12/10/1997 Contract KG -851
1998 OLDER AMERICANS ACT 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:
Provider Agrees:
A. Services to be Provided:
The Service Provider Grant Application of the Monroe County Board of Commissioners for
1998, and any revisions thereto approved by the Alliance, are incorporated by reference in this
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 1998 Service
Provider Grant Application of the Monroe County Board of Commissioners and the Department
of Elder Affairs Programs Management Manual. In the event this manual is 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 Alliance's 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 II.
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.
1
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 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 all contractors, subcontractors, subgrantees, or others
with whom it arranges to provide services, will comply with the above laws and
regulations.
2
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.
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 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 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
3
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 contract. Upon 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 State of
Florida's central abuse registry and tracking system on the single statewide toll -free telephone
number (1- 800- 96ABUSE).
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
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 County 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.
4
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.
O. Employment
If the provider is a non - governmental organization, it is expressly understood and agreed the
provider will not knowingly employ unauthorized alien workers. Such employment constitutes
a violation of the employment provisions as determined pursuant to section 274A(e) of the
Immigration Nationality Act(INA), 8 U.S.C. s.1324 a (e)1 "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 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 Management Manual.
5. To provide a financial and compliance audit to the Alliance as specified in
ATTACHMENT III and to ensure all related party transactions are disclosed to the
auditor.
•
5
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 IIIC2 Home Delivered Meals
93.046 Title IIID In -Home Services
8. This contract is funded from a grants and aids appropriation.
Q. 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 and Incident Reporting:
1. To provide progress reports, including data reporting requirements as specified by the
Alliance. These reports will be used for monitoring progress or performance of the
contractual services as specified in the 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.
3. The provider will notify the Alliance within 48 hours of conditions that could impair
continued service delivery. Reportable conditions may include:
6
•
• proposed client terminations
• provider financial concerns /difficulties
• service documentation problems
• contract non - compliance
• service quality and consumer complaint trends.
The Alliance will provide the Department of Elder Affairs with a brief summary of the
problem(s) and proposed corrective action plans and timeframes for implementation.
S. Safeguarding Information:
Except as provided for Alliance auditing and monitoring purposes, 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 1998 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 1998 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 1,
Paragraph K.1., and Section II. Paragraph B.) and to any conditions of approval that the
Alliance shall deem necessary. Section 1, Paragraph N. is only applicable to state
agencies or subdivisions of the state.
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
7
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.
a. The provider shall return any overpayment to the Alliance within forty (40)
calendar days after either discovery by the provider, or notification by the
Alliance, of the overpayment.
b. In the event the provider or its independent auditor discovers an overpayment
has been made, the provider shall repay said overpayment within forty (40)
calendar days without prior notification from the Alliance. In the event 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 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 $404,070.00 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 five
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 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.
8
•
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 (850) 488 -2924 or by calling the State Comptroller's Hotline,
1- 800 - 848 -3792.
III. Provider and Alliance Mutually Agree:
A. Effective Date:
1. This contract shall begin on January 1, 1998 or on the date the contract has been
signed by both parties, whichever is later.
2. This contract shall end on December 31, 1998.
B. Method of Payment:
1. This is an advance and fixed rate contract.
2. The Alliance shall make payment to the provider for a total dollar amount not to exceed
$404,070.00, subject to the availability of funds. Rates listed in paragraph B -3 are the
Alliance's share not to exceed 90% of the gross cost per unit of service.
3. The Alliance shall make payment to the provider for provision of services up to a
maximum number of units of service and at the rate(s) stated below:
Service to Unit of Unit Maximum Maximum
be Provided Service Rate Units Dollars
Information 1 person informed $ 3.447916 1,824 $ 6,289
Referral 1 person referred $ 3.091008 1,824 $ 5,638
Cong. Meals 1 meal served $ 7.583681 22,000 $166,841
Nutrition Ed. 1 presentation $ 36.90 180 $ 6,642
Outreach 1 contact $ 97.70 100 $ 9,770
HmDel Meals 1 meal delivered $ 4.87.8555 36,000 $175,628
Nutrition Ed. 1 mailout or face
to face prsntn $374.833333 12 $ 4,498
Homemaker(D) 1 hour $ 22.810467 1,261 $ 28,764
4. All request 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.
5. 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
9
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.
