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Resolution 007-1988 .. Sheila Malloy, Director Nutrition Program RESOLUTION NO. 007-1988 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/ CHAIRMAN OF THE BOARD TO EXECUTE CONTRACT #88-2-878 - TITLE III-C-l BY AND BETWEEN AND THE AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES/UNITED WAY OF DADE COUNTY AND THE MONROE COUNTY BOARD OF COMMISSIONERS (NUTRITION PROGRAM) . BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute Contract #88-2-878 - Title III-C-l by and between the Area Agency on Aging for Dade and Monroe Counties/United Way of Dade County and the Monroe County Board of Commissioners (Nutrition Program), a copy of the same being attached hereto and made a part hereof. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 5th day of January, 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, By,g~~~ v CHAI N (SEAL) Attest: DANNY 1... KOLHAGE, Clerk ~L~~~.M LERK ,. f\PPFlO\!fO liS TO 1\ t;' ''''''r:r'C''''f.rv 'Nl~', j':''1~'~L':>(j.' c..!.. '."'~'~'. ;.",..' --.~' (Q -' _/ . . . tC . .", i~ c~: ~ --: -- r.~ ~- . -- A i.'r,,1rrn('~l'!, C'::{j;:A / :.' v CONTRACT. 88-2-878 TITLE: III C-l OFFICIAL FEDERAL FUNDS CONTRACT BETWEEN AREA AGENCY ON AGING FOR DADE " MONROE COUNTIES/ UNITED WAY OF DADE COUNTY, INC. AND TH.IS CONTRACT is entered into between the AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES/UNITED ~ OF DADE COUNTY, hereinatter referred to as the "Area Agency," and MONROE COlJNIY BOARD OF CCM1ISSIONERS (NUTRITION PRCCRAM) , hereinatter referred to as the "Provider". The Parties agree: I. The Provider agrees: A. To provide services according to the conditons specified in Attachment I. B. Federal and State Laws and ReCUlations 1. It this contract contains Federal funds, the Provider shall comply with the provisions of 45 CFR, Part 74, and other applicable reCUlations .. specified in Attachment I. 2. It 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 use 1388 et seq.). , 3. The Provider acnes to complete the Civil Richta Compliance Questionnaire, BRS Forms Me A, and B it so requested by the AAA. ,. C. Audits and Records 1. To JUiDtaiD books, records and documents in accordance with accountinl' procedures and practices which sutticiently and Properly reflect all expenditures of funds provided by the Area Agency under this contract. 2. To ..sure that these records shall be subject at all times to inspection, review, or audit by Area Agency and Department ot Health and Rehabilitative Services, State of Florida, personnel and other personnel duly authorized by the Department, .. well as by Federal personnel. 3. To maintain and tile with the Area Agency such progress, fiscal, inventory and other reports as the Area Agency may require within the period ot this contract. 4. To include these atorementioned audit and recordkeeping 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, Florida Statutes, and made or received by the Provider in conjunction with this contract. It is expressly understood that substantial evidence of the Provider's refusal to comply with this provision shall constitute a breach ot contract. D. Reten tion 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. - 1 - 2. Persons duly authorized by the Area Agency 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. E. Monitoring 1. To provide progress reports, including data reporting requirements as specified in Attachment I. These reports will be used for monitoring procress or performance of the contractual 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 Area Agency to monitor the aforementioned service program operated by the Provider or subcontractor or assignee according to applicable regulations of the State and Federal governments. Said monitoring will include access to all client records. F. Indemnification The Provider shall be liI.ble, and acrees to be liable for, and shall indemnity, defend, and hold the Area Al'ency harmless from all claims, suits, judl'ements or damal'es, including court costa and attorneys' fees, ariainl' out of negligence or omissions by the Provider in the course of the operations of this contract. G. Insurance The responsibility for providinl' adequate liability insurance coveral'e on a comprehensive basis shall be that of the Provider and shall be provided at all times during the existence of tb.i8 contract. Upon the execution of tb.i8 contract, the Provider shall tumish the Area Al'ency with written verification of the eziatence of. such insurance coveral'e. H. Satepardinl' 1Dt0rmation The Provider sball not use or c:l:iacJose any information conceminl' a recipient of HI"Vfcea under tb.i8 contract for any purpose not in confonlity with the State RelUlations and Federal recuIations (45 CFR, Part 205.50), except on written consent of the recipient, or his respcmaibla parent or guardian when authorized by law. I. Client IDformation I.", The Provider shall submit to the Area Al'ency man.....ent and program data, inclUding client identifiable data, as specified by the Area Agency in Attachment I tor inclusion in the HRS Client Information System . J. Assignments and Subcontracts The Provider shall neither assip the responsibility ot this contract to