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Resolution 053-1990 /' RESOLUTION NO. 053 -1990 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE CONTRACT AGREEMENT BETWEEN THE MONROE COUNTY BOARD OF COMMISSIONERS AND THE ALLIANCE FOR AGING, CONCERNING THE 1990 OLDER AMERICAN ACT FUNDING. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to approve the contract agreement between the Monroe County Board of Commissioners and the Alliance for Aging, concerning the 1990 Older American Act Funding, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this J#tI day of \....)/liflMlr-j-, 1990, A.D. BOARD OF COUNTY COMMISSIONERS OF ~ZUNTY' E'~Q~!E~, By Ma~~ I (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~~i&'~ APPROVED AS TO FORM AND LEfjJ SrFICIENCY. By J< ~ Attorney's Office UNOW O~: l d DE NVr 06. -:;..--j l,~ ~! ::~ ) ~j of. . . 7 f<G-950 S TAN D A R D CON T RAe T THIS CONTRACT is entered into between the Alliance for Aging, Inc. herein referred to as the Alliance, and Monroe County Board of COJTD11issioners hel-einafter referred to as the "provider". .~ , The parties agree: ii ~ ~ I . The Provider Agrees: A. To provide services according to the conditions specified In Attachment I. " .i oj B. Federal Laws and Regulations 1. If this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and other applicable regulations as specified in Attachment I. ~ (. ~-'" " i ~ .j . ., ~ 1 -, -, 'J t ~~ !J1 ;, .~ 1 .) ~ ,I 'I' ,1 ~ :. 2. If this contract contains federal funds and IS over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended (42 USC 1857 et seq.) and the Water Pollution Control Act, as amended (33 USC 1368 et seq.). C. Audits and Records 1. To maintain books, records, and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Alliance under this contract. 2. To assure that these records shall be subject at all times to inspection, review, or audit by state personnel and other personnel duly authorized by the Alliance, as well as by federal personnel. 3. To maintain and file with the Alliance such progress, fiscal, inventory, and other reports as the Alliance may require within the period of this contract. 4. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 5.' To provide a financial and compliance audit to the Alliance as specified in Attachment II. Additional audit requirements are specified in Special Provisions, Attachment, I. Section D. ..I '::':'_ :c.. . ,~' ,1 " ,~ , '. '.c: ~ :; , .~ ,j 1 " . '."j -' , , ,.': .~ 1 ; , ,? i :1 j .~~ i ~ ~ I 1 j , " I I I "-=-- D. Retention of Records 1. To retain all financial records, supporting documents, statistical records, and any other documents pertinent to, this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings.' 2. Persons duly authorized by the Alliance auditors, pursuant to 45 CFR, Part 74.24(a),(b),and have full access to and the right to examine any of and documents during said retention period. and federal ( d ), sh all said records E. Monitoring 1. To provide progress reports, including data reporting requirements as specified in Attachment I. These reports will be used for monitoring progress or performance of the contractual services as specified in Attachment I. 2. To provide access to, or to furnish whatever information is necessary to effect this monitoring. 3. To permit the Alliance to monitor the aforementioned service program operated by the provider or subcontractor or assignee according to applicable regulations of the state and federal governments. Said monitoring will include access to all client records. F. Indemnification To be liable for, and to indemnify, defend, and hold the Alliance harmless, to the extent allowed by law, from all claims, suits, judgments, or damages, including court costs and attorneys' fees, arising out of the negligent acts or omissions of the provider in the course of the operation of this contract. Nothing herein is intended to serve as a waiver of sovereign immunity by any provider to which sovereign immunity may be ap~licable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. G. Insurance To provide adequate liability insurance coverage on a comprehensive basis at all times during the existence of this contract. Upon the execution of this contract, the provider shall furnish the Alliance written verification of the existence of such insurance coverage. If the provider is a county or municipality, the provider shall furnish the Alliance written verification of liability coverage in accordance with Section 768.28(5), Florida Statutes. 2 i ,~ ;.; o /' " , .' . ~l , ! ~J ~ ~i ./ -~ .i . ! f ~ ~~ ~ j i I ~ ~ I I I ! ::.., H. Safeguarding Information Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in coryformity with the state regulations and federal regulations (45 CFR, Part 205.50) except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Client Information To submit management, program, and client identifiable data, as specified by the Alliance in Attachment I to the Department of HRS for inclusion in the HRS Client Information System. J. Assignments and Subcontracts To neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the Alliance. 