Resolution 270-1988
Louis LaTorre, Exec. Dir.
Social Services
RESOLUTION NO. 270 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE CCE CONTRACT NO. 89-55-878 BY AND
BETWEEN THE UNITED WAY OF DADE COUNTY/AREA
AGENCY ON AGING FOR DADE AND MONROE COUNTIES
AND THE MONROE COUNTY BOARD OF COUNTY COMMIS-
SIONERS/MONROE IN-HOME SERIVCES.
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 CCE Contract No. 89-55-878 by and
between the United Way of Dade County/Area Agency on Aging for
Dade and Monroe Counties and the Monroe County Board of County
Commissioners/Monroe 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
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BY: ~d =---I_~
M HAIRMAN
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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TITLE: CCE
CONTRACT NUMBER: 89-55-878
GENERAL REVENUE
CONTRACT BETWEEN
UNITED WAY OF DADE COUNTY, INC.
AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES
THIS CONTRACT is entered into between the UNITED WAY OF DADE
COUNTY/AREA AGENCY ON AGING FOR DADE AND MONROE COUNTIES, herein-
after referred to as the "Area Agency," and MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS/MONROE IN-HOME SERVICES , hereinafter
referred to as the "Lead Agency."
The Parties agree:
I. The Lead Agency agrees:
A. To provide services according to the conditions
specified in Attachment I.
B. Federal and State Laws and Regulations
1. If this contract contains Federal funds, the Lead
Agency shall comply with the provisions of 45 CFR,
Part 74, and other applicable regulations as
specified in Attachment I.
2. If this contract contains Federal funds and is over
$100,000, the Lead Agency 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 13G8 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 Lead Agency
under this contract.
2. To assure that these records shall be subject at all
times to inspection, review, or audit by Area Agency
and Department of Health and Rehabilitative
Services, State of Florida, personnel and other
personnel duly authorized by the Department, as well
as by Federal personnel.
3. To Maintain and file with the Area Agency such
progress, fiscal, inventory. and other reports as the
Area Agency 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
Area Agency as specified in Attachment II.
Additional audit requirements are specified in
Attachment I, Special Provisions, Section D. HL!
D. Retention of Records
1. To retain all financial records, support~g
documents, statistical records, and any o~her
documents pertinent to this contract for a period of
five (5) years after termination df this contract,
or if an audi t has been init i'ated and audi t 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 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.
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E. Monitoring
1. To provide progress reports, including data
reporting require~ents as specified in Attac~ent I.
These reports will be used for ~onitoring progress
or perfor~ance of the contractural services as
specified in Attach~ent I.
2. To provide access to, or to furnish whatever infor~-
ation is necessary to effect this ~onitoring.
3. To per~it the Area"Agency to ~onitor the afore~en-
tioned service progr~ operated by the Lead Agency
or subcontractor or assignee according to applicable
regulations of the State and Federal governNents.
Said ~onitoring will include access to all client
records.
F. IndeJlU\ification
The Lead Agency shall be liable, and agrees to be liable
for, and shall indeJlU\ify, defend, and hold the Area
Agency har~less fro~ all clai~s, suits, judge~ents or
da~ages, including court costs and attorney fees,
arising out of negligence or o~issions by the Lead
Agency in the course of the operation of this contract.
G. Insurance
The responsibility for providing adequate liability
insurance coverage on a co~prehensive basis shall be
that of the Lead Agency and shall be provided at all
ti~es during the existence of this contract. Upon the
execution of this contract, the Lead Agency shall
furnish the Area Agency with written verification of the
existence of such insurance coverage. If the Lead
Agency is a county or ~unicipality, the Lead Agency
shall furnish the Area Agency with written verification
of liability coverage in accordance with Section 768.28,
F.S.
H. Safeguarding Infor~ation
The Lead Agency shall not use or disclose any infor~a-
tion 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 InforNation
The Lead Agency shall sub~it to the Depart~ent Nanage-
Ment and progr~ data, including client identifiable
data, as specified by the Area Agency in Attac~ent I
for inclusion in the HRS Client InforMation Syste~.
J. AssignNents and Subcontracts
The Lead Agency shall neither assign the responsibility
of this contract to another party nor subcontract for
any of the work conte~plated under this contract without
prior written approval of the Area Agency. No such
approval by the Area Agency of any assignNent or sub-
contract shall be dee~ed in any event or in any Nanner
to provide for incurrence of any obligation of the Area
Agency in addition to the total dollar aNount agreed
upon in this contract. All such assignNentsior
subcontracts shall be subject to the conditions of this
contract (except Section 1, paragraph 0> and'to any
conditions of approval that the Area Agency shall dee~
neces~ary. The Lead Agency will be respon~ible for the
perforNance of any subcontractor. The Lead Agency shall
provide and subcontract for services in accordance with
the CCE Plan of Action.
