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ALLIANCE FOR AGING, INC.
Area Agency on Aging for Miami-Dade and Monroe Counties
MASTER AGREEMENT
TIDS MASTER AGREEMENT is entered into between the Alliance for Aging, hereinafter referred to as
the "Alliance", and Monroe County Board of Commissioners, hereinafter referred to as the "provider".
All contracts executed between the provider 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 ~een tti pro.'lider and
the Alliance during the effective period of this agreement will incorporate this agr~ b~efj;nce and
shall be governed in accordance with the laws, statutes, and other conditions set forth~ a~e~t.
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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 Monroe County Board of Commissioners. which
includes, but is not limited to, the following programs:
. Older Americans Act (OAA)
· Community Care for the Elderly (CCE)
· Medicaid Waiver (MW) .
. Home. Care for the Elderly (HCE)
. Alzheimer's Disease Initiative (ADI)
Vnited States Department of
Agriculture Meals (USDA)
B. Federal Laws and Regulations:
1. The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and
other applicable regulations.
2. The provider shall comply with all applicable standards, orders, or regulations issued under
Section 306 of the Clean Air Act, as amended (42 V.S.C. 1857(h) et seq.), Section 508 of the
Clean Water Act, as amended (33 V.S.C. 1368 et seq.), Executive Order 11738, and
Environmental Protection Agency regulation (40 CFR Part 15). The provider shall report any
violations of the above to the Alliance.
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3. The provider 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 provider must, prior to execution of this agreement, complete the Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts,
ATTACHMENT n.
5. The provider 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 provider 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 from federal financial assistance.
The provider 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.
The Provider 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 fmancial 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 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
benefiting 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 benefiting 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 benefiting from federal
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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 provider shall establish procedures to handle complaints of discrimination involving services
or benefIts through this contract. The provider shall advise clients, employees, 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 Director of the
Alliance or the appropriate federal or state agency.
9. The provider further assures all 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 provider 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.
2. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes.
3. To provide units of deliverables, including reports, fmdings, and drafts as specifIed in the
contracts, the contract attachments, and the area plan, to be received and accepted by the contract
manager prior to payment.
4. To allow public access to all documentss papers, letters, or other materials subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction
with any and all contracts referencing this agreement.
E.' Withholdings and Other Benefits:
The Provider is responsible for Social Security and Income Tax withholdings.
F. Indemnification:
. If the provider is a state or local governmeIDl entity, pursuant to subsection 768.28(18) Florida
Statutes, the provisions of this section do not apply.
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1. Provider agrees it will indemnify, defend, and hold harmless the' Alliance and all of the
Alliance's officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any acts, actions, neglect or omission by the provider, its agents,
employees, or subcontractors 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
Alliance or said parties may be subject, except neither provider nor any of its subcontractors 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 Alliance or any of its officers, agents,
or employees.
2. Provider's obligation to indemnify, defend, and pay for the defense or, at the Alliance's option,
to participate and associate with the Alliance in the defense and trial of any claim and any related
'settlement negotiations, shall be triggered by the Alliance t s notice of claim for indemnification to
provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse
, provider's duty to defend and indemnify the Alliance, upon notice by the Alliance. Notice shall
'be given by registered or certified mail, return receipt requested. Only an adjudication or
judgment after the highest appeal is exhausted specifically fmding the Alliance solely negligent
shall excuse performance of this provision by providers. Provider shall pay all costs and fees
related to this obli~ation and its enforcement by the Alliance. Alliance's failure to notify provider
of a claim shall not release provider of the above duty to defend.
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 provider accepts full responsibility for identifying and
determining the type(s) and extent of liability insurance necessary to provide reasonable financial
protections for the provider and the clients to be served under contracts incorporating this
agreement by reference. Upon execution of each contract covered under this agreement, the
provider 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 Alliance reserves
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 provider 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 provider is a state agency or subdivision as defmed by section 768.28, Florida Statutes, the
provider shall furnish the Alliance, upon request, written verification of liability protection in
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accordance with section 768.28, Florida Statutes. Nothing herein sluill 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 provider who knows, or has reasonable
cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or
exploited, shall immediately report such knowledge or suspicion to the State of Florida's central
abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE).
