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Item C10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7/15 -7/16/09 Division: _County Administrator Bulk Item: Yes X No - Department: _Social ServiceslNutrition -- Staff Contact PersonlPhone #: Ellen Caron X4522 - AGENDA ITEM WORDING: Request approval of Contract AARA-929 between the Alliance of Aging, Inc. and Monroe County Social Services, which provides $62,004 for additional congregate and home delivered meals to clients of the Nutrition Program. ITEM BACKGROUND: On June 8th, Monroe County Social Services was awarded $62,004 as the result of an application for funds under the American Recovery & Reinvestment Act. - PREVIOUS RELEVANT BOCC ACTION: Application for funds under the American Recovery & Reinvestment Act endorsed by the BOCC on 6/17/09. CONTRACT/AGREEMENT CHANGES: None ST AFF RECOMMENDATIONS: Approval TOTAL COST: $62,004 INDIRECT COST: 0 BUDGETED: Yes X-No - - COST TO COUNTY: $ 0 cash match SOURCE OF FUNDS: _American Recovery $ 6890 in-kind match & Reinvestment Act REVENUE PRODUCING: Yes No X AMOUNT PER MONTH - Year County AttY /fAA ~urchasing - - APPROVED BY: Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract # - AARA-929 (Revised) Effective Date: May 1, 2009 Expiration Date: September 30,2010 Contract PurposelDescription: To provide additional congregate and home delivered meals to the clients ofthe Nutrition Program under the American Recovery & Reinvestment Act Contract Manager: Sheryl Graham 4510 Social Services/ Stop#1 (Name) (Ext. ) (Department/Stop #) for BOeC meeting on July 15,2009 Agenda Deadline: June 30, 2009 CONTRACT COSTS Total Dollar Value of Contract: $ 62,004 Current Year Portion: $ 29,142 Budgeted? YeslZl NoD Account Codes: -125-6153109 Grant: $ $62,004 125-6153209-_-_-_ County Match: $ $0 cash match 125-6153110-_-_-_ $6890 in-kind match . 125-6153210- - - --- ADDITIONAL COSTS Estimated Ongoing Costs: $Q/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out ~ Needed Division Director &. ~. oj YesO No[J/ Risk Mana~ement Wi YesO NO@' ~~~~I % O.M.B.lPurch~ing . Le- ,l) ~ esO N . County Attorney tJ b(.~/()7 Y esO No~ I ( L. Comments: OMB Form Revised 2/27/01 MCP #2 May 2009 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) ELDERLY NUTRITION SERVICES CONTRACT THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance" and "Monroe County Social Services", hereinafter interchangeably referred to as the "contractor" or the "sub-recipient." This contract is subject to further modification to incorporate certain pass-through language required by the State of Florida Department of Elder Affairs. All subsequent modifications will be made through amendments to this contract. WITNESSETH THAT: WHEREAS, the ALLIANCE has determined that it is in need of certain services as described herein; and WHEREAS, the Sub-recipient has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent sub-recipient ofthe ALLIANCE. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as follows: 1. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which constitute the contract document. 2. Incorporation of Documents within the Contract The contract will incorporate attachments, relevant Florida Department of Elder Affairs, hereinafter referred to as (DOEA) handbooks, manuals or desk books, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in other general materials not specific to this contract document and identified attachments. 3. Term of Contract This contract shall commence on May 1. 2009 or on the date on which the contract has been signed by the last party required to sign it, whichever is later and shall expire on September 30. 2010. 1/49 May 2009 4. Contract Amount The ALLIANCE agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $62,004.00, or the rate schedule, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. The Alliance 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: Service(s) to be Provided Service Maximum Units Maximum Unit Rate of Service Dollars Congregate Meals $9.56 3,174 $30,346.00 Nutrition Education Congregate $381.5 6 $2,289.00 Home Delivered Meals $6.]3 4,666 $28,605.00 Nutrition Education Home Delivered $382.00 2 $764 Total Contract $62,004.00 5. Compliance with Federal Law 5.1.1. The sub-recipient shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations. 5.1.2. If this contract contains federal funds and is over $100,000.00, the sub-recipient shall comply with all applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 V.S.C. 1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The sub-recipient shall report any violations of the above to the THE ALLIANCE OR DOEA. 5.1.3 The sub-recipient, or agent acting for the sub-recipient, may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000.00, the sub-recipient must, prior to contract execution, complete the Certification Regarding Lobbying form, ATTACHMENT II. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager, prior to payment under this contract. 5.1.4. That if this contract contains $10,000.00 or more of federal funds, the sub-recipient shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 5.1.5. That if this contract contains federal funds and provides services to children up to age 18, the sub-recipient shall comply with the Pro-Children Act of 1994 (20 U .S.c. 6081). 2/49 May 2009 5.1.6. That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The sub-recipient will comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The sub-recipient shall complete and sign ATTACHMENT V prior to the execution of this contract. 5.2. The sub-recipient shall not employ a known unauthorized alien. The THE ALLIANCE OR DOEA shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 V.S.C. 1324 a) and the Immigration Reform and Control Act of 1986 (8 V.S.C. 1101). Such violation shall be cause for unilateral cancellation of this contract by the THE ALLIANCE OR DOEA. 6. Compliance with State Law 6.1. Signatories acknowledge that this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. Requirements of s. 287.058, F.S. 6.2.1. The sub-recipient will provide units of deliverables, including reports, findings, and drafts, as specified in this contract, which the Alliance's Program Manager must receive and accept in writing prior to payment. 