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 this contract. All such assignments or subcontracts shall be subject to the conditions of this contract (except Section I, Paragraph 0) and to any conditions of approval that the Alliance shall deem necessary. K. Financial Reports To provide financial reports to the Alliance as specified in Attachment I. L. Return of Funds To return to the Alliance any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the Alliance. The provider shall return any overpayment to the Alliance upon discovery of the overpayment. In the event that the Alliance first discovers an overpayment has been made, the Alliance will notify the provider by letter of such a finding. 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 after forty-five (45) days. Days will be counted beginning with the day the amount was booked as a receivable by the Alliance. M. Unusual Incident Reporting If services to clients will be provided under this contract, the provider and any subcontractors shall report to the Alliance unusual incidents in ~ manner prescribed in HRSR 0-10-1. 3 N. Transportation Disadvantaged If clients will be transported under this contract, the provider will subcontract with the designated Coordinated Co~munity Transportation Provider, in accordance with the local Memorandum of Agreement, or otherwise comply with the provisions of Chapter 427, Florida Statutes. The provider shall submit to the Alliance the reports required pursuant to Volume 10, Chapter 27, HRS Accounting Procedures Manual. ~, 'j O. Purchas i ng It is expressly understood and agreed that any articles which are the subject of, or are required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Section 946.515(2},(4}, Florida Statutes. For purposes of this contract, the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with PRIDE. This clause is not applicable to any subcontractor, unless otherwise required by law. P. 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, HRS Forms 946 A and B, if so requested by the department. The provider assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as 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 )' : :'__ ;:a. -~ ",;' ~ J { ') J 1 ~ '~ , .~ > < .1 - ~ , ",< , ~ --:1 ~ 'J. 0, . .~ A . ~,~ '1 -j '~ > ';.I.'~.'. , ':: 'i ....~ ~..-I...'..? ',~ ,. 5 ~. , - { f ~ , i s"; 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. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines, and standards lawfully adopted under the above statutes. The provider agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the provider, its successors, transferees, and assignees for the period during which such assistance is provided. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the provider understands that the Grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. Q. Requirements of Section 287.058. Florida Statutes 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. 2. Where applicable, to submit bills for any travel expenses in accordance with Section 112.061, Florida Statutes. The Alliance may establish rates lower than the maximum provided in Section 112.061. 3. To provide units of deliverables, including reports, findings, and drafts as specified in ATTACHMENT I, to be received and accepted by the contract manager prior to payment. 4. To comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Section III, Paragraph A.2 of this contract. 5. To Allow public access to all documents, papers, letters, or q'ther materials subject to the provisions of Chapter 119. Florida Statutes, and made or received by the provider in conjunction with this contract. It is expressly understood that substantial evidence of the provider's refusal to comply with this provision shall constitute a breach of contract. 5 1:- ;- ::1 'j ~\ ',' I ? R. Withholding and Other Benefits 1. The provider is responsible for Social Security and Income Tax withholdings. 