I. Transportation Disadvantaged:
If clients are to be transported under any contracts incorporating this agreement, the provider will
comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida
Adininistrative Code.
J. Purchasing:
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.
K. Sponsorship:
As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental organization
which sponsors a program fmanced 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 Alliance for Aging, Inc. and
the State of Florida, Department of Elder Affairs". If the sponsorship reference is in written
material the words "Alliance for Aging and the State of Florida, Department of Elder Affairs" shall
appear in the same size letters and type as the name of the organization.
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.
N. Employment
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If the provider is a non-governmental organization, it is expressly understood and agreed the
provider 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(lNA), 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.
O. Audits and Records:
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,
as well as 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 assure, through contractual provision in their
subcontracts with direct service providers, program specific data is recorded and submitted in
accordance with Department of Elder Affairs Client Information Registration and Tracking
System (CIRTS) Policy Guidelines.
5. To provide a fmancial and compliance audit to the Alliance as specified in ATTACHMENT III
and to ensure all related party transactions are disclosed to the auditor.
6. To include these aforementioned audit and record keeping requirements m all approved
subcontracts and assignments.
P.' 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 flDdings.
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2. Persons duly authorized by the Alliance and 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.
Q. Monitoring and Incident Reporting:
1. To provide progress reports, including data reporting requirements as specified by the Alliance.
These reports will be used for monitoring progress or performance of the contractual services as
specified in the area plan.
2. Area agencies will perform the required administrative monitoring of service providers in
accordance with the Alliance's unit rate contract monitoring checklist.
3. To permit persons duly authorized by the Alliance to inspect any records, papers, documents,
, facilities, goods and services of the provider which are relevant to contracts incorporating this
"agreement by reference, and/or interview any clients and employees of the provider to be assured
of satisfactory performance of the terms and conditions of the contract(s). Following such
inspection the Alliance will deliver to the provider a list of its concerns with regard to the manner
in which said goods or services are being provided. The provider will rectify all noted
deficiencies provided by the Alliance within the time set forth by the Alliance, or provide the
Alliance with a reasonable and acceptable justification for the provider's failure to correct the
noted shortcomings. The Alliance shall determine whether such failure is reasonable and
acceptable. The provider's failure to correct or justify within a reasonable time as specified by
the Alliance may result in the withholding of payments, being deemed in breach or default, or
termination of any or all contracts covered under this agreement.
4. The provider will notify the Alliance within 24 hours of conditions related to subcontractor
performance that could impair continued service delivery. Reportable conditions may include:
* proposed client terminations
* provider fmancial concerns/difficulties
* service documentation problems
* contract non-compliance
* service quality and consumer complaint trends.
Providers will provide the Alliance with a brief summary of the problem(s) and proposed
corrective action plans and timeframes for implementation.
R. Safeguarding Information:
Except as provided for Alliance auditing and monitoring purposes, not to use or disclose any
'information concerning a recipient of 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 recipient, or the recipient's authorized
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representative.
S. Assignments and Subcontracts:
1. Alliance's approval of the Service Provider Application shall constitute Alliance approval of the
provider subcontracts if the subcontracts follow the service and funding information identified in
the Service Provider Application. The provider must submit all contracts for services under the
Service Provider Application to the Alliance for prior approval when the proposed subcontractor
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 and to any conditions of approval the
Alliance shall deem necessary. '
2. Unless otherwise stated in the contract(s) covered by this agreement between the provider and
subcontractor, payments made by the provider to the subcontractor must be within seven (7)
working days after receipt by the provider of full or partial payments from the Alliance in
accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days
will result in a penalty charged against the provider and paid to the subcontractor 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.
T. 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 provider by the Alliance.
a. The provider shall return any overpayment to the Alliance within forty (40) calendar days
after either discovery by the provider, or notification by the Alliance, of the overpayment.
b. In the event the provider or its independent auditor discovers an overpayment has been made,
the provider 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 provider by letter of such a fmding.
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.
