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise fmanced unless specific authorization has been obtained by the agency prior to use. 5 2007 GR Agenda Item No. 1603 Master ContractmEit@~~ XI. Public Entity Crime: Denial or revocation of the right to transact business with public entities: In compliance with the legislature's intent to restrict the ability of persons convicted of public entity crimes to transact business with the agency, the contractor agrees that compliance with sections 287.017 and 287.133, F.S., is a condition of receipt or benefit from state or federal funds and it is binding upon the contractor, its successors and transferees during the period of this contract. The contractor fwther assures that the contractor, its officers, directors, senior management, partners, employees or agents have not been convicted of any public entity crimes within the last 36 months. If the contractor or any of its officers or directors is convicted of a public entity crime during the period of this contract, the contractor shall notify the agency immediately. Non-compliance with these statutes shall constitute a breach of this contract. Xll. Employment: The contractor is a non-governmental organization, therefore, it is expressly understood and agreed that the contractor will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to the Immigration Nationality Act (INA), Sec, 274A [8 V.S.C. s.1324a]. Violation of the employment provisions as determined pursuant to section 274A shall be grounds for unilateral cancellation of any and all agreements and/or contracts incorporating this contract by reference. .xm. Audits and Records: The Contractor agrees: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices that sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under all agreements and/or contracts covered by this contract. The contractor agrees to maintain records, including paid invoices, payroll registers, travel vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for service cost reports and for administrative expenses itemized for reimbursement. Original documentation will be made available upon request for monitoring and auditing purposes. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, or copy at the expense of the contractor by state personnel and other personnel duly authorized by the agency, as well as by state and federal personnel, if applicable. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require pursuant to this contract, and agreements or contracts incorporating this contract by reference, within the period of this contract. Such reporting requirements must be reasonable given the scope and purpose of the agreements and/or contracts incolporating this contract by reference. 4. To submit management, program, and client identifiable data, as specified by the agency pursuant to this contract, and agreements or contracts incorporating this contract by reference. To assure, through agreement provisions in subagreements and/or subcontracts with subcontractors, program specific data is recorded and submitted in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. s. To provide an independent financial and compliance audit to the agency as specified in ATTACHMENT ill and to ensure all related party transactions are disclosed to the auditor. 6 2007 GR Agenda Item No. 1603 Master Contract _e~~~~ 6. To include these aforementioned audit and record keeping requirements, including ATIACHMENT m, in all subcontracts and assignments. 7. The contractor agrees to provide client infonnation and statistical data when requested by the agency. 8. To provide to the agency all fiscal infonnation regarding services contracted to subcontractors pursuant to this contract using an application provided by the agency. XIV. Retention of Records: 1. The contractor shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each agreement and/or contract covered under this contract for a period of at least five (5) years after termination of the agreement(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained at least until resolution of the audit findings. These records may be subject to additional retention requirements set by law. 2. Persons duly authorized by the agency, department, and federal auditors, pursuant to Title 45 CPR., Part 92.42(e)(I) and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. XV. Monitoring and Incident Reporting: 1. The contractor will be subject to an annual monitoring by the agency. The contractor will provide progress reports, including data reporting requirements as specified by the agency to be used for monitoring progress or perfonnance of the contractual services as specified in the area plan and the service provider application. 2. The contractor will be responsible for implementing all corrective actions from previous and current monitoring reports in a timely manner. The contractor must assign a high priority to the resolution of monitoring findings and recommendations to ensure corrective action(s) addressing programmatic, fiscal and/or operational deficiencies are fully and timely implemented. 3. The contractor will be responsible for at least one monitoring per year of its subcontractors. The contractor will perfonn fiscal, administrative and programmatic monitoring of subcontractors to ensure contractual compliance, fiscal accountability, programmatic perfonnance, and compliance with applicable state and federal laws and regulations. A copy of the monitoring report will be submitted to the agency within 60 days of completion of the monitoring. 4. The contractor shall permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the contractor and subcontractors which are relevant to agreements and/or contracts incorporating this contract by reference and to interview any clients and employees of the con1ractor and subcontractors to be assured of satisfactory performance of the terms and conditions of these agreements and/or contracts. The con1ractor's failure to correct or justify deficiencies within a reasonable time as specified by the agency may result in the agency taking any of the actions identified in Section XXN. (Enforcement) of this contract or the agency deeming the . contractor's failure to be a breach of this contract. 