Item C25
~~~
Louis LaTorre, Senior Director
Social Services/tabt
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 7/17-18/02
DIVISION: COMMUNITY SERVICES
BULK ITEM:
YES X
NO
DEPARTMENT: SOCIAL SERVICES
AGENDA ITEM WORDING: Approval of Contract PA-329, Master Agreement, for Fiscal Year 7/1/02 thru
12/31/02, between the Alliance for Aging, Inc. (Area Agency On Aging for Miami-Dade and Monroe Counties)
and the Mmrroe County Board of County Commissioners/Monroe County Social Services (Monroe County In
Home Service Program/Monroe County Nutrition Program).
ITEM BACKGROUND: The approval of this Master Agreement will ensure the continuation ofIn Home
Service and Nutrition programs (with no disruption to the consumers) assure that both the Alliance and Monroe
County will be subject to the conditions set forth in all contracts between above referenced parties and will
allow either party to amend executed contracts covered under this Master Agreement.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAl<'lf RECOMMENDATION: Approval
TOTAL COST: $-0- BUDGETED: YES_ NO X
COST TO COUNTY: $ -0-
REVENUE PRODUCING: YES
NO~ AMT.PER MONTH
YEAR
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
INCLUDEI X- TO FOLLOW
NOT REQUIRED_
DISPOSITION:
AGENDA ITEM#:
~~
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Alliance For Aging, Inc, Contract #PA 329
Effective Date: July 1,2002
Expiration Date: December 31, 2002
Contract Purpose/Description: Approval of Contract PA-329, Master Agreement, between the Alliance For
Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of
County CommissionerslMonroe County Social Services (Monroe County In Home Service Program/Monroe
County Nutrition Program),
For BOCC meeting on
t7'~
Louis La Torre i'/!j-::: 4573
(Name), ';vii; (Ext.)
7/17-18/02 Agenda Deadline:
Social Services/Stop 1
(Department/Stop #)
Contract Manager:
7/2/02
CONTRACT COSTS
Total Dollar Value of Contract: $ -0-
Budgeted? Yes C No X Account Codes:
Grant: $ -0-
County Match: $ -0-
Current Year Portion: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
/yr
ADDITIONAL COSTS
For:
(eg. Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Yes 0
Date Out
f/tfuL
'r'd -Q;;}-
~
r~~
Date In
Division Director I I I
I L '0-"2-
,
Risk Management 1-;1- 0 d--
O,M,B./Purchasing l \ <;\ OL-
County Attorney 1- f/ 0 z..-.
Changes /
Needed /
Yes 0 No 0"
NoB-
Yes 0
::/~
Yes C
Comments:
OMB Form Revised 2/27/01 MCP #2
OFFICERS
Martin U rra
Ch"ir
Dr, Freeman T. Wyche
Vice Chair
Henry Bikofsky
Secrerary
Susan E, Durre, Esq,
Treasurer
Kate Callahan, Ph,D,
Immediare Pasr Chair
BOARD MEMBERS
Raymond Adrian
Carlos F, Arazoza
Roslyn K, Berrin
William Calderin
Olga A, Connor
Carl Eisdorfer, Ph,D" M,D,
Ramona Frischman, Ed,D,
Ginger Grossman
Harold F. Heim
Albert Maury
Ellen W. Oppenheimer
Suzette S, Pope
Ana M, Poveda
Barbara Abel Reiser, M,S,
Jose T, Sanchez, M.D.
Catherine Schaus
Maggie Smith
Harvey Sootin
Ma..ha Tejeda
Margaret Weedman
David Williams, Jr,
HONORARY BOARD
MEMBERS
Carolina Calderin
Rosebud L. Foster, Ed,D,
Benjamin Leon, Jr,
PRESIDENT/CEO
Steven Weisberg, M,S,
9500 South Oadeland Boulevard
Suite 400
Miami, Florida 33I56
(305) 670-6500
Fax: (305) 670-6516
Elder Helpline: 1-800-963-5337
TOO: (305) 670-7721
rlJ.rtially funded by
member llf
11
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SJ'
Allumce for Aging, Inc,
A'tW~'I!rS (m ;Wing
MEMORANDUM
TO:
Agencies with Older Americans Act funded contracts
FROM:
Pedro Jove, Director of Administration
DATE:
June 24, 2002
SUBJECT:
Master Agreements for 2002
I am forwarding two (2) copies of your Master Agreement for the upcoming six month
period. A twelve month agreement for 2003 will be sent to you in December,
Please have an appropriate official sign and date the agreement and return both copies
two us for final review and signing,
Attachment I (page 19), Attachment II (page 21), Exhibit 2 for Attachment III (page
28)and Attachment IV (page 29) must also be completed, signed and dated.
Please acquaint yourself with the following changes:
Section I.D., Requirements of Section 287.058 Florida Statutes, enumerating
unallowable expenses and detailing travel and procurement policies,
Section I.K., Sponsorship, requiring display of the Department's and the Alliance's logos
on all printed material paid through contract funds,
Section I.P" Monitoring & Incident Reporting, Item #1, requiring all recipients to
maintain adequate source documentation for all expenses charged to departmental
contracts.