II. The Alliance Agrees:
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A. Contract Payment:
Unless otherwise stated in the contract between the Alliance and the provider, payments made by the
Alliance to the provider 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 provider 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. Provider and Alliance Mutually Agree:
A. Effective Date
1. This agreement shall begin on July 1. 1999 or on the date on which the agreement has been
signed by both parties, whichever is later, and shall end on June 30. 2000.
2. All contracts executed between the Alliance and the Provider 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
This agreement may be 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 .
2. Termination Because of Lack of Funds
In the event funds to fmance 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 provider. 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
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availability of funds.
3. Termination for Breach
Unless the provider's breach is waived by the Alliance in writing, or the provider fails to cure the
breach within the time specified by the Alliance, the Alliance may, by written notice to the
provider, 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 Alliance 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 Alliance's right to remedies
at law or to damages.
C. Suspension:
1. Reasonable Cause
The Alliance may', for reasonable cause, temporarily suspend the use of funds by a provider
pending corrective action, or pending a decision of terminating a contract executed in accord with
this agreement. Reasonable cause is such cause as would compel a reasonable person to suspend
the use of funds pursuant to any contract(s) executed in accord with this agreement; it includes,
but is not limited to, the provider's failure to permit inspection of records, provide reports,
rectify deficiencies noted by the Alliance within the time specified by the Alliance, use funds as
agreed in the contract(s), or such other cause as might constitute breach of any of the terms of any
and all contracts incorporating this agreement by reference.
2. The Alliance may prohibit the provider from receiving further payments and may prohibit the
provider from incurring additional obligations of funds. The suspension may apply to any part,
or to all of the provider's obligations.
3. To suspend operations of the provider, the Alliance will notify the provider in writing by certified
mail of: the action taken; the reason(s) for such action; and the conditions of the suspension.
The notification will also indicate: corrective actions necessary to remove the suspension; the
provider's right to an administrative hearing; and, the appropriate time period to request an
administrative hearing before the effective date of the suspension (unless provider actions warrant
an immediate suspension).
D. Notice and Contact:
1. The name, address and telephone number of the Alliance for this agreement is:
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John L. Stokesbeny
Executive Director
Alliance for A2in2~ Inc.
9500 S. Dadeland Boulevard. Suite 400
Miami~ Florida 33156
(305) 670-6500
2. The name, address and telephone number of the provider of the program under this agreement is:
Monroe County Board of Commissioners
5100 College Road - Wing III
Key West, FL 33040
(305) 292-4420
3. The name of the contact person, street address and telephone number where fmancial and
administrative records are maintained:
Louis LaTorre
5100 College Road - Wing III
Key West, FL 33040
(305) 292-4420
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 Alliance's operating budget.
F. Special Provisions:
1. Property
a. Nonexpendable property is defmed as tangible property of a nonconsumable nature with an
acquisition cost of $500 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
$100. 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.
b. All property, purchased under contracts covered by this agreement or purchased by the
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Alliance and received by the provider shall be listed on the property records of the provider.
Said listing shall include a description af the property. model number, manufacturer's serial
number, funding source, information needed to calculate the federal and/state share, date of
acquisition, unit cost, property inventory number and information on the location, use and
condition, transfer, replacement or disposition of the property.
c. All purchased property shall be inventoried annually. An inventory report will be submitted
to the Alliance upon request by the Alliance.
d. Title (ownership) to all property acquired with funds from any contracts covered by this
agreement or otherwise purchased by the provider shall be vested in the Alliance upon
completion or termination of the contr3ct(s).
e. At no time shall the provider dispose of nonexpendable property except with the permission
of, and in accordance with instructions from the Alliance.
f. 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.
g. Information Technology Resources
The provider must adhere to the Alliance's 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
$500.00 or more, including data processing hardware, software, services, supplies,
maintenance, training, personnel and mcilities. The provider agrees to secure prior written
approval through the contract manager from the Alliance's Information Systems director for
the purchase of any ITR. The provider will not be reimbursed for any purchases made prior
to this written approval on the ITR wOItsheet. The provider has the responsibility to require
their subcontractors comply with the Alliance's ITR procedures.
