06/22/1995 Contract ----------, _ _____.__ f Agency on Aging for .[)ad and :larvae aunties
ALLI June 30, 1995
For
AGING, Gwen Rodriguez, Director
Inc.
Monroe County In -Home Services
Wing III - Public Service Building
5100 College Road
Key West, Florida 33040
OFFICERS
CARLOS NOBLE SUBJECT: General Revenue Contracts for SFY 95 -96
President
WILLIS N. MURRAY Dear Gwen:
Vice President
Enclosed please find executed copies for each of the following:
JOSE T. SANCHEZ, M.D.
Secretar
• Contract KG -551E which awards continuation funding in the
MILTON BRAHMS, CPA amount of $527 987 for your CCE Program.
Treasurer y g
IMMEDIATE PAST PRESIDENT • Contract KG -597 which awards continuation funding in the
ROSEBUD L. FOSTER, Ed. D. amount of $28,515 for Respite Care under your ADI
Program.
BOARD MEMBERS
MATILDE AGCIIRRE, CPA • The Memorandum of Agreement for the 2176 Medicaid
DONALD E. BAKER, E. Waiver which increases your spending authority by $10,541.
MARIE E. BELL
ROBE ROBERT EBERST ROBE ♦ Amendment 001 to your 1994 -95 Memorandum of Agreement
C. A. FRANKENHOFF, P6. D. for your 2176 Medicaid Waiver which reduced your spending
RAMONA FRISCHMAN, P6. D. th
a by the you projected surplus.
CHARLES GRAY authority y $40 970 ou ro ected as a su lus.
NORMA LEMBERG
MELVIN LENTrT, Esq. Also enclosed is an executed copy of Amendment 001 to your 1994 -95
GE �EVA MILLER PY }�
JEAN JONES PERDUE, M.D. USDA rate agreement; please forward it to Moni Garrido.
RUTH PERLMUTTER KATES, M.S.
COMM. MARY KAY REICH
CARLOS SABATER, CPA Should you have any questions, please contact Loretta Kushner (670 -6503)
OFELIA SAN PEDRO, CPA 'or my 1 (670- 6502).
MARTIN URRA
HENRIETTA WATERS, P6. D.
J.A. ZISKIND, E.q. Sincere
EXECUTIVE DIRECTOR f " ,?1 44% G
JOHN L. STOKESBERRY, M. Ed. Pedro Jov l' il Assistant Director 4° �'
Enclosures % 1
■
951)O Soiaih Dadelaiall Boulevarti, Suile - 101), Miami, Florida 33166, 1305) 071) _ bail)O :f'a:K 1305) 670 - 6516
.
Contract No. KG -551E
1995 -96 STANDARD COMMUNITY CARE FOR THE ELDERLY CONTRACT
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:
I. Provider Responsibilities
A. Services to be Provided:
The approved Service Provider Application for the Community
Care for the Elderly funds for July 1, 1995 to June 30, 1996,
and any revisions thereto approved by the Alliance and located
in the contract manager's file, are referenced as a part of
this legal agreement between the Alliance and the provider,
and prescribe the services to be rendered by the provider.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and
described in the Service Provider Application for the
Community Care for the Elderly funds for July 1, 1995 to June
30, 1996 of the Monroe County Board of Commissioners and the
Department of Elder Affairs Programs and Services Manual. In
the event the manual is revised, the contract will incorporate
any such revision and the provider will be given a copy of the
revision.
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 regulations,
if applicable.
2. 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.
D. Audits and Records:
The Provider Agrees:
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t .
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. To assure through
contractual provision in their subcontracts with direct
service providers program specific data is recorded and
submitted in accordance with Department of Elder Affairs
information system instructions.
5. To provide a financial and compliance audit to the
Alliance as specified in ATTACHMENT I and to ensure that
all related party transactions are disclosed to the
auditor.
6. To include these aforementioned audit and record keeping
requirements in all approved subcontracts and
assignments.
7. This contract is funded from a grants and aids
appropriation.
E. Retention of Records:
The Provider Agrees:
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.
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2. Persons duly authorized by the Alliance and federal
auditors, pursuant to 45 CFR, Part 92.42(e), (1), and
(2), shall have full access to and the right to examine
or duplicate any of said records and documents during
said retention period or as long as records are retained,
whichever is later.
F. Monitoring:
The Provider Agrees:
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 approved
Community Care for the Elderly Service Provider
Application for July 1, 1995 to June 30, 1996.
