10/20/1994 _ Area Agenc on Agin for Dade and Monroe Counties
November 8, 1994
� ALLIANC :`
Louis La Torre, Executive Director -
For ��o N ,
AGING, Monroe County Social Services `� " ;1'
Inc. Wing III- Public Service Bldg. , " = .
5100 College Road ter i �1 r.
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Key West, FL 33040 �' �' ~ t
OFFICERS SUBJECT: Contract US -551 \ ° N. f
ROSEBUD L. FOSTER, Ed. D. "�'- ) ' _-
Dear Louie:
JOSE T. SANCHEZ, M.D.
V:« P.e.:deot Enclosed please find an executed copy of your 1994 -95 USDA Rate
Agreement.
GENEVA MILLER
Secretary
As per the 1995 OAA Service Provider Application you have submitted,
CARLOS NOBLE spending authority is hereby granted as follows:
T....oRr
. BOARD MEMBERS
HON. MATILDE AGUIRRE Maximum Units Maximum Dollars
MARIE E. BELL
ROSLYNBERRIN Title III C -1 23,615 $14,514.00
MILTON BRAHMS
FRANK CASTANEDA Title III C -2 30,521 18 758.00
PAUL CEJAS, CPA , ,
NICK COPPOLA
ROBERT EBERST TOTAL 54,136 $33,272.00
HENRY FIALLO
C. A. FRANKENHOFF, Ph. D.
RAMONA FRISCHMAN, Ph. D.
COMM. WIFREDO GORT Shoul s u have any questions please call Loretta Kushner (670-6503) or m
CHARLES GRAY Y q P ( ) my
NORMA LEMBERG - f.
MELVIN LEVITT, E.
COMM. NATASHA MILLAN
WILLIS N. MURRAY , Sincerer ,
ELLEN OPPENHEIMER
JEAN JONES PERDUE, M.D.
COMM. MARY KAY REICH CO
CARLOS SABATER, CPA
MARTIN URRA Pedro Jove
HENRIETTA WATERS, Ph. D.
J.A. ZISKIND, Esq. Assistant Director
EXECUTIVE DIRECTOR Encl.
JOHN L. STOKESBERRY
9500 South Dadeland !I .ulevard, Sure 400, Miami, ]Florida 33156, (305) 670 - 6500 Fax (305) 670 - 6516
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10/1/94 Rate Agreement No. US -551
1994 -95 STANDARD
USDA RATE AGREEMENT
THIS RATE AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance ", and Monroe County Board
of Commissioners, hereinafter referred to as the "provider ".
THE PARTIES AGREE:
I. The Provider Responsibilities:
A. Upon receipt of a prior authorization for services from Alliance staff, to provide the following services: The purchase of United States produced
agricultural and other food commodities for use in nutrition projects operating under approved Title III contracts for nutrition services with the
provider. Prior authorization for these services will be provided by the Alliance for Aging or its designee.
B. To provide services which meet departmental standards as defined in: the Department of Elder Affairs Programs and Services Manual and
HRSM 55 -1.
C. Federal Laws and Regulations
1. If this rate agreement contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and /or 45 CFR, Part 92,
and other applicable regulations as specified in this rate agreement.
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. If this rate agreement contains federal funds and is over $100,000, 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 regulations (40 CFR Part 15). The
provider shall report any violations of the above to the Alliance.
4. If this rate agreement contains federal funding in excess of $100,000, the provider must, prior to rate agreement 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 no more than ten (10) days after contract execution.
5. The provider must prior to contract execution, complete the Debarment, Suspension, Ineligibility and Voluntary Exclusion form,
ATTACHMENT II.
D. Audits and Records
The Provider Agrees:
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
rate agreement.
2. To assure that these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state
personnel and other personnel duly authorized by the Alliance, as well as by federal personnel, if applicable.
3. To maintain and file with the Alliance such progress, fiscal and inventory and other reports as the Alliance may require within the period
of this rate agreement. Such reporting requirements must be reasonable given the scope and purpose of this rate agreement.
4. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs Programs and Services
Manual. To assure program specific data is recorded and submitted in accordance with Department of Elder Affairs information
system instructions.