K. Financial Reports
To provide financial reports to the Area Agency as
specified in Attach~ent I. A final expenditure report
will be Made to the Area Agency within forty (40) days
after the ter~ination of this contract.
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L. Return of Funds
The Lead Agency agrees to return to the Area Agency any
overpay~ents due to unearned funds or funds disallowed
pursuant to the ter~s of this contract that were
disbursed to the Lead Agency by the Area Agency. The
Lead Agency shall return any overpa~ent to the Area
Agency upon discovery of the overpa~ent. In the event
that the Area Agency first discovers an overpay~ent has
been made, the Area Agency will notify the Lead Agency
by letter of such a finding. Should repay~ent not be
~ade in a ti~ely ~anner, the Area Agency will charge
interest of one percent (1%) per ~onth co~pounded on the
outstanding balance after forty (40) days. Days will be
counted beginning with the day the ~ount was booked as
receivable by the Area Agency.
M. Unusual Incident Reporting
If services to clients will be provided under this
contract the Lead Agency and any subcontractors shall
report to the Area Agency unusual incidents in the
~anner prescribed in HRSR 0-10-1.
N. Transportation Disadvantaged
If clients will be transported under this contract, the
Lead Agency will subcontract with the designated
Coordinated Co~unity Transportation PrOVider, in
accordance with the local ~e~orand~ of agree~ent, or
otherwise COMply with the provisions of Chapter 427,
Florida Statutes. The Lead Agency shall sub~it to the
Area Agency the reports required pursuant to Vol~e 10,
HRS Accounting Procedures Manual.
O. Purchasing
It is expressly understood and agreed that any articles
which are the subject of, or rquired to carry out this
contract shall be purchased fro~ Prison Rehabilitative
Industries and Diversified Enterprises, Inc. (PRIDE)
identified Under Chapter 946, F.S., in the s~e ~anner
and under the procedures set forth in Section 946.515
(2), (4), F.S.; and for the purposes of this contract
the person, fir~, or other business entity carrying out
the provisions of this contract shall be dee~ed to be
substituted for this agency insofar as dealings with
PRIDE. This clause is not applicable to any sub-
contractors, unless otherwise required by law.
P. Civil Rights Certification
The Lead Agency 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 progr~s or activities receiving or
benefiting fro~ Federal financial assistance.
The Lead Agency agrees to co~plete the Civil Rights
Co~pliance Questionnaire, HRS For~s 946 A, and B if so
requested by the depart~ent.
The Lead Agency assures that it will co~ply with:
1. Title VI of the Civil Rights Act of 196\, as
aJIlended, 42 U.S.C...:lOOOd et. seq., which prohibits
discri~ination on the basis of race, coior, or
national origin in progr~s and activities receiving
Or benefiting from Federal financial a5sistance.
2. Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794, which prohibits discrimina-
tion on the basis of handicap in prograJlls and
activities receiving or benefiting fro~ Federal
financial assistance.
3. Title IX of the Education Amend~ents of 1972, as
amended, 20 U.S.C. 1681 et. seq., which prohibits
discri~ination on the basis of sex in education
progr~s and activities receiving or benefiting fro~
Federal financial assistance.
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4. The Age Discri~ination Act of 1975, as ~ended, 42
U.S.C. 6101 et. seq., which prohibits discrimination
on the basis of age in progra~s or activities
receiving or benefiting fro~ Federal financial
assistance.
5. The ~ibus Budget Reconciliation Act of 1981, P.L.
97-a5, which prohibits discri~ination on the basis
of sex and religion in progr~s and activities
receiving or benefiting fro~ Federal financial
assistance.
6. All regulations, guidelines, and standards lawfully
adopted under the above statues.
The Lead Agency agrees that co~pliance with this
assurance constitutes a condition of continued receipt
of or benefit from Federal financial assistance, and
that it is binding upon the Lead Agency, its successors,
tranSferees, and assignees for the period during which
such assistance is provided. The Lead Agency further
assures that all contractors, subcontractors, sub-
grantees or others with who~ it arranges to provide
services or benefits to participants or e~ployees in
connection with any of its progr~s and activities are
not discri~inating against those participants or
employees in violation of the above statues,
regulations, guidelines, and standards. In the event of
failure to comply, the Lead Agency understands that the
Grantor ~ay, at its discretion, seek a court order
requiring compliance with the terms of this assurance or
seek other appropriate judicial or a~inistrative
relief, to include assistance being ter~inated and
further assistance being denied.