6.2.2. The sub-recipient will submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 6.2.3. If itemized payment for travel expenses is permitted in this contract, the sub-recipient will submit bills for any travel expenses in accordance with s. 112.061, F.S., or at such lower rates as may be provided in this contract. 6.2.4. The sub-recipient will allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S., made or received by the sub-recipient in conjunction with this contract except for those records which are made confidential or exempt by law. The sub-recipient's refusal to comply with this provision shall constitute an immediate breach of contract for which the THE ALLIANCE OR DOEA may unilaterally terminate the contract. 6.3. If clients are to be transported under this contract, the sub-recipient shall comply with the provisions of Chapter 427, F.S., and Rule 41-2, F. A. C. 6.4. Sub-Recipient who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of s. 287.134, F.S. 6.5. The sub-recipient will comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 3/49 May 2009 7. Grievance Procedures The sub-recipient shall develop and implement, and ensure that its subcontractors have established grievance procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, should provide for notice of the grievance procedure and an opportunity for review of the sub-recipient's determination( s). 8. Audits. Inspections. Investil!ations. Public Records and Retention 8.1. To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the THE ALLIANCE OR DOEA under this contract. 8.2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the THE ALLIANCE OR DOEA. 8.3. Upon demand, at no additional cost to the ALLIANCE OR DOEA, the sub-recipient will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 8.2. 8.4. To assure that the records described in Paragraph 9 shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the ALLIANCE OR DOEA. 8.5. At all reasonable times for as long as records are maintained, persons duly authorized by the ALLIANCE OR DOEA and Federal auditors, pursuant to 45 CPR 92.36(i)(10), shall be allowed full access to and the right to examine any of the sub-recipient's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 8.6. To provide a financial and compliance audit to the ALLIANCE OR DOEA as specified in this contract and in ATTACHMENT III and to ensure that all related party transactions are disclosed to the auditor. 8.7. To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office ofthe Inspector General pursuant to s. 20.055, F.S. 4/49 May 2009 9. Nondiscrimination-Civil Ri2hts Compliance 9.1. The sub-recipient will execute assurances that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion, color, disability, national origin, marital status gender or sexual orientation in compliance with state and federal law and regulations. The sub-recipient further assures that all subcontractors, subgrantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. 9.2. The sub-recipient must submit, during the term of this agreement a timely, complete and accurate Civil Rights Compliance Checklist (DOEA forms 101 A and B); if the sub-recipient holds more than one contract with ALLIANCE, only one Civil Rights Compliance Checklist is required. 9.3 The sub-recipient agrees to establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 9.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the sub-recipient, its successors, transferees, and assignees for the period during which such assistance is provided. The sub-recipient further assures that all their subcontractors, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the sub-recipient understands that the ALLIANCE OR DOEA may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. 10. Provision of Services The sub-recipient will provide services in the manner described in ATTACHMENT I. 11. Monitorine: Bv the ALLIANCE The sub-recipient will permit persons duly authorized by the ALLIANCE to inspect and copy any records, papers, documents, facilities, goods and services of the sub-recipient which are relevant to this contract, and to interview any clients, employees and their subcontractor's employees of the sub-recipient to assure the ALLIANCE of the satisfactory performance of the terms and conditions of this contract. Following such review, the ALLIANCE will deliver to the sub-recipient a written report of its findings and request for development, by the sub- recipient, of a corrective action plan where appropriate. The sub-recipient hereby agrees to timely correct all deficiencies identified in the corrective action plan. 12. Indemnification 5/49 May 2009 12.1 The sub-recipient shall indemnify, save, defend, and hold harmless the ALLIANCE/DOEA and its agents and employees from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the sub- recipient is not required to indemnify the ALLIANCE OR DOEA for claims, demands, actions or causes of action arising solely out of the ALLIANCE OR DOEA's negligence. 12.2. Except to the extent permitted by s. 768.28, F.S., or other Florida law, paragraph 13.1 is not applicable to contracts executed between the ALLIANCE OR DOEA and state agencies or subdivisions defined in s. 768.28(2), F.S. 13. Insurance and Bondin2 13.1. To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal( s) and extension( s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the sub-recipient accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the sub-recipient and the clients to be served under this contract. The limits of coverage under each policy maintained by the sub- recipient do not limit the sub-recipient's liability and obligations under this contract. The sub- recipient shall ensure that the ALLIANCE has the most current written verification of insurance coverage throughout the term of this contract. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The ALLIANCE OR DOEA reserves the right to require additional insurance as specified in this contract. 13.2. Throughout the term of this agreement, the sub-recipient agrees to maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the sub-recipient authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference III an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 14. Confidentiality of Information The sub-recipient shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 15. Health Insurance Portability and Accountability Act Where applicable, the sub-recipient will comply with the Health Insurance Portability and Accountability Act (42 USC 1320d.), as well as all regulations promulgated thereunder (45 CFR 160, 162, and 164). 16. Incident Reportin!! 16.1 The sub-recipient shall notify the ALLIANCE immediately, but no later than forty-eight (48) hours from, the sub-recipient's awareness or discovery of conditions that may materially 6/49 May 2009 affect the sub-recipient or their subcontractor's ability to perform the services required to be performed under this contract. 16.2 To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (l-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the sub-recipient and its employees. 17. Sponsorship and Publicitv 17.1 As required by s. 286.25, F.S., if the sub-recipient is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by "Contractor's Name the State of Florida, Department of Elder Affairs and The Alliance for Aging." If the sponsorship reference is in written material, the words "Alliance for Aging." and "State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the Contractor's name. 17.2 The sub-recipient shall not use the words "Alliance for Aging, Inc." and "The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless, specific authorization has been obtained by the ALLIANCE OR DOEA prior to use. 18. Assi!!nments 18.1. The sub-recipient shall not assign the rights and responsibilities under this Contract without the prior written approval of the ALLIANCE, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the ALLIANCE will constitute a material breach of the contract. 18.2. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the sub-recipient. In the event the State of Florida approves transfer of the sub-recipient's obligations, the sub-recipient remains responsible for all work performed and all expenses incurred in connection with the contract. 18.3. This contract shall remain binding upon the successors in interest of either the sub-recipient or the ALLIANCE. 19. Subcontracts 19.1 The sub-recipient is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the sub-recipient or their subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the ALLIANCE deems necessary. The sub-recipient further agrees that the ALLIANCE shall not be liable to their subcontractor in any way or for any reason. The sub-recipient, at its expense, will defend the ALLIANCE against any such claims. 19.2 The sub-recipient must pay their subcontractors within seven (7) working days after receipt of full or partial payments from ALLIANCE or other state agency. Failure to make payments to 7/49 May 2009 any subcontractor in accordance with s. 287.0585, F.S., unless otherwise stated in the contract between the sub-recipient and their subcontractor, will result in a penalty as provided by statute. 20. Independent Capacity of Sub-recipient It is the intent and understanding of the parties that the sub-recipient, or any of its subcontractors, are independent sub-recipients and are not employees of the ALLIANCE OR DOEA and shall not hold themselves out as employees or agents of the ALLIANCE OR DOEA without specific authorization from the ALLIANCE OR DOEA. It is the further intent and understanding of the parties that the ALLIANCE OR DOEA does not control the employment practices of the sub-recipient and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the sub-recipient or its subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the sub- recipient shall be the sole responsibility of the sub-recipient. 21. Payment The ALLIANCE will pay the sub-recipient within seven (7) working days upon receipt of payment from the State of Florida, Department of Financial Services; provided a correct invoice is submitted by the due date. Requests for payment returned to the sub-recipient due to preparation errors or lack of supporting documentation must be resubmitted for the following request for payment cycle. 22. Return of Funds The sub-recipient will return to the ALLIANCE any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the sub-recipient by the ALLIANCE. In the event that the sub-recipient or its independent auditor discovers that an overpayment has been made, the sub-recipient shall repay said overpayment immediately without prior notification from the ALLIANCE. In the event that the ALLIANCE first discovers an overpayment has been made, the Contract Manager, on behalf of the ALLIANCE, will notify the sub-recipient by letter of such findings. Should repayment not be made forthwith, the sub-recipient will be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after ALLIANCE notification or sub-recipient discovery. 23. Data Inte2ritv and Safe2Uardin!! Information The sub-recipient shall insure an appropriate level of data security for the information the sub- recipient is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all sub-recipient employees that request system or information access and ensuring that user access has been removed from all terminated employees. The sub-recipient, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely backed up to insure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The sub-recipient shall insure all of their subcontractors maintain written procedures for computer system back up and recovery. The sub-recipient shall complete and sign ATTACHMENT IV prior to the execution of this contract. 