09/19/2001
CLERK'S ORIGINAL
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Agreement No, PA 229
ALLIANCE FOR AGING, INC.
AREA AGENCY ON AGING FOR M'AMI-DADE AND MONROE COUNTIES
MASTER AGREEMENT
THIS MASTER AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter
referred to as the "Alliance", and the Monroe County Board of Commissioners, hereinafter referred
to as the "recipient",
All contracts executed between the recipient and the Alliance shall be subject to the conditions set forth
in this agreement for the duration of the contract period(s). Any and all contracts executed between
the recipient and the Alliance during the effective period of this agreement will incorporate this
agreement by reference and shall be governed in accordance with the laws, statutes, and other
conditions set forth in this agreement.
The parties agree:
I. Recipient Agrees:
A. To provide services according to the conditions specified in any contract(s) with the Alliance
during the period this agreement is in effect.
This agreement covers all services provided by the recipient under contract with the Alliance.
B. Federal Laws and Regulations:
1. The recipient shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92,
and other applicable regulations,
2. The recipient shall comply with all applicable standards, orders, or regulations issued
under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section
508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order
11738, and Environmental Protection Agency regulation (40 CFR Part 15). The recipient
shall report any violations of the above to the Alliance,
3. The recipient must, prior to execution of this agreement, complete the Certification
Regarding Lobbying form, ATTACHMENT I. If a Disclosure of Lobbying Activities form,
Standard Form LLL, is required, it may be obtained from the Alliance's contract manager.
All disclosure forms as required by the Certification Regarding Lobbying form must be
completed and returned to the Alliance's contract manager.
4. The recipient must, prior to execution of this agreement, complete the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Contracts/Subcontracts, ATTACHMENT II,
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5. The recipient shall comply with the provIsions of the U,S. Department of Labor,
Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030.
C. Civil Rights Certification:
The recipient 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 benefitting from federal
financial assistance. The recipient agrees to complete the Civil Rights Compliance
Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15)
or more persons are employed. For recipients employing less than 15 persons, the Alliance
requests completion of the Civil Rights Compliance Questionnaire.
The recipient assures 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 benefitting 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 benefitting
from federal financial assistance.
3, Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq.,
which prohibits discrimination on the basis of sex in education programs and activities
receiving or benefitting from 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 of age in programs or activities receiving or benefitting from
federal financial assistance,
5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S,C,
9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex,
handicap, political affiliation or beliefs in programs and activities receiving or benefitting
from federal financial assistance.
6, The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits
discrimination against, and provides equal opportunities for individuals with disabilities, in
employment, public services, and public accommodations.
7, All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant
to the above statutes,
8. The recipient shall establish procedures to handle complaints of discrimination involving
services or benefits through this contract. The recipient shall advise clients, employees,
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and participants of the right to file a complaint, the right to appeal a denial or exclusion
from the services or benefits from this contract, and their right to a fair hearing,
Complaints of discrimination involving services or benefits through this contract may also
be filed with the Secretary of the Department of Elder Affairs or the appropriate federal or
state agency.
9. The recipient further assures all subrecipients, contractors, subcontractors, subgrantees,
or others with whom it arranges to provide services, will comply with the above laws and
regulations.
D. Requirements of Section 287.058, Florida Statutes:
For all contracts covered by this agreement, the recipient agrees:
1, To submit bills for fees or other compensation for services or expenses in sufficient detail
for a proper pre-audit and post-audit. Expenditures prohibited from state funds unless
expressly provided by law include, but are not limited to:
(a) Congratulatory telegrams;
(a) Flowers and/or telephone condolences;
(c) Presentation of plaques for outstanding service;
(d) Entertainment for visiting dignitaries;
(e) Refreshments such as coffee and doughnuts;
(f) Decorative items (globe, statues, potted plants, picture frames, wall hangings, etc.)
(g) Greeting Cards (section 286.27, F,S.);
(h) Alcoholic beverages;
(i) Portable heaters and fans, refrigerators, stoves, microwave ovens, coffee pots, coffee
mugs, etc.;
U) Clocks for private offices;
(k) Meals, except those served to inmates and clients of State Institutions.
(I) Lobbying expenses (see Section I., paragraph L. of this agreement)
2, To follow the policies of the Department of Elder Affairs regarding any and all business
travel pursuant to this agreement and to submit bills for any travel expenses in accordance
with section 112.061 , Florida Statutes. The State of Florida Voucher for Reimbursement
of Travel Expenses form, or an equivalent form developed by the recipient, must be
completed for all travel funded by contract(s) covered by this agreement. Receipts for car
rental, air fare, lodging, and incidental expenses allowed by statute are required
documentation to be retained on file to support expenditures. Conference and convention
travel require an agenda, Conference, convention, and out-of-state travel funded by
contracts covered by this agreement require written authorization from the appropriate
authority at the department. Per diem and meal reimbursement will be paid in accordance
with the time periods and rates specified in the statutes,
3. To provide units of deliverables, including reports, findings, and drafts as specified in the
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contracts, the contract attachments, and the service application, to be received and
accepted by the contract manager prior to payment.
4. To allow public access to all documents, papers, letters, or other materials subject to the
provisions of chapter 119, Florida Statutes, and made or received by the recipient in
conjunction with any and all contracts referencing this agreement. -
5. To develop procurement procedures for all services purchased pursuant to contracts and
subcontracts subject to this agreement in accordance with state and federal regulations
that encourage competition and promote a diversity of contractors for services for the
elder consumers.
