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Resolution 269-1988 , , Louis LaTorre, Exec. Dir. Social Services RESOLUTION NO. 269 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE CONTRACT NO. KG-812 BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND MONROE COUNTY (IN-HOME SERVICES). 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 No. KG-8l2 by and between the State of Florida Department of Health and Rehabilitative Serivces and Monroe County (In-Home Services), a copy of 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 July, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: g~~/.~.? MAYORJCHAIRMAN (Seal) Attes t: DANNX L. KOLHAGE, ~lerk yQL-~,~~ i~ "\2'II\';( ..1" :;:r:/T. J"." :.::", ,..'.1.... ,. _~.',. .,_. -..- \ .H/ __~~-:;:""//' (,-;';,.:",/:.';:_-____ '0(:' ( ERS ( Ji1 . ,,~l' )1 7/1/88 Contract No. ~ STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES STANDARD 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 In-Home Services hereinafter referred to as the "provider." The parties agree: I. The Provider Agrees: A. To provide services according to the conditions specified In Attachment 1. B. Federal 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 specified In Attachment I 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 provide a financial and compliance audit to the department as specified in Attachment I I . Additional audit requirements are specified In Attachment 1, Special Provisions Section D. NA . 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. 't-~ 1 ~" ... ( (' , .. ~ :t ,) ':'- 7/1188 E. Monitoring 1. To provIde progress reports, including data reporting requirements as specified In Attachment I . These reports will be used for monitoring progress or per. .formance of the contractual services as specified in Attachment I . 2. To ~rovide 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 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 lIable,and agrees to be liable for, and shall Indemnify, defend and hold the department harmless 'rom all claims, suits, JUdgements, or damages, InclUding court costs and attorneys' fees, arising out of negligence or omissions by the provider In the Course of the operation of this contract. G. Insurance The responsibility for providing adequate liability Insurance coverage on a comprehensive basis shall be that of the provider and Shall be provided at all times during the existence of this contract. Upon the execution of this contract; the provider shall furnish the department with written verification of the existence of suoh insurance coverage. 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. H. 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 regulations (45 CFR, Part' 205.50), except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Client Information The provider shall submit to the department management and program data, including client identifiable data, as specified by the department in Attachment T for inclusion in the HRS Client Information System. . J. Assignments and Subcontracts The provider shall neither assign the responsibility of this contract to another party no~ subcontract 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 sub. contract shall be deemed 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 con. tract. All such assignments or subcontracts shall be subject to the conditions of this con. tract (except Section 1, Paragraph 0) and to any conditions of approval that the department shall deem necessary. ...~"" ~ K. Financial Reports To provide finapcial reports to the department as specified in Attachment I 2 7 ',., 7/1188 ( ( L 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. The provider shall return any overpayment to the department upon discovery of the overpayment. In the event that the department first discovers an overpay. ment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) % per month compounded on the outstanding balance after forty. five (45) days. Days will be counted beginning with the day the amount was booked as a receivable by the department. M. Unusual Incident Reporting If services to clients will be provided under this contract, the provider and any sub. contractors shall report to the department unusual incidents in a manner prescribed in HRSR 0.10-1. N. Transportation Disadvantaged If clients will be transported under this contract, the provider will subcontract with the designated Coordinated Community 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, Chapter 27, HRS Accounting Procedures Manual. o. Purchasing It is expressly understood and agreed that any articles which are the subject of, or re- quired to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identifleqpN Chapter 946, F.S., in the same manner and under the procedures set forth In Section ~2), (4), F.S., and for purposes of this con- tract the person, firm, 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. P. Civil Rights Certification The provider gives this assurance In consideration of and for the purpose of obtaining Federal grants, loans, contracts (except contracts of insurance or guaranty), property, dis. counts, or other Federal financial assistance to programs or activities receiving or benefiting from, Federal financial assistance. The prOVider agrees to complete the Civil Rights Compliance au~stionnaire, HRS Forms 946 A and S, if so requested by the department. 