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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145
FAX (305) 289 -1745 TEL. (305) 292 -3550 FAX (305) 852 -7146
FAX (305) 295 -3660
MEMORANDUM
TO: Peter Horton, Director
Division of Community Services
Attention: Louie LaTorre, Social Services Director
FROM: Ruth Ann Jantzen, Deputy Clerk 4q/ .
DATE: June 16, 1998
On June 10, 1998, the Board of County Commissioners granted approval and
authorized execution of a Memorandum of Agreement AND 1998 -1999 Home Care for
the Elderly Contract, No. HC -072, between Monroe County and the Alliance for Aging,
Inc., to continue providing necessary in -home services to maintain clients quality of life
and prevent institutionalization.
Enclosed please fmd two duplicate originals of the above Memorandum of
Agreement, and the above named contract, executed on behalf of Monroe County.
Please be sure that one fully executed copy of each is returned to this office as soon as
possible. I have also included a copy of each for your files.
If you have any questions concerning the above, please do not hesitate to
contact me.
Enclosure(s) 6
cc: County Attorney
Finance
County Administrator, w/o document
File
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Contract HC -072
1998 -99 HOME CARE FOR THE ELDERLY CONTRACT
THIS CONTRACT 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:
The Provider Agrees:
A. Services to be Provided:
The approved Service Provider Application of Monroe County Board of Commissioners
for the Home Care for the Elderly funds for July 1, 1998 to June 30, 1999, and any
revisions thereto approved by the Alliance and located in the contract manager's file,
are incorporated by reference in this contract between the Alliance and the provider,
and prescribe the services to be rendered by the provider.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described in the
approved Service Provider Application for the Home Care for the Elderly funds for July
1, 1998 to June 30, 1999 of Monroe County Board of Commissioners and the
Department of Elder Affairs Programs Management Manual. In the event the manual
is revised, the contract will incorporate any such revision and the provider will be given
a copy of the revision.
C. Federal Laws and Regulations:
1. The provider shall comply with the provisions of 45 CFR, Part 74, and /or 45
CFR, Part 92, and other regulations, if applicable.
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.
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 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
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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 contract. 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 contract,
and their right to a fair hearing. Complaints of discrimination involving services
or benefits through this contract 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 all contractors, subcontractors, subgrantees, or
others with whom it arranges to provide services, will comply with the above
laws and regulations.
E. Requirements of Section 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.
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 contract and the approved Service Provider Application for the
Home Care for the Elderly funds for July 1, 1998 to June 30, 1999, to be
received and accepted by the contract manager prior to payment.
4. To allow public access to all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the provider in conjunction with this contract.
F. Withholdings and Other Benefits:
The provider is responsible for Social Security and Income Tax withholdings.
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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 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
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 contract.
The provider accepts full responsibility for identifying and determining the
type(s) and extent of liability insurance necessary to provide reasonable
financial protection for the provider and the clients to be served under this
contract. Upon execution of this contract, the provider shall furnish the
Alliance written verification supporting both the determination and existence
of such insurance coverage. Such coverage may be provided by a self -
insurance program established and operating under the laws of the State of
Florida. The Alliance reserves the right to require additional insurance where
appropriate.
2. To furnish an insurance bond from a responsible commercial insurance
company covering all officers, directors, employees and agents of the provider
authorized to handle funds received or disbursed under this contract in an
amount commensurate with the funds handled, the degree of risk as
determined by the insurance company and consistent with good business
practice.
3. If the provider is a state agency or subdivision as defined by section 768.28,
Florida Statutes, the provider shall furnish the Alliance, upon request, written
verification of liability protection in accordance with section 768.28, Florida
Statutes. Nothing herein shall be construed to extend any party's liability
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beyond that provided in section 768.28, Florida Statutes (See also
Indemnification Clause).
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 contract, the provider will comply with the
provisions of Chapter 427, Florida Statutes, and Rule Chapter 41 -2, Florida
Administrative Code.
K. Purchasing:
Any products or materials which are the subject of, or are required to carry out this
contract shall be procured in accordance with the provisions of Section 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 contract, it shall in publicizing, advertising
or describing the sponsorship of the program, state: "Sponsored by the Monroe County
Board of Commissioners, the State of Florida, Department of Elder Affairs and the
Alliance for Aging, Inc. ". If the sponsorship reference is in written material the words
"State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc." shall
appear in the same size letters and type as the name of the organization.