Requirements of Section 287.058, Florida Statutes
1. To sub~it bills for fees or other compensation for
services or expenses in sufficient detail for a
proper pre-audit and post-audit thereof.
2. Where applicable, to sub~it bills for any travel
expenses in accordance with s.112.061, Florida
Statutes. The Depart~ent ~ay establish rates lower
than the maxim~ provided in 5.112.061.
3. To provide units of deliverables, including reports,
findings and drafts as specified in Attac~ent 31,
to be received and accepted by the Area Agency prior
to payPlent.
4. To comply with the criteria and final date by which
such criteria ~ust be met for completion of this
contract as specified in AttachNent 31.
5. To allow public access to all doc~ents, papers,
letters or other material subject to the provisions
of Chapter 119, F.S., and ~ade or received by the
Lead Agency in conjunction with this contract. It
is expressly understood that substantial evidence of
the Lead Agency's refusal to co~ply with this
provision shall constitute a breach of contract.
Withholdings and Other Benefits
1. The Lead Agency is responsible for
and Inco~e Tax withholdings.
2. The Lead Agency is not entitled to
or leave benefits except where the
state agency.
a. Unless justified by the Lead Agency and agreed to by
the Area Agency in the Special Provisions of this
contract, the Area Agency will not furnish services
of support nor~ally available to career service
employees (e.g., office space, office supplies,
telephone service, secretarial or clerical support.)
Area Agency Agrees:
Contract A~ount
To pay for contracted services according to the
conditions of Attac~ent I in the a~ount not to exceed
$454.400 subject to the availability of funds. The
Area Agency perfor~ance and obligation to pay under this
contract is contingent upon an annual appropriation by
the legislature.
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The
A.
Social Security
i
state retire~ent
Lead Agency is a
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III. The Lead Agency and Area Agency Mutually Agree:
A. Effective Date
1. This contract shall begin on July 1, 1999 or the
date on which the contract has been signed by both
parties, whichever is later.
2. This contract shall end on June 30, 1999.
B. Terl'llination
1. Terl'llination at Will
This contract l'Ilay be terl'llinated 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. Terl'llination Because of Lack of Funds
In the event funds to finance this contract beco~e
unavailable, the Area Agency l'Ilay terl'llinate the
contract upon no less than twenty-four (24) hours
notice in writing to the Lead Agency. 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. Terl'llination for Breach
Unless the Lead Agency breach is waived by the Area
Agency in writing, the Area Agency l'Ilay, by written
notice to the Lead Agency, terl'llinate 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 Area Agency l'Ilay el'llploy
the default provisions in Chapter 13A-1, Florida
AdIIlinistrative Code. Waiver of breach of any
provisions of this contract shall not be deel'lled to
be a waiver of any other breach and shall not be
contrued to be a l'Ilodification of the terl'lls of this
contract. The provisions herein do not lil'llit the
Area Agency's right to rel'lledies at law or to
diUllages.
C. Notice and Contact
The Contract Manager for the Area Agency for this
contract is Jose R. Fox The representative of the
Lead Agency responsible for the adl'llinistration of the
progral'll under this contract is Louis LaTorre. In the
event that different representatives are designated by
either party after execution of this contract, notice of
the niUlle and address of the new representative will be
rendered in writing to the other party and said
notification attached to the originals of this contract.
D. Renegotiation or Modification
1. Modifications of prqvisions 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 revision of
any applicable laws, or regulationsl'llake changes in
this contract necessary.
2. The rate of paYl'llent and the total dollariiUllount l'Ilay
be adjusted retroaciively to reflect price-level
increases and changes in the rate of paYl'llent when
these have been establisbed through tbe
appropriations process and subsequently identified
in the Area Agency's operating budget.
E. Nal'lle and Address of Payee \:>
1. Tbe-nawe an~ address of the official payee to whol'll
the paYl'llent sball be l'Ilade:
Monroe County Board of County Commissioners
1315 Whitehead Street
P.O. Box 1980
Key West. Florida 33041-1980
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2. The n~e of the contract person and street address
where financial and a~inistrative records are
l'laintained:
Louis LaTorre. Director-Monroe Countv Social Services
Monroe Countv Board of County Commissioners
1315 Wbitehead Street
P.O. Box 1980
Key West. Florida 33041-1980
F. All Terl'ls and Conditions Included
This contract and its attacbl'lents as referenced,
(ATTACHMENTS I, II, III, IV AND V) contain all tbe terl'ls
and conditions agreed upon by the parties.