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 receiving 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. ....~ .. 3 ( ( , t: 7/1188 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 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 provider, Its successors, transferees, and assignees for the period during which such assistance Is provided. The provider further assures that all contractors, subcontractors, subgrantees or others with whom It arranges to pro.vide services o~ 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. Q- Requirements of Section 287.058, Florida Statutes 1. To submit bills for fees, or other compensation for services or expenses in sufficient detail for a p'roper pre-audit and post-audit thereof. 2. Where applicable, to submit bills for any travel expenses in accordance with s.112.061, Florida Statutes. The department may establish rates lower than the maximum provided In s.112.061. 3. To provide units of delivembles, including reports, findings and drafts as specified In Attachment I ,.to be received and accepted by the contract manager prior to payment. 4. To comply with the criteria and final date by which Sllch criteria must be met for . completion of this contract as specified In Attachment 1 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 contract. It Is expressly understood that substantial evidence of the provider's refusal to comply with this provision shall constitute a breach of contract. R. Wlthholdlngs and Othe~ Benefits 1. The provider is responsible for Social Security and Income Tax withholdings. 2. The,- provider Is not entitled to state retirement or leave benefits except where the prOVider Is a state agency. 3. Unless justified. by the provider and agreed to by the department in the Special Provi- sions to this contract, the department will not furnish services of support normally available to career service employees (e.g., office space, office supplies, telephone service, secretarial or clerical support). S. Sponsorship The provider assures that all notices, informational pamphlets, press releases, adver- tisements, 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 Monroe County In-Home Servi ces PROVIDER and the State of Florida, Department of Health and Rehabilitative Services." If the sponsor- ship reference is in written material, the words, "State of Florida, Department of Health and Rehabilitative Services" shall appear in the same size letters or type as the name of the organization. .;~'~ II ~ 4 .--.." I ," , .,' .' . . . , ( ( , .,;0 . .~ :: K~' 7/1188 II. The Department Agrees: A. Contract Amount ro pay for contracted services according to the conditions of Attachment 1 in an amount not to exceed $ 123 ~386. 00 , subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Contract Payment 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 department will pay the vendor, In addition to the amount of the invoice, in. terest at a rate of 1 percent per month or portion thereof on the unpaid balance from the ex. plratlon of such 45 day period until such time as the warrant is mailed to the vendor. Excep. tlonal circumstances as defined in section 215.422(2), F.S., may permit the deadline for pay. ment to be revised. III. The Provider and Department Mutually Agree: A. Effective Date 1. This contract shall begin on Jul y 1st ~ 1988 or on the date on which the contract has been signed by both partiGs, whichever is later. 2. This contract shall end on June 30,1989 B. Termination 1. Termination at Will This contract may be terminated by either party upon no less than thirty (30) days notice, witho.ut cause. Said notice shall be delivered by certified mall, return receipt reo quested, 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 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 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 reo quested, 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 provisions 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 provi. sions herein do not limit the department's right to remedies at law or to damages. t""" 5 ,... .. ( C..' ~. i' <" ' 7/1/88 . . C. Notice and Contact The name and address of the contract manager for the department for this contract is Patricia A. Gaddis, 401 N.W. 2nd Avenue 51020 Miami, Fl 33128 . The representative of the provider responsible for administration of the program under this contract Is Loui s LaTorre. Deoartment Head . In the event that different representatives are designated by either party after execution of this contract, 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. 