12/18/1996 Contract KG -751
1997 OLDER AMERICANS ACT CONTRACT /COST REIMBURSEMENT
THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance ",
and the Monroe County Board of Commissioners, hereinafter referred to as the "provider ".
The parties agree:
Provider Agrees:
A. Services to be Provided:
The Service Provider Grant Application of the Monroe County Board of Commissioners for
1997, and any revisions thereto approved by the Alliance, are referenced as a part of this legal
contract between the Alliance and the provider and prescribe the manner in which the provider
will meet the requirements of the Older Americans Act of 1965, as amended.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described in the 1997 Service
Provider Grant Application of the Monroe County Board of Commissioners and the Department
of Elder Affairs Programs and Services Manual and HRSM 55 -1. In the event these manuals
are revised, the contract will incorporate any such revision and the provider will be given a
copy of the revisions.
C. 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 U.S.C. 1857(h) et seq.),
Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive
Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15). The
provider shall report any violations of the above to the Alliance.
3. The provider must, prior to contract execution, 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 contract manager. All disclosure
forms as required by the Certification Regarding Lobbying form must be completed and
returned to the contract manager.
4. The provider must, prior to contract execution, complete the Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts /Subcontracts,
ATTACHMENT 11.
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.
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D. 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 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. 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 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 Secretary of the Department of Elder Affairs or the appropriate
federal or state agency.
9. The provider further assures that all contractors, subcontractors, subgrantees, or
others with whom it arranges to provide services will comply with the above laws and
regulations.
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E. 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. To submit bills for any travel expenses, in accordance with Section 112.061, Florida
Statutes.
3. To provide units of deliverables, including reports, findings, and drafts as specified in
this contract and the OAA Service Provider Grant Application, to be received and
accepted by the contract manager prior to payment.
4. To allow public access to all documents, papers, letters, or other materials subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the provider
in conjunction with this contract.
F. Withholdings and Other Benefits:
The Provider is responsible for Social Security and Income Tax withholdings.
G. Indemnification:
If the provider is a state or local governmental entity, pursuant to subsection 768.28(18)
Florida Statutes, the provisions of this section do not apply.
1. Provider agrees that 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 the
contract, whether direct or indirect, and whether to any person or property to which
the Alliance or said parties may be subject, except that 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'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 finding the Alliance solely negligent shall
excuse performance of this provision by providers. Provider shall pay all costs and fees
related to this obligation 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.
H. 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 existence of this contract. The provider
accepts full responsibility for identifying and determining the type(s) and extent of
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liability insurance necessary to provide reasonable financial protections for the provider
and the clients to be served under this contract. Upon the execution of this contract,
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 this contract 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 defined by section 768.28, Florida
Statutes, the provider shall furnish the Alliance, upon request, written verification of
liability protection in accordance with section 768.28, Florida Statutes. Nothing herein
shall be construed to extend any party's liability beyond that provided in section
768.28, Florida Statutes. (See also Indemnification clause.)
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 central
abuse registry and tracking system of the Department of Health and Rehabilitative Services on
the single statewide toll -free telephone number (1- 800- 96ABUSEI.
J. Transportation Disadvantaged:
If clients are to be transported under this contract, the provider will comply with the provisions
of Chapter 427, Florida Statutes, and Rule Chapter 41 -2, Florida Administrative Code.
K. Purchasing:
Procurement of Products or Materials with Recycled Content
That any products or materials which are the subject of, or are required to carry out this
contract shall be procured in accordance with the provisions of Section 403.7065 and
287.045, Florida Statutes.
L. Sponsorship:
As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental
organization which sponsors a program financed wholly or in part by state funds, including any
funds obtained through this contract, it shall in publicizing, advertising or describing the
sponsorship of the program, state: "Sponsored by the Monroe Countv Board of
Commissioners, the State of Florida, Department of Elder Affairs and the Alliance for Aging,
Inc. ". If the sponsorship reference is in written material the words "State of Florida,
Department of Elder Affairs and the Alliance for Aging, Inc." shall appear in the same size
letters and type as the name of the organization.
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M. 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. Public Entity Crime; Denial or revocation of the right to transact business with public entities.
