09/08/1993 CONTRACT NO. DR-351
TITLE IV - DISASTER RECOVERY CONTRACT (ADVANCE/COST REIMBURSEMENT)
THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance ", and
• the Monroe County Board of Commissioners, hereinafter referred to as the "provider ".
The parties agree:
Provider Responsibilities
A. Services to be Provided:
The Title IV Disaster Recovery Application of the provider, and any revisions thereto approved by the Alliance, are
referenced as a part of this legal contract between the Alliance and the provider and prescribe the manner in which
the provider will meet the requirements of the Older Americans Act of 1965, as amended.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described in the Title IV Disaster Recovery Application,
and HRSM 140 -1 and HRSM 55 -1. In the event these manuals are revised, the contract will incorporate any such
revision and the provider will be given a copy of the revisions.
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 applicable regulations.
2. The provider shall comply with the provisions of the U.S. Department of Labor, Occupational
Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030.
3. The provider shall comply with all applicable standards, orders, or regulations issued under
Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of
the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and
Environmental Protection Agency regulation (40 CFR Part 15). The provider shall report any
violations of the above to the Alliance.
4. The provider must, prior to contract execution, complete the Certification Regarding Lobbying
form, ATTACHMENT I. If a Disclosure of Lobbying Activities fern, Standara FornrtLL, is
required, it may be obtained from the contract manager. All discsure'form*as required by
the Certification Regarding Lobbying form must be completed arnd to the Zpntract
manager. r
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D. Audits and Records:
The Provider Agrees: N
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.
3. To maintain and file with the Alliance such progress, fiscal 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.
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4. To submit management, program, and client identifiable data, as specified by the Alliance per
the Management Information System policies. 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 11
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.
E. Retention of Records:
The Provider Agrees:
1. To retain all client records, financial records, supporting documents, statistical records, and
any other documents (including electronic storage media) pertinent to this 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, state and federal auditors, pursuant to 45 CFR, Part
74.24(a), (b), and (d), and 92.42(e) (1) and (2) shall have full access to and the right to
examine any of said records and documents during said retention period.
F. Monitoring:
The Provider Agrees:
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 Title IV Disaster Recovery Application.
2. 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 comments with regard to the manner in which said goods
or services are being provided. The provider will rectify all noted deficiencies provided by the
Alliance within the specified period of time set forth in the comments, or provide the Alliance
with a reasonable and acceptable justification for not correcting the noted shortcomings. The
provider's failure to correct or justify within a reasonable time as specified by the Alliance
may result in the withholding of payments, being deemed in breach or default, or termination
of this contract.
G. Indemnification:
The Provider Agrees:
1. To be liable for and indemnify the Alliance against all claims, suits, judgements, or damages,
including court costs and attorney's fees, arising out of the negligent or intentional acts or
omissions of the provider, and its agents, subcontractors, and employees, in the course of
the operation of this contract.
2. To defend the Alliance, upon receiving timely written notification from the Alliance, against
all claims, suits, judgements, or damages, including costs and attorney's fees, arising out of
the negligent or intentional acts or omissions of the provider and its agents, subcontractors,
and employees, in the course of the operation of this contract.
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3. Where the provider and the Alliance commit joint negligent acts, the provider shall not be
liable for nor have any obligation to defend the Alliance with respect to that part of the joint
negligent act committed by the Alliance.
4. In no event shall the provider be liable for or have any obligation to defend the Alliance
against such claims, suits, judgements, or damages, including costs and attorney's fees,
arising out of the sole negligent acts of the Alliance.
H. Insurance and Bonding:
The Provider Agrees:
1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such
liability insurance at all times during the existence of this 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. 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, 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.
Safeguarding Information:
The Provider Agrees:
Not to use or disclose any information concerning a recipient of services under this contract for any
purpose not in conformity with the state regulations and federal regulations (45 CFR, Part 205.50),
except upon written consent of the recipient, or his responsible parent or guardian when authorized
by law.
J. Assignments and Subcontracts:
The Provider Agrees:
1. Alliance approval of the Title IV Disaster Recovery Application shall constitute Alliance
approval of the provider subcontracts if the subcontracts follow the service and funding
information identified in the providers application. The provider must submit all contracts for
services under the Title IV Disaster Recovery Application to the Alliance for prior approval
when the proposed subcontractor is a profit making organization. No such approval by the
Alliance of any assignment or subcontract shall be deemed in any event or in any manner to
provide for the incurrence of any obligation of the Alliance in addition to the total dollar
amount agreed upon in this contract. All such assignments or subcontracts shall be subject
to the conditions of this contract and to any conditions of approval that the Alliance shall
deem necessary.
