12/22/1993 01 /01 /94.
KG -451
1994 OLDER AMERICANS ACT ADVANCE /COST REIMBURSEMENT CONTRACT
TIIIS 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:
L Provider Responsibilities
A. Services to be Provided:
The Service Provider Application of the Monroe County Board of Commissioners for 1994, and any
revisions thereto approved by the Alliance, are referenced as a part of this legal contract between the
Alliance and the provider and prescribe the manner in which the provider will meet the requirements of the
Older Americans Act of 1965, as amended.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described in the 1994 Service Provider
Application of the Monroe County Board of Commissioners and HRSM 140 -1 and HRSM 55 -1. In the
event these manuals are revised, the contract will incorporate any such revision and the provider will be
given a copy of the revisions.
C. Federal Laws and Regulations:
1. The provider shall comply with the provisions of 45 CPR, Part 74, and /or 45 CFR, Part 92, and
other applicable regulations.
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.
3. 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,
4. The pmvidcr must, prior to contract execution, complete the Certification Regarding Lobbying
form, ATTACHMENT I. If a Disclosure of Lobbying Activities form, Standard Form LLL, is
required, it may be obtained from the contract manager. All disclosure forms as required by the
Certification Regarding Lobbying form must be completed and returned to the contract manager.
5.. he provider must, prior to contract execution, complete the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Contracts /Subcontracts, ATTACHMENT Ii.
D. Audits and Records:
The Provider Agrees:
1. To maintain hooks, 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.
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2. To assure that these records shall be subject at all reasonable times to inspection, /,view, audit,
copy, or removal from premises by state personnel and other personnel duly authorized by the
Alliance, as well as by federal personnel.
3. To maintain and file with the Alliance such progress, fiscal 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 by the Department of
Elder Affairs per the Management Information System policies.
5. To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT III 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.
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.
2. Persons duly authorized by the Alliance and federal auditors, pursuant to 45 CFR, Part 74.24(a),
• (b), and (d), and 92.42(c) (1) and (2) shall have full access to and the right to examine any of said
records and documents during said retention period.
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 1994 Service Provider 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
cenuitiraIs of this contract. Following such inspection the Alliance will deliver to the provider a ist
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 reasonabl° and acceptable
justification for not correcting the noted shortcomings. The provider': 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 subcontractors. Submission of
monitoring reports will be in accordance with Chapter 13, HRSM 140 - 1, and Chapter 7, HRSM 55-
1 and the Department of Elder Affair's Administrative Monitoring Instrument.
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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:
1. To be liable for and indemnify the Alliance against all claims, suits, judgements, or damages,
including court costs and attorney's fees, arising out of the negligent or intentional acts or otnissions
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, judgements, 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, judgements, 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 of the Alliance and not
an agent or employee.
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 contract.
Upon the execution of this contract. the provider shall furnislt.the Ailiar--e writtc , verification
supporting both the determination and existence of such insurance coverac e. S 'h 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.
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Safeguarding Information:
' The Provider Agrees:
Not to use or disclose any information concerning a recipient of services under this contract for any purpose
not in conformity with the state regulations and federal regulations (45 CFR, Part 205.50), except upon
written consent of the recipient. or his responsible parent or guardian when authorized by law,
J. Assignments and Subcontracts:
The Provider Agrees:
1. Alliance approval of the 1994 Service Provider Application shall constitute Alliance approval of the
provider subcontracts if the subcontracts follow the service and funding information identified in the
Service Provider Application. The provider must submit all contracts for services under the 1994
Service Provider Application to the Alliance for prior approval when the proposed subcontractor is
a profit making organization. No such approval by the Alliance of any assignment or subcontract
shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the
Alliance in addition to the total dollar amount agreed upon in this contract. All such assignments or
subcontracts shall be subject to the conditions of this contract and to any conditions of approval that
the Alliance shall deem necessary,
2. Unless otherwise stated in the contract between the provider and subcontractor, payments made by
the provider to the subcontractor must be within seven (7) working days after receipt by the
provider of full or partial payments from the Alliance in accordance with section 287.0585, Florida
Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the
provider and paid to the subcontractor in the amount of one half of one 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.
K. 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) calritdar dap without
prior notification from the Alliance, In the ever: that the .Miliance firs, 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.
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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 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 through contractual provision in their subcontracts with direct service
providers 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 arc required to carry out this contract
• shall be procured in accordance with the provisions of Section 403.7065, 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
',meriting from f deral finAncia 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 Discrirnination 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.