It is the intent of the legislature to place the following restrictions on the ability of persons
convicted of public entity crimes to transact business with the Department of Elder Affairs per
section 287.133, Florida Statutes:
A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
0. Employment
If the provider is a non - governmental organization, it is expressly understood and agreed that
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(INA), 8 U.S.C. s.1324 a (e)( "section 274A(e) ").
Violation of the employment provisions as determined pursuant to section 274A(e) shall be
grounds for unilateral cancellation of this contract.
P. 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 this contract.
2. To assure that 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 contract. Such reporting
requirements must be reasonable given the scope and purpose of this contract.
4. To submit management, program, and client identifiable data, as specified in the
Department of Elder Affairs Programs and Services Manual.
5. To provide a financial and compliance audit to the Alliance as specified in
ATTACHMENT I11 and to ensure that all related party transactions are disclosed to the
auditor.
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6. To include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
7. This contract contains federal funds. The Catalog of Federal Domestic Assistance
(CFDA) numbers are as follows:
CFDA # Title
93.043 Title IIIF Preventive Health
93.044 Title IIIB Support Services
93.045 Title IIIC1 Congregate Meals
93.045 Title II1C2 Home Delivered Meals
93.046 Title IIID In -Home Services
8. This contract is funded from a grants and aids appropriation.
d 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 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 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.
R. Monitoring:
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 Service Provider Grant Application.
2. 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 this
contract, and /or interview any clients and employees of the provider to be assured of
satisfactory performance of the terms and conditions of this contract. 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 this
contract.
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S. Safeguarding Information:
Not to use or disclose any information concerning a recipient of services under this contract
for any purpose except upon written consent of the recipient, or the recipient's authorized
representative.
T. Assignments and Subcontracts:
1. Approval of the 1997 Service Provider Grant 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 1997 Grant 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 this contract. All such
assignments or subcontracts shall be subject to the conditions of this contract (except
Section I, Paragraph K.1., and Section II. Paragraph B.) and to any conditions of
approval that the Alliance shall deem necessary.
2. 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.
U. Final Request for Payment:
1. To submit the final request for payment to the Alliance no more than 45 days after the
contract ends or is terminated; if the provider fails to do so, all right to payment is
forfeited, and the Alliance will not honor any requests submitted after the aforesaid
time period. Any payment due under the terms of this contract may be withheld until
all reports due from the provider, and necessary adjustments thereto, have been
approved by the Alliance.
2. A final receipt and expenditure report as a closeout report will be forwarded to the
Alliance within sixty (60) days after the contract ends or is terminated. 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 final receipt and expenditure report.
V. Return of Funds:
1. 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.
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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 that 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 that the Alliance first discovers an overpayment has been made, the
Alliance will notify the provider by letter of such a finding.
2. Should repayment not be made in a timely manner, the Alliance will charge interest of
one (1) percent per month compounded on the outstanding balance after forty (40)
calendar days after the date of notification or discovery.
11. The Alliance Agrees:
A. Contract Amount:
To pay for contracted services according to the conditions of this contract in an amount not
to exceed $454,163.00 subject to the availability of funds. The Alliance'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 any other source are
not eligible for reimbursement under this contract.
B. Contract Payment:
Pursuant to Section 215.422, Florida Statutes, the Alliance shall take no longer than 5 working
days to inspect and approve goods and services, unless bid specifications or the contract
specifies otherwise. With the exception of payments to health care providers for hospital,
medical, or other health care services, if payment is not available within 40 days, measured
from the latter of the date the invoice is received or the goods or services are received,
inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section
55.03, Florida Statutes, will be due and payable in addition to the invoice amount. Payments
to health care providers for hospitals, medical or other health care services, shall be made not
more than 35 days from the date of eligibility for payment is determined, and the interest
penalty is set by Subsection 215.422(13), Florida Statutes. Invoices returned to a vendor due
to preparation errors will result in a payment delay. Invoice payment requirements do not start
until a properly completed invoice is provided to the Alliance.
C. 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 (904) 488 -2924 or by calling the State Comptroller's
Hotline, 1- 800 - 848 -3792.
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III. Provider and Alliance Mutually Agree:
A. Effective Date:
1. This contract shall begin on January 1, 1997 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, 1997.
B. Method of Payment:
1. This is an advance and cost reimbursement contract. All requests for payment and
expenditure reports submitted to support requests for payment shall be on DOEA forms
106A and 105A. Duplication or replication of both forms via data processing
equipment is permissible, provided all data elements are in the same format as included
on department forms.