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 comments 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 specified period of time set forth in
the comments, or provide the Alliance with a reasonable
and acceptable justification for the provider's failure
to correct the noted shortcomings. 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.
3. To perform required program and administrative monitoring
of service providers. Submission of monitoring reports
will be in accordance with the Department of Elder
Affairs Programs and Services Manual and the department's
Administrative Monitoring Instrument.
G. Indemnification:
If the provider is a state agency or subdivision as defined in
section 768.28, Florida Statutes, only Number 5 below is
applicable. Other than state agencies or subdivisions refer
only to Numbers 1 through 4.
The Provider Agrees:
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1. To be liable for and indemnify the Alliance against all
claims, suits, judgments, or damages, including court
costs and attorney's fees, arising out of the negligent
or intentional acts or omissions of the provider, and its
agents, subcontractors, and employees, in the course of
the operation of this contract.
2. To defend the Alliance, upon receiving timely written
notification from the Alliance, against all claims,
suits, judgments, or damages, including costs and
attorney's fees, arising out of the negligent or
intentional acts or omissions of the provider and its
agents, subcontractors, and employees, in the course of
the operation of this contract.
3. Where the provider and the Alliance commit joint
negligent acts, the provider shall not be liable for nor
have any obligation to defend the Alliance with respect
to that part of the joint negligent act committed by the
Alliance.
4. In no event shall the provider be liable for or have any
obligation to defend the Alliance against such claims,
suits, judgments, or damages, including costs and
attorney's fees, arising out of the sole negligent acts
of the Alliance.
5. Any provider who is a state agency or subdivision, as
defined in section 768.28, Florida Statutes, agrees to be
fully responsible for its negligent acts or omissions or
tortious acts which result in claims or suits against the
Alliance, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing
herein is intended to serve as a waiver of sovereign
immunity by any provider to which sovereign immunity
applies. Nothing herein shall be construed as consent by
a state agency or subdivision of the State of Florida to
be sued by third parties in any matter arising out of any
contract. The provider agrees that it is an independent
contractor and not an agent or employee of the Alliance.
H. Insurance and Bonding:
The Provider Agrees:
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 liability insurance
necessary to provide reasonable financial protections for
the provider and the clients to be served under this
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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
practice.
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.
I. Safeguarding Information:
The Provider Agrees:
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 custodial parent or
legal guardian of the recipient, as authorized by law.
J. Assignments and Subcontracts:
The Provider Agrees:
1. Alliance approval of the provider's Service Application
for the Community Care for the Elderly funds for July 1,
1995 to June 30, 1996 shall constitute Alliance approval
of the provider subcontracts if the subcontracts follow
the service and funding information identified in the
approved Service Provider Application. 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 N.1.) and to any conditions of approval that
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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.
R. Return of Funds:
The Provider Agrees:
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.
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.
L. Abuse Neglect and Exploitation Reporting:
The Provider Agrees:
1. 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
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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- 96ABUSE).
2. The provider will ensure that the prioritization of
clients include TOP PRIORITY to those clients determined
to be victims of abuse, neglect or exploitation by the
Department of Health and Rehabilitative Services.
M. Transportation Disadvantaged:
The Provider Agrees:
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.
N. Purchasing:
The Provider Agrees:
1. 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.
0. 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.
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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 under 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.
P. Requirements of Section 287.058, Florida Statutes:
8
The Provider Agrees:
1. To submit bills for fees or other compensation for
services or expenses in sufficient detail for a proper
pre -audit and post -audit 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 Service Provider Application for the Community Care
for the Elderly funds for July 1, 1995 to June 30, 1996,
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.
Q. Withholdings and Other Benefits:
The Provider is responsible for Social Security and Income Tax
withholdings.
R. Sponsorship:
1. 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 County Board of Commissioners, the Alliance for
Aging, and the State of Florida, Department of Elder
Affairs ". If the sponsorship reference is in written
material the words "State of Florida, Department of Elder
Affairs" shall appear in the same size letters and type
as the name of the organization.
2. The contract manager's written approval is required prior
to the provider's use of the name of the Alliance or the
Department of Elder Affairs for solicitation of funds.
S. Final Request for Payment:
The Provider Agrees:
1. To submit the final request for payment to the Alliance
no more than forty -five (45) days after the contract ends
or is terminated; if the provider fails to do so, all
9
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.
T. Use of Funds For Lobbying Prohibited:
The Provider Agrees:
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.