another party nor subcontract for any ot the work contemplated under this contract without prior written approval ot the Area Agency. No such approval by the Area Agency ot any assignment or subcontract shall be deemed in any event or in any manner to provide tor the incurrence ot any obligation ot the Area Agency in addition to the total dollar amount agreed upon in this contract. All such assignments or subcontracts shall bEl subject to the conditions of this contract (except Section I, Paragraph 0) and to any conditions ot approval that the Area Agency shall deem necessary. K. Financial Reports To provide financial reports to the Area Agency as specified in A ttachmen t I. L. Return of Funds The Provider agrees to return to the Area Agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the Provider by the Area Agency. Such funds shall be considered Area Agency funds and shall be - 2 - refunded to the Area Agency. The refund shall be due within 30 days following the end of 'the contract or at the time the overpayment is discovered unless otherwise authorized by the Area Agency in writing and attached to this contract. M. Unusual Incident Reporting If services to clients will be provided under this contract, the Provider and any subcontractors shall report to the Area Agency unusual incidents in a manner prescribed in HRSR 0-10-1 dated January 1, 1986. .N. 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 provisions of Chapter 427, Florida Statutes. The Provider shall submit to the department the reports required pursuant to Volume 10, HRS Accounting Procedures Manual. O. Purchasing It is expressly understood and agreed that any a.rt:icles which are the subject of, or required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, IDc. (PRIDE) identified under Chapter 946, F .S., in the same manner and under the procedures set forth in Section 946 .15(2), (4), F. S. and for purposes of this contract the person, finD, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with PRIDE. This clause is not applicable to any subcontractors, unless otherwise required by law. II. The Area Agency agrees: A. Contract Amount To pay for contracted services accordiDl' to the conditions of Attachment I in an amount not to uceed S. 152 839 .~ subject to the avaDabiUty of tunela. The State of ~rida's performance and oblil'ation to pay under this contract is continl'ent upon an annual appropriation by the Leplature. . III. The Provider and Area Al'ency mutually acree: A. Effective Date 1. This contract shall belf,n on 1/1/88 on the date on which the contract haa been signed by both parties, whichever is later. 2. This contract shall end on 12/31/88 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. 2. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the Area Agency may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Area Agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the Provider's breach is waived by the Area Agency in writing, the Area Agency may, by written notice of breach to Provider, terminate this contract upon no less than twenty-four - 3 - (24) hours notice. Said notice shall be delivered by certified mail, retum receipt requested, or in person with proof of delivery. If applicable, the Area Agency may employ the default provisions in Chapter 13A-l, Florida Admi"'istrative Code. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breac:h and shall not be construed to be a modification of the terms of the contract. The provisions herein do not limit the Area Agency's right to remedies at law or to damages. C. Notice and Contact The Contract Manager for the Area Agency for this contract is Paul C. flmt The representative of the Provider responsible tor the admini-tration of the program under this contract is Louis LaTorre In the event that different representatives are desipated by either party alter execution of this contract, notice of the name and address of the new representative wf11 be rendered in writinl' to the other party and said notification attached to the orilinals of this contract. D. Renegotiation or Modification 1. Modification of provisions of this contract shall only be valid when they have been reduced to writinl' and duly siped. The parties alTee to renecodate this contract it Federal and/or State revision of any applicable laws or relu1ations, or rel'Ulations makes chanl'es in this contract necessary. 2. If this contract contains a f!zed-price method of payment section, and the rate of payment is determined throul'h the appropriations process, then this contract may be amended to refiect the new rate established throup the appropriations process retroactive to the effective date of this contract. 3. If the contract CODtafDs either a cost-re1IDbursemeat or a f!zed-price method of paymeat, the rate of paymeat and the total dollar amount may be adjusted proapecUve1y to retJect price-level increu.. determined throup the appropriations process and subaequeatlJ' ideatiftecl in the departlDeat's operatinc budcet. E. N... ad Address of Pay.. The ~ ad address of the oftfcia1 pay.. to whOlD the paymeat shall be made: MONROE COUN'IY BOARD OF CCUUSSIONERS NUTRITION PR<X.;RAM 1315 Whitehead Street Key West, FL 33041 F. Total Project Cost The Area Agency share in the total project cost is $ 152.839 '- the Provider's share of the total project cost $ 16.982 tor a total project cost of $ 169 .821 G. All Terms and Conditions rn~lu.dftd: This contract and its attachments as referenced: Attachment I: A ttachment II: Conditions Civil Richts Certificate Grant Application Package A ttachment I II: Contain all the terms and conditions agreed upon by the parties. 