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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 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:
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. Where applicable, to submit bills for any travel expenses in accordance with Section 1I2.061,
Florida Statutes.
3. To provide units of deliverables, including reports, findings, and drafts as specified in this contract
and the 1994 Service Provider 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.
Q. Withholdings and Other Benefits:
The Provider is responsible for Social Security and Income Tax withholdings.
R. Sponsorship:
1. As required by Section 286.25, Florida Statutes, when sponsoring a program financed wholly or in
part by state funds, including any funds obtained through this contract, the provider assures that all
notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the program, research reports, and similar pub!ic notices prepared and released by dhe provider shall -
in >:luuc the statement: "Sponsored by the Monroe County Board of. Co mmissioners, the State of
Florida, Department of Elder Affairs, and the Alliance for Aging ". 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
Department of Elder Affairs or the Alliance for Aging for solicitation of funds.
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S. Final Request for Payment:
The Provider Agrees:
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 terns of this contract
may be withheld until all reports due from the provider, and necessary adjustments thereto, have been
approved by the Alliance.
T. Use of Funds For Lobbying Prohibited:
The Provider Agrees:
To comply with the provisions of Section 216.347, Florida statutes, which prohibits the expenditures of
contract funds for the purpose of lobbying the Legislature or a state agency.
II. Alliance Responsibilities
A. Contract Amount:
To pay for contracted services according to the conditions of this contract in an amount not to exceed
$465.998.00 subject to the availability of funds. The Alliance for Aging'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:
1. Pursuant to Section 215.422, Florida Statutes, the voucher authorizing payment of an invoice
submitted to the Alliance shall be filed with the State Comptroller not later than twenty (20) days
from the latter of the date a proper invoice is received or receipt, inspection and approval of the
goods or services, except that in the case of a bona fide dispute the voucher shall contain a
statement of the dispute and authorize payment only in the amount not disputed.
2. The date on which an invoice is deemed received is the date on which a proper invoice is first
received at the place designated by the Alliance. Invoices which have to be returned to a vendor
because of vendor preparation errors will result in delay in the payment. The invoice payment
requirements do not start until a properly completed invoice, as defined in Rule Chapter 3A -24,
Florida Administrative Code, is provided to the Alliance.
3. Approval and inspection of goods or services shall take no longer than five (5) working days unless
the bid specifications, purchase order or contract specifies otherwise. Such approval is for the
purpose of authorizing payments and does not constitute a final approval of services purchased
under this contract.
4. A payment is deemed to be issued on the first working day that payment is available for delivery or
mailing to the provider.
5. If a warrant in payment of an invoice is not issued within forty (40) days, or thirty -five days for
health care providers as defined in Rule Chapter 3A - 24, Florida Administrative Code, after the
receipt of the invoice and receipt, inspection, and approval of the goods and services, the Alliance
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shall pay to the provider, in addition to the amount of the invoice, interest at a rate of one (1)
percent per month calculated on a daily basis on the unpaid balance from the expiration of such
forty (40) day period, or thirty -five (35) day period for health care providers as defined in Rule
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Chapter 3A -24, Florida Administrative Code, until such time that the warrant is issued to the
provider. The temporary unavailability of funds to make a timely payment due for goods or
services does not relieve the Alliance from this obligation to pay interest penalties.
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 January 1. 1994 or on the date on which the contract has been signed
by both parties, whichever is later,
2. This contract shall end on December 31, 1994.
B. Method of Payment:
1. Payment may be on an advance and reimbursement basis in accordance with HRSM 55 -1 and
ATTACHMENT IV. All request for payment and expenditure reports that will be submitted to
support requests for payment shall be on DOEA Forms 105A and 106A. Duplication or replication
of both forms via data processing equiptnent is permissible but replications must include all data
elements in the same format as included on Alliance forms.
2. The provider may request a monthly advance for each of the first two months of the contract
period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances
must be maintained in the contract managers file. All payment requests for the third through the
twelfth months shall be based on the submission of monthly actual expenditure reports beginning
with the first month of the contract. The schedule for submission of advance requests is
ATTACHMENT IV to this contract. All advance payments are subject to the availability of funds.
3. The provider may request extraordinary cash in addition to the above advance requests in
accordance with DOEA Administrative Policy Memorandum Number A0012. •
4. Any payment due under the terms of this contract may be withheld pending the receipt and approval
by the Alliance of all financial and programmatic reports due from the provider and any adjustments
thereto.
