09/17/1997 f
Rate Agreement US -851
ALLIANCE FOR AGING, INC
1997 -1998 STANDARD USDA
RATE AGREEMENT
THIS RATE AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the
"Alliance ", and Monroe County Board of Commissioners, hereinafter referred to as the "provider ".
THE PARTIES AGREE:
I. The Provider Agrees:
A. Upon receipt of a prior authorization for services from Alliance staff, to provide the following services:
The purchase of United States produced agricultural and other food commodities for use in nutrition
projects operating under approved Title 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 Contract Management and Financial Administration Manual.
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 1.
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 11.
1
•
f a
D. Civil Rights Certification
The provider gives this assurance in consideration of and for the purpose of obtaining federal grants,
loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal
financial assistance to programs or activities receiving or benefiting from federal financial assistance.
The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA Forms 101 A and B,
if services are provided to clients and if fifteen (15) or more persons are employed.
The Provider Assures 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. To submit bills for any travel expenses in accordance with section 112.061, Florida Statutes.
3. To provide units of deliverables, including reports, findings, and drafts as specified in this rate
agreement, the Department of Elder Affairs Programs and Services and Contract Management and
Financial Administration Manuals 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
1
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 State of Florida's central abuse registry and
tracking system on the 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
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
4
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.
0. Employment
If the provider is a non - governmental organization, it is expressly understood and agreed that the
provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation
of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality
Act (INA), 8 U.S.C. s.1324 a (e)( "section 274A(e) "). Violation of the employment provisions as
determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of this contract.
P. Audits and Records
1. To maintain books, records, and documents (including electronic storage media) in accordance with
generally accepted accounting procedures and practices which sufficiently and properly reflect all
revenues and expenditures of funds provided by the Alliance under this 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 111 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.
Q. Retention of Records
1. To retain all client records, financial records, supporting documents, statistical records, and any
other documents (including electronic storage media) pertinent to this 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.
5
2. Persons duly authorized by the Alliance and federal auditors, pursuant to 45 CFR, Part 92.42(e)(1)
and (2), shall have full access to and the right to examine or duplicate any of said records and
documents during said retention period or as long as records are retained, whichever is later.
R. Monitoring
1. To provide progress reports, including data reporting requirements as specified by the Alliance.
These reports will be used for monitoring progress or performance of the contractual services as
specified in the approved Older Americans Act Provider Application for January 1, 1998 to
December 31, 1998.
2. The Alliance will perform the required administrative monitoring of service providers in accordance
with the department's unit rate contract monitoring checklist.
3. To permit persons duly authorized by the Alliance to inspect any records, papers, documents,
facilities, goods and services of the provider which are relevant to this contract, and /or interview
any clients and employees of the provider to be assured of satisfactory performance of the terms
and conditions of this contract. Following such inspection the Alliance will deliver to the provider
a list of its concerns with regard to the manner in which said goods or services are being provided.
The provider will rectify all noted deficiencies provided by the Alliance within the time set forth by
the Alliance, or provide the Alliance with a reasonable and acceptable justification for the provider's
failure to correct the noted shortcomings. The Alliance shall determine whether such failure is
reasonable and acceptable. The provider's failure to correct or justify within a reasonable time as
specified by the Alliance may result in the withholding of payments, being deemed in breach or
default, or termination of this contract.
4. To perform required program and administrative monitoring of subcontractors. Submission of
monitoring reports will be in accordance with the Department of Elder Affairs Programs and
Services Manual and the Department's Administrative Monitoring Instrument.
S. 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.
T. Assignments and Subcontracts
1. All assignments or subcontracts shall be subject to the conditions of this rate agreement (except
Section 1, 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.
6
•
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 I11 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.
U. 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
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.
V. 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
7
I i
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 $0.5857 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 111, 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.
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, 1997 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, 1999.
8
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 Unit of Unit Max.
Provided Service Rate Units
Eligible Congregate 1 unit = $0.5857 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 -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 1998 Federal Fiscal year beginning October
1, 1997 through September 30, 1998. The additional twelve months (October 1, 1998 through
September 30, 1999) 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 the Department of Elder Affairs
Contract Management and Financial Administration Manual.
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.
9
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.
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
10
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
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
In accordance with ATTACHMENT IV, Minimum Guide lines forRecipientGrievanceProcedures, the
provider will have procedures for handling complaints from persons who complain that service has
11
been denied, terminated or reduced improperly.
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 preparation for the threat of an emergency event as defined in the State of Florida
Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise
authority over an area agency or service provider in order to implement preparedness activities to
improve the safety of the elderly in the threatened area and to secure area agency and service
provider facilities in order to minimize the potential impact of the event. These actions will be
within the existing roles and responsibilities of the area agency and its service providers.
In the event the President of the United States or the Governor of the State of Florida declares a
disaster or 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.
In either of these cases, 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 potential disaster area or actual disaster area.
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.
