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HomeMy WebLinkAbout09/19/1996 • � Rate Agreement US -750 ALLIANCE FOR AGING, INC 1996 -1997 STANDARD USDA RATE AGREEMENT THIS RATE AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter fer i tV the "Alliance ", and Monroe Countv Board of Commissioners, hereinafter referred to as the etrObvider": 2c -� • W ' THE PARTIES AGREE: ° rn I. The Provider Agrees: Q m ", A. Upon receipt of a prior authorization for services from Alliance staff, to provide die following services: The purchase of United States produced agricultural and other food commodities for use in nutrition projects operating under approved Tide 111 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 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. 1 D. (Evil 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 of Elder Affairs or the appropriate federal or state agency. 9. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services will comply with the above laws and regulations. E. Requirements of Chapter 287.058, Florida Statutes 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit thereof. 2 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 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. F. Withholdings and Other Benefits The provider is responsible for Social Security and Income Tax withholdings. G. Indemnification If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. 1. Provider agrees that it will indemnify, defend, and hold harmless the Alliance and all of the Alliance's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which the Alliance or said parties may be subject, except that neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Alliance or any of its officers, agents, or employees. 2. Provider's obligation to indemnify, defend, and pay for the defense or, at the Alliance's option, to participate and associate with the Alliance in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Alliance's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify the Alliance, upon notice by the Alliance. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Alliance solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the Alliance. The Alliance's failure to notify provider of a claim shall not release provider of the above duty to defend. H. Insurance and Bonding 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this 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. 3 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 (See also Indemnification Clause). I. Abuse, Neglect and Exploitation Reporting In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the 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). J. Transportation Disadvantaged 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. K. Purchasing 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. L. Sponsorship As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this rate agreement, it shall in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by 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. M. 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. N. PUBLIC ENTITY CRIME; Denial or revocation of the right to transact business with public entities. It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the Alliance 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 4 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 form the date of being placed on the convicted vendor list. O. Audits and Records 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Alliance under this 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 M 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. P. Retention of Records 1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this 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. Q. 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 5 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 concerns with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the Alliance within the time set forth by the Alliance, or provide the Alliance with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The 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. R. 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. S. Assignments and Subcontracts 1. All assignments or subcontracts shall be subject to the conditions of this rate agreement (except Section I, Paragraph K.) 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 obligate the Alliance beyond the total dollar amount agreed upon in this rate agreement. 3. Unless otherwise stated in the rate agreement 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 4l days or payment shall be withheld or deducted from future payments. T. Final Request for Payment 1. To 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 6 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. U. Retum of Funds 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. II. The Alliance Agrees: 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 $ N/A , 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 $0.5864 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. 7 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 Mutually Agree: A. Effective Date 1. This rate agreement shall begin on October 1, 1996 or the date on which this rate agreement has been signed by both parties, whichever is later. 2. This rate agreement shall end on September 30, 1998. B. 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 Units Eligible Congregate 1 unit = $0.5864 N/A and Home Delivered 1 meal Meals 2. All requests for reimbursement shall be submitted on DOEA Form 117, Request for Reimbursement, USDA Cash -ln -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. 8 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 1997 Federal Fiscal year beginning October 1, 1996 through September 30, 1997. The additional twelve months (October 1, 1997 through September 30, 1998) 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. C. 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(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. D. Suspension: 1. Reasonable Cause The Alliance may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating the 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. 9 2. The Alliance may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. 3. To suspend operations of the provider, the Alliance will notify the provider in writing by Certified Mail of: the action taken, the reason(s) for such action; and the conditions of the suspension. The notification will also indicate: what corrective actions are necessary to remove the suspension; the provider's right to an administrative hearing; and, give the provider the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension). E. Notice and Contact 1. The name, address and telephone number of the contract manager for the Alliance for this 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, Executive Director Wing III - 5100 College Road Key West, FL 33040 (305) 292 -4573 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. F. 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. G. 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. H. Special Provisions 1. State Laws and Regulations The provider agrees to comply with applicable parts of the Florida Statutes, Rule 58A -1, Florida 10 Administrative Code promulgated for administration of Chapter 410 -029 Florida Statutes and the Department of Elder Affairs Programs and Services Manual. 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. 2. Nonexpendable Property The purchase of nonexpendable property with USDA funds is unallowable. 3. Copyright Clause 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. 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. 4. 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. 5. 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. 6. 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. 7. Disaster In the event the President of the United States or the Governor of the State of Florida declares a disaster or a state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement emergency relief measures and /or activities. Only the Secretary or Deputy Secretary or his or her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the Department under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the disaster area. 11 8. Information and Referral The provider will cooperate with the Alliance in the collection and maintenance of an information and referral data base for the entire planning and service area. 9. Computer System Backup and Recovery Each provider must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of agency functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. 10. Volunteers The provider will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In addition, the provider will increase the use of volunteers in their service area by providing training, technical assistance and funding, where possible. 11. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program to be at risk of placement in an institution and referred to the Local Services Programs will be given primary consideration for services to prevent institutional placement. I. 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 - 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 - 5100 College Road Key West, FL 33040 (305) 292 -4573 12 IN WITNESS THEREOF, the parties hereto have caused this 18 page rate agreement to be executed by their undersigned officials as duly authorized. { ALLIANCE FOR AGING, INC FOR PROVIDER: MONROE COUNTY BOARD OF DADE AND MONROE COUNTIES COMMISSIONERS SIGNED SIGNED C , BY: BY: NAME: 5H' I� � I f' /i/kAN NAME: CARLOS NOBLE TITLE: M A- ql TITLE: PRESIDENT DATE: 0 9-/ 9-96 DATE: lo (u �t FEDERAL ID NUMBER: 59- 6000749 PROVIDER FISCAL YEAR ENDING DATE: 9/30 PEW ATTEST. t)AAW L } Iml11A�d�IK O (t N •' DEPmraSIVc 04, -e3< APPROVED AS TO FOR / AND LEGAL SUFFI N BY . ..� / /I. Eli NNE 4 ^ 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. o 7 • Signature Date N,MA yt US -750 Name of Authorized Individual Application or Contract Number Monroe County Board of Commisioners Wing III - 5100 College Road Key West, FL 33040 APPRO ; S TO FOR Name and Address of Organization AND GAL SUFFIGEN, BY �.,■2i 6 .DAN • � NE A. H +N DOEA 103 ANC � >ce GEC C LI , DATE - �b i DEPtnrcxEaiz 14 ATTACHMENT II CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS /SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 - 20369). (1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. CSLLIeyefAXALA44.4244,.. 0 9-/9 -9G Signature Date o t ., 4..., . A DANNY I. ICOUV410111111 u stir 2 -q_ �-�( 1 _01As.[c. 3 4 am , DEPUTY :- Name and Title of Authorized Individual e et APPRO AS TO FOR AND GAL SUFF Monroe County Board of Commissioners A, Name of Organization -1 HU ON DATE DOEA Form 112A October 1993 15 • 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 16 ATTACHMENT HI 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 Affiance. 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 Dade land 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 17 PART ■ : 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 18