M. Use of Funds For Lobbying Prohibited:
To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the
expenditures 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 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
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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 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 contract.
2. To assure 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 contract.
Such reporting requirements must be reasonable given the scope and purpose
of this contract.
4. To submit management, program, and client identifiable data, as specified in
the Department of Elder Affairs Programs Management Manual. To assure,
through contractual provision in their subcontracts with direct service
providers, program specific data is recorded and submitted in accordance with
Department of Elder Affairs Client Information, Registration and Tracking
System (CIRTS) Policy Guidelines.
5. To provide a financial and compliance audit to the Alliance as specified in
ATTACHMENT I and to ensure 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 contract 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 contract for a period of five (5) years after termination of this contract,
or if an audit has been initiated and audit findings have not been resolved at the
end of five (5) years, the records shall be retained until resolution of the audit
findings.
2. Persons duly authorized by the Alliance and federal auditors, pursuant to 45
CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to
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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 and Incident Reporting:
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 Home
Care for the Elderly Provider Application for July 1, 1998 to June 30, 1999.
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 Management Manual and the department's
Administrative Monitoring Instrument.
5. The provider will notify the Alliance within 24 hours of any conditions that
could impair continued service delivery. Reportable conditions may include:
• proposed client terminations
• provider financial concerns /difficulties
• service documentation problems
• contract non - compliance
• service quality and consumer complaint trends.
The provider will present the Alliance with a brief summary of the problem(s)
and proposed corrective action plans and time frames for implementation.
S. Safeguarding Information:
Except as provided for Alliance auditing and monitoring purposes, not to use or disclose
any information concerning a recipient of services under this contract for any purpose
except upon written consent of the recipient, or the recipient's authorized
representative.
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T. Assignments and Subcontracts:
1. Alliance approval of the provider's Service Provider Application for the Home
Care for the Elderly funds for July 1, 1998 to June 30, 1999 shall constitute
Alliance approval of the provider subcontracts if the subcontracts follow the
service and funding information identified in the approved Service Provider
Application. No such approval by the Alliance of any assignment or
subcontract shall be deemed in any event or in any manner to obligate the
Alliance beyond the total dollar amount agreed upon in this contract. All such
assignments or subcontracts shall be subject to the conditions of this contract
(except Section 1, Paragraph K.1., and Section II., Paragraph B.) and to any
conditions of approval that the Alliance shall deem necessary. Section I,
Paragraph N. is only applicable to state agencies or political subdivisions of the
state.
2. Unless otherwise stated in the contract between the Alliance and the provider,
payments made by the Alliance to the provider must be within seven (7)
working days after receipt by the Alliance of full or partial payments from the
Department of Elder Affairs in accordance with section 287.0585, Florida
Statutes. Failure to pay within seven (7) working days will result in a penalty
charged against the Alliance and paid to the provider in the amount of one -half
of one (1) percent of the amount due, per day from the expiration of the period
allowed herein for payment. Such penalty shall be in addition to actual
payments owed and shall not exceed fifteen (15) percent of the outstanding
balance due.
U. Final Request for Payment:
1. To submit the final request for payment to the Alliance no more than forty -five
(45) days after the contract ends or is terminated; if the provider fails to do so,
all right to payment is forfeited, and the Alliance will not honor any requests
submitted after the aforesaid time period. Any payment due under the terms
of this contract 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 sixty (60) days after the contract ends or is terminated. All
monies which have been paid to the provider which have not been used to
retire outstanding obligations of the contract being closed out must be refunded
to the Alliance along with the final receipt and expenditure report.
V. Return of Funds:
1. To return to the Alliance any overpayment due to unearned funds or funds
disallowed pursuant to the terms of this contract that were disbursed to the
provider by the Alliance.
a. The provider shall return any overpayment to the Alliance within forty
(40) calendar days after either discovery by the provider, or notification
by the Alliance, of the overpayment.
b. In the event 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 the Alliance first discovers an overpayment has
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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
forty (40) calendar days after the date of notification or discovery.
I1. The Alliance Agrees:
A. Contract Amount:
Subject to the availability of funds, the Alliance will reimburse no more than a total
dollar amount of $ 18,129.00 for expenditures made in accordance with the approved
budget for Home Care for the Elderly funds. The Alliance's performance and obligation
to pay under this contract is contingent upon an annual appropriation by the
Legislature. The costs of services paid under any other contract or from any other
source are not eligible for reimbursement under this contract.