Attachl'lent I: Conditions
Attachl'lent II: Financial and COl'lpliance Audits
Attachl'lent Ill: Civil Rigbts Certificate
Attacbl'lent IV: Plan of Action
Attacbl'lent V: Lead Agency Application
IN WITNESS THEREOF, the parties hereto have caused this
-1!- page contract to be executed by their undersigned officials
as duly authorized.
LEAD AGENCY
UNITED WAY OF DADE COUNTYI
AREA AGENCY ON AGING FOR DADE
AND MONROE COUNTIES
Signed By:
Signed By:
NaIlle :
NaIlle :
Jose R. Fox
(Please Print)
Title:
Mayor
Title:
Actinq Director
Date:
Date:
June 16. 198B
59-6000-749
Federal ID NUl'lber
3Y
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contract.cce( 1-5.1)
61BB
B.
C.
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Aging and Adult Services
Co~unity Care for the Elderly
COST REIMBURSEMENT
Advance Funding Provision
ATTACHMENT I
CONDITIONS
A.
Services to be Rendered:
1. The approved application for Co~unity Care for the
Elderly Fundinq (AttachNent V), hereinafter referred to
as the "A'P'Plication." and the attached Plan of Action
(AttachNent IV), and any revisions thereto approved by
the Area Agency, by physical attachNent to this
contract, is a part of this legal agreeNent and
prescribes the services to be rendered by the Lead
Agency.
Manner of Service Provision:
1. The services will be provided in a Nanner consistent
with and as described in the approved A'P'Plication
(AttacbJllent V), and the Plan of Action (AttachNent IV)
for Co~unity Care for the Elderly funds and HRSH 140-4,
Co~unity Care for the Elderly.
Hethod of PaYNent:
1. Subject to the availability of funds, the Area Agency
will reiRburse no Rore than a total dollar aMount of
$454.400 for expenditures Nade in accordance with the
approved application for Co~unity Care for the Elderly
funds.
2. PaYNent shall be on an advance and reiRburseRent basis
in accordance with HRSM 140-4 and the forRs used shall
be those approved by the departRent. All requests for
paYNent will be Nade using forRs approved by the
departRent. Expenditure reports will be subNitted to
support requests for paYNent using forRs approved by the
departRent. Replication of both forRs via data
processing equipRent is perNissible but replications
NuSt include all data eleNents included on departNent
forNs.
3. The Lead Agency may request a monthly advance for each
of the first three Ronths of the contract period, based
on anticipated cash needs. All reimbursement requests
for the fourth through twelfth months shall be based on
the SUbRission of Nonthly actual expenditure reports
beginning with the first Nonth of the contract.
4. The Lead Agency NaY request extraordinary cash in
addition to the above advance requests in accordance
with inforRation contained in the approved application.
The terN "extraordinary cash" used here Neans cash needs
resulting froN payables due within a given Nonth for
iteRs generally paid on a one tiRe, non-recurring basis
during the contract period. In accordance with HRSM
140-4 the aMount of the reiNbursement request for a
month for which extraordinary cash and needs advance was
Nade will be reduced by the aRount of the advance.
S. Requests for paYNent and expenditure reports~hall be
subNitted to Jose R. Fox Area Agency contract Nanager
at the following location: 600 Brickell Avenue. HiaNi.
Florida 33131. .
6. It is expressly understood that any paYNent due to the
Lead Agency by the Area Agency under the terNS of this
contract Ray be withheld until required prograM and
financial reports due from the Lead Agency, and
necessary adjustNents thereto, have been approved by the
contract Nanager.
7. All interest earned on contract fund advances, (for the
initial three months paYNents and any requests for
extraordinary cash) Nust be reported and returned
according to instructions.
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8. The Lead Agency ~ust submit the ~inal request ~or
paYNent to the Area Agency no ~ore than ~orty (40) days
a~ter the contract ends or is ter~inated and i~ the Lead
Agency ~ails to do so, all rights to paYNent are ~or-
~eited and the Area Agency will not honor any request
sub~itted a~ter the a~oresaid agreed-upon period.