5. Extraordinary Reporting: The contractor shall notify the contract manager for the agency immediately, but no later than within 24 hours, from the contractor's awareness or discovery of problems, delays or adverse conditions that may materially affect or impair the subcontractor's ability to perfonn or meet contract requirements or affect 7 2007 GR Agenda Item No. 1603 Master Contract ~e~~n~ the health, safety or well-being of clients. The notice shall include a brief summary of the problem(s), a statement of the action taken or contemplated, time frames for implementation, and any assistance needed to resolve the situation. Examples of Level One reportable conditions may include, but are not limited to: a. proposed client terminations; b. service quality or service delivery problems; c. contract non-cornpliance; and/or d. contractor or subcontractor financial concerns and/or difficulties. The contractor must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Substantiated allegations must be reported to the agency's contract manager within 48 hours. In the event that a situation results in the cessation of services by a subcontractor or vendor, the contractor retains the responsibility for performance under agreements and/or contracts covered by this contract and must follow their own procedures to ensure that clients continue receiving services without interruption, e.g. exercising their emergency procurement procedures, temporary assumption of the direct provision of services, etc. All written reports required by this section shall be sent to the agency via registered mail to the applicable contract manager unless otherwise advised. XVI. Assignments and Subcontracts and/or Subagreements: In the event the contractor utilizes subcontractors to provide services pursuant to this contract, such subcontractors shall be subject to the conditions of this contract and the agreements and/or contracts incorporating it by reference. This contract does not provide any rights to said subcontractors. For every transaction, the contractor must determine if the subcontractor is a vendor rather than a subcontractor, as defined in section 215.97, F. S., and this determination must be documented in writing. When a vendor relationship is identified, an agreement and/or contract with all of the terms and conditions set forth in this contract is not required However, a written agreement and/or contract is required that outlines the terms of the agreement and/or contract, the goods being purchased or services to be performed, and conditions for procurement, receipt and payment for goods and services. Compliance for vendors is usually limited to these tasks unless the contractor chooses to pass down program. compliance to the vendor in the written agreement. The contractor is ultimately responsible for asswing program. compliance and performance, and any applicable conditions of this contract and the agreements and/or contracts covered by it. Unless otherwise stated in the contract between the contractor and the subcontractor, payments made by the contractor to the subcontractor must be made within seven (7) working days after receipt by the contractor of full or partial payments from the l,lgency in accordance with section 287.0585, F.S. Payments to vendors contracted by the contractor/subcontractors shall be made in accordance with the terms as negotiated with the vendor(s). Failure to pay within these time frames may result in the agency taking action as set forth in Section XXN. (Enforcement) of this contract. XVII. Funding Obligations: The agency acknowledges its obligation to pay the contractor for the performance of the contractor's duties and responsibilities set forth in this contract and for the contractor's performance of other contracts and/or agreements that incorporate this contract by reference. 8 2007 GR Agenda Item No. 1603 Master Contract~e~fg~ The agency shall not be liable to the contractor for costs incurred or performance rendered unless such costs and performances are strictly in accordance with the terms of an agreement and/or contract executed between the contractor and the agency that incorporates this contract by reference, including but not limited to terms, governing the contractor's promised perfonnance and unit rates and/or reimbursement capitations specified. The agency shall not be liable to the contractor for any expenditures which are not allowable costs as defined in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in accordance with all applicable state and federal rules and laws. The agency shall not be liable to the contractor for expenditures made in violation of applicable state and federal laws, rules, or provisions of this contract. XVIll. Return ofFWIds: 1, The contractor agrees to return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of all agreements and/or contracts for which funds were disbursed to the contractor by the agency. a. The contractor shall return any overpayment to the agency within forty (40) calendar days after either discovery by the contractor, or notification by the agency, of the overpayment. b. In the event the contractor or its independent auditor discovers an overpayment has been made, the contractor shall repay said overpayment within forty (40) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency will notify the contractor by letter of such a finding. c. Overpayments to subcontractors due to unallowable or un-allocable expenses or to vendors or subcontractors due to billing discrepancies must be returned to the contractor WIder the same terms and conditions as this section. Information indicating subcontractors have been overpaid as a result of over-budgeting on the WIit cost methodology can be used by the contractor to negotiate lower rates in subsequent years. Continuous overpayment to subcontractors due to over budgeting may result in a demand for repayment to the contractor or the agency under the same tenns and conditions of this section. Repayment received by the contractor must be reported to the agency and may be either re-allocated to other contractors or returned to the agency, at the agency's discretion. d. Overpayments not returned to the agency in a timely manner will be subject to interest at the rate established in section 55.03, F.S. XIX. Data Integrity Federal Grants Management requires that a contractor receiving state and federal funds must have a financial management system, which is capable of providing accurate information for prescribed reporting requirements. For the purposes of full disclosure of financial results for federally funded or state-sponsored programs and for accountability, those reporting requirements may necessitate that the contractor make particular calculations and submit specific data. Accordingly, the contractor must, prior