5. All monies which have been paid to the provider which have not been used to retire outstanding
obligations of the contract being closed out must be refunded to the Alliance along with the
closeout package which is due within sixty (60) days after the contact period ending date.
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6. The provider agrees to implement the distribution of funds as detailed in the 1994 Service Provider
Application and the Budget Summary, ATTACHMENT V to this contract, Any changes in the
amounts of federal or general revenue funds identified on the Budget Summary form require a
contract amendment.
7. 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 and HRSM 55 -1.
b. To submit a contract closeout report to the Alliance as specified in HRSM 55 -1 or other
procedures to be determined by the Alliance.
c. 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 December 31st.
d. The completed Older Americans Act Annual Report is due to the contract manager on or
by October 1, 1994.
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. 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, the Alliance may, by written
notice to the provider, terminate this contract upon no less than twenty -four (24) hours notice. Said
notice shall be delivered by certified mail, return receipt requested. or in person 1 proof of
deliver)). If applicable, the Alliance may employ the default provisions `n Ch„ pter 6. A- 1:0060'
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Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be
deemed to he 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. During any suspension of the use of funds pursuant to the above paragraph, 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
John L. Stokesbcrry
Alliance for Aging, Inc.
9500 South Dadeland Blvd.
Miami, Florida 33156
(305) 670 -6500 SC 455 -6501
2. The name, address and telephone number of the representative of tlhc- p grid °r r spct?sible for
administration of the program under this contact is:
Louis LaTorre
Monroe County Board of Commissioners
5100 College Road, Wing III - Public Service Bldg.
Key West, FL 33040
(305) 292 -4420
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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 federal and /or state
revisions of any applicable laws, or regulations snake 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 operating budget of the Department of
Elder Affairs,
G. Special Provisions:
1. Nonexpendable Property
a. Nonexpendable properly 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 nonexpendablc 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 eispose of nonexpendable property p,Frchasc'd under this
contract except with the permission of, and in accordance with instructions frorn the
Alliance.
f. A revision to the 1994 Service Provider Application Budget 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 Affair's procedures and standards
when purchasing Information Technology Resources (ITR) as part of this contract. An 1TR
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 of Elder Affair's Management Systems director for the
purchase of any 'TR. The provider will not be reimbursed for any purchases made prior to
this written approval on the 1TR 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 $51,777.00. The provider's contribution will
be made in the form of cash and /or in -kind resources. At the end of the contract period, all Older
American Act funds must be properly matched.
3. Older American Act Funds
The provider and the Alliance agree to perform the services of this contract in accordance with all
federal, state and local laws, rules, regulations and policies that pertain to Older American's Act
funds.
4. Fees for Services
The provider assures that Older Americans Act paid staff will not assess nor collect fees from
eligible clients for Older Americans Act funded services. Subcontractors may charge fees for
services not paid for with Older Americans Act funds to those persons who are able to pay part or
all of the cost of services.
5. Carry Forward Funds
Federal fiscal year funding provided in this contract is subject to substitution by prior year's carry
forward funds in accordance with procedures identified in Section 4 -15, HRSM 55 -1 or other
procedures determined 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.
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6. Copyright Clause
Where activities supported by this contract produce original writing, sound recordings, pictorial
reproductions, drawings or other graphic representation and works of any similar nature, the
Alliance has the right to use, duplicate and disclose such materials in whole or part, in any manner,
for any purpose whatsoever and to have others acting on behalf of the Alliance do so.
If the materials so developed are subject to copyright, trademark or patent, then legal title and every
right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or
application for the same, will vest in the State of Florida, Department of State, for the exclusive use
and benefit of the state. Pursuant to Section 286.021, Florida Statutes (1987), no person, firm
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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 Fair Hearing Procedures
The provider will assure through contractual provisions that service provider agencies utilize the fair
hearing system outlined in 10A- 11.07(e) Florida Administrative Code.
8. Investigation of Allegations
Any report that implies criminal intent on the part of a service provider agency and referred to the
state attorney must be sent to the Alliance. The Alliance must investigate allegations regarding
falsification of client information, service records, payment requests, and other related information.
9. Signature
All contracts and amendments 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. In the instances where the provider is a
public entity, the contract must be signed by the appropriate public official.
10. Disaster
In the event thc 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 thc 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.