B. Contract Payment:
Pursuant to Section 215.422, Florida Statutes, the Alliance shall take no longer than
five 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 no more than 35 days from the
date 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.
C. Vendor Ombudsman:
A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as an advocate for vendors who
may be experiencing problems in obtaining timely payment(s) from a state agency. The
Vendor Ombudsman may be contacted at (850) 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 contract shall begin on July 1, 1998 or on the date the contract has been
signed by both parties, whichever is later.
2. This contract shall end on June 30, 1999.
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B. Method of Payment:
1. This is a fixed rate - advance funding contract.
2. The Alliance shall make payment to the provider for a total dollar amount not
to exceed $18,129.00, subject to the availability of funds.
3. The Alliance shall make payment to the provider for provision of services up to
a maximum number of units of service and at the rate(s) stated below:
Service to be Unit of Unit Maximum Maximum
Provided Service Rate Units Dollars
Case Mngmt 1 hour $49.130081 369 $18,129
4. Payment shall be on an advance basis in accordance with the Department of
Elder Affairs Programs Management Manual and ATTACHMENT II. All request
for payment and expenditure reports that will be submitted to support requests
for payment shall be on DOEA forms 106H and 105H. A separate receipt and
expenditure report, form 105H, must be submitted for Home Care for the
Elderly funds when requesting payment. Duplication or replication of both
forms via data processing equipment is permissible but replications must
include all data elements in the same format as included on department forms.
5. The provider may request a monthly advance for each of the first three months
of the contract period, based on anticipated cash needs. Detailed
documentation justifying cash needs for advances must be maintained in the
contract manager's file. All payment requests for the fourth through the
twelfth month shall be based on the submission of monthly actual expenditure
reports beginning with the first month of the contract. The schedule for
submission of advance requests is ATTACHMENT 11 to this contract.
Reconciliation and recouping of advances made under this contract are to be
completed by the time the final payment is made. All advance payments are
subject to the availability of funds.
6. Advance funds may be temporarily invested by the provider in an insured
interest bearing account. All interest earned on contract fund advances must
be returned to the Alliance at the end of the first quarter of the contract period.
7. Any payment due by the Alliance under the terms of this contract may be
withheld pending the receipt and approval by the Alliance of all financial and
programmatic reports due from the provider and any adjustments thereto.
C. Termination:
1. Termination at Will
This contract may be terminated by either party upon no less than thirty (30)
calendar days notice, without cause, unless a lesser time is mutually agreed
upon by both parties, in writing. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery.
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2. Termination Because of Lack of Funds
In the event funds to finance this contract become unavailable, the Alliance
may terminate the contract upon no less than twenty -four (24) hours notice in
writing to the provider. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery. The Alliance shall be the
final authority as to the availability of funds.
3. Termination for Breach
Unless the provider's breach is waived by the Alliance in writing, or the
provider fails to cure the breach within the time specified by the Alliance, the
Alliance may, by written notice to the provider, terminate this contract upon
no less than twenty -four (24) hours notice. Said notice shall be delivered by
certified mail, return receipt requested, or in person 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 contract 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 contract. The
provisions herein do not limit the Alliance's right to remedies at law or to
damages.
D. Suspension:
1. Reasonable Cause
The Alliance may, for reasonable cause, temporarily suspend the use of funds
by a provider pending corrective action, or pending a decision of terminating
the contract. Reasonable cause is such cause as would compel a reasonable
person to suspend the use of funds pursuant to this contract; it includes, but
is not limited to, the provider's failure to permit inspection of records, provide
reports, rectify deficiencies noted by the Alliance within the time specified by
the Alliance, use funds as agreed in this contract, or such other cause as might
constitute breach of any of the terms of this contract.
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:
corrective actions necessary to remove the suspension; the provider's right to
an administrative hearing; and, the appropriate time period to request an
administrative hearing before the effective date of the suspension (unless
provider actions warrant an immediate suspension).