to execution of this contract, complete the Data Integrity Certification form, ATIACHMENT N. 9 2007 GR Agenda Item No. 1603 Master Contract ~i~f9~~~ xx. Conflict of Interest: The contractor will 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 selection, or in the award or administration of an agreement supported by State or Federal ftmds 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 ofhislher immediate family; (c) his or her partner, or, (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The contractor 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 subagreements and/or subcontracts. The contractor's board members and management must disclose to the agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position. or if the individual is serving as an incumbent, within thirty (30) 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. XXI. CONTINGENCY PLAN: In its service provider application, the contractor shall provide to the agency a contingency plan, updated annually. The contingency plan shall set forth procedures to ensure services to clients will not be interrupted or suspended in the event the contractor or its subcontractors are unable to perform its duties under this contract or any agreement and/or contract incorporating this contract. The determination as to whether the contractor is unable to perform its duties, thereby necessitating utilization of the contingency plan, shall be made at the sole discretion of the agency. XXII. Payment: Pursuant to section 215.422, F.S., the agency shall make payment within 40 days, measured from the latter of the date the Request for Payment is received or the goods or services are received, inspected and approved. Requests for Payment returned to a vendor or a contractor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. xxm. Vendor Ombudsman: Contractors who may be experiencing problems in obtaining timely payment(s) from the agency may contact the Vendor Ombudsman within the Department of Banking and Finance. Subcontractors and vendors experiencing problems obtaining timely payment(s) from contractors may contact the agency's contract manager at (239) 332-4233. XXIV. Enforcement 1. The agency may, without taking any intermediate measures available to it against the contractor, rescind the contractor's designation as a lead agency, if the agency fmds that: a. an intentional or negligent act of the contractor has materially affected the health, welfare, or safety of clients served pursuant to this contract, or substantially and negatively affected the operation of services covered under this contract; b. the contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; 10 2007 GR Agenda Item No. 16D3 Master Contract ~~iip~~~ c. the contractor has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the agency, or the contractor has committed or repeated violations of agency standards; d. the contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; and/or e. the contractor has failed to adhere to the terms of this contract or the terms of any agreements and/or contracts covered by this contract and incorporating it by reference. 2. In the alternative, the agency may, at its sole discretion, in accordance with section 430.04, F.S., take intermediate measures against the contractor, including: corrective action, ooannoooced 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 fmancial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 3. In making any determination ooder this provision the agency may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for damages for breach of this contract is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee COooty. In the event the agency initiates action to rescind a lead agency's designation, the agency shall follow the procedures set forth in 42 U.S.C. S 3025(b). xxv. Termination 1. Termination for Convenience This contract and any other agreements and/or contracts incorporating it by reference may be terminated by either party upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the contractor terminates an agreement at will, the contractor agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for clients pursuant to this contract or any subcontract will not be interrupted or suspended by the termination. In the event that a contract between the contractor and a subcontractor is terminated, the contractor shall require the subcontractor to submit to the contractor and the agency, a similar plan ensuring services to clients will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Foods In the event funds to fmance any agreements and/or contracts ooder this contract become unavailable, the agency may terminate the affected agreements and/or contracts upon no less than twenty-four (24) hours notice in writing to the contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the breach is waived by the agency in writing, or the contractor fails to cure the breach within the time specified by the agency, the agency may, by written notice to the contractor, terminate any and all of the agreements and/or contracts incorporating this contract by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in section 60A- 11 2007 GR Agenda Item No. 1603 Master Contract ~~~~n~ 1.006(3), F.A.C. Waiver of breach of any provisions of anyone agreement and/or contract covered by this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the tenns of other agreements and/or contracts covered under this contract. The provisions herein do not limit either parties' right to remedies at law or to damages of a legal or equitable nature. XXVI. Notice and Contact: 1. The name, address and telephone number of the agency for this contract is: Leigh Wade-Schield, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 2. The name, address and telephone number of the contractor for this contract is: Marcy Krumbine, Director Collier County Services for Seniors 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8154 Fax (239)774-3430 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Marcy Krumbine, Director Collier County Services for Seniors 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8154 Fax (239) 774-3430 XXVII. Renegotiation or Modification: 1. Modifications of provisions of this contract and of any and all agreements and/or contracts incorporating this contract by reference shall only be valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this contract and any affected agreements and/or contracts if revisions of any applicable laws or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreements and/or contracts incorporating this contract by reference only when these have been established through the appropriations process. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. xxvm. Special Provisions: The Contractor agrees to the following provisions: A. Property & Equipment 1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the 12 2007 GR Agenda Item No. 1603 Master Contract ~l49~r~~ capitalization level established by the organization for the financial statement purposes or (b); nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of $1000 or more per unit, and expected usefu1life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more [for state funds]. 2. Contractors and sub-contractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards in compliance with Part 215 ( fonnerly OMB Circular A-I 10) that include: (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the agency upon request. 3. The contractor's property management standards for equipment acquired with Federal funds and federally-owned equipment shall include accurately maintained equipment records with the following information.: (i) A description of the equipment. (ii) Manufacturerts serial number, model number, Federal stock number, national stock number, or other identification number. (iii) Source of the equipment, including the award nwnber. (iv) Whether title vests in the contractor or the Federal Government. (v) Acquisition date (or date received, if the equipment was furnished by the Federal Government) and cost. (vi) 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). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine cmrent fair market value where a contractor compensates the Federal awarding agency for its share. 4. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment purchased with state funds with an acquisition cost over $1,000 that is specifically identified in the service provider application approved by the agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the contractor. Equipment pmchased 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 subcontracts with subcontractors (not included in a cost methodology), is subject to the conditions of section 273, F.S. 5. Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be pmchased with state funds through agreements covered under this contract without the prior approval of the agency. Real property purchases from state funds can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of section 216.348, F.S. 6. 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. 7. Information Technology Resources The contractor must adhere to the agency's procedmes and standards when purchasing Information Technology Resources (ITR) as part of any agreements and/or subcontracts 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, 13 2007 GR Agenda Item No. 1603 Master Contract ~~~~n~ training, personnel and facilities, The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the agency upon request. The contractor has the responsibility to require any subcontractors to comply with the agency's ITR procedures. B. Copyright Clause The contractor may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under any agreement(s) incorporating this contract by reference. The agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for state and federal purposes, and to authorize others to do so. Other rights of the agency and contractor are described in section 286.021, F.s. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the contractor or any subcontractor and referred to a governmental or investigatory agency must be sent to the agency. If the contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the contractor shall notify the agency immediately and the agency will notify the Inspector General at the Department of Elder Affairs immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the contractor or subcontractor, must be sent to the agency and the department's Inspector General with a summary of the investigation and allegations. D. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the agency may exercise authority over a lead agency or subcontractor to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure lead agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its subcontractor. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the agency may exercise authority over a lead agency or subcontractor to implement emergency relief measures and/or activities. In either of these cases, only the Emergency Coordinating Officer, the Executive Director or hislher designee of the agency shall have such authority to order the implementation of such measures. All actions directed by the agency under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential or actual disaster area. E. Volunteers The contractor will promote the use of volunteers as prescribed in section 430.07, F.S. In addition, the contractor will increase the use of volunteers in each county by providing training, technical assistance and funding, where possible, to support volunteer efforts of their service subcontractors. F. Management Information Systems For all program agreements and/or contracts incorporating this contract by reference for which collection of client data in electronic format (ClRTS, for example) is required: 14 2007 GR Agenda Item No. 16D3 Master Contract ~eM9~f~~ 1. The contractor will ensure the collection and maintenance of client and service information on a monthly basis from the Client Information Registration and Tracking System (CIR TS) or any such system designated by the agency. Maintenance includes valid exports and backups of all data and systems according to agency standards. 2. The contractor will require subcontractors to enter all required data per the department's CIRTS Policy Guidelines for clients and services in the CIRTS database. The data must be entered into the CIRTS before the subcontractors submit their request for payment and expenditure reports to the contractor. The contractor shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. 3. The agency will require subcontractors to run monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the contractor with the monthly request for payment and expenditure report and must be reviewed by the agency before the contractor's request for payment and expenditure reports can be approved by the agency. 4. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Enforcement" clause of this contract (see Section XXIV), including delaying or withholding payment until the problem is corrected. 