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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145
TEL. (305) 292 -3550
MEMORANDUM
TO: Peter Horton, Director
Division of Community Services
FROM: Ruth Ann Jantzen, Deputy Clerk ♦i •
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DATE: July 23, 1993
On June 16, 1993, the Board of County Commissioners authorized execution of the 1993-
94 Community Care for the Elderly Grant and Contract KG -351E between Alliance for
Aging, Inc., and Monroe County.
Enclosed for return to the Alliance for Aging, Inc., is a duplicate original of the subject
contract.
If you should have a question on the above, please contact me.
Enclosure
cc: County Attorney
Finance
County Administrator, w/o document
Risk Management, w/o document
File
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Contract No. KG -351E
1993 -94 STANDARD COMMUNITY CARE FOR THE ELDERLY CONTRACT
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:
I. Provider Responsibilities
A. Services to be Provided:
The approved Service Provider application for Community
Care for the Elderly Funds for July 1, 1993 to June 30,
1994 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 provider's approved application for
the Community Care for the Elderly funds for July 1, 1993
to June 30, 1994 and HRSM 140 -4. In the event the manual
is revised, the contract will incorporate any ,such1
revision and the provider will be given a copy o' th •
revised manual. CD
C:, Federal Laws and Regulations:
The provider shall comply with the provisions of 45_cFR, .71
Part 74, and /or 45 CFR, Part 92, and other regulations,`_-
if applicable.
D. Audits and Records:
The Provider Agrees:
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,
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• 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 by the Department
of Elder Affairs per the Management Information
System policies. To assure program specific data
is recorded and submitted in accordance with
Department of Elder Affairs information system
instructions.
5. To provide a financial and compliance audit to the
Alliance as specified in ATTACHMENT 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.
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 and federal
auditors, pursuant to 45 CFR, Part 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 or as long as records are
retained, whichever is later.
F. Monitoring:
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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 approved
Community Care for the Elderly Service Provider
Application for July 1, 1993 to June 30, 1994.
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 the provider's failure
to correct the noted shortcomings. The provider's
failure to correct or justify within a reasonable
time as specified by the Alliance may result in the
withholding of payments, being deemed in breach or
default, or termination of this contract.
3. To perform required program and administrative
monitoring of subcontractors. Submission of
monitoring reports will be in accordance with
Chapter 4, HRSM 140 -4, and the Department of Elder
Affair's Administrative Monitoring Instrument.
G. Indemnification*
The Provider Agrees:
1. Pursuant to F.S. 768.28 and subject to the
limitations therein, 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
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• 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.
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 protections 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.
I. Safeguarding Information:
The Provider Agrees:
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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
custodial parent or legal guardian of the recipient, as
authorized by law.
J. Assignments and Subcontracts:
The Provider Agrees: _
1. Alliance approval of the Service Provider
Application for the Community Care for the Elderly
funds for July 1, 1993 to June 30, 1994 shall
constitute Alliance approval of the provider
subcontracts if the subcontracts follow the service
and funding information identified in the approved
provider application. 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 -
half of one (1) percent of the amount due, per day
from the expiration of the period allowed herein
for payment. Such penalty shall be in addition to
actual payments owed and shall not exceed fifteen
(15) percent of the outstanding balance due.
K. Return of Funds:
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 forty (40) calendar days
after either discovery by the provider, or
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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.
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 that the prioritization of
clients include TOP PRIORITY to those clients
determined by the Department of Health and
Rehabilitative Services to be victims of abuse,
neglect or exploitation.
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:
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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.
O. Civil Rights Certification:
The provider gives this assurance in consideration of and
for the purpose of obtaining federal grants, loans,
contracts (except contracts of insurance or guaranty),
property, discounts, or other federal financial
assistance to programs or activities receiving or
benefiting from federal financial assistance. The
provider agrees to complete the Civil Rights Compliance
Questionnaire, DOEA forms 101 A and B, if services are
provided to clients and if fifteen (15) or more persons
are employed.
The Provider Assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000d et seq., which prohibits
discrimination on the basis of race, color, or
national origin in programs and activities
receiving or benefiting from federal financial
assistance.
2. Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794, which prohibits
discrimination on the basis of handicap in programs
and activities receiving or benefiting from federal
financial assistance.
3. Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. 1681 et seq., which prohibits
discrimination on the basis of sex in education
programs and activities receiving or benefiting
from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42
U.S.C. 6101 et seq., which prohibits discrimination
on the basis of age in programs or activities
receiving or benefiting from federal financial
assistance.
