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Item C16 rf*~ Louis LaTorre, Senior Director Social Services/tabt Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 7/26-27/00 DIVISION: COMMUNITY SERVICES BULK ITEM: YES X NO DEPARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: APPROVAL OF MASTER AGREEMENT NO. P A129 FOR FISCAL YEAR 7/1/00 -6/30/01 BETWEEN THE ALLIANCE FOR AGING, INC., THE AREA AGENCY FOR PLANNING AND SERVICES AREA 11 AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS/ MONROE COUNTY SOCIAL SERVICES (MONROE COUNTY IN HOME SERVICE PROGRAM, THE CASE MANAGEMENT AGENCY). ITEM BACKGROUND: The purpose of this of this master agreement is assure that services are being provided in accordance to the conditions specified in any contract(s) with the Alliance during the period this agreement is in effect. PREVIOUS RELEVANT BOCC ACTION: None STAFF RECOMMENDATION: Approval TOTAL COST: -0- BUDGETED: YES NO NA COST TO COUNTY: -0- REVENUE PRODUCING: YES NO X AMT.PER MONTH YEAR - - Jjj APPROVED BY: COUNTY ATTY....x.. OMB/Purchasing...x.. RISK M NAGEMENT ~ Q'~' DIVISION DIRECTOR APPROVAL: NOT REQUIrEDCl AGENDA ITEM#: - ~ DOCUMENTATION: INCLUDED-A T DISPOSITION: AGENDA.DOC TABT MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #PA129 Contract with:Alliance For Aging Inc. Effective Date:July 1. 2000 Expiration Date:June 30. 2001 Contract Purpose/Description:Approval of Master Agreement between the Alliance for Aging. Inc. and the Momoe County Board of County Commissioners. Contract Manager:Louis La Torre/tabt () %~ (N ame ) (rr (Ext.) Social Services (Department) for BOCC meeting on 7/26-27/00 Agenda Deadline: 7/12/00 NA-___ NA- ---- NA- ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Total Dollar Value of Contract: $ Budgeted? Yes[gJ No D Account Codes: Grant: $ County Match: $-0- CONTRACT COSTS Current Year Portion: $ CONTRACT REVIEW Changes Date Out Date In Needed~---~eVi~fI), Il I Division Director ./ /rvJUT} YesD No~ f~oe.v. ., I' 2.p_~d ~anagement '11/3100 YesDNo0 (\. ~ rc~clv'- ..,\\,,\. O.M.B.lPurchasing1{r.;/uv YeSDN~ a ~ '7-;3-a! County Attomey ?/I'I/fHj YeSDNO~ ?--/~ Comments: OMB Form Revised 9/1 ]/95 MCP #2 7/00 Agreement No. PA129 ALLIANCE FOR AGING, INC. AREA AGENCY ON AGING FOR MIAMI-DADE AND MONROE COUNTIES MASTER AGREEMENT THIS MASTER AGREEMENT 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". . All contracts executed between the provider and the Alliance shall be subject to the conditions set forth in this agreement for the duration of the contract period(s). Any and all contracts executed between the provider and the Alliance during the effective period of this agreement will incorporate this agreement by reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement. The parties agree: I. Provider Agrees: A. To provide services according to the conditions specified in any contract(s) with the Alliance during the period this agreement is in effect. This agreement covers all services provided by the Monroe County Board of Commissioners, which includes, but is not limited to, the following programs: . Older Americans Act (OAA) . Community Care for the Elderly (CeE) . United States Department of Agriculture Meals (USDA) . Home Care for the Elderly (HCE) . Alzheimer's Disease Initiative (ADI) . Medicaid Waiver Program(MW) B. Federal Laws and Regulations: 1. The provider shall comply with the provisions of 45 CFR, Part 74, andlor 45 CFR, Part 92, and other applicable regulations. 2. 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. 3. The provider must, prior to execution of this agreement, 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 Alliance's contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Alliance's contract manager. 1 7/00 Agreement No. PA129 4. The provider must, prior to execution of this agreement, complete the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts, ATTACHMENT II. 5. 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. C. 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 benefitting 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. For providers employing less than 15 persons, the Alliance requests completion of the Civil Rights Compliance Questionnaire, in accordance with the Governor's One Florida Initiative, Executive Order 99-281. The Provider assures 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 benefitting 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 benefitting 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 benefitting 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 benefitting 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 benefitting from federal financial assistance. 6. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. 2 7/00 Agreement No. PA 129 7. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. 8. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The provider shall advise clients, employees, and participants of the right to file a complaint, the right to appeal a denial or exclusion from the services or benefits 'from this contract, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the Secretary of the Department of Elder Affairs or the appropriate federal or state agency. 9. The provider further assures all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services, will comply with the above laws and regulations. D. Requirements of Section 287.058, Florida Statutes: For all contracts covered by this agreement, 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. 2. To submit bills for any travel expenses, in accordance with section 112.061, Florida Statutes. 3. To provide units of deliverables, including reports, findings, and drafts as specified in the contracts, the contract attachments, and the service provider application, to be received and accepted by the contract manager prior to payment. 4. To allow public access to all documents, papers, letters, or other materials subject to the provisions of chapter 119, Florida Statutes, and made or received by the provider in conjunction with any and all contracts referencing this agreement. E. Withholdings and Other Benefits: The Provider is responsible for Social Security and Income Tax with holdings. F. Indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. 