2. The rate of payment and the total dollar amount may be adjusted retroactively to reflect pricErlevel Increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. E. Name, Mailing and Street Address of Payee 1. The name and mailing address of the official payee to whom the payment shall be made: Monroe County In-Home Services 1315 Whitehead Street Key West, Fl 33040 - . - - ... . , 2. The name of the contact person and street address where financial and administrative records are maintained: Charlotte Bundock 1315 Whitehead Street Key West, Fl 33040 F., All Terms and Conditions Included' This contract and its attachments as referenced, ( Attachement I. Attachment II, Attachment ~II . . . ), contain all the terms and conditi~ns agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this 21' executed by their undersigned officials as duly authorized. page contract to be oJ..... 6 . :, . r '7" ,; (;, " 7/1/88 PROVIDER SIGNED BY: NAME: Eugene R. Lytton, Sr. TITLE: Mayor DATE: FEDERAL 10 NUMBER: (or SS Number for an individual) 596000749 STATE AGENCY 29 DIGIT SAMAS CODE: (for journal transfer only) PROVIDER FISCAL YEAR ENDING DA TE: 09-30-88 (.. ,ti : ,"i/ r<G'i\CL STATE OF FLORIDA,DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES SIGNED BY: NAME: Marti n B. Cox TITLE: Acting District Administrator DATE: A~'PR 'ED AS TO FORM . A 'D 1I1L S~~FIC/EN~v. () ; A I BY ~ f!lI::~ G Attorney's Office -d"" " ' 7 ,. ( ( .,,' rfjft '..!... ': 07/01/88 AGING AND ADULT SERVICES COMMUNITY CARE FOR DISABLED ADULTS FIXED RATE ATTACHl-IENT I A. Services to be Provided. See attached Program Proposal for Community Care for Disabled Adults Funds AttachmentI!; incorporated herein by reference. In the event of a conflict between Attachment 1 and the program pro- posal, the provisions of Attachment 1 will prevail. . B. Manner of Service Provision. 1. See attached Program Proposal for Community Care for Disabled adults Funds AttachmentII~ incorporated herein by refer- ence. In the event of a conflict between Attachment 1 and the program proposal, 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; identifying information about the recipient and established need to receive the service; service delivery data; and all other forms or records necessary for program operation and reporting as (is determined necessary by the department and rendered to the provider in writing thirty (30) days before reporting implementation) set forth in HRSM 140-8 Community Care for Disabled Adults. b. "''''''' 'f"\--" ~"'""!' will maintain those facilities in ~~ovided so that at all times the facili- ....vuL.v.l.!uance to the standards required by local fire authorities, or state requirements, whichever are more. which to'" .... ..-.:a.lth stringent. c. The provider will maintain sufficient staff, facil- ities and equipment to deliver the agreed upon services or will notify the department whenever they are unable or are going to be unable to provide the required quality or quantity of services. C. Method of Payment 1. The department shall make payment to the provider for a total dollar amount not to exceed $ 123,386.00 , subject to the availability of funds. .:11~ " 8 GA08 'I"" ( \, j. 07/01/88 2. The department shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Services to be Provided Units of Service Unit Rate Maximum Units Case I'1anagement 1 Hour $16.05 1700 Homemaker/Personal 1 Hour $15.23 4122 Horne Delivered Meal 1 Hour $ 3.93 5880 Res:>ite Care 1 Hour $17.65 575 3. Rates listed in paragraph C-2 are the department's 90% share of the gross cost per unit of service. 4. The provider shall submit invoices for payment on a monthly basis on the invoice form provided by the department to the coptract manager. The invoices shall be submitted to the contract manager at the following location 40 iN......1. /T'lc1 Avp-mlP- Suite S1020 Miani, Florida 33135 The invoices are to be submitted in triplicate. The due date for these invoices is the 10th day of the month following the month being reported. 5. The provider expressly understands that any payment due under the terms of this contract may be withheld pending the re- ceipt 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. 6. The provider must submit the final 'invoice for payment to the department no more than sixty (60) days after the contract ends or is terminated. If the provider fails to do so, all rights to payment are forfeited and the department will not honor any re- quests submitted after the aforesaid period. 7. A final expenditure report will be made to the depar;- ment within seventy-five (75) days after the contract ends or is terminated, on a form provided by the department, identifying total units of service and total payment received. In the event of an over-payment resulting from revised units of service for the contract period being reported, these monies must be returned to the department with the final report. . -~~ v ' I 9 Jl' , '" ( (,....~ ".;:,':;\1 07/01/88 D. Special Provisions 1. Match: Total provider match for this contract period will be at least $ 13709.57 . The provider's contribution will be made in the form of cash and/or in-kind resources. By the end of the sixth month of the contract period matching amounts provided must be in proper proportion to Community Care for Disabled Adults Funds expended. At the end of the contract period, all Community Care for Disabled Adults Funds expended must be properly matched. 2. State Laws and Requlations 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, criteriu, manuals and guidelines of the Aging and Adult Services Program, and any other applicable manuals, guidelines or criteria established by the department. 