5. Section 654 of the Omnibus Budget Reconciliation
Act of 1981, as amended, 42 U.S.C. 9849, which
prohibits discrimination on the basis of race,
creed, color, national origin, sex, handicap,
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• 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. 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 Community Care for the Elderly
funds for July 1, 1993 to June 30, 1994, 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.
Q. Withholdings and Other Benefits:
The Provider is responsible for Social Security and
Income Tax withholdings.
R. Sponsorship:
1. As required in Section 286.25, Florida Statutes, if
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• • 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 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 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.
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. Alliance Responsibilities
A. Contract Amount:
To pay for contracted services according to the
conditions of this contract in an amount not to exceed
$510,214.00. Subject to the availability of funds, the
Alliance will reimburse no more than a total dollar
amount of $510,214.00 for expenditures made in accordance
with the approved budget for Community Care for the
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. • Elderly funds. The Alliance'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 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
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. • (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 Alliance Mutual Responsibilities
A. Effective Date:
1. This contract shall begin on July 1, 1993 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, 1994.
B. Method of Payment:
1. Payment shall be on an advance basis in accordance
with HRSM 140 -4. All request for payment and
expenditure reports that will be submitted to
support requests for payment shall be on forms
approved by the Alliance. 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 two months of the contract period,
based on anticipated cash needs. Detailed
documentation justifying cash needs for advances
must be maintained in the contract managers file.
All payment requests for the third through the
twelfth months shall be based on the submission of
monthly actual expenditure reports beginning with
the first month of the contract. The schedule for
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• submission of advance requests is the ATTACHMENT II
• to this contract. Reconciliation and recouping of
advances made under this contract are to be
completed by the time the final payment is made.
3. 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.
4. The provider may request extraordinary cash in
addition to the above advance requests in
accordance with information contained in the
approved Service Provider Application for the
Community Care for the Elderly funds for July 1,
1993 to June 30, 1994 and in HRSM 140 -4.
5. 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.
6. A final receipt and expenditure 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.
7. To submit a complete and accurate annual Service
Cost Report, DOEA Form 110, to the contract manager
per subcontract within sixty (60) calendar days of
June 30th.
C. Termination:
1. Termination at Will
This contract may be terminated by either party
upon no less than thirty (30) calendar days notice,
without cause, unless a lesser time is mutually
agreed upon by both parties, in writing. Said
notice shall be delivered by certified mail, return
receipt requested, or in person with proof of
delivery.
2. Termination Because of Lack of Funds
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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 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. F
2. During any suspension of use of funds pursuant to
the above paragraph, 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.
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• 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
Alliance for Aging, Inc.
9500 S. Dadeland Blvd., Suite 400
Miami, Florida 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 Florida 33040
(305) 292 -3515
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
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be adjusted retroactively to reflect price level
increases and changes in the rate of payment when
these have been established through the
appropriations process and subsequently identified
in the Alliance's operating budget.
G. Special Provisions:
1. Match
The total match for this contract period will be at
least $56,690.00. The match will be made in the
form of cash and /or inkind resources. At the end
of the contract period, all Community Care for the
Elderly funds expended must be properly matched.
2. State Laws and Regulations
The provider agrees to comply with applicable parts
of the Florida Statutes, Rule 10A -10, Florida
Administrative Code promulgated for administration
of Chapter 410 - 410.029 Florida Statutes and HRSM
140 -4.
3. 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
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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 upon request by the Alliance.
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 formal contract amendment 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 of
Elder Affairs' 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's
Management System director for the purchase of
any ITR. The provider will not be reimbursed
for any purchases made prior to this written
approval.
4. Reports
The provider agrees to submit an annual report as
described in HRSM 140 -4 by September 1, 1993.
5. Copyright Clause
Where activities supported by this contract produce
original writing, sound recordings, pictorial
reproductions, drawings or other graphic
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• representation and works of any similar nature, the
Alliance has the right to use, duplicate and
disclose such materials in whole or part, in any
manner, for any purpose whatsoever and to have
others acting on behalf of the Alliance do so.
If the materials so developed are subject to
copyright, trademark or patent, then legal title
and every right, interest, claim or demand of any
kind in and to any patent, trademark, copyright, or
application for the same, will vest in the State of
Florida, Department of State, for the exclusive use
and benefit of the state. Pursuant to Section
286.021, Florida Statutes (1987), no person, firm
or corporation, including parties to this contract,
shall be entitled to use the copyright, patent or
trademark without the prior written consent of the
Department of State.
6. Grievance and Fair Hearing Procedures
The provider will utilize the appeal procedures as
outlined in HRSM 140 -4 through which clients may
request a fair hearing.