5. Computer System Backup and Recovery Each contractor and subcontractor, among other requirements, must 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. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the agency upon request. G. Consumer Outcomes 1. The contractor will develop client outcome measures consistent with those developed by the agency. 2. The agency and the contractor will be responsible for achieving targets set by the legislature for performance based program budgeting and will incoIporate said targets into sub-agreements and/or subcontracts as necessary. H. Use of Service Dollars! Wait List Management: The contractor is expected to spend all federal state and other funds provided by the agency, for the purpose specified in each contract The contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the year, for each program managed by the contractor. If the agency determines that the contractor is not spending service dollars accordingly, the agency may transfer funds to other lead agencies/contractors during the year and! or adjust subsequent funding allocations accordingly, as allowable under state and federal law. I. SutpluslDeficit Report: The contractor will submit a consolidated surplus/deficit report in a format provided by the agency to the agency's contract manager by the 18th of each month. This report is for all agreements and/or contracts between the lead agency and the agency. The report will include the following: 15 2007 GR Agenda Item No. 1603 Master Contract ~AQ~f~~ 1. a list of all subcontractors and their current status regarding surplus or deficit; 2. the contractor's detailed plan on how the surplus or deficit spending exceeding the threshold specified by the agency will be resolved; 3. recommendations to transfer funds to resolve surplus/deficit spending; 4. number of clients currently on Assessed Prioritized Consumer List (APCL) that receive a priority ranking score of 4 or 5; and 5. number of clients currently on the APCL designated as Imminent Risk. IN WITNESS THEREOF, the parties hereto have caused this 30 page contract to be executed by their undersigned officials as duly authorized. ATIEST: .' ~J. BO-4n~ "\...... ..... tf"t- DWIGHT E. BR.0CK, .(:;I~k .... ~ , :.' f'"'\ ; .t-' ..; ~- .""\ '", ~ : 9 ~/ ,....,'.::.~ ~ ~. ~ :::: ;.. .~"';'."...,y;~. ~ .. //~V~. ~;. By:. f' '..1, . Deputy Cl.. . . .~~~ p,".'Ch~ 1 rlllWl i , .tgAa. ...~e'.on I ~ Approved as to form and le~~~~ Robert N. Zach ' Assistant County Attorney COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS ::LUFA~~ JAME L mnan Date: December 31. 2006 AREA AGENCY ON AGING FOR SOUTHWEST FLO~~1 INC. WITNESS: [Print Name] Date: December 31. 2006 [Print Name] FEDERAL In NUMBER: 59-6000558 (Revised October 2006) 16 2007 GR Agenda Item No. 1603 Master Contract ~~~~~ ATTACHMENT I CERTUnCATION REGARDmG LOBBflNG CERTUnCATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) 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 any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, tI in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Tit e 31, U.S Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Ie $10 0 t e than $100,000 for each such failure. Signature James Coletta. Chairman Name of Authorized Individual 203.MI07 Application or Agreement Number Collier County Housing and Human Services Name and Address of Organization Approved as to form and le~~~ ~ N c I Assistant County Attorney DOEAFonn 103 (Revised Nov 2002) 17 2007 GR Agenda Item No. 1603 Master Contract ~e~~~ ATTACHMENT II INSTRUCTIONS CERTmCATlON REGARDING DEBARMENT, SUSPENSION, INELIGffiILITY AND VOLUNTARY EXCLUSION AGREEMENTS/SUBAGREEMENTS 1. Each contractor of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to agreement execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Area Agency on Aging for Southwest Florida, Inc. nor its agreement contractors can contract with subcontractors if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract is entered into. If it is later detennined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The contractor shall provide immediate written notice to the grant manager at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Defmitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the grant manager for assistance in obtaining a copy of those regulations. 5. The contractor further agrees by submitting this certification that, it shall not knowingly enter into any subagreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The contractor further agrees by submitting this certification that it will require each subcontractor of agreements and/or contracts referencing this contract whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each subagreement. 7. The Area Agency on Aging for Southwest Florida, Inc. may rely upon a certification by a contractor/subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the department knows that the certification is erroneous. 8. The contractor may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the contractor knows that the cer tification is erroneous. 9. The signed certifications of all subcontractors shall be kept on file with contractor. DOEA FORM 112A (Revised February 2004) 18 2007 GR Agenda Item No. 1603 Master Contract ml~rl~ CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INEUGIBllJTY AND VOLUNTARY EXCLUSION AGREEMENTS/SUBAGREEMENTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective contractor certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or vohmtarily excluded from participation in contracting with the Area Agency on Aging for Southwest Florida, Inc. by any federal department or agency. (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this certification. Signature Date Name and Title of Authorized Individual (Print or type) Name of Organization DOEA FORM 112B (Revised April 2001) 19 2007 GR Agenda Item No. 1603 Master Contract _e~~g~ ATTACHMENTID Audit Attachment The administration of funds awarded by the agency to the contractor, and the sub-contractor through contracts with the contractor, may be subject to audits and/or monitoring by the agency and other authorized state personnel or federal personnel as described in this section. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A-133 and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this contract, the contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the agency. In the event the agency determines that a limited scope audit of the contractor is appropriate, the contractor agrees to comply with any additional instructions provided by the agency to the contractor regarding such audit. The contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer, Department of Financial Services, Auditor General or federal personnel. OTHER REQUIREMENTS If the contractor is a non-profit organization, the Oath of Not for Profit Status form (EXHIBIT 2 of this attachment) must be completed and returned to the agency with the signed contract. Audits PART I: FEDERALLY FUNDED This part is applicable if the contractor or subcontractor is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, 1. In the event that the contractor or subcontractor expends $500,000 or more in Federal awards in its fiscal year, the contractor or subcontractor must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. Federal funds awarded through the agency by this contract, if any, are indicated in section II. A. of the agreement(s) and/or contract(s) covered by this contract. In determining the Federal awards expended in its fiscal year, the contractor or subcontractor shall consider all sources of Federal awards, including Federal funds received from or passed through the agency. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the contractor or subcontractor conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1., the contractor or subcontractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-I33, as revised. 20 2007 GR Agenda Item No. 1603 Master contra~~~~ 3. If the contractor or subcontractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from contractor resources obtained from other than Federal entities). 4. Information regarding audit requirements contained in OMB Circular A-133 and section 215.97, F.S" can be obtained from the following web-sites: htq:>://www.whitehouse.g:ov/omb/circularsl and: http://www.le~.state.fl.us! PART ll: STATE FUNDED This part is applicable if the contractor is a non-state entity as defined by section 215.97, F.S.. 1. In the event that the contractor expends a total amount of State awards (i.e., State financial assistance provided to the contractor to carry out a State project) equal to or in excess of $500,000 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 Executive Office of the Governor and the Chief Financial Officer, Department of Financial Services, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the agency by this contract are indicated in section II. A. of the agreement(s) and/or contracts of which this contract is an attachment. In determining the State awards expended in its fiscal year, the contractor shall consider all sources of State awards, including State funds received from the agency, other state agencies, and other nonstate entities except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration, 2. In connection with the audit requirements addressed in Part II, paragraph 2, the contractor shall ensure that the audit complies with the requirements of section 215.97, F.S.. This includes submission of a reporting package as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations) Rules of the Auditor General, to include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. 3. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: activities allowed or unallowed; allowable costs/cost principles; matching (if applicable), and; reporting. 4. If the contractor expends less than $500,000 in State awards 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 $500,000 in State awards 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 non-State funds (i.e., the cost of such an audit must be paid from the contractor's resources obtained from other than State entities). PART m: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted., when required by section .320 (d), OMB Circular 21 2007 GR Agenda Item No. 16D3 Master contra4~~~ A-133, as revised, by or on behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end: A. The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by sections .320 (d)(l) and (2), OMB Circular A-l33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with sections .320 (e) and (f), OMB Circular A-133, as revised. 2. The contractor shall submit a copy of the reporting package described in section .320 (c), OMB Circular A- 133, as revised, and any management letters issued by the auditor, to the agency at the following address within 45 days of receipt of the report but no later nine (9) months of contractor's fiscal year end: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 3. Copies of audits and reporting packages required by PART II of this attachment shall be submitted by or on behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end: A. The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 22 2007 GR Agenda Item No. 1603 MamerContra~~~1 4. Any reports, management letters, or other information required to be submitted to the agency pursuant to this attachment shall be submitted timely in accordance with OMB Circular A-133, section 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable and should indicate the date that the reporting package was delivered to the contractor in correspondence accompanying the package. 5. Contractors, when submitting the ftnancial reporting packages to the agency, should indicate the date that the audit report was delivered to the contractor in correspondence accompanying the audit report. PART IV: RECORD RETENTION The contractor shall retain sufficient records demonstrating its compliance with the terms of this attachment for a minimum period of five (5) years from the date the audit report is issued or longer if requested by the agency in writing, and shall allow the agency or its authorized designee, and the Chief Financial Offtcer, Department of Financial Services or Auditor General access to such records upon request. The contractor shall ensure that audit working papers are made available to the agency or its designee, and the Chief Financial Officer, Department of Financial Services or Auditor General upon request, for a minimum period of five (5) years from the date the audit report is issued, or may need to be longer if requested in writing by the agency. PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMlNISTERED PROGRAMS 1. The agency requires a supplemental schedule of functional expenses be prepared in a format provided by the agency, which presents costs by service (as defined by the agency), including units of service delivered, for contractors or subcontractors expending state or federal awards for services performed by their employees, contractors, and other payees who receive payment from agency-administered funds for units of service recorded in the department's Client Registration and Tracking System (CIRTS). This supplemental schedule shall be prepared using the same methodology as used in determining the contractual rates. Government entities are excluded from this requirement. 