11. Computer System Backup and Recovery
As defined in Chapter 44- 4.070, Florida Administrative Code, cach provider, among other
requirements, must anticipate and prepare for the loss of infonnatlon processing capabilities.
The routine backing up of data and software is required to recover from losses or outages of
the computer systcm. Data and software essential to the continued operation of agency
functions must be backed up. The security controls over the backup resources shall be as
stringent as the protection required of the primary resources.
12. information and. Referral
The provider will coordinate with the Information and Referral sites in their planning and
service area to Insure the maintenance of the Information and Referral database.
13
vA,L ki -
13. Volunteers
The provider will promote the use of volunteers as prescribed in Section 306(a)(12), Older
Americans Act and Section 430.07, Florida Statutes. Ln 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
5100 College Road, Wing II1 - Public Service Bldg.
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
Monroe County Board of Commissioners
5100 College Road, Wing III - Public Service Bldg.
Key West, FL 33040
(305) 292 -4420
I. All Terms and Conditions Included;
This contract and its attachments as referenced,
Attachment I: Certification Regarding Lobbying
Attachment II: Certification Regarding Debartnent
Attachment III: Financial and Compliance Audits
Attachment IV: Advance /Reimbursement Schedule
Attachment V: Summary Budget
Attachment VI: Special Contract Provisions
Attachment VII: Service Provider Application
contain all the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF, the parties hereto have caused this 22 page contract to be executed by their undersigned
officials as duly authorized.
ALLIANCE FOR AGING, INC.
PROVIDER: FOR DADE AND MONROE COUNTIES
Monroe C. ty Board of Commissioners
SIGN � /
SIGNED
B Y: . BY:
,' E: Jack London NAME: ROSEBUD L. FOSTER, Ed.D.
TITLE: Mayor /Chairma TITLE: PRESIDENT
DATE: 12/22/93 DATE:
FEDERAL ID NUMBER: 59- 6000749
PROVIDER FISCAL YEAR ENDING DATE:
APPROVED AS 7
(Seal) • L, L, - Alf
Attest: DANNY L. KOLHAGE, Clerk 14 B � i i ���l
S.:,r 7ay � , i
.6495 Deputy Clerk C =; /2 --zoo
01!01194
•
ATTACHMENT I
CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS,
GRANTS, LOANS AND COOPERATIVE AGREEMENT
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal grant, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required
certificaton shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each failure
.," ' Ns'Ar--P*7.C._- /0 _____
Date
O Jack London KG-451
Name of Authorized Individual Application or Contract Number
Iv onroe County Epai J of Commissioners
51 0 College Road. W ing 1 I - Public Service Bl
Key West, FL 33040
Name and Address of Organization DOEA Form 103
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
d A , Deputy Clerk
15
U 1 /O 1 /94
ATTACHMENT II
CERTIFICATION REGARDING
DEB ,k ENT SU PE • N INELI IBI AND VOL L RV EXCL I 1 k
CONTRATS /SUBCONTRACTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Reg., pages 20360- 20369).
(1) The prospective provider certifies, by signing this certification, that neither he nor his
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in contracting with the Alliance 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 an explanation to this certification.
a/2,2/e
S' :nature Date
Jack London - Mayor /Chairman
Name and Title of Authorized Individual
•
Monroe County Board of Commissioners
Name of Organization
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
DOEA Form 112A
October 1993
_/ _ /_ _ f 1/7 Clerk
/
16
01/01/94
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 Alliance for Aging nor its contract providers can contract with providers if they
are debarred or suspended by the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this
contract is entered into, If it is later determined that the signed knowingly rendered an
erroneous certification, the Federal Government may pursue available remedies, including
suspension and/or debarment.
3. The provider shall provide immediate written notice to the contract manager at any time the
provider 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 Alliance for Aging and its contract providers may rely upon a certification of a provider
thai is not d i a rec1 suspended, ineligible, or voluntarily exclude from
contractmgl ubconiracting unless it knows that the certification is erroneous.
DOEA Norm 11211
October 1993
17
1W I;94
•
• 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 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 (Please submit two (2) copies to
the Alliance.)
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 th ru1,.Fl 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 Farm 104A
9/30/92
18
01/01/94
PART 11 : GRANTS AND AIDS AUDITIATTESTATION
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 Tess 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 reports) 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 (Please submit two (2) copies to the Alliance.)