8/49 May 2009 24. Conflict of Interest The sub-recipient will establish safeguards to prohibit employees, board members, management and their subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer or agent of the sub-recipient or their subcontractor's shall participate in selection, or in the award of an agreement supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The sub-recipient or their subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The sub-recipient's board members and management must disclose to the ALLIANCE any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) calendar days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) calendar days ofthe commencement of this contract. The sub-recipient's employees and their subcontractors must make the same disclosures' described above to the sub-recipient's board of directors. Compliance with this provision will be monitored. 25. Public Entity Crime Pursuant to s. 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the ALLIANCE OR DOEA. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a sub-recipient, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 26. Patents. Copvri2hts. Rovalties If any discovery, invention or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract, the sub-recipient shall refer the discovery, invention or material to the ALLIANCE to be referred to the Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. 28. Emen!encv Preparedness and Continuity of Operations 28.1. If the tasks to be performed pursuant to this contract, include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety or welfare, the sub-recipient shall, within thirty (30) calendar days of the execution of this contract, submit to the ALLIANCE verification of an emergency preparedness plan. In the event of an emergency, the sub-recipient shall notify the ALLIANCE of emergency 9/49 May 2009 provIsIOns. 28.2. In the event, a situation results in a cessation of services by a subcontractor, the sub-recipient will retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 29. PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 30. Use of State Funds to Purchase or Improve Real Property Any state funds provided for the purchase of or improvements to real property are contingent upon the sub-recipient or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 31. Dispute Resolution Any dispute concerning performance of the contract shall be decided by the ALLIANCE, who shall reduce the decision to writing and serve a copy on the sub-recipient. 32. No Waiver of Soverei!!n Immunitv Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 33. Venue If any dispute arises out of this contract, the venue of such legal recourse will be Dade County, Florida. 34. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the ALLIANCE or the sub- recipient unless expressly contained herein or by a written amendment to this contract signed by both parties. 35. Force Maieure Neither party shall be liable for any delays or failures in performance due to circumstances beyond its control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 36. Severability Clause 10/49 May 2009 The parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 37. Condition Precedent to Contract: Appropriations The parties agree that the Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Department of Elder Affairs 38. AdditionlDeletion The parties agree that the ALLIANCE reserves the right to add or to delete any of the services required under this contract when deemed to be in the State's best interest and reduced to a written amendment signed by both parties. The parties shall negotiate compensation for any additional services added. 39. Waiver The delay or failure by the ALLIANCE to exercise or enforce any of its rights under this contract shall not constitute or be deemed a waiver of the ALLIANCE's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 40. Compliance The sub-recipient agrees to abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current State statutes, laws, rules and regulations. The parties agree that failure of the sub-recipient to abide by these laws shall be deemed an event of default of the sub-recipient, and subject the contract to immediate, unilateral cancellation of the contract at the discretion of the ALLIANCE. 41. Final Invoice The sub-recipient shall submit the final invoice for payment to the ALLIANCE as specified in Paragraph 3.2.5 (date for final request for payment) of ATTACHMENT VIII. If the sub- recipient fails to submit final request for payment by the deadline, then all rights to payment may be forfeited and the ALLIANCE may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the sub-recipient and necessary adjustments thereto have been approved by the ALLIANCE. 42. Renel.!otiations or Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the ALLIANCE's operating budget. 43. Termination 11/49 May 2009 44.1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the ALLIANCE or the representative of the sub-recipient responsible for administration of the contract. 44.2. In the event funds for payment pursuant to this contract become unavailable, the ALLIANCE may terminate this contract upon no less than twenty-four (24) hours notice in writing to the sub-recipient. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the ALLIANCE or the representative of the sub-recipient responsible for administration of the contract. The ALLIANCE shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the sub-recipient will be compensated for any work satisfactorily completed prior to the date of termination. 44.3. This contract may be terminated for cause upon no less than twenty-four (24) hours notice in writing to the sub-recipient. If applicable, the ALLIANCE may employ the default provisions in Rule 60A-1.006(3), F.A.C. 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 and conditions of this contract. The provisions herein do not limit the ALLIANCE's or the sub-recipient's rights to remedies at law or in equity. 