E. With holdings and Other Benefits:
The recipient is responsible for Social Security and Income Tax withholdings,
F. Indemnification:
If the recipient is a state or local governmental entity, pursuant to subsection 768,28( 18)
Florida Statutes, the provisions of this section do not apply.
1. Recipient agrees it will indemnify, defend, and hold harmless the Department of Elder
Affairs and the Alliance and all of their 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 recipient, its agents,
employees, or subrecipients during the performance of all contracts incorporating this
agreement by reference, whether direct or indirect, and whether to any person or property
to which the Department, the Alliance or said parties may be subject, except neither
recipient nor any of its subrecipients will be liable under this section for damages arising
out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Department, the Alliance or any of their officers, agents, or employees,
2. Recipient's obligation to indemnify, defend, and pay for the defense or, at the
Department's option, to participate and associate with the Department in the defense and
trial of any claim and any related settlement negotiations, shall be triggered by the
Department's notice of claim for indemnification to recipient. Recipient's inability to
evaluate liability or its evaluation of liability shall not excuse recipient's duty to defend and
indemnify the Department. upon notice by the Department. Notice shall be given by
registered or certified mail, return receipt requested, Only an adjudication or judgment
after the highest appeal is exhausted specifically finding the Department solely negligent
shall excuse performance of this provision by recipients. Recipient shall pay all costs and
fees related to this obligation and its enforcement by the Department. Department's failure
to notify recipient of a claim shall not release recipient of the above duty to defend.
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3. It is the intent and understanding of the parties that the recipient nor any of its
subrecipients are employees either of the Department or the Alliance and shall not hold
themselves out as employees or agents of either agency without specific authorization
from them, It is the further intent and understanding of the parties that neither the
Department nor the Alliance control t~e employment practices of the recipient and shall
not be liable for any wage and hour, employment discrimination, or other labor and
employment claims against the recipient.
G. Insurance and Bonding:
1, 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 contracts
incorporating this agreement by reference. The recipient accepts full responsibility for
identifying and determining the type(s) and extent of liability insurance necessary to
provide reasonable financial protections for the recipient and the clients to be served under
contracts incorporating this agreement by reference, Upon execution of each contract
covered under this agreement, the recipient shall furnish the Alliance 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 Department of Elder Affairs and the Alliance reserve
the right to require additional insurance where appropriate,
2, To furnish an insurance bond from a responsible commercial insurance company covering
all officers, directors, employees and agents of the recipient authorized to handle funds
received or disbursed under all contracts incorporating this agreement by reference in an
amount commensurate with the funds handled, the degree of risk as determined by the
insurance company and consistent with good business practices.
3. If the recipient is a state agency or subdivision as defined by section 768,28, Florida
Statutes, the recipient shall furnish, upon request, written verification of liability protection
in accordance with section 768.28, Florida Statutes, Nothing herein shall be construed
to extend any party's liability beyond that provided in Section 768.28, Florida
Statutes, (See also Indemnification clause,)
H. Abuse Neglect and Exploitation Reporting:
In compliance with Chapter 415, F.S., an employee of the recipient 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 (1-800-96 ABUSE).
I. Transportation Disadvantaged:
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If clients are to be transported under any contracts incorporating this agreement, the recipient
will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2,
Florida Administrative Code,
J. !,urchasing:
1. Procurement of Products or Materials with Recycled Content
Any products or materials which are the subject of, or are required to carry out any
contracts under this agreement shall be procured in accordance with the provisions of
Section 403,7065 and 287.045, Florida Statutes.
2. Equity in Contracting
Pursuant to Section 287,09451, F. S., the Department of Elder Affairs 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 recipient shall report
information on utilization of certified minority, and non-certified minority providers and
vendors for all subrecipients and vendors receiving funds pursuant to all contracts covered
by this agreement This report shall be submitted quarterly to the Alliance.
3, Front Porch Community Initiative
The recipient is encouraged to identify in the service application 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,
K. Sponsorship:
1. As required by Section 286.25, Florida Statutes, if the recipient is a non-governmental
organization which sponsors a program financed wholly or in part by state funds, including
any funds obtained through contracts executed in accordance with this agreement, it shall
in publicizing, advertising or describing the sponsorship of the program, state:
"Sponsored by the Monroe County Board of Commissioners, the State of Florida,
Department of Elder Affairs and the Alliance for Aging, Inc,". The recipient shall also
display a graphic of the Department's Pillars logo and the Alliance's Answers on Aging
logo on all printed materials as displayed in Attachments VI and VII respectively, If the
sponsorship reference is in written material the words "State of Florida, Department of
Elder Affairs and the Alliance for Aging, Inc." shall appear in the same size letters and type
as the name of the organization, This shall include, but is not limited to, any
correspondence or other writing, publication or broadcast that refers to such program.
2, If the recipient is a governmental entity or political subdivision of the state, the Department
and the Alliance request compliance with the conditions specified above.
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3, The recipient shall not use the words "The State of Florida, Department of Elder Affairs
and the Alliance for Aging, Inc." to indicate sponsorship of a program otherwise financed
unless specific authorization has been obtained by the Alliance prior to use.