9. A ~inal Receipt and Expenditures, HRS Form 577, Report
will be ~orwarded to the Area Agency within ~orty (40)
days a~ter the contract ends or is ter~inated. All
monies which have been paid to the Lead Agency which
have not been used to retire outstanding obligations o~
the contract being closed out must be re~unded to the
Area Agency along with the ~inal receipt and expenditure
report.
D. Special Provisions
1. Match:
Total CCE Lead Agency match ~or this contract period will be
at least $50.488 The Lead Agencies contribution will be
~ade in the ~or~ o~ cash and/or in-kind resources. By the
end o~ the sixth ~onth o~ the contract period, ~atching
~ounts provided ~ust be in proper proportion to the
Co~unity Care ~or the Elderly ~unds expended. At the end
o~ the contract period, all Co~unity Care ~or the Elderly
~unds expended Nust be properly ~atched.
I~ match is not proportional, the Lead Agency ~ust provide
the Area Agency with a written explanation indicating the
circumstances ~or the under~atch. At the end o~ the
contract period, all General Revenue ~unds expended ~ust be
properly ~atched.
2. State Laws and Requlations
a. The Lead Agency agrees to co~ply with applicable
parts o~ the Florida Statutes, State Rule 10A-I0,
F.A.C, pro~ulgated ~or a~inistration o~ Chapter
410-410.029, Florida Statutes, and HRSM 140-4.
b. The Lead Agency agrees to co~ply with State
licensing standards, all applicable standards,
criteria, ~anuals and guidelines o~ the Aging and
Adult Services Progr~, and any other applicable
~anuals, guidelines or criteria established by the
Area Agency.
3. Service Re~orts
The Lead Agency agrees to ~urnish the Area Agency with a
service report on the e~~ectiveness o~ the progr~ and
include statistics and in~or~ation that the Area Agency
Nay require. Said reports shall be ~de dating ~roN the
e~~ective date o~ this contract in a ~or~t and
according to a schedule provided by the Area Agency ~or
each report.
4. Monitorinq
Lead Agency agrees to conduct ~onitoring o~ subcon-
tractors according to a schedule described in HRSM 140-4
or other Area Agency related docunents. Copies o~
reports o~ such Nonitoring visits and the noti~ication
letter with agenda will be sub~itted to the Area Agency
and other appropriate agents on a ~or~at and~within ti~e
~r~es approved by the Area Agency.
5. Subcontracts
a. Area Agency approval of the Lead Agency application
~or CCE ~unds shall constitute Area Agency approval
of the Lead Agency subcontracts if the subcontracts
~ollow the service and ~unding infor~ation as
identified in the approved Lead Agency application.
b. The Area Agency agrees to provide technical
assistance to all Lead Agencies and to the Lead
Agency subcontractors, i~ requested by the Lead
Agency.
c. The Lead Agency agrees to conduct ~onitoring of
subcontract agencies according to a schedule
described in HRSM 140-4 or other Area Agency
documents. Copies o~ reports o~ such ~onitoring
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visits and the notification letter with agenda will
be sub~itted to the Area Agency and other
appropriate agents in a for~at and within ti~e
fr~es approved by the Area Agency.
6. Sus~ension
a. The Area Agency ~ay, for reasonable cause,
te~porarily suspend the use of funds by the Lead
Agency pending corrective action, or pending a
decision to ter~inate the contract.
b. The Area Agency ~ay prohibit the Lead Agency fro~
receiving further pay~ents and ~ay prohibit the Lead
Agency fro~ incurring additional obligations of
funds. The suspension Nay apply to only part, or
all of the Lead Agency's operations.
c. To suspend operations of the Lead Agency, the Area
Agency will notify the Lead Agency 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 actions are necessary to reNove the
suspension; the Lead Agency's right to a hearing;
and will grant the Lead Agency with a reasonable
tiNe period to request a hearing before the
effective date of the suspension (unless Lead Agency
actions warrant an iMmediate suspension).
1. Non-Ex~endable Pro~erty
a. npROPERTY- is equip~ent, fixtures, and other
tangible personal property of a non-consUMable
'nature, the value of which is $200.00 or Nore, and
the nor~al operational life of which is one year or
~ore. Property also includes hard-back covered
bound books, the value or cost of which is $25.00 or
Nore.
b. Prior written approval is required for the purchase
of any iteN of non-expendable property not included
in the approved application for COMmunity Care for
the Elderly funds.
c. All such property shall be listed on the property
record by description, ~anufacturer's Nodel nUMber,
serial nUMbers, date of acquisition and unit cost,
property inventory nUMber and inforNation on the
condition, transfer, replaceNent or disposition of
the prop~rty. Such property subNitted to the Area
Agency with the application requesting Co~unity
Care for the Elderly funds.
d. Disposition of non-expendable property and unused
supplies shall be in accordance with HRSM 140-4.
e. Title to all non-expendable property acquired with
funds fro~ this contract shall be vested with the
Lead Agency.
f. No real property is to be purchased with CCE funds.