8. 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 625,000 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.
poEA Form 1045
9130192
19
01101/94
• ATTACHMENT IV
CONTRACT REPORT CALENDAR
•
ADVANCE BASIS CONTRACT
TITLE III
Submit to
Alliance on
Report or Before
Number Month Based On Date
1 January Advance* January 1
2 February Advance* January 5
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 Report October 5
12 December October Expenditure Report November 5
13 November Expenditure Report December 5
14 December Expenditure Report January 5
15 Final Request for Payment February 14
16 Final Closeout Report March 1
Legend: * Advance based on projected cash need.
Submission of expenditure reports may or may not generate a
payment request. If the closeout report reflects funds due
back to the Alliance, payment is to accompany the report.
Note # 1: A final request for payment may be submitted to the Alliance
by the provider up to 45 days after the contract has ended.
20
01/01/94
ATTAC V
1994 OAA BUDGET' SUMMARY
Name of Agency: Contract No. KG -451 Original XXX
Monroe County Board of Commissioners
Distribution of Award by Title
Federal Share
Title III -B $186,533.00
Title III-C1 $126,047.00
Title III -C2 $126,072.00
Title I11 -D $ 19,031.00
Title III -F $ 8,315.00
Title VI! $ 0.00
TOTAL FEDERAL AMOUNT $465,998.00
21
•
ATTACHMENT VI
SPECIAL CONTRACT PROVISIONS
1. 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:
a. Activities undertaken to educate clients and the community regarding disaster
preparedness and the needs of the elderly.
b. Activities undertaken to identify the special needs of clients and how these will
he 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 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.
22
Commitment of Cash Donation
•
C
it
Agency Name: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ! '
Donor Identification:
Name JACK LONDON
Street RT.2 -BOX 674B
City SUMMERLAND KEY State a• Zip 33042
Phone / -4641
Authorized Representative:
Amount/
Total Amount # Payments Payment Contribution Period
$ 51,777.56 12 $ 51,777.56 1/1/94- 12/31/94
( Special Conditions:
Donor Certification:
I hereby certify intent to make the cash donation set forth above for use in the
specified program to use during the program's upcoming fundiin period. T, casi.
is not included as contribution for any other State or Federal assisted program 01 any
Federal contract and is not borrtg by the Federal Government directly under any
Federal grant or contract.
Signature of Donor or Representative /
ate
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
73
Deputy lerk
• AVAILABILITY OF DOCUMENTS
•
The undersigned hereby gives full assurance that the following documents are maintained in the
administrative office of the provider agency and will be filed in such a manner as to ensure ready access for
inspection by the DOEA, AAA or its designee(s) at any time. The agency will furnish copies of these documents
to the AAA Contract Manager upon request for maintenance in the AAA.
1. Current Board Roster
2. Site List (Congregate Meal Providers Only)
3. Articles of Incorporation
4. Corporate By -Laws
5. Advisory Council By -Laws and Membership
6. Corporate Fee Documentation
7. Insurance Coverage Verification
8. Bonding Verification
9. Staffing Plan
a. Position Description
b. Pay Plan
c. Organizational Chart
d. Executive Director Resume
10. Personnel Policies Manual
11, Financial Procedures Manual
12. Functional Procedures Manual
13. Affirmative Action Plan
14. Interagency Agreements
15. Equipment Inventory
16. Program Income and Contributions System
17. Catering and Other Subcontracts
Certified By Authorized Agency Official:
I hereby certify that the documents identified above currently exist and are properly maintained in the administration
office of this agency. Assurance is given that the Area Agency on Aging or its designee(s) will be given
immediately access to these documents, upon request.
_ :1JACK ),ONDON
Date: /403 Title: MAYOR
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
, Deputy Clerk -
c
85
.�i
SECTION 504 ASSURANCE (HANDICAPPED)
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
The undersigned (hereinafter called the "recipient" HEREBY AGREES THAT it will comply with Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), all requirements imposed by the
applicable HHS regulation (45 C.F.R. Part 84), and all guidelines and interpretations issued pursuant
thereto.
Pursuant to 84.5 (a) of the regulation [45 C.F.R. 84 (a)], the recipient gives this Assurance in
consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, (except
procurement contracts and contracts of insurance or guaranty), property, discounts, or other federal
financial assistance extended by the Department of Health and Human Services after the date of the
Assurance, including payments or other assistance made after such date on applications for federal
financial assistance that were approved before such date. The recipient recognizes and agree that
such federal financial assistance will be extended in reliance on the representations and agreements
made in his Assurance and that the United States will have the right to enforce this Assurance through
lawful means.