5. To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT 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.
7. This rate agreement contains federal funds. The Catalog of Federal Domestic Assistance (CFDA) number is 10.570.
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8. This rate agreement is funded from a grants and aids appropriation.
E. Retention of Records
The Provider Agrees:
1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic
storage media) pertinent to this rate agreement for a period of five (5) years after termination of this rate agreement, 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.
F. Monitoring
1. 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 rate agreement, and /or interview any clients and employees of the provider to be assured of satisfactory
performance of the terms and conditions of this rate agreement. Following such inspection the Alliance will deliver to the provider a list
of its comments with regard to the manner in which said goods or services are being provided. The provider will rectify all noted
deficiencies provided by the Alliance within the specified period of time set forth in the comments, or provide the Alliance with reasonable
and acceptable justification for not correcting the noted shortcomings. The provider's failure to correct or justify within a reasonable time
as specified by the Alliance may result in the withholding of payments, being deemed in breach or default, or termination of this rate
agreement.
2. Submission of monitoring reports will be in accordance with the Department of Elder Affairs Program and Services Manual and the
department's Administrative Monitoring Instrument.
G. Indemnification
If the provider is a state agency or subdivision as defined in section 768.28, Florida Statutes, only Number 5 below is applicable. Other than
state agencies or subdivisions refer only to Numbers 1 through 4.
The Provider Agrees:
1. To be liable for and indemnify the Alliance against all claims, suits, judgments, or damages, including court costs and attorney's fees,
arising out of the negligent or intentional acts or omissions of the provider, and its agents, subcontractors, and employees, in the course
of the operation of this rate agreement.
2. To defend the Alliance, upon receiving timely written notification from the Alliance, against all claims, suits, judgments, or damages,
including costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the provider and its agents,
subcontractors, and employees, in the course of the operation of this rate agreement.
3. Where the provider and the Alliance commit joint negligent acts, the provider shall not be liable for nor have any obligation to defend the
Alliance with respect to that part of the joint negligent act committed by the Alliance.
4. In no event shall the provider be liable for or have any obligation to defend the Alliance against such claims, suits, judgments, or damages,
including costs and attorney's fees, arising out of the sole negligent acts of the Alliance.
5. Any provider who is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its
negligent acts or omissions or tortious acts which result in claims or suits against the Alliance, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any provider to
which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida
to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor and not an
agent or employee of the Alliance.
H. Insurance and Bonding
The Provider Agrees:
1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the
existence of this rate agreement. 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 rate agreement.
Upon the execution of this rate agreement, 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.
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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 rate agreement in an amount commensurate with the funds
handled, the degree of risk as determined by the insurance company and consistent with good business practice.
3. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the Alliance, upon
request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed
to extend any party's liability beyond that provided in section 768.28, Florida Statutes.
I. Safeguarding Information
Not to use or disclose any information concerning a recipient of services under this rate agreement for any purpose not in conformity with the
state regulations and federal regulations (45CFR, 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. All assignments or subcontracts shall be subject to the conditions of this contract (except Section I, Paragraph N.1.) and to any
conditions of approval that the Alliance shall deem necessary.
2. All assignments or subcontracts shall not 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.
3. Unless otherwise stated in the contract between the provider and the Alliance, 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.
4. The provider assures that USDA funds will be used solely for the purchase of United States agricultural commodities or other foods
purchased in the United States for use in their nutrition project operations.
5. The provider assures that USDA funds which are subcontracted to other subcontractors such as food service management companies,
caterers, restaurants or other institutions to provide meals, are used to purchase United States produced commodities or foods at
least equal in value to the per meal cash payment received from USDA.
6. The provider assures that USDA funds will not be used to supplant or replace any other funds used by Title III nutrition projects.
7. The provider shall assure that an audit trail is maintained for each unit of service provided. Funds received for any unit not supported
by adequate documentation shall be returned to the Alliance within 45 days or payment shall be withheld or deducted from future
payments.
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 rate agreement that
were disbursed to the provider by the Alliance.
a. The provider shall return any overpayment to the Alliance within forty (40) calendar days after either discovery by the provider, or
notification by the Alliance, of the overpayment.
b. In the event that the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said
overpayment within forty (40) calendar days without prior notification from the Alliance. In the event that the Alliance first discovers
an overpayment has been made, the Alliance will notify the provider by letter of such a finding.