2. The provider !S not entitled to state retirement or leave benefits except where the provider IS a state agency. ~l ':J , .:1 3. Unless justified by the provider and agreed to by the Alliance in Attachment l~ Special Provisions, Section D, the Alliance will net furnish services of support normally available to career services employees (e.g., office space, office supplies telephone service, secretarial, or clerical support). ~11 ';~ S. Sponsorship As required by Section 286.25 Florida Statutes, when sponsoring a program financed wholly or in part by Alliance funds, including any funds obtained through this contract, the provider assures that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the provider shall include the statement: "Sponsored by Monroe County Social Services ~ ~~ :1 1, ~ ,>~ ~ ~ PROVIDER and the Alliance for Aging, Inc. sponsorship reference is in written material, for Aging, Inc. shall appear in the same SIze the name of the organization. If the the words Alliance letters or type as 1 I i T. Physician, Dentist, or Chiropractor Services. If this contract and/or any subcontract resulting therefrom involve engaging, as part of the provider's full or part-time staff, a physician, dentist, or chiropractor required to be licensed pursuant to Chapters 458,466, and 460, Florida Statutes, respectively, the provider or subcontractor(s) will conduct a background investigation on each individual, prior to hiring such individual, or if already hired, prior to the execution of this contract or'subcontract. The background investigation shall include contact with the Florida Department of Professional Regulation <DPR) to ensure that: 1. The physician, current license to practice would preclude the carrying responsibilities. dentist, or chiropractor has a in Florida with no restrictions out of assigned duties and which '~ 2. The physician, of having been disciplined censured, penalized/fined, any other state. dentist or chiropractor has no record <i.e., license suspended or revoked, or placed on probation) in Florida or I I ~ 1 rj 6 :; _':"k ~ c1 J, ..... '? .'~ ,\ .:; "! The.provider and/or subcontractor(s) shall submit documentation of the background investigation substantiating the above conditions to the contract manager and shall obtain departmental approval prior to hiring or otherwise continuing to engage the services of a physician, dentist, or chiropractor. The documentation requirement shall be met in all cases regardless of the fact that the indivIdual has a clean, clear, unblemished disciplinary record. Failure to comply with this provision will constitute a breach of contract. ., 0' .' j "~ '/1 " , ~ .'/~ II. The Alliance Agrees: A. Contract amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $413,875.00 subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract IS contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from from any other source are not eligible for reimbursement under this contract.. 'J1j , . . "~ . . .( oj -:>~ ;~ " . , ~.~ ~; :; 11 i, .'~ ..0 ", ~: :~ o'i .~ .."" J J j .j ::l .,~ .~ B. Contract Payment Pursuant to Section 215.422, Florida Statutes, on receipt of an invoice and receipt, inspection and approval of the goods or services, the Alliance shall file the invoice with the HRS District Office within twenty (20) days. If the payment of the invoice is not mailed by the Alliance to the vendor within fifty five (55) days after receipt of the invoice and receipt, inspection, and approval of the goods and services, the Alliance will pay the vendor, in addition to the amount of the invoice, interest at a rate of one (1) percent per month, or portion thereof, on the unpaid balance from the expiration of such fifty five (55) day period until such time as the warrant is mailed to the vendor. Exceptional circumstances as defined in Section 215.422(2) Florida Statutes, may permit the deadline for payment to be revised. III. The Provider and Alliance Mutually Agree: " J '1 A. Effective Date 1. This contract shall begin on January 1, 1990 or on the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on December 31, 1990 :;1 ..,~ .~ j B. Termination 1. Termination at Will This contract may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 7 oj ~ :~ ~ ~ 'J ~ 2. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, The Alliance may terminate the contract 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 availability of funds. -:'; ~ ~ 3. Termination for Breach Unless the provider's breach IS waived by the Alliance in writing, the Alliance may, by written notice to the provider, terminate this contract 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 13A-1, Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Alliance right to remedies at law or to damages. ~ 1 ,,~ . . , ~ o " ~ . . , i ~ .;~ ~ ~ i .; . ~ ~ 1 '1 ~ J ~ ~ I' .~ ~ ,~ .~ ~ '~ .:..1..:.....' :" } ; C. Notice and Contact The name and address of the contract manager for the Alliance for this contract is: Ilaiean Horwitz, Alliance for Aqinq, 9100 S.Dadeland Blvd. 5.104 Miami, FL. 33156. The representative of the provider responsible for administration of the program under this contract is Louis LaTorre In the event that different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. ".~.' ~ D. Renegotiation or Modification 1. Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if federal and lor state revisions of any applicable laws, or regulation5 make changes in this contract necessary. I ~ ~ i 1 2. The rate of payment and the total dollar amount may be adjusted retroactively 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's operating budget. 