L. Use of Funds For Lobbying Prohibited:
To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the
expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch
or a state agency,
M. Employment
If the recipient is a non-governmental organization, it is expressly understood and agreed the
recipient will not knowingly employ unauthorized alien workers, Such employment constitutes
a violation of the employment provisions as determined pursuant to section 274A(e) of the
Immigration Nationality Act (INA), 8 U.S.C. s,1324 a (e)("section 274A(e)"), Violation of the
employment provisions as determined pursuant to section 274A(e) shall be grounds for
unilateral cancellation of any and all contracts incorporating this agreement by reference.
N. Audits and Reco-rds:
1. To maintain books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting procedures and practices which
sufficiently and properly reflect all revenues and expenditures of funds provided by the
Alliance under all contracts under this agreement.
2, To assure these records shall be subject at all reasonable times to inspection, review,
audit, copy, or removal from premises by state personnel and other personnel duly
authorized by the Alliance, the Department of Elder Affairs, or by federal personnel, if
applicable.
3. To maintain and file with the Alliance such progress, fiscal and inventory and other reports
as the Alliance may require within the period of this agreement. Such reporting
requirements must be reasonable given the scope and purpose of the contracts
incorporating this agreement by reference.
4. To submit management, program, and client identifiable data, as specified in the
Department of Elder Affairs Client Services Manual. To record and submit program
specific data in accordance with Department of Elder Affairs Client Information Registration
and Tracking System (CIRTS) Policy Guidelines,
5, To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT
III (Revised July 2001) and to ensure all related party transactions are disclosed to the
auditor.
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6, To include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
7. The recipient agrees to provide client information and statistical data for research and
evaluative purposes when requested by the Alliance.
8. To provide to the Alliance all fiscal information regarding services contracted pursuant to
this agreement using the application required by the Department of Elder Affairs,
o. Retention of Records:
1, To retain all client records, financial records, supporting documents, statistical records, and
any other documents (including electronic storage media) pertinent to each contract
covered under this agreement for a period of five (5) years after termination of the
contract(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 until resolution of the audit findings.
2, Persons duly authorized by the Department of Elder Affairs, the Alliance or federal
auditors, pursuant to 45 CFR, Part 92.42(e), (1), 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.
P. Monitoring and Incident Reporting:
1. To maintain books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting procedures and practices which
sufficiently and properly reflect all revenues and expenditures of funds provided by the
department under all contracts under this agreement. Recipient 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. This documentation will be made available upon
request for monitoring and auditing purposes.
2. The Alliance will perform administrative and programmatic monitoring of the recipient to
ensure contractual compliance, fiscal accountability, programmatic performance, and
compliance with applicable state and federal laws and regulations.
3. To permit persons duly authorized by the Department of Elder Affairs or the Alliance to
inspect any records, papers, documents, facilities, goods and services of the recipient
which are relevant to contracts incorporating this agreement by reference, or to the
mission and statutory authority of the Department or the Alliance, and to interview any
consumers and employees of the recipient to be assured of satisfactory performance of
the terms and conditions of the contract(s), Following such inspection the Department or
the Alliance will deliver to the recipient a list of its concerns with regard to the manner in
which said goods or services are being provided. The recipient will rectify all noted
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deficiencies provided by the Department or the Alliance within the time set forth, or provide
either the Department or the Alliance with a reasonable and acceptable justification for the
recipient's failure to correct the noted shortcomings. The Department or the Alliance shall
determine whether such failure is reasonable and acceptable. The recipient's failure to
correct or justify deficiencies within a reasonable time as specified by the Department or
the Alliance may result in either agency any of the actions identified in the Enforcement
section, or deeming the recipient's failure to be a breach of contract.
4. The recipient will notify the Alliance within 24 hours of conditions related to performance
that could impair continued service delivery, Reportable conditions may include:
· proposed consumer terminations
· recipient financial concerns/difficulties
· service documentation problems
· contract non-co~pliance
· service quality and consumer complaint trends,
Recipient will provide the Alliance with a brief summary of the problem(s) and proposed
corrective action plans and time frames for implementation.
Q. Safeguarding Information:
Except as provided for Alliance auditing and monitoring purposes, not to use or disclose any
information concerning a consumer who receives services under contracts incorporating this
agreement by reference or subsequent contracts for any purpose not in conformity with state
and federal regulations (45 CFR, Part 205,50), except upon written consent of the consumer,
or the consumer's authorized representative.
R. Assignments and Subcontracts:
Alliance approval of the service application presented by the recipient shall constitute Alliance
approval of the recipient subcontracts if the subcontracts follow the service and funding
information identified in the service application. The recipient must submit all contracts for
services under the service application to the Alliance for prior approval when the proposed
subrecipient is a profit making organization, No such approval by the Alliance of any
assignment or subcontract shall be deemed in any event or in any manner to provide for the
incurrence of any obligation of the Alliance in addition to the total dollar amount agreed upon
in contracts covered by this agreement. All assignments or subcontracts shall be subject to
the conditions of this agreement and the contracts incorporating it by reference (except
Section I, Paragraphs J.1., J.2., J.3" and Section II. Paragraph A.) and to any conditions of
approval the Alliance shall deem necessary. Section I, Paragraph M, is only applicable to
state agencies or political subdivisions of the state,
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s. Return of Funds:
1. To return to the Alliance any overpayments due to unearned funds or funds disallowed
pursuant to the terms of all contracts for which funds were disbursed to the recipient by
the Alliance.
a, The recipient shall return any overpayment to the Alliance within forty (40) calendar
days after either discovery by the recipient, or notification by the Alliance, of the
overpayment.
b. In the event the recipient or its independent auditor discovers an overpayment has
been made, the recipient shall repay said overpayment within forty (40) calendar days
without prior notification from the Alliance. In the event the Alliance first discovers an
overpayment has been made, the Alliance will notify the recipient by letter of such a
finding,
2. Should repayment not be made in a timely manner, the Alliance will charge interest of one
(1) percent per month compounded on the outstanding balance forty (40) calendar days
after the date of notification or discovery.