E. Notice and Contact:
1. The name, address and telephone number of the contract manager for the
Alliance for this contract is:
John L. Stokesberry, Executive Director
9500 South Dadeland Blvd., Suite 400
Miami, Florida 33156
(305) 670 -6500 SUNCOM 455 -6502
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2. The name, address and telephone number of the representative of the provider
responsible for administration of the program under this contact is:
Louis LaTorre
5100 College Road - Wing III
Key West, FL 33040
(305) 292 -4420
3. In the event different representatives are designated by either party after
execution of this contract, notice of the name and address of the new
representative will be rendered in writing to the other party and said notification
attached to originals of this contract.
F. Renegotiation or Modification:
1. Modifications of provisions of this contract shall only be valid when they have
been reduced to writing and duly signed. The parties agree to renegotiate this
contract if revisions of any applicable laws, or regulations make changes in this
contract necessary.
2. The rate of payment and the total dollar amount may be adjusted retroactively
to reflect price level increases and changes in the rate of payment when these
have been established through the appropriations process and subsequently
identified in the Alliance's operating budget.
G. Special Provisions:
1. Program Income
Program Income earned may be spent in the same year as earned. Any
program income funds not spent may be carried forward into the next fiscal
year. Any prior year program income carried forward must be spent in the
following year.
2. State Laws and Regulations
The provider agrees to comply with applicable parts of Rule 58H -1, Florida
Administrative Code, and Sections 430.601 - 430.608, Florida Statutes and
the Department of Elder Affairs Programs Management Manual.
3. Property
a. Nonexpendable property is defined as tangible property of a
nonconsumable nature with an acquisition cost of $500 or more per
unit, and an expected useful life of at least one year; and hardback
bound books not circulated to students or the general public, with a
value or cost of $100 or more. Hardback books with a value or cost
of $25 or more should be classified as an OCO expenditure only if they
are circulated to students or to the general public.
b. All property, purchased under this contract or purchased by the
Alliance and received by the provider shall be listed on the property
records of the provider. Said listing shall include a description of the
property, model number, manufacturer's serial number, funding source,
information needed to calculate the federal and /state share, date of
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acquisition, unit cost, property inventory number and information on
the location, use and condition, transfer, replacement or disposition of
the property.
c. All purchased property shall be inventoried annually. An inventory
report will be submitted to the Alliance upon request by the Alliance.
d. Title (ownership) to all property acquired with funds from this contract
or otherwise purchased by the Alliance shall be vested in the Alliance
upon completion or termination of the contract.
e. At no time shall the provider dispose of nonexpendable property except
with the permission of, and in accordance with instructions from the
Alliance.
f. A budget amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in the originally approved
budget.
g. Information Technology Resources:
The provider must adhere to the Department of Elder Affairs'
procedures and standards when purchasing Information Technology
Resources (ITR) as part of this contract. An ITR worksheet is required
for any computer related item costing $500.00 or more, including data
processing hardware, software, services, supplies, maintenance,
training, personnel and facilities. The provider agrees to secure prior
written approval through the contract manager from the department's
Information Systems director for the purchase of any ITR. The provider
will not be reimbursed for any purchases made prior to this written
approval on the ITR worksheet.
4. Copyright Clause
Where activities supported by this contract produce original writing, sound
recordings, pictorial reproductions, drawings or other graphic representation
and works of any similar nature, the Alliance has the right to use, duplicate and
disclose such materials in whole or part, in any manner, for any purpose
whatsoever and to have others acting on behalf of the Alliance do so.
If the materials so developed are subject to copyright, trademark or patent,
then legal title and every right, interest, claim or demand of any kind in and to
any patent, trademark, copyright, or application for the same, will vest in the
State of Florida, Department of State, for the exclusive use and benefit of the
state. Pursuant to Section 286.021, Florida Statutes, no person, firm or
corporation, including parties to this contract, shall be entitled to use the
copyright, patent or trademark without the prior written consent of the
Department of State.
5. Grievance and Appeal Procedures
In accordance with ATTACHMENT 111, Minimum Guidelines for Recipient
Grievance Procedures, the provider will have procedures for handling
complaints from persons who complain service has been denied, terminated or
reduced improperly.
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6. Investigation of Allegations
Any report that implies criminal intent on the part of this provider or any service
provider agency and referred to the state attorney must be sent to the Alliance.
The provider must investigate allegations regarding falsification of client
information, service records, payment requests, and other related information.
7. 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 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, Deputy Secretary or his /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.
