HomeMy WebLinkAboutItem #05 Approval to Execute Emergency Medical Svcs Agrmnt between Orange County and Ocoee, FL
AGENDA ITEM COVER SHEET
Meeting Date: June 1. 2010
Item # 5
Contact Name:
Contact Number:
Pete McNeil
407 -905-3140
Reviewed By:
Department Director:
City Manager:
Subject: Approval to execute Emergency Medical Services Agreement between Orange County,
Florida and Ocoee, Florida
Background Summary:
In order to improve and expand the City of Ocoee's pre-hospital Emergency Medical Services, the Fire
Department requested and was awarded a 100% non-matching grant from Orange County EMS for a fully
equipped Life Pak-15 Monitor I Defibrillator.
Issue:
The Life Pak-15 Monitor I Defibrillator, valued at a $32,390, was purchased by Orange County EMS for the City of
Ocoee. The monitor defibrillator has been received and is now in service. The subject agreement must be
executed in order to complete the award process.
Recommendations
Recommend approval to execute the Emergency Medical Services Agreement between Orange County and
Ocoee, Florida
Attachments:
Emergency Medical Services Interlocal Agreement
Financial Impact:
This agreement will have no negative financial impact on our budget. The EMS Grant addressed in this
Agreement is fully funded by Orange County EMS. No cost is incurred by the City of Ocoee.
Type of Item: (please marl< with an "x'J
Public Hearing
Ordinance First Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerl<'s DeDt Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
X Original Document/Contract Attached for Execution by City Clerk
- Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
EMERGENCY MEDICAL SERVICES
AGREEMENT
BETWEEN
ORANGE COUNTY, FLORIDA
AND
City of Ocoee Fire Department
TI-llS EMERGENCY MEDICAL SERVICES AGREEMENT is entered into this
day of , 2010, by and between Orange County, a
political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY," and to the City of Ocoee Fire Department, hereinafter referred to as the
"OWNER."
WHEREAS, under Section 401.113(2), Florida Statutes, the Department of
Health: Bureau of Emergency Medical Services, hereinafter referred to as the
"DEP ARTMENT" shall annually dispense funds contained in the Emergency
- Medical Services Trust Fund; and
WHEREAS, the COUNTY has applied for its proportion of funds from said
Trust Fund; and
WHEREAS, Section 401.113(2)(a), Florida Statutes (hereinafter the
"Statute"), provides that an individual Board of County Commissioners may
distribute funds received under the Statute to licensed Emergency Medical Services
Providers within the County as designated by the Emergency Medical Service (EMS)
grant award; and
WHEREAS, such grant money shall be used solely to improve and expand
pre-hospital Emergency Medical Services and will not be used to supplant or replace
any other funds; and
WHEREAS, the Board of County Commissioners of Orange County, Florida,
has agreed to purchase and distribute equipment and/or services or both, pursuant to
grant award #C-9048 to the City ofOcoee Fire Department, (OWNER).
NOW, THEREFORE, the parties hereto agree as follows:
1. OWNER agrees, warrants and covenants as follows.
a. To use the facilities, vehicles, and equipment purchased under the grant
award, solely for EMS throughout their useful life. Failure to use the facilities,
vehicles and equipment for EMS will result in termination of this Agreement, items
being returned to the COUNTY and further restrictions on future allocations.
b. To accept full title to all designated equipment purchased with EMS grant
funds. An Equipment Release Form will be provided at the time of distribution
(Attached as Exhibit "A").
c. To clearly document the assignment of equipment and usage and provide
such documentation to the COUNTY within thirty (30) days of the assignment.
d. To be responsible for properly insuring, licensing and maintaining
equipment purchased with county EMS grant funds for the useful life of the
equipment.
e. To notify the COUNTY upon the loss, destruction, or theft of the
equipment.
f. To not sell, lease, rent, lend, encumber or dispose of said equipment without
the written permission from the COUNTY.
g. To provide access to all such information, reports and documents as may be
required for the COUNTY to monitor the grant.
h. To comply with all terms and conditions imposed on the COUNTY as
"original owner" of the equipment. A copy of the grant requirements is attached as
Exhibit "B" and incorporated herein.
i. That OWNER is duly authorized by law to provide pre-hospital Emergency
Medical Services and shall maintain all licenses and approvals required by any law,
rule or regulation of the State of Florida required for the rendering of pre-hospital
Emergency Medical Services.
j. That the COUNTY's sole responsibility is to distribute the designated
equipment and/or services or both, pursuant to the grant award.
k. That the undersigned possesses the authority to legally execute and bind
OWNER to the terms of this Agreement.