8 ~ " .', j ,. " . .~~ ';"J " E. Name, Mailing and Street Address of Payee 1. The name and maIling address of the official payee to whom the payment shall be made: Monroe County Social Services 1315 Whitehead Street f< e V We s t, F lor i d a 33040 2. The name of the contact person and street address where financial and administrative records are maintained: T ,emi s l.::!Torr~ 1315 \~it~h~ad Street --Ke~ W~st, Florid::! 33040 '. <I I " ~i " '~ 'i ; " i ,1 j t :i. .~ ~ .'J .~ :~ " 1 I ,., ,~ j ~ ;J ~ ~ I i I , , '9 ~ i ~ .,. 1=-~ - , " ~:I . . .~ I , . ;':'; " , ! \f .L__All Terms and Conditions Included This contract and its attachments as referenced, (Attachment I, Attachment II, and Attachment IIIl A . 'j 1 contain all the terms and conditions agreed upon by the parties. j '. ; '~ ',~ " 1 ~~ -;; IN WITNESS THEREOF, the parties hereto have caused this page ,1 contract to be executed by their undersigned officials as duly authorized. ." :-.~ '-~ i~ :;l :; '; ";; :~ . ~ "1 J .,,} ~j "'1 -1 ,] I PROVIDER: A 11 i a nc e for Ag i ng, I nc . SIGt'IED BY: SIGNED BY: NAME: NAME: TITLE: TITLE: DATE: (SEAL) Attest: DANNY L. KOLHAGE, CLERK DATE: BY: FEUcHAL lU NUM~cH: (or SS Number for an individual) Deputy Clerk ~ I:: ~' , '! " PROVIDER FISCAL YEAR ENDING DATE: "I.., . ,j ;1 10 'ATTACHMENT I COST REIMBURSEMENT A. Services to be Rendered The approved Service Provider Application for Older Americans Act Funds for January 1, 1990 to December 31, 1990 (Program Proposal) and any revisions thereto by the Alliance are incorpol-ated by reference as part of this legal agreement between the Alliance and the provider and prescribe the services to be rendered by the provider. In the event of conflict between Attachment 1 and the program proposal, the provisions of Attachment 1 will prevail. B. Manner of Service Provision. The service will be provided in a manner consistent with and described in the provider's approved application for Older Americans Act Funds and HRSM 140-1, Older Americans Act. In the event of a conflict between Attachment 1 and the program proposal, the provisions of Attachment 1 will prevail. C. Method of Payment 1. The Alliance has agreed to pay for contracted services in an amount not to exceed $ il~L~Z~~QQ_ subject to the availability of funds. .I 1 ~ "'; , 2. Payment shall be on an advance reimbursement basis and the forms used shall be approved by the Alliance and submitted to the contract manager. All requests for payments will be made using forms approved by the Alliance. Replication of both forms via data processing equipment is permissible; replications must include all data elements included on Alliance forms. The invoices are to be submitted with an original + (5) five copies. Invoices are due in the first week of the month preceding the month for which payment is requested, except that no invoices may be submitted before the date the contract becomes effective. , :~ '~ " ~ '? 3. The provider may request a monthly advance for each of the first three months of the contract period, based on anticipated cash needs. All reimbursement requests for the fourth through the twelfth months shall be based on the submission of monthly actual units of service provided beginning with the first month of the contract. All interest earned on the advance of federal funds may be retained by the provider or provider's subcontractors for the purpose of expanding service provision in accordance with HRSM 55-1, paragraph 4-15. All interest earned on advances of state funds (GR) must be reported monthly on HRS Form 577/578. j ~l ~ '1 i) 4 ~ 'i '1 , 1 1 1 1 j 1 1 I ,~ l::"'~':-a.. " ,.'~ ::J ;~:~ . .",~ . . ~ ,}';j !~~ 4. The provider shall submit invoices for payment cin a monthly basis on the invoice form provided by the Alliance to the contract manager. The invoices shall be submitted to the cont~act manager at the following location: 9100 S. Oadeland Blvd., Suite 104, Miami, FL 33156. <j '. 'J , -. 'l ~_ '1 " ~ 5. The provider expressly understands that any payment d~e under the terms of this contract may be withheld pending the receipt and approval by the Alliance of all fin~ncial and program reports due from the provider as a part of this contract and any adjustments thereto. . " :1 6. The provider must submit the final invoices for payment to the Alliance no more than forty (40) days after the contract ends or is terminated. If the provider fails to do so, all rights to payment are forfeited and the Alliance will not honor any requests submitted after the aforesaid period. " ',. 7. A final expenditure report will be made to the Alliance within fifty-five (55) days after the contract ends or is terminated, on a form provided by the Alliance, identifying total payment received. 