2. Should repayment not be made in a timely manner, the Alliance will charge interest of one (1) percent per month compounded on the
outstanding balance after forty (40) calendar days after the date of notification or discovery.
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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 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 rate agreement, 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:
Procurement of Products or Materials with Recycled Content
That any products or materials which are the subject of, or are required to carry out this rate agreement shall be procured in accordance with
the provisions of Sections 403.7065 and 287.045, Florida Statutes.
0. Civil Rights Certification
The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of
insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal
financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA Forms 101 A and B, if services are
provided to clients and if fifteen (15) or more persons are employed.
The Provider Assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2OOOd 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 under the above statutes.
8. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this rate agreement.
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 rate agreement, and their right to a fair hearing. Complaints of discrimination involving services or
benefits through this rate agreement may also be filed with the Secretary of the department or the appropriate federal or state agency.
9. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services will
comply with the above laws and regulations.
P. Requirements of Chapter 287.058, Florida Statutes
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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 or 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 rate agreement, the Department of Elder Affairs
Programs and Services Manual and HRSM 55 -1 to be received and accepted by the contract manager prior to payment.
4. To comply with the criteria and final date by which such criteria must be met for completion of this rate agreement as specified in Section
III, Paragraph B of the rate agreement.
5. 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 rate agreement. It is expressly understood that receipt of substantial evidence
of the provider's refusal to comply with this provision shall constitute a breach of this rate agreement.
Q. Withholdings and Other Benefits
The provider is responsible for Social Security and Income Tax withholdings.
R. Sponsorship
1. As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental organization which sponsors a program financed
wholly or in part by state funds, including any funds obtained through this rate agreement, it shall in publicizing, advertising or describing
the sponsorship of the program, state: "Sponsored by Monroe County Board of Commissioners and the State of Florida, Department
of Elder Affairs ". If the sponsorship reference is in written material the words "State of Florida, Department of Elder Affairs" shall appear
in the same size letters and type as the name of the organization.
2. The contract manager's written approval is required prior to the provider's use of the name of the Department of Elder Affairs for
solicitation of funds.
S. Final Request for Payment
1. The provider must submit the final request for payment to the Alliance no more than 30 days after the rate agreement 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 and conditions of this rate agreement 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 forty -five (45) days after the rate
agreement ends or is terminated. All monies which have been paid to the provider which have not been used to retire outstanding
obligations of the rate agreement being closed out must be refunded to the Alliance along with the final receipt and expenditure report.
T. Use Of Funds For Lobbying Prohibited
To comply with the provisions of section 216.347, Florida Statutes, which prohibit the expenditure of contract funds for the purpose of
lobbying the Legislature, a judicial branch or a state agency.
I1. Alliance Responsibilities:
A. Contract Amount
To make payments for services identified in Section I.A. of this rate agreement at the rates stipulated below, in an amount not to exceed
$ 33,272.00, subject to the availability of funds. The Alliance's performance and obligation to pay under this rate agreement is contingent
upon an annual appropriation by the Legislature. The costs of services paid under any other contract or rate agreement are not eligible for
reimbursement under this rate agreement.
SERVICE RATE
ELIGIBLE CONGREGATE AND HOME DELIVERED MEALS $0.6146 per meal
B. Schedule of Payments
To make payment on a monthly basis and in accordance with the procedures and requirements for payment outlined in Section III, Paragraph
C, Method of Payment.
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C. Copies of Standards, Requirements, and Vouchering Procedures
To make available to the provider, upon request, copies of applicable program standards and requirements and vouchering procedures.
D. 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 rate agreement specifies otherwise. Such approval is for the purpose of authorizing payments and does not constitute a final approval
of services purchased under this rate agreement.
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 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 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.
E. 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
This rate agreement shall begin on October 1, 1994 or the date on which this rate agreement has been signed by both parties, whichever is
later.
B. Ending Date
This rate agreement shall end on March 31, 1996.