44.4 Failure to have performed any contractual obligations with the ALLIANCE in a manner satisfactory to the ALLIANCE will be a sufficient cause for termination. To be terminated as a sub-recipient under this provision, the sub-recipient must have (1) previously failed to satisfactorily perform in a contract with the ALLIANCE, been notified by the ALLIANCE of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the ALLIANCE; or (2) had a contract terminated by the ALLIANCE for cause. 45. All Terms and Conditions Included This contract and its Attachments, I - X, A and B, and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the parties. 12/49 May 2009 By signing this contract, the parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the parties hereto have caused this 49 page contract, to be executed by their undersigned officials as duly authorized. Contractor: Monroe County Social Services ALLIANCE FOR AGING, INC. SIGNED BY: SIGNED BY: NAME: NAME: Max B. Rothman, JD,LL.M. TITLE: TITLE: President /CEO DATE: DATE: 13/49 ATACHMENT I NUTRTITION SERVICES STATEMENT OF WORK AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 SECTION 1: SERVICES TO BE PROVIDED 1.1 DEFINITIONS OF TERMS AND ACRONYMS 1.1.1 CONTRACT ACRONYMS AAA: Area Agency on Aging ARRA: American Recovery and Reinvestment Act of 2009 APCL: Assessed Priority Consumer List CIRTS: Client Information and Registration Tracking System DOEA: The Florida Department of Elder Affars OAA: Older Americans Act NSIP: Nutrition Services Incentive Program PSA: Planning and Service Areas WebDB: Web-based Database System 1.1.2 PROGRAM SPECIFIC TERMS American Recovery and Reinvestment Act of 2009: ARRA is purportedly an economic stimulus package enacted by the United States Congress and signed into law by the President on February 17, 2009. The act is intended to provide a stimulus to the U.S. economy and specifically provides assistance to those individuals affected by the recession. Assistance provided includes, but is not limited to: job creation, food program subsidies and the expansion of existing social service programs. Nutrition Services Incentive Program: 'fhe Nutrition Services Incentive Program is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served to eligible clients under the Older Americans Act. Florida has opted for cash payments in lieu of donated foods. 1.2 ALLIANCE FOR AGING (AAA) MISSION STATEMENT To foster optimal quality of life for elders and their families in Miami-Dade and Monroe Counties. 1.3 GENERAL DESCRIPTION 1.3.1 General Statement The American Recovery and Reinvestment Act (ARRA) enacted by Congress and signed into law by the President on February 17, 2009, is intended to preserve and create jobs, promote the nation's economic recovery, and assist those most impacted by the recession. Title III of the Older Americans Act makes available $97 million to State Units on Aging (SUA) to help meet the additional need and demand for meals. The primary purpose of the OAA, Title III-C program is to provide nutrition services for 14/49 older Americans in order to help them maintain their health, independence and quality of life. The ARRA funds will provide meals to seniors in need of food; restore nutrition services that have been cut; and increase the number of elder Floridians receiving congregate and home-delivered meals. 1.3.2 Authority The relevant references authority governing the ARRA program are: American Recovery and Reinvestment Act of 2009, Pol. 111-5 Older Americans Act of2006, as amended; Rule 58A-l, Florida Administrative Code; and Section 430.101, Florida Statutes. 1.3.3 Scope of Service This contract is for nutritional services which shall be provided in compliance with the DOEA Programs and Services Handbook of 2008. American Recovery Act funding shall be used to supplement and augment, not supplant current congregate and home-delivered meals activity. The services shall be provided in a manner consistent with and described in the sub- recipient's response to the ARRA competitive solicitation of2009 and the Department of Elder Affairs Programs and Services Handbook issued July 2008 ARRA monies under this contract can not be used to provide more than one meal per day to any customer, or to provide meals to customers already receiving meals from the contractor from any other funding sources. Any application for funding containing this provision will receive written clarification by a Contract Manager. 1.3.4 Incorporation of Program Materials The sub-recipient will comply with program requirements as outlined in the following documents, which are incorporated into this agreement by reference. OAA, Title III, Section 331, C-l Congregate Nutrition Services; OAA, Title III, Section 336, C-2 Home-Delivered Nutrition Services; DOEA Program Instructions for entering ARRA nutrition services in CIRTS; Notice of Award - ARRA 2009, Congregate Nutrition Services; and Notice of Award - ARRA 2009, Home-Delivered Nutrition Services. 1.3.5 Major Program Goals The major goals of the OAA, Title III C 1 and C2, Stimulus Program are to: Improve the quality of life for older individuals; Increase the number persons receiving congregate and home-delivered meals; Reduce hunger and food insecurity by addressing unmet needs III historically underserved communities: and Support Title III C nutrition services initiatives, including provision of meals and nutrition education. 1.4 INDIVIDUALS TO BE SERVED 1.4.1 General Description 15/49 General factors that should be considered in establishing priority for ARRA Nutrition Services, both congregate and home-delivered, include those older persons who: Cannot afford to eat adequately; Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; Have limited mobility which may impair their capacity to shop and cook for themselves; or Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. Are at high risk of nutritional deficiency as indicated by the Nutrition Risk Screen. Are individuals that are socially isolated. 1.4.1.2 ARRA, Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in A TT ACHMENT I, Paragraph 1.4.1, individuals must be mobile, not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: Individuals age 60 or older; and Any spouse (regardless of age) who attends the dining center with his/her eligible spouse; Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; Disabled persons who reside at home with and accompany an eligible person to the dinin center; and V olunteers, regardless of age, who provide essential services on a regular meal times. 