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Resolution 253-1987 '''' ..- .. , . Louis LaTorre, Director Social Services Department RESOLUTION NO. 253 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT #88-55-878 BY AND BETWEEN THE UNITED WAY OF DADE COUNTY, INC./AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY CONCERNING MONROE COUNTY IN-HOME SERVICES. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves and authoriz~ the Mayor to execute Contract #88-55-878 by and between the United Way of Dade County, Inc./Area Agency on Aging for Dade and Monroe Counties and the Board of County Connnissioners of Monroe County, a copy of same being attached hereto, concerning Monroe County In-Home Services. PASSED AND ADOPTED by the Board of County Connnissioners of Monroe County, Florida, at a special meeting of said Board held on the 22ndday of June., A. D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST:DANNX 14 KOLHAGE, Clerk J~ AIRMAN .... -'..' ..... ~.' '.:'; ~~f)-C ERK ' "':"~"",',','" ,\,~' n, ,1'" -, 0, rnlJi,i~;'i,."" ~ '; ".- " ~...'"'" ,,-.,,;;0 ,'l' "" '..-n ; ;' ).' ..3>','. .,>,'errjCi'c?c, :.'. / / 1 _.~:,~-~I . ( TITLE CONTRACT # 88-55-878 GENERA L REVENUE CONTRACT BETWEEN UNITED WAY OF DADE COUNTY, INC. AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES THIS CONTRACT is entered into between the UNITED WAY OF DADE COUNTY/AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES/. here- inafter referred to as the "Area Agency," and MONROE COUNTY BOARD OF COu~TY COMMTSSTONERSI.MONROE IN-HOME SERVICES , hereinafter referred to as the "Lead Agency." The Parties agree: I. The Lead Agency agrees: A. To provide services according to the conditions specified in Attachment I. B. Federal and State Laws and Regulations 1. If this contract contains Federal funds, the Lead Agency shall comply with the provisions of 45 CFR, Part 74, and other applicable regulations as specified in Attachment I. 2. If this contract contains Federal funds and is over $100,000, the Lead Agency shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 USC 1857 et seq.) and the Water Pollution Control Act as amended (33 USC 1368 et seq. >. 3. The Lead Agency agrees to complete the Civil Rights Compliance Questionnaire, HRS Forms 946 A, and B if so requested by the department. C. Audits and Records 1. To maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the Area Agency under this contract. 2. To assure that these records shall be subject at all times to inspection, review, or audit by Area Agency and Department of Health and Rehabilitative Services, State of Florida, personnel and other personnel duly authorized by the Department, as well as by Federal personnel. 3. To ~aintain and file with the Area Agency such progress, fiscal, inventory and other reports as the Area Agency many require within the period of this contract. 4. To include these aforementioned audit and record- keeping requirements in all approved subcontracts and assiglUl1ents. 5. To allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S., and made or received by the Lead Agency in conjunction with this contract. It is expressly understood that substantial evidence of the Lead Agency's refusal to comply with this provision shall constitute a breach of contract. D. Retention of Records 1. To retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five (5) years after termination of this contract, 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 until resolution of the audit findings. 2. Persons duly authorized by the Area Agency, and Federal Auditors, pursuant to 45 CFR, Part 74.24 (a.>, (b), and (d) shall have full access to, and the right to examine any of said records and documents during said retention period. - 2 - E. Monitoring 1. To provide progress reports, including data reporting requirements as specified in Attachment I. These reports will be used for monitoring progress or performance of the contractual services as specified in Attachment I. 2. To provide access to, or to furnish whatever information is necessary to effect this ~onitoring. 3. To permit the Area Agency to monitor the aforementioned service program operated by the Lead Agency or subcontractor or assignee according to applicable regulations of the State and Federal goverlUl1ents. Said monitoring will include access to all client records. F. Indemnification The Lead Agency shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold the Area Agency harmless from all claims, suits, judgements or damages, including court costs and attorney fees, arising out of negligence or omissions by the Lead Agency in the course of the operation of this contract. G. Insurance The responsibility for providing adequate liability insurance coverge on a comprehensive basis shall be that of the Lead Agency and shall be provided at all times during the existence of this contract. Upon the execution of this contract, the Lead Agency shall furnish the Area Agency with written verification of the existence, of such insurance coverage. H. Safeguarding Information The Lead Agency shall not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with the State