C. Method of Payment
1. The Alliance shall make payment to the provider for provision of services at the rate stated below:
Services to be Provided Units of Services Unit Rate Maximum Units
Eligible Congregate and 1 unit = 1 meal $0.6146 per meal 54,136
Home Delivered Meals
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2. All requests for reimbursement shall be submitted on DOEA Form 117, Request for Reimbursement, USDA Cash -In -Lieu of Commodities.
DOEA Form 118, PSA /Provider Monthly Meals Report must be submitted with the request for reimbursement. DOEA Form 119, USDA
Commodities, Supplemental Report, must be submitted with the request for reimbursement when the provider utilizes USDA commodities.
Duplication or replication of the forms via data processing equipment is permissible but replication must include all data elements in the same
format as included on the departmental forms. The due date for the request for reimbursement and report(s) shall be no later than the 10th
day of the month following the month being reported.
3. Any payment due by the Alliance under the terms of this rate agreement 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.
4. In the event that the final reimbursement rate established by the United States Department of Agriculture (USDA) is greater or less than
the rate in Section III, C.1., then this rate agreement shall be appropriately adjusted and the final rate shall be effective for the entire rate
agreement period.
5. This rate agreement is for services provided during the 1995 Federal Fiscal year beginning October 1, 1994 through September 30, 1995.
The additional six months (October 1, 1995 through March 31, 1996) are to allow rates to be adjusted for the twelve month service period.
Rate adjustments will be based on the final reimbursement rate established by the USDA. This rate agreement shall automatically terminate
after the final rate for the federal fiscal year has been established and the release of final payments are authorized by the Department of
Elder Affairs.
6. The provider agrees to submit financial reports in accordance with HRSM 55 -1, Financial Management of Older American's Act Programs.
D. Termination
1. Termination at Will
This rate agreement 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. 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 rate agreement become unavailable, the Alliance may terminate the rate agreement 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 rate
agreement upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or
in person with proof of delivery. If applicable, the Alliance may employ the default provisions in Chapter 60A- 1.006(4), Florida
Administrative Code. Waiver of breach of any provisions of this rate agreement 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 rate agreement. The provisions herein do not limit the Alliance's right
to remedies at law or to damages.
E. 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 rate agreement. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds
pursuant to this rate agreement; 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 rate agreement,
or such other cause as might constitute breach of any of the terms of this rate agreement.
2. The Alliance may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations
of funds. The suspension may apply to any part, or to all of the provider's obligations.
3. To suspend operations of the provider, the Alliance will notify the provider in writing by Certified Mail of: the action taken, the reason(s)
for such action; and the conditions of the suspension. The notification will also indicate: what corrective actions are necessary to remove
the suspension; the provider's right to an administrative hearing; and, give the provider the appropriate time period to request an
administrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension).
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F. Notice and Contact
1. The name, address and telephone number of the contract manager for the Alliance for this rate agreement is:
John L. Stokesberry
9500 South Dadeland Blvd., Suite 400
Miami, Florida 33156
(305) 670 -6500 SC 455 -6500
2. The name, address and telephone number of the representative of the provider responsible for administration of the program under this rate
agreement is:
Louis LaTorre
Wing 111 - Public Service Bldg.
5100 College Road
Key West, FL 33040
(305) 292 -4420
3. In the event that different representatives are designated by either party after execution of this rate agreement, 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 rate
agreement.
G. Payment of Authorized Services
This rate agreement does not obligate the Alliance to pay the provider unless services which were prior authorized by the Alliance have been
rendered.
H. Renegotiation or Modification
1. Modifications of provisions of this rate agreement shall only be valid when they have been reduced to writing and duly signed. The parties
agree to renegotiate this rate agreement if federal and /or state revisions of any applicable laws or regulations make changes in this rate
agreement 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.
I. Special Provisions
1. State Laws and Regulations
The provider agrees to comply with applicable parts of the Florida Statutes, Rule 10A -10, Florida Administrative Code promulgated for
administration of Chapter 410- 410.029 Florida Statutes and departmental guidelines.
2. The Alliance and provider agree to provide the services and implement the provisions of this rate agreement in accordance with the Federal,
State and Local laws, rules, regulations and policies that pertain to USDA cash payments and Older American's Act.
3. Nonexpendable Property
The purchase of nonexpendable property with USDA funds is unallowable.