2. The provider may request a monthly advance for each of the first two months of the
contract period, based on anticipated cash needs. Detailed documentation justifying
cash needs for advances must be maintained in the contract managers file. All
payment requests for the third through the twelfth months shall be based on the
submission of monthly actual expenditure reports beginning with the first month of the
contract. The schedule for submission of advance requests is ATTACHMENT IV to
this contract. Reconciliation and recouping of advances made under this contract are
to be completed by the time the final payment is made. All advance payments are
subject to the availability of funds.
3. The provider may request extraordinary cash in addition to the above advance requests
in accordance with DOEA Administrative Policy Memorandum Number A0012.
4. Any payment due by the Alliance under the terms of this contract may be withheld
pending the receipt and approval by the Alliance of all financial and programmatic
reports due from the provider and any adjustments thereto.
5. The provider agrees to implement the distribution of funds as detailed in the 1997
Service Provider Grant Application and the Budget Summary, ATTACHMENT V to this
contract. Any changes in the amounts of federal or general revenue funds identified
on the Budget Summary form require a contract amendment.
6. Financial Reports: The provider agrees to provide an accurate, complete and current
disclosure of the financial results of this contract as follows:
a. To submit all requests for payment and expenditure reports according to the
format, schedule and requirements specified in ATTACHMENT IV.
b. The completed manual units of service portions of the Older Americans Act
Annual Report if applicable, are due to the contract manager on or by October
15, 1997. The Alliance will obtain the remaining report sections from the
Client Information, Registration and Tracking System.
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C. Termination:
1. Termination at Will
This contract may be terminated by either party upon no Tess 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 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, 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 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 60A- 1.006(3), 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's right to remedies at law or
to damages.
D. 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 the contract.
Reasonable cause is such cause as would compel a reasonable person to suspend the
use of funds pursuant to this contract; it includes, but is not limited to, the provider's
failure to permit inspection of records, or to provide reports, or to rectify deficiencies
noted by the Alliance within the time specified by the Alliance, or to utilize funds as
agreed in this contract, or such other cause as might constitute breach of any of the
terms of this contract.
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: what corrective actions are
necessary to remove the suspension; the provider's right to an administrative hearing;
and, give the provider the appropriate time period to request an administrative hearing
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before the effective date of the suspension (unless provider actions warrant an
immediate suspension).
E. Notice and Contact:
1. The name, address and telephone number of the contract manager for the Alliance for
this contract is:
John L. Stokesberry
Suite 400
9500 South Dadeland Boulevard
Miami, Florida 33156
(305) 670 -6502
2. The name, address and telephone number of the representative of the provider
responsible for administration of the program under this contact is:
Louis LaTorre
5100 College Road - Wing III
Key West, FL 33040
(305) 292 -4420
3. 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.
F. 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
revisions of any applicable laws, or regulations make changes in this contract
necessary.
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
Alliance's operating budget.
G. Special Provisions:
1. Nonexpendable Property
a. Nonexpendable property is defined as tangible property of a nonconsumable
nature that has an acquisition cost of $500 or more per unit, and an expected
useful life of at least one year; and hardback bound books that are not
circulated to students or the general public, the value or cost of which is $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 to
the general public.
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b. All such property, purchased under this contract shall be listed on the property
records of the provider. Said listing shall include a description of 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 such property purchased under this contract shall be inventoried annually.
An inventory report will be submitted to the Alliance upon request by the
Alliance.
d. Title (ownership) to all nonexpendable property acquired with funds from this
contract shall be vested in the Department of Elder Affairs upon completion or
termination of the contract.
e. At no time shall the provider dispose of nonexpendable property purchased
under this contract except with the permission of, and in accordance with
instructions from the Alliance.
f. A formal contract amendment is required 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 Department of Elder Affairs' (DOEA)
procedures and standards when purchasing Information Technology Resources
(ITR) as part of this contract. 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 facilities.
The provider agrees to secure prior written approval through the contract
manager from the DOEA's Management 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 worksheet.
2. Match
There will be a match requirement of at least 10 percent of the cost for all services.
Total provider match for this contract period will be at least $50.463.00. The
provider's contribution will be made in the form of cash and /or inkind resources. At
the end of the contract period, all Older American Act funds must be properly matched.
