Resolution 190-1986
Louis LaTorre, Executive Director
Monroe County Social Services
Gwen Rodriguez, Project Director
Monroe County In-Home Services
RESOLUTION NO. 190-1986
A RESOLUTION OF THE BOARD OF COUNTY COMl-HS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CHAIRMAN OF SAID
BOARD TO EXECUTE A CONTRACT BY AND BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES AND THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS CONCERNING
COMMUNITY CARE FOR DISABLED ADULTS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby approves and
authorizes the Mayor and Chairman of the Board to execute a
Contract by and between the State of Florida Department of Health
and Rehabilitative Services and the Monroe County Board of County
Commissioners concerning community Care for Disabled Adults.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of June, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
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OTHER GOVERNMENTAL AGENCIES
GENERAL REVENUE / FEDERAL FUNDS
CONTRACT BETWEEN
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
AND
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MONROE COUNTY BOARD OF COUNTY COMMTSSTONF.RC:
THIS CONTRACT is entered into between the State of Florida, Department of Health and Rehabilitative
Services, hereinafter referred to as the "department", and MONROE COUNTY BOARD OF COUNTY
COM.c"1ISSIONERSjMONROE COUNTY IN-HOME SERVICES , hereinafter referred to as the "provider",
COMMUNITY CARE FOR DISABLED ADULTS-CCDA
The parties agree:
I. The Provider Agrees:
A. To provide services according to the conditions specified in Attachment I
B. Federal and State Laws and Regulations
1. If this contract contains federal funds, the provider shall comp'Y with the provisions of 45 CFR,
Part 74, and other applicable regulations if specified in Attachment .
2. If this contract contains federal funds and is over $100,000, the provider shall comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 USC 1857
et seq.) and the Water Pollution Control Act as amended (33 USC 1368 et seq.).
C. Audits and Records
1. To maintain books, records and documents in accordance with accounting procedures and
practices which sufficiently and properly reflect all expenditures of funds provided by the department
under this contract.
2. To assure that these records shall be subject at all times to inspection, review, or audit by
state personnel and other personnel duly authorized by the department, as well as by federal personnel.
3. To maintain and file with the department such progress, fiscal, inventory and other
reports as the department. may require within the period of this contract.
4. To include these aforementioned audit and record-keeping requirements in all approved
subcontracts and assignments.
5. To allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, F.S., and made or received by the provider in conjunction with this con-
tract. It is expressly understood that substantial evidence of the provider's refusal to comply with
this provision shall constitute a breach of contract.
D. Retention of Records
1. To retain all financial records, supporting documents, statistical records, and any other
documents pertinent to this contract for a periOd of five (5) years after termination of this contract, or
if an audit has been initiated and audit findings have not been resolved at the end of five (5) years,
the records shall be retained until resolution of the audit findings.
2. Persons duly authorized by the department, and federal auditors, pursuant to 45 CFR,
Part 74,24(a), (b), and (d), shall have full access to, and the right to examine any of said records and
documents during said retention period.
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Rev1~ed E. Monitoring I
1. To provide progress reports, including data reporting requirements as specified in
Attachment I . These reports will be used for monitoring progress or performance of the con-
tractual services as specified in Attachment I.
2. To provide access to, or to furnish whatever information is necessary to effect this
monitoring.
3. To permit the department to monitor the aforementioned service program operated by
the provider or subcontractor or asignee according to applicable regulations of the state and federal
governments. Said monitoring will include access to all client records.
F. Insurance
If the provider is a county or municipality, the provider shall furnish the department written
verification of liability coverage in accordance with Section 768.28, F.S.
G. Safeguarding Information
The provider shall not use or disclose any information concerning a recipient of services
under this contract for any purpose not in conformity with the state regulations and federal regula-
tions (45 CFR, Part 205.50), except upon written consent of the recipient, or his responsible parent or
guardian when authorized by law.