2. Copyright Clause
a. Where activities supported by any comaract(s) incorporating this agreement by reference
produce original writing, sound recor<liD!s, pictorial reproductions, drawings or other graphic
representation and works of any similar nature, the Alliance has the right to use, duplicate and
disclose such materials in whole or pan, in any manner, for any purpose whatsoever and to
have others acting on behalf of the AlliaIJI:e do so.
b. 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 Dr the State of Florida, Department of State, for the
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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.
3. Grievance and Appeal Procedures
a. In accordance with ATTACHMENT N , Minimum Guidelines for Recipient Grievance
Procedures, the provider will assure through contractual provisions that service provider
agencies have procedures for handling complaints from recipients who complain service has
been denied, terminated or reduced.
b. The provider 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.
4., Investigation of Allegations
Any report that implies criminal intent on the part of this provider or any service provider agency
and referred to the state attorney must be sent to the Alliance. The provider must investigate
allegations regarding falsification of client information, service records, payment requests, and
other related information.
5. Disaster
a. 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.
b. 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.
c. In either of these cases, only the Secretary, Deputy Secretary or hislher 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.
6. Volunteers
The provider will promote the use of volunteers as prescribed in Section 306(a)(12), Older
Americans Act and Section 430.07, Florida Statutes. In addition, the provider will increase the
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use of volunteers in their service area by providing training, technical assistance and funding,
where possible.
7. Business Hours
Area agencies must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily,
Monday through Friday.
8. Client Information and Registration Tracking System (CIRTS) and Management Information
Systems.
For all program contracts incorporating this agreement by reference for which collection of client
'data in CIRTS is required:
, a. The Alliance shall employ a Local Area Network (LAN) Administrator who shall assure
Alliance 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.
b. The Alliance and Provider will ensure the collection and maintenance of client and service
information on a monthly basis from the Client Information and Registration Tracking System
(CIRTS). Maintenance includes valid exports and backups of all data and systems according to
department standards.
c. Service provider agencies must enter all required data per the department's CIRTS Policy
Guidelines for clients and services in the CIRTS database. The data must be entered into the
CIRTS before the service provider agencies submit their request for payment and expenditure
reports to the area agency. The Alliance shall establish time frames to assure compliance with
due dates for the requests for payment and expenditure reports to the Alliance.
d. Service provider agencies will run moDlhly CIRTS reports and verify client 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
service provider's request for payment and expenditure reports can be approved by the
Alliance.
e. Failure to ensure the collection and maintenance of the CIRTS data may result in the Alliance
enacting the "Suspension" clause of this agreement (see Section m, C.).
f. Computer System Backup and Recovery
As defined in Chapter 44-4.070, Florida. Administrative Code, each area agency on aging,
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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.
9. Client Outcomes
a. The Alliance and Provider will develop client outcome measures consistent with those
developed by the department and the Alliance, including the following:
*
*
*
*
*
*
*
*
*
Elders will live in the least restrictive and most appropriate setting
Services will be provided to those elders most in need
Frail elder functional status is maintained or improved
Long-term care resources are efficiently and effectively used
Client environment is maintained or improved
Social interaction is improved
Nutritional risk is reduced
Caregiver emotional and physical health are maintained or improved
Elders, fainilies and/or caregivers are better informed so elders are better able to exercise
autonomy and make informed choices
b. In preparation for performance-based program budgeting, the Alliance will set targets for the
performance of outcome measures. These targets will be amended into
contracts. The provider will be responsible for achieving these targets.
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IN WITNESS THEREOF, the parties hereto have caused this~ page contract to be executed by their
undersigned officials as duly authorized.
PROVIDER: MONROE COUNTY BOARD
OF COMMISSIONERS
ALLIANCE FOR AGING, INC.
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGNED .... -_" ". _ ~ ___"':_ ~ ~ !\\~.->,-~ SIGNED 0"\ _
BY: \...l._~"""""""~- \.. BY:-=:RC\.'n\tt'f\O\ ~\lD~OM
NAME: 1.1 )., \\''lP I rn~ no. tfn.rl/()~
TITLE: M rL.t.1n-V-
NAME: RAMONA FRISCHMAN, EdD
TITLE: BOARD PRESIDENT
7 -.;1.- I-ci CJ
DATE: '6/ ~ (q q
DATE:
FEDERAL ID NUMBER: 59-6000749
PROVIDER FISCAL YEAR END DATE: September 30
~.