1.4.1.3 ARRA, Home-Delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I, Paragraph 1.4.1, individuals must be homebound and physically, mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home-delivered meals include: Individuals age 60 or older who are frail and homebound by reason of illness, disability or isolation; The spouse of a homebound eligible individual, regardless of age, if the provision of the collateral meal supports maintaining the person at home; Individuals with disabilities, regardless of age, who reside at home with eligible individuals and are dependent on them for care; and Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their presence at the congregate site inappropriate; and persons at nutritional risk who are socially or otherwise isolated and unable to attend a congregate nutrition site. 1.4.2 Targeted Groups Services shall be given to those not currently receiving services, with the greatest economic and social need, with particular attention to low-income older individuals 16/49 living in the following Zip Codes: 33010, 33012, 33013, 33015, 33033, 33034, 33036, 33037,33050,33054,33055,33127,33132,33136,33134,33135,33139,33140,33147, 33160,33161,33,162,33176,33179 These areas have been identified in the Needs Assessment Report as underserved. ARRA funds will be used to increase the number of congregate and home-delivered meals served to targeted groups within the PSA and will restore jobs that may have been eliminated or reduced as a result of the economic downturn. 1.4.3 Contract Limits Eligible program participants shall be served during the agreement period beginning July l,)and ending September 30, 2010. A sub-recipient receiving funds from the ARRA stimulus package must develop systems of internal and administrative control to both track and report expenditures relative to the receipt and use of the funds as well as ensuring that expenditures are properly authorized prior to submittal of requests for reimbursement. SECTION 2: MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS The sub-recipient shall performed the following tasks: Client eligibility determination as listed in ATTACHMENT I, Paragraph 1.4; Targeting and screening of service delivery for new clients; Delivery of services to eligible clients in conformity with the DOEA Programs and Services Handbook, 2008; Use of volunteers to expand the provision of available services; Documentation of the restoration of jobs that were eliminated or reduced as a result of the economic downturn; and Monitoring the performance of its subcontractors. 2.1.1 Targeting and Screening of Service Delivery for New Clients The sub-recipient shall develop and implement policies and procedures consistent with the OAA targeting and screening criteria for ARRA funded clients. 2.1.2 Delivery of Services to Eligible Clients The sub-recipient shall provide a continuum of services that meet the nutritional needs of elders. The sub-recipient shall perform and report the performance of services in accordance with Department of Elder Affairs Programs & Services Handbook. The services funded pursuant to this contract are in accordance with the ARRA and OAA, Title 111 sections 331 and 336. 2.1.2.1 Congregate Nutrition Services Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity, promote socialization and the health and well being of older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include: Congregate meals; Congregate meals screening; and Nutrition education and nutrition counseling. 17/49 2.1.2.2 Home-Delivered Nutrition Services In-home nutrition services are provided to reduce hunger and food insecurity; promote socialization and the health and well being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include: Home-delivered meals; Nutrition education and counseling; and Screening! Assessment. 2.1.3 Monitoring the Performance of Subsub-recipients The sub-recipient shall perform fiscal, administrative and programmatic monitoring of each subcontractor to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. The sub-recipient shall conduct at least one monitoring per year of each subcontractor. 2.2 SERVICE LOCATION AND EQUIPMENT 2.2.1 Service Times The sub-recipient shall ensure the provision of the services listed in the contract during normal business hours unless other times are more appropriate to meet the performance requirements of the contract, and it shall monitor its subcontractors to ensure they are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. 2.2.2 Changes in Service Delivery Location or Service Times The sub-recipient shall provide the appropriate ALLIANCE program staff within 30 days notice of any plan temporarily or permanently changing any service delivery location or service times. Any changes to the service delivery location or service times must have the approval of the ALLIANCE's Executive Director. 2.3 Equipment-NO EQUIPMENT WILL BE PURCHASED WITH THESE FUNDS 2.4 DELIVERABLES Service Unit of Service Congregate and Home-Delivered Meals Meal Nutrition Education Episode Congregate meal screening Hour Screening and Assessment for Home delivered clients Hour 2.5 Reports The sub-recipient is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the DOEA/ ALLIANCE. The sub-recipient must establish due dates for any subcontractors that permit the sub-recipient to meet the ALLIANCE's /DOEA 18/49 reporting requirements. 2.5.1 Client Information and Registration Tracking System (CffiTS) Reports The sub-recipient is required to use CIRTS reports in the web-based CIRTS database system to ensure data accuracy. The report categories include: Client Reports; Monitoring Reports; Services Reports; Miscellaneous Reports; Fiscal Reports; Aging Resource Center Reports; and Outcome Measurement Reports. In addition to utilizing the above reports, the sub-recipient shall track separately those services which are provided through "Recovery Act" funding. The nutrition program CIRTS input codes to be used to track ARRA Program activity shall be as follows: ARRl - for all authorized congregate meals services; and ARRl - for all authorized home-delivered meals services. 