Okaloosa County BOCC — October 7, 2014 — AH105 OKALOOSA BCC amendment #7 renewal Fully Executed — reading text

the Pro-Children Act of 1994 (20 USC 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation Or the imposition of an administrative compliance order on the responsible entity, or both. 7) Provider shall comply with Executive Order 12549, Debarment and Suspension. Service Provider must complete the Affidavit Regarding Debarment and Suspension form, which is Attachment IV to this Subcontract. 8) Whistleblower's Act Requirements: In accordance with subsection 112.3187(2), E.S., the Provider and its subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The Provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General, Florida Commission on Human Relations, or the Whistleblower's Hotline number at 1-800-543-5353. 6. Support to the Deaf or Hard-of-Hearing The Provider and its subcontractors, where direct services are provided, shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28° CER Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Instruction (CFOP) 60-10, Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard-of-Hearing." a. 8/25/14 If the Provider or any of its subcontractors employs fifteen(15) or more employees, the Provider shall designate a Single-Point-of-Contact (one (1) per firm) to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504, the ADA, and CFOP 60-10, Chapter 4. The name and contact information for the Provider's Single-Point-of-Contact shall be furnished to BBCBC/PSYCHCARE within fourteen (14) calendar days of the signing this contract. The Provider shall, within thirty (30) days of the effective date of this requirement, contractually require that its subcontractors comply with Section 504, the ADA, and CFOP 60-10, Chapter 4. A Single-Point-of-Contact shall be required for each subcontractor that employs fifteen (15) or more employees. This Single-Point-of-Contact will ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504, the ADA, and coordinate activities and reports with the Provider's Single-Point- of-Contact. Contract #AH105 Standard A c. The Single-Point-of-Contact shall ensure that employees are aware of the requirements, roles and responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of Providers and its subcontractors with fifteen (15) or more employees shall attest in writing that they are familiar with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file. d. The Provider's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by Providers and subcontractors. The approved Notice can be downloaded through the Internet at: http://www.def.state.fl.usiadmin/iglcivilrights.shtm] e. The Provider and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The Provider shall submit compliance reports through the DCF website https://fs16.formsite.com/dcfuser/form3/secure_index.html , along with confirmation and a copy of the report submitted by the 3rd business day following the reporting month, to BBCBC/PSYCHCARE. The Provider shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. f. If customers or companions are referred to other agencies, the Provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs. g. BBCBC requires the Provider’s direct service employees to complete Effective Communication On-line and sign the Attestation of Understanding. Direct service employees will also print their certificate of completion, attach it to their Attestation of Understanding, and maintain them in their personnel file. 7. Relationship of the Parties. The parties to this Subcontract agree that the relationship created by this Subcontract is that of independent contractor. Neither the Provider nor any employee, agent or assignee thereof, shall be an employee of BBCBC/PSYCHCARE or the Department. Neither the Provider nor any employee, agent, or assignee thereof, shall represent to others that it has authority to bind BBCBC/PSYCHCARE or the Department unless specifically authorized in writing to do so. Neither the Provider nor any employee, agent or assignee thereof, shall be entitled to any benefits provided by BBCBC/PSYCHCARE or the Department. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for Provider, and its officers, employees, agents or assignees shall be the sole responsibility of Provider. 8. Audits, Inspections, Investigations, Records and Retention a. The Provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the department under this subcontract. 5 8/25/14 Contract #AH105 8/25/14 Standard A Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this subcontract shall be maintained by the Provider for a period of seven (7) years after completion of the subcontract or longer when required by law. In the event an audit is required by this subcontract, records shall be retained for a minimum period of seven (7) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this subcontract, at no additional cost to BBCBC or the Department. Upon demand: at no additional cost to BBCBC, the Provider will facilitate the duplication and transfer of any records or documents during the required retention period stated in this Section. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by BBCBC or the Department. At all reasonable times for as long as records are maintained, persons duly authorized by BBCBC, the department and Federal auditors, pursuant to 45 CFR, section 92.36(i)(10), shall be allowed full access to and the right to examine any of the Provider's contracts and related records and documents, regardless of the form in which kept. Provider may be required to have a Federal and/or State Single Audit(s) performed annually by a qualified CPA firm. If the Provider expends the dollar threshold of $500,000 or more in Federal awards in a fiscal year it shall be required to have a Federal Single Audit conducted in accordance with the federal guidelines of the Office of Management _& Budget (OMB) Circular A-133. If a Federal Single Audit is required in accordance with this regulation, the Provider is required to submit an electronic copy of the Federal Single Audit completed to BBCBC, within one hundred and eighty (180) days of its fiscal year end or within thirty (30) days of receipt, whichever is earlier. The Provider must also submit to BBCBC certification (electronically) that the Federal Single Audit was sent to the Federal Audit Clearinghouse. If the Provider expends the dollar threshold of $500,000 or more in State awards in a fiscal year it shall be required to have a State Single Audit conducted in accordance with the Florida Single Audit Act 215.97 F.S. and the State of Florida Rules of The Auditor General Chapter 10.650. If a State Single Audit is required in accordance with this regulation, the Provider is required to submit an electronic copy of the State Single Audit completed to BBCBC, within one hundred and eighty (180) days of their fiscal year end or within thirty (30) days of receipt, whichever is earlier. The provider shall ensure that its audit report will include four (4) additional special audit schedules as specified in Rule 6S5E-14.003(2)(a). The Provider must also submit to BBCBC certification (electronically) that the State Single Audit was sent to the Auditor General. In the event the Service Provider expends less than $500,000 in Federal or State awards during its fiscal year, the recipient agrees to provide certification electronically to BBCBC that a single audit was not required by either the Federal of State governments. Electronic submissions must be e-mailed to BBCBC. Attachment II is provided for additional information regarding audits. The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.). Contract #AH105 Standard A 9. Indemnification a. The Provider shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless BBCBC/PSYCHCARE and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to any alleged act or omission by the Provider, its agents, employees, partners, or subcontractors, provided, however, that the Provider shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of BBCBC/PSYCHCARE. b. Further, the Provider shall, without exception, indemnify and save harmless BBCBC/PSYCHCARE and its employees from any liability of any nature or kind whatsoever, including attorney’s fees, costs and expenses, arising out of, relating to or involving any claim associated with any trademark, copyrighted, patented, or unpatented invention, process, trade secret or intellectual property right, information technology used or accessed by the Provider, or article manufactured or used by the Provider, its officers, agents or subcontractors in the performance of this subcontract or delivered to BBCBC/PSYCHCARE for the use of BBCBC/PSYCHCARE, its employees, agents or contractors. The Provider may, at its option and expense, procure for BBCBC/PSYCHCARE, its employees, agents or contractors, the right to continue use of, replace, or modify the product or article to render it non-infringing. If the Provider is not reasonably able to modify or otherwise secure BBCBC/PSYCHCARE the right to continue using the product or article, the Provider shall remove the product and refund BBCBC the amounts paid in excess of a reasonable rental for past use. However, BBCBC shall not be