2. COUNTY agrees, covenants and warrants:
a. To comply with all terms and conditions as "Grantee" of the grant award.
b. To purchase and distribute the designated EMS equipment and/or services
or both to OWNER.
c. To transfer title of the designated equipment to OWNER at the time of
distribution.
3. This Agreement may be terminated upon the OWNER returning all equipment
purchased with EMS grant funds to the COUNTY.
IN WITNESS WHEREOF, the parties hereto have caused this EMS Agreement to be
executed by their undersigned officials as duly authorized.
Orange County, Florida
By: Board of County Commissioners
By:
County Mayor
Date:
Attest: Martha Haynie, Comptroller
As Clerk to the Board of County Commissioners
By:
Deputy Clerk
City of Ocoee Fire Department
il
By: ,~<)-S';z;( /Jc... LA
'-"> \
Title: tv\('\~DY) Occe-e.,
Date:
Federal Employer J.D. #
Attest:
Title: ~{ Ci er t: I 0 cae e...
By:
FLORIDA
Office of the Medical Director
2002-A E. Michigan St., Orlando, Florida 32806
Telephone (407) 836-8960 * Fax (407) 836-7625
EMS County Grant C-9048
Year 2009-10
Equipment for City of Ocoee Fire Department
Descri tion
LP 15 monitor/defib
Station battery charger
Li-ion battery 5.7 am
Kit carry bag main bag
Kit carry bag shoulder strap
Kit carry ba rear ouch
To Pouch
Model
Item Number
SIN 38802833
LlC 100226
LlC 1009
Quantity
1
1
3
1
1
1
1
Equipment Picked up by:
d~
Sj'goature
/
<.... ;-\-"l,., (\ '6 \ c..c\-\. -. C.~--,( "
Print Name
lS\S\IO
Date
Exhibit A
PO Number
M47723
"
"
"
"
"
"EXHIBIT B" EMS County Grant
General Conditions
1. The qrantee hereby aqrees to:
a. improve the existing quality of
prehospital EMS activities, services, or to
decrease patient mortality and morbidity; and
b. to expand the extent, size or number
of existing prehospital EMS activities or services.
The activities and services to be provided are
described in the EMS county grant application
and its department approved revisions on file in
the state of Florida, Department of Health, Bureau
of EMS, Tallahassee, Florida.
2. Statute and Rule: Prehospital EMS
activities will be rendered by the grantee in a
manner consistent with Chapter 401, Florida
Statutes, Chapter 64E-2.030, FI.orida
Administrative Code, and the work plan In the
grantee's EMS county grant application and its
department approved revisions on file with the
department. Further, the grantee agrees to
implement provisions of this grant in accordance
with federal, state, and local laws, and rules,
regulations, and policies.
3. Confidentiality: The grantee shall not use
or disclose any client/patient information under
this grant for any purpose not in c~nformity with
state regulations and federal regulations (45 CER,
Part 205.50) except upon written consent of the
client/patient or his/her responsible parent or
guardian as authorized by law.
4. Incident ReDortinq:
a. Client Risk Prevention. If services
to clients will be provided under this grant, the
grantee and any s.ubc(:lntractor~ shall, in
accordance with the client risk prevention system,
report those situations listed in Department ?f
Children and Familities 215-6, Paragraph 5, In
the manner prescribed in that regulation.
b. Abuse, Neglect and Exploitation
Reporting. In compliance with Chapter415, F.S.,
an employee of the grantee who knows, or has
reasonable cause to suspect, that a child, aged
person or disabled adult is or has been abused,
neglected, or exploited, shall immediately report
such knowledge or suspicion to the central abuse
registry and tracking system of the department
on the single statewide toll-free telephone number
(1-800-96ABUSE).
5. Availability of Funds: EMS county grants
are subject to the availability of funds. The
department's performance and obligation to pay
under this grant is contingent upon a sufficient
annual appropriation by the Florida Legislature
and adequate cash in the EMS Trust Fund.
6. Decals: The department may provide the
grantee DOH logos and decals. If so, the grantee
shall affix these, in a prominent location, to all
equipment purchased in whole or part with grant
funds.