4 IN WITNESS THEREOF, the parties hereto have cased this 10 page contract to be executed by their undersigned officials a8 duly authorized. PROVIDER AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES/ UNITED WAY OF DADE COUNTY Signature: Name: (Please Print) Signature : Name: Paul C. Hunt (Please Print) Title: Title : Date: Executive Director Date: FEDERAL ID NUMBER /'\ .I , /', ~ d~ /1 l- Final implementation of this contract is subject to: *Changes in the contract fonnat due to HRS requirements *Final AM approval of a canpleted application 5 A TT ACHM!NT I CONDITIONS A. Services to be Rendered 1. The att~c~ed Application for Title III Funds, (Attachment III),and any reVlSlOns thereto approved by the Area Agency, by physical attachment to this contract, is a part of this legal agreement and prescribes the services to be rendered by the Provider. B: . Manner of Service Provision: 1. The services will be provided in a manner consistent with and as described in the Application For Title III Funds (Attachment III) and HRSM 140-1. - - - C. Method of Payment: 1. Payment shall be on an advance and reimbursement basis in accordance with HRSM Manual 55-1, appencliz B: All requests for payments wiD be made using HRS Form 578 - Request for Payment - Refund Notice. Expenditure reports will' be submitted to support requests for payment, usinl' HRS Form 577 - Report on Receipts and Expenditures. Replication of both the HRS Form 577 and HRS Form 578 vis data processinl' equipment is pe1"llliasible; replications must include all data elements included on HRS forms. 2. The provider may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. All reimbursement requests for the third throul'h the twelfth months shall be based on the submission of monthly actual expenditure reports beliDninl' with the first month of the contract. 3. The Provider may request an eztnorctiDary cash in addition to the above advance reque.ts in accordance with the projected advance payment and reDabunement schectuJe containect in the Grant Application paek_l'e or as othenriae necessary when approvect by the Area Al'ency. The tena "eztnordinary casb" used here means cash needs resultinl' f~ payabJea due within a pven month for item. pnerally paid on a one-time, DOD-recurrinl' basis durinI' the contract period. Reimbursement p.,..ta for .ucceediDl' months will be reduced by the amount of eztnordfaary cash, expended; in accordance with HRSN 55-1, paracraph 5-12. 4. All intere.t earned on the advance of federal lunda may be retained by the Provider for the purpose of ezpandiDl' service provision in accordance with HRSM 55-1, paracrapb 4-15. 5. Any payment due under the term. of thia contract may be withheld pendiDl' the receipt and approval by the Area Al'ency of all financial reports due from the provider an any adjustments thereto. 6. The Provider must submit the final request for payment to the Area Agency no more than forty-five (45) days after the contract ends or is terminated; and it the Provider fails to do so, all rights to payment are forteited and the Area Agency will not honor any request submitted after the aforesaid agreed-upon period. 7. The expenditu1"f:' i~~pOr-tsror the final two months of the contract shall be submitted by the Provider no more than five days after the end of the contract. 8. All monies which have been paid to the Provider which have not been used to retire outstanding oblia"ations of the contract being closed out must be refunded to the Area AGency along with the closeout package which is due forty-five (45) days after the contract ending date. 9, The Provider agrees to implement the Application for Title III F?nd~g (Attachment III), according to the distribution of funds as detailed 10 the Application for Title III Funding Budget Summary. 6 D. Non-Expendable Property: 1. Non-expendable property is equipment, fixtures, and other tangible personal property of a non-consumable nature, the value of which is $200 or more, and the normal operational lite ot which is one year or more. Non-expendable proputy also includes hard-back covered books, the value or cost ot which is $25 or more. 2. .. Prior written approval is required tor the purchase ot any item of non-expendable property not included in the approved grant application package. 3. All such property shall be listed on the property record by description, manufacturer's model number, serial numbers, date ot acquisition and unit cost, property inventory number and information on the condition, transter, replacement or disposition of the property. Such property shall be inventoried annually, and an inventory report shall be submitted to the Area Acency annually with updates as property is obtained. 