Section LT., Data Integrity, a new requirement found under Attachment V,
Section III.C., Enforcement, Item #1, specifying the role and jurisdiction of the Department
in regard to subrecipients under contract with the Alliance,
Section III.J" SurpluslDeficit Report, establishing dates and reporting requirements to
track contract expenditures on a monthly basis.
Attachment III, Audit Requirements, and Exhibits 1&2, explaining the requirements to be
followed in order to comply with the State of Florida Single Audit Act.
If you have any questions, please contact me at 305-670-5000, Extension 223.
Thank you for your cooperation,
Area Agency on Aging for Miami-Dade and Monroe Counries
07/01/2002
Agreement No. PA 329
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 "recipient".
All contracts executed between the recipient 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 recipient 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. Recipient 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 recipient under contract with the Alliance.
B. Federal Laws and Regulations:
1. The recipient shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other
applicable regulations,
2. The recipient 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 recipient shall report any violations of the above to the
Alliance.
3. The recipient 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 ~he Certification Regarding Lobbying form must be completed and returned to the Alliance's
contract manager.
4. The recipient must, prior to execution of this agreement, complete the Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts, ATTACHMENT
II,
5, The recipient shall comply with the provisions of the U,S. Department of Labor, Occupational Safety
and Health Administration (OSHA) code, 29 CFR, Part 1910.1030,
1
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07/01/2002
C. Civil Rights Certification:
Agreement No. PA 329
The recipient 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
recipient agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if
service$ are provided to clients and if fifteen (15) or more persons are employed. For recipients employing
less than 15 persons, the Alliance requests completion of the Civil Rights Compliance Questionnaire.
The recipient assures it will comply with:
t: -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.
7. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the
above statutes.
8. The recipient shall establish procedures to handle complaints of discrimination involving services or
benefits through this contract. The recipient 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 recipient agrees that compliance with these assurances is a condition of continued receipt of or
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07/01/2002 Agreement No. PA 329
benefit from federal financial assistance, and that it is binding upon the recipient, its successors,
transferees, and assignees for the period during which such assistance is provided. The recipient
further assures that all subrecipients, vendors, or others with whom it arranges to provide services
or benefits to participants or employees in connection with any of its programs and activities are not
discriminating against those participants or employees in violation of the above statutes, regulations,
guidelines, and standards. In the event of failure to comply, the recipient understands that the
Alliance and/or the Department of Elder Affairs may, at their discretion, seek a court order requiring
compliance with the terms of this assurance or seek other appropriate judicial or administrative relief,
including but not limited to, termination of and denial of further assistance,
D. ~e~uirements of Section 287.058, Florida Statutes:
For all contracts covered by this agreement, the recipient 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. Expenditures prohibited from state funds unless expressly provided by law
include, but are not limited to:
(a) Congratulatory telegrams;
(a) Flowers and/or telephone condolences;
(c) Presentation of plaques for outstanding service;
(d) Entertainment for visiting dignitaries;
(e) Refreshments such as coffee and doughnuts;
(f) Decorative items (globe, statues, potted plants, picture frames, wall hangings, etc,)
(g) Greeting Cards (section 286.27, F.S.);
(h) Alcoholic beverages;
(i) Portable heaters and fans, refrigerators, stoves, microwave ovens, coffee pots, coffee mugs, etc.;
m Clocks for private offices;
(k) Meals, except those served to inmates and clients of State Institutions.
(I) Lobbying expenses (see Section I., paragraph L. of this agreement)
2. To follow the policies of the Department of Elder Affairs regarding any and all business travel pursuant
to this agreement and to submit bills for any travel expenses in accordance with section 112.061 ,
Florida Statutes, The State Comptroller approved Reimbursement of Travel Expenses form, or an
equivalent form developed by the recipient, must be completed for all travel funded by contract(s)
covered by this agreement. Receipts for car rental, air fare, lodging, and incidental expenses allowed
by statute are required documentation to be retained on file to support expenditures, Conference and
convention travel require an agenda. Conference, convention, and out-of-state travel funded by
contracts covered by this agreement require written authorization from the appropriate authority at the
department. Per diem and meal reimbursement will be paid in accordance with the time periods and
rates specified in the statutes.
3, To provide units of deliverables, including reports, findings, and drafts as specified in the contracts,
the contract attachments, and the service applications developed by the recipient, to be received and
accepted by the contract manager prior to payment.
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07/01/2002 Agreement No. PA 329
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 recipient in conjunction with this
agreement and any contracts incorporating this agreement by reference. It is expressly understood
that substantial evidence of the recipient's refusal to comply with this provision shall constitute a
breach of contract.
5, To develop procurement procedures for all services purchased pursuant to contracts and subcontracts
subject to this agreement in accordance with state and federal regulations that encourage competition
and promote a diversity of contractors for services for the elder consumers.
E. With holdings and Other Benefits:
The recipient is responsible for Social Security and Income Tax withholdings,
F. Indemnification:
If the recipient is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes,
the provisions of this section do not apply.
1, Recipient agrees it will indemnify, defend, and hold harmless the Department of Elder Affairs and the
Alliance and all of their 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 recipient, its agents, employees, or subrecipients 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 Department, the Alliance or said parties may be subject, except
neither recipient nor any of its subrecipients 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
Department, the Alliance or any of their officers, agents, or employees.