12
. 1. 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
13
3
1
IN WITNESS THEREOF, the parties hereto have caused this 21 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 4 SIGNED //
BY: !/ /Wi_ � , BY: X�.r7 / ,/
NAME: K cc-et-is/ D 0 V 6 G- /1-.r
- NAME: WILLIS N. MURRAY
TITLE: M A 7 1(& TITLE: PRESIDENT
DATE: S DATE:
7/ ° 7 9.7
FEDERAL ID NUMBER: 59- 6000749
PROVIDER FISCAL YEAR ENDING DATE: 9/30
I D�(�\ CO ,,, „,,_
23,,,,:,
,i.,,,.:,
..„....„ ,
A ' o_ NNY: L KOLHAGE, CLERK
B n A C /1 /�_ SU TO FORM
y glael1L C. 1010 11 APPROVED AND AL AS TO �
DEPUTY CLERK '
�k��-
/WV N E A. ' ON
DATE ,
{
14
.
ATTACHMENT I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS. GRANTS, LOANS AND COOPERATIVE
AGREEMENT
F €€
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 . a civil penalty of not less than $10,000 and not more than $100,000 for each
such fai re
/ A 4.A"
, „...‹..., . #
ignature Dat-
i
fa 0 ()(1 s OiNe2 USA Vs 7
Name of Authorized Individual Application or Contract Number
Monroe Count Boar 4 1dt =_:13_ isioners
Win. III - 5100 C•.�z:�_- ic,•i
Ke West FL 3 ;;�. , ^`°
Name and Addre ' F Q 1 APPROVED AS TO Fa ',,Y
1
AND AL SUFFI
,� i
r a BY %,.! /.`/!/ , °
DOEA 103 ,ice: - ".' VT ANNE UTT•N
• .1i &Ns, !i L.KOLHAGE, CLERK I DAT
B\J2 laelgtol
DEPUTY CLER
15
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.
Sig . re Date G oU .
.9� Vii-. ,
� ro 1 y ' ,, 1
k- 17-1 (9 (1,, ( /Oka< x ' A L. KOLHAGE, CLERF
Name and Title of Authorized Individual
DEPUTY CLERK
Monroe County Board of Commissioners AN OVAL suFn ENR
Name of Organization ���..
de-r ANNE H ON
DOEA Form 112A DAT
l i
October 1993
16
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
17
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
18
PART 11 : 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-104B
9/30/92
19
{
ATTACHMENT IV
MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES
APPLICABLE TO ALL ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE; TRANSFERS OR
DISCHARGES; AND ADVERSE DETERMINATIONS RELATING TO SCREENING OR ANNUAL REVIEW.
NOTICE OF DECISION OF ACTON TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURE FOR REVIEWING
THAT DECISION
• Notice of decision and an explanation of the grievance procedure must be mailed no less than 30 calendar* days prior
to the date action will be taken. Prior notice is not applicable where the health or safety of the individual is endangered
if action is not taken immediately; however, notice must be made as soon thereafter as practicable.
• The Notice must contain:
a statement of what action is intended to be taken;
the reasons for the intended action;
the specific law, rule, regulation, or change of law that requires the action;
an explanation of the individual's right to a grievance review if requested in writing and delivered within 14
calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be
offered and available to the individual), the individual's right, after a grievance review, for further appeal, the
right to seek redress through the courts if applicable;
an explanation of the circumstances under which current benefits, if any, are continued if a grievance review
is requested, and until a final decision is made to discontinue services; and
a statement that the individual may represent herself or use legal counsel, a relative, a friend, or other qualified
representative in the requested review proceedings.
• All records of the above activities must be preserved and remain confidential.
GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW
• Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request
by a written statement delivered to the requester. This statement must also provide notice of:
the time and place scheduled for the review;
the designation of one or more impartial reviewers who have not been involved in the decision at issue;
the opportunity to examine, at a reasonable time before the review, the individual's own case
record, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference
at a reasonable time before or during the review;
a contact person for any accommodations required under the Americans with Disabilities Act;
assistance, if needed, in order to attend the review; and
the stopping of the intended action until all appeals are exhausted.
• All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who
have not been directly involved in the initial determination of the action in question.
• The reviewer(s) must provide written notification to the requester within 7 calendar* days after the grievance review
of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of
current benefits until all appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7
calendar* days;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency;
20
f
the opportunity to be represented by herself or by legal counsel, a relative, a friend or other qualified
representative.
PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE
AREA AGENCY ON AGING
• Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge
receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide
notice of:
the time and place scheduled for the appeal;
the designation of one or more impartial AAA officials who have not been involved in the
decision at issue;
the opportunity to examine at a reasonable time before the appeal the individual's own case record
to date, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference
during the appeal;
assistance, if needed, in order to attend the appeal; and
the stopping of the intended action until all appeals are exhausted.
• All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA
officials who have not been directly involved in the initial determination of the action in question.
• The designated AAA official(s) must provide written notification to the requester within 7 calendar* days after
considering the grievance review appeal of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding
continuation of current benefits until all appeals are exhausted;
the individual's right to appeal, if applicable; and
the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as
required by the ADA.
Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision. For Medicaid Waiver
actions, the written notification must also provide notice of the individual's right to appeal an adverse decision
to the Agency on Health Care Administration (AHCA) for a fair hearing procedure (Medicaid Waiver actions only).
• All records of the above activities must be preserved and remain confidential.
• In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall
be induded unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next
day which is neither a Saturday, Sunday, or legal holiday.
NOTE: ALSO SEE 42 C.F.R. 431.200 -.246 and AHCA Rules 59G- 1.010(85), (98) and (99), F.A.C., "Fair Hearings.
"Grievance," and "Grievance Procedure."
21