7. Computer Hardware/Software: The
grantee agrees that all computer hardware and
software shall be approved in writing by the state
Bureau of EMS. Costs of computer equipment
and activities which do not have this prepurchase
approval are not allowable.
8. Communications: The grantee agrees that
all communications activities, services, and
equipment shall be approved in writing by the
Florida Department of Management Services,
Information Technology Program (ITP) as required
by chapter 401.024, F.S. The written approval
must be dated after the beginning date of the
grant and prior to any commitment to purchase
the requested equipment and/or services. This
approval is required in addition to any previous
ITP recommendation, review, conceptual or other
approval dated prior to the beginning date of ~he
grant. Costs incurred prior to the grant startmg
date cannot be paid under the grant. For further
information contact:
Director
Information Technology Program
Department of Management Services
4050 Esplanade Way, Building 4030
Tallahassee, Florida 32399-0950
(850)922-7415 or (SC)292-7415
9. Travel/oer diem: Travel and per diem
expenses shall be in compliance with seeton
112.061, F.S. The grantee shall be solely
responsible for all costs:
a. which the grantee pays prior to the
beginning date of the project;
b. which the grantee does not
encumber before the grant ending date, and
c. which the grantee encumbered
before the grant ending date but pays 41 or
more days after the ending date of the grant.
1 O. Purchasin~r A Vendor Ombudsman has
been established within the department of Banking
1~
"EXHIBIT B"
and Finance. The duties of this individual include
acting as an advocate for vendors who may be
experiencing problems in obtaining timely
payment(s) from the state agency. The Vendor
Ombudsman may be contacted at (850) 488-2924
or the State Comptroller's Hotline, 1-800-848-
3792.
11. Ownershio/Assionment: The grantee shall
own all items including vehicles, buildings and
equipment purchased with state EMS county.grant
funds unless otherwise described in the grant
application. The grantee shall clearly document
the assignment of equipment ownership and
usage, and maintain these documents so they
are available during monitoring by the state. The
owner ofvehicles and equipment purchased with
state EMS grant funds shall be responsible for its
proper insurance, licensing, permitting, and
maintenance. .
When any state EMS grant funded equipment
ceases to have any useful life it may be sold for
scrap or disposed of in the customary way that
the agency disposes of equipment which has no
further fun.ctional use. The grantee must use the
resulting funds, if any, for prehospital EMS in
Florida.
If a private organization is the owner of any
equipment funded in whole or part by state EMS
grant funds, and purchased that equipment to
provide services for a municipality,. county, or
other public agency, and the services cease
within five years after the grant ends, the
ownership of the equipment must be tr.ansferred
to that municipality, county or other publ!c agency.
There shall he no cost to the recipient
organization. This is applicable ev.en when
services cease due to a contract ending or for
any other reason.
12. Maintenance of Efforts: Any improvement
or expansion brought about in whole or part by
grant funds shall be maintain.ed fo.r ~ve years
after the project ends. Reduction wIthin the five
years which is not approved by the Bureau,
shall necessitate the return by the grantee of the
involved project's funds plus interest if any, as
specified by the department. The grantee ~ust
send the funds within 40 days of written
notification by the department.
After the five years, all equipment purchased with
state EMS grant funds must continue to be used
for prehospital EMS in Florida throughout its useful
life, whether owned by the grantee or others. If
a violation is found at any time after the five years,
regardless of equipment ownership at that time,
one half of current value of the items must be
returned to the state by the granteewho received
the grant underwhich the original purchases were
made.
13. Lobbvino: The grantee agrees to comply
with the provisions of sections 11.062 and
216.347, F.S.. which prohibit the expenditure of
grant funds for th e purpose of lobbying the
Legislature, judicial branch, or a state agency.
14. Monitorina: The grantee agrees to assign
a person to maintain a file for each grant which
includes a copy of the Notice of Grant Award
letter, Bureau approved application including
approved budget and all appendixes, approved
changes, and this grant manual. The grantee
shall ensure that any financial documents related
to this activity are made available to the bureau
or its designee upon request, for a period of five
years from the ending date of the grant. The
grantee, his subgrantee(s) or contractor(s) and
assignee(s) shall provide during reasonable hours
whatever information is necessary for the
department to monitorthe grant, including access
to client records related to the grant.
15. Income. Fees. and Other Cash: If project
activity results in the payment to the grantee or
other party of income, fees, or cash of any other
kind, the total amount of that cash shall be applied
to the costs of the project.
