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Resolution 251-1987 ., Louis LaTorre, Director Social Services Department RESOLUTION NO. 251 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT KG-706 BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY CONCERNING MONROE COUNTY IN-HOME SERVICES - HOME DELIVERED MEALS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves and authorizes the Mayor to execute Contract KG-706 by and between the State of Florida Department of Health and Rehabilitative Services and the Board of County Commissioners of Monroe County, a copy of same being attached hereto, concerning Monroe County In-Home Services - Home Delivered Meals. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the22nd day of June, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNX L. KOLHAGE, Clerk f }1 {2L.~. f)~ LERK / __"""'_"'~'U__'_'_'''''"'<''_'''' "'._ "'d"" ...........ty -; 41':S7 .;~ [1lL~] Contr< -. ., K~ 706 STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OTHER GOVERNMENTAL AGENCIES CONTRACT ..... 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 Commissioners/Monroe Count In-Home Services.- Home Delivered Meals . nereinafter referred to as the "provider." The parties agree: I. The Provider Agrees: .,~ A. To provide services according to the conditions specified in Attachment I 8. Federal and State Laws and Regulations 1. If this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and other applicable regulations if specifi~d in Attachment T 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 property reflect all expenditures of funds provided by the department under this contract. ' , "', ''', / ''Pl;t'-, ..>rt1t.1"l~ ~tt t'1t'f""""'~~"~''''tt'm~~-.~t.'I1"': '."~'f"',~-;,f"'iIi 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 tile 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 halie 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. I - -- -- - - --~- ---- :1JE7 E. Monitorin~ 1, To provide progress reports, including data reporting requirements as specified'~:'\ Attacnment I, Tnese reports will be used for monitoring progress or performance of the con- tractual services as specified in Attachment T -.. 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 assignments or subcon- tracts shall be subject to the conditions of this contract and to any c~nditions of approval that the department shall deem necessary. J. Financial Reports To provide financial reports to the department as specified in Attachment T 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 41) days following the end of the contract or at the time the overpayment is discovered unless otherwise autt:lorized 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 ina manner prescribed in HRSR 0-10-1. 2 :jf M. 'Transportation Disad 'led . ,. \.. 't'clients will be transported under this contract, the provider will subcontract with the designated Community Coordinated Transportation Provider, in accordance with the local Memorandum of Agreement, or otherwise comply with the provisions of Chapter 427, Florida Statutes. The provider shall submit to the department the reports required pursuant to Volume 10, HRS Accounting Procedures Manual. N. Civil Rights Certification ..... ~, ,:: ~ @~, ~. f, ~ .:: ~~:l ~ "" >:- ., ~. ?? ". !'! ~ The provider gives this assurance in consideration of and for the purpose of Obtaining Federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other Federal financial assistance to programs or activities receiving or benefiting from Federal financial assistance. , 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. ., r ," f. ;. lie l""": t' :: F 11 :.. " i i: ., J;' ~ I t t " .. l r j f r 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. ' , 6. All regulations, guidelines, and standards lawfully adopted under the above statutes. The proVider 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, transfere,e, 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 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 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. Ij'.f~ .- ~, t r. t f: !c t II. The Department Agrees: - A. Contract Amount 'j To pay for contracted services according to the conditions of Attachment T in an amount not to exceed $ 11,546.75 , subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an an- nual appropriation by the Legislature. p~ , 3 I J \ ) . " l I I I t I :\ i I I i 'I , < '" 1 1 '~ i .. .~ ~ '1 1 i ~; ~ ~ t ,'j 1 '4 '~ :; ~ ..f /~ ~j ,~ 1 :~ .~ ~ 1 z ~~ 1 ~~ ,) .~~ :. _1 ':1 '~ ',~ 'i:I Mt ..:j e, Contract Payments . " --. . Pursuant to section 215.422, F.S., on receipt of an invoice and receipt, inspection, and ape oroval of the goods or services, the department shall file the invoice with the Co~pt~oller within 15 aavs, 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 a~ 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. Ill. The Provider and Department Mutually Agree: A. Effective Date 1. This contract shall begin on Ju1v 1, 1987 date on which the contract has been signed by both parties, whichever is later. June 30, 1988 or the 2. This contract shall end on e. 