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11/23/1994 SS 1 , - 01/01/95 ' Contract No. KG -551 1995 OLDER AMERICANS ACT /COST REIMBURSEMENT 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 Service Provider Grant Application of the Monroe County Board of Commissioners for 1995, 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 1995 Service Provider Grant Application of the Monroe County Board of Commissioners and the Department of Elder Affairs Programs and Services Manual 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 form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager. 5. The provider must, prior to contract execution, complete the CertificationRegarding Debarment, Suspension, Ineligibility and Voluntary Exclie ion Contracts /Subcontracts, ATTACHMENT II. D. Audits and Records: The Provider Agrees: 1 01/01/95 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. 4. To submit management, program, and client identifiable data, as specified by the Department of Elder Affairs Programs and Services Manual. 5. To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT III and to ensure that all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 7. This contract contains federal funds. The Catalog of Federal Domestic Assistance (CFDA) numbers are as follows: CFDA # Title 93.041 Title VII Elder Abuse Prevention 93.043 Title IIIF Preventive Health 93.044 Title IIIB Support Services 93.045 Title IIIC1 Congregate Meals 93.045 Title IIIC2 Home Delivered Meals 93.046 Title IIID In -Home Services 8. This contract is funded from a grants and aids appropriation. 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 74.53(e) and 92.42(e) (1) and (2) shall have full access to and the right to examine or duplicate any of said records and documents during said retention period. 2 01/01/95 • 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 Service Provider Grant 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. O. Indemnification: If the provider is a state agency or subdivision as defined in section 768.28, Florida Statutes, only Number 5 below is applicable. Other than state agencies or subdivisions refer only to Numbers 1 through 4. The Provider Agrees: 1. To be liable for and indemnify the Alliance against all claims, suits, judgments, 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, judgments, 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. 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, judgments, or damages, including costs and attorney's fees, arising out of the sole negligent acts of the Alliance. 5. Any provider who is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for 3 01/01/95 its negligent acts or omissions or tortious acts which result in claims or suits against the Alliance, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor and not an agent or employee 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 established and operating under the laws of the State of Florida. The Alliance reserves the right to require additional insurance where appropriate. 2. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this contract in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practice. 3. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the Alliance, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. I. 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. Approval of the 1995 Service Provider Grant Application shall constitute Alliance approval of the provider subcontracts if the subcontracts follow the service and funding information identified 4 • 01/01/95 in the grant application. The provider must submit all contracts for services under the 1995 Grant 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 (except Section I, Paragraph N.1) and to any conditions of approval that the Alliance shall deem necessary. 2. Unless otherwise stated in the contract between the provider and the Alliance, payments made by the Alliance to the provider must be within seven (7) working days after receipt by the Alliance of full or partial payments from the Department of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the Alliance and paid to the provider in the amount of one half of one 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 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 5 01/01/95 telephone number (1- 800- 96ABUSE). 2. To give TOP PRIORITY status to those clients determined to be victims of abuse, neglect or exploitation by the Department of Health and Rehabilitative Services. N. 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: 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 Sections 403.7065 and 287.045, Florida Statutes. 0. Civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider Assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance. 6 01/01/95 6. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. 7. All regulations, guidelines, and standards as are now or may be lawfully adopted under the above statutes. 8. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The provider shall advise clients, employees, and participants of the right to file a complaint, the right to appeal a denial or exclusion from the services or benefits from this contract, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the Secretary of the department or the appropriate federal or state agency. 9. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services will comply with the above laws and regulations. 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 area plan, 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 by Section 286.25, Florida Statutes, when sponsoring a program financed wholly or in part by department 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: "Sponsored by the Monroe County Board of Commissioners, the State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc." If the sponsorship reference is in written material the words "State of 7 • 01/01/95 Florida, Department of Elder Affairs and the Alliance for Aging, Inc." shall appear in the same size letters and type as the name of the organization. 2. The contract manager's written approval is required prior to the provider's use of the name of the Department of Elder Affairs and /or the Alliance for Aging for solicitation of funds. S. Final Request for Payment: The Provider Agrees: 1. To submit the final request for payment to the Alliance no more than 45 days after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the Alliance. 2. A final receipt and expenditure report as a closeout report will be forwarded to the Alliance within sixty (60) days after the contract ends or is terminated. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the contract being closed out must be refunded to the Alliance along with the final receipt and expenditure report. T. Use of Funds For Lobbying Prohibited: The Provider Agrees: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. II. Alliance Responsibilities • A. Contract Amount: To pay for contracted services according to the conditions of this contract in an amount not to exceed $477,976.00 subject to the availability of 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 8 01/01/95 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 (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 January 1, 1995 or on the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on December 31, 1995. B. Method of Payment: 1. Payment may be on an advance and reimbursement basis in accordance with HRSM 55 -1 and ATTACHMENT IV. All request for payment and expenditure reports that will be submitted to support requests for payment shall be on DOEA Forms 105A and 106A. Duplication or replication of both forms via data processing equipment is permissible but replications must include all data elements in the same format as included on department forms. 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 9 01/01/95 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 keginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT IV 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 DOEA Administrative Policy Memorandum Number A0012. 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. The provider agrees to implement the distribution of funds as detailed in the 1995 Service Provider Grant Application and the Budget Summary, ATTACHMENT V to this contract. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 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 IV and HRSM 55 -1. b. 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 December 31st. c. The completed manual units of service portions of the Older Americans Act Annual Report if applicable, is due to the contract manager on or by October 1, 1995. The Alliance will pull the remaining report sections off the Client Information, Registration and Tracking System. 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. 10 • 01/01/95 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 60A- 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 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 9500 South Dadeland Boulevard Suite 400 Miami, Florida 33156 (305) 670 -6502 SC 455 -6502 2. The name, address and telephone number of the representative of the provider responsible for administration of the program under this contract is: 11 • 01/01/95 Louie LaTorre 5100 College Road, Wing III Public Service Building Key West, FL 33040 (305) 292 -4589 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. d. 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. An inventory report will be submitted to the Alliance upon request by the Alliance. d. Title (ownership) to all nonexpendable property acquired with funds from this contract 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 12 01/01/95 permission of, and in accordance with instructions from the Alliance. f. A revision to the Service Provider Grant Application budget 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. An ITR worksheet is required for any computer related item costing $500.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the contract manager from the department's Management Systems director for the purchase of any ITR. The provider will not be reimbursed for any purchases made prior to this written approval on the ITR worksheet. 