2. Recipient's obligation to indemnify, defend, and pay for the defense or, at the Department's option,
to participate and associate with the Department in the defense and trial of any claim and any related
settlement negotiations, shall be triggered by the Department's notice of claim for indemnification to
recipient. Recipient's inability to evaluate liability or its evaluation of liability shall not excuse recipient's
duty to defend and indemnify the Department, upon notice by the Department. 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 Department solely negligent shall excuse
performance of this provision by recipients. Recipient shall pay all costs and fees related to this
obligation and its enforcement by the Department. Department's failure to notify recipient of a claim
shall not release recipient of the above duty to defend,
3. It is the intent and understanding of the parties that the recipient nor any of its subrecipients are
employees either of the Department or the Alliance and shall not hold themselves out as employees
or agents of either agency without specific authorization from them, It is the further intent and
understanding of the parties that neither the Department nor the Alliance control the employment
practices of the recipient and shall not be liable for any wage and hour, employment discrimination,
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07/01/2002
Agreement No. PA 329
or other labor and employment claims against the recipient.
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 recipient accepts full responsibility for identifying and determining the type(s) and
extent of liability insurance necessary to provide reasonable financial protections for the recipient and
the clients to be served under contracts incorporating this agreement by reference. Upon execution
of each contract covered under this agreement, the recipient 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 Department of Elder Affairs and the Alliance reserve 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 recipient 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 insurance company and consistent with good
business practices.
3. If the recipient is a state agency or subdivision as defined by section 768.28, Florida Statutes, the
recipient shall furnish, 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 recipient 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 (1-800-96 ABUSE).
I. Transportation Disadvantaged:
If clients are to be transported under any contracts incorporating this agreement, the recipient 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.
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07/01/2002
2. Equity in Contracting
Pursuant to Section 287.09451, F. S., the Department of Elder Affairs 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 recipient shall report information on utilization of
certified minority, and non-certified minority providers and vendors for all subrecipients and vendors
receiving funds pursuant to all contracts covered by this agreement This report shall be submitted
quarterly to the Alliance. '
Agreement No. PA 329
3. Front Porch Community Initiative
. The recipient is encouraged to identify in the service 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.
K. Sponsorship:
1. As required by Section 286.25, Florida Statutes, if the recipient 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, The recipient shall also display a graphic of the Department's Pillars logo and the
Alliance's Answers on Aging logo on all printed materials as displayed in Attachments VI and VII
respectively. This shall include, but is not limited to, any correspondence or other writing, publication
or broadcast that refers to such program.
2. If the recipient is a governmental entity or political subdivision of the state, the Department and the
Alliance request compliance with the conditions specified above.
3. The recipient shall not use the words "The 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 recipient is a non-governmental organization, it is expressly understood and agreed the recipient
will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the
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07/01/2002 Agreement No. PA 329
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.
N. 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.
w _Recipient agrees to maintain records including paid invoices, payroll registers, travel vouchers, copy
logs, postage logs, time sheets, etc., as supporting documentation for service cost reports and for
administrative expenses itemized for reimbursement. This documentation will be made available upon
request for monitoring and auditing purposes.
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 authorized by the Alliance, the
Department of Elder Affairs, or 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 111 and to
ensure all related party transactions are disclosed to the auditor.
6. To include these aforementioned audit and record keeping requirements, including Attachment 111,
in all approved subcontracts and assignments.
7. The recipient agrees to provide client information and statistical data for research and evaluative
purposes when requested by the Alliance.
8. To provide to the Alliance all fiscal information regarding services contracted pursuant to this
agreement using the application required by the Department of Elder Affairs.
O. 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
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07/01/2002
retained until resolution of the audit findings.
Agreement No. PA 329
2. Persons duly authorized by the Department of Elder Affairs, the Alliance or 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 retained,
whichever is later.
P. Monitoring and Incident Reporting:
1. The recipient will provide progress reports, including data reporting requirements as specified by the
Department of Elder Affairs to be used for monitoring progress or performance of the contractual
services as specified in the area plan submitted by the Alliance to the department as well as in the
service application submitted by the recipient to the Alliance. Following the norms set down by the
Departmen tof Elder Affairs, the Alliance will establish performance standards for recipients 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 department. This information will allow staff to determine if on-site monitoring of the
recipient is necessary. Examples of review criteria are surplus/deficit, independent audits, internal
controls, reimbursement requests, subrecipient monitoring, targeting, program eligibility, outcome
measures, service provision to clients designated as "high risk" by the Department of Children &
Fa/Tlilies, Adult Protective Services program, data integrity, co-payments, client satisfaction,
correspondence, and client file reviews.
2. The Alliance will perform administrative and programmatic monitoring of the recipient to ensure
contractual compliance, fiscal accountability, programmatic performance, and compliance with
applicable state and federal laws and regulations.
3. To permit persons duly authorized by the Department of Elder Affairs or the Alliance to inspect any
records, papers, documents, facilities, goods and services of the recipient which are relevant to
contracts incorporating this agreement by reference, or to the mission and statutory authority of the
Department or the Alliance, and to interview any consumers and employees of the recipient to be
assured of satisfactory performance of the terms and conditions of the contract(s). Following such
inspection the Department or the Alliance will deliver to the recipient a list of its concerns with regard
to the manner in which said goods or services are being provided. The recipient will rectify all noted
deficiencies provided by the Department or the Alliance within the time set forth, or provide either the
Department or the Alliance with a reasonable and acceptable justification for the recipient's failure to
correct the noted shortcomings. The Department or the Alliance shall determine whether such failure
is reasonable and acceptable. The recipient's failure to correct or justify deficiencies within a
reasonable time as specified by the Department or the Alliance may result in either agency taking any
of the actions identified in Section III., C" Enforcement, or deeming the recipient's failure to be a
breach of contract.