3. Older American Act Funds
The provider and the Alliance agree to perform the services of this contract in
accordance with all federal, state and local laws, rules, regulations and policies that
pertain to Older American's Act funds.
4. Fees for Services
The provider assures that Older Americans Act paid staff will not assess nor collect
fees from eligible clients for Older Americans Act funded services. Subcontractors may
charge fees for services not paid for with Older Americans Act funds to those persons
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who are able to pay part or all of the cost of services.
5. Carry Forward Funds
Federal fiscal year funding provided in this contract is subject to substitution by prior
year's carry forward funds in accordance with procedures established by the Alliance.
The Alliance has the authority to re -award current year funds in excess of five percent
which are deobligated by this process. This provision excludes senior center carry
forward funds.
6. Copyright Clause
Where activities supported by this contract produce original writing, 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 part, in any manner, for any purpose whatsoever and to have others acting
on behalf of the Alliance do so.
If the materials so developed are subject to copyright, trademark or patent, then legal
title and every right, interest, claim or demand of any kind in and to any patent,
trademark, copyright, or application for the same, will vest in the State of Florida,
Department of State, for the exclusive use and benefit of the state. Pursuant to
Section 286.021, Florida Statutes, no person, firm or corporation, including parties to
this contract, shall be entitled to use the copyright, patent or trademark without the
prior written consent of the Department of State.
7. Grievance and Appeal Procedures
The provider will develop procedures for handling complaints from persons who
complain that service has been denied, terminated or reduced improperly as outlined
in 58A- 1.007(e) Florida Administrative Code and the Department of Elder Affairs
Programs and Services Manual.
8. Investigation of Allegations
Any report that implies criminal intent on the part of a service provider agency and
referred to the state attorney must be sent to the Alliance. The Alliance must
investigate allegations regarding falsification of client information, service records,
payment requests, and other related information.
9. Signature
All contracts and amendments must be signed by the President of the Board of
Directors of the provider, or such other officer or member of the board as designated
by the Board of Directors.
10. Disaster
In preparation for the threat of an emergency event as defined in the State of Florida
Comprehensive Emergency Management Plan, the Department of Elder Affairs may
exercise authority over an area agency or service provider in order to implement
preparedness activities to improve the safety of the elderly in the threatened area and
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to secure area agency and service provider facilities in order to minimize the potential
impact of the event. These actions will be within the existing roles and responsibilities
of the area agency and its service providers.
In the event the President of the United States or the Governor of the State of Florida
declares a disaster or a state of emergency, the Department of Elder Affairs may
exercise authority over an area agency or service provider in order to implement
emergency relief measures and /or activities.
In either of these cases, only the Secretary or Deputy Secretary or his or her designee
of the Department of Elder Affairs shall have such authority to order the
implementation of such measures. All actions directed by the Department under this
section shall be for the purpose of ensuring the health, safety and welfare of the elderly
in the potential disaster area or actual disaster area.
11. Computer System Backup and Recovery
Each service provider 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.
12. Information and Referral
The provider will cooperate with the Alliance in the collection and maintenance of an
information and referral data base for the entire planning and service area.
13. 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 use of volunteers in their service area by providing training, technical
assistance and funding, where possible.
14. Comprehensive Assessment Review and Evaluation for Long Term Care Services
(CARES) Program
Those persons who are functionally assessed by the Comprehensive Assessment
Review and Evaluation for Long Term Care Services (CARES) Program to be at risk of
placement in an institution and referred to the Older Americans Act Program will be
given primary consideration for services to prevent institutional placement.
15. Client Information and Registration Tracking System (CIRTS)
a. The Alliance will ensure the collection and maintenance of Older Americans Act
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 DOEA standards.
14
b. The provider must enter all required data per the Department's and the
Alliance's CIRTS Policy Guidelines for OAA clients and services in the CIRTS
on a monthly basis. The data must be entered into the CIRTS before the
Provider submits its request for payment and expenditure reports to the
Alliance.
c. The Provider will run monthly CIRTS reports and verify that 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 to be reviewed
before the service provider's request for payment and expenditure reports can
be approved.
d. Failure to ensure the collection and maintenance of the CIRTS data may result
in the Alliance enacting the "Suspension" clause of this contract (see Section
III, D.).