2. Match There will be a match requirement of at least 10 percent of the cost for all services. Total provider match for this contract period will be at least $53,108.00. The provider's contribution will be made in the form of cash and /or inkind resources. At the end of the contract period, all Older American Act funds must be properly matched. 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 Americans' 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. Providers 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 13 01/01/95 writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Alliance has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Alliance do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes (1987), no person, firm or corporation, including parties to this 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, if applicable, utilize the fair hearing system outlined 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. 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. 10. 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 or his or her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the Department under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the disaster area. 11. Computer System Backup and Recovery As defined in Chapter 44- 4.070, Florida Administrative Code, each service provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of agency functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. 14 01/01/95 12. Information and Referral The Alliance will insure collection and maintenance of a data base on information and referral services for each county in its planning and service area. Area agencies who provide information and referral services directly will insure the collection and maintenance of this data base for the entire planning and service area. The Alliance 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. 13. Volunteers The Alliance will promote the use of volunteers as prescribed in Section 306(a)(12), Older Americans Act and Section 430.07, Florida Statutes. In addition, the Alliance will increase the use of volunteers in the planning and service area by providing training, technical assistance and funding, where possible, to its contract agencies. H. Name, Mailing and Street Address of Payee: 1. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Monroe County Board of Commissioners 5100 College Road, Wing III Public Service Building Key West, FL 33040 2. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Louis LaTorre 5100 College Road, Wing III Key West, FL 33040 (305) 292 -4589 15 01/01/95 I. All Terms and Conditions Included: This contract and its attachments as referenced: Attachment I: Certification Regarding Lobbying Attachment II: Certification Regarding Debarment Attachment III: Financial and Compliance Audits Attachment IV: Contract Report Calendar Attachment V: Summary Budget Attachment VI: Special Contract Provisions Attachment VII: Service Provider Grant Application . contain all the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this 24 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: MONROE COUNTY BOARD ALLIANCE FOR AGING, INC. OF COMMISSIONERS FOR DADE AND MONROE COUNTIES gikaLi BY: NAME: Shirley Freeman NAME: ROSEBUD L. FOSTER, ED.D. TITLE: Mayor /Chairman TITLE: PRESIDENT DATE: December 14, 1994 DATE: FEDERAL ID NUMBER: 59- 6000749 PROVIDER FISCAL YEAR ENDING DATE: ATTEST: DANNY L. KOIBAGE , CLK By « ,ea 16 { b • ' 01/01/95 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 more than $100,000 for each such failure. December 14, 1994 Signature Date Shirley Freeman - Mayor /Chaiman KG - 551 Name of Authorized Individual Application or Contract Number Monroe County Board of Commissioners 5100 College Road, Wing III Public Service Building Key West, FL 33040 Name and Address of Organization ATTEST: DANNY L. KOLHAGE, cum: DOEA Form 103 , PP as By 17 -J fltirY , 01/01/95 ATTACHMENT II CERTIFICATION REGARDING DEBARMENT, SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS /SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360- 20369). (1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. dLii December 14, 1994 Signature Date ATTEST : DANNY L . KOIIIACE , CLERK sy .eZ4TtJ Shirley Freeman - Mayor /Chairman e Name and Title of Authorized Individual 1 Monroe County Board of Commissioners Name of Organization is DOEA cfCCI 42 / -- _ OER Form 112A October 1993 f 18 i 01/01/95 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS /SUBCONTRACTS 1. Each provider whose contract equals or exceeds $25,000 in federal monies must sign this debarment certification prior to contract execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Department of Elder Affairs nor its contract providers can contract with providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and /or debarment. 3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the contract manager for assistance in obtaining a copy of those regulations. 5. The provider further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification with each contract. 