9. Travel
a. Travel expenses shall be paid in accordance with
rates specified in Section 112.061, F.S., governing
paYNents by the State for travel expense and HRSR
40-1 (Official Travel of HRS ENployees and Non-HRS
E~ployees). i
b. Travel expenses Nay be reiNbursed in an aNount not
to exceed the NaxiNUM ~ount established by HRSR
40-1. .
c. An HRS travel for~, HRS Fro~ C-616 Nust be used.
d. The Lead Agency Nust retain on file in an auditable
for~at, dOCUMentation of all travel expenses to .
include the following data eleNents: n~e of the
traveler, dates of travel, travel destination,
purpose of travel, hours of departure and return,
per die~ or ~eals allowance, Nap Nileage, incidental
expenses, signature of payee and payee's supervisor.
e. Lead Agency ~ay consolidate the travel expense
clai~s for each individual to include travel for a
specific period of ti~e. Consolidated reports ~ust
be supported by a travel log which details each trip
for which travel expense is clai~ed.
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~. Prior approval is required in accordance witb
Section 112.061, F.S. ~or con~erence travel, and
~ust be certified on Form C-676C (State of Florida
Authorization to Incur Travel Expense) with a copy
o~ the program or agenda of the con~erence attached.
Reimburse~ent is in accordance with (a.) above. See
HRSK 140-1 for further explanation, clarification,
and instruction.
9. Copyrigbt Clause
Where activities supported by this project produce
original writing, sound recordings, pictorial
reproductions, drawings or other graphic representation
and works o~ any similar nature, the Area Agency has the
right to use, duplicate and disclose such materials in
whole or in part, in any ~anner, for any purpose what-
soever and to have others acting on behalf of the Area
Agency do so. I~ the material is copyrightable, the
Lead Agency may copyright such material, with approval
o~ the Area Agency, but the Area Agency will reserve a
royalty-~ree, non-exclusive and irrevocable license to
reproduce, publish, and use such materials, in whole or
in part, and to authorize others actj~g on behalf o~ the
Area Agency to do so.
10. Sponsorshiv
The Lead Agency assures that all notices, infor~ational
pamphlets, press releases, advertise~ents, descriptions
o~ the sponsorship o~ the program, research reports, and
similar public notices prepared and released by the Lead
Agency, shall include the statement: "Sponsored by
United Way/Area Agency on Aging ~or Dade and Monroe
Counties and the State o~ Florida, Department o~ Health
and Rehabilitative Services." I~ the sponsorship
re~erence is in written ~aterial, the words, "State of
Florida Depart~ent o~ Health and Rehabilitative
Services" shall appear in the SaMe size letters or type
as the na~e o~ the organization.
11. CIS Reporting
a. This clause supercedes Section 1.1 as the Area
Agency does not engage in direct service provision.
The Area Agency will assure through contractual
provision in their subcontracts with CCE Lead
Agencies that HRS Client In~orNation System data is
recorded and sub~itted to the Depart~ent in
accordance with HRSP 50-10.
b. The Area Agency shall require that the Lead Agencies
submit CIS data on Medicaid Waiver Clients on a
weekly basis unless the Area Agency is reporting all
services through the Microcomputer linkage process.
12. Reports
a. Submit a co~plete and accurate HRS Form 2006,
Service Cost Reports ~ro~ the Lead Agencies to the
contract ~anager within thirty (30) calendar days of
December 31st (6 ~onths report) and within thirty
( 30 ) calendar days o~ June 30th ( 12 ~onths report).
b. The Lead Agency will submit an annual report as
described in HRSM 140-4 to the contract ~nager by
7/20/89. ~
c. The Lead Agency will submit Fee Collection Reports
as described in HRSM 140-4 to the :contract manager
by 7/20/89.
13. Bonding
The Lead Agency agrees to ~urnish an insurance bond from
a responsible cOMNercial surety company covering all
o~~icers, employees and agents o~ the Lead Agency
authorized to handle ~unds received or disbursed under
this contract. This bond will be in an amount COMNen-
surate with the funds handled, the degrees o~ risk as
determined by the surety company and consistent with
good business practice.