4. The recipient will notify the Alliance within 24 hours of conditions related to performance that could
impair continued service delivery. Reportable conditions may include:
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07/01/2002
Agreement No. PA 329
.
proposed consumer terminations
recipient financial concerns/difficulties
service documentation problems
contract non-compliance
service quality and consumer complaint trends.
.
.
.
.
Recipient will provide the Alliance with a brief summary of the problem(s) and proposed corrective
action plans and time frames for implementation.
Q. Safeguarding Information:
Except as provided for Alliance auditing and monitoring purposes, not to use or disclose any information
concerning a consumer who receives 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 consumer, or the consumer's authorized representative.
R. Assignments and Subcontracts:
1, Alliance approval of the service application presented by the recipient shall constitute Alliance
approval of the recipient subcontracts if the subcontracts follow the service and funding information
identified in the service application. The recipient must submit all contracts for services under the
service application to the Alliance for prior approval when the proposed subrecipient 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, Paragraphs J.1., J.2., 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.
2. If the recipient deems a service provider to be a vendor rather than a subrecipient, as defined in OMS
Circular A-133, subpart B, section .210, this determination must be documented in writing. When a
vendor relationship is identified, a contract with all of the terms and conditions set forth in this
agreement is not required. However, a written agreement outlining services to be performed and
conditions for procurement, receipt and payment for services, in compliance with the contracts
covered by this agreement, is required. The recipient is responsible for assuring program compliance
and performance, and any applicable conditions of this agreement and the contracts covered by it,
that were not passed down to subrecipients and vendors.
S. 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 fo'r which funds were disbursed to the recipient by the Alliance.
a. The recipient shall return any overpayment to the Alliance within forty (40) calendar days after
either discovery by the recipient, or notification by the Alliance, of the overpayment.
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07/01/2002
b.
Agreement No. PA 329
In the event the recipient or its independent auditor discovers an overpayment has been made,
the recipient 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 recipient by letter of such a finding.
c. Overpayments to subrecipients due to unallowable or un-allocable expenses or to vendors or
subrecipients due to billing discrepancies must be returned to the Alliance under the same terms
and conditions as this section, Information indicating recipients have been overpaid as a result
of over-budgeting on the unit cost methodology can be used by the Alliance to negotiate lower
rates in subsequent years. Continuous overpayment to recipients due to over budgeting may
result in a demand for repayment to the Alliance or the Department of Elder Affairs under the
same terms and conditions of this section. Repayment received by the Alliance must be reported
to the Department and may be either re-allocated to other subrecipient(s) or returned to the
Department, at the Department's discretion.
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.
T. Data Integrity:
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 data integrity for any procurement document, the recipient must, prior to execution
of this agreement, complete the Data Integrity Certification form, ATTACHMENT IV.
In the event a data integrity issue results in a delay of service, the recipient agrees to execute their
agency disaster plan to ensure the delivery of service(s) continues.
U. Conflict of Interest:
The recipient hereby agrees to develop and implement a policy to ensure that its employees, board
members, management and subrecipients, 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 recipient'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 recipient's employees and service subrecipients must make the
same disclosures described above to the recipient's board of directors,
T. Successors and Transferees:
This agreement and its attachments are binding on the recipient and its successors and transferees,
10
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07/01/2002
II. The Alliance Agrees:
Agreement No.. PA 329
A. Contract Payment:
Unless etherwise stated in the centract(s) cevered by this agreement between the Alliance and recipient,
payments made by the Alliance to. the recipient must be within seven (7) werking days after receipt by the
Alliance ef full er partial payments frem the Department ef Elder Affairs in accerdance with sectien
287.0585, Flerida Statutes. Failure to. pay within seven (7) werking days will result in a penalty charged
against the Alliance and paid to. the recipient in the ameunt ef ene-half ef ene (1) percent ef the ameunt
due, per day from the expiratien ef the peried allewed herein fer payment. Such penalty shall be in
additien to. actual payments ewed and shall net exceed fifteen (15) percent ef the eutstanding balance
d'ue.
B. Vender Ombudsman:
A Vender Ombudsman has been established within the Department ef Banking and Finance. The duties
ef this individual include acting as an advecate fer venders who. may be experiencing preblems in
ebtaining timely payment(s) frem a state agency. The Vender Ombudsman may be centacted at (850)
488-2924 er by calling the State Cemptreller's Hetline, 1-800-848-3792.
III. Recipient and Alliance Mutually Agree:
A. Effective Date
1. This agreement shall begin en July 1, 2002 er en the date en which the agreement has been signed
by beth parties, whichever is later, and shall end en December 31,2002.