2. Unless otherwise stated in the contract between the provider and subcontractor, payments
made by the provider to the subcontractor must be within seven (7) working days after
receipt by the provider of full or partial payments from the Alliance in accordance with section
287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a
penalty charged against the provider and paid to the subcontractor in the amount 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.
K. Retum of Funds:
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The Provider Agrees:
1. To return to the Alliance any overpayments 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 twenty (20) 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 twenty 120)
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 twenty (20) calendar
days after the date of notification or discovery.
L. Abuse Neglect and Exploitation Reporting:
The Provider Agrees:
1. In compliance with Chapter 415, F.S., an employee of the provider who knows, or has
reasonable cause to suspect, that a child, aged person or disabled adult is or has been
abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the
central abuse registry and tracking system of the Department of Health and Rehabilitative
Services on the single statewide toll -free telephone number (1- 800- 96ABUSE).
2. The provider will ensure through contractual provision in their subcontracts with direct service
providers that the prioritization of clients include TOP PRIORITY to those clients determined
to be victims of abuse, neglect or exploitation by the Department of Health and Rehabilitative
Services.
M. Transportation Disadvantaged:
The Provider Agrees:
If clients are to be transported under this contract, the provider will comply with the provisions of
Chapter 427, Florida Statutes, and Rule Chapter 41 -2, Florida Administrative Code.
N. Purchasing:
The Provider Agrees:
1. 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, Florida
Statutes.
0. Civi 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:
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1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which
prohibits discrimination on the basis of race, color, or national origin in programs and activities
receiving or benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits
discrimination on the basis of handicap in programs and activities receiving or benefiting from
federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which
prohibits discrimination on the basis of sex in education programs and activities receiving or
benefiting from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits
discrimination on the basis of age in programs or activities receiving or benefiting from federal
financial assistance.
5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C.
9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex,
handicap, political affiliation or beliefs in programs and activities receiving or benefiting from
federal financial assistance.
6. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits
discrimination against, and provides equal opportunities for individuals with disabilities, in
employment, public services, and public accommodations.
7. All regulations, guidelines, and standards as are now or may be lawfully adopted under the
above statutes.
8. The provider further assures that all contractors, subcontractors, subgrantees, or others with
whom it arranges to provide services will comply with the above laws and regulations.
P. Requirements of Section 287.058, Florida Statutes:
The Provider Agrees:
1. To submit bills for fees or other compensation for services or expenses in sufficient detail for
a proper pre -audit and post -audit thereof.
2. Where applicable, to submit bills 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 Title IV Disaster Application, 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.
G. Withholdings and Other Benefits:
The Provider is responsible for Social Security and Income Tax withholdings.
R. Sponsorship:
1. As required by Section 286.25, Florida Statutes, when sponsoring a program financed wholly
or in part by state funds, including any funds obtained through this contract, the provider
assures that all notices, informational pamphlets, press releases, advertisements, descriptions
of the sponsorship of the program, research reports, and similar public notices prepared and
released by the provider shall include the statement:
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"Sponsored by the Monroe County Board of Commissioners and the State of Florida,
Department of Elder Affairs ".
If the sponsorship reference is in written material the words "State of Florida, Department of
Elder Affairs" shall appear in the same size letters and type as the name of the organization.
• 2. The contract manager's written approval is required prior to the provider's use of the name
of the Alliance, or the Department of Elder Affairs for solicitation of funds.
S. Final Invoice:
The Provider Agrees:
To submit the final invoice for payment to the Alliance no more than fifty (50) 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.
T. Use of Funds For Lobbying Prohibited:
The Provider Agrees:
To comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditures
of contract funds for the purpose of lobbying the Legislature or a state agency.
II. Aiance ResponsibTties
A. Contract Amount:
To pay for contracted services according to the conditions of this contract in an amount not to exceed
$55,601.00 subject to the availability of funds. The Alliance for Aging's performance and obligation
to pay under this contract is contingent upon the availability of funds to the Alliance through its
contract with the Department of Elder Affairs. 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:
1. Pursuant to Section 215.422, Florida Statutes, the voucher authorizing payment of an invoice
submitted to the Alliance shall be filed with the State Comptroller not later than twenty (20)
days from the latter of the date a proper invoice is received or receipt, inspection and
approval of the goods or services, except that in the case of a bona fide dispute the voucher
shall contain a statement of the dispute and authorize payment only in the amount not
disputed.