H. Name, Mailing and Street Address of Payee:
1. The name (provider name as shown on page 1 of this contract) and mailing address of
the official payee to whom the payment shall be made:
Monroe County Board of Commissioners
5100 College Road - Wing ill
Key West, FL 33040
2. The name of the contact person, street address and telephone number where financial
and administrative records are maintained:
Louis LaTorre
5100 College Road - Wing III
Key West, FL 33040
(305) 292 -4420
15
IN WITNESS THEREOF, the parties hereto have caused this 24 page contract to be executed by their
undersigned officials as duly authorized.
PROVIDER: MONROE COUNTY BOARD ALLIANCE FOR AGING, INC FOR DADE
OF OM ■ ISSIONERS AND MONROE COUNTIES
SIGNE Ji SIGNED
BY: BY:
NAME: 1 L ( 7 J 66 OC sS NAME: CARLOS NOBLE
TITLE: 1 /9 YO TITLE: PRESIDENT
DATE: 1.11 8'19( DATE:
APPROVED AS TO FORM
AND LE • L SUFFICW
BY �. I , 4,44
or -414 NNE �y
DATE ����/ .1:
FEDERAL ID NUMBER: 59- 6000749 \` f
PROVIDER FISCAL YEAR ENDING DATE: 9/30 ` 1
`-`
(SEAL)
ATTEST: DANN' -D AGE, CLERK
B Y 17,114. Tin
DEP► CL T,
16
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 agency, a member of congress, an
officer or employee of congress, or an employee of a member of congress 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 sect'. 135 , Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty • f n • less than 1 ,000 a • d not more than $100,000 for each such failure.
Ozird
iii‘c --/ 124 Mt/ (0
Signa re Date
i4 4 t / I J 01)61-4 � KG -751
Name of Authorized Individual Application or Contract Number
Monroe County Board of Commissioners
5100 College Road - Wing Ill
Ke Wes FL 3 1 • 1 _
Name and Address of O ''g ,e:
DOEA Form 103
c I . ::.) yr: f
,' jY APPROVED AS TO FOR
i AND AL SUFFICIE
(SEAL) BY - -
A T T E S T : DANNY L. KOLHAGE, CLERK ' ANNE • •N
DA
BY 1 _ • :��.._ \ • . .
DEPU CLE `
17
ATTACHMENT 11
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS /SUBCONTRACTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Reg., pages 20360 - 20369).
(1) The prospective 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 Department of Elder Affairs by any federal
department or agency.
(2) Where the prospective provider is unable to certify to any of the statements in this certification,
such p spe 've provider shall attach an explanation to this certification.
O
Signature
Date
o r ,s% l
15
�� .1 =w
1 171 b0 061-ASS 1 , MA W
Name and Title of Authorized Indi
(SEAL)
ATTEST: DANNY L. KOLHAGE, QERK
BY �+
Monroe County Board of Commissioners
DE TY CL
Name of Organization
DOEA Form 112A
October 1993 ' "PROVED AS TO FORM
LEGAL SUFFICI N .
ZAMA A. UTTON
18
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INEUGIBILITY 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 Department of Elder Affairs 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 learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. You may contact the contract manager for assistance in obtaining a
copy of those regulations.
5. The 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 Department of Elder Affairs 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 Form 112B
October 1993
19
ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDITS
This attachment is applicable, if the provider or grantee hereinafter referred to as provider, is any local government entity,
nonprofit organization, or for - profit organization.
PART 1: SINGLE AUDIT
This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000
or more from the Alliance during its fiscal year. 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.
The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with
the current Government Auditing Standards ( "Yellow Book ") issued by the Comptroller General of the United States. Local
governments shall comply with Office of Management and Budget (OMB) Circular A -128, Audits of State and Local
Governments. Nonprofit providers receiving federal funds passed through the Alliance shall comply with the audit
requirements contained in OMB Circular A -133 • Audits of Institutions of Higher Learning and Other Nonprofit Institutions,
except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed
12 months. The scope of the audit performed shall include the financial audit requirements of the "Yellow Book ", and must
include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that
discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this
attachment.
Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules,
regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing
whether or not matching requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated
and fully disclosed in the audit report with reference to the Alliance contract involved. These requirements do not expand
the scope of the audit as prescribed by the "Yellow Book ".