Before any state funds can be assigned as
allowable costs, the total amount of such cash
paid during the grant shall be applied to the total
activity costs after the ending of the grant and all
costs are final.
EMS County Grant
General Requirements
The EMS County grant general conditions and
requirements are an integral part of the county grant
agreement between the agency/organization (grantee)
and the state of Florida, Department of Health (grantor
or department). In the event of a conflict, the following
requirements shall always be controlling:
1. Records: The grantee shall maintain financial
and other documents related to the grants to support
all revenue and expenditures. The final expenditure
report shall include all expenditures of the EMS County
Grant funds for the grant period.
Bills and payment records for fees or other
compensation for services and ex;penses shall be
maintained by the grantee in sufficient detail for the
proper pre-audit, post-audit, and monitoring review of
the grantee's records by the department.
2. Indemnification: If the grantee is a state
agency or subdivision as defined in section 768.28, F.S.,
only the following paragraph lib" is applicable. Other
than state agencies or subdivisions only paragraph "a"
is applicable.
a. The grantee agrees to be liable for all
claims, suits, judgements, or damages, including court
costs and attomey's fees, arising out of the negligent or
intentional acts or omissions of the grantee and its
agents, subcontractors, and employees, in the course
of the operation of this grant. Further, the grantee agrees
to indemnify the department against all claims, suits,
. judgements, or damages, including court costs and
attomey's fees, arising out of the negligent or intentional
acts or omissions of the grantee and its agents,
subcontractors, and employees, in the course of the
operation of this grant. Also, the grantee agrees to
defend the department, upon receiving timely written
notification from the department, against all claims,
suits, judgements, or damages, including costs and
attomey fees, arising out of negligent or intentional
acts or omissions of the grantee and its agents,
subcontractors, and employees, in the course of
the operation of this grant. Where the grantee
and the department commit joint negligent acts,
the grantee shall not be liable for nor have any
obligation to defend the department with respect
to the part of the joint negligent act committed by
the department. In no event shall the grantee be
liable for or have obligation to defend the
department against such claims, suits, judgements,
or damages, including costs and attorney fees,
arising out of the sole negligent acts of the
department.
b. Any grantee who is a state agency
or subdivision, as defined in section 768.28, F.S.,
agrees to be fully responsible for its negligent
acts or omissions or intentional tortious acts which
result in claims or suits against the department,
and agrees to be liable for any damages
proximately caused by said acts or omissions.
Nothing herein is intended to serve as a waiver
of sovereign immunity by any grantee to which
sovereign immunity applies. Nothing herein shall
be construed as consent by a state agency or
subdivision of the State of Florida to be sued by
their parties in any matter arising out of any grant.
The grantee agrees that it is independent of the
department and not an agent or employee, unless
it is organizationally within the department.
3. Notice of Grant Award: All EMS county grants
are made in accordance with section
401.113(2)(a), Florida Statutes, and are made
by an EMS Notice of Grant Award letter. The
Notice of Grant Award letter (appendix A)-and
the contents of this manual contain by reference
all regulations, rules, and other conditions
governing this grant.
4. Advance Distribution (Pavment): The
department agrees to request advance distribution
(payment) of the full grant amount after the Notice
of Grant Award letter is sent to the grantee. This
payment will be sent as cash flow permits.
5. Supolantino Funds: EMS County Grant
funds shall not be used to supplant (replace) any
part of the grantee's regular EMS budget
allocation. The grantee shall not use any county
or matching grant funds to supplant or replace
any other funds unless specified in the approved
application. County award funds dispensed under
section 401.113(2)(a), F.S., cannot be used to
fulfill the matching requirement for any state EMS
matching grant under section 401.113(2)(b), F.S.
6. Reaffirmation of Terms and Conditions: All
terms, conditions, and provisions of this grant
and manual, and othei applicable documents are
hereby reaffirmed. The grantee acknowledges
acceptance of the grant terms and conditions
when the grantee draws money or otheroNise
obtains funds from the state grant payment system.
Financial
1. EMS County Fund Accountinq: All state
EMS grant funds shall be deposited by the
grantee in an account maintained by the grantee,
and C1ssigned a unique accounting code
designator for all grant deposits and
disbursements or expenditures thereof. All state
EMS grant funds in the account maintained by
the grantee shall be accounted for separately from
all other grantee funds.