T. Data Integrity:
Pursuant to the accounting and reporting requirements for federal grants management in OMS
Circulars A-102 and A-110, and the Department of Management Services (OMS)
Memorandum No, 6 (98-99) which requires certification of data integrity for any procurement
document, the recipient must, prior to execution of this agreement, complete the Data Integrity
Certification form, ATTACHMENT V.
In the event a data integrity issue results in a delay of service, the recipient agrees to execute
their agency disaster plan to ensure the delivery of service(s) continues,
u. Conflict of Interest:
The recipient hereby agrees to develop and implement a policy to ensure that its employees,
board members, management and subrecipients, will avoid any conflict of interest or the
appearance of a conflict of interest when disbursing or using the funds described in this
agreement or when contracting with another entity which will be paid by the funds described
in this agreement. The recipient's board members and management must disclose to the
Alliance 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
agreement. The recipient's employees and service subrecipients must make the same
Qisclosures described above to the recipient's board of directors.
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T. Successors and Transferees:
This agreement and its attachments are binding on the recipient and its successors and
transferees.
II. The Alliance Agrees:
A. Contract Payment:
Unless otherwise stated in the contract(s) covered by this agreement between the Alliance and
recipient, payments made by the Alliance to the recipient must be within seven (7) working
days after receipt by the Alliance of full or partial payments from the Department of Elder
Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7)
working days will result in a penalty charged against the Alliance and paid to the recipient in
the amount of one-half of one (1) percent of the amount due, per day from the expiration of
the period allowed herein for payment. Such penalty shall be in addition to actual payments
owed and shall not exceed fifteen (15) percent of the outstanding balance due.
B. Vendor Ombudsman:
A Vendor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for vendors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
III. Recipient and Alliance Mutually Agree:
A. Effective Date
1. This agreement shall begin on July 1, 2001 or on the date on which the agreement has
been signed by both parties, whichever is later, and shall end on June 30, 2002.
2. All contracts executed between the Alliance and the recipient during the effective period
of this agreement shall reference this agreement by number, incorporating it therein, and
shall be governed by the conditions of this agreement for the duration of the contract
period(s).
B. Termination:
1. Termination at Will
Any contract(s) covered by this agreement and incorporating it by reference may be
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terminated by either party upon no less than thirty (30) 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 recipient terminates a contract at will, the recipient agrees to
submit, at the time it serves notice of the intent to terminate, a plan which identifies
procedures to ensure services to clients will not be interrupted or suspended by the
termination, In the event that an agreement between the recipient and a subrecipient is
terminated, the recipient shall require the subrecipient to submit to the recipient and the
Alliance, a similar plan ensuring services to clients will not be interrupted or suspended by
the termination,
2, Termination Because of Lack of Funds
In the event funds to finance any contract(s) under this agreement become unavailable,
the Alliance may terminate the affected contract or contracts upon no less than twenty-four
(24) hours notice in writing to the recipient. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery. The Alliance shall be the final
authority as to the availability of funds.
3. Termination for Breach
Unless the breach is waived by the Alliance in writing, or the recipient fails to cure the
breach within the time specified by the Alliance, the Alliance may, by written notice to the
recipient, terminate the contract(s) incorporating this agreement 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 Department of
Elder Affairs may employ the default provisions in Chapter 60A-1,006(3), Florida
Administrative Code. Waiver of breach of any provisions of anyone contract covered by
this agreement shall not be deemed to be a waiver of any other breach and shall not be
construed to be a modification of the terms of other contracts covered under this
agreement. The provisions herein do not limit the Department's or the Alliance's right to
remedies at law or to damages of a legal or equitable nature.
c. Enforcement:
1. The Department of Elder Affairs or the Alliance may, in accordance with section
430,04, Florida Statutes, take intermediate measures against the recipient, including:
corrective action, unannounced special monitoring, temporary assumption of the
operation of one or more programs, placement of the recipient on probationary status,
imposing a moratorium on recipient action, imposing financial penalties for
nonperformance, or other administrative action pursuant to Chapter 120 Florida
Statutes, if the Alliance or the Department finds that:
· an intentional or negligent act of the recipient has materially affected the health,
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welfare, or safety of clients, or substantially and negatively affected the operation of
an aging services program.
. the recipient lacks financial stability sufficient to meet contractual obligations or that
contractual funds have been misappropriated.
. the recipient has committed multiple or repeated violations of legal and regulatory
standards, regardless of whether such laws or regulations are enforced by the
Department or the Alliance, or the recipient has committed or repeated violations of
Department standards,
. the recipient has failed to continue the provision or expansion of services after the
declaration of a state of emergency.