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance
reports(s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial
assistance which contracts are funded from state grants and aids appropriations.
Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits
performed by independent auditors, other than the Auditor General, shall be submitted within 180 days after the end of the
provider's fiscal year, unless otherwise required by Florida Statutes, to the following:
A. Contract Manager for the Alliance (Submit 2 copies)
John L. Stokesberry
9500 South Dadeland Blvd., Suite 400
Miami, FL, 33156
B. Submit to this address only those reports prepared in accordance with OMB Circular A -133:
Federal Audit Clearinghouse
U.S. Bureau of the Census
Jeffersonville, Indiana 47132
C. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter
10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available 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.
DOEA Form 104A
9/30/92
20
•
• PART 11 : GRANTS AND AIDS AUDIT /ATTESTATION
This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1) a local
govemment entity or nonprofit organization receiving a total of less than $25,000 from the department during its fiscal year
or (2) a for - profit organization receiving any amount from the Alliance. 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.
If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit
performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of
the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each
state contract by number and indicates which contracts are funded from state grants and aids appropriations.
Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules,
regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing
whether or not matching requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated
and fully disclosed in the audit report with reference to the Alliance contract involved.
If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed $100,000, the
provider may have an audit as described above or have a statement prepared by an independent certified public accountant
which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation.
If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head
of the entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all
contracts funded by a grants and aids appropriation.
Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or
the attestation statement, shall be submitted within 180 days after the provider's fiscal year end to the following:
A. Contract Manager for the Alliance (Submit 2 copies):
John L. Stokesberry
9500 South Dadeland Blvd., Suite 400
Miami, FL 33156
B. Jim Dwyer
Office of the Auditor General
•
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available 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.
PART 111: NO AUDIT REQUIREMENT
This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either (1) a local
government entity or nonprofit organization receiving a total of less than $25,000 from the Alliance during its fiscal year or
(2) a for - profit organization receiving any amount from the Alliance. 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.
The provider has no audit or attestation statement required by this attachment.
DOEA Form 1048
9/30/92
21
ATTACHMENT IV
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
TITLE III
Submit to Alliance
Report On or Before
Number Month Based On This Date
1 January Advance* January 1
2 February Advance* January 1
3 March January Expenditure Report February 5
4 April February Expenditure Report March 5
5 May March Expenditure Report April 5
6 June April Expenditure Report May 5
7 July May Expenditure Report June 5
8 August June Expenditure Report July 5
9 September July Expenditure Report August 5
10 October August Expenditure Report September 5
11 November September Expenditure Rept. October 5
12 December October Expenditure Report November 5
13 November Expenditure Report December 5
14 December Expenditure Report January 5, 1998
15 Final Payment Request February 14
16 Final Closeout Package February 29
Legend: * Advance based on projected cash need.
Submission of expenditure reports may or may not generate a payment request. If the closeout
package reflects funds due back to the Alliance, payment is to accompany the report.
Note # 1: Reports #1 and #2 for Advance Basis Contracts cannot be submitted to the Alliance prior to
January 1 or until the contract with the Alliance has been executed. Actual submission of the
vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure
report.
Note # 2: A final payment request may be submitted to the Alliance by the provider up to 45 days after
the contract has ended.
22
ATTACHMENT V
1997 OAA BUDGET SUMMARY
Name of Agency:Monroe County Board of Commissioners Contract No. KG -751
Distribution of Award by Title
Federal Share
Title III -B $178,181.00
Title I11 C -1 $125,191.00
Title III C -2 $122,027.00
Title III -D $ 28,764.00
Title III -F $ 0.00
TOTAL FEDERAL AMOUNT $454,163.00
•
23
ATTACHMENT VI
SPECIAL CONTRACT PROVISIONS
All service providers agree to submit to the Alliance on an annual basis, and no later than March 31st, a
disaster preparedness plan which will include as a minimum, the following:
1. Activities undertaken to educate clients and the community regarding disaster preparedness and
the needs of the elderly.
2. Activities undertaken to identify the special needs of clients and how these will be met in the event
of a disaster.
3. Activities undertaken to participate with local, municipal and county agencies to assist in the
development of local disaster preparedness plans which include the special needs of the elderly.
4. Specific plans developed for the continuation and /or suspension and resumption of service in the
event of a disaster.
24