4. Disposition of non-expendable property and unused supplies tor currently tunded and/or terminated Service Providers will be in accordance with HRSM 55-1. E. Travel: 1. Section 287. 058( 1)(b), F. S., requires that invoices tor any travel expenses should be retained on tile in an auctitab1e tormat and paid in accordance with the rates specified in Section 112.061, F. S. , IOverninl' payments by the state for travel expenses and HRSM 40-1 (Official Travel of HRS Employees and Non-Employees). 2. Receipts tor car rental and air transportation are required documents to be retained on tile to support payment. Other incidental expenses that require support documents to be retained on file by the Provider are identified in HRSa 40-1. 3. The Provider must retain on file in an auc:titable format documentation of all travel expenaea to include the foUowtnl' data elements: name of traveler, dat.. of travel, travel destfDation, purpo.. of travel, hours of departure _d returD, per diea or mea1a allowance, map mileaee cl_-_. vtciDi~ lDBeal'e, incidental expense. J sipature of payee and payee'. .upervisor. 4. The Provider may consolidate the travel expen.e claim. tor each individual to include travel for a specific period of time. Consolidated reports mu.t be supported by a travel 101' which detalla each trip for which travel expense is claimed. F. Financial Reports The Provider acrees to provide an accurate, complete and current disclosure ot the tinancial results of this contract u tollow.: 1. To submit all requests tor payment and expenditure reports according to the format, schedule and requirements specified in HRSM 55-1. 2. To submit a contract closeout report to the Area Acency as specified in HRSM 55-1. 3. A complete and accurate HRS Form 2006, service cost repot must be submitted to the Area Agency on 2 quarterly basis. These reports must be submitted by the Provider no later than the tenth day of the month tollowing each quarter and should be cumulative from the beginninl' of the contract period to the end of the las~ quarter. G. Financial and Compliance Audits: 1 , The Provider will have an annual financial and compliance audit covering its entire organization for its fiscal year performed by an independent auditor for the fiscal year ending after September 30, 1986 and annually thereafter. 7 2. The annual tinancial and compliance audits will be in accordance with Standards tor Audits ot Governmental Organizations, Program, Activities and Functions by the Comptroller General of the United States, February 27, 1981. The scope ot Audits performed will include only tinancial and compliance. 3. Local government providers will comply with the Office ot Management and Budget Circular A-I28, "Audits ot State - and Local Governments" dated April IS, 1985. 4. Nonprotit providers will comply with the Ottiee ot Management and Budget Circular A-HO, "Grants and Agreements with Institutions ot Higher Education, Hospitals and Other Nonprofit Organizations" . 5. All provider audits (Local Government and Non Protit) will comply with OMB Circular A-128 sections 5.t.,6,7,8,12,13,14 and 15. 6. Audit work papers and reports will be retained for a minimum of three years from the date ot the audit unless the auditor is notified by the Area Al'ency to extend the retention period. Audit workpapers will be made available upon request to the Area Agency or its designee. 7. Audit reports are due to Area Al'ency on or by 180 days alter the end ot acency's fiscal year. 8. Five copies of the audit report, manqement letter, other reports or correspondence related to the audit tindinl's or recommendations issued in connection with the audit must be sent to the Area Acency. H. Subcontracts: Area Al'mcy approval ot the application tor Title In lundinI' shall not constitute Area Al'mcy approval ot the Provider subcontracts. Prior Area Acency approval 18 required. I. MonitorinC: The Provider acrees to comply with the monitoriDC reqUirements ot the state and the Area Apncy in accordance with HRSM 55-1 and HRSM 140-1C. . J. Special Pnm8iona: 1. The folio... c1auae supersede. Section III-B-l: Termination At wm: This contract..y be terminated by either party upon no less than thirty (30) days notice pursuant to 45 CFB Part 74; notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. The Provider and the Area Agency a&Tee to perform the services of this contract in accordance with all Federal, State, and local laws, rules, rel'UIations and policies that pertain to Older Americans Act Funds. 3. The Provider assures that it will not assess nor collect fees from eligible clients within the Title III, Older Americans Act Program without prior written approval of the Area Agency. 4. Federal fiscal year fundinl' provided in this contract is subject to substitution by prior year's carryforward funds in accordance with procedures identified in HRSM 55-1. The Area Agency has the authority to re-award to any Provider current year fwids de-obligated by this process. This provision exclues Senior Center Carryforward Funds. 