10/18/1995 • ' 4 ' -
Rate Agreement No. US -651
ALLIANCE FOR AGING, INC
1995 -1996 STANDARD USDA
RATE AGREEMENT
THIS RATE AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance ", and the Monroe County Board of Commissioners,
hereinafter referred to as the "provider ".
THE PARTIES AGREE:
I. 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 operatinn 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.), g
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the above to the
department.
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.
8. This rate agreement is funded from a grants and aids appropriation.
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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
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.
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.
II. 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.
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.
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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 Alliance and the provider, payments made by the Alliance to the provider must be within seven (7)
working days after receipt by the Alliance of full or partial payments from the Department of Elder Affairs in accordance with section 287.0585, Florida
Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the Alliance and paid to the provider in the amount of one -half
of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual
payments owed and shall not exceed fifteen (15) percent of the outstanding balance due.
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.
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.
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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.
O. Civil Rights Certification
The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty),
property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees
to complete the Civil Rights Compliance Questionnaire, DOEA Forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are
employed.
The Provider Assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin
in programs and activities receiving or benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities
receiving or benefiting from federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education
programs and activities receiving or benefiting from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities
receiving or benefiting from federal financial assistance.
5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed,
color, national origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance.
6. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals
with disabilities, in employment, public services, and public accommodations.
7. All regulations, guidelines, and standards as are now or may be lawfully adopted 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
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.
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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 the Monroe County Board of Commissioners ,the State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc ". If the
sponsorship reference is in written material the words "State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc." shall appear in the
same size letters and type as the name of the organization.
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 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.
U. PUBLIC ENTITY CRIME; Denial or revocation of the right to transact business with public entities.
It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the
department per section 287.133, Florida Statutes:
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months forni the date of being placed on the convicted vendor list.
II. 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 $ 30 699.00 , 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 $0.5838 per meal
HOME DELIVERED MEALS
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.
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.
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D. Contract Payment
Pursuant to Section 215.422, Florida Statutes, the Alliance shall take no longer than 5 working days to inspect and approve goods and services, unless bid
specifications or the contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services,
if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and
approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice
amount. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than 35 days from the date of eligibility
for payment is determined, and the interest penalty is set by Subsection 215.422(13), Florida Statutes. Invoices returned to a vendor due to preparation errors
will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Alliance.
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, 1995 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 September 30, 1997.
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 Units of Unit Max.
Provided Service Rate Units
Eligible Congregate 1 unit = $0.5838 52,584
and Home Delivered 1 meal
Meals
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 1996 Federal Fiscal year beginning October 1, 1995 through September 30, 1996. The additional
twelve months (October 1, 1996 through September 30, 1997) 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 Alliance.
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.
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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(3), 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).
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, Executive Director •
9500 South Dadeland Boulevard
Suite 400
Miami, Florida 33156
(305) 670 -6502 SC 455 -6502
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 III - Public Services Building
5100 College Road
Key West, Florida 33040
(305) 292 -4420
3. In the event that different representatives are designated by either party after execution of this 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.
11. 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 58A -1, Florida Administrative Code promulgated for administration of
Chapter 410-029 Florida Statutes and the Department of Elder Affairs Programs and Services Manual.
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.
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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 a application for the same, will vest in the State of Florida Y P PP Department of State, for the exclusive use and P
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.
5. Grievance and Appeal Procedures
The provider will assure through contractual provisions that service provider agencies 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 Services Building
5100 College Road
Key West, Florida 33040
2. The name of the contact person, street address and telephone number where financial and administrative records are maintained:
Louis LaTorre
Wing III - Public Services Building
5100 College Road
Key West, Florida 33040
(305) 292 -4420
IN WITNESS THEREOF, the parties hereto have caused this 13 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
SIGN Lid SIGNED1 ,^ � BY: `�. 1( Ir/
w Attest: DANNY T,, KOTHA( E, C1 erk NAME: CARLOS NOBLE
By •' � TITLE: PRESIDENT
Depu
Clerk
DATE: /0 . g.7 DATE: 11 q Li )
FEDERAL ID NUMBER: 59- 6000749
PROVIDER FISCAL YEAR ENDING DATE: 9/30 APPROVED AS TO r ^ ^•
D LE r 4L �
, d'e I �� / I _
$ Attom= s Sri
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.
/oprpS •
Signature Date
h; Fr Not R +k_ ,• et„ US -651
Name of Authorized Individual Application or Contract Number
Monroe County Board of Commissioners
5100 College Road
Key West, Florida 33040
Name and Address of Organization AP®rovro AS TO rmr"
- EG4L Sum
DOEA 103 � �� %�--
5
9
ATTACHMENT H
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS /SUBCONTRACTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Reg., pages 20360 - 20369).
(1) The prospective provider certifies, by signing this certification, that neither he nor his principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in contracting with the Department of Elder Affairs by any federal
department or agency.
(2) Where the prospective provider is unable to certify to any of the statements in this certification,
such prospective provider shall attach an explanation to this certification.
Signature Date
Attest: DANNY L. KOLHAGE, Clerk
Shirley Freeman, Mayor
Name and Title of Authorized Individual By
ty 4 14 # 412 "
MONROE COUNTY BOARD OF COMMISSIONERS
Name of Organization
DOEA Form 112A A PPF1OVED As TO , f7"
rn ^�'l�
October 1993 AN I -r3Al. �� - Ar ,
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10
•
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS /SUBCONTRACTS
1. Each provider whose contract equals or exceeds $25,000 in federal monies must sign this
debarment certification prior to contract execution. Independent auditors who audit federal
programs regardless of the dollar amount are required to sign a debarment certification form.
Neither the Department of Elder Affairs nor its contract providers can contract with providers if
they are debarred or suspended by the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this
contract is entered into. If it is later determined that the signed knowingly rendered an erroneous
certification, the Federal Government may pursue available remedies, including suspension and /or
debarment.
3. The provider shall provide immediate 'written notice to the contract manager at any time the
provider learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. You may contact the contract manager for assistance in obtaining a copy
of those regulations.
5. The provider further agrees by submitting this certification that, it shall not knowingly enter into
any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this contract unless authorized by the Federal Government.
6. The provider further agrees by submitting this certification that it will require each subcontractor
of this contract whose payment will equal or exceed $25,000 in federal monies, to submit a signed
copy of this certification with each contract.
7. The Alliance for Aging, Inc. 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
11
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: (Please submit 2 Copies)
{
John L. Stokesberry
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 33156
B. Submit to this address only those reports prepared in accordance with OMB Circular A -133:
Federal Audit Clearinghouse
U.S. Bureau of the Census
Jeffersonville, Indiana 47132
C. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the Alliance, or its designee, upon request for a period of five
years from the date the audit report is issued, unless extended in writing by the Alliance.
DOEA -104A 9/30/92
12
• F
PART N : 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: (Please Submit 2 Copies)
John L. Stokesberry
9500 South Dadeland Boulevard, Suite 400 •
Miami, Florida 33156
B. Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the Alliance, or its
designee, upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Alliance.
PART 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 -1048
9/30/92
13