. the recipient has failed to adhere to the terms of this agreement or the terms of any
contract(s) covered by this agreement and incorporating it by reference,
2, In making any determination under this provision the Department of Elder Affairs may rely
upon the findings of another state or federal agency, or other regulatory body, Any claim
for breach of contract is exempt from administrative proceedings and shall be brought
before the appropriate entity in the venue of Leon County. Before the Department formally
rescinds the designation of the provider or initiates any intermediate measure, or either
party commences equitable or legal action of any sort, both parties agree to engage in
informal mediation through a meeting of each party's representative at a place and location
designated by the Department.
D. Notice and Contact:
1. The name, address and telephone number of the Alliance for this agreement is:
Alliance for Aging, Inc.
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 33156
(305) 670-6500 SC 455-6500
2, The name, address and telephone number of the recipient of the program under this
agreement is:
Monroe County Board of Commissioners
5100 College Road - Wing III
Key West, Florida 33040
(305) 292-4573
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3. The name of the contact person, street address and telephone number where financial and
administrative records are maintained:
Louis LaTorre, Executive Director
5100 College Road - Wing III
Key West, Florida 33040
(305) 292-4573
E. Renegotiation or Modification:
1, Modifications of provisions of this agreement and of any and all contract(s) incorporating
this agreement by reference shall only be valid when they have been reduced to writing
and duly signed, The parties agree to renegotiate this agreement and any affected
contracts if revisions of any applicable laws or regulations make changes in this agreement
necessary ,
2. The rate of payment and the total dollar amount may be adjusted retroactively for any
contract(s) incorporating this Master Agreement by reference to reflect price level
increases and changes in the rate of payment when these have been established through
the appropriations process and subsequently identified in the Department of Elder Affairs
operating budget.
IV. The Recipient agrees to the Following Special Provisions:
A. Property
1. Non-expendable property is defined as tangible property of a non-consumable nature
with an acquisition cost of $1000 or more per unit, and expected useful life 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. Hardback books with a value or cost of $25 or
more should be classified as an OCO expenditure only if they are circulated to
students or the general public,
2, All property, purchased under contracts covered by this agreement or purchased by
the Alliance and received by the recipient shall be listed on the property records of the
recipient. Said listing shall include a description of the property, model number,
manufacturer's serial number, funding source, information needed to calculate the
federal andlstate share, date of acquisition, unit cost, property inventory number and
information on the location, use and condition, transfer, replacement or disposition of
the property,
3. All purchased property shall be inventoried annually. An inventory report will be
submitted to the Alliance upon request by the Alliance,
4, Title (ownership) to all property acquired with funds from any contracts covered by this
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agreement or otherwise purchased by the Alliance shall be vested in the Department
of Elder Affairs upon completion or termination of the contract(s).
5. At no time shall the recipient dispose of non-expendable property except with the
permission of, and in accordance with instructions from the Alliance, 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,
6, A budget amendment is required to be submitted and approved by the Alliance's
contract manager prior to the purchase of any item of nonexpendable property not
specifically listed in the approved budget.
7. Information Technology Resources
The recipient must adhere to the Department of Elder Affairs' procedures and
standards when purchasing Information Technology Resources (ITR) as part of any
contract(s) incorporating this agreement by reference, An ITR worksheet is required
for any computer related item costing $1,000,00 or more, including data processing
hardware, software, services, supplies, maintenance, training, personnel and facilities,
The completed ITR worksheet shall be maintained in the Alliance for Aging's LAN
administrator's file,
8, Copyright Clause
Where activities supported by any contract(s) incorporating this agreement by reference
produce original writing, sound recordings, pictorial reproductions, drawings or other
graphic representation and works of any similar nature, the Department of Elder Affairs
and the Alliance have the right to use, duplicate and disclose such materials in whole or
part, in any manner, for any purpose whatsoever and to have others acting on their behalf
do so.
If the materials so developed are subject to copyright, trademark or patent, then legal title
and every right, interest, claim or demand of any kind in and to any patent, trademark,
copyright, or application for the same, will vest in the State of Florida, Department of State,
for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida
Statutes, no person, firm or corporation, including parties to this contract, shall be entitled
to use the copyright, patent or trademark without the prior written consent of the
Department of State,
C. Grievance and Appeal Procedures
1. In accordance with ATTACHMENT IV, Minimum Guidelines for Consumer Grievance
Procedures, the recipient will develop procedures for handling complaints from persons
who complain service has been denied, terminated or reduced.
15
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Agreement No. PA 229
2, Recipient will establish complaint procedures for older individuals who are dissatisfied
with or denied services. These procedures must include notice of the right to complain
and to have their complaint reviewed.
D, Investigation of Allegations
Any report that implies criminal intent on the part of this or any other recipient and referred
to a governmental or investigatory agency must be sent to the Alliance. The recipient must
investigate allegations regarding falsification of client information, service records,
payment requests, and other related information. If the recipient 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 recipient shall notify the
Alliance immediately. A copy of all documents, reports, notes or other written material
concerning the investigation, whether in the possession of the Alliance or the recipient
must be sent to the Department of Elder Affairs Inspector General with a summary of the
investigation and allegations,
E. Disaster
In preparation for the threat of an emergency event as defined in the State of Florida
Comprehensive Emergency Management Plan, the Department of Elder Affairs may
exercise authority over an area agency or service provider to implement preparedness
activities to improve the safety of the elderly in the threatened area and to secure area
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
service providers.