II. Alliance Responsibilities
A. Contract Amount:
Subject to the availability of funds, the Alliance will
reimburse no more than a total dollar amount of $527,987.00
for expenditures made in accordance with the approved budget
for Community Care for the Elderly funds, ATTACHMENT II to
this contract. The Alliance's performance and obligation to
pay under this contract is contingent upon an annual
appropriation by the Department of Elder Affairs. 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
10
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.
III. Provider and Alliance Mutual Responsibilities
A. Effective Date:
1. This contract shall begin on July 1, 1995 or on the date
on which the contract has been signed by both parties,
whichever is later.
2. This contract shall end on June 30, 1996.
B. Method of Payment:
1. Payment shall be on an advance basis in accordance with
the Department of Elder Affairs Programs and Services
Manual and ATTACHMENT III. All request for payment and
expenditure reports that will be submitted to support
requests for payment shall be on DOEA forms 106C and
105C. Duplication or replication of both forms via data
processing equipment is permissible but replications must
include all data elements 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 III to this contract. Reconciliation and
recouping of advances made under this contract are to be
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completed by the time the final payment is made. All
advance payments are subject to the availability of
funds.
3. Advance funds may be temporarily invested by the provider
in an insured interest bearing account. All interest
earned on contract fund advances must be returned to the
Alliance at the end of the first quarter of the contract
period.
4. The provider may request extraordinary cash in addition
to the above advance requests in accordance with DOEA
Administrative Policy Memorandum Number A0012.
5. 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.
6. To submit a complete and accurate annual Service Cost
Report, DOEA Form 110, to the contract manager per
subcontract within sixty (60) calendar days of June 30th.
C. Termination:
1. Termination at Will
This contract may be terminated by either party upon no
less than thirty (30) calendar days notice, without
cause, unless a lesser time is mutually agreed upon by
both parties, in writing. Said notice shall be delivered
by certified mail, return receipt requested, or in person
with proof of delivery.
2. Termination Because of Lack of Funds
In the event funds to 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
12
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 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:
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John L. Stokesberry, Executive Director
9500 South Dadeland Boulevard
Suite 400
Miami, Florida 33156
(305) 670 -6500 SC 455 -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 La Torre
Monroe County Social Services
Public Service Building - Wing III
5100 College Road
Key West, Florida 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. Match
The total match for this contract period will be at least
$58,665.00. The provider's match will be made in the
form of cash and /or inkind resources. At the end of the
contract period, all Community Care for the Elderly funds
expended must be properly matched.
2. State Laws and Regulations
a. The provider agrees to comply with applicable parts
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of Rule 58C -1, Florida Administrative Code
promulgated for administration of section 410.029
Florida Statutes and the Department of Elder
Affairs Programs and Services Manual.
b. The provider agrees to comply with the provisions
of Sections 97.021 and 97.058, Florida Statutes,
and all rules related thereto in the Florida
Administrative Code.
3. 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.
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.
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g. Information Technology Resources
The provider must adhere to the Department of Elder
Affairs' 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 department'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.
4. Reports
The provider agrees to submit an annual report as
described in the Department of Elder Affairs Programs and
Services Manual by August 17, 1996.
5. 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 (1987), 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.
6. Grievance and Appeal Procedures
The provider will develop agency specific procedures as
instructed in the Department of Elder Affairs Programs
and Services Manual through which clients may request an
appeal.
16
7. 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 provider must
investigate allegations regarding falsification of client
information, service records, payment requests, and other
related information.
8. Signature
All contracts and amendments of the provider with the
Alliance must be signed by the President of the Board of
Directors of the provider or any other officer or member
of the board as designated by the Board of Directors.
9. Disaster
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. 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 disaster area.
10. Computer System Backup and Recovery
Each 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.
11. 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.
12. Volunteers
The provider will promote the use of volunteers as
prescribed in Section 430.07, Florida Statutes. In
17
addition, the provider will increase the use of
volunteers in the planning and service area by providing
training, technical assistance and funding, where
possible.
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
Public Service Building - Wing III
5100 College Road
Key West, Florida 33040
2. The name of the contact person, street address and
telephone number where financial and administrative
records are maintained:
Louis LaTorre
Public Service Building - Wing III
5100 College Road
Key West, Florida 33040
(305) 292 -4420
18
•
f
I. All Terms and Conditions Included:
This contract and its attachments as referenced,
Attachment I: Financial and Compliance Audits
Attachment II: Community Care for the Elderly Budget
Attachment III: Advance /Reimbursement Schedule
Attachment IV: Special Contract Provisions
contain all the terms and conditions agreed upon by the
parties.