2. All centracts executed between the Alliance and the recipient during the effective peried ef this
agreement shall reference this agreement by number, incerperating it therein, and shall be geverned
by the cenditiens ef this agreement fer the duratien ef the centract peried(s),
B. Termination:
1. Terminatien at Will
Any centract(s) cevered by this agreement and incerperating it by reference may be terminated by
either party upen no. less than thirty (30) calendar days netice, witheut cause, unless a lesser time is
mutually agreed upen by beth parties, in writing. Said netice shall be delivered by certified mail, return
receipt requested, er in persen with preef ef delivery. In the event the recipient terminates a centract
at will, the recipient agrees to submit, at the time it serves netice ef the intent to. terminate, a plan
which identifies precedures to. ensure services to. clients will net be interrupted er suspended by the
terminatien, In the event that an agreement between the recipient and a subrecipient is terminated,
the recipient shall require the subrecipient to. submit to. the recipient and the Alliance, a similar plan
ensuring services to. clients will not be interrupted or suspended by the termination.
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2. Termination Because of Lack of Funds
Agreement No. PA 329
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 recipient. 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 breach is waived by the Alliance in writing, or the recipient fails to cure the breach within
the time specified by the Alliance, the Alliance may, by written notice to the recipient, 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 Department of Elder Affairs 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 herei~ do not limit the Department's or the Alliance's right to remedies at law or to damages
of a legal or equitable nature.
C. Enforcement:
1. The Department of Elder Affairs or the Alliance may, in accordance with section 430.04, Florida
Statutes, take intermediate' measures against the recipient, including: corrective action,
unannounced special monitoring, temporary assumption of the operation of one or more
programs, placement of the recipient on probationary status, imposing a moratorium on recipient
action, imposing financial penalties for nonperformance, or other administrative action pursuant
to Chapter 120 Florida Statutes, if the Alliance or the Department finds that:
· an intentional or negligent act of the recipient has materially affected the health, welfare, or safety
of clients, or substantially and negatively affected the operation of an aging services program.
· the recipient lacks financial stability sufficient to meet contractual obligations or that contractual
funds have been misappropriated.
· the recipient has committed multiple or repeated violations of legal and regulatory standards,
regardless of whether such laws or regulations are enforced by the Department or the Alliance,
or the recipient has committed or repeated violations of Department standards.
· the recipient has failed to continue the provision or expansion of services "after the declaration of
a state of emergency.
· the recipient 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.
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07/01/2002 Agreement No. PA 329
2. In making any determination under this provision the Department of Elder Affairs 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 Department 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 Department.
D. Notice and Contact:
.1.,' ,The name, address and telephone number of the Alliance for this agreement is:
Steven Weisberg
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 33156
(305) 670-6500 SC 455-6500
2. The name, address and telephone number of the recipient of the program under this agreement is:
Monroe County Board of Commissioners
Gato Building
1100 Simonton Street
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 La Torre
Gato Building
1100 Simonton Street
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 Department of Elder Affairs operating budget.
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07/01/2002
IV. The Recipient agrees to the Following Special Provisions:
Agreement No. PA 329
A. Property
1, 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
aca expenditure only if they are circulated to students or the general public.
2. All property, purchased under contracts covered by this agreement or purchased by the Alliance
and received by the recipient shall be listed on the property records of the recipient. 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
acquisition cost, property inventory number and information on the location, use and condition,
transfer, replacement or disposition of the property (including fair market value and sales price at
disposition).
3. A physical inventory of equipment shall be taken and the results reconciled with the equipment
records at least once every two years. Discrepancies shall be investigated to determine the
difference. Any loss, damage or theft of equipment shall be fully investigated and fully
documented and if the equipment is purchased with state or federal funds, shall be reported to
the Alliance. The property records must be maintained on file and shall be provided to the Alliance
upon request.
4. 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 Department of Elder Affairs upon
completion or termination of the contract(s).
5. At no time shall the recipient 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.
6. 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.
7. Information Technology Resources
The recipient 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,
14
07/01/2002 Agreement No. PA 329
maintenance, training, personnel and facilities. The completed ITR worksheet shall be
maintained in the Alliance for Aging's LAN administrator's file.
B. 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 Department of Elder Affairs and the Alliance
have 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 their behalf 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 Department of State.
C. Grievance and Appeal Procedures
1. In accordance with ATTACHMENT V, Minimum Guidelines for Consumer Grievance
Procedures, the recipient will develop procedures for handling complaints from persons who
complain service has been denied, terminated or reduced.
2. Recipient 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.
D. Investigation of Allegations
Any report that implies criminal intent on the part of this or any other recipient and referred to a
governmental or investigatory agency must be sent to the Alliance. The recipient must investigate
allegations regarding falsification of client information, service records, payment requests, and
other related information. If the recipient 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 recipient shall notify the Alliance immediately. A copy of all documents,
reports, notes or other written material concerning the investigation, whether in the possession
of the Alliance or the recipient must be sent to the Department of Elder Affairs Inspector General
with a summary of the investigation and allegations.
E. 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
15
07/01/2002 Agreement No. PA 329
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 purpose of
"-- . ensuring the health, safety and welfare of the elderly in the potential or actual disaster area.
F. Volunteers
The recipient will promote the use of volunteers as prescribed in Section 306(a)(12), Older
Americans Act and Section 430,07, Florida Statutes.
G. Business Hours
Recipients who are lead agencies, as defined in 430.203 (9), F.S. or who provide elder helpline
services pursuant to this agreement must at a minimum maintain business hours from 8:00 am
to 5:00 pm daily, Monday through Friday.