7. The Department of Elder Affairs and its contract providers may rely upon a certification of a provider that is not debarred, suspended, ineligible, or voluntarily exclude from contracting /subcontracting unless it knows that the certification is erroneous. DOEA Form 112B October 1993 19 U.1/ U1/ 95 ATTACHMENT III FINANCIAL AND COMPLIANCE AUDITS This attachment is applicable, if the provider or grantee hereinafter referred to as provider, is any local government entity, nonprofit organization, or for - profit organization. PART I: SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from the Alliance during its fiscal year. The provider has "received" funds when it has obtained cash from the Alliance or when it has incurred expenses which will be reimbursed by the Alliance. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Government Auditing Standards ( "Yellow Book ") issued by the Comptroller General of the United States. Local governments shall comply with Office of Management and Budget (OMB) Circular A -128, Audits of State and Local Governments. Nonprofit providers receiving federal funds passed through the Alliance shall comply with the audit requirements contained in OMB Circular A -133 , Audits of Institutions of Higher Learnina and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the "Yellow Book ", and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated and fully disclosed in the audit report with reference to the Alliance contract involved. These requirements do not expand the scope of the audit as prescribed by the "Yellow Book ". If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance reports(s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, shall be submitted within 180 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: A. John L. Stokesberry, contract manager for the Alliance (Please submit two (2) copies). 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 form 104A 9/30/92 20 %/l/ Vl/ • PART II : GRANTS AND AIDS AUDIT /ATTESTATION This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than *25,000 from the Alliance during its fiscal year or (2) a for - profit organization receiving any amount from the Alliance. The provider has "received" funds when it has obtained cash from the Alliance or when it has incurred expenses which will be reimbursed by the Alliance. If the amount received from grants and aids appropriation awards exceeds *100,000, the provider agrees to have an audit performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings related to contracts with the Alliance shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the Alliance shall be calculated and fully disclosed in the audit report with reference to the Alliance contract involved. If the amount received from grants and aids appropriation awards exceeds *25,000, but does not exceed *100,000, the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be submitted within 180 days after the provider's fiscal year end to the following: A. John L. Stokesberry, contract manager for the Alliance (Please submit two (2) copies). 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 Form 104E 9/30/92 21 ul /ul /y5 ATTACHMENT IV CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT TITLE III Submit to the Alliance on or Report Before Number Month Based On Date 1 January Advance* January 1 2 February Advance* January 1 3 March January Expenditure Report February 5 4 April February Expenditure Report March 5 5 May March Expenditure Report April 5 6 June April Expenditure Report May 5 7 July May Expenditure Report June 5 8 August June Expenditure Report July 5 9 September July Expenditure Report August 5 10 October August Expenditure Report September 5 11 November September Expenditure Report October 5 12 December October Expenditure Report November 5 13 November Expenditure Report December 5 14 December Expenditure Report January 5, 1996 15 Final Payment Request February 14 16 Final Closeout Package February 29 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: Reports #1 and #2 for Advance Basis Contracts cannot be submitted to the Alliance prior to January 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. Note # 2: A final payment request may be submitted to the Alliance by the provider up to 45 days after the contract has ended. 22 Ul /U1 /9b ATTACHMENT V 1995 OAA BUDGET SUMMARY • Name of Agency: Monroe County Board of Commissioners Contract No.KG -551 Distribution of Award by Title Federal Share Title III -B $ 191,394.00 Title III C -1 $ 129,336.00 Title III C -2 $ 126,072.00. Title III -D $ 21,559.00 Title III -F $ 9,615.00 TOTAL FEDERAL AMOUNT $ 4.77,976.00 23 01/01/95 ATTACHMENT VI SPECIAL CONTRACT PROVISIONS All service providers agree to submit to the Alliance on an annual basis, and no later than March 31st, a disaster preparedness plan which will include as a minimum, the following: 1. Activities undertaken to educate clients and the community regarding disaster preparedness and the needs of the elderly. 2. Activities undertaken to identify the special needs of clients and how these will be m,et in the event of a disaster. 3. Activities undertaken to participate with local, municipal and county agencies to assist in the development of local disaster preparedness plans which include the special needs of the elderly. 4. Specific plans developed for the continuation and /or suspension and resumption of service in the event of a disaster. 