6. 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.
7. The provider agrees to implement the distribution of funds as detailed in the 1998
Service Provider Grant Application and the Budget Summary, ATTACHMENT V to this
contract. Any changes in the amount of federal funds identified on the Budget
Summary form require a contract amendment.
8. 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
1, 1998. The Alliance will obtain the remaining report sections from the Client
Information, Registration and Tracking System.
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 notice shall be delivered by certified mail, return receipt
10
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, provide reports, rectify deficiencies noted by the
Alliance within the time specified by the Alliance, use 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: corrective actions necessary to
remove the suspension; the provider's right to an administrative hearing; and, the
appropriate time period to request an administrative hearing before the effective date
of the suspension (unless provider actions warrant an immediate suspension).
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 -6500
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 111
Key West, FL 33040
(305)292 -4420
11
3. In the event 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. 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 not circulated to
students or the general public, with a value or cost of $100 or more. Hardback
books with a value or cost of $25 or more should be classified as an OCO
expenditure only if they are circulated to students or to the general public.
b. All property, purchased under this contract or purchased by the Department of
Elder Affairs 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 property purchased under this contract shall be inventoried annually. An
inwentory report will be submitted to the Alliance upon request by the Alliance.
d. Title (ownership) to all property acquired with funds from this contract or
otherwise purchased by the Department of Elder Affairs shall be vested in the
department 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 budget amendment is required to be submitted and approved by the Alliance
contract manager prior to the purchase of any item of nonexpendable property
not specifically listed in the approved budget.
12
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 $44,897. 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 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. Co- payments for Services
The provider assures Older Americans Act paid staff will not assess nor collect co-
payments from eligible clients for Older Americans Act funded services. The provider
may charge fees for services not paid for with Older Americans Act funds to those
persons 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,
13
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
In accordance with ATTACHMENT VII, Minimum Guide lines for Recipient Grievances
Procedures, the provider will develop procedures for handling complaints from persons
who complain that service has been denied, terminated or reduced improperly.
8. Investigation of Allegations
Any report that implies criminal intent on the part of this provider or any service
provider agency and referred to the state attorney must be sent to the Alliance. The
Alliance must investigate allegations regarding falsification of client information, service
records, payment requests, and other related information.
9. 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
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 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, 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.
10. 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.
11. Business Hours
Service provider agencies must at a minimum maintain business hours from 8:00 AM
to 5:00 PM daily, Monday through Friday.
14
12. Client Information and Registration Tracking System (CIRTS)
a. The Alliance shall employ a Local Area Network (LAN) Administrator who shall
assure Area Agency on Aging compliance with the requirements of the "LAN
Administrator Guidelines" adopted by the department. These "Guidelines"
delineate the roles and responsibilities of the Local Area Network Administrator.
The Alliance shall assure any other support necessary for full "LAN
Administrator Guidelines" compliance.
b. The Alliance 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.
c. 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.
d. The provider will run monthly CIRTS reports and verify client and service data
in the CIRTS is accurate. This report must be submitted to the Alliance with
the monthly request for payment and expenditure report to be reviewed by the
Alliance before the service provider's request for payment and expenditure
reports can be approved by the Alliance..
e. Failure to ensure the collection and maintenance of the CIRTS data may result
in the Alliance enacting the "Suspension" clause of this contract (see Section
III, D.).
f. 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.