(SEAl) . . , "
ATTEST: DANNY l. KOlHAGE, aERK
B~~9. AJU)<la~
~PtfrY CLERK
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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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients 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
such failure.
-.... .. ...... . .~~'\- . ,;,..~-'-\..--
~., ,_ \\''-'~-.,----l-' \
7-.;J..i- 99
Signature
Date
l... )~\ h9lm;Y\l\,-+b...l)~. ~)-
Name of Authorized Individual
! KH972 KG971 KG997
[SbDlication or Contract Number
c~~ L KOtHAGE, ClERK _ _
tv '. ~C.&la~
OTY CLERK
Monroe County Board of Commissioners
5100 Colleee Road - Wine III
Kev West. FL 33040
Name and Address of Organization
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ATTACHMENT II
CERTIFICATION REGARDING
DEBARMENT. SUSPENSION. INELIGffiILITY 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 provider 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 Alliance for Aging by any federal department or agency.
(2) Where the prospective provider is unable to certify to any of the statements in this certification, such
prospective provider sliall attach an explanation to this certification.
Signature
Date
(SeAL)
ArreST: DANNY L l(OLHAGE, QERK
BY
DEPUTY CLERK
1'1 C')nr~~J ~u~
Name Of Organization
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DOEA Form 112A
October 1993
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CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGmlLITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS.
1. Each provider 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 Alliance for
Aging nor its contract providers can contract with providers 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 signed knowingly rendered an erroneous certification,
the Federal Government may pursue available remedies, including suspension and/or debarment.
3. The provider shall provide immediate written notice to the contract manager at any time the provider
leanis 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 provider 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 provider further agrees by submitting this certification that it will require each subcontractor 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 Alliance for Aging and its contract providers may rely upon a certification of a provider that is
not debarred, suspended, ineligible, or voluntarily exclude from contracting/subcontracting unless it
knows that the certification is erroneous.
DOEA Forni 112B
October 1993
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AUDIT ATTACHMENT
The administration of funds awarded by the Alliance for Aging to the provider may be subject to audits
and/or monitoring by the Alliance as described in this section.
In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised (see "AUDITS"
below), monitoring procedures may include, but not be limited to, on-site visits by Alliance staff, limited scope
audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this
agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Alliance for Aging. In the event the Alliance for Aging determines that a limited scope
audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by
the Alliance to the provider regarding such audit.
AUDITS
PART I: FEDERALLY FUNDED
This part is - applicable if the provider 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 provider expends $300,000 or more in Federal awards in its fiscal year, the provider
must have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Federal
funds awarded through the Alliance for Aging by this agreement, if any, are indicated in Section II. A. of the
contract(s) incorporating by reference the Master Agreement of which this document is an attachment. In
determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal
awards, including Federal funds received from the Alliance for Aging. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133,
as revised. The provider is responsible for the procurement of an independent auditor to conduct the audit
required by this part. The provider is required to follow the auditor procurement standards specified in
Section .305, OMS Circular A-133, as revised. An audit of the provider conducted by the Auditor General
in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in paragraph 1., the provider shall fulfill the
requirements relative to auditee responsibilities, financial statements, audit findings follow-up, and report
submission as provided in Sections .300, .310, .315, and .320 of OMS Circular A-133, as revised. This
includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal
awards, a summary schedule of prior audit findings, and a corrective action plan.
,3. If not otherwise disclosed as required by Section .310 (b)(2) of OMB Circular A-133, as revised, the
schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract
with the Alliance for Aging in effect during the audit period.
4. If the provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
provider 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
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be paid from non-Federal and non-State funds (Le., the cost of such an audit must be paid from provider
funds obtained from other than Federal/State entities).
PART II: STATE GRANTS AND AIDS
1 . This part is applicable if the provider is a local government or a non-profit or for profit organization as
defined in Chapter 10.600, Rules of the Auditor General.