The provider agrees to submit to the Alliance on an annual basis, and no later
than March 30th, a disaster preparedness and response plan which will include
at a minimum, the following:
a. Activities undertaken to educate clients and the community regarding
disaster preparedness and response, and the needs of the elderly.
b. Activities undertaken to identify the special needs of clients and how
these will be met in the event of a disaster.
c. Activities undertaken to participate with local, municipal and county
agencies to assist in the development of local disaster preparedness
and response plans which include the special needs of the elderly.
d. Specific plans developed for the continuation and /or suspension and
resumption of service in the event of a disaster.
8. 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.
13
9. Client Information, Registration and Tracking System (CIRTS) and Management
Information Systems
a. The area agency on aging shall employ a Local Area Network (LAN)
Administrator who shall assure Area Agency on Aging compliance with
the requirements of the "LAN administrator Guidelines" adopted by the
department. These "Guidelines" delineate the roles and responsibilities
of the Local Area Network Administrator. The area agency on aging
shall assure any other support necessary for full "LAN Administrator
Guidelines" compliance.
b. Area agencies will ensure the collection and maintenance of Home Care
for the Elderly (HCE) subsidies and case management information on a
monthly basis from the Client Information and Registration Tracking
System (CIRTS). Maintenance includes valid exports and backups of
all data and systems according to department standards.
c. Lead agencies must enter all data for HCE subsidies in the CIRTS by the
15th of each month. HCE subsidy data entered into the CIRTS by the
15th of the month will be for payments incurred between the 16th of
the previous month and the 15th of the current month. Case
management data entered into the CIRTS by the 15th of the month will
be for units of service provided during the previous month from the
16th and up to and including the 15th of the current month. Case
management units of service may be entered according to the agency
schedule, in aggregate on the 31st or daily, weekly or monthly.
d. Lead agencies will cease data entry for HCE subsidies on the 15th of
the month and run a CIRTS Monthly Service Utilization Report, by client
and by worker identification.
e. Lead agencies will verify, correct, and certify the Monthly Utilization
Report, by client and by worker identification, and submit this report to
the area agency on aging by the 20th of the month in which the report
is generated. The area agency an aging may also require a Request for
Payment and Receipt and Expenditure Report for case management to
accompany this report.
f. Caregivers who are determined eligible for the HCE basic subsidy after
the 15th of a month, will be processed by lead agencies to begin
eligibility for the HCE basic subsidy on the 1st day of the next month.
g. The Alliance will reconcile and verify the CIRTS data prior to payment
for HCE basic and special subsidies and case management.
h. The Alliance will process basic and special subsidy checks to caregivers
by the 3rd of the month following the month services are rendered.
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.
14
, f
10. 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 imminent risk of nursing home placement and referred to the
Home Care for the Elderly Program will have services started immediately. The
Alliance and lead agencies must shelter an adequate number of slots to serve
these CARES referrals.
11. Business Hours
Area agencies and lead agencies must at a minimum maintain business hours
from 8:00 AM to 5:00 PM daily, Monday through Friday.
12. Transfer Between Budget Categories
The provider may with prior written approval by the Alliance contract manager,
implement a budget transfer from the HCE case management cost category to
the HCE subsidies cost category. The provider may also with prior written
approval by the Alliance's contract manager, implement a budget transfer from
the HCE administrative cost category to the HCE subsidies or HCE case
management cost categories.
13. Client Outcomes
a. In preparation for performance -based program budgeting, the provider
will develop client outcome measures consistent with those developed
by the Alliance, including the following:
• Elders will live in the least restrictive and most appropriate
setting
• Services will be provided to those elders most in need
• Frail elder functional status is maintained or improved
• Long -term care resources are efficiently and effectively used
• Client environment is maintained or improved
• Social interaction is improved
• Nutritional risk is reduced
• Caregiver emotional and physical health are maintained or
improved
• Elders, families and /or caregivers are better informed so that
elders are better able to exercise autonomy and make informed
choices
b. In preparation for performance -based program budgeting, the Alliance
will set targets for the performance of outcome measures. These
targets will be amended into contracts. The provider will be
responsible for achieving these targets.