3. Client Information a. The provider agrees to submit to the department management and program data including client identifiable .data in accordance with HRS Pamphlet 50-10 and instructions provided by the Director of the District Management System. b. The provider must maintain records documenting the clients, by name or unique identifier, to whom services are pro- vided, the number of units provided and the dates of service pro- vision. This must track to each request for reimbursement and daily service log. Requests for funding reimbursements which cannot be supported with Daily Service Logs for client records will be returned to the provider upon inspection by the depart- ment. 4. Reportinq Requirements 'v' a. A complete and accurate HRS Form 2006, Service Cost Report, must be submitted to the department as follows: o within 45 days of December 31 o within 75 days of June 30 10 ( 07/01/88 b. The provider agrees to submit a monthly summary report and six, nine and twelve months cumulative summary reports as described in Chapter 5, HRSM 140-8 to the contract manager. 5 . SUS~.ens..ion a. The department may, for reasonable cause, tempo- rarily 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 additional 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 depart- ment 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: indi- cate what corrective action(s) are necessary to remove the suspension: indicate the provider's right to an administrative heari~g: 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). 6. COPYLi.ch,ts~and. Rich-t._.w Da.ta: Where activities supported 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 dis- close such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the department to do so. If the materials so developed are subject to copyright or patent legal title and every right, interest, claim, or demand of any kind in and to. any patent, trademark or copy- right, 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 (1987), no person, firm or corporation, including parties to this con- tract, shall be entitled to use the copyright, patent or trademark without the written consent of the Department of State. 7. Bonding -~,..; y- The provider agrees to furnish an insurance bond from a responsible commercial surety company covering all officers, em- ployees, and agents of the provider authorized to handle funds received or disbursed under this contract in an amount commensu- rate with the funds handled, the degree of risk as determined by the surety company and consistent with good business practices. 111' 11 .. , . , (' 1:.1f~ \....l~ 07/01/88 8. Automated Financial Records The use of computers in financial management is encour- aged. The provider utilizing automated systems must remember that there is an obligation to abide by their contract agreement with the department, Sections lA.3, Audits and Records; A.5, Retention of Records and HRSM 140-8, Chapter 6, HRSM 75-2, Chapter 7 and HRSM 55-2 A.3. In order to meet these requirements 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 fiscal officer or project director and placed into a permanent binder (general ledger). It is also recommended that the diskette containing this information be retained in the event that there is a future need to review the fiscal information required for that reporting period. c. Proper reference and back-up materials invoices, cancelled checks and bank statements must be dated and grouped accordingly on a monthly basis. such as properly d. least five released. All records and documents are to be retained for at years provided that applicable audits have been 9. Amendments and Chanqes a. Budget changes and/or adjustments shall be made according to the provisions of HRSM 140-8. b. Changes in the approved application for Community Care for Disabled Adults Funds not effecting the total contract amount are valid only when submitted in writing and approved by the department and provider. i- c. Any reduction or increase in total contract amount must be authorized through a contract amendment. ~ ., ~ .. ,.,.. .. ( . .... . .". 07/01/88 10. Abuse. Nea1ect and Exoloitation Reoorting If at any time an employee of the provider is aware of or suspects that abuse, neglect, or exploitation of children, disabled persons, or aged persons has occurred, as defined in Chapter 415, Florida Statutes, he/she is required to immediately report such known or suspected abuse or neglect to the department by calling the Abuse Registry, 1-800-342-9152. Failure of the employee to immediately report known or suspected abuse, neglect or exploitation may constitute a breach of contract and may result in termination of the contract. 11. Grievance and Fair Hearinas Procedures The provider will utilize the department's fair hearing system outlined in HRSM 195-1, Chapter 4 by which client served by the provider under this contract may present a request ~or a fair hearing. 12. ~ No fees shall be imposed other than those set by the department. Fees collected in compliance with departmental directives will be disposed of in a manner prescribed by the department. 