13. Client Outcomes
a. The provider will develop client outcome measures consistent with those
developed by the Department of Elder Affairs, including the following:
• Elders will live in the least restrictive and most appropriate setting
• Services will be provided to those elders most in need
• Frail elder functional status is maintained or improved
• Long -term care resources are efficiently and effectively used
• Client environment is maintained or improved
• Social interaction is improved
15
• Nutritional risk is reduced
• Caregiver emotional and physical health are maintained or improved
• Elders, families and /or caregivers are better informed so that elders are
better able to exercise autonomy and make informed choices
b. In preparation for performance -based program budgeting, the department will
set targets for the performance of outcome measures. These targets will be
amended into contracts. The provider will be responsible for achieving these
targets.
14. Prioritization Policies
The provider shall develop and implement policies and procedures to ensure Older
Americans Act funded services are provided to those with greatest social and economic
need, with particular attention to low- income minorities. Individuals who have two
residences and who are requesting services shall be referred to the Community Care
for the Elderly Co- payment for Service program. These policies and procedures are to
be furnished to the Alliance as part of the service provider application or when
requested by the Alliance.
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 111
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 111
Key West, FL 33040
(305) 292 -4420
16
}
IN WITNESS THEREOF, the parties hereto have caused this 27 page contract to be executed by their
undersigned officials as duly authorized.
PROVIDER: MONROE COUNTY BOARD ALLIANCE FOR AGING, INC FOR DADE
OF COMMISSIONERS AND MONROE COUNTIES
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGNED SIGNEpF�f�J/� _
BY: i' BY: ���� .,
r
N , l }Ck LQN.Pv NAME: WILLIS N. MURRAY
TITLE: /14A Vg., TITLE: PRESIDENT
DATE: / 7i //D q 7 DATE: / O ? 7 / / 7
FEDERAL ID NUMBER: 59- 600749
PROVIDER FISCAL YEAR ENDING DATE: 9/30
APPRO D AS TO FORM
A • GAL SUFFICIEN
BY .4►.rA. , .., .L%
- i7NNE •.,U '''ON
DATE
N
`' Ity/Y L. KOLHAGE, CLERK
C. I
DEPUTY CLER
17
t
ATTACHMENT I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENT
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or an employee of any state or federal agency, a member
of congress, an officer or employee of congress, an employee of a member of congress or an officer or
employee of the state legislature, in connection with the awarding of any federal grant, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalt not less than $10,000 and not more than $100,000 for each such failure.
/Z /P>/97
S' •('nature \ Dat
NJ,N KG -851
Name of Authorized Individual Application or Contract Number
Monroe County Board of Commissioners
5100 College Road - Wing III
Key West, FL 33040
Name and Address of Organization
DOEA Form 103 ��-- --
i s
J.
VED A S T FOR t; \..
-- \ l },
APPRO IE / E
a AL UFF IC P ,
7 �..�! ST tDA+u • + L KOLHAGE, CLERK
r ip NNE • H TTON • • • C. (Qnag
DATE DEPUTY CLERK
18
ATTACHMENT II
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS /SUBCONTRACTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Reg., pages 20360- 20369).
(1) The prospective 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 prospective provider shall attach ai4 explanation to this certification.
i
Sig -
l a - t o -h-t
Date
J4c MA y9rZ
Name and Title of Authorized Individual _
/.0 ' 1 1•' x^) E' 4 ;q,
,
6
47.74 , , \
`(; . * . . DANN.Y L. KOLHAGE
Monroe County Board of Commissioners t S ,CLERK
Name of Organization �� DEPUTY CLERK
s
DOEA Form 112A APPROV
October 1993 AND A AS FOR FOR ,
NNE •L,t/� /
A• U O
DATE /Z
19
1
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY 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
20
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
21
PART II : 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 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 III: 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 104B
9/30/92
22
ATTACHMENT IV
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
TITLE III
Report Submit to the Alliance
Number Month Based On 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, 1999
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.