2. The date on which an invoice is deemed received is the date on which a proper invoice is first
received at the place designated by the Alliance. Invoices which have to be returned to a
vendor because of vendor preparation errors will result in delay in the payment. The invoice
payment requirements do not start until a properly completed invoice, as defined in Rule
Chapter 3A -24, Florida Administrative Code, is provided to the Alliance.
3. Approval and inspection of goods or services shall take no longer than five (5) working days
unless the bid specifications, purchase order or contract specifies otherwise. Such approval
is for the purpose of authorizing payments and does not constitute a final approval of services
purchased under this contract.
4. A payment is deemed to be issued on the first working day that payment is available for
delivery or mailing to the provider.
5. If a warrant in payment of an invoice is not issued within forty (40) days, or thirty -five days
for health care providers as defined in Rule Chapter 3A -24, Florida Administrative Code, after
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the receipt of the invoice and receipt, inspection, and approval of the goods and services, the
Alliance shall pay to the provider, in addition to the amount of the invoice, interest at a rate
of one (1) percent per month calculated on a daily basis on the unpaid balance from the
expiration of such forty (40) day period, or thirty -five (35) day period for health care providers
as defined in Rule Chapter 3A -24, Florida Administrative Code, until such time that the
warrant is issued to the provider. The temporary unavailability of funds to make a timely
payment due for goods or services does not relieve the Alliance from this obligation to pay
interest penalties.
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.
III. Provider and Aiance Mutual Responsiblhties
A. Effective Date:
1. This contract shall begin on August 24, 1992, based on the Emergency Certification for
Retroactive Payment.
2. This contract shall end on November 30, 1993.
B. Method of Payment:
1. Payment may be on an advance and reimbursement basis in accordance with HRSM 55 -1 and
ATTACHMENT 111. All request for payment and expenditure reports that will be submitted to
support requests for payment shall be on DOEA Forms 105 and 106. 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 Alliance forms.
2. The provider may request a monthly advance for each of the first three (3) months of the
contract period, based on anticipated cash needs. All payment requests for the remaining
months 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 III to this contract. All advance payments are subject to the availability of
funds.
3. The provider may request extraordinary cash in addition to the above advance requests in
accordance with information contained in HRSM 55 -1 and ATTACHMENT III.
4. Any payment due 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.
5. 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 closeout package which is due within fifty (50) days after the contract period
ending date.
6. Financial Reports: The provider agrees to provide an accurate, complete and current
disclosure of the financial results of this contract as follows:
a. To submit all requests for payment and expenditure reports according to the format,
schedule and requirements specified in ATTACHMENT III and HRSM 55 -1.
b. To submit a contract closeout report to the Alliance as specified in HRSM 55 -1 or
other procedures to be determined by the Alliance.
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c. A completed Older Americans Act Annual Report for services provided during 08 -24-
92 through 09 -30 -92 is due to the contract manager by May 1, 1993. A completed
Older Americans Act Annual Report is due to the contract manager on or by
October 1, 1993 for services provided during 10 -01 -92 through 09- 30 -93. The
format will be distributed by the Alliance when received from DOEA. A supplemental
to the OAA Annual Report for 10 -01 -93 to 11 -30 -93 will be included with the
closeout package due fifty (50) days after the end of the contract period.
d. To submit a semi - annual program report to the Alliance not later than five (5) days
after the first six months of the project. A final program report is due to the Alliance
not later than thirty (30) days after the project period ends. The format for this
report is ATTACHMENT IV.
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. 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, 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 13A- 1.006(4), 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, 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
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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
Alliance for Aging, Inc.
9500 South Dadeland Blvd., Suite 400
Miami, FL 33156
(305) 670 -6500
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
Monroe County Social Services
1315 Whitehead Street
Key West, FL 33040
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 federal and /or
state 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 operating budget of the
Department of Elder Affairs.
G. Special Provisions:
1. 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 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 property, purchased under this contract, shall be inventoried annually, and
an inventory report shall be submitted to the Alliance along with the final expenditure
report. A report of nonexpendable property shall be submitted to the Alliance along
with the expenditure report for the period in which it was purchased.