2. Use of County Grant Funds: All state EMS
grant funds shall be used between the beginning
and ending sates of the grant solely for activities
as outlined in the Notice of Grant Award letter, its
attachments if any. and the application including
its budget with its revisions, if any. on file in the
state EMS office.
The grantee is not restricted to staying within the
line item amounts within the approved grant
budget. However, the grantee must stay within
the approved total grant budget. Any expenditures
beyond this budget are the full responsibility of
the grantee.
3.
15
The authority to spend or encumber grant
funds expires on the ending date of the grant
time period. which is cited in the Notice of Grant -
Award letter. Encumbered funds must be' paid
within 40 days of the grant ending date.
Unencumbered EMS County
Grant Funds (Rollovers)
Any unemcumbered EMS county grant program
funds, including interest, remaining in the
assigned grantee account at the end of a grant
period shall be reported to the department. The
grantee will retain these funds in the EMS County
Grant account and include them in the budget of
the next county grant application.
Disallowed Expenditures
No expenditures are allowable as grant costs
unless they clearly are specified as a line item in
the approved grant budget, including approved
change requests, or are clearly included under
an existing line item. '
Any disalrowed EMS county grant expenditure
shall be returned to the EMS county grant account
maintained by the grantee within 40 days after
the department's notification. The costs of
disallowed items are the responsibility of the
county.
Revisions
The grantee shall obtain written approval from the
state EMS grant manager, on the Grant Change
Request form (Appendix B) prior to any of the
following changes to the approved grant budget.
1. Adding a new line item to the
approved budget.
2. Increasing a salary rate of payor
other payment rate to an individual for services,
by more than ten percent.
3. Beginning a sub-grantee or
contractor relationship that is not specifically
identified in the approved budget or application.
Reports and Documentation
1. Due Dates: The grantee shall send to the
state EMS grant manager one original and one
copy ofthe required reports by the date specified
in the Notice of Award letter. progam activity
and expenditure reports will be used to ensure
16
adequate monitoring and auditing of the grantee.
2. Expenditure Reports: The Expenditure
Report (Appendix C-1) indicates all agreed upon
budget expenditures and contains columns to be
completed for reports. Reports cover a six, nine
and twelve month period of activities (final report).
The expenditure Plan (Item 7) in your approved
application has a blank "expenditures year-to-
date" column to report expenditures and a place
to write the amount of interest earned on the state
funds. Copy this page, complete it, and submit it
for your expenditure reports.
3. Proqram Activitv Report: The Program Activity
Report (DH Form 1684A, Jan. 98) must be provided at
the end by the date specified in the Notice of Grant Award
letter. Report all.program activities as described in the
aooroved arant work olan and subseauent amendments
approved Tn Change' Req uests. The' report must cover
the entire grant period.
4. Withheld Payment: Any payments due the
grantee under the terms of this grant may be withheld
until the grantee provides all reports that the grantee
owes to the department, and the department has
approved all of the grantee's reports and is satisfied the
grantee has met all obligations.
5. Earlv Termination: If the project
accomplishes all of its objectives before the grant
ending date, the grantee may request that the
grant be closed, and send a final expenditure
and program activity report. If the state EMS
grant manager approves, the manager will close
the grant. Thereafter, because the grant has
ended, there can be no further activities or
expenditures under the grant.
Credit Statement
The grantee ensures that where activities supported by
this grant produce original writing, sound recording,
pictorial reproductions, drawings or other graphic
representations and works of any other nature, notices,
informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the
program, research reports, and similar public notices
prepared and released by the provider shall include the
statement:
.Sponsored by [Your Organization's Name] and the State
of Florida, Department of Health, Office of Emergency
Medical Services."
If the sponsorship reference is in written or other visual
material, the word, "State of Florida, Department of
Health, Bureau of Emergency Medical Services" shall
appear in the same size letter or type as the name of
the grantee's organization.
One complimentary (free) copy of all such materials
shall be sent to the department within three weeks of
their reproduction and delivery to the grantee.
If the proper credit statement is not included, or if a copy
of each item produced is not provided to the department
within three weeks, the cost for any such materials
produced shall be disallowed.