2. In the event that the provider receives more than $25,000 in State grants and aids in its fiscal year, the
provider must have a limited scope audit conducted in accordance with Section 216.349, Florida Statutes,
and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the
Alliance for Aging by this agreement are indicated in Section II. A of the contract(s) of which this agreement
is an attachment. In determining the grants and aids received in its fiscal year, the recipient shall consider
aggregate, grants and aids received directly from State agencies, including grants and aids funds received
from the Alliance for Aging.
The audit report must 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. EXHIBITS 1, 2, and 3 to this agreement provide examples of these
reports/schedule.
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)
. reporting
In the event that the provider receives State grants and aids totaling $25,000 or less in its fiscal year, the
head of the provider entity or organization must provide a written attestation under penalty of perjury, that
the provider has complied with the allowable cost provisions (or other applicable provisions) of the State
grants and aids contract. EXHIBIT 4 to this agreement provides an example attestation document that
should be used by the agency head to attest to compliance with grants and aids provisions.
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 agreement shall be submitted, when required by Section .320 (d), OMB Circular
A-133, as revised, or when required by number 2 below, by or on behalf of the provider directlv to each of
the following within 180 days after the end of the provider's fiscal year:
A. ' The Alliance for Aging at the following address:
Alliance for Aging, Inc.
A TTN: Director of Administration
9500 S. Dadeland Boulevard, Suite 400
Miami, Florida 33156
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B. Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1 201 East 10th Street
Jeffersonville, IN 47132
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:
A. Alliance for Aging, Inc.
ATTN: Director of Administration
9500 S. Dadeland Boulevard, Suite 400
Miami', Florida 331 56
3. Copies of reports required by PART II of this agreement, and management letters prepared in conducting
audits related to State grants and aids audits required by PART II of this agreement, shall be submitted by or
on behalf of the provider directlv to each of the following within 180 days after the end of the provider's
fiscal year:
A. The Alliance for Aging at the following address:
Alliance for Aging, Inc.
A TTN: Director of Administration
9500 S. Dadeland Boulevard, Suite 400
Miami, Florida 33156
B. Mr. James M. Dwyer at the following address:
Mr. James M. Dwyer
State of Florida Auditor General
P. O. Box 1735
Tallahassee, Florida 32302-1735
,PART IV: AUDIT WORKING PAPERS
1 . The provider shall ensure that audit working papers are made available to the Alliance for Aging or its
designee, upon request, for a period of five (5) years from the date the audit report is issued, unless
extended in writing by the Alliance for Aging.
EXHIBIT - 1
INDEPENDENT AUDITOR'S REPORT ON
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EXAMINATION OF MANAGEMENT'S ASSERTION
ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS
(SAS Codification Section AT 500.55)
[Date]
Dear [Name]:
We have examined management's assertion' about [name of entity]'s compliance with the allowable
cost requirements [ or other applicable requirements] established in the grant agreement( s)
applicable to the State grants and aids appropriations identified on Schedule of State Financial
Assistance for the year ended [indicate the applicable fiscal year] included in the accompanying
[title of management report]. * Management is responsible for [name of entity]'s compliance with
those requirements. Our responsibility is to express an opinion on management's assertion about
the [name of entity]'s compliance with specified requirements.
Our examination was made in accordance with attestation standards established by the American
Institute of Certified Public Accountants and, accordingly, included examining, on a test basis,
evidence about [name of entity]'s compliance with those requirements and performing such other
proGedures as we considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a legal
determination on [name of entity]'s compliance with specified requirements.
In our opinion, management's assertion (identify management's assertion - for example, that
complied with the aforementioned requirements during the fiscal year
ended 1 is fairly stated, in all material respects.3
Sincerely,
Notes:
I. If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to SAS Codification Sections AT
500.56 and .57.
2. The practitioner should identify the management assertion report examined by reference to the report title used by management in its report
Further, he or she should use the same description of the compliance requirements as management uses in its report
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3. Specific compliance requirements, and related criteria (if applicable) will be specified and/or referred to in the grant agreement. As such, it
should not be necessary to repeat the compliance requirements, and related criteria (if applicable) in the practitioner's report. Instances of
noncompliance should be reported in the manner prescribed in SAS Codification Sections AT 500.61 through .68.