This Assurance is binding on the recipient, its successors, transferees, and assignees, and the person
or persons whose signatures appear below are authorized to sign this Assurance on behalf of the
recipient. •
This Assurance obligates the recipient for the period during which federal financial assistance is
extended to it by the Department of Health and Human Services or provided for in 84.5(b) of the
C regulation [45 C.F.R. 84.5(b)]. The recipient:
a. ( ) employs fewer than fifteen persons;
b. employs fifteen or more persons and pursuant to 84.7(a) of the regulation [45 C.F.R.
84.7(a)], has designated the following person(s) to coordinate its efforts to comply
with the HHS regulation.
Name of Designee(s) MONROE COUNTY BOARD OF COUNTY COMMTSST()NF.RS
Recipient Street Address: 5100 COLLEGE ROAD
City: KEY WEST State: FLORIDA Zip: 130A0
IRS Empf. _ I.D. Number: 03- 00021 -0354
Signatu -�/ . d title o u?h"rsz fFltoitrF:
X '��`____ -401 _._. Date:_kVA0
Ti MAYOR
certify that the above information is complete and correct to the best of my knowledge.
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
, Deputy Clerk
86
4 1 . ∎ I% _— - -- _
GENERAL AMERICANS ACT -
ALASSURANCES
45 C.F.R. 1321 Subpart D - Service Requirements
1321.65 Responsibilities of Service Providers under Area Plans.
Service Providers assure that they will:
1321.65 (a) Provide the Area Agency on Aging, in a timely manner, statistical and other information
which the Area Agency on Aging requires in order to meet its planning, coordination, evaluation and
reporting requirements established by the State under 1321.13.
1321.65 (b) Specify how the provider intends to satisfy the service needs of low- income minority
individuals in the area served in at least the proportion to the number of low- income minority older
persons in the population served by the provider.
1321.65 (c) Provide recipients with an opportunity to contribute to the cost of the service as provided
in 1321.67.
1321.65 (d) With the consent of the older person, or his or her representative, bring to the attention
of appropriate officials for follow -up, conditions or circumstances which place the older person, or the
household of the older person, in imminent danger.
1321.65 (e) Where feasible and appropriate, make arrangements for the availability of services to older
persons in weather related emergencies. -
1321.65 (f) Assist participants in taking advantage of benefits under other programs.
1321 (g) Assure that all services funded under this part, (of 45 C.F.R. 1321), are coordinated with
other appropriate services in the community, and that these services do not constitute an unnecessary
duplication of services provided by other sources.
Provider Name: MONROE 1 $ • ∎ Y COMMISSIONERS
Address: 5100 COLLEGE ROAD
KEY WEST. FL. 33040
I.D. Number: 03 -00021 -0354
Signature of A . ized Of al. '
Date:_ ,
Title: MAYOR
iJ /
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
, Deputy Clerk
87
4 I CIVIL RIGHTS ASSURANCE
ASSURANCE OF COMPLIANCE WITH
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION UNDER
(` TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
MONROE COUNTY BOARD OF COMMISSIONERS , (Hereinafter ( "Applicant ") HEREBY AGREES THAT it will
comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and all requirements imposed by or
pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80) issued
pursuant to the title, to the end that, in accordance with Title VI of that Act and the Regulation, no
person in the United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Applicant receives Federal financial assistance from the Department;
and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate
this agreement. If any real property or structure thereon is provided or improved with the aid of
Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate
the Applicant, or in the case of any transfer of such property, any transferee, for the period during
which the real property or structure is used for a purpose for which the Federal financial assistance
is extended or for another purpose involving the provision of similar service or benefits. If any personal
property is so provided, this assurance shall obligate the Applicant for the period during which it retains
ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant
for the period during which Federal financial assistance is extended to it by the Department. THIS
ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants,
loans, contracts, property, discounts or other Federal financial assistance extended after the date
hereof to the Applicant by the Department, including installment payments after such date on account
of the applications for Federal financial assistance which were approved before such date. The
Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on
the representations and agreements made in this assurance, and that the United States shall have the
right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, it's
successors, transferees, and assignees, and the person or persons whose signatures appear below are
authorized t• - • n this assurance on behalf of the Applicant.
✓ Date: / .9�
Title: MAYOR
Sign )ture and Title of Authorized Official
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
i
1a / ___4 �Art, Deputy Clerk
•
i
•88