1. Provider agrees it will indemnify, defend, and hold harmless the Alliance and all of the Alliance's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the provider, its agents, employees, or subcontractors 3 7/00 Agreement No. PA129 during the performance of all contracts incorporating this agreement by reference, whether direct or indirect, and whether to any person or property to which the Alliance or said parties may be subject, except neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Alliance or any of its officers, agents, or employees. 2. Provider's obligation to indemnify, defend, and pay for the defense or, at the Alliance's option, to participate and associate with the Alliance in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Alliance's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify the Alliance, upon notice by the Alliance. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Alliance solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the Alliance. Alliance's failure to notify provider of a claim shall not release provider of the above duty to defend. 3. It is the intent and understanding of the parties that the provider nor any of its subcontractors are employees of the Alliance and shall not hold themselves out as employees or agents of the Alliance without specific authorization from the Alliance. It is the further intent and understanding of the parties that the Alliance does not control the employment practices of the provider and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the provider. G. Insurance and Bonding: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all contracts incorporating this agreement by reference. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under contracts incorporating this agreement by reference. Upon execution of each contract covered under this agreement, 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 all contracts incorporating this agreement by reference in an amount commensurate with the funds handled, the degree of risk as determined by the 4 7/00 Agreement No. PA 129 insurance company and consistent with good business practices. 3. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the Alliance, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clause.) H. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). I. Transportation Disadvantaged: If clients are to be transported under any contracts incorporating this agreement, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. J. Purchasing: 1. Procurement of Products or Materials with Recycled Content Any products or materials which are the subject of, or are required to carry out any contracts under this agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. 2. Equity in Contracting Pursuant to Section 287.09451, F. S., the Alliance is committed to embracing diversity in the provision of services to Florida's elders and in providing fair and equal opportunities for all qualified minority businesses in Florida. The provider shall report information to the Alliance on utilization of certified minority, and non-certified minority providers and vendors for all subcontractors and vendors receiving funds pursuant to all contracts covered by this agreement This report shall be submitted quarterly to the Alliance. 3. Front Porch Community Initiative The provider is encouraged to identify in the service provider application any geographic location(s) that has been designated as a Front Porch Community by the Governor and to direct services to that Front Porch Community as appropriate. 5 7/00 Agreement No. PA129 K. Sponsorship: 1. As required by Section 286.25, Florida Statutes, if the provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through contracts executed in accordance with this agreement, it shall in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by the Monroe County Board of Commissioners, the State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc.". If the sponsorship reference is in written material the words "State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc." shall appear in the same size letters and type as the name of the organization. This shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. If the provider is a governmental entity or political subdivision of the state, the Alliance requests compliance with the conditions specified above. 3. The provider shall not use the words liThe State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc." to indicate sponsorship of a program otherwise financed unless specific authorization has been obtained by the Alliance prior to use. L. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. M. Employment If the provider is a non-governmental organization, it is expressly understood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act (INA), 8 U.S.C. s.1324 a (e)("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of any and all contracts incorporating this agreement by reference. O. Audits and Records: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Alliance under all contracts under this agreement. 2. To assure 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 6 7/00 Agreement No. PA129 authorized by the Department of Elder Affairs, as well as by federal personnel, if applicable. 3. To maintain and file with the Alliance such progress, fiscal and inventory and other reports as the Alliance may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the contracts incorporating this agreement by reference. 4. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs Client Services Manual. To record and submit program specific data in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT III and to ensure 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. The provider agrees to provide client information and statistical data for research and evaluative purposes when requested by the Alliance. P. Retention of Records: 1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each contract covered under this agreement for a period of five (5) years after termination of the contract(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. 