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06/18/1997 Contract
i July 17, A1997 rea Agenc on Aging for Dade and Monroe Counties A LIA Lou is LaTorre, Executive Director `'a . ` . Fo Monroe County Social Services AGING, 5100 College Road - Wing III • Inc. Key West, FL 33040 At 18 air SUBJECT: CONTRACT HC -972 r' OFFICERS WILLIS N. MURRAY Dear Louie: President $ RAbIONA FRISCH IAN, Ed.D. Enclosed please find an executed copy of your 1997 -98 Home Care for the Vice President Elderly contract with the Alliance which awards a total of $62,944 to your agency in order to provide the following: COMM. MARY KAY REICH Secretary SERVICE UNITS CLIENTS TOTAL AWARD ROBERT EBERST Case Mngmnt 41 3.75 40 $18, 129 Treasurer IMMEDIATE PAST PRESIDENT This will be a unit cost contract and you will be reimbursed at a fixed rate of CARLOS NOBLE $43.816314 per unit of service up to the total amount under contract. BOARD MEMBERS I am also forwarding a copy of the Memorandum Of Agreement we shall require in order to make basic and special subsidy payments authorized by your staff for ALBERT AFTERMAN clients to be enrolled in your HCE program during 1997 -98. The total amount DONALD E. BAKER, Esq. of the spending authority approved for Monroe County Social Services is ROSLYN BERRIN $62,944. CONCHY T. BRETOS CAROLINA CALDERIN MICHAEL FRIEDMAN If you have any questions please call (305) 670 -6500 and ask for Loretta CHARLES GRAY Kush (Ext. 29) or me (Ext. 223). HON. ROBERT B. INGRAM NORMA LEMBERG BENJAMIN LEON Sincerely, GENEVA MILLER JEAN JONES PERDUE, M.D. JULIA PRANSCHKE '� F Ica MARTIN URRA `�� —� t ` DR. FREEMAN T. WYCHE Pedro Jove L. GEORGE YAP Assistant Director EXECUTIVE DIRECTOR JOHN L. STOKESBERRY, M.Ed. Enc. 9500 Solidi Dadeland II sulevard, Suite 400, Miami, ]Florida 33156, Tel .(305) 670 - 6500, Suncom 455 -6500 Fax (305) 670 - 6516, TDD (305) 670 -7721 Contract No. HC -972 1997 -98 HOME CARE FOR THE ELDERLY CONTRACT (FIXED RATE) 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, 1997 to June 30, 1998, and any revisions thereto approved by the Alliance and located in the contract manager's file, are referenced as a part of this legal agreement 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, 1997 to June 30, 1998 of Monroe County Board of Commissioners and the Department of Elder Affairs Programs and Services 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 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. 1 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 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 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 thereof. 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, 1997 to June 30, 1998, 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. G. Indemnification: 2 • 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, Toss, 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 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 the 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 beyond that provided in section 768.28, Florida Statutes (See also Indemnification Clause). 3 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: 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 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 the date of being placed on the convicted vendor list. 4 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 contract. 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 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 and Services 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 information system instructions. 5. To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT I 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 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 examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. 5 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 Home Care for the Elderly Provider Application for July 1, 1997 to June 30, 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 contract for any purpose except upon written consent of the recipient, or the recipient's authorized representative. 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, 1997 to June 30, 1998 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. 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 6 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. T. 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. U. 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 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: 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 7 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 no 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. 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 (904) 488 -2924 or by calling the State Comptroller's Hotline, 1- 800 - 848 -3792. 111. Provider and Alliance Mutually Agree: . A. Effective Date: 1. This contract shall begin on July 1, 1997 or on the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 1998. 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 hr. $43.816314 413.75 $18,129 4. Payment shall be on an advance basis in accordance with the Department of Elder Affairs Programs and Services 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. 8 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 I1 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. The provider may request extraordinary cash in addition to the above advance requests in accordance with DOEA Administrative Policy Memorandum Number A0012. 8. 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 Tess 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. 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: 9 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, 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 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: 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 contract is: John L. Stokesberry, Executive Director 9500 South Dadeland Blvd., Suite 400 Miami, Florida 33156 (305) 670 -6500 SUNCOM 455 -6502 2. The name, address and telephone number of the representative of the provider responsible for administration of the program under this contact is: Louis La Torre 5100 College Road - Wing III Key West, FL 33040 (305) 292 -4420 3. In the event that 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 10 identified in the Alliance's operating budget. G. Special Provisions: 1. State Laws and Regulations The provider agrees to comply with applicable parts of Rule 58H -1, Florida Administrative Code, Chapter 95 -418, Sections 69 and 81 through 86, Laws of Florida, and Sections 430.601 - 430.607, Florida Statutes and the Department of Elder Affairs Programs and Services Manual. 2. Nonexpendable Property a. Nonexpendable property is defined as tangible property of a nonconsumable nature that has an acquisition cost of $500 or more per unit, and an expected useful life of at least one year; and hardback bound books that are not circulated to students or the general public, the value or cost of which is $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 such 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 acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. c. All such 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 nonexpendable 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 Management Systems director for the purchase of any ITR. The 11 provider will not be reimbursed for any purchases made prior to this written approval on the ITR worksheet. 3. 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. 4. Grievance and Appeal Procedures In accordance with ATTACHMENT IV, Minimum Guidelines for Recipient Grievance Procedures, the provider will have procedures for handling complaints from persons who complain that service has 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 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. 12 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. 11. Home Care for the Elderly Subsidies and Case Management Information 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 13 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 25th of the month in which the report is generated. The Area Agency on 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. i. The above collection, reconciliation and verification of payment data will be done in accordance with the Department of Elder Affairs Programs and Services Manual and Division of Administration Policy Memorandum. 12. 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 Area Agency and lead agencies must shelter an adequate portion of funds to serve these CARES referrals. 13. 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. 14. 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. 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: 14 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 La Torre 5100 College Road - Wing III Key West, FL 33040 (305) 292 -4420 15 1. All Terms and Conditions Included: G This contract and its attachments as referenced, Attachment I: Financial and Compliance Audits Attachment II: Advance /Reimbursement Schedule Attachment III: Special Contract Provisions Attachment IV: 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. • C • , MISSIONERS SIGNE ► 0� �W SIGNED / /- t B -j / BY: / _ �r �. NAME: / ©�� L- S$ NAME: WILLIS N. MURRAY TITLE: / 1 r 4 / b K_. TITLE: PRESIDENT DATE: 04 - /i - DATE: WA/9 FEDERAL ID NUMBER: 59- 6000749 , PROVIDER FISCAL YEAR ENDING DATE: 9/30 ,,, ,,,--7-. 7 ,7 ', .. is 1.-i k \ ' i APPROVED SUFFK f ' ''' . Y L. KOLHAGE, CLERK AND LE / B(L C . LW e %, it'• ANN � DEPUTY CLERK DAT 16 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 17 PART II : 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 Tess 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 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 18 ATTACHMENT I1 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. 19 , ATTACHMENT III SPECIAL CONTRACT PROVISIONS In accordance with prescribed disaster preparedness and response guidelines developed by the Department of Elder Affairs and /or the Alliance for Aging, all service providers agree 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. } 20 . • 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 21 , _ ,,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. 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." 22