Regulations and Federal Regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Client Information The Lead Agency shall submit to the Depart~ent manage- ment and program data, including client identifiable data, as specified by the Area Agency in Attachment I for inclusion in the HRS Client Information System. J. AssiglUl1ents and Subcontracts The Lead Agency shall neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the Area Agency. No such approval by the Area Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for incurrence of any obligation of the Area Agency in addition to the total dollar a~ount agreed upon in this contract. All such assignments or subcontracts shall be subject to the conditions of this contract (except Section 1, paragraph 0) and to any conditions of approval that the Area Agency shall deem necessary. The Lead Agency will be responsible for the performance of any subcontractor. The Lead Agency shall provide and subcontract for services in accordance with the CCE Plan of Action. K. Financial Reports To provide financial reports to the Area Agency as specified in Attachment I. A final expenditure report will be made to the Area Agency within forty (40) days after the termination of this contract. - 3 - L. Return of Funds The Lead Agency agrees to return to the Area Agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the Lead Agency by the Area Agency. Such funds shall be considered Area Agency funds and shall be refunded to the Area Agency. The refund shall be due within forty (40) days from the time the overpayment is discovered unless otherwise authorized by the AREA AGENCY in writing and attached to this contract. M. Unusual Incident Reporting If services to clients will be provided under this contract the Lead Agency and any subcontractors shall report to the Area Agency unusual incidents in a manner prescribed in HRSR 0-10-1. N. Transportation Disadvantaged If clients will be transported under this contract, the Lead Agency will subcontract with the designated co~unity Coordinated Transportation Provider, or other- wise comply with the provisions of Chapter 427, Florida Statutes. The Lead Agency shall submit to the Area Agency the reports required pursuant to Volume 10, HRS Accounting Procedures Manual. O. Purchasing It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, F.S., in the same Nanner and under the procedures set forth in Section 946.15 (2), (4), F.S.; and for purposes of this contract the person, firN, or other business entity carrying out the provisions of this contract shall be deemed to be substituted ~or this agency insofar as dealings with PRIDE. This clause is not applicable to any subcontractors, unless otherwise required by law. P. Civil Rights Certification The Lead Agency gives this assurance in consideration of and for the purpose of obtaining Federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other Federal financial assistance to programs or activities receiving or benefiting ~rom Federal financial assistance. The Lead Agency assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et. seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from Federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as aNended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. 3. Title IX of the Education Amendroents of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discriNination on the basis of sex in education programs and activities receiving or benefiting froN Federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.c. 6101 et seq., which prohibits discrimination on the basis o~ age in programs or activities receiving or benefiting froN Federal financial assistance. 5. The ONnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from Federal financial assistance. 6. All regulations, gUidelines, and standards lawfully ado~ted under the above statutes. I I . The A. III. The A. B. 4 - The Lead Agency agrees that compliance with this assurance constitutes a condition of continued receipt of or bene~it from Federal financial assistance, and that it is binding upon the Lead Agency, its successors, transferees, and assignees for the period during which such assistance is provided. The Lead Agency further assures that all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Lead Agency understands that the Grantee ~ay, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being ter~inated and further assistance being denied. Area Agency Agrees: Contract AJw10unt To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $399.679 subject to the availability of funds. The Area Agency performance and obligation to pay under this contract is contingent upon the annual appropriation by the Legislature. Lead Agency and Area Agency Mutually Agree: Effective Date 1. This contract shall begin on July 1. 1987 or the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30. 