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. 2. 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 availability 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 name and address of the contract manager for the department for this contract is Concepcion Lopez 4nl N W ?nn AVPnllP, Mi;:!mi, Florin;:! 11l2R The representative pf the provider resQ.onsible tor the administration of the program under this contract is Lou~s La Torre, Execut~ve D~rector.. . In the event that different representatives are designated by either party after execution of this con- tract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 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. 4 :. :~ t~l~ CC:1tr, :ta,"s a flxeo.pnce method of payment seetion:am.'..-'.-~iieQiia;:.:;-=-:-'-., . ~;c:-:: .:~ determtnec tnrougn, tne appropriations process,Jhenuthis eoruract may ~ .lnended"1G~-:,::.:":::=."~~'- '=~!ec~ tr1~ .nf'w rat~ esta~lishec through the.aOpr.opriationsproeessretroa::tiveioJhe effectrvedate::::~..::-.:::~Z:.:"~:-~::'" .:-.~ !!:ir cc~!ra.::. - ".-.. -- -.- -~--- -- -:a'.h'~_~___-'::"_.~~-=;":-=~_~~_=~___:'=::===:_:::::,::::~.:=-_:__,":'''::-_:::'_~_.:-:-:..- --"._."'. _~_,.o- _.,~ " --~ . v' I~ tOf: comra.:: contains. either a cost.reim~ursement or a fixed-price method of payment.- :",5 rate of Dayment and the total dollar amount may be adjusted prospectively to reflect price-level ;r;creases aelermined through the appropriations process and sUDsequently identified in the depart- r71enfs c;Jeratif\~ budget. ~ Name and Address of Payee The name and address of the official payee to whom the payment shall be mace: Monroe County Board of County Ccmn:i.ssioners P.O. Box 1680, Key West, Florida 33040 F. All Terms and Conditions Included .. This contract and Its attachments as referenced, ( Attachment I; Attachment II: Exhibit I). . . ), contain all the terms and conditions agreed upon by the parties. "-~'--~"--"-" ..._--_.~-_...._- -'--- ,.,_.,,-. .-. : -" ._~..'--- ,,~ v' -- - '- :-, ~JN-WITNESS_THEREOF..,~the parties_ hereto~ have~.caused, this, ,~..: exe~uted by,tl}eir undersigf.led..offici~s as 'duly~authorized.-' -'---..'...;~':~-~ ~'-_-: --::-::......:".-=-.._~-::-..:- , .. Rage contract to be -.-._ - -, ..- :',--- -,"---:: _._.;----:'.,----~~-.-.":- -.-'.,..--'- - - -- -- . - -- or ". -.- - '. . STATE OF FLORIDA DEPARTMENT OF , HEALTH ANO'_>;,:,>,;".;-:-_:':':";::i~~~,if';';_ .'~ ,',,- . .:- PROVIDER_._;~_~_,._,_-'u~:, __ '. "_~':~...,~.:-'.:;:;_~,~HABIL}:rA.T!~ ~ERVICES.' ' SIGNED BY: SIGNED BY' NAME: Jeny Hernandez Jr. NAM E: Luisa P. Maurer TITLE: Mayor TITLE: Acting District Administrator -" .."' .'.' .- -.-'.-___-_____--M- ---oATE: " I ----_.- -'-- ----- - OAT::, FEDERAL 10 NUMBER: , F-59600749013 5 LlPP:, ,VE~ ,:$ TOF~O- iV-j , LEG/I.. :sUFFlCIEIV . , ~ a ,'Lvi.. ",'1 - - Attorney's Office , , .. 07/01/87 AGING AND ADULT SERVICES COMMUNITY CARE FOR DISABLED ADULTS ..... COST REIMBURSEMENT .... ATTACHr-IENT I A. Services to be Rendered See attached Program Proposal Attachment , incorporated herein by reference. In the event of a conflict between the program proposal and Attachment 1, the provisions of Attachment 1 will prevail. B. Manner of Service Provision 1. See attached Program Proposal Attachment ,incorpo- rated herein by reference. In the event of a conflIct between the program proposal and Attachment 1, the provisions of Attachment 1 will prevail. 2. In addition to the attached Program Proposal, the fol- lowing will also be required: a. The provider will maintain a current record on each individual in the program including: current documentation of eligibility for the provision of services; identifyinginfor- mation about the recipient and established need to receive the service; service delivery date; and all other forms or records necessary for program operation and reporting as determined by the department and rendered to the provider in writing thirty - . .." ~.,.,.~.,..,...... ..... 1-01 ' ..... ....,_ ..f (30) days before reporting implementat~on. . b. The provider will maintain those facilities in which the services are provided, so that ftt all times the facil- ities are in conformance to the standards required by local fire and health authorities, or State requirements, whichever are more stringent. c. The provider will maintain sufficient staff, facilities, and equipment to deliver the agreed-upon services or will notify the department whenever they are unable or will be unable to provide the required quality or quantity of services. c. Method of Payment ..... 1. Subj ect to the availability of funds, the department shall reimburse no more than a total general revenue dollar amount of $ 11,546.75 for expenditures made in accordance with the budget attached hereto (Attachment 2). The department shall make payment to the provider on the basis of monthly requests for payment and Report of Receipts and Expenditures submitted to the contract manager identified in this contract. ~' '; 07/01/87 \ 2. All requests for payment will. be made using HRS Form 578, Request for Payment/Refund-Deficit Notice. Requests for payment, u~ing 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 accompanying documentation as required by the District Office of Grants Management. 