15
H. Name, Mailing and Street Address of Payee:
1. The name (provider name as shown on page 1 of this contract) and mailing
address of the official payee to whom the payment shall be made:
Monroe County Board of Commissioners
5100 College Road - Wing III
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
5100 College Road - Wing III
Key West, FL 33040
(305) 292 -4420
16
I. All Terms and Conditions Included:
This contract and its attachments as referenced,
Attachment I: Financial and Compliance Audits
Attachment II: Advance /Reimbursement Schedule
Attachment III: Minimum Guidelines for Recipient Grievance Procedures
contain all the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF, the parties hereto have caused this 22 page contract to be executed by their
undersigned officials as duly authorized.
PROVIDER: MONROE COUNTY BOARD ALLIANCE FOR AGING, INC.
OF COMMISSIONERS
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGN : D � SIGNE ► /
BY: ��4/ BY:
NAME: ,J/k 1-0,161 NAME: WILLIS N. MURRAY
TITLE: /VI / - `"M TITLE: PRESIDENT
DATE: U qr DATE: w / g
FEDERAL ID NUMBER: 59- 6000749. _,
PROVIDER FISCAL YEAR ENDING DATE: 9/30
APPR • D AS TO FO'
AN GAL SUFFICIE �1 . _ AL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY .'°1
BY
DEPUTY CL K
17
,
ATTACHMENT I
FINANCIAL AND COMPLIANCE AUDITS
This attachment is applicable, if the provider or grantee hereinafter referred to as provider, is any local government entity, nonprofit
organization, or for - profit organization.
PART I: SINGLE AUDIT
This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from
the Alliance during its fiscal year. The provider has "received" funds when it has obtained cash from the Alliance or when it has incurred
expenses which will be reimbursed by the Alliance.
The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current
Government Auditing Standards ( "Yellow Book ") issued by the Comptroller General of the United States. Local governments shall comply
with Office of Management and Budget (OMB) Circular A -128. Audits of State and Local Governments. Nonprofit providers receiving federal
funds passed through the Alliance shall comply with the audit requirements contained in OMB Circular A -133 , Audits of Institutions of
Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the
organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the
"Yellow Book ", and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance
that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment.
Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules, regulations,
or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching
requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated and fully disclosed in the audit report
with reference to the Alliance contract involved. These requirements do not expand the scope of the audit as prescribed by the "Yellow
Book ".
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance reports(s) in
accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts
are funded from state grants and aids appropriations.
Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed
by independent auditors, other than the Auditor General, shall be submitted within 180 days after the end of the provider's fiscal year,
unless otherwise required by Florida Statutes, to the following:
A. John L. Stokesberry, Contract Manager for the Alliance (Please submit two copies):
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 4 : 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. John L. Stokesberry, Contract Manager for the Alliance (Please submit two copies):
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 111: 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
19
ATTACHMENT II
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
HOME CARE FOR THE ELDERLY PROGRAM
Submit to Alliance
Report On This Date
Number Month Based On Date
1 July Advance* July 1
2 August Advance* July 1
3 September Advance* August 1
4 October July Expenditure Report August 15
5 November August Expenditure Report September 15
6 December Sept. Expenditure Report October 15
7 January Oct. Expenditure Report November 15
8 February Nov. Expenditure Report December 15
9 March Dec. Expenditure Report January 15
10 April Jan. Expenditure Report February 15
11 May Feb. Expenditure Report March 15
12 June March Expenditure Report April 15
13 July Adv. Recon. ** April Expenditure Report May 15
14 Aug. Adv. Recon. ** May Expenditure Report June 15
15 Sept. Adv. Recon. ** June Expenditure Report July 15
16 ** Final Request for Payment August 14
17 ** Closeout Report August 29
Legend: * Advance based on projected cash need.
* * Submission of expenditure reports may or may not generate a payment request. If closeout report reflects
funds due back to the Alliance, payment is to accompany the report.
Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Alliance until the contract with the
Alliance has been executed.
Note # 2: A final payment request may be submitted to the Alliance by the provider up to 45 days after the contract
has ended.
Note # 3: The last three months of the provider's fiscal reports covering actual expenditures should reflect an
adjustment repaying advances for the first three months of the contract.
20
r ,
• s ATTACHMENT III
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;
the opportunity to be represented by herself or by legal counsel, a relative, a friend or other qualified
representative.
21
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 included 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- 1.0101851, (98) and (99), F.A.C., "Fair Hearings,"
"Grievance," and "Grievance Procedure."
22