2.5.2 ARRA Services Reports The sub-recipient must submit detailed ARRA reports in accordance with the requirements set forth in Exhibit A to ATTACHMENT I. Reports shall be submitted with the request for reimbursement no later than the 2nd day of the month following the month being reported. 2.5.3 Nutrition Services Incentive Program (NSIP) Reports The sub-recipient shall ensure that ARRA meal providers which serve Nutrition Services Incentive Program (NSIP) eligible meals will seek NSIP reimbursement for eligible ARRA meals. Eligible meals are meals: That meet the Older Americans Act (OAA) nutritional requirements, Are served by OAA providers; and Served to OAA eligible clients. The sub-recipient will ensure that ARRA eligible meals will be included on the monthly NSIP CIRTS report that is submitted with the monthly NSIP expenditure and requests for payment report. 19/49 2.5.3.4 Surplus/Deficit Report The sub-recipient will submit a consolidated surplus/deficit report in a format provided by the Alliance's Contract Manager by the 15th of each month. This report is for all agreements and/or contracts between the sub-recipient and the ALLIANCE. The report shall include the following: 1) A list of all subcontractors and their current status regarding surplus/deficit; 2) The sub-recipient's detailed plan on how the surplus/deficit spending exceeding 1 % will be resolved; 3) Input from the sub-recipient's Board of Directors on resolution of spending issues, if applicable; 4) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5; and 4) Number of clients currently on the APCL designated as Imminent Risk. 2.6 Records and Documentation The sub-recipient will ensure the collection and maintenance of client and service information on a monthly basis from the CIRTS or any such system designated by the ALLIANCE OR DOEA. Maintenance includes valid exports and backups of all data and systems according to ALLIANCE OR DOEA standards. 2.6.1 Each sub-recipient and subcontractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The sub-recipient shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the ALLIANCE OR DOEA upon request. 2.6.2 Each sub-recipient and subcontractor, among other requirements, must maintain separate and distinct records of the use of ARRA funds, including the number of meals served, number of people served; and number of jobs created, retained or expanded from part-time to full-time In accordance with Exhibit A to ATTACHMENT I. 2.7 PERFORMANCE SPECIFICATIONS 2.7.1 Outcomes and Outputs The sub-recipient shall timely submit to the ALLIANCE all reports described in ATTACHMENT I, Paragraph 2.5, REPORTS; The sub-recipient shall timely submit to the ALLIANCE all information described in ATTACHMENT I, Paragraph 2.6, RECORDS AND DOCUMENTATION; 20/49 The sub-recipient shall ensure services in this contract are in accordance with Department of Elder Affairs Programs & Services Handbook and this contract. 2.7.2 Monitoring and Evaluation Methodology The ALLIANCE OR DOEA will review and evaluate the performance of the sub- recipient under the terms of this contract. Monitoring shall be conducted through direct contact with the sub-recipient through telephone, in writing, or an on-site visit. The ALLIANCE's determination of acceptable performance shall be conclusive. The sub-recipient agrees to cooperate with the ALLIANCE OR DOEA in monitoring the progress of completion ofthe service tasks and deliverables. 2.8 SUB-RECIPIENT'S FINANCIAL OBLIGATION 2.8.1 Matching, Level of Effort, and Earmarking Requirement The sub-recipient will assure a match requirement of at least 10 percent of the cost for all services is provided with this contract. The subcontractor's match will be made in the form of cash and/or in-kind resources. Match must be reported by service each month. At the end of the contract period, all ARRA funds must be properly matched. Use of other federal program dollars cannot be used to match ARRA funds. 2.8.2 Consumer Contributions The sub-recipient assures compliance with Section 315 of the Older Americans Act as amended in 2006, in regard to consumer contributions; Voluntary contributions are not to be used for cost sharing or matching; Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and V oluntary contributions are to be used only to expand services. 2.8.3 The sub-recipient agrees to distribute funds as detailed in the application and the Budget Summary, ATTACHMENT VII to this contract. Any changes in the amount of federal funds identified on the Budget Summary form require a contract amendment. 2.8.4 ARRA Fund Limitations ARRA funds for nutrition services for the elderly are time-limited and do not include any recurring funding beyond the grant period. All ARRA grant funds must be budgeted in the same congregate or home-delivered meal category as awarded. ARRA funds are primarily to be used to increase the number of eligible clients receiving congregate and home-delivered meals. The sub-recipient shall ensure that they have plans in place for client service provision and staff transition after the ARRA grant period ends. 2.9 ALLIANCE RESPONSIBILITIES 2.9.1 Program Guidance and Technical Assistance 21/49 The ALLIANCE will provide to the sub-recipient guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the sub-recipient. 2.9.2 Contract Monitoring The ALLIANCE OR DOEA shall, at its own discretion, conduct monitoring concerning any aspect of the sub-recipient's performance of this contract. 22/49 SECTION III: METHOD OF PAYMENT 3.1 STATEMENT OF METHOD OF PAYMENT For non-profit contractors this is a cost reimbursement/fixed rate contract. Otherwise it is a fixed price contract. The ALLIANCE agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $XXXXX.ZZ, subject to the availability of funds. 