2. If an audit is not required or performed, the head of the contractor entity or organization must provide a written attestation, under penalty of perjury, that the contractor has complied with the allowable cost provisions (congruent with the Reference Guide for State Expenditures and Cost Principles 225 (A-87) and 230 (A-122, and Federal Acquisition Regulation 31.2, whichever is applicable). EXHIBIT 1 to this attachment provides an example attestation document that should be used by the agency head or authorized signatory for contracts to attest to compliance with these provisions. 3. Interest earned on federal funds or general revenue funds must be returned to the agency. A chart is included in all contracts identifying the ftmding source(s), program titles, applicable CFDA or CSFA numbers and the amount of fimds granted. 4. Specific requirements for match, co-payments, and program income applicable to programs administered by the agency are outlined in the following applicability chart. Brief definitions of terms used in the chart are included. (Revised Febl1JllI)' 2004) 23 ,.... o o ~ ('f) o N t) e ..... c: o U .... (J) ..... (/) CO ~ 0:: C) ,.... o o N sa Q ~i UQ ~ e -~ ::3 ~ U t-l ~ ~ ~ .S 5 >< v rJi ~ -g ;::: 8 'E ~..9 .E ~ ~.S ~ C'CI .... V V I-t ;::: tIJ .... tIJ C'CI V C'CI = C'CIvo.V v ~ """ tIJ 5 a .s t= '"d .S ~ osa.s c. ....v'"dlil ~ '"d~~~ U VOll~"'"' ~C'CIi:...... ~ ~ 13 .8~-g~ tl tIJ'J:: v ='v~.... s..so~ . t:lI);:::........ ~._ 0 :< . rI) ~ o'"dQ CJ ~ ~.~ ~.s tIJ tf.l ~ ~ ~ ~ .S t= C'CI I-t t= .- ~ C'CI ~ Q t) ~ 0. C'CI = ~ tIJ S .- .... '"d . 0 = Q '"d';sC'Cl Bvo'"d.... '1iJ tIJ 0 t;J C'CI 0='5b~0 o.'"d C'CI "'"' oS:: ..... "oCdo~C'CI ..... S g ]9C'C1-g~ >> 0 tIJ'J:: ~ $ICJo~"" i::~..so~ . -= ~ .... . ~ 5..9 g .... g,~ ~ ~ ....u ~.o o ._ :: 3 ~ ~ .B 0 5:: ti ca fIi =' .... ~ s ~ .~o tIJ .... .... rI) o 0 tIJ t)CJ>> ~0""C Q';:;O o~;:g uo..a "C ~ ~ .n] l:j~ U I ~ .S ~~ o c.. """..0 .o~ [l .... .;:; 0 'Q3 Q) vB .0 .- '"d ::--5 5 ~ ~ ".Q . S! ,B..... s! . .00 .... .s [3 I-< S -E~...oC'Cl ~Eo~5b ~0~;:g8 . o .... '"d ~ rg ~ .021 """~ 5 S G) ~ .= .S 50 '$ ~ ~-.g 8 s ~] Q:: ..= 0 ~ 6 . ...0"0 ~ .8 goG) s.~ G) 5 .0 S tl ~ S ~ '"d G) .g-5 5'0 ~'"d ~ 5 tIJ G) '"d-5 ~tU 1:1:1"0 ul! u :ai~ . ...."0 ~ a G)"O ~lil~ C'CI ~ 0 o ~ ..::- S '"d C'CI C'CI ~ CJ tIJ 'J:: tIJ ~~ .B02 I-< ,S ;::: 0 tIJ .- .... ....'i:i:< ;::: ~ ~ ~~~ ~-5 .8 ~.s ~~e i::~5r . ~ "0 o ~ ~21 .0 ~ .... 0 o Q ~ .g o~ ~ .~ ~j H ~ .... o~ O...c:: J;X.:l,B e e . .s 5 ~ o . ~ -g ;::: ~ 'E 5.s'~ ~ ~.s tIJ C'CI .... G) o lil E ~ ~~Q.~ ~ """ (I) IS ;::: t= '"d .s .- ~ a 0 .s 8 .... ~ '"d la -g5b~~ tlJC'CIJ:._ ='0..913 ]~"g~ tl ctl'J:: ~ =' ~ ~ .... s.sCJ~ . t:lI)Q........ ~._ 0 :< . tIJ ~ o'"dQ o 0 ~ .~ ~.s (I) tIJ Q) t"'! ~ III {/) .:::1 .,StbC'3..... .S ~ lil 5 c .... III 0. CdU"""tIJ .S .S .s t= ] "C'"dsC'Cl BG)~'"d... '1iJ rI.l Q) &:I C'CI 0='5b~Q) o.'"d C'CI J:. """ .gaQ)~"; .... 8 0 .Bf3C'C1-g~ "'"' 0 tIJ 'J:: G) $I 0 ~ ~ .... l::~.sCJ~ . = 'la ".Q tIJ .... tIJ o CJ .... ..9 "0 o tIJ ;::l o .0 ... o = ; o . ...."0 5 a 5"0 ~lil.... C'CI ~ C'CI o ~ ~t.:;. S'"dtU cd cu 0 iJ.j 'J:: (I) ~t;:: ~CJ3 ;::: l5 tIJ .- .... .... "0 :< 500 c..~~ lJ)~_ .8 ~.s """lilt= $I Q) cu l:: """ tIJ . Agenda Item No. 1603 June 23, 2009 Page 28 of 34 .... ~ <~ tlJM Q Q tIJ Cd 0 ;::: .0'<=1 .g C CJ =' ~o.o -< ":'5 [l g 6 '"d~0 5~5 o ._ :=21u ~ 5 .s lJ)8'"d .~.;:) a ..... = t:lI) S'~~ 8 ~.s . '"d .";:: 'i:i S .g".Q!ij0 Q . S! c.. <t:l g,,,.Q :< ! :< ~ ~ 0=0 .- .... o "0 '"d 0 .000.... 'C tIJ 0. .... 0 =' 0 '" c.. 0 ".Q =' .0..... St=....s"l:i o tIJ' Q) sES~~ 8 5b'"d tIJ 5 .S C'CI ; 5 t:lI) Q) tIJ ~..s] o~:; a t:lI) ~ >,.::: 5b '2 a 8 0 o ;:; 0 Q,;E S."O.~.5 ~ '"d o tIJ =' o .I::l g a O...c:: '" 0 stU '<=1 S ;::l .... .I::l 0 'fj s .~ 0,.::: ~tIJ ,Stl 9 8 ..... .... ~..9 "Of' N . . l5 <;::< ...c:: .B S "0 o ~'"d .i] U I ,S ";:: ~ ~ ~ o 0. 0 """~ 'S .0.= 8' ~ ~ ~ -5 0 .B ': ~~ ! .0;::: .... OJ .8 """ 5 0 s ~ .s Q) S ~~ ~ .....0 .I::l e 8. a ~ o ..... .~ .... ~ '"d o '" =' .8 ~ i~ o 0. ..... (I) C'CI '"d ~ ~"g t.:;. ~~ o 0 . . . .... cE ~.Q _u.g ~o~ u~Q) 2007 GR Agenda Item No. 1603 Master Contra~~~ APPUCABll..ITY CHART DEFINITIONS AAA. Area Agency on Aging Program Income. Program income means gross income earned by a contractor from activities which are supported by a grant; i.e., when at least some of the cost of the activity is a direct cost of the grant or indirect cost which helps match requirements of the grant. Program income includes contributions for meals or other supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the usage or rental of such property, and patent or copyright royalties for materials developed through the program. Revenue generated from a particular activity of the contractorlsub-contractor for which Agency funds were used to cover at least half the cost is considered program income. Note: Money donated (cash donation) without earmark to the project by the donor should not be declared in an audit to be "program income" Cash Donations. Cash donations are money donated without earmark to the project by the donor. These donations, when used as match, cannot be earmarked for any specific expenditure but are to be budgeted nonnally. Cash donations are not program income. Match. When general revenue funded agreements require match, it may be either by cash, certified public expenditure, or third-party in-kind. The non-federal share used to match OAA funds may be cash, certified public expenditure, or third-party in-kind. Co-payments. Fees assessed and collected according to a sliding scale based on the client's income for CCE and ADI services. In-kind Resources. In-kind resources must be identified in project records, necessary to project's achievement, reasonable and in proportion to time used for project, claimed after use in the project and, not included as contributions for other programs unless specifically allowed. In-kind contributions represent a value placed on noncash contributions provided to the contractor of an agreement. In-kind contributions may consist of actual charges for real property and equipment, and the value of goods and services that directly benefit and are identified with project activities. This may include staff time contributed by state and local agencies not otherwise matched or supported by federal funds. 