H. Client Information
The provider shall submit to the department as specified in Attachment I manage-
ment and program data, including client identifiable data, for inclusion in the HRS Client Informa-
tion System.
I. Assignments and Subcontracts
The provider shall neither assign the responsibility of this contract to another party nor sub-
contract for any of the work contemplated under this contract without prior written approval of the
department. No such approval by the department of any assignment or subcontract shall be deem-
ed in any event or in any manner to provide for the incurrence of any obligation of the department in
addition to the total dollar amount agreed upon in this contract. All such assianments or subcon-
tracts shall be subject to the conditions of this contract and to any conditions of approval that
the department shall deem necessary.
J. Financial Reports
To provide financial reports to the department as specified in Attachment I
K. Return of Funds
The provider agrees to return to the department any overpayments due to unearned funds or
funds disallowed pursuant to the terms of this contract that were ,disbursed to the provider by the
department. Such funds shall be considered department funds and shall be refunded to the depart-
ment. The refund shall be due within 45 days following the end of the contract or at the time
the overpayment is discovered unless otherwise authorized by the department in writing and attach-
ed to this contract.
L Unusual Incident Reporting
If services to clients will be provided under this contract, the provider and any subcontrac-
tors shall report to the department unusual incidents in a manner prescribed in HRSR 0-10-1.
M. Transportation Disadvantaged
If clients will be transported under this contract, the provider will subcontract with the
designated Community Coordinated Transportation Provider, or otherwise comply with the provi-
sions of Chapter 427, Florida Statutes. The provider shall submit to the department the reports re-
quired pursuant to Volume 10, HRS Accounting Procedures Manual.
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N. Civil Rlgt1
:iflcation
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 progra"ms or activities receiving or benefiting from Federal
financial assistance.
The provider assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which pro-
hibits discrimination on the basis of race, color, or national origin in programs and activities receiv-
ing or benefiting from Federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits
discrimination on the basis of handicap in programs and activities receiving or benefiting from
Federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which
prohibits discrimination on the basis of sex in education programs and activities receiving or
benefiting from Federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits
discrimination on the basis of age in programs or activities receiving or benefiting from Federal
financial assistance.
5. The Omnibus Budget Reconciliation Act of 1981, P,L. 97-35, which prohibits discrimina-
tion on the basis of sex and religion in programs and activities receiving or benefiting from Federal
financial assistance.
6. All regulations, guidelines, and standards lawfully adopted under the above statutes.
The pro\tider agrees that compliance with this assurance constitutes a condition of con-
tinued receipt of or benefit from Federal financial assistance, and that it is binding upon the pro-
vider, its successors, transferee, and assignees for the period during which such assistance is pro-
vided. The provider further assures that all contractors, subcontractors, subgrantees or others with
whom it arranges to provide services or benefits toparticipants 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 provider understands that the Grantor may, at its discretion, seek a court order requiring
compliance with the terms of this assurance or seek other appropriate judicial or administrative
relief, to include assistance being terminated and further assistance being denied.
II. The Department Agrees:
A. Contract Amount
To pay for contracted services according to the conditions of Attachment I in an
amount not exceed $ 48,500.00 , subject to the availability of funds. The State of Florida's perfor-
mance and obligation to pay under this contract is contingent upon an annual appropriation by the
Legislature.
B. Contract Payments
Pursuant to section 215.422, F,S., on receipt of an invoice and receipt, inspection, and ap.,
proval of the goods or services, the department shall file the invoice with the Comptroller within 15
days, If the payment of the invoice is not mailed by the department to the vendor within 45 days after
receipt of the invoice and receipt, inspection, and approval of the goods and services, the depart-
ment will pay the vendor, in addition to the amount of the invoice, interest at a rate of 1 percent per
month or portion thereof on the unpaid balance from the expiration of such 45 day period until such
time as the warrant is mailed to the vendor. Exceptional circumstances as defined in section
215.422(2), F,S., may permit the deadline for payment to be revised.