3. No extraordinary cash provision, as identified on HRS Form 578, is available for the provider. ~ 4. It is expressly understood by the provider that any payment due the provider under the terms 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 the 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 right to payment is forfeited and the department will not honor any request 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 (10%) of the actual net cost for a total match amount of $ 1.282 q7 to be received during the contract period. The provider's contriPution referred to as total match must be received by the provider so that by the end of the sixth month of the contract, total match received will be in proportion to general revenue funds expended. If match is not proportional to contract funds expended, the provider must provide to the con- tract manager a written explanation indicating the circumstances for the undermatch. By the end of the contract period all contract funds must be appropriately matched to equal the amount required in this contract. ~ / 'J\ 1 - 07101/87' E. Special Provisions 1. State Laws and Regulations ~ a. The provider will comply with applicable parts of the Florida Statutes, Chapter 409, Chapter 410 and Section 20.19 (2)(b)2f, Florida Statutes and HRSM 140-8. b. The provider, if Offering Adult Day Care services shall be licensed, unless otherwise exempted, under Chapter 400, Part IV, Florida Statutes. The provider will comply with all applicable standards, criteria, manuals and guidelines of the Aging and Adult Services Program and any other applicable manuals, guidelines or criteria established by the department. 2. Reporting Requirements a. The provider agrees to submit to the department an accurate service output report, HRS-AA Form 2004, within forty-five (45) calendar days. after the ending date of the contract period. b. A complete and accurate HRS Form 2006, Service Cost Report must be submitted to the department as follows: o within 45 calendar days of December 31 o within 75 calendar days of June 30 c. The provider agrees to submit a monthly sununary report and six, nine and twelve months cununulative sununary reports to the contract manager. 3. 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 receiving further payments and may prohibit the provider from incurring additidnal obligations of funds. The Suspension may apply to only part, or all of the provider's operation. c. To Suspend operations of the provider, the department will notify the provider in writing by certified mail of: the action to be taken; the reason(s) for such action; and, the conditions of the suspension. The notification will also: indicate what corrective action(s) are necessary to remove the suspension; indicate the provider's right to an administrative hearing; and provide the provider with the appropriate time period to request an administrative hearing before the effective date of the SUspension (unless provider's actions warrant an immediate suspension). 1, f , , lilt ; i " . ~ . I l I ! , , 1 " 07/01/87 4. Grievance and Fair Hearing Procedures ~ The provider will utilize the department's fair hearing system outlined in HRS Manual 195-1, Chapter 4, by which clients served by the provider under this contract may request a fair hearing. 5. Fees shall be imposed other than those set by the collected in compliance with departmental disposed of in a manner prescribed by the No fees department. Fees directives will be department. 6. Copyright Clause Where activities supp.orted by this project, produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the department has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the department do so. If the material is copyrightable, the provider may copyright such material, with approval of the department, but the department will reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publiSh, and use such materials, in whole or in part, and to authorize others acting on behalf of the department to do so. 7. ~" .:"0.,;......" 1~ ,-;" ~ ~~ .-. ~, ->;:- ">r -:t f"! ..--~,,", ~~ .~f~ 1':1 ~ ~~. -. T ,.., -,' Non-Expendable Property- a. Non-expendable property is defined as tangible personal property of a nonconsumable nature that has an acquisition cost of $100.00 or more per unit and an expected useful life of at least one year. This definition also includes hardback bound books, ,the value or cost of which is $25.00 or more. b. All such property shall be listed on the property record by descrTption, manufacturer's model number, serial number, date of acquisition and unit cost. Such property shall be inventoried annually and an inventory report shall be sub- mitted to the department annually with updates as property is obtained. Disposition of non-expendable property shall be in conformance with HRSM 80-1, Property Management and' Control System. c. Title (ownership) to all non-expendable property acquired with funds from this contract shall be vested in the department upon completion of the contract, unless otherwise authorized in writing by the department. ~ " - '\- .. 