IN WITNESS THEREOF, the parties hereto have caused this 24 page contract
to be executed by their undersigned officials as duly authorized.
MONROE COUNTY BOARD ALLIANCE FOR AGING, INC. FOR
PROVIDER: OF COMMISSIONERS DADE AND MONROE COUNTIES
SIGNE $ SIGNED
BY: BY. � �
NAME: Shirley Freeman NAME: CARLOS NOBLE
TITLE: Mayor /Chairman TITLE: PRESIDENT
DATE: June 22, 1995 DATE: 45 ----
FEDERAL ID NUMBER: 59- 6000749
PROVIDER FISCAL YEAR ENDING DATE: 9/30
ATTEST: DANNY L. KOLHAGE , CLERK
By 14"L--IQ C.
Deputy Cler
APPROVED AS TO F r
• . . LEGAL SUF
• (.1796
19
ATTACHMENT I
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 I: 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. John L. Stokesberry, Contract Manager for the Alliance (Two Copies)
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 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 -104A
9/30/92
20
1
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 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.
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. John L.Stokesberry, Contract Manager for the Alliance (Two copies)
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 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 -1048
9/30/92
21
ATTACHMENT II
COMMUNITY CARE FOR THE ELDERLY BUDGET
PSA XI Original X
Amendment
AGENCY: MONROE COUNTY BOARD OF COMMISSIONERS
1. Personnel $644,502.00
2. Travel $ 22,226.00
3. Building Space $ 0.00
4. Communications /Utilities $ 1,500.00
5. Printing /Supplies $ 9,498.00
6. Equipment $ 4,188.00
7. Meals /Meals Subcontracts $ 0.00
8. Service Subcontracts $ 0.00
9. Other $ 30,015.00
10. Indirect Cost $ 0.00
11. Budgeted Cash Costs $711,929.00
12. Budgeted In -Kind Costs $ 0.00
13. Total Budgeted Costs $711,929.00
14. LESS USDA Cash $ 0.00
15. Net Budget $711,929.00
16. LESS Program Income $ 10,000.00
17. LESS Local Share $173,942.00
18. Amount Requested $527,987.00
22
ATTACHMENT III
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
COMMUNITY CARE FOR THE ELDERLY
Submit to
Alliance on
Report or Before
Number Month Based On Date
1 July Advance* July 1
2 August Advance* July 1
3 September July Expenditure Report August 15
4 October August Expenditure Report September 15
5 November September Expenditure Report October 15
6 December October Expenditure Report November 15
7 January November Expenditure Report December 15
8 February December Expenditure Report January 15
9 March January Expenditure Report February 15
10 April February Expenditure Report March 15
11 May March Expenditure Report April 15
12 June April Expenditure Report May 15
13 July Adv. Recon. ** May Expenditure Report June 15
14 Aug. Adv. Recon. ** June Expenditure Report July 15
15 ** Final Request for Payment August 14
16 ** Closeout Report September 29
Legend: * Advance based on projected cash need.
** Submission of expenditure reports may or may not generate a
payment request. If final expenditure report reflects funds
due back to the Alliance, payment is to accompany the report.
Note # 1: Report #1 for Advance Basis Contracts cannot be submitted
until the contract with the Alliance has been executed.
Note # 2: A final request for payment may be submitted to the Alliance
by the provider up to 45 days after the contract has ended.
Note # 3: The last two months of the provider's fiscal reports covering
actual expenditures should reflect an adjustment repaying
advances for the first two months of the contract.
23
ATTACHMENT IV
SPECIAL CONTRACT PROVISIONS
In accordance with prescribed disaster preparedness and response guidelines
developed by the Department of Elder Affairs and /or the Alliance for Aging,
all service providers agree to submit to the Alliance on an annual basis, and
no later than March 30th, a disaster preparedness and response plan which
will include at a minimum, the following:
a. Activities undertaken to educate clients and the community
regarding disaster preparedness and response, and the needs of the
elderly.
b. Activities undertaken to identify the special needs of clients and
how these will be met in the event of a disaster.
c. Activities undertaken to participate with local, municipal and
county agencies to assist in the development of local disaster
preparedness and response plans which include the special needs of
the elderly.
d. Specific plans developed for the continuation and /or suspension and
resumption of service in the event of a disaster.
24