3.2 REQUESTS FOR PAYMENT The sub-recipient shall consolidate all requests for payment from subcontractors and expenditure reports that support requests for payment and shall submit to the ALLIANCE on forms 105ARRl (ATTACHMENT IX-A), 105ARR2 (ATTACHMENT IX-B), 106ARRA (ATTACHMENT X). Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on DOEA forms. The due date for the request for reimbursement and report(s) shall be no later than the 2nd day of the month following the month being reported. 3.2.2 All payment requests shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. 3.2.3 Any payment due by the ALLIANCE under the terms of this contract may be withheld pending the receipt and approval of all financial and programmatic reports due from the sub-recipient and any adjustments thereto, including any disallowance not resolved as outlined in Paragraph 21 ofthis contract. 3.2.4. Payment may be authorized only for allowable expenditures, which are in accordance with the limits specified in ATTACHMENT VII, Budget Summary. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 3.2.5 Date for Final Request for Payment The final request for payment will be due to the ALLIANCE no later than November 3. 2010. 3.2.6 Documentation for Payment The sub-recipient shall maintain documentation to support payment requests that shall be available to the ALLIANCE OR DOEA or authorized individuals, such as Department of Financial Services, upon request. 3.2.7 The sub-recipient shall ensure subcontractors enter all required data per the DOEA's CIRTS Policy Guidelines for clients and services in the CIRTS database. Data must be entered into CIRTS before the subcontractors submit their request for payment and expenditure reports to the sub-recipient. The sub-recipient shall establish time frames to assure compliance with due dates for the requests for payment and 23/49 expenditure reports to the ALLIANCE. 3.2.8 The sub-recipient will require subcontractors to run monthly CIR TS reports and verify that client and service data in CIRTS is accurate. This report must be submitted to the sub-recipient with the monthly request for payment and expenditure report and must be reviewed by the sub-recipient before the subcontractor's request can be approved by the sub-recipient. 24/49 A TT ACHMENT II CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certity and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Signature Date Name of Authorized Individual Application or Agreement Number Name and Address of Organization DOEA Form 103 (Revised Nov 2002) 25/49 ATTACHMENT III FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by ALLIANCE to the sub-recipient may be subject to audits and/or monitoring by THE ALLIANCE OR DOEA, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the THE ALLIANCE OR DOEA staff, limited scope audits as defined by OMB Circular A-l33, as revised, and/or other procedures. By entering into this agreement, the sub-recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the THE ALLIANCE OR DOEA. In the event THE ALLIANCE OR DOEA determines that a limited scope audit of the sub-recipient is appropriate, the sub-recipient agrees to comply with any additional instructions provided by THE ALLIANCE OR DOEA to the sub-recipient regarding such audit. The sub-recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the sub-recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the sub-recipient expends $500,000.00 or more in Federal awards during its fiscal year, the sub-recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through THE ALLIANCE OR DOEA by this agreement. In determining the Federal awards expended in its fiscal year, the sub-recipient shall consider all sources of Federal awards, including Federal resources received from THE ALLIANCE OR DOEA. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the sub-recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-l33, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph I, the sub-recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-I33, as revised. If the sub-recipient expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-I33, as revised, is not required. In the event that the sub-recipient expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-I33, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from sub-recipient resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with THE ALLIANCE OR DOEA shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. 26/49 The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to THE ALLIANCE OR DOEA shall be fully disclosed in the audit report with reference to THE ALLIANCE OR DOEA agreement involved. If not otherwise disclosed as required by Section .3 1 O(b )(2) of 0 MB Circular A -133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with THE ALLIANCE OR DOEA in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier ono days after receipt of the audit report or 9 months after the end of the sub-recipient's fiscal year end. PART II: STATE FUNDED This part is applicable if the sub-recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the sub-recipient expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such sub-recipient (for fiscal years ending September 30, 2004 or thereafter), the sub-recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the THE ALLIANCE OR DOEA by this agreement. In determining the state financial assistance expended in its fiscal year, the sub-recipient shall consider all sources of state financial assistance, including state financial assistance received from the THE ALLIANCE OR DOEA, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the sub-recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the sub-recipient expends less than $500,000.00 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the sub-recipient expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost ofthe audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the sub-recipient resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with THE ALLIANCE OR DOEA shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to THE ALLIANCE OR DOEA shall be fully disclosed in the