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14. 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 Lead Agency utilizing automated systems must
remember that there is an obligation to abide by their
contract agreeNent with the DepartNent of Health and
Rehabilitative Services, Sections: I.C., Audits and
Records; I.D., Retention of Records, and I.E.,
Monitoring.
In order to Neet the requireNents of I.C., I.D., and
I.E., original records NUSt be kept in a reasonable
forN, naJllely:
a. A perNanent written <printed and dated) record of
financial transactions must be developed and
verified by the Lead Agency and retained in a Nanner
to facilitate inspection by auditors and prograN
l'Ionitors.
b. CONputer Naintained financial records must be
printed out at least l'Iontbly, properly recorded/
dated, initialed by the fiscal officer or project
director and placed into a perNanent binder <general
ledger ).
It is also.reco~ended that the diskette containing
tbis information be retained in the event that there
is a future need to review the fiscal information
required for the reporting period.
c. Proper reference and back-up l'Iaterials such as
invoices, cancelled checks and bank statements Nust
be properly dated and grouped accordingly on a
Nonthly basis.
d. All records and docUNentation Nust be kept for at
least five (5) years.
15. ANendNents and Chanaes
a. Budget changes and/or adjusteNents sball be l'Iade
according to the provisions of HRSM 140-4.
b. Changes in the approved proposal for Co~unity Care
for the Elderly funds not affecting the total
contract aJIIount are valid only when subNitted in
writing and approved by the Area Agency and Lead
Agency.
c. Any reduction or increase in total contract aNount
l'Iust be authorized through a contract aJIIendNent.
16. Abuse. Nealect and Ex~loltation Re~ortina
If at any time an el'lployee of the Lead Agency 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 i~ediately report such known or
suspected abuse or neglect to the Department by calling
the Abuse Registry, 1-800-342-9152. Failure of the
eNployee to i~ediately report known or suspected abuse,
neglect or exploitation NaY constitute a breach of
contract and Nay result in terNination of th, contract.
17. Acauisitions of Word and/or Data Processina Hardware.
Software and Services .
All inforRation techno~ogy resource aQquisitions require
an approved Information Resources Request for all
cONputer technology related resources prior to reim-
bursing the Lead Agency. The Lead Agency NUSt receive
prior written approval to purchase such resources from
the District ManageNent Systel'ls Director and the Area
Agency.
18. Grievance and Fair Hearina Procedures
The Area Agency will assure through contractual
provisions that Lead Agencies utilize the fair hearing
systeN outlined in HRSM 140-1 through which clients ...ay
present a request for a fair hearing.
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19. Project Indevendence
The Depart~ent ha~ i~ple~ented Project Independence, an
initiative to a~sist public assistance recipients to
enter and re~ain on gainful e~ploy~ent. ~ploy~ent of
Project Independence participants is a ~utually
beneficial goal for the Area Agency and the Depart~ent
in that it provides qualified entry level e~ployees
needed by ~any Lead Agencie~ and provides substantial
savings to the citizens of Florida.
The Lead Agency or its agent agree~ to notify the
Depart~ent of entry level e~ploy~ent opportunities
associated with this contract that require a high school
education or less. The Depart~ent will 'provide
infor~ation to the Lead Agency identifying Projec(
Independence clients that are referred-to the Lead
Agency. In the event that the Lead Agency or its ~gent
e~ploys a person who was referred by the DepartNent.s
Project Independence office, the Lead Agency will notify
the Depart~ent. .
20. Priority for services will be given to.victi~s of Adult
Abuse, neglect or exploitation.
21. As this current Area Agency on Aging for Dade and Monroe
Counties is being dissolved effective 12/31/88, this
contract will be assigned to the new Area Agency on
Aging for Dade and Monroe Counties effective 1/1/89.
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contract.cce(6-11 )
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ATTACHMENT II
Financial and CO~Dliance Audits
1. This attach~ent is applicable if the provider is a state or
local governMent, university, hospital or other non-profit
entity. It shall not apply if the total of all funds
received during the Lead Agency's fiscal year fro~ contracts
with the Area Agency is less than $25,000.