In the event the President of the United States or Governor of the State of Florida declares
a disaster or state of emergency, the Department of Elder Affairs may exercise authority
over an area agency or service provider to implement emergency relief measures and/or
activities.
In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the
Department of Elder Affairs shall have such authority to order the implementation of such
measures. All actions directed by the department 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,
F. Volunteers
The recipient will promote the use of volunteers as prescribed in Section 306(a)(12), Older
Americans Act and Section 430,07, Florida Statutes,
16
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Agreement No. PA 229
G. Business Hours
Recipients who are lead agencies, as defined in 430,203 (9), F.S, or who provide elder
helpline services pursuant to this agreement must at a minimum maintain business hours
from 8:00 am to 5:00 pm daily, Monday through Friday.
H. Client Information Registration and Tracking System (CIRTS) and Management
Information Systems.
For all program contracts incorporating this agreement by reference for which collection
of consumer data in CIRTS is required:
1. The Alliance shall employ a Local Area Network (LAN) Administrator who shall assure
the recipient's compliance with the requirements of the "LAN Administrator Guidelines"
adopted by the department. These "Guidelines" delineate the roles and responsibilities
of the Local Area Network Administrator. The Alliance shall assure any other support
necessary for full "LAN Administrator Guidelines" compliance, including reporting to
the department the operational status of their LAN and Wide Area Network (WAN) in
accord with the frequency and format directed in these "Guidelines",
2. The Alliance will ensure the collection and maintenance of consumer and service
information on a monthly basis from the Client Information Registration and Tracking
System (CIRTS) or any such system designated by the department. Maintenance
includes valid exports and backups of all data and systems according to department
standards,
3. The recipient shall enter all required data per the department's CIRTS Policy
Guidelines for consumers and services in the CIRTS database. The data must be
entered into the CIRTS before the recipient submits its request for payment and
expenditure reports to the Alliance, The Alliance shall establish time frames to assure
compliance with due dates for the requests for payment and expenditure reports to the
department.
4. The recipient will run monthly CIRTS reports and verify consumer and service data in
the CIRTS is accurate. This report must be submitted to the Alliance with the monthly
request for payment and expenditure report and must be reviewed by the Alliance
before the recipient's request for payment and expenditure reports can be approved
by the Alliance.
5, Failure to ensure the collection and maintenance of the CIRTS data may result in the
Alliance enacting the "Enforcement" clause of this agreement (see Section III, C,).
17
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Agreement No, PA 229
6. Computer System Backup and Recovery
Each recipient, among other requirements, must anticipate and prepare for the loss of
information processing capabilities. The routine backing up of data and software is
required to recover from losses or outages of the computer system. Data and software
essential to the continued operation of agency 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 recipient will submit to the Alliance,
annually or upon revision, their written policy for backing up data and software.
I. Consumer Outcomes
1. The recipient will develop consumer outcome measures consistent with those
developed by the Department of Elder Affairs and the Alliance.
2. As required by the legislature for performance-based program budgeting, the
Department of Elder Affairs will set targets for the performance of outcome measures.
The Alliance is responsible for achieving these targets and will incorporate them into
its subcontracts with service agencies as necessary.
J, Surplus/Deficit Report
The recipient will submit a consolidated surplus/deficit report to the Alliance's Programs
and Services Department by the 15th of each month. This report is for all contracts
between the recipient and the Alliance and must include an explanation where there is a
projected surplus or deficit of 2% or more. The report will include the following:
1. A list of subcontractors who are showing a surplus or deficit,
2. the recipient's detailed plan on how the surplus or deficit spending will be resolved or,
a recommendation to transfer surplus funds; and,
3. input from the recipient's Board of Director's on resolution of spending issues, if
applicable.
18
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Agreement No. PA 229
IN WITNESS THEREOF, the parties hereto have caused this 35 page agreement to be executed by
their undersigned officials as duly authorized.
RECIPIENT:
ALLIANCE FOR AGING, INC, FOR MIAMI
DADE AND MONROE COUNTIES, INC,
MONROE COUNTY BOARD OF
COMMISSIONERS
~~~g~~ESIDENT OR \
~ZED DEi#EE YL.. .. .sf
BY: [f- '~~
NAME: ~ ~~ t IV Wf-,{fll
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NAME: KATE CALLAHAN. PH.D.
TITLE:
/V1;4Y~~
,
TITLE: PRESIDENT
DATE:
{(/if/;
I I
DATE: ~ ~O\
BER:
YEAR ENDING DATE:
59-6000749
09/30
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19
07/01
Agreement No. PA 229
ATTACHMENT I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE
AGREEMENT
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 an 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 legislature, in connection with the awarding of any
federal grant, the making 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," 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-recipients 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, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
suc failure,
fr.e ~
-
Signature
~ ''I. ,"0'
'6at .
t:, fj)f?~ r rl<'iJc., flY {
Name of Authorized Individual
Monroe County Board of Commissioners
5100 College Road - Wing III
Key West. Florida 33040
Name and Address of Organization
DOEA Form 103
20
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Agreement No. PA 229
ATTACHMENT II
CERTIFICATION REGARDING
DEBARMENT. SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
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 recipient certifies, by signing this certification, that neither he nor his
principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in contracting with the Department of Elder Affairs
by any federal department or agency.
