11/23/1994 SS
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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:
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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:
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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
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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
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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
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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.
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•
.
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
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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.
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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
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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
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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^
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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
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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.,
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