The Lead Agency agrees to have an annual financial and
co~pliance audit perfor~ed, by independent auditors in
accordance with Standards for Audit of GovernMental
Orqanizations. ProqraPIs. Ac.tivities. and Functions developed
by the Co~ptroller General -of the United States, dated
February 27, 1981 (al so referred to as the "ye 11 ow book" and
generally accepted governMental auditing standards). State
and local governMents shall co~ply with Office of Manage~ent
and BUdget (OMB) Circular A-128, "Audits of State and Local
Govern~ents" dated April 15, 1985. Universities, hospitals
and other nonprofit providers shall co~ply with OHB Circular
A-ll0, "Grants and Agree~ents with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations." Such
audits shall cover the entire organization for the organization's
fiscal year.
Section 5.f, 6., 7., 8., 12., 13., 14. and 15. of OHB
Circular A-128 shall apply to all audits. The Lead Agency
shall assure that audit workpapers and reports are retained
for a ~ini~~ of five (5) years fro~ the date of the audit
report, unless the auditor is notified in writing by the
Area Agency to extend the retention period. The Lead Agency
shall also ensure that audit workpapers are ~de available
upon request to the Area Agency or its designee.
The scope of Standards for Audit of GovernMental
Orqanizations. ProqraPIs. Activities. and Functions ( the
"yellow book") includes (1) financial and co~pliance, (2)
econo~y and efficiency and (3) prograPI results. For
purposes of this attac~ent, the scope of audits perfor~ed
should include only financial and co~pliance.
Contracts containing Federal funds shall be audited for
fiscal years beginning after June 30, 1985. For eXaPlple,
the first audit required by this Attach~ent for contracts
ending June 30, 1986 is for the period July 1, 1985 through
June 30, 1986. All contracts beginning after June 30, 1986,
whether containing Federal funds or not; shall be audited in
accordance with these provisions.
II. Four (4) copies of the audit report ~ust be sub~itted to the
Area Agency on Aging within one hundred-ten (110) days after
the end of the Lead Agency's fiscal year unless otherwise
required by Florida Statutes. If a ~anage~ent letter or any
other reports or correspondence relating to the audit
findings or reCOMmendations are issued in connection with
the audit, copies ~ust acco~pany the audit repor..
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contract.cce( 12)
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ATTACHnENT I I I
CIVIL RIGHTS CERTIFICATE
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF
1964, SECTION 504 OF THE REHABILITATION 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 for
the purpose of obtaining Federal grants, loans, contracts (except
contracts of insurance or guaranty>, property, discounts, or other
Federal financial assistance to progr~s or activities receiving
or benefiting fro~ Federal financial assistance.
The applicant assures that it will co~ply with:
1. Title VI of the Civil Rights Act of 1964, a~ ~ended, 42
U.S.C. 2000d et ~., which prohibits discri~ination on
the basis of race, color, or national origin in progr~s
and activities receiving or benefiting fro~ Federal
financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as
aRended, 29 U.S.C. 794, which prohibits discri~ination
on the basis of handicap in progr~s and activities
receiving or benefiting fro~ Federal financial
assistance.
3. Title IX of the Education ~en~ents of 1972, as
aNended, 20 U.S.C. 1681 ~ ~., which prohibits
discri~ination on the basis of sex in education progr~s
and activities receiving or benefiting fro~ Federal
financial assistance.
4. The Age DiscriRination Act of 1975, as ~ended, 42
U.S.C. 6101 ~ ~., which prohibits discri.ination on
the basis of age in prograRs or activities receiving or
benefiting froR Federal financial assistance.
5. The ORnibus Budget Reconciliation Act of 1981, P.L.
97-35, which prohibits discriRination on the basis of
sex and religion in progr~s and activities receiving or
benefiting fro~ Federal financial assistance.
6. All regulations, guidelines, and standards lawfully
adopted under the above statutes.
The applicant agrees that co~pliance with this assurance
constitutes a condition of continued receipt of or benefit fro~
Federal financial aSSistance, and that it is binding upon the
applicant, its successors, transferees, and assignees for the
period during which such assistance is provided. The applicant
further assures that all contractors, sUbcontractors, subgrantees
or others with who~ it arranges to provide services or benefits to
participants or e~ployees in connection with any of its progra~s
or activities are not discri~inating against those participants or
e~ployees in violation of the above statutes, regUlations,
guidelines, and standards. In the event of failure to co~ply, the
applicant understands that the Grantor Nay, at its disdretion,
seek a court order requiring co~pl'iance with the ter~s ,of this
assurance or seek other appropriate jUdicial or ad~inistrative
relief, to include assistance being ter~inated ~nd further
assistance being denied.
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contract. cce( 13 )