1988. Termination 1. Termination at Will This contract may be ter~inated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by Certified Mail, return receipt requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the Area Agency may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Lead Agency. Said notice shall be delivered by Certified Mail, return receipt requested, or in person with proof of delivery. The Area Agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the Lead Agency breach is waived by the Area Agency in writing, the Area Agency may, by written notice to the Lead Agency, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be ~elivered by Certified Mail, return receipt requested, or in person with proof of delivery. If applicable, the Area Agency may e~ploy the de~ault provisions in Chapter 13A-1, Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be contrued to be a modification of the terms of this contract. The provisions herein do not limit the Area Agency's right to re~edies at law or to damages. - 5 - C. Notice and Contact The Contract Manager for the Area Agency for this contract is Paul C. Hunt. The re~resentative of the Lead Agency responsible for the administration of the program under this contract is Louis LaTorre In the event that different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to the originals of this contract. D. Renegotiation or Modification 1. Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if Federal and/or State revision of any applicable laws, or regulations ~ake changes in this contract necessary. 2. If this contract contains a fixed-price ~ethod of payment section, and the rate of payment is determined through the appropriations process, then this contract may be amended to reflect the new rate established through the appropriations process retroactive to the e~fective date of this contract. 3. If the contract contains either a cost-reimbursement or a fixed-price method of payment, the rate of payment and the total dollar amount ~ay be adjusted prospectively to reflect price-level increases determined through the appropriations process and subsequently identified in the Area Agency's operating budget. E. Name and Address of Payee The name and addres of the official payee to whom the payment shall be made: Louis LaTorre, Executive Director Monroe County Board of In-Home Services Public Service Building. Wing III Stock Island Key West. Florida 33040 F. All Ter~s and Conditions Included This contract and its attachments as referenced, (ATTACHMENTS I, II, III, IV and V) contain all the terms and conditions agreed upon by the parties. Attachment I: Conditions Attachment II: Financial and Compliance Audits Attachment III: Civil Rights Certificate Attachment IV: Plan of Action Attachment V: Lead Agency Application IN WITNESS THEREOF, the parties hereto have caused this 12 page contract to be executed by their undersigned officials as duly authorized. LEAD AGENCY UNITED WAY OF DADE cOUNTY/ AREA AGENCY ON AGING FOR DADE AND MONROE COUNT I ES Signed By: Signed By: Name: Name: Paul C. Hunt (Please Print) Title: Title: Director Date: Date: contract.cce 6/10/87 /1, r>f:~:"O': AS TO F'JR:.r? 1 /i \",' ~ G~f1;~ "t); r"~P!CI:::t...'C}~ I ~y ?If 1'~~i ___.._~ ~/f II I' ,.-, ",~.. .... t . ~_ r,r,( ./ l Aging and Adult Services co~unity Care for the Elderly ATTACHMENT I CONDITIONS A. Services to be Rendered: 1. The attached application for Community Care for the Elderly FundinQ (Attachment V), hereinafter referred to as the "A~~lication." and the attached Plan of Action (Attachment IV), and any revisions thereto approved by the Area Agency, by physical attachMent to this contract, is a part of this legal agreement and prescribes the services to be rendered by the Lead Agency. B. Manner of Service Provision: 1. The services will be provided in a Nanner consistent with and as described in the A~~lication (Attachment V), and the Plan of Action (Attachment IV). c. Method of-Payment: 1. Subject to the availability of funds, all funds identified in the estimated budget attached hereto (Attachment V) are to be expended for the provision of core services and case manageMent and for payment of other directly related costs to those eligible under the eligibility requirements set forth in Chapter 410.021- 410.29 F.S. 10A-I0 F.A.c. and HRSM 140-4. All requests for payment will be made using HRS Form 578, Request for Pay~ent/Refund-Deficit Notice. The Lead Agency ~ay request an advance of one month funds for each of the initial two Months expected cash needs. Subsequent request for payments using HRS Form 578, will be made on the basis of the net expenditures identified on HRS For~ 577, Report on Receipts and Expenditures. Each request for payment with the exception of the initial two advances will be accompanied with a completed HRS ForN 577 in accordance with instructions provided by the Area Agency. 2. Said funds shall consist of $ 399,679 in State General Revenue. The Lead Agency and/or suhcontractors Must Match this amount with cash and/or in-kind of $44,409 3. Requests for payment shall be submitted to JaMes S~rinQfield. Area Agency Senior Associate/Fiscal Operations at the following location: 600 Brickell Avenue. Miami. Florida 33131. 