23
• ATTACHMENT V
1998 OAA BUDGET SUMMARY
Name of Agency: Monroe County Board of Commissioners Contract No. KG -851
Distribution of Award by Title
Federal Share
Title III -B $ 11,927
Title III C -1 $183,253
Title III C -2 $180,126
Title III -D $ 28,764
Title III -F $ 0
TOTAL FEDERAL AMOUNT $404,070
24
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.
25
ATTACHMENT VII
MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES
APPLICABLE TO ALL ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS
IN SERVICE; TRANSFERS OR DISCHARGES; AND ADVERSE DETERMINATIONS RELATING TO
SCREENING OR ANNUAL REVIEW.
NOTICE OF DECISION OF ACTION TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURE FOR
REVIEWING THAT DECISION
• Notice of decision and an explanation of the grievance procedure must be mailed no less than 30 calendar*
days prior to the date action will be taken. Prior notice is not applicable where the health or safety of the
individual is endangered if action is not taken immediately; however, notice must be made as soon
thereafter as practicable.
• The Notice must contain:
a statement of what action is intended to be taken;
the reasons for the intended action;
the specific law, rule, regulation, or change of law that requires the action;
an explanation of the individual's right to a grievance review if requested in writing and delivered
within 14 calendar* days of the Notice postmark (assistance in writing, submitting and
delivering the request must be offered and available to the individual),
the individual's right, after a grievance review, for further appeal,
the right to seek redress through the courts if applicable;
an explanation of the circumstances under which current benefits, if any, are continued if a
grievance review is requested, and until a final decision is made to discontinue services;
and
a statement that the individual may represent herself or use legal counsel, a relative, a friend, or
other qualified representative in the requested review proceedings.
• All records of the above activities must be preserved and remain confidential.
GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW
• Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of
the request by a written statement delivered to the requester. This statement must also provide notice of:
the time and place scheduled for the review;
the designation of one or more impartial reviewers who have not been involved in the decision at
issue;
the opportunity to examine, at a reasonable time before the review, the individual's own case
record, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference
at a reasonable time before or during the review;
a contact person for any accommodations required under the Americans with Disabilities Act;
assistance, if needed, in order to attend the review; and
the stopping of the intended action until all appeals are exhausted.
• All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial
reviewers who have not been directly involved in the initial determination of the action in question.
• The reviewer(s) must provide written notification to the requester within 7 calendar* days after the
grievance review of:
26
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding
continuation of current benefits until all appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging by written request
within 7 calendar* days;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate
agency;
the opportunity to be represented by herself or by legal counsel, a relative, a friend or other
qualified representative.
PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL
TO THE AREA AGENCY ON AGING
• Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must
acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This
statement must also provide notice of:
the time and place scheduled for the appeal;
the designation of one or more impartial AAA officials who have not been involved in the
decision at issue;
the opportunity to examine at a reasonable time before the appeal the individual's own case record
to date, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference
during the appeal;
assistance, if needed, in order to attend the appeal; and
the stopping of the intended action until all appeals are exhausted.
• All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more
impartial AAA officials who have not been directly involved in the initial determination of the action in
question.
• The designated AAA official(s) must provide written notification to the requester within 7 calendar* days
after considering the grievance review appeal of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding
continuation of current benefits until all appeals are exhausted;
the individual's right to appeal, if applicable; and
the availability of assistance in requesting a fair hearing, including a notice regarding
accommodations as required by the ADA.
Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision. For
Medicaid Waiver actions, the written notification must also provide notice of the individual's right
to appeal an adverse decision to the Agency on Health Care Administration (AHCA) for a fair
hearing procedure (Medicaid Waiver actions only).
All records of the above activities must be preserved and remain confidential.
* In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed
shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end
of the next day which is neither a Saturday, Sunday, or legal holiday.
NOTE: ALSO SEE 42 C.F.R. 431.200 -.246 and AHCA Rules 59G- 1.010185), (98) and (99), F.A.C., "Fair Hearings,"
"Grievance," and "Grievance Procedure."
27