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7/1/86
III. The Provider ,and Department Mutually Agree:
A. Effective Date
1. This contract shall 'begin on JULY 1,1986
date on which the contract has been signed by both parties, whichever is later.
or the.
2. This contract shall end gn
JUNE 30. 1987
B. Termination
1. Termination at Will
This contract may be terminated by either party upon no less than thirty (30) days notice,
without cause. Said notice shall be delivered by certified mail, return receipt requested, or in person
with proof of delivery.
~. Termination Because of Lack of Funds
In the event funds to finance this contract become unavailable, the department may ter-
minate the contract upon no less than twenty.four (24) hours notice in writing to the provider. Said
notice shall be delivered by certified mail, return receipt requested, or in person with proof of
delivery. The department shall be the final authority as to the av~i1ability of funds.
3. Termination for Breach
Unless the provider's breach is waived by the department in writing, the department may,
by written notice to the provider, terminate this contract upon no less than twenty.four (24) hours
notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery. If applicable, the department may employ the default provisions in Chapter 13A-1,
Florida Administrative Code. Waiver of breach of any provision of this contract shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the department's right to remedies at law or to damages.
C. Notice and Contact
The contract manager for the department for this contract is CONCEPCION LOPE?
The representative of the provider responsible for the administration of the program under
this contract is LOUIS LA TORRE, EXECUTIVE DIRECTOR .
In the event that different representatives are designated by either party after execution of this con-
tract, n9tice of the name and address of the new representative will be rendered in writing to the
other party and said notification attached to originals of this contract.
D. Renegotiation or Modification
1. Modifications of provisions of this contract shall only be valid when they have been
reduced to writing and duly signed. The parties agree to renegotiate this contract if federal and/or
state revisions of any applicable laws, or regulations make changes in this contract necessary.
2. If this contract contains a fixed-price method of payment section, and the rate of pay.
ment is determined through the appropriations process, then this contract may be amended to
reflect the new rate established through the appropriations process retroactive to the' effective date
of this contract.
3. If the contract contains either a cost-reimbursement or a fixed-price method of payment,
the rate of payment and the total dollar amount may be adjusted prospectively to reflect price-level
increases determined through the appropriations process and subsequently identified in the depart-
ment's operating budget.
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E. Name and ,Add"'''' o. 'Iyee
The name ano address of the official payee to whom the payment Shall DV made:
MAYOR W!LHE~!N~ H~R\TY
MONROE COUNTY BO~RD OF COUNTY COK~ISSIONERS
P.O. BOX 1680 KEY h~ST, FLORIDA 33040
F. All T.rm. and Condition. Included
this contract and Its attachments as referenced, (ATT~ I: A TTACHHENT I I :
EXHIBIT I. ),
contain I",the terms and conditions agreed upon by the panles.
IN WITNESS THEREOF, the panles ,hereto have caused. this ?() t; page contract to be
.xecuted by their undersigned officials as duly authorized.
PROVIDER
STATE OF FLORIDA DEPARTMENT OF
HEALTH AND
REHABILITATIVE SERVICES
SIGNED BY'
SIG~D BY'
NAME:
WILHEMINA HARVEY
NAME:
LINDA S. BERKOWITZ
TITLE;
MAYOR
TITLE:
DISTRICT ADMINISTRATOR
DATE:
6/20/86
DATE:
FEDERAL ID NUMBER:
F-S96000749013
APPROVED AS TO FORM
ANZL SUFFlCIENC'I.
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HGING Alm l\DULT SERVICES
COBHUNITY CARE FOR
DISABLED ADULTS
COST R~I~3URSEMENT
J(G7 ~ 13
l\TTACBJ1El;T I
A. Services to be Renaered
1. See attached Program Proposal (Exhibit 1, incorporated
herein by reference).
B. Manner of Service Provision
1. See attached Program Proposal (Exhibit 1, incorporated
herein by reference).