07/1/87 d. At no time shall the provider dispose of non- expendable property purchasd under this contract except with the permission... of, and in accordance with instructions from the department. e. Prior approval is required for the purchase of any item of non-expendable property not specifically listed in the approved contract budget. 8. Travel a. Chapter 287.058(1)(b), Florida Statutes requires bills for any travel expenses be submitted and paid in accord- dance with Section 112.061. Florida Statutes governing payments by the State for travel expenses and HRS 40-1, (Official Travel for HRS 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 HRS Travel, form (HRS Form C676) must be used by the provider. 9 . Bonding The provider agrees to furnish an insurance bond from a responsible commercial surety company covering all officers, employees and agents of the provider authorized to handle funds received or disbursed under this contract in an amount commensurate with the funds handled, the degree of risk as determined by the surety company and consistent with good business practices. 10. Client Information The provider agrees to submit to the department management and program data including client identifiable data in accordance with Pamphlet 50-10. 11. Sponsorship '- The provider assures that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the provider, shall include the statement: "Sponsored by the Department of Health and Rehabili- tative Services and the State of Florida." If the sponsorship reference is in written material, the words, "State of Florida" shall appear in the same size letters or type as the names of the organizations. '~ IV .t.\ 07/1/87 ", 12. Automated Financial Records " The use of computers in financial management is encouraged, but it is not a substitute for traditional accounting methods and permanent accounting records. The provider utilizing automated systems must remember that there is an obligation to abide by their contract agreement with the department, Sections: I. C. Audits and Records; I. D. Retention of Records; and I. E. Monitoring. In order to meet the requirements of Sections I.C., I.D., and I.E., original records must be kept in a reasonable form, namely: ~ a. A permanent written (printed and dated) record of financial transactions must be developed and verified by the provider and retained in a manner to facilitate inspection by auditors and program monitors. b. Computer maintained financial records must be printed out at least monthly, properly recorded/dated, initialed by the fiacal officer or project director and placed into a. permanent binder (general ledger). It is also containing this information is a future need to review that reporting period. recommended that the diskette be retained in the event that there the fiscal information required for c. Proper reference and back-up materials such as invoices, cancelled checks and bank statements must be properly dated and grouped accordingly on a monthly basis. d. All records and documentation must be kept for at least five (5) years. -~ \\ if' III . f ATTACHMENT 1f Financial and Compliance Audits . . This attachment is applicable if the provider is a state or local government, university, hospital or other nonprofit entity. It shall not apply if the total of all funds received during the provider's fiscal year from contracts with the department is less than $25,000. The provider agrees to have an annual financial and compliance audit performed in accordance with Standards for Audit of Governmental Organizations, Programs, Activities, and Functions developed by the Comptroller General of the United States, dated February 27, 1981 (also referred to as the "yellow book"). State and local governments shall comply with Office of Management and Budget (OMS) Circular A-128, "Audits of State and Local Governments". Universities, hospitals and other nonprofit providers shall comply with OMS Circular A-1I0, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations". Audits shall cover the entire organization for the organization's fiscal year, and shall be performed by state or local government auditors or certified public accountants who meet the independence standards specified in the the yellow book. The provider shall ensure that audit workpapers and reports are retained for a minimum of five years from the date of the audit report, unless the provider-is notified in writing by the department to extend the retention period. The provider shall also ensure that audit workpapers are made available ,upon request to the department or its designee. The scope of Standards for Audit of Governmental Organizations, Programs, Activities, and Functions (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. Copies of the audit report shall be submitted to the Office of Audit and Quality Control Services, Audit Services Administrator, Building 3, Room 219, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 and to the contract manager for the department 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 recommendations are issued in connection with the audit, copies shall accompany the audit report. ;:J--