Where activities supported by this grant produce writing,
sound recordings, pictorial reproductions, drawings, or
other graphic representations and works of any similar
nature, the department has the right to use, duplicate
and disclose such materials in whole or in part, in any
manner, for any purpose whatsoever and to have others
acting on behalf of the department to do so. If the
materials so developed are subject to copyright,
trademark, .or patent, legal title and every right, interest,
claim, or demand of any kind in and to any patent,
trademark or copyright, or application for the same, will
vest in the state of Florida, Department of State, for the
exclusive use and benefits of the state. Pursuant to
section 286.021, F.S., no person, firm or corporation,
including parties to this grant, shall be entitled to use
the copyright, patent or trademark without the prior
written consent of the Department of State.
Civil Rights Assurance
The grantee gives these assurances for federal grants,
loans, contracts (except contracts of insurance or
guaranty), property, discounts, or other federal financial
assistance to programs or activities receiving or
benefiting from federal financial assistance.
The grantee agrees to complete the Civil Rights
Compliance questionnaire, HRS Forms 946A and B, if
requested by the department. . ~
Although no federal funds are involved in this grant the
grantee ensures that he/she will comply with the
following the same as if federal funds were being
provided:
1. 1itle VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000d et seq., which prohibits
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 Rehabilitative 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 XI of the Education Am.endments of
1972, as amended, 20 U.S.C. 1681 et seq., which
prohibits discrimination on the basis of sex in education
programs and activities receiving or benefiting from
federal financial assistance.
4. The Age Discrimination Act of 1975, as
amended, '42 U.S.C. 6101 et seq., which prohibits
discrimination on the basis of age in programs or
activities receiving or benefiting from federal financial
assistance. .
5. Section 654 of the Omnibus Budget
Reconciliation Act of 1981, as amended, 42 U.S.C.
9849, which prohibits discrimination on the basis of race,
creed, color, national origin, sex, handicaps, political
affiliation or belief.
6. The Americans with Disabilities Act of
1990, P.L. 101-336, which prohibits discrimination on
the basis of disability and requires reasonable
accommodation for persons with disabilities.
7. U.S. Department of Health and Human
Services Regulations for Protection of Human Subjects
(45 CFR. as amended) regarding the protection of
human research subjects.
8. All regulations, guidelines, and standards
lawfully adopted under the preceding statutes.
The grantee agrees that compliance with this assurance
constitutes a condition of continued receipt of, or benefit
from state EMS funds, and that it is binding upon the
grantee, successors, transferors, and assignees for the
period during which such assistance is provided. The
grantee further ensures that all contractors,
subcontractors, sub-grantees or others with whom it
arranges to provide services or benefits to participants
or employees in connection with any of its programs
and activities are not discriminating against those
participants or employees in violation of the preceding
statutes, regulations, guidelines, and standards. In the
event of failure to com ply, the grantee understands that
the department may, at its discretion, seek a court order
17
requiring compliance with the terms of this assurance
or seek other appropriate judicial or administrative relief,-
to include this and other state EMS grants being
terminated and further state EMS grants being denied.
The department shall not be liable for violations by
grantees of any of the federal laws, rules, regulations,
or guidelines outlined herein.
Audit Requirements
FINANCIAL AND
COMPLIANCE AUDIT
This attachment is applicable, if the provider or
grantee, hereinafter referred to as provider, is any local
government entity, nonprofit organization, or for-profit
organization. An audit performed by the Auditor General
shall satisfy the requirement of this attachment.
PART I: FEDERALLYFUNDED
This part is applicable if the provider is a local
government entity or nonprofit organization and expends
a total of $300,000 or more in federal funds passed
through the department during its fiscal year. The
determination of when a provider has "expended" federal
funds is based on when the activity related to the award
occu rs.
Local governments shall comply with the audit
requirements contained in the Office of Management
and Budget (OMB) Circular A-128, Audits of State and
Local Governments. Nonprofit providers shall comply
with OMB Circular A-133, Audits of Institutions of Higher
Learning and other nonprofit institutions, except as
modified herein. Such audits shall cover the entire
organization for the organization's fiscal year. The
reporting package shall include a schedule that
discloses the amount of expenditures and/or receipts
by contract number for each contract with the
department in effect during the audit period.
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. The financial
statements shall disclose whether or not the matching
requirement was met for each applicable contract. All
questioned costs and liabilities due to the department
shall be fully disclosed in the audit report with reference
to the department contract involved.
If the provider has received any funds from a grants
and aids appropriation, the provider shall have an audit
or submit an attestation statement in accordance with
Section 216.349, Florida Statutes, and indicate on the
schedule of financial assistance which contracts are
funded from state grants and aids appropriations. The
provider has "received" funds when it has obtained the
cash from the department or when it has incurred
reimbursable expenses.