2. In addition to the attached Program Proposal, the fol-
lowing will also be required:
a. The prov ider \vill maintain a, cur rent record on
each individual in the program including: current documentation
'of eligibility for the provision of services, identifying infor-
mation about the recipient ana established need to receive the
s en' ice, s e r vi c e del i v e r l' d ate, an d allot her for !:IS 0 r r e cor d s
necessary for program opef.9tion and reporting as determined by
the department. -
b. The Provider will maintain those facilities in
which the servicds are provided, so that at all times the facil-
ities are in conformance to the standards required by local fire
and health authorities, or State requirements, whichever is more
stringent.
c. The Provider will maintain sufficient staff,
facilities, and equipment to deliver the agreed-upon services or
to notify the department whenever they. are unable or will be
unable to provide the required quality or quantity of services.
c. ~ethod of Payment
1. Subject to the avc:ilability of funds, tbe department
is identifying no more than a total GenerE!l R'evcnue dollar
amount of $~~,50D.OO for exp~nditures made in accordance
with budget att2cl1cd hereto (Exhibit 1). The dep~rtment shall
make payment to the Provider on the basis of mon~hly requests
fo r ?Clymen ts and Hepor t of Recl2 ipts end Expend i t u res submitted
to the Aging and Adult Services Contract Manager identified in
this contract.
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2. All requests for payment will be made using fiRS Form
578, Request for Puyment/Refund-Deficit Notice. Request for
Payment using HRS Form 578 ,will be made on the basis of net
expenditures identified on HRS Form 577, Report of Receipts and
Expenditures. Each request for payment will be accompanied with
a completed HRS Form 577. Documentation to support reported ex-
penditures identified on HRS Form 577 must be submitted with the
Request for Payment and Report of Receipts and Expenditures.
One original of both HRS Forms 577 and 578 must be submitted
with additional copies of both and acco~p~nying documentation as
required by the District Office of Grants Management.
3. No extraordinary cash provision, as identified on ERS
Form 578, is available for the Provider.
4. Any payment due the Provider under the terns of this
contract may be withheld pending the receipt and approval by the
Department of all financial and, program reports due from the
Provider as a part of this contract and any adjustments thereto.
5. The Provider must submit any final request for payment
to the department no more than sixty (60) days after the con-
tract ends or is terminated; if the Provider fails to do so, all
rights to payment are forfeited and the department will not
honor' any requests submitted after the aforesaid agreed upon
time period. _
6. A final expenditure report will be made by 'the Pro:-
vider to the department within seventy-five (75) days after the
contract ends or'is terminated.
D. Match
. The Provider's contribution will be made in the form of
cash and/or in-kind resources equaling at least ten percent
(lO%) of the actual net cost for a total match amount of
$ 5 ?:d~ ~. 3 q__ to be received dur ing the contract pe r iod. The
pr6vider contribution referred to as total match must be
received by the Provider such that by the end of the sixth month
of the contract, total match received Dust be in proportion to
General Revenue funds expended. If match is not proportional to
contract funas experlc1ecJ, the Provider nust provide to the P.ging
and llcult Services contr2:.ct 1ri2r.c.:ger a \-.'ritten explanation indi-
cating the circumst,.lnces for the unde;[J:;atch.I3y the end of the
contract period all contract funds must be appropriately matched
to e;qual the amount required in this co~tract.
E. Special Provisions
1.
State La\..'s <-end }~e('t:l(:tLc;);:
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tl)(~ Floricla statutes, Ck.:ptcr 1.09, Chapter 410 anc1 : ,.,.;tion 20.19
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b. The Provider, if offering Adult Day Care services
shall be licensed, unless otherwise exempted, under Chapter 400,
Part IV, Florida Statutes. The Provider wil"l comply \...ith all.
applicable standards, criteria, manuals and guidelines of the
,Aging and Adult Services ~r09ram and any other applicable
manuals, guidelines or criteria established by the departmenl.