(2) Where the prospective recipient is unable to certify to any of the statements in this
~;' ; pro~~:;{all attach an explanation to this certification.
Signature
rltjf
Date
S ~J)I2t. y (V~r)~ ~!V/; MY~K
Name and Title of Authorized Individual
DOEA Form 112A
October 1993
21
07/01
Agreement No. PA 229
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
1, Each recipient whose contract equals or exceeds $25,000 in federal monies must sign this
debarment certification prior to contract execution, Independent auditors who audit federal
programs regardless of the dollar amount are required to sign a debarment certification
form. Neither the Department of Elder Affairs nor its contract recipients can contract with
recipients 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 determined that the signer knowingly rendered an
erroneous certification, the Federal Government may pursue available remedies, including
suspension and/or debarment.
3, The recipient shall provide immediate written notice to the contract manager at any time the
provider 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 Definitions and
Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of
Federal Regulations), Part 76, You may contact the contract manager for assistance in
obtaining a copy of those regulations,
5. The recipient further agrees by submitting this certification that, it shall not knowingly enter
into any subcontract 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 recipient further agrees by submitting this certification that it will require each
subrecipient of this contract whose payment will equal or exceed $25,000 in federal monies,
to submit a signed copy of this certification with each contract.
7. The Department of Elder Affairs and its contract recipients may rely upon a certification of
a recipient that is not debarred, suspended, ineligible, or voluntarily exclude from
contracting/subcontracting unless it knows that the certification is erroneous.
DOEA Form 1128
October 1993
22
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Agreement No, PA 229
Attachment III
Audit Attachment (Revised July 2001)
The administration of funds awarded by the Department of Elder Affairs to the Alliance and to any sub-recipient through
contracts with the Alliance may be subject to audits and/or monitoring as described in this section by the department,
and other authorized state personnel or federal personnel.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below),
monitoring procedures may include, but not be limited to, on-site visits by department staff, limited scope audits as
defined by OMS Circular A-133, as revised, and/or other procedures. Sy entering into this agreement, the recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the department.
In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees
to comply with any additional instructions provided by the department to the recipient regarding such audit. The recipient
further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by
the Comptroller, Auditor General or federal personnel.
OTHER REQUIREMENTS
If the recipient 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 Alliance with the signed contract.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in
OMS Circular A-133, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Federal funds awarded through the Alliance by this agreement, if any, are indicated in Section II. A. of
the contract(s) of which this document is an attachment. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Alliance.
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 recipient conducted by the Auditor General in
accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part.
2, In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMS Circular A-133, as revised, is not required, In the event that the recipient expends less
than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds.
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by Section 215.97, Florida Statutes.
1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to
the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10,600,
Rules of the Auditor General. State grants and aids amounts awarded through the Alliance by this agreement are
23
07/01 Agreement No. PA 229
indicated in Section II., A. of the contract(s) of which this agreement is an attachment. In determining the State
awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds
received from the Alliance, 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 recipient shall ensure that the audit
complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a reporting
package as defined by Section 215.97, Florida Statutes, and Chapter 10,600, 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,
The department additionally requires a supplemental schedule of functional expenses be prepared, by service,
as defined by the department, including units of service delivered. This supplemental schedule shall be prepared
using the same methodology as used in determining the contractual rates,
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,
3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, is not required, However, the head of the recipient entity
or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with
the allowable cost provisions (congruent with the department's Client Services Manual, the Comptroller's Voucher
Processing Handbook, and OMB Circular A-122 or A-87, if 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 witb these provisions,
In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from non-State funds.
PART III: REPORT SUBMISSION
1, Copies of audit reports 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 A-133, as revised,
by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later
than nine (9) months of recipient's fiscal year end:
A. The Alliance for Aging at the following address:
Alliance for Aging, Inc.
Attn.: Pedro Jove, Director of Administration
9500 South Dadeland Boulevard, Suite 400
Miami, FL 33156
B, The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number
of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, 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 (t),
OMB Circular A-133, as revised,
24
07/01 Agreement No, PA 229
2. Pursuant to Section ,320 (f), OMB Circular A-133, as revised, the recipient 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 Alliance at the following address within 45 days of receipt of the report but no later than
nine (9) months of recipient's fiscal year end:
Alliance for Aging, Inc,
Attn.: Pedro Jove, Director of Administration
9500 South Dadeland Boulevard, Suite 400
Miami, FL 33156
3, Copies of audits and reporting packages required by PART II of this attachment shall be submitted by or on
behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than
nine (9) months of recipient's fiscal year end:
A. The Alliance for Aging, Inc, at the following address:
Alliance for Aging, Inc.
Attention: Pedro Jove, Director of Administration
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 33156
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
4. Any reports, management letters, or other information required to be submitted to the Alliance pursuant to this
attachment shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter
10,600, Rules of the Auditor General, as applicable,
5, Recipients, when submitting the above referenced audit reports to the Alliance, should indicate the date that
the audit report was delivered to the recipient in correspondence accompanying the audit report,
PART IV: RECORD RETENTION
The recipient 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 Alliance in writing, and shall
allow the Alliance or authorized state or federal personnel access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Alliance or its designee, upon request, for a minimum period
of five (5) years from the date the audit report is issued, or longer if requested in writing by the department.