7. 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.
8. 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. In the instances where the
provider is a public entity, the contract must be
signed by the appropriate public official.
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
17
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.
10. Information and Referral
The provider will insure collection and maintenance
of a data base on information and referral services
for their planning and service area. The provider
will be responsible for coordinating all
information and referral sites in their planning
and service area and will insure the ongoing
quality of services provided.
11. Volunteers
The provider will promote the use of volunteers as
prescribed in Section 430.07, Florida Statutes. In
addition, they will increase the use of volunteers
in their service area by providing training,
technical assistance and funding, where possible.
G. Name, Mailing and Street Address of Payee:
1. The name (provider name as shown on page 1 of this
contract) and mailing address of the official payee
to whom the payment shall be made:
Monroe County Board of Commissioners
1315 Whitehead Street
Key West, FL 33040
2. The name of the contact person, street address and
telephone number where financial and administrative
records are maintained:
Louis LaTorre
Monroe County Social Services
1315 Whitehead Street
Key West Florida 33040
18
IN WITNESS THEREOF, the parties hereto have caused this 23 page
contract to be executed by their undersigned officials as duly
authorized.
PROVIDER: ALLIANCE FOR AGING FOR DADE
MONROE CO 1 TY AND MONROE COUNTIES
BOARD ► C4MMISSIONERS
SIG D
«,/
BY: 2 . aic ._ & k...........,
• E : V IIC,k 1...0 4.1%) 0 d NAME : / S L✓Jv7, / / S?—
( J /j/!/__
TITLE TITLE: Pficfc/.0 CI- 1
DATE : L./ 7/9 3 DATE : G 3 0 ---c
FEDERAL ID NUMBER: SS Got& 7Y1'
PROVIDER FISCAL YEAR ENDING DATE: /a/3/
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By£�
eput Cle
APPROVED AS TO FORM
G.41 SUFFICIE
B � ttomeys • p3
19
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,
20
• : shall be submitted within 180 days after the end of the provider's
fiscal year, unless otherwise required by Florida Statutes, to the
following:
A. Contract Manager for the Alliance
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
21
• ; PART I1 : GRANTS AND AIDS AUDIT /ATTESTATION
• ' This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1)
a local government entity or nonprofit organization receiving a total of less than $25,000 from the Alliance
during its fiscal year or (2) a for - profit organization receiving any amount from the Alliance. The provider
has "received" funds when it has obtained cash from the Alliance or when it has incurred expenses which
will be reimbursed by the Alliance.
If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees
to have an audit performed by an independent certified public accountant and submit a compliance report(s)
in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a
schedule of financial assistance that discloses each state contract by number and indicates which contracts
are funded from state grants and aids appropriations.
Compliance findings related to contracts with the Alliance shall be based on the contract requirements,
including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report
shall include a computation showing whether or not matching requirements were met. All questioned costs
and liabilities due to the Alliance shall be calculated and fully disclosed in the audit report with reference to
the Alliance contract involved.
If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed
$100,000, the provider may have an audit as described above or have a statement prepared by an
independent certified public accountant which attests that the provider has complied with the provisions of
all contracts funded by a grants and aids appropriation.
If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider
will have the head of the entity or organization attest, under penalties of perjury, that the organization has
complied with the provisions of all contracts funded by a grants and aids appropriation.
Copies of the audit report and all other correspondence, if any, related to audits performed by the
independent auditor, or the attestation statement, shall be submitted within 180 days after the provider's
fiscal year end to the following:
A. Contract Manager for the Alliance
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
22
1 '
4 .
t
• ATTACHMENT II
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
COMMUNITY CARE FOR THE ELDERLY
Submit to
State on
Report or Before
Number Month Based On Date
1 July Advance* July 1
2 August Advance* July 1
3 September July Expenditure Report August 5
4 October August Expenditure Report September 5
5 November September Expenditure Report October 5
6 December October Expenditure Report November 5
7 January November Expenditure Report December 5
8 February December Expenditure Report January 5
9 March January Expenditure Report February 5
10 April February Expenditure Report March 5
11 May March Expenditure Report April 5
12 June April Expenditure Report May 5
13 July Adv. Recon. ** May Expenditure Report June 5
14 Aug. Adv. Recon. ** June Expenditure Report July 5
15 ** Final Expenditure Report August 14
16 ** Closeout Report August 29
Legend: * Advance based on projected cash need.
** Submission of expenditure reports may or may not generate a
payment request. If final expenditure 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
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 two months of the provider's fiscal reports covering
actual expenditures should reflect an adjustment repaying
advances for the first two months of the contract.
23