'j . "~ ;1 , . 'J ';Jl 'J J "l "~. ;. "; ~~,.~ -:'"1 ;~ 'j r,~ ..; '., :1 '1 ", (1 J, ,~ ''l 3 ,1 ") 8. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the contract being closed out must be refunded to the Alliance along with the closeout package which is due within fifty-five (55) days after the contract ending date. D. Special Provisions 1. Match: Total provider match for this contract period will be at least $45,986.00. The provider's contribution will be made in the form of cash and/or in-kind resources. By the end of the sixth month of the contract period matching amounts provided must be in proper proportion to the Older Americans Act Funds expended. At the end of the contract period, all Older Americans Act Funds expended must be properly matched. 2. Laws and ReQulations .'.{, "'I .r; ~., a. Older Americans Act of 1965 as amended and 45 CFR 1321. " ::! ,,'lJ .4 .-;1 ,?J b~ The provider will comply with applicable parts of the Florida Stetuxes, Chapter 410, Chapter lOA-II, F.A.C., HRSM 140-1 and HRSM 55-1. 12 1:--:::a, ..'~..',3 [.~ :"~ .;1 :j ,~ t 3. Client Information The provider agrees to submit to the Department of Health and Rehabilitative management and program data including client identifiable data in accordance with HRS Pamphlet 50-10 and instructions provided by the Director of the District Management System. 4. Reportinq Requirements 'l )1 a. A complete and accurate HRS 2006, Service Cost Report, must be submitted to the Alliance as follows: * within 40 days of December 31 * within 55 days of June 30 5. Susoension I. ~ " a. The Alliance may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision to terminate the award. ,j b. 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 only part, or all of the provider's operation. I :,j 1 c. To suspend operations of the provider, the Alliance will notify the provider in writing by Certified Mail of: the action to be taken; the reasonCs) for such action; and the conditions of the suspension. The notification will also: indicate what corrective actions(s) are necessary to remove the suspension; indicate the provider's right to an administrative hearing; and provide the provider with the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider's actions warrant an immediate suspension). 6. Termination: The following clause supersedes Section III Bl: ] 1 I~cmlQ~tl~Q ~t ~lLl: This contract may be terminated by either party upon no less than thirty (30) days notice pursuant to 45 CFR Part 74 and notice of termination shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. I 13 ~ :.,......... :"&, ~ j \ ~ ,~ ~ h ; ~ J 1 5 .? 'j ~ ~ ~ 1 , 1 1 ~ i ~ ~ 1 i '~ " ~ ~ 1 1 j i 1 .~ ~ ~ J I , l ~ I I 7. Copvriqhts and Riqht to Data: Where activities supported by this project produce original writings, sound recordings, 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 in part, in any manner, for any purpo~e whatsoever and to have others acting on behalf of the Alliance to do so. If the materials so developed are subject to copyright or patent legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the Alliance for the exclusive use and benefit of the Alliance. Pursuant to section 286.021, Florida Statutes (1987), no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the written consent of the Alliance. 8. Bondinq The provider agrees to furnish an insurance bond from a responsible commercial surety company covering all officers, employees, and agents of the provider authorized to handle funds received or disbursed under this contract in an amount commensurate with the funds handled, the degree of risk as determined by the surety company and consistent with good business practices. 9. Automated Financial Records The use of computers in financial management is encouraged. The provider utilizing automated systems must remember that there is an obligation to bide by their contract agreement with the Alliance, Sections lA.3, Audits and Records; A.5, Retention of Records and HRSM 55-1. In order to meet these requirements, original records must be kept in a reasonable form, namely: a. A permanent written (printed and dated) record of financial transactions must be developed and verified by the provider and retained in a manner to facilitate inspection by auditors and program monitors. b. Computer maintained financial records must be printed out at least monthly, properly recorded/dated, initialed by the fiscal officer or project director and placed into a permanent binder <general ledger). It is also recommended that the diskette containing this information b~ retained in the event that there is a future need t~ review the fiscal information required for that reporting period. 14 ":.;.'!', ~l "l: 1'~ ,;-~I~ ,~~ ".