4. The Lead Agency with appropriate justification ~ay request extraordinatry cash in addition to the above advance requests in accordance with Schedule A in the Application for co~unity Care for the Elderly or as otherwise necessary. Request for extraordinary cash can be ~ade on HRS Form 578 in addition to funds requested based on net expenditures. Funds received on the basis of extraordinary cash need are considered an advance. 5. All interest earned on contract fund advances, (the initial two months payments and any requests for extra- ordinary cash) Must be rep~rted and returned according to instructions. 6. The Lead Agency must submit the final request for payment to the Area Agency no more than forty (40) days after the contract ends or is terminated and if the Lead Agency fails to do so, all rights to payment are forfeited and the Area Agency will not honor any request submitted after the aforesaid agreed-upon period. All Monies which have been paid to the Lead Agency which have not been used to retire outstanding obligations of this contract must be refunded to the Area Agency along with the closeout package. 7. Any payment due under the terMS of this contract May be withheld until all evaluations, required program and financial reports due frOM the Lead Agency, and necessary adjustments thereto, have been approved by the Area Agency. - 2 - 8. A final Receipt and Expenditures, HRS Form 577, Report will be forwarded to the Area Agency within forty (40) days after the contract ends or is ter~inated. D. Match: Total CCE Lead Agency Natch for this contract period will be at least $44.409 The Lead Agencies contribution will be Nade in the form of cash and/or in-kind resources equaling at least ten (10) percent of the contract. Matching a~ounts provided must be in proper proportion to General Revenue funds expended. If match is not proportional to General Revenue funds expended, the Lead Agency Nust provide the Area Agency with a written explanation indicating the circumstances for the undermatch. At the end of the contract period, all General Revenue funds expended must be properly Natched. E. Special Provisions: 1. State Laws and ReQulations a. The Lead Agency agrees to comply with applicable parts of the Florida Statutes, State Rule 10A-I0, F.A.c., promulgated for administration of Chapter 410.021-410.029, Florida Statutes, and HRSM 140-4. b. The Lead Agency agrees to comply with State licensing standards, all applicable standards, criteria, manuals and guidelines of the Aging and Adult Services Program, and any other applicable manuals, guidelines or criteria established by the Area Agency. 2. Service Re~orts The Lead Agency agrees to furnish the Area Agency with a service report on the effectiveness or the program and include statistics and information that the Area Agency ~ay require. Said reports shall be made dating from the effective date of this contract in a format and according to a schedule provided by the Area Agency for each report. 3. MonitorinQ Lead Agency agrees to conduct monitoring of subcon- tractors according to a schedule described in HRSM 140-4 or other Area Agency related documents. Copies of reports of such monitoring visits and the notification letter with agenda will be submitted to the Area Agency and other appropriate agents on a format and within ti~e frames approved by the Area Agency. 4. Subcontracts a. Area Agency approval of the Lead Agency application for cCE funds shall constitute Area Agency approval of the Lead Agency subcontracts if the subcontracts follow the service and funding information as identified in the approved Lead Agency application. b. The Area Agency agrees to provide technical assistance to all Lead Agencies and to the Lead Agency subcontractors, if requested by the Lead Agency. 5. Sus~ension a. The Area Agency may, f9r reasonable cause, temporarily suspend the use of funds by the Lead Agency pending corrective action, or pending a decision to terminate the contract. b. The Area Agency Nay prohibit the Lead Agency froN receiving further payments and may prohibit the Lead Agency from incurring additional obligations of funds. The suspension may apply to only part, or all of the Lead Agency's operations. c. To suspend operations of the Lead Agency, the Area Agency will notify the Lead Agency in writing by Certified Mail of the action to be taken; the reason(s) for such action and the conditions of the suspension. The notification will also indicate what corrective actions are necessary to remove the suspension; the Lead Agency's right to a hearing; and 3 - will grant the Lead Agency with a reasonable ti~e period to request a hearing before the effective date o~ the suspension (unless Lead Agency actions warrant an i~ediate suspension). 6. Non-Exnendable Pronerty a. "PROPER~ is equipment, fixtures, and other tangible personal property of a non-consumable nature, the value of which is $100.00 or more, and the nor~al operational life of which is one year or more. Property also includes hard-back covered- bound books, the value or cost of which is $25.00 or Nore. b. All such property shall be listed on the property record, HRS-AA ForN 4013. Such property shall be inventoried annually, and the current HRS-AA Form 4013 shall be subNitted to the Area Agency annually with the cONmunity Care for the Elderly application and updated as property is obtained. Disposition of non-expendable property shall be in confor~ance with HRSM 140-4. c. Upon terNination of this contract, the said property shall be disposed of in a manner consistent with HRSM 140-4, Chapter 21. d. No real property is to be purchased with cCE funds. 