PART V: SPECIFIC REQUIREMENTS OF DEPARTMENT ADMINISTERED PROGRAMS
Interest earned on general revenue funds must be returned to the department. Interest earned on federal funds may be
used to expand, improve, or sustain the program from which it is generated. A chart is included in all contracts
identifying the funding source(s), program titles, applicable CFDA or CSFA numbers and the amount of funds granted.
Specific requirements for match, co-payments, and program income applicable to programs administered by the
department are outlined in the following applicability chart, Brief definitions of terms used in the chart are included,
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07/01
Agreement No. PA 229
Attachment III
EXHIBIT - 1
MANAGEMENT ATTESTATION LETTER
Contract or Agreement Number:
I,
, hereby attest under penalty of perjury
(recipient's authorized representative)
that
, based on the criteria
(recipient agency name)
set forth in the Audit Attachment, PARTS I and II, that the above named recipient agency is not required to provide an
audit report or reporting package because [check applicable statement(s)]:
D
the above-named entity does not expend $300,000 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;
D
the above-named entity does not expend a total amount equal to or in excess of $300,000 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,
By making this statement the recipient 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)
(Title)
(Date)
~p OVED AS TO FORM
). \ .', (' .',; r-:, ~ :\'~"":"Irl
. .... ,en.. .0 ,..EN
. :, .,: NNE A. U
tlA Tt: ' . ()
29
Attachment III
Exhibit - 2
Oath of Not for Profit Status
Contract or Agreement Number:
PA 229
As an authorized representative for the Recipient identified herein, and in the above
referenced document(s), , do hereby swear under oath that this entity is a political
subdivision of the State of Florida providing services which qualify for "not for profit"
(non-profit) status as defined in Section 501 (c)(3) of the 'nternal Revenue Code. If this
non-profit status changes for any reason during the life of the above referenced contract
or agreement, the Alliance for Aging will be notified in writing immediately.
Name of Recipient entity
Signature of Authorized Representative
G-HN(.Y;, rlWc.,0N~, MIHN<.
Printed Name and Title of Aut orlzed Representative
CS!AU
AlTeS1: DANNY L ICOI.HAGE
. I QERK
'Y-
DEPUTY CLERK
Date of Oath
07/01
Agreement No. PA 229
ATTACHMENT IV
MINIMUM GUIDELINES FOR CONSUMER GRIEVANCE PROCEDURES
APPLICABLE TO ALL ADVERSE ACTIONS. DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE
Medicaid Waiver consumers 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 CONSUMER OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE
GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION
. The consumer 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 rev,iew is requested, and will
continue until 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 WRITTEN REQUEST FOR REVIEW
· Within 7 calendar* days of the receipt of a request for review, the recipient 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 of the action in question.
· 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;
31
07/01
Agreement No. PA 229
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 himself/herself 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 AGING
. 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 argument, 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 lJntil 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 determination 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 final 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, Sunday, or legal holiday, in which event the period shall run until the end of
the next day which is neither a Saturday, Sunday, or legal holiday.
32
07/01
Agreement No. PA 229
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
ATTACHMENT V
Federal Grants Management regulations and the Florida Single Audit Act require financial management systems
for recipients of state and federal funds to be capable of providing certain information, assuring accuracy and
accountability, in accordance with prescribed reporting requirements, These reporting requirements may require
certain calculations or the provision of specified data to fully disclose the financial results of each federally funded
or state-:sponsored program.
To ensure the integrity of the State's accounting systems are not compromised, the following language was
composed to protect the interests of the State and the elderly population of Florida who rely on the programs in
place to assist them in preserving the quality and duration of their lives.
The undersigned, an authorized representative of the recipient named in the contract or agreement to which this
form is an attachment, hereby certifies that:
(1) The recipient and any sub-recipients of services under this contract have financial management systems
capable of providing certain information, including: (1) accurate, current, and complete disclosure of the
financial results of each grant-funded project or program in accordance with the prescribed reporting
requirements; (2) the source and application of funds for all contract supported activities; and (3) the
comparison of outlays with budgeted amounts for each award, The inability to process information in
accordance with these requirements could result in a return of grant funds that have not been accounted
for properly,
(2~ Management Information Systems used by the recipient, sub-recipient(s), or any outside entity on which
the recipient 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, recipient(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 recipient (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 recipient 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 recipient and any sub-recipient(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 recipient shall require that the language of this certification be included in all subcontracts, subgrants, and
other agreements and that all sub-contractors shall certify compliance 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 Department of Management Services (OMS) Memorandum No.6 (98-99) and OMS Circulars A-1 02
and A-110.
Florida 33040
DATE
07/01
May 24, 2001
Agreement No, PA 229
Attachment .Jl.L
Department of Elder Affairs Logos
STATE OF FLORIDA
~
- -
'- -'
ELDER AFFAIRS
DEPARTMENT OF
Gema G. Hernandez, D.P.A.
Secretary
~~~~~
ELDER AFFAIRS
DEPARTMENT OF
.~iif(~~:
ELDER AFFAIRS
Gema G. Hernandez. D,P,A.
Secretary
Gema G. Hernandez, D.P.A.
Secretary
34
07/01
July 2001
Alliance fo-r Aging, Inc. Logo
(A~
W
A lliance for Aging, Inc.
Answers on Aging.
35
Agreement No. PA 229
Attachment VII