2. Persons duly authorized by the Alliance and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retainedl whichever is later. Q. Monitoring and Incident Reporting: 1. The provider will provide progress reports, including data reporting requirements as specified by the Alliance to be used for monitoring progress or performance of the contractual services as specified in the service application. The Alliance will establish performance standards for providers with weights assigned to each standard. Standards will be tracked monthly by Alliance staff through desk reviews of available fiscal, CIRTS, and research production reports and any other system or process designated by the Alliance. This information will allow staff to determine if on-site monitoring of the provider 7 7/00 Agreement No. PA 129 is necessary. Examples of review criteria are surplus/deficit, independent audits, internal controls, reimbursement requests, service provider monitoring, targeting, program eligibility, outcome measures, service provision to Adult Protective Services high risk clients, data integrity, co-payments, client satisfaction, correspondence, and client file reviews. 2. The Alliance will perform the 'required administrative monitoring of the provider in accordance with the Department of Elder Affairs' unit rate contract monitoring checklist. 3. To permit persons duly authorized by the Alliance to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to contracts incorporating this agreement by reference, or to the mission and statutory authority of the Alliance, and to interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of the contract(s). Following such inspection the Alliance will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the Alliance within the time set forth by the Alliance, or provide the Alliance with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The Alliance shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or justify deficiencies within a reasonable time as specified by the Alliance may result in the Alliance taking any of the actions identified in the Enforcement section, or the Alliance deeming the provider's failure to be a breach of contract. 4. The provider will notify the Alliance within 24 hours of conditions related to performance that could impair continued service delivery. Reportable conditions may include: · proposed client terminations · provider financial concerns/difficulties · service documentation problems · contract non-compliance · service quality and consumer complaint trends. Provider will provide the Alliance with a brief summary of the problem(s) and proposed corrective action plans and time frames for implementation. R. Safeguarding Information: Except as provided for Alliance auditing and monitoring purposes, not to use or disclose any information concerning a recipient of services under contracts incorporating this agreement by reference or subsequent contracts for any purpose not in conformity with state and federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the recipient's authorized representative. 8 7/00 Agreement No. PA129 S. Assignments and Subcontracts: Alliance approval of the service provider application shall constitute Alliance approval of the provider subcontracts if the subcontracts follow the service and funding information identified in the service application. The provider must submit all contracts for services under the service 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 contracts covered by this agreement. All assignments or subcontracts shall be subject to the conditions of this agreement and the contracts incorporating it by reference (except Section I, Paragraph J.1., Paragraph J.2. Paragraph J.3, and Section II. Paragraph A.) and to any conditions of approval the Alliance shall deem necessary. Section I, Paragraph M. is only applicable to state agencies or political subdivisions of the state. T. Return of Funds: 1. To return to the Alliance any overpayments due to unearned funds or funds disallowed pursuant to the terms of all contracts for which funds 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 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 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 forty (40) calendar days after the date of notification or discovery. U. Year 2000 (Y2K) Compliance: Pursuant to the accounting and reporting requirements for federal grants management in OMS Circulars A-102 and A-110, and the Department of Management Services (DMS) Memorandum No.6 (98-99) which requires certification of Year 2000 Compliance for any procurement document, the provider must, prior to execution of this agreement, complete the Certification Regarding Year 2000 Compliance form, ATTACHMENT V. 9 7/00 Agreement No. PA129 In the event a Y2K Compliance issue results in a delay of service, the provider agrees to execute their agency disaster plan to ensure the delivery of service(s) continues. V. Conflict of Interest: The provider hereby agrees to develop and implement a policy to ensure that its employees, board members, management and subcontractors, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this agreement or when contracting with another entity which will be paid by the funds described in this agreement. The provider's board members and management must disclose to the Alliance any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this agreement. The provider's employees and service sub- contractors must make the same disclosures described above to the provider's board of directors. . II. The Alliance Agrees: A. Contract Payment: Unless otherwise stated in the contract(s) covered by this agreement between the Alliance and provider, payments made by the Alliance to the provider must be within seven (7) working days after receipt by the Alliance of full or partial payments from the Department of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the Alliance and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. B. 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 (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. III. Provider and Alliance Mutually Agree: A. Effective Date 1. This agreement shall begin on January 1, 2000 or on the date on which the agreement has been signed by both parties, whichever is later, and shall end on December 31,2000. 