The provider agrees to submit the required reports as
shown in Part IV.
PART II: STATE FUNDED
This part is applicable if the provider is a nonprofit
organization that expends a total of $100,000 or more
in funds from the department during its fiscal year, which
was not paid from a rate co ntract based on a set state
or area-wide fixed rate for service, and of which less
that $300,000 is federally fund ed. The determination of
when a provider has "expended" funds is based on when
the activity reiated to the award occurs.
The provider agrees to have an annual financial audit
performed by independent auditors in accordance with
the current Government Auditing Standards issued by
the Comptroller General of the United States. Such
audits shall cover the entire organization for the
organization's fiscal year. The scope of the audit
performed shall cover the financial statements and
include reports on internal control and compliance. The
reporting package shall include a schedule that
discloses the amount of expenditures and/or receipts
by contract num ber for each contract with the
department in effect during the audit period.
Compliance findings related to contracts with the
d epa rtme nt s h a II be based on th e con tra ct
requirements, including any rules, regulations, or
statutes referenced in the contract. The financial
statements shall disclose whether or not the matching
requirement was met for each applicable contract. All
questioned costs and liabilities due to the department
shall be fully disclosed in the audit report with reference
to the department contract involved.
If the provider has received any funds from a grants
and aids appropriation, the provider shall have an audit,
or submit an attestation statement, in accordance with
Section 216.349, Florida Statutes, and indicate on the
schedule of financial assistance which contracts are
18
funded from state grants and aids appropriations. The
provider has "received" funds when it has obtained the
cash from the department or when it has incurred
reimbursable expenses.
The provider agrees to submit the required reports as
shown in Part IV.
PART Ifl: SECTION 216.349,
FLORIDA STATUTES (GRANTS
ANDAIDS APPROPRIATIONS)
This part is applicable if the provider is either (1) a for-
profit organization, (2) a local government entity
expending less than $300,000 in federal funds passed
thro~gh the department during its fiscal year, (3) a
nonprofit organization expending less than $100,000 in
funds from the department during its fiscal year, or (4)
a nonprofit organization expending a total of $1 00,000
1"'\'- ~~"'e i"", ", '''''''~ ;r"m ."'e Me,.,~r+""""OP"l40 ....""'i....l ;.."',......" ..., """'+.0.
\.00'1 11'''''''1 III ............., .. VI a 101 I '-I t""QI 1.11111;;1 U. }-'QIU I "'Jill Q I c;;I.l.v
contract bas~d on a set state or area-wide fixed rate for
service, of which less than $300,000 is federal funded.
The determination of when a provider has "expended"
funds is based on when the activity related to the award
occurs.
If the provider receives funds from a grants and aids
appropriation, the provider shall have an audit, or submit
an attestation statement, in accordance with Section
216.349, Florida Statutes. The audit report shall include
a schedule of financial assistance which discloses each
state contract by number and indicates which contracts
are funded from state grants and aids appropriations.
The provider has "received" funds when it has obtained
cash from the department or when it has incurred
reimburseable expenses.
The provider agrees to submit the required reports as
shown in Part IV. Otherwise, if the provider does not
receive funds from a grants and aids appropriation, the
provider has no audit or attestation requiiement under
this statement.
PART IV: SUBMISSION OF
REPORTS
Copies of the audit report and any management letter
by the independent auditors, or attestation statement,
required by this attachment shall be submitted within
180 days after the end of the provider's fiscal year to
,
the following, unless otherwise required by Florida
Statutes: -- -- -
A. Office of Inspector General
4052 Bald Cypress Way, A-03
Tallahassee, Florida 32399-1704
B. Department of Health
Bureau of-Emergency Medical Services
County Grant Manager
4052 Bald Cypress Way, Bin C 18
Tallahassee, Florida 32399-1738
C. Submit to this address only those reports
prepared in accordance with OMS Circular A-133:
Federal Audit Clearinghouse
Bureau of the Census
1201 E. 10th Street
Jeffersonville. Indiana 47132
D. Submit to this address only those audits
performed or attestation statements prepared in
accordance with Section 216.349, Florida Stat-
utes:
Office of the Auditor General
Post Office box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are
made available to the deoartment. or its desionee. uoon
request for a period of fi~e years f~om the date th~ a~dit
report,is issued, unless extended in writing by the de-
partment.
19