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EXHIBIT - 2
MANAGEMENT ASSERTION REPORT
I,
, hereby assert that,
(Provider's authorized representative)
(Provider Agency name)
complied with allowable cost requirements
[or other applicable requirements] of the grants and aids appropriations identified on the attached
Schedule of State Financial Assistance during the fiscal year ended
(Month, day, year)
(Signature)
(!'itle)
(Date)
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If this assertion report is used, one copy shall be submitted after the provider's fiscal year end to each of the
parties designated in the contracts/grants for the identified grants and aids appropriations.
This statement does not need to be notarized.
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EXHmIT - 3
Sample Organization
Schedule of State Financial Assistance
For the year ended
State Agency State Federal State Receipts Federal Through Total Receipts
And Program Contract! CFDA State Receipts
Title Grant Number Number
(NOTE A)
Department of
Health
Head Start ' GH501 93.600 50,000 (1) 50,000 (1) 100,000
Women, Infant AB101 93.245 100,000 (1) 150,000 250,000
& Children
Department of
Elder Affairs
Community Care GC501 N/A 200,000 (1) 0 200,000
for the Elderly
Elder Care GC601 93.003 60,000 60,000 120,000
Total 410,000 410,000 (2) 820,000 (1)
(1) State Grants and Aids appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is
$550,000.
(2) $390,000 of this amount is included in the expenditures presented in the Schedule of Expenditures of Federal
Awards, The remaining $20,000 was received under contract number GC601 but was not expended.
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NOTE A:
Federal CFDA numbers apply only to Federal programs.
CAUTION: The purpose of this schedule is format illustration only. The contract or grant numbers, CFDA numbers
and program titles are not intended to represent actual data.
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EXHIBIT - 4
ATTESTATION STATEMENT
CONTRACT/ GRANT NUMBER(S)
I,
(Head of provider agency)
, hereby attest, under penalty of perjury, that,
(Name of provider agency)
. complied with allowable cost
requirements [or other applicable requirements] of the grants and aids appropriations contracts! grants
identified above during the fiscal year ended
(Month. day, year)
(Signature)
(I'itle)
(pate) ,
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One copy of this attestation statement shall be submitted after the provider's fiscal year end to each of the
parties designated in the contracts/ grants for the identified grants and aids appropriations.
This statement does not need to be notarized.
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MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES
APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR
REDUCTIONS IN SERVICE
Medicaid Waiver clients have the right to request afair hearing.ftom the Department of Children and Families (DCAF)
Office of Appeal Hearings in addition to or as an alternative to these procedures.
NOTICE TO THE RECIPIENT OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE
GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION
.
The recipient must be informed 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, terminated nor any adverse action taken during the 10 day period.
The Notice must contain:
a statement of what action is intended to be taken;
the reasons for the intended action;
an explanation of:
1) the individual's right to, a grievance review if requested in writing and delivered within 10
calendar. days of the Notice postmark (assistance in writing, submitting and delivering the request
must be offered and available to the individual);
2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF;
3) the individual's right, after a grievance review, for further appeal;
4) the right to seek redress through the courts if applicable;
a statement that current benefits will continue if a grievance review is requested, and will continue until a
final decision is made regarding the adverse action; and
a statement that the individual may represent 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 provider must acknowledge receipt of the request by
a written statement delivered to the requester. This statement must also provide notice of:
the time and place scheduled for the review;
the designation of one or more impartial reviewers who have not been involved in the decision at
issue;
the opportunity to examine, at a reasonable time before the review, the individual's own case
record, and to a copy of such case recont 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;
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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
of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, iffavorable, or the circumstances regarding
continuation of current benefits until ail appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging
by written request within 7 calendar. days;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate
agency;
the opportunity to be represented by herself or by legal counsel, a relative, a friend or other
qualified representative.
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 until all appeals are exhausted.
All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial
AAA officials who have not been directly involved in the initial 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 of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding
continuation of current benefits until ail 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 ofthe above activities must be preserved and remain confidential. A copy of the final decision must be
,placed in the client's file.
.
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· 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 ofthe
next day which is neither a Saturday, Sunday, or legal holiday.
ATTACHMENT IV