2. Audits
a. Audits shall be performed and must be submitted
to the department no later than one hundred eighty (180) days
following the end of the Sta~e's ~iscal year, or
b . An au d i tis 'd u e on e h un d red e i g h t Y ( 1 80 )
following the end of the Provider's fiscal year when
Provider's fiscal year differs from the State's fiscal year.
c. A financial audit must be conducted annually by a
certified public accountant.'. The audit will include a
management letter that contains comments on internal control.
days
the
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3. Reportinq Reauirernents
a. The Provider agrees to submit to the department
an accu rate serv ice output report, HRS-AA Form 2004, .....i thin
forty,-five (45) calendar days after the ending date of the
contract period.
b. A . complete and accu rate ERS Form' 20 C 6, Se rv ice'
Cost Report must be submitted to the state Program Office
through the District Program Office of Aging and Adult Services
as follows:
o within 45 calendar days of December 31
o within 75 calendar days of June 30
4. Suspension
a. The department may, for reasonable cause, tempor-
arily suspend the use of funds by a Provider pending corrective
action, or pending a decision to terminate the award.
,
b. The department may prohibit the Provider from
incurring additional obligations 'of funcJs. The suspension may
apply to only part, or all of the Provider's operation.
c. To suspend opcrations of the Provider, the
department will notify the Provider in writing by Certified Mail
of: the action to be takeni the reason (5) for such ac'tioni and
the conditions of tbc suspcnsion. The notification will also:
indicclte what corrcctive action(s) are neccssary to remove the
s us p (: n s ion; 'r' i 11 incH cat c t h cPr 0 v ide r I sri 9 h t t 0 a he a r i n 9 ; and
a bearing before the effective elate of the suspension (unless
Provider I s actions ,",.arrilnt .::\n irllr:lC:cJiatc suspension).
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5. Grievance and Fair Hearing Procedures
II>
The Provider will utilize the department's fair
hearing system outlined in HRS Manual 195-1, Chapter 4, through
which clients may present a request for a fair hearing.
6. ~
No fees shall be ~mposed other than those 'set by the
department. Fees collected in compliance with ,Departmental
directives ",'ill be disposed of in a manner prescr ibed 'by the
department.
7.- Copvriaht Clause
All copyrightable mater ial developed dur in9 the
performance of this contract, and all inventions conceived or
first actually reduced to practice in the course of this con-
tract by the Provider or their subcontractors, shall be subject
to claims and/or rights by the depart~ent as specified herein.
The department shall have unlimiteo rights to all books,
articles, or other copyrightable materials developed in the
- performance of this contract, sa'idunlimited rights including
the rights of royalty-free, non-exclusive and irrevocable
license to reproduce, 'publish, or otherwise use, and to
author ize others to use th,g~ vJork for publ ic purposes.
Any royalties received during this contract period or
during any periods of contract renewal from copyrights ot
patents subject to the department's claim, shall be reported to
the department and shall not be expended wi thout t~e pr ior
review and approval by the department. Any royalties received
after the final termination of the Contract between the depart-
ment and the Provider or remaining unexpended at the final
te~mination of the contract, shall be treated as shared
proceeds, and the Provider shall pay annually thereafter to the
department a percentage of the total su~s on hand and received
dur in9 the year equal to the percentage of the department's
matching rates, inclusive of ,my General Revenue funds, under
the terms of tbe contract in force when said mater ials we're
originally aeveloped.
8. Non-Exoend2ble Property-
a. Non-expendable property is property which costs
$100.00 or more per unit and whose life is expected to be one or
more years. This definition also includes hard back covered
bound books, the value or cost of which is $25.00 or more.
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b. All such property shall be listed on the property
record by description, manufacturer's mod~l number, serial
number, date of acquisition and unit cost. Such property shall
be inventoried annually ancl an inventory report shall be sub-
mitted to the departn'ent annually with updates as property is
obt ained. Dispos it ion' of non-expenoabl e property shall be in
conformance with HRSM 80-1, Property Management and Control
System.