10 7/00 Agreement No. PA129 2. All contracts executed between the Alliance and the provider during the effective period of this agreement shall reference this agreement by number, incorporating it therein, and shall be governed by the conditions of this agreement for the duration of the contract period(s). B. Termination: 1. Termination at Will Any contract(s) covered by this agreement and incorporating it by reference may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the provider terminates a contract at will, the provider agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services to clients will not be interrupted or suspended by the termination. In the event that an agreement between the provider and a subcontractor is terminated, the provider shall require the subcontractor to submit to the provider and the Alliance, a similar plan ensuring services to clients will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Funds In the event funds to finance any contract(s) under this agreement become unavailable, the Alliance may terminate the affected contract or contracts upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Alliance shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the provider's breach is waived by the Alliance in writing, or the provider fails to cure the breach within the time specified by the Alliance, the Alliance may, by written notice to the provider, terminate the contract(s) incorporating this agreement by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the Alliance may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of anyone contract covered by this agreement 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 other contracts covered under this agreement. The provisions herein do not limit the Alliance's right to remedies at law or to damages of a legal or equitable nature. C. Enforcement: 11 7/00 Agreement No. PA129 1. The Alliance may, in accordance with section 430.04, Florida Statutes, take intermediate measures against the provider, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more programs, placement of the provider on probationary status, imposing a moratorium on provider action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120 Florida Statutes, if the Alliance finds that: · an intentional or negligent act of the provider has materially affected the health, welfare, or safety of clients, or substantially and negatively affected the operation of an aging services program. · the provider lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. · the provider has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the Alliance, or the provider has committed or repeated violations of Alliance standards. · the provider has failed to continue the provision or expansion of services after the declaration of a state of emergency. · the provider has failed to adhere to the terms of this agreement or the terms of any contract(s) covered by this agreement and incorporating it by reference. 2. In making any determination under this provision the Alliance may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for breach of contract is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Leon County. Before the Alliance formally rescinds the designation of the provider or initiates any intermediate measure, or either party commences equitable or legal action of any sort, both parties agree to engage in informal mediation through a meeting of each party's representative at a place and location designated by the Alliance. D. Notice and Contact: 1. The name, address and telephone number of the Alliance for this agreement is: John L. Stokes berry Alliance for Aging, Inc. 9500 South Dadeland Boulevard, Suite 400 Miami, Florida 33156 (305) 670-6500 SC 455-6500 12 7/00 Agreement No. PA129 2. The name, address and telephone number of the provider of the program under this agreement is: Monroe County Board of Commissioners 5100 College Road - Wing III Key West, Florida 33040 (305) 292-4573 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Louis LaTorre, Executive Director 5100 College Road - Wing III Key West, Florida 33040 (305) 292-4573 E. Renegotiation or Modification: 1. Modifications of provisions of this agreement and of any and all contract(s) incorporating this agreement by reference shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this agreement and any affected contracts if revisions of any applicable laws or regulations make changes in this agreement necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively for any contract(s) incorporating this Master Agreement by reference to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Alliance's operating budget. F. Special Provisions: 1. Property a. Non-expendable property is defined as tangible property of a non-consumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 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 the general public. b. All property, purchased under contracts covered by this agreement or purchased by the Alliance and received by the provider shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the 13 7/00 Agreement No. PA129 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 purchased property shall be inventoried annually. An inventory report will be submitted to the Alliance upon request by the Alliance. d. Title (ownership) to all property acquired with funds from any contracts covered by this agreement or otherwise purchased by the Alliance shall be vested in the Alliance upon completion or termination of the contract(s). e. At no time shall the provider dispose of non-expendable property except with the permission of, and in accordance with instructions from the Alliance Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. f. A budget amendment is required to be submitted and approved by the Alliance's contract manager 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 any contract(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the Alliance for Aging's LAN administrator's file. 2. Copyright Clause Where activities supported by any contract(s) incorporating this agreement by reference produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Alliance has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Alliance do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior written consent of the 14 7/00 Agreement No. PA 129 Department of State. 3. Grievance and Appeal Procedures a. In accordance with ATTACHMENT IV, Minimum Guidelines for Recipient Grievance Procedures, the provider will develop procedures for handling complaints from persons who complain service has been denied, terminated or reduced. b. Provider will establish complaint procedures for older individuals who are dissatisfied with or denied services. These procedures must include notice of the right to complain and to have their complaint reviewed. 