7. Travel a. Travel expenses shall be paid in accordance with rates specified in Section 112.061, F.S., governing payments by the State for travel expense and HRSR 40-1 (Official Travel of HRS Employees and Non-HRS ENployees). b. Travel- expenses may be reimbursed in an amount not to exceed the maximum amount established by HRSR 40-1. c. Receipts for items such as car rental, other ground transportation and air transportation are required for reimbursement. d. The Lead Agency AUSt retain on file in an auditable forAat, documentation of all travel expenses to include the following data eleNents: name of the traveler, dates of travel, travel destination, purpose of travel, hours of departure and return, per diem or meals allowance, map mileage, incidental expenses, signature of payee and payee's supervisor. e. Lead Agency may consolidate the travel expense claiNs for each individual to include travel for a specific period of time. Consolidated reports must be supported by a travel log which details each trip for which travel expense is claimed. 8. conyriqht Clause Where activities supported by this project produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Area AGency has the right to use, duplicate and disclose such Aaterials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Area Agency do so. If the, material is copyrightable, the Lead Agency Nay copyright such ~aterial, with approval of the Area Agency, but the Area Agency will reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize other acting on behalf of the Area Agency to do so. 9. Snonsorshin The Lead Agency assures that all notices, inforNational pamphlets, press releases, advertiseNents, descriptions of the sponsorship of the prograA, research reports, and si~ilar public notices prepared and released by the Lead Agency, shall include the statement: "Sponsored by the Department of Health and Rehabilitative Services and the State of Florida." If the sponsorship reference is in written material, the words, "State of Florida" shall appear in the same size letters or type as the naAe of the organization. - 4 - 10. CIS Reportinq This clause supercedes Section 1.1 as the Area Agency does not engage in direct service provision. The Area Agency will assure through contractual provision in their subcontracts with CCE Lead Agencies that HRS Client Infor~ation System data is recorded and submitted to the Department in accordance with HRSP 50-10. 11. Financial and Compliance Audits a. The Lead Agency will have an annual financial and compliance audit covering its entire organization for its fiscal year performed by an independent auditor. b. Service providers under contract with the Lead Agency must also have annual financial and compliance audits performed by an independent auditor, covering their entire organization for their fiscal year and annually thereafter. c. The annual financial and compliance audits will be in accordance with Standards for Audits of Governmental Orqanization. Proqraros. Activities and Functions by the Comptroller General of the United States, February 27, 1981. For the purposes of this Attachment, the scope of Audits performed will include only financial and compliance. d. Local government providers will comply with the Office of Management and Budget Circular A-128, "Audits of State and Local Governments" dated April 15, 1985. e. Nonprofit providers will comply with the Office of Management and Budget Circular A-I10, "Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations." f. All Provider audits (Local Government and Non.rofit) will comply with OMB Circular A-128, Sections 5.f., 6, 7, 8, 12, 13, 14, and 15. g. Audit work papers and reports will be retained for a minimUN of three (3) years from the date of tke audit unless the auditor is notified by the Area Agency to extend the retention period. Audit workpapers will be made available upon request to the Area Agency or its designee. h. Audit reports are due to the Area Agency on or by one hundred-ten (110) days after the end of the Aqency's fiscal year. 12. Bondinq The Lead Agency agrees to furnish an insurance bond fro~ a responsible co~ercial surety company covering all officers, employees and agents of the Lead Agency authorized to handle funds received or disbursed under thiS contract. This bond will be in an amount co~ensurate with the funds handled, the degrees of risk as determined by the surety company and consistent with good business practice. 