9. Travel
a. Chapter 287.058(1) (b), Florida Statutes requires
bills for any travel expenses shall be submitted and paid in
accordance with the rates specified in Section 112.061. Florida
Statutes governing payments by the State for travel expenses and
HRS 40-1, (Official Travel for RRS Employees and Non-Employees).
b. Travel expenses may be reimbursed in an amount
not to exceed the maximum amount established by HRSR 40-1.
c. Receipts for car rental, other ground transpor-
tation, and air transportation are required for reimbursement.
d~ An BRS Travel form (HRS Form C676) must be used
by the Provider.
10. Client Selection Prioritv Clause
If a client has been identified by staff of Aging and
Adult Services, to be a victim of abuse, neglect, or exploita-
tion and their "at-risk" status could be lessened with the
provision of CCDA service, then such 'client will receive the
highest priority for the provision of service need to ameliorate
their "at-risk" status.
11. Bondinq
The Provider agrees to furnish an insurance bond from
a 'respons ible commerciul su rety company cove ring all off ices,
employees and agents of the Provider authorized to handle funds
received or d isbu rsed unoe r th 1 s con tract in an amount
commensurate '"lith the funds h2.ndlec, the deoree of risk as
determined by the surety cornpa~y and consi~tent with good
business practices.
12. Client Information
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The Provider agrees to submit to the department
rnanagcmen t and pr 09 ram c1 2Jt<:1 incl u (1 in9 ,c 1 i en t ic3en t if i abl e data
in uccorUl1nce \lith Par"phlet 50-10.
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AT'I'~~"1' 11
Financial and Compliance ~u~its
The provider agrees to have an annual financial and
compliance audit per~ormed, by independent auditors in
accordance with Standards for ~udit of Governmental
Oroanizations, Proorams. ~ctivities, anti Functions developed
by the Comptroller General of the United States, dated
February 27, 19S1 (also referred to as the "yello"'" book" and
generally accepted 90vernmental auditing standards). State
and local 90vernments shall comply with Office of Management
and Budoet COMB) Circular ~-12S, "Audits of State and Local
Governments" dated April 15, 19S5. Universities, hospitals
and other nonprofit providers shall comply with OMB Circular
~-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organi:ations".
Such audits shall cover the entire organization for the
organization's fiscal year.
Sections 5.f., 6., 7., S., 12., 13., 14. and 15. of or-rn
Circular A-128 shall apply to all audits. The provider
shall assure that audit workpapers and reports are retained
for a minimum of three years from the date of the audit
report, unless the auditor is notified in writing by the
department to extend the retention periOd. The provider
,shall also ensure that audit w~rkpapers are made available
upon request to the department ~r its designee.
The scope of Standards fo~ ^udit of Governmental
Oroanization~7 Procra~s, ~ct:vltles, ant fUnCtlons (the
"yellow book") includes (1) financial and compliance, (2)
economy and efficiency and (3) program results. For
purposes of this attachment, the scope of audits performed
should include only financial and compliance.
Contracts containing federal funds shall be audited for
fiscal years beginning After June 30, 19S5. For example,
the first audit required by this Attachment for contracts
ending June 30, 1986 is for the period July 1, 1985 through
June 30, 1986. All contracts beginning A~ter June 30, 1986,
whether containing federal funds or not, shall be Audited in
accordance with these provisicns.
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^ copy of the audit report must be submitted to the Office
or ^udit and Quality Control Services, Audit Ad~inistrator,
1317 Winewood Boulevard, Tallahassee, Florida 32301 within
120 days after the end of the provider's fiscal year unless
otherwise required by Florida statutes. If a management
letter or any other reports or correspondence relating to
the audit findings or reco~endations are issued in
connection with the audit, copies must accompany the audit
report.
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