4. Investigation of Allegations Any report that implies criminal intent on the part of this provider or any service provider agency and referred to a governmental or investigatory agency must be sent to the Alliance. The Alliance must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. If the Alliance has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the provider shall notify the Alliance immediately. The Alliance shall notify the Inspector General at the Department of Elder Affairs immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the provider or service provider, must be sent to the department's Inspector General with a summary of the investigation and allegations. 5. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service providers. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider to implement emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/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 15 7/00 Agreement No. PA129 purpose of ensuring the health, safety and welfare of the elderly in the potential or actual disaster area. 6. Volunteers The provider 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 provider will increase the use of volunteers in the planning and service area by providing training, technical assistance and funding, where possible, to their service sub-contractors. 7. Business Hours Lead agencies and elder helpline providers must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. This provision shall not apply to all other Alliance subcontractors. 8. Client Information Registration and Tracking System (CIRTS) and Management Information Systems. For all program contracts incorporating this agreement by reference for which collection of client data in CIRTS is required: a. The Alliance shall employ a Local Area Network (LAN) Administrator who shall assure the provider's compliance with the requirements of the "LAN Administrator Guidelines" adopted by the department. These "Guidelines" delineate the roles and responsibilities of the Local Area Network Administrator. The Alliance shall assure any other support necessary for full "LAN Administrator Guidelines" compliance, including reporting to the department the operational status of their LAN and Wide Area Network (WAN) in accord with the frequency and format directed in these "Guidelines". b. The Alliance will ensure the collection and maintenance of client and service information on a monthly basis from the Client Information Registration and Tracking System (CIRTS) or any such system designated by the department. Maintenance includes valid exports and backups of all data and systems according to department standards. c. The provider shall enter all required data per the department's CIRTS Policy Guidelines for clients and services in the CIRTS database. The data must be entered into the CIRTS before the service provider submits its request for payment and expenditure reports to the Alliance. The Alliance shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the department. d. The provider will run monthly CIRTS reports and verify client and service data in the 16 7/00 Agreement No. PA129 CIRTS is accurate. This report must be submitted to the Alliance with the monthly request for payment and expenditure report and must be reviewed by the Alliance before the service provider's request for payment and expenditure reports can be approved by the Alliance. e. Failure to ensure the collection and maintenance of the CIRTS data may result in the Alliance enacting the "Enforcement" clause of this agreement (see Section III, C.). f. Computer System Backup and Recovery Each 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. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The provider will submit to the Alliance, annually or upon revision, their written policy for backing up data and software. 9. Client Outcomes a. The provider will develop client outcome measures consistent with those developed by the Department of Elder Affairs and the Alliance. b. In preparation for performance-based program budgeting, the department and the Alliance will set targets for the performance of outcome measures. These targets will be amended into contracts. The provider will be responsible for achieving these targets. 17 7/00 Agreement No. PA129 IN WITNESS THEREOF, the parties hereto have caused this 27 page agreement to be executed by their undersigned officials as duly authorized. PROVIDER: ALLIANCE FOR AGING, INC. FOR MIAMI DADE AND MONROE COUNTIES, INC. Monroe County Board of Commissioners BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: SIGNED BY: NAME: NAME: TITLE: TITLE: DATE: DATE: FEDERAL 10 NUMBER: PROVIDER FISCAL YEAR ENDING DATE: 59-6000749 9/30 18 7/00 Agreement No. PA 129 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 state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress or an officer or employee of the state legislature, 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 sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients 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. Signature Date Name of Authorized Individual PA129 Application or Contract Number Monroe County Board of Commissioners 5100 College Road - Wing III Key West. Florida 33040 Name and Address of Organization DOEA Form 103 19 7/00 Agreement No. PA 129 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. Signature Date Name and Title of Authorized Individual Monroe County Board of Commissioners Name of Organization DOEA Form 112A October 1993 20 7/00 Agreement No. PA129 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 1128 October 1993 21 7/00 Agreement No. PA 129 Attachment III Audit Attachment For purposes of this Audit Attachment the following applies: "provider" is hereinafter referred to as "recipient"; "contract" is hereinafter referred to as "agreement". The administration of funds awarded by the Alliance to the recipient may be subject to audits and/or monitoring by the Alliance, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Alliance staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance. In the event the Alliance determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Alliance to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department of Elder Affairs, the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Federal funds awarded through the Alliance by this agreement, if any, are indicated in Section II. A. of the contract(s) of which this document is an attachment. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Alliance. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. - PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97, Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the Alliance by this agreement are indicated in Section II. A of the contract(s) of which this agreement is an attachment. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Alliance, except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 22 7/00 Agreement No. PA129 2. In connection with the audit requirements addressed in Part II, paragraph 2, the recipient shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a reporting package as defined by Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds PART III: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following within 180 days of recipient's fiscal year end: A. The Alliance for Aging (2 copies needed) at the following address: Alliance for Aging, Inc. Attn.: DIRECTOR OF ADMINISTRA TION 9500 South Dadeland Boulevard, Suite 400 Miami, FL 332156 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall submit two (2) copies of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Alliance at the following address within 180 days of recipient's fiscal year end: Alliance for Aging, Inc. Attn.: DIRECTOR OF ADMINISTRA TlON 9500 South Dadeland Boulevard, Suite 400 Miami, FL 33156 3. Copies of reporting packages required by PART II of this attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Alliance for Aging, Inc. (2 copies needed) at the following address: Alliance for Aging, Inc. Attention: Director of Administration 9500 South Dadeland Boulevard, Suite 400 Miami, Florida 33156 23 7/00 Agreement No. PA 129 S. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Any reports, management letters, or other information required to be submitted to the Alliance pursuant to this attachment shall be submitted timely (2 copies needed) in accordance with OMS Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the J1uditor General, as applicable. 5. Recipients, when submitting audit reports to the Alliance for audits done in accordance with OMS Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this attachment for a period of five (5) years from the date the audit report is issued, and shall allow the Alliance, or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Alliance or its designee, upon request, for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Alliance. DOEA Form 104M (rev. 5/00) 24 7/00 Agreement No. PA 129 ATTACHMENT IV MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families(DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION · The recipient must be informed by the decision maker of the action, in writing, no less than 10 calendar* days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) · Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. . The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend, or other qualified representative in the requested review proceedings. · All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW · Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's own case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable time before or during the review; a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. · All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. · The reviewer(s) must provide written notification to the requester, within 7 calendar* days after the grievance review, stating: the decision, the reasons therefore in detail; 25 7/00 Agreement No. PA129 the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7 calendar. days, except in decisions involving the professional judgement of a legal assistance provider; the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himself/herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGING · Within 7 calendar. days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all appeals are exhausted. · All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. · The designated AAA official(s) must provide written notification to the requester within 7 calendar. days after considering the grievance ~eview appeal, stating: the decision, and the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision; and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. · All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the client's file. · In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. 26 7/00 Agreement No. PA 129 ATTACHMENT V CERTIFICATION REGARDING YEAR 2000 COMPLIANCE CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The Year 2000 (Y2K) Issue concerns the ability of data processing systems to process year-date dependent data accurately beyond the year 1999. Year 2000 Compliant is defined in Memorandum No.6 (98-99) from the Department of Management Services, Division of Purchasing and is explicitly incorporated herein. To ensure the integrity of the State's accounting systems are not compromised, the following language was composed to protect the interests of the State and the elderly population of Florida who rely on the programs in place to assist them in preserving the quality and duration of their lives. The undersigned, an authorized representative of the provider named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The provider and any sub-providers of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the provider, sub-provider(s), or any outside entity on which the provider is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be Y2K compliant. For those systems identified to be non-compliant, provider(s) will take immediate action to remediate the Y2K problem and validate the success of the remediation effort). All systems will be Y2K compliant by January 1, 2000. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are Y2K Compliant. All versions of these products offered by the provider (represented by the undersigned) and purchased by the State will be Y2K Compliant. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, the provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The provider and any sub-provider(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from Y2K compliance issues. The provider shall require that the language of this certification be included in all subcontracts, subgrants, and other agreements and that all sub-contractors shall certify compliance 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 Department of Management Services (OMS) Memorandum NO.6 (98-99) and OMB Circulars A-102 and A-110. MONROE COUNTY BOARD OF COMMISSIONERS. 5100 College Road - Wino III. Key West. Florida 33040 Name and Address of Organization Signature Title Date Name of Authorized Signer Y2Kfrm: created March 11, 1999 27