H. Client Information Registration and Tracking System (CIRTS) and Management Information
Systems.
For all program contracts incorporating this agreement by reference for which collection of
consumer data in CIRTS is required:
1. The Alliance shall employ a Local Area Network (LAN) Administrator who shall assure the
recipient'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".
2. The Alliance will ensure the collection and maintenance of consumer 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.
3. The recipient shall enter all required data per the department's CIRTS Policy Guidelines for
consumers and services in the CIRTS database. The data must be entered into the CIRTS
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07/01/2002
Agreement No. PA 329
before the recipient 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.
4. The recipient will run monthly CIRTS reports and verify consumer and service data in the
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
recipient's request for payment and expenditure reports can be approved by the Alliance,
5. 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.).
6. Computer System Backup and Recovery
Each recipient, 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 recipient will submit to the Alliance, annually or upon revision, their written policy
for backing up data and software.
I. Consumer Outcomes
1. The recipient will develop consumer outcome measures consistent with those developed by
the Department of Elder Affairs and the Alliance.
2. As required by the legislature for performance-based program budgeting, the Department of
Elder Affairs will set targets for the performance of outcome measures. The Alliance is
responsible for achieving these targets and will incorporate them into its subcontracts with
service agencies as necessary.
J. Surplus/Deficit Report
The recipient will submit a consolidated surplus/deficit report to the Alliance's Programs and
Services Department by the 15th of each month. This report is for all contracts between the
recipient and the Alliance and must include an explanation where there is a projected surplus or
deficit of 2% or more. The report will include the following:
1. A list of subcontractors, if applicable, who are showing a surplus or deficit,
2. the recipient's detailed plan on how the surplus or deficit spending will be resolved or, a
recommendation to transfer surplus funds; and,
3. input from the recipient's Board of Director's on resolution of spending issues, if applicable.
17
07/01/2002
Agreement No. PA 329
IN WITNESS THEREOF, the parties hereto have caused this 33 page agreement to be executed by their
undersigned officials as duly authorized.
RECIPIENT: MONROE COUNTY BOARD
OF COMMISSIONERS
ALLIANCE FOR AGING, INC. FOR MIAMI
DADE AND MONROE COUNTIES, INC.
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGNED
BY:
SIGNED
BY:
NAM E:
NAME: STEVEN WEISBERG. M.S,
TITLE:
TITLE: PRESIDENT/CEO
DATE:
DATE:
FEDERAL ID NUMBER:
RECIPIENT FISCAL YEAR ENDING DATE:
59-6000749
09/30
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07/01/2002
Agreement No. PA 329
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
PA 329
Application or Contract Number
Monroe County Board of Commissioners
Gato Building - 1100 Simonton Street
Key West. Florida 33040
Name and Address of Organization
DOEA Form 103 (Revised January 2001)
BY
ZANN~ A~UTION
DATE 0 01 02---
I
19
07/01/2002
INSTRUCTIONS
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS
Agreement No. PA 329
ATTACHMENT II
1. Each recilJient 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 recipients can contract with subrecipients 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 recipient shall provide immediate written notice to the contract manager at any time the recipient
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 recipient 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
participatbn in this contract unless authorized by the Federal Government.
6. The recipient further agrees by submitting this certification that it will require each subrecipient 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 recipients may rely upon a certification of a
recipientlsubrecipients that is. not debarred, suspended, ineligible, or voluntarily exclude from
contracting/subcontracting unless it knows that the certification is erroneous.
8. If the recipient is an Area Agency on Aging (AAA), the AAA may rely upon a certification of a
recipientlsubrecipient entity that is not debarred, suspended, ineligible, or voluntarily excluded from
contracting/subcontracting unless the AAA knows that the certification is erroneous.
9. The signed certifications of all subrecipients shall be kept on file with recipient.
DOEA FORM 112A
(Revised April 2001)
20
07/01/2002
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS
Agreement No. PA 329
ATTACHMENT II
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 recipient 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 recipient is unable to certify to any of the statements in this certification, such
prospective recipient shall attach an explanation to this certification.
Signature
Date
Name and Title of Authorized Individual
(Print or type)
Monroe County Board of Commissioners
Name of Organization
DOEA FORM 1128
(Revised April 2001)
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07/01/2002
Agreement No. PA 329
Attachment III
Audit Attachment
Th'3 administration of funds awarded by the Department of Elder Affairs to the Alliance and to any sub-recipient through
contracts with the Alliance may be subject to audits and/or monitoring as described in this section by the department, and
other authorized state personnel or federal personnel.
MONITORING
In addition to rev iews of audits conducted in accordance with 0 MS Circular A-133, as rev ised (see "AUDITS" below),
monitoring procedures may include, but not be lim ited to, on-site v isits by department staff, limited scope audits as def ined
by OMS Circular A-133, as rev ised, and/or other procedures, Sy entering into this agreem ent, the recipient agrees to com ply
and cooperate with any monitoring procedures/processes deem ed appropriate by the department. In the event the
department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to com ply with any
additional in~!ructions prov ided by the departm ent to the recipient regarding such audit. The recipient further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deem ed necessary by the Comptroller, Auditor
General or federal personnel.
OTHER REQUIREM ENTS
If the recipient is a non prof it organization, the Oath of Not for Profit Status form (EXHISIT 2 of this attachment) must be
completed and returned to the Alliance with the signed contract.