13. P~o;ect Indeoendence Clause The provider agrees to hire qualified Project Indepen- dence participants into a minimum of NA percent of all entry- level vacancies in contracted positions which become available during the course of this contract. Project Independence partici- pants are defined as persons or household members receiving public assistance in the form of AFDC or food stamps" or households applying for AFDC. Qualified participants will be those who can meet all requirements of the available position as evaluated by the contractor. Project Independence participants will be identified (or verified) to the provider by the department. Entry-level jObs are defined as those jobs requiring education at or below high school level. If the provider enters into one or more subcontracts for ~_ the delivery of services called for in this contract, each subcon- tract which includes entry-level positions shall be bound by this same requirement (1) to fill a minimum of NA percent of the ~ntry level vacancies with Project Independence participants and ,2) to maintain and report the stipulated data on request. The provider agrees to maintain and report, when requested, the fOllOWing information: the total number of entry- level vacancies filled each month and year-to-datei total number 13 T' . " c (:i.~~. \J~;'(:."F 07/01/88 of Project Independence participants The contact person for the department Project Independence will be ~A considered but not hired. for matters pertaining to 14. Med~caid Waive= T~e cont=act ma~ager wi~~ forward an approved request ~or ?ay~e~.~ to.~he.a?p=o?riate :isca: o~=i?e only a:ter verifi~ation ==o~ ~ne D~st=~ct Y.a~age~ent Sys~e~~ tnat :ead agenc7 week~y 5abM~s3io~ 0: Daily Service ~ogs ~or ~edicaid Waiver c:ie~~3 is current a~:ess the ~ead agency ~3 reporti~g all service3 throush t~e ~icro co~pute= linkage ?rOCeS3. The advance reque3t~ for ~ne ~irst two months do not require veri~ication by district Managenent S73te~3. This verif~cation is not ~ub~itted wit~ the re~uest :or ?a~~ent. A :apse o~ two weeks is considered current. i"" ,,.' ::'4 .'..-.-.(....' , r - . r. ~ ~, ~., "0 ( FIN~CIAL AND COKPLIANC~'J:AUDI , Attachment 'II This attachment is applicable if the contractor is a state or local qovernment, universit~ hospital or other non-profit entity. It shall not apply if the total of all funds received or earned during the contractor's fiscal year from contracts with the department is less than $25,000. The contractor has "received" funds when cash has been obtained from the department or when expenses which will be reimbursed by the department have been incurred. Governmental contractors only may determine funds "received" in a manner consistent with their method of accountinq. ' The contractor agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current standards for Audit of Governmental Organizations, Pro ams Activities and Functions (the "Yellow BOOk") issued by the Comptroller General of the Un ted States. State and local governments shall comply with Office of Management and Budget (OMB) CirCUlar A-128, "Audits of State and Local Governments". Universities, hospitals and other nonprofit contractors shall comply with the audit requirements contained in Attachment F of . OMB Circular A-llO, "Grants and Agreements with Institutions of Higher Education, Hospitals and other nonprofit organizations," except as modified. Such audits shall cover the entire organization for the organization's tiscal year. The scope of the audits performed need only the financial and compliance . requirements of the "Yellow Book" and may disregard those related solely to economy and efficiency or to program result. Compliance findings related to contracts with the department shall be based on the.contract requirements, including any rules, regulations, or statutes referenced in the contract. .. Liabilities due to the deparment because of unexpended funds or because funds were not expended in accordance with contract terms shall be calculated and fully disclosed in the audit report. This requirement does not expand the scope of the audit as prescribed by the "Yellow Book." In addition to the basic financial statements, the audit report shall include: (a) a detailed schedule of all revenues identified by source, such as individual contracts by contract number, client fees and private donations and (b) a schedule of functional expenses which presents line item expenditures such as salaries, travel, and supplies by program service and supporting services, with the portion of ~otal supporting services allocable to programs presented as a single line item, increasing program services and decreasing supporting services. Where applicable, ths audit report shall include a computation showing whether or not matching requirements were met. ~-5-<. li 1 of 2 15 ',L'ne con'Crac1"( . ahall en.ure that audit ( 'rking pl'ln.~a are retained f minimum ot tive year. tr~. the d, )f ~e audit report is ~BBued, a~ are made available upon request to ~e department or its designee. Unless otherwise required by Florida Statutes, copies of ~e financial and compliance audit report and manaqement letter, if any, shall be submitted wi~ln 120 days atter the end of the . contractor's fiscal year to both: a. Office of Audit and Quality Control Services BUildinq 3, Room 219 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 b. Contract manaqer for the department: Patricia A. Gaddis 401 N.W. 2nd Avenue' "Suite S1020 Miami, Fl 33128 ,. " ~ " -...-.. f 2 of 2 lSA .... . ,- I