24 i. O O O N O O O O g O 2 O rob O 4 �p 4 et — '.0 b 4 O O 0 .- '. 0'. ►� I O v. O O O N ....... .. .. ...... .. N h 0 0 0 O O 0 0 0 . 0 N 0 Tt O vl O� v1 A A A en I ( 'i H N N en en N N h F� wf M ... 0 0 ... N O O ►/1 10 O 'd' O O A O A A N N 10 h M N '. 0 00 V1 M 00 0 , 0o O en N M o0 �D 10 N O 00 O P* O M ~ t-- t--: g .�. N N N H H — <t ; r1 O O 0 O pp'.� 0 O 0 en 0 �t • �t ' O Q '.D h V1 l� O� t� �D N N N M ;evil e N Ow t- p "M.� V1 4° M p.e en ~ h M A A w 00 N M N ! ! H H i 0 O N it O O O O O O O O S � + N M '.0 A A N N N M h M oa ' V! N N N N y A ''—' :::t,i:::::::.,::::: h .p O eel O O O ol0 O o0 V) ev en N N con eOrf O 00 .N.. M M N 10 V1 • H M c Nr g CZ `I ti V v a o- g °C v g v 8 0 al 6 Cp^ ' . a y U u .C! a 4 z .. Cn 0 X a. • ,Q a 0 • C E AS O� U LYr ' a 7 X Q v (� � i� Q9 cu 8 7) a a C o. '?n U Z Z °o ►� 0 a �, l-- co U a t 1 en 6 oo H z S , a •-+ N e+1 ..s: Vi ..0 e: 00 0i O r+ N tri et V i ■�D l� 00 Y t • PSA_ ORIGINAL SUBMISSION [X] REVISION ( 1. PROVIDER INFORMATION: 2. GOVERNING BOARD CHAIR: Executive Director: LOUIS LATORRE (Name /Address /Phone) (Name /Address /Phone) i MONROE COUNTY MAYOR: SHIRLEY FREEMAN GWEN :RODRIGUEZ, PROJECT DIRECTOR 310 FLEMING STREET MONROE COUNTY IN —HOME SERVICES KEY WEST, FLORIDA 33040 RAMONITA GARRIDO, PROGRAM DIRECTOR • MONROE COUNTY - NUTRITION Legal Name of Agency:_ Name of Grantee Agency: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES Mailing Address: PUBLIC SERVICE BUILDING — WING III 3. ADVISORY COUNCIL CHAIR: 1 5100 COLLEGE ROAD (if applicable) KEY WEST, FLORIDA 33040 (N ame /Address /Phone} j i 1 I i f Telephone Number: [305] 292 -4420 - ' - i . I /.TYPE OF AGENCY /ORGANIZATION: 5. PROPOSED FUNDING PERIOD: 1/1/95 - 12/31/95 - NOT FOR PROFIT: PRIVATE XX- PUBLIC A. New Applicant B. Continuation XX PRIVATE FOR PROFIT 1 6* FUNDS REQUESTED . (X] OAA Title IIIB ( ) ADI ( ) JTPA (X] OAA Title IIIC • [ ] CCE [ ] HCBS [X] OAA Title IIZD [ ] CSS [ ] PROJECT CARE (X) OAA Title. IIIF [ ] EHEAEP [ ] SHINE [ ] OAA Title VII [ ] ELDERLY MEALS [ ] OTHER (SPECIFY) ( 3 OAA Training [ ] LSP ( ) CONTRACTED SERVICES ( ] USDA i • 7. SERVICE AREA: [ ] Single County MONROE [ ] Multicounty: List: ATTEST: DANNY L. KOLHACE, CLERK Selected Communities of a.County. Specify: By ty erk 8. ADDRESS FOR PAYMENT OF CHECKS ITEM /: (X] 11 [ ] 02 9. CERTIFICATION BY AUTHORIZED AGENCY OFFICER: I hereby certify that the contents of this document are true, accurate and complete { statements. I acknowledge that intentional misrepresentation or falsification may result in the termination of financial assistance. Naas: SHIRLEY FREEMAN Signature: ✓"� Title: MONROE COUNTY MAYOR - Date: December 14, 1 4 .....11. • ter ` >,. 11-4 ; +.? 17P''' -.� ? `?, ` - `" `r �L'..a.i�'�'bcr::u L:...iY:: .. 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W 2 u . ) Q i• 01 F- 2 a. 2 u. .- O 2 a v r N M et to 0) ti o0 of r r r r r r r r r 0 • . V.B. MATCH COMMITMENT OF CASH DONATION Agency Name: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Donor Identification: Name: SHIRLEY FREEMAN, .:COUNTY MAYOR Street: 5100 COLLEGE ROAD - WING III City: KEY WEST, State: FLO RIDA Zip: 33040 Phone: 305/292 -4420 Authorized Representative: • Total Amount $ 86,062.55 • # Payments Amount /Payment $ • Contribution. Period 1/1/95 - 12/31/95 Special Conditions: ATTEST: DANNY L; K0LHAGE , CLERK APPROVED As TO F.1 ^.N B p , „��i,, , s ; _ C9 -- a • Donor Certification: I hereby certify intent to make the cash donation set forth above for use in the specified program during the program's upcoming funding period. This cash is not included as match for -any other State or Federally assisted program or contract and is not borne by the federal government directly under any federal grant or contract. Date: December 14, 1994 Signature of Don or Representative . Shirley Freeman - Mayor /Chairman ,. • • AVAILABILITY OF DOCUMENTS The undersigned hereby gives full assurance that the following documents are maintained in the • administrative office of the provider agency and will be filed in such a manner as to ensure ready access for inspection by the DOEA, AAA or its designee(s) at any time. The agency will furnish copies of these documents to the AAA Contract Manager upon request for maintenance in the AAA. 1. Current Board Roster 2. Site List (Congregate Meal Providers Only) 3. Articles of Incorporation 4. Corporate By -Laws 5. Advisory Council By -Laws and Membership 6. Corporate Fee Documentation 7. Insurance Coverage Verification 8. Bonding Verification 9. Staffing Plan a. Position Description i b. Pay Plan c. Organizational Chart d. Executive Director Resume 10. Personnel Policies Manual 11, Financial Procedures Manual .,/ 12. Functional Procedures Manual 13. Affirmative Action Plan 14. Interagency Agreements 15. Equipment Inventory 16. Program Income and Contributions System 17. Catering and Other Subcontracts Certified By Authorized Agency Official: I hereby certify that the documents identified above currently exist and are properly maintained in the administration office of this agency. Assurance is given that the Area Agency on Aging or its designee(s) will be given immediately access to these documents, upon request. C■+` Name: SHIRT.F,y _F I�1� Date: Dec . 