2S 2007 GR Agenda Item No. 1603 Master Contra~~~~ ATTACHMENT m EXHIBIT - 1 MANAGEMENT ATI'ESTATION LE'ITER (To be completed at the end of contractor or sub-contractor's fiscal year) Contract or Agreement Number: I, . hereby attest under penalty of perjury (contractor's authorized representative) that . based on the criteria (contractor agency name) set forth in the department's Audit Attachment, PARTS I and II, that: A. The above named contractor agency is not required to provide an audit report or reporting package because [check applicable statement(s)]: D D the above-named entity has not expended $500,000 or more in total federal awards in its fiscal year and therefore is not required to have a single or program-specific audit performed in accordance in OMB Circular A-133, as revised, and/or; the above-named entity has not expended a total amount equal to or in excess of $500,000 in state awards in its fiscal year and therefore is not required to have a State single or program-specific audit in accordance with section 215.97, Florida Statutes. B. The contractor has complied with the allowable cost provisions [congruent with State and Federal law, generally accepted accounting principles, the Department of Financial Services' Reference Guide for State Expenditures, and Office of Management and Budget (OMB) Cost Principles 225 (A-87) and 230 (A-122), Federal Acquisition Regulation 31.2 and Part 215 (formerly OMB Circular A-110), whichever is applicable]. By making this statement the contractor has considered not only funding or awards from the department, but all sources of Federal and State funding or awards. Fiscal year ended (Month, day, year) (Signature) (Tit/e) (Date) 26 2007 GR Agenda Item No. 1603 Master Contra~~~l ATTACBMENTID Exhibit - 2 Oath of Not for Profit Status Contract or Agreement Number: As an authorized representative for the Contractor identified herein, and in the above referenced document(s), I do hereby swear under oath that this entity is currently a "not for profit" (non-profit) organization as defined in section 501 (cX3) of the Internal Revenue Code. If this non-profit status changes for any reason during the life of the above referenced contract or agreement, the Area Agency on Aging for Southwest Florida, Inc. will be notified in writing immediately. Name of Contractor entity Signature of Authorized Representative Printed name and Tide of Authorized Representative Date of Oath (Revised February 2004) 27 2007 GR Agenda Item No. 16D3 Master Contra~~~Wg~ ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The contractor and any sub-contractors of services l.U1der this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the fmancial 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, sub-contractor(s), or any outside entity on which the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, contractor(s) 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. 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. (4) The contractor and any sub-contractor(s) of services under this contract warrant 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. The contractor shall require that the language of this certification be included in all subagreements, sub grants, and other agreements and that all sub-contractors shall certify compliance accordingly. 'Ibis certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or enterin into this transaction imposed by OMB Circular A -102 and CFR Part 215 and Part 215 (formerly 0 ircular -11 Collier County Services for Seniors 3301 Tamiami Trail E H/211 Naples, FL 34112 28 ....il.,........ 2007 GR Agenda Item No. 1603 June Z3. 2Q.oa Master ContraCJt~3l..NWtU ATTACHMENT V MINIMUM GUIDELINES FOR CONTRACTOR GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE FOR MEDICAID WAIVER CLmNTS Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families (DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE MEDICAID WANER CLIENfS OF TIm ADVERSE ACTION TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION . The Medicaid Waiver client must be informed by the decision maker of the action, in writing, no less than 10 calendar. days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) . Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. . The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar. days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue \D1til a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend, or other qualified representative in the requested review proceedings. . All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WR.ITTEN REQUEST FOR REVIEW . Within 7 calendar. days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's own case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable time before or during the review; a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. . All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination ofthe action in question. 29 2007 GR Agenda Item No. 1603 June 23, 2009 Master Contra&a2a3:MOO1 . The reviewer(s) must provide written notification to the requester, within 7 calendar. days after the grievance review, stating: the decision, the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7 calendar. days, except in decisions involving the professional judgement of a legal assistance provider; the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himself7herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGlNG . Within 7 calendar. days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argwnent, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all appeals are exhausted. . All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial detennination of the action in question. . The designated AAA official(s) must provide written notification to the requester within 7 calendar. days after considering the grievance review appeal, stating: the decision, and the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. . Except for Medicaid Waiver actions, the decision of the AAA shall be the fmal decision; and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. . All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the client's file. . In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Stmday, or legal holiday, in which event tbe period shall run until the end of the next day which is neither a Saturday, Sunday, or legal boliday. 30