>~ .:~ '~ ',j ~ c. Proper reference and backup materials such as invoices, cancelled checks and bank statements must be properly dated and grouped accordingly on a monthly basis. , < . ,~ ., " :1 d. All records and documents are to be retained for at least five years provided that applicable audits have been released. 10. Amendment and Chanqes a. Budget changes and/or adjustments shall be made according to the provisions of HRSM 55-1. " ;~ '15 -<, '~ .. :-~ .i ','i b. Changes in the approved Service Provider application for Older Americans Act Funds not effecting the total contract amount are valid only when submitted in writing and approved by the Alliance and provider. '. 1 c. Any reduction or increase in total contract amount must be authorized through a contract amendment. '~ '~ d. This contract may be amended for any future increase in federal funds for the Older Americans Act Program. ;~ ~:! , ::! .,~ ,j I it :1........ ..' e. Either party may request negotiation to adjust the total amount and/or unit rate(s) of this contract as needed. If this request is made by either party, the other party will be required to re-negotiate the total amount of this contract although these re-negotiations may not result in an adjustment, if the justification does not warrant it. 11. Abuse, Neqlect and Exploitation Reportinq J;". 2 '! ....'J ~'.; " If at any time an employee of the provider is aware of or suspects that abuse, neglect, or exploitation of children, disabled persons, or aged persons has occurred, as defined in Chapter 415, Florida Statutes, he/she is required to immediately report such known or suspected abuse or' neglect to the Department f Health and Rehabilitation by calling the Abuse Registry, 1-BOO-96-ABUSE. Failure of the employee to immediately report known or suspected abuse, neglect or exploitation may constitute a breach of contract and may result in termination of the contract. 12. Grievance and Fair Hearinqs Procedures j -I .I.i.,.... I I.. The provider will utilize the Department of Health and Rehabilitation's fair hearing system outlined in HRSM 195-1, Chapter 4 by which client served by the provider under this contract may ,present a request for a fair hearing. 15 ... '" t:' i i~ ,'.j!J ~-~ .~ -' l:'"""'-....=--. 'I .~ ~,;~ 'j .~ :j '~ " ,; ~ .<;. ./~ .~ ,,-; 1 ~ , ., i i : ~~ .~ .-~ -~ .~ ; ~.~ l' 1 ~ :; .~ .~ .. 5 .; ;!. :1 ,~ ~ { ~ ~ I ,'1 ~ "i . ~. i '~ it ~ I < 13. Proiect Independence The Department has implemented Project Independence, an initiative to assist public assistance recipients to enter and remain in gainful employment. Employment of Project Independence participants is a mutually beneficial goal for the contractor and the department in that it provides qualified entry level employees needed by many contractors and provides substantial savings to the citizens of Florida. The contractor or its agent agree to notify the Department of Health and Rehabilitation of entry level employment opportunities associated with this contract that require a high school education or less. The Department will provide information to the contractor identifying Project Independence clients that are referred to the contractor. In the event that the contractor or its agent employs a person who was referred by the department's Project Independence office, the contractor will notify the Department. 14. Renewal This twelve month contract may be renewed for two renewal periods of twelve months each, contingent upon adequate performance evaluations by the Alliance's program and fiscal staff and subject to the availability of federal funds. If the contract is renewed, any increases or decreases will be negotiated when the Alliance receives its notice of grant award from the Department of Health and Human Services. 15. Purchasinq Sections I - 0 Purchasing, of the STANDARD CORE CONTRACT is hereby modified to identify Section 946.15 (2), (4), F .S., as sec t i on 946.515 (2), ( 4 ), F. S . 16 1:..........:-&. ; 'j t ~ rJ . '. 'I ,t I . .~ ~ ; .). .. " ',J r1 . ~ ;~ ~ " , < ';. -; f! j 'I ~ 't ~ ~ ~ I j ! FINANCIAL AND COMPLIANCE AUDITS Attachment II This attachment is applicable if the provider is a state or local government, university, hospital or other nonprofit entity. It shall not apply if the total of all funds received or earned during the provider's fiscal year from contracts with the Alliance is less than $25,000. The provider has "received" funds when it has obtained cash from the Alliance or when it has incurred expenses which will be reimbursed by the Alliance. Governmental providers only may determine funds "received" in a manner consistent with their method of accounting. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Standards for Audit of Governmental Organizations, Programs, Activities and Functions (the "Yellow Book") issued by the Comptroller General of the United States. State and local governments shall comply with Office of Management and Budget (OMB) Circular A-128, "Audits of State and Local Governments". Universities, hospitals and other nonprofit providers shall comply with the audit requirements contained in Attachment F of OMB Circular A-110, "Grants and agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations", except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year. The scope of audits performed need include only the financial and compliance requirements of the "Yellow Book", and may disregard those related solely to economy and efficiency or to program results. Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including rules, regulations, or statutes referenced in the contract. Liabilities due to the Alliance because of unexpended funds or because funds were not expended in accordance with contract terms shall be calculated and fully disclosed in the audit report. This requirement does not expand the scope of the audit as prescribed by the "Yellow Book". In addition to the basic financial statements, the audit report shall include: (a) a detailed schedule of all revenues identified by source, such as individual contracts by contract number, client fees, and private donations and (b) a schedule of functional expenses which presents line item expenditures such as salaries, travel and supplies by program services and supporting services, with the portion of total supporting services allocable to programs presented as a single line item increasing program services and decreasing supporting services. Where applicable, the audit report shall include a computation ~howing whether or not matching requirements were met. J The provider shall ensue that audit working papers are made a'/ailable to the Alliance or its designee upon request for a period of five years from the date the audit report is issued unless extended in writing by the Alliance. 17 '-! ,'.) ,i','.i '~1 ,< , ;;f ""/ ..'t ~.~. Unless otherwise required by Florida Statutes, copies of the financial and compliance audit report and management letter, if any, 'shall be submitted within 120 days after the end of the provider's fiscal year to both j ~ ..... !, a. Office of Audit and Quality Control Services Building 3, Room 219 1317 Winewood Blvd. Tallahassee, FL 32399-0700 , '1 .~ ; ~;: .' b. Contract manager for the Alliance r~j ,'X -~I..~ ,~ "~ .' ~: '~ " , '. , . ~ J " ~ A. . '~ j ~) '~ '~ ..~ '~ -:~:4 :'1 " ",I ':( '!:I ,,' "~ '~ .~ ,l\ , .'.:~ t '~ f ~ ! , 18 __to '! 1:--"" :-&- , ~ BUDGET SUMM;':\PY Attachment III --j-' - Name and Address of Agency: Monroe County Social Services 1315 Whitehead Street Key West, Florida 33040 .,~ District El~Y~D___________ Submission Date ___________ Contrdct No._~~ 2~Q________ Amendment No 1 2 3 4 5 ----------------------------------------------------.----------- Distribution of Award by Title and FFY I. Area Agency Administration ---------------------------------------------------------------- (4) TOTAL A.Current Year B.Prior Year CF(FY , ; " TOTAL ---------------------------------------------------------..-------.-- ------------ ----------- -------.--- ---------- (1) Federal General (2) Revenue (3) Local $ $ $ $ $ ---------- ----------- --------- --------- $ $ $ ----------- ----------- --------- --------- $ $ $ $ II. Title III-B Supportive Services A.Current Year B. Prior Year CF(FY ) ..~ ,- ,,:.~ ~ , '~ .i~ TOTAL Federal Share Non-Federal Share TOTAL ~tZZ~~Z~~QQ____$_dl~~~d~QQ_____!~Q~~~dl~QQ__ $ $ $ -------------- --------------- ------------ ~117~~1~~QQ___ $ ~l~g~~~QQ__ ~gQ~~~~l~QQ -------------------------------------------------------------------- III. TITLE III-CI Nutrition Services A. Current Year B.Prior Year CF(FY ~ .~ i '1 ~~ ~ ~ j TOTAL $-ll~~l~~~QQ______$_~l~gQ~~QQ_____~l~Q~~~g~QQ $ $ $ ----------------- --------------- ----------- $-ll~~Z~~~QQ______$_dl~~Q~~QQ_____!l~QL~~~~QQ -------------------------------------------------------------------- I V. Tit I e I I I -C2 Nutrition Services A.Current Year B.Prior Year CF(FY I ,1 ~ j I I ~ ~ ) ..1 ~ I I 1 i i TOTAL $-~~~~~g~Qg------ $-1~~~1~~99_____~11~~Q~1~Q9_ $ $ $ ----------------- --------------- ------------ -------------------------------------------------------------------- $-~~LQ~~~QQ-------$-1~~dZ~~QQ_____!11~~QQ1~QQ_ V. Title III-D In Home Services A. Current Year B.Prior Year CF(FY_) , i TOTAL $_1~~~~1~99______ $_1~~71~Q9______~1~~19g~QQ___ $ $ $ ---------------- --------------- ------------ --------------------------------------------------------------------- $_tQ~~~l~QQ______ $-lL~Zl~QQ______!t~LZQ~~QQ__ VI.Total Current funds awarded (Total I-A, II-A III-A, IV-A, V-A) $_~ld~~Z~~QQ_____ Yr.VII Total CF Funds awarded (Total I-B, II-B, III-B, IV-B, V-B) $----~~~-------- VIII Total Gen. IX Revenue Recvd. Total 1(2) Total of All FUNDS to be Received (Total VI, VII, VIII) $-------~~~--___$_~ldL~Z~~QQ__ 19 .'"_ :--a.