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 OM B
Circular A-133, as revised.
1, In the event that the recipient ex pends $300,000 or m ore in Federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the prov is ions 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 ex pended should be in accordance with the guidelines established by
OMS Circular A-133, as rev ised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions OMS Circular A-133, as rev ised, will meet the requirements of this part,
2. In connection with the audit requirem ents addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as prov ided in Subpart C of OMS Circular A-133, as rev ised.
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 rev ised, is not required, In the event that the recipient ex pends 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 rev ised, the cost of the audit must be paid from non-Federal funds (Le., the
cost of such an audit must be paid from recipient resources obtained f rom other than Federal entities),
4, Information regarding audit requirements contained in OMB Circular A-133 and 215.97, Florida Statutes
(F. S.), can be obtained from the following web-sites: http://www.whitehouse.gov/omb/circulars/ and
http://www.leg.state.fl.us/.
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 ex pends a total am ount of State awards (i,e., State financial assistance prov ided to
the recipient to carry out a State project) equal to or in ex cess of $300,000 in any fiscal year of such recipient, the
recipient must have a State single or project-specif ic audit for such fiscal year in accordance with Section 215,97,
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07/01/2002 Agreement No. PA 329
Florida Statutes; applicable rules of the Executive Office of the Governor and the Com ptroller, and Chapter 10.600,
Rules of the Auditor General. State grants and aids am ounts 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, other state agencies, and other non-state entities ex cept that State awards received by
a non-state entity for Federal program matching requirements shall be excluded from consideration.
2. In connection with the audit requirem ents addressed in Part II, paragraph 2, the recipient shall ensure that the audit
complies with the requirem ents of Section 215.97, Florida Statutes, This includes subm ission of a reporting
package as defined by Section 215.97, Florida Statutes, and Chapter 10,550 (local gov ernmnetal entities) or
10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, to include an auditor's ex amination
attestation report, management assertion report (alternatively, management's assertion may be included in the
management representation letter), and a schedule of State financial assistance. The departm ent additionally
requires a supplemental schedule of functional expenses be prepared, by service, as defined by the department,
including units of service delivered. This supplem ental schedule shall be prepared using the sam e methodology as
used in determ ining the contractual rates,
The auditor's examination attestation report must indicate whether management's assertion as to com pliance with
the following requirem ents is fairly stated, in all material respects: a~tiv ities allowed or unallowed; allowable
costs/cost principles; matching (if applicable), and; reporting.
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 ex pends less than
$300,000 in State awards in its"f iscal year and elects to have an audit conducted in accordance with the prov isions
of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an
audit must be paid from the recipient's resources obtained f rom other than State entities).
4, If an audit is not required or perf ormed, the head of the recipient entity or organization must provide a written
attestation, under penalty of perjury, that the recipient has com plied with the allowable cost prov isions (congruent
with the departm ent's Client Serv ices Manual, the Com ptroller's Voucher Processing Handbook, and OMB Circular
A-122 or A-87, if applicable). EXHIBIT 1 to this attachm ent provides an example attestation docum ent that should
be used by the agency head or authoriz ed signatory for contracts to attest to com pliance with these prov isions.
PART JII: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 0 MB Circular A-133, as rev ised, 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 45 day s of receipt of the report but
no later than nine (9) months of recipient's fiscal year end:
A. The Alliance for Aging, Inc., at the following address
Attn.: Pedro Jove, Director of Administration
9500 South Dadeland Boulevard, Suite 400
Miami, FL 33156
B. The Federal Audit Clearinghouse designated in 0 MB Circular A-133, as rev ised (the number of copies
required by Sections .320 (d)(1) and (2), 0 MB Circular A-133, as rev ised, should be subm itted to the
Federal Audit Clearii~ghouse), 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 (f ), OMB
Circular A-133, as rev ised,
?~
07/01/2002 Agreement No. PA 329
2. The recipient shall subm it a copy of the reporting package described in Section .320 (c), 0 MB Circular A-133, as
revised, and any management letters issued by the auditor, to the Alliance at the following address within 45 day s
of receipt of the report but no later than nine (9) months of recipient's fiscal year end:
Alliance for Aging, Inc.
Attn: Pedro Jove, Director of Administration
9500 South Dadeland Boulevard, Suite 400
Miami, FL 33156
3. Copies of audits and reporting pack ages required by PART II of this attachment shall be subm itted by or on behalf
of the recipient directly to each of the following within 45 day s of receipt of the report but no later than nine (9)
months of recipient's fiscal year end:
A. The Alliance for Aging, Inc. at the following address:
,~, Alliance for Aging, Inc,
Attention: Pedro Jove, Director of Administration
9500 South Dadeland Boulevard, Suite 400
Miami, Florida 33156
B. 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 subm itted to the Alliance pursuant to this
attachment shall be subm itted timely in accordance with 0 MB Circular A-133, 215,97 Florida Statutes, and
Chapters 10,550 (local governmental entities) or 10,650 (nonprof it and for-profit organizations), Rules of the Auditor
General, as applicable and should indicate the date that the reporting pack age was delivered to the recipient in
correspondence accom panying the package,
5. Recipients, when subm itting the above referenced audit reports to the Alliance, should indicate the date that the
audit report was delivered to the recipient in correspondence accom panying the audit report.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this attachment for a minimum period
of five (5) years from the date the audit report is issued or longer if requested by the Alliance in writing, and shall allow the
Alliance, the Department of Elder Affairs or its authorized designee and the Comptroller or Auditor General access to such
records upon request. The recipient shall ensure that audit working papers are made available to the Alliance, the Departm ent
of Elder Affairs or its designee, and the Com ptroller or Auditor General upon request, for a minimum period of five (5) years
from the date the audit report is issued, or longer if requested in writing by the department.