4. Copyright Clause
a. Where activities supported by this rate agreement 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.
b. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand
of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of
State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes (1987), no person, firm or
corporation, including parties to this rate agreement, shall be entitled to use the copyright, patent or trademark without the prior
written consent of the Department of State.
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5. Grievance and Appeal Procedures
The provider will develop agency specific procedures as instructed in the Department of Elder Affairs Programs and Services Manual through
which clients may request an appeal.
6. Investigation of Allegations
Any report that implies criminal intent on the part of a service provider agency and referred to the state attorney must be sent to the
Alliance. The provider must investigate allegations regarding falsification of client information, service records, payment requests, and other
related information.
7. Signature
All rate agreements, 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.
J. Name, Mailing, and Street Address of Payee
1. The name (provider name as shown on page 1 of this rate agreement) and mailing address of the official payee to whom the payment shall
be made:
Monroe County Board of Commissioners
Wing III - Public Service Bldg.
5100 College Road
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
Wing III - Public Service Bldg.
5100 College Road
Key West, FL 33040
(305) 292 -4420
IN WITNESS THEREOF, the parties hereto have caused this 14 page rate agreement to be executed by their undersigned officials as duly authorized.
ALLIANCE FOR AGING, INC. FOR
PROVIDER: MONROE COUNTY BOARD OF COMMISSIONERS DADE AND MONROE COUNTIES
SIGNED g 4_ 0 e , p SI NED t •
NAME: A: ,.FART, CHEAL
TITLE: Mayor 'Piro " rem"
ATIESTmAk DANNY L. KOLHAGE, CLERK NAME: ROSEBUD L. FOSTER, Ed.D.
BY :,Q, C: !- do
TITLE: Deputy Clerk TITLE: PRESIDENT
DATE: October 20, 1994 DATE: ` — / q 1
FEDERAL ID NUMBER: 59- 6000749 _
PROVIDER FISCAL YEAR END DATE: .. �' ��� 7
I THIS RATE AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
9
10/1/94
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 certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
�• 2 ;„.0 October 20, 1994
Signature Date
A EARL. -GHEAL - Mavor 'Pro ° Tefl1 US - 551
Name of Authorized Individual Application or Contract Number
Monroe County Board of Commissioners
Wing III - Public Service Bldg., 5100 College Road
Key West, FL 33040
Name and Address of Organization
DOER 103
ATTEST: DANNY L . MIME, CLERK T) `
By a 4,0 .! /pp
Deputy er
10
•
10/1/94
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 Alliance for Aging. Inc. 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.
October 20, 1994
Signature Date
Arr ST: DANNY L. KOLHAGE, CLERK
A. EARL Pro Tem B Y 0. L e
EARL Mayor Deputy Cler
Name and Title of Authorized Individual
Monroe County Board of Commissioners
Name of Organization
DOEA Form 112A
October 1993
11
10/1/94
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
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
12
• 10/1/94 _
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. Contract Manager for 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 the rules of the
Auditor General, chapter 10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the Alliance, or its
designee, upon request for a period of five years from the date the audit report is issued, unless
extended in writing by the Alliance.
DOEA -104A
9/30/92
13
141/1/94
PART it : GRANTS AND AIDS AUDIT /ATTESTATION
This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1) a local government
entity or nonprofit organization receiving a total of less than $25,000 from the Alliance during its fiscal year or (2) a for - profit
organization receiving any amount from the Alliance. The provider has "received" funds when it has obtained cash from the Alliance
or when it has incurred expenses which will be reimbursed by the Alliance.
If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit
performed by an Independent certified public accountant and submit a compliance report(s) in accordance with the rules of the
Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract
by number and indicates which contracts are funded from state grants and aids appropriations.
Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules,
regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether
or not matching requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated and fully disclosed
in the audit report with reference to the Alliance contract involved.
If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed $100,000, the provider
may have an audit as described above or have a statement prepared by an independent certified public accountant which attests
that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation.
If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the
entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts
funded by a grants and aids appropriation.
Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the
attestation statement, shall be submitted within 180 days after the provider's fiscal year end to the following:
A. Contract Manager for the Alliance
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-104B
9/30/92
14