13. Automated Financial Records The use of computers in financial management is encouraged, but it is not ~ substitute for traditional accounting methods and permanent accounting records. The Lead Agency utilizing automated systems must remember that there is an obligation to abide by their contract agreement with the Department o~ Health and Rehabilita- tive SerVices, Sections: I.e., Audits and Records; I.D., Retention of Records; and I.E., Monitoring. In order to Neet the requirements of I.e., I.D., and I.E., original records must be kept in a reasonable for~, namely: a. A permanent written (printed and dated) record of financial transactions must be developed and verified by the Lead Agency and retained in a manner to facilitate inspection by auditors and prograro monitors. 5 - b. Co~puter maintained financial records must be printed out at least monthly, properly recorded/dated, initialed by the fiscal officer or project director and placed into a permanent binder (general ledger). It is also reco~ended that the diskette containing this inforNation be retained in the event that there is a future need to review the fiscal infor~ation required for the reporting period. c. Proper reference and back-up materials such as invoices, canncelled checks and bank state~ents ~ust be properly dated and grouped accordingly on a ~onthly basis. d. All records and documentation must be kept for at least five (5) years. ATTACHMENT II Financial and Com~liance Audits The Lead Agency agrees to have an annual financial and compliance audit performed, by independent auditors in accordance with Standards for Audit of Governmental OrGanizations. ProGrams. Activities. and Functions developed by the Comptroller General of the United States, dated Februrary 27, 1981 (also referred to as the "yellow book" and generally accepted governmental auditing standards). State and local governments shall comply with Office of Management and Budget (OMB) Circular A-128, "Audits of State and Local Governments" dated April 15, 1985. Universities, hospitals and other nonprofit providers shall comply with OMB Circular A-I10, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." Such audits shall cover the entire organization for the organiztaion's fiscal year. Section 5.f, 6., 7., 8., 12., 13., 14. and 15. of OMB Circular A-128 shall apply to all audits. The Lead Agency shall assure that audit workpapers and reports are retained for a minimum of three (3) years from the date of the audit report, unless the auditor is notified in writing by the Area Agency to extend the retention period. The Lead Agency shall also ensure that audit workpapers are made available upon request to the Area Agency or its designee. The scope of Standards for Audit of Governmental OrGanizations. ProGrams. Activities. and Functions (the "yellow book") includes (1) financial and compliance, (2) economy and efficiency and (3) program results. 'For purposes of this attachment, the scope of audits performed should include only financial and compliance. Contracts containing Federal funds shall be audited for fiscal years beginning after June 30, 1985. For example, the first audit required by this Attachment for contracts ending June 30, 1986 is for the period July 1, 1985 through June 30, 1986. All contracts beginning after June 30, 1986, whether containing Federal funds or not; shall be audited in accordance with these provisions. Eight copies of the audit report must be sudmitted as follows: a. One copy of the audit report must be submitted to the Office of Audit and Quality Control SerVices, Audit Administrator, 1317 Winewood Boulevard, Tallahassee, Florida 32301. b. Seven copies to the Area Agency on Aging within one hundred-ten (110) days after the end of the Lead Agency's fiscal year unless otherwise required by Florida Statutes. If a management letter or any other reports or correspondence relating to the audit findings or reco~endations are issued in connection with the audit, copies must accompany the audit report. ATTACHMENT III CIVIL RIGHT CERTIFICATE ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 504 OF THE REHABILITATION ACT OF 1973, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, THE AGE DISCRIMINATIN ACT OF 1975, AND THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981. The applicant provides this assurance in consideration of and for the purpose of obtaining Federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other Federal financial assistance to programs or activities receiving or benefiting from Federal financial assistance. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et ~., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from Federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. 3. Title IX of the Education Amen~ents of 1972, as amended, 20 U.S.C. 1681 et ~., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from Federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et ~., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from Federal financial assistance. 5. The OMnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from Federal financial assistance. 6. All regulations, guidelines, and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from Federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statues, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the Grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or a~inistrative relief, to include assistance being terminated and further assistance being denied. attach-1.cce 6/10/87