14, 1994 Title: MAYOR - ATTEST: DANNY L. KOLHAGE, CLERK Ated , t y Cl. ,( Iti, / - �V -- - • • . OLDER AMERICANS ACT GENERAL ASSURANCES 45 C.F.R. 1321 Subpart D - Service Requirements 1321.65 Responsibilities of Service Providers under Area Plans. Service Providers assure that they will: 1321.65 (a) Provide the Area Agency on Aging, in a timely manner, statistical and other information which the Area Agency on Aging requires in order to meet its planning, coordination, evaluation and reporting requirements established by the State under 1321.13. • 1321.65 (b) Specify how the provider intends to satisfy the service needs of low- income minority individuals in the area served in at least the proportion to the number of low- income minority older persons in the population served by the provider. • 1321.65 (c) Provide recipients with an opportunity to contribute to the cost of the service as provided in 1321.67. 1321.65 (d) With the consent of the older person, or his or her representative, bring to the attention of appropriate officials for follow -up, conditions or circumstances which place the older person, or the household of the older person, in imminent danger. 1321.65 (e) Where feasible and appropriate, make arrangements for the availability of services to older persons in weather related emergencies. 1321.65 (f) Assist participants in taking advantage of benefits under other programs. 1321 (g) Assure that all services funded under this part, (of 45 C.F.R. 1321), are coordinated with other appropriate services in the community, and that these services do not constitute an unnecessary duplication of services provided by other sources. Provider Name: MONROE COUNTY BOARn OF (OTINTy COMMISSIONERS Address: 5100 COLLEGE ROAD KEY WEST. FL. 33040 I.D. Number: 03- 00021 -0354 Signature o Authorized Officia • • X Date: December 14, 1994 Title: YOR ATTEST: DANNY L. KOLHAGE, - CLERK By C er A ^PRC AS 7! ` f /2../Y4_ - SECTION 504 ASSURANCE (HANDICAPPED) DEPARTMENT OF HEALTH AND HUMAN SERVICES ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED The undersigned (hereinafter called the "recipient" HEREBY AGREES THAT it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), all requirements imposed by the applicable HHS regulation (45 C.F.R. Part 84), and all guidelines and interpretations issued pursuant thereto. Pursuant to 84.5 (a) of the regulation [45 C.F.R. 84 (a)), the recipient gives this Assurance in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, (except procurement contracts and contracts of insurance or guaranty), property, discounts, or other federal financial assistance extended by the Department of Health and Human Services after the date of the Assurance, including payments or other assistance made after such date on applications for federal financial assistance that were approved before such date. The recipient recognizes and agree that such federal financial assistance will be extended in reliance on the representations and agreements • made in his Assurance and that the United States will have the right to enforce this Assurance through lawful means. This Assurance is binding on the recipient, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the recipient. This Assurance obligates the recipient for the period during which federal financial assistance is extended to it by the Department of Health and Human Services or provided for in 84.5(b) of the regulation [45 C.F.R. 84.5(b)1. The recipient: a. () employs fewer than fifteen persons; b. ($ employs fifteen or more persons and pursuant to 84.7(a) of the regulation [45 C.F.R. 84.7(a)), has designated the following person(s) to coordinate its efforts to comply with the HHS regulation. Name of Designees) MONROE COUNTY BOARD OF COUNTY COMMTSSTONFR4` • Recipient Street Address: 5100 COLLEGE ROAD City: KEY WEST State: FT.ORTDA Zip: 1,304 • IRS Employer I.D. Number: 0 3- 00021 -0354 Signature and tit► f Authorized Of t: - X Date: Dec. 14, 1994 Title: MAYOR certify that the above information is complete and correct to the best of my knowledge. ATTEST: 11ANNY L. KOLHAGE, CLERK By a' = tGVEu AS T^ Cl • • • • i Z�p9� .�. ma "+ ' •._ , _ ,_ 1. .y • ��_ "L '�'- �'s1 -]�i�► ^ _, a Yr r_1. ww�: ?. • CIVIL RIGHTS ASSURANCE I i _ ASSURANCE OF COMPLIANCE WITH • THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 MONROE COUNTY BOARD OF COMMISSIONERS , (Hereinafter ( "Applicant ") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80) issued pursuant to the title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from • participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar service or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of the applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, it's successors, transferees, and assignees, and the erson or persons whose signatures appear p 9 ppear below are authorized to this a surancrn behalf of the Applicant. X Date: Dec. 14, 1994 Title: MAYOR Signature and Title of Authorized Official ATTEST: DANNY L. KOLHAGE, CLERK BY Dep C er APPROVE° AS ro cnr., c vgL JU /2/lAy • 7/— �Orl1M+i►: • uJu _••�r�:. :.�ri�L.. ---' - - -- f.. .., ..,.:�:M..rY�ur6ciw+ `i' = -'• ' - ...:�— �•.. i Y FMK