PART V: SPECIFIC REQUIREM ENTS OF DEPARTMENT ADMINISTERED PROGRAMS
Interest earned on general revenue funds must be returned to the department. Interest earned on federal funds may be used
to expand, improve, or sustain the program from which it is generated. A chart is included in all contracts identifying the funding
source(s), program titles, applicable CF DA or CSFA numbers and the amount of funds granted.
Specific requirements for match, co-payments, and program income applicable to programs administered by the department
are outlined in the following applicability chart, Brief definitions of terms used in the chart are included,
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07/01/2002
Agreement No. PA 329
Attachment III
EXHIBIT - 1
MANAGEMENT ATTESTATION LETTER
Contract or Agreement Number:
I,
(recipient's authorized representative)
, hereby attest under penalty of perjury
that
, based on the criteria
(recipient agency name)
set forth in the Audit Attachment, PARTS I and II, that:
A. The above named recipient agency is not required to provide an audit report or reporting package because [check
applicable statement(s)]:
D
the above-named entity does not expend $300,000 or more in total federal awards in its fiscal year and
therefore is not required to have a single or program-specific audit performed in accordance in OMB Circular
A- 133, as revised, and/or;
the above-named entity does not expend a total amount equal to or in excess of $300,000 in state awards in
q its fiscal year and therefore is not required to have a State single or program-specific audit in accordance with
section 215.97, Florida Statutes.
B. he recipient has complied with the allowable cost provisions [congruent with State and Federal law, the
Department of Elder Affairs' Client Services Manual, the Comptroller's Voucher Processing Handbook, and Office
of Management and Budget (OM B) Circular A-122, A-11 0, or A-87, whichever is applicable].
By making this statement the recipient has considered not only funding or awards from the department, but all sources of
Federal and State funding or awards.
Fiscal year ended
(Month, day, year)
(Signature)
(Title)
(Date)
27
07/01/2002
Agreement No. PA 329
Attachment III
Exhibit - 2
Oath of Not for Profit Status
Contract or Agreement Number: PA 329
As an al!th9rized representative for the Recipient identified herein, and in the above referenced
document(s), I do hereby swear under oath that this entity is currently a "not for profit"(non-profit)
organization as defined in section 501 (c)(3)of the Internal Revenue Code. If this non-profit status changes
for any reason during the life of the above referenced contract or agreement, the Alliance for Aging will be
notified in writing immediately.
Name of Recipient entity
Signature of Authorized Representative
Printed name and Title of Authorized Representative
Date of Oath
28
07/01/2002
Agreement No. PA 329
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE ATTACHMENT IV
FOR CONTRACTS, GRANTS, LOANS AND
COOP ERA TIVE AGREEMENTS
Federal Grants Management regulations and the Florida Single Audit Act require financial management systems for
recipients of state and federal funds to be capable of providing certain information, assuring accuracy and accountability,
in accordance with prescribed reporting requirements, These reporting requirements may require certain calculations or
the provision of specified data to fully disclose the financial results of each federally funded or state-sponsored program.
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 recipient named in the contract or agreement to which this form is
an attachment, hereby certifies that:
(1) The recipient and any sub-recipients 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 recipient, sub-recipient(s), or any outside entity on which the
recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified
to be capable of processing data accurately, including year-date dependent data. For those systems identified to
be non-compliant, recipient(s) will take immediate action to assure data integrity.
(3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the
undersigned warrants that these products are capable of processing year-date dependent data accurately. All
versions of these products offered by the recipient (represented by the undersigned) and purchased by the State
will be verified for accuracy and integrity of data prior to transfer.
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 properly, the recipient 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 recipient and any sub-recipient(s) of services under this contract warrant their policies and procedures include .t"
a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising
from data integrity compliance issues.
The recipient 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 (DMS) Memorandum NO.6 (98-99) and OMB Circulars A-1 02 and A-11 O.
Monroe County Board of Commissioners, Gato Building, 1100 Simonton Street. Key West. Florida 33040
Name and Address of Recipient
Signature
Title
Date
Name of Authorized Signer
(Revised July 2001)
BY
Dt>.TE
07/01/2002
Agreement No. PA 329
ATTACHMENT V
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
prlgf 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.
6) 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.
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0'7/01/2002
Agreement No. PA 329
. 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;
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 review 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.
31
.. \ - '"'
0.7/01/2002
September, 2001
Department of Elder Affairs Logos
STATE OF FLORIDA
~
--- --
ELDER AFFAIRS
DEPARTMENT OF
~~~~A
ELDEirAFFAiiiS
32
Agreement No. PA 329
Attachment VI
; . ..
07/01/2002
December 200 i
Alliance for Aging, Inc. Logo
m
ala
W
A lliance for Aging, Inc.
Answers on Aging.
33
Agreement No. PA 329
Attachment VII