5. The Provider will assure through contract provision that HRS Client Information System Data is recorded and submitted to the Department in accordance with HRSP 50-10, 8 6. Copyright~ and Right to Data: Where activities supported by this project produce original writing, sound recordings, pictorial reproductions. drawings or other graphic representation and works ot any similar nature. the Area Agency has the right to use. duplicate and disclose such materials in whole or in part, in any manner, tor any purpose whatsoever and to have others acting on behalf ot the Area Agency do so. It the material is copyrightable, the provider may copyright such material, with approval ot the Area Agency, but the Area Agency will reserve a royalty-tree, non-exclusive and irrevocable license to reproduce, publish. and use such materials, in whole or in part, and to authorize others acting on behalt of the Area Agency to do so. 7. Bonding: The provider agrees to turnish a bond trom a responsible commercial insurance company covering all otficers, employees and agents ot the provider authorized to handle funds received or disbursed under this contract in amount commensurate with the funda handled. the degree of risk u determined by the insurance company and consistent with good business practice. 8. Sponsorship: The Provider assure that all notices, informational pamphlets, press releues, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and releued by the Provider, shall include the statement: "Sponsored by the Department ot Health and Rehabilitative Servic.. and the State of Florida". If the sponsorship reference is in written material, the worda, "State of Florida" shall appear in the same size letters or type u the name of the organiation. K. Conditions of Award: 1. No later tbaD tiftea (IS) days before the effective date of this contract, the Provider wm submit a final, revised and acceptable application for Title III funding with any chan... found to be neceaA17 for tiDal approval by ~e Area Agency on Acme. 2. The Provider'. contract aJDOunt may be revised pendine any chan... .. a re.wt of Area Agency appeal process. Upoa receipt of any formal written Proteat which baa bea timely filed, the Area Agency promptly will notify in writing any other agency or orcaniation that in the judpaaent of the Area Agency Contract Manager miCht be affected by the protest and furnish copies of all protestine documentation. If in the sole determination of the Area Agency, a disputed contract award may result in the interruption of services to elderly clients, the Area Agency reserves the right to contract with a Provider of choice on an interim buis to maintain the delivery of services until the protest is resolved. ',. 9 ATTACHMENT II CIVIL RIGHTS CERTIFICATE ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 504 OF THE REHAB ILlATION ACT OF 1973, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, THE AGE DISCRIMINATION ACT OF'1975, AND THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981. The applicant provides this assurance in consideration of and tor the purpose ot obtaining Federal grants, loans, contracts (except contracts ot insurance or guaranty), property, discounts, or other Federal tinancial assistance to programs or activities receiving or benefitting from Federal tinancial assistance. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act ot 1964, as amended, 42 U. S. C. 2000d et se~ . , which prohibits discrimination on the basis ot race, color, or national origin in programs and activities receiving or benefitting trom Federal tinancial assistance. 2. Section 504 of the Rehabilitadon Act of 1973, sa amended, 29 U .S.C. 794.. which prohibits d18crimination on the basis of handicap in program. and activities receiving or benefitting from Federal financial assistance. 3. Title IX of the Education Amendments of 1972, .. amended, 20 D.S.C. 1681 et seq. , which prohibits d18crimination on the basis of sex in education program. and activities receiving or benefitting from Federal tinancial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq. , which prohibits discrimination on the buia of qe in program. or activities receiving or benefitting from Federal ftDancial assistance. 5. The Omnibu. Budpt ReconcWatfon Act of 1981, P.L. 91-35, which prohibits clisc:riIamatfon OD the b..is of sex and reU8ion ill p~. and activit:iea receiving or benefitting froa Fed.ral ftDandal ..sistance. 6. AU recuJationa, ,,,If...., and standuds la~ adopted under the above statues. The appUcant ........ tbat campliance with this ...urance constitutes a condition of continued nceipt of or benefit frca Federal financial ...istance, and that it is bindfDg upoll the applieaDt, its successors, transferees, aDd ...ip... for the period durfDg wb.fcb .uch ...istance is provided. Th. applicant further assure. that all contnctors, sUbcontnctors, subP'Ulteu or oth.... with whoa it arrange. to provide s.rvices or benefits to participants or ..ploy... in connection with any of its pro~. and activities are not clisc:riIamating apin.t those Participants or ..ploy... in vjolation of th. above .tatutes, regulatioll8, pideline., aDd standards. In th. event of failure to camply, th. applicaDt understands- that the Area Acency may, at its discretion, seek a court order requiring compliance with the term. of this assurance or seek other appropriate judicial or admini.trative relief, to include assistance being terminated and turther assistance being denied. IO/liz-a-H 10