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d. Title (ownership) to all nonexpendable property acquired with funds from this
contract shall be vested in the Department of Elder Affairs upon completion or
termination of the contract.
e. At no time shall the provider dispose of nonexpendable property purchased under this
contract except with the permission of, and in accordance with instructions from the
Alliance.
f. A revision to the Title IV Disaster Recovery Application is required prior to the
purchase of any item of nonexpendable property not specifically listed in the
approved budget.
g. Information Technology Resources
The provider must adhere to the department's procedures and standards when
purchasing Information Technology Resources (ITR) as part of this contract. ITR are
data processing hardware, software, services, supplies with a single item cost of
$500.00 or more, maintenance, training, personnel and facilities. The provider
agrees to secure prior written approval through the contract manager from the
Department of Elder Affairs Management System Director for the purchase of any
ITR. The provider will not be reimbursed for any purchases made prior to this written
approval.
2. Match
There are no requirements for matching funds for the Title IV Disaster Recovery funds.
3. Older American Act Funds
The provider and the Alliance agree to perform the services of this contract in accordance
with all federal, state and local laws, rules, regulations and policies that pertain to Older
American's Act funds.
4. Fees for Services
The provider assures that Older Americans Act paid staff will not assess nor collect fees from
eligible clients for Older Americans Act funded services. Subcontractors may charge fees for
services not paid for with Older Americans Act funds to those persons who are able to pay
part or all of the cost of services.
5. Carry Forward Funds
Federal fiscal year funding provided in this contract is subject to substitution by prior year's
carry forward funds in accordance with procedures identified in Section 4 -15, HRSM 55 -1
or other procedures determined by the Alliance. The Alliance has the authority to re -award
current year funds in excess of five percent which are deobligated by this process. This
provision excludes senior center carry forward funds.
6. 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 (1987),
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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.
7. Grievance and Fair Hearing Procedures
The provider will assure through contractual provisions that service provider agencies utilize
the fair hearing system outline in 10A- 11.07(e) Florida Administrative Code.
8. 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 Alliance must investigate allegations
regarding falsification of client information, service records, payment requests, and other
related information.
9. Disaster
In the event the President of the United States or the Governor of the State of Florida
declares a disaster or a state of emergency, the Department of Elder Affairs may exercise
authority over an area agency or service provider in order to implement emergency relief
measures and /or activities. Only the Secretary or Deputy Secretary of the Department of
Elder Affairs shall have such authority to order the implementation of such measures. All
actions directed by the Department under this section shall be for the purpose of ensuring the
health, safety and welfare of the elderly in the disaster area.
H. Name, Maing 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
1315 Whitehead Street
Key West, FL 33040
2. The name of the contact person and street address where financial and administrative records
are maintained:
Louis LaTorre
Monroe County Social Services
1315 Whitehead Street
Key West, FL 33040
All Terms and Conditions Included:
This contract and its attachments as referenced:
Attachment I: Certification Regarding Lobbying
Attachment 11: Financial and Compliance Audits
Attachment 111 Reimbursement Schedule
Attachment IV: Performance Reporting Requirement
contain all the terms and conditions agreed upon by the parties.
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IN WITNESS THEREOF, the parties hereto have caused this 17 page contract to be executed
by their undersigned officials as duly authorized.
MONROE COUNTY BOARD OF ALLIANCE FOR AGING, INC.
COMMISSIONERS
SIGNS DO / SIG ' ED J
BY: �1 sl ,.
--�- 'oseJ�.id L.- --os 7
N A : `Jdek l6 1 NAME:
vre5, d-e, *
TITLE: q (pc, /4CkyDe. " n TITLE:
DATE: September 8, 1993 DATE: cli /93
ATTEST: DANNY L. KOLHAGE, CLERK 421/Tintt;
By 40-iti ��
FEDERAUMBER: 59- 60 /j
PROVIDER FISCAL YEAR ENDING DATE:
f
�.� Vt �S ` -/fin.•
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ATTACHMENT I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE
AGREEMENT
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with the awarding of any federal grant, the
making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not • - than $100,000 for each such failure.
September 8, 1993
f i r • nature Date
Jack London
Name of Authorized Individual Application or Contract Number DR -359
Monroe County Board of Commissioners ATTEST: DANNY L. KOLHAGE, CLERK
1315 Whitehead Street By act IALL C Key West, FL 33040 t C
Deputy Cl
Name and Address of Organization
DOEA 103
P V A TO FORM
Al) . !7 S F1ClENCY.
13 1 ay's Otfice
}
ATTACHMENT 11
• 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 1: 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
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
14
•
•
PART ■ : GRANTS AND ADS AUDIT /ATTESTATION
This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1) a local govemment 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
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 N: 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 govemment entity or nonprofit organization receiving a
total of less than 825,000 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
15
}
•
ATTACHMENT III
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
TITLE IV DISASTER RECOVERY
Submit to Alliance
Report Report Month: Report Based On: on or before
Number (for DOEA Form 106) (for DOEA Form 105) Date
1 August Advance* August 24
2 September Advance* August 24
3 October Advance* September 5
4 November August Expenditure Report October 5
5 December September Expenditure Report November 5
6 January October Expenditure Report December 5
7 February November Expenditure Report January 5
8 March December Expenditure Report February 5
9 April January Expenditure Report March 5
10 May February Expenditure Report April 5
11 June March Expenditure Report May 5
12 July April Expenditure Report June 5
13 August May Expenditure Report July 5
14 September June Expenditure Report August 5
15 October July Expenditure Report September 5
16 November August Expenditure Report October 5
17 September Expenditure Report November 5
18 October Expenditure Report December 5
19 November Expenditure Report January 5
20 Final Payment Request Report January 19
21 Final Closeout Package January 19
Legend: * Advance based on projected cash need.
Submission of expenditure reports may or may not generate a payment
request. If the closeout package reflects funds due back to the
Alliance, payment is to accompany the report.
Note # 1: A final payment request may be submitted to the Alliance by the
provider up to 50 days after the contract has ended.
16
•
•
ATTACHMENT IV
INSTRUCTIONS FOR PERFORMANCE REPORTING
SCHEDULE
A semi - annual program report is due not later than five (5) days after the first
six months of the project. A final program report is due not later than thirty
(30) days after the project period ends.
REPORT CONTENTS
1. Major activities and accomplishments during this period. Describe final
products in this section.
2. Problems. Describe any deviations or departures from original project
including actual /anticipated slippage in task completion dates, and
special problems encountered or expected. Use this report section to
advise the Alliance's contract manager of assistance needs.
3. Dissemination activities. Briefly describe information dissemination
activities carried out over the reporting period. Include a copy of any
newspaper, newsletter, magazine articles or other published materials
considered relevant to project activities, or used for public information
purposes.
4. Other activities.
17
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE: PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to The Alliance on Aging fn,- Dade and Monroo Counties, Inc.
[print name of the public entity]
by Jack London, Mayor
[print individual's name and title]
for The Monroe County Board of County Qsioners
[print name of entity submitting sworn statement]
whose business address is Public Service Building — Wing
Key West, Florida 33040
and, if applicable, its Federal Employer Identification Number (FEIN) is 59- 6000749
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state
or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt
or a conviction of a public eatity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating
to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea
of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of the affiliate. The ownership by one
person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons
when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organised
under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies
to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
DOEA Form 102
Form PUR 7068
•
6 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. [Indicate which statement applies.]
XNeither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entry submitting this sworn statement on the convicted vendor list. [Attach a copy
of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE, CALENDAR YEAR IN WHICH IT LS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
[signature
0 9- 08-?3
[date]
STATE OF FLORIDA
COUNTY OF MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
JACK LONDON, MAYOR who, after first being sworn by me, affixed his/her signature in the
[name of individual signing]
space provided above on this /6i day of , 19 93 .
RUTH ANN Jr:i a ; .� �Q1v�
STATE OF FLORIDA TARP PUBLIC
M► Comm X12/30/95
BONDED
My commission expires:
1
•
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS /SUBCONTRACTS
This certification is required by the regulation implementing
Executive Order 12549, Debarment and Suspension, signed February;
18, 1986. The guidelines were published in the May 29, 1987
Federal Register (52 Fed. Reg., pages 20360- 20369).
(1) The prospective provider certifies, by signing this
certification, that neither he nor his principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in
contracting with the Alliance for Aging /Department of Elder
Affairs by any federal department or agency.
(2) Where the prospective provider is unable to certify to any of
the statements in this certification, such prospective
provider shall attach an explanation to this certification.
�•
40; September 8, 1993
4°'?( Signature Date
JACK LONDON, MAYOR
Name and Title of Authorized Signee
NnNRfF. CnTTNTY MART) nF COUNTY COMMISSIONERS
Agency
ATTEST: DANNY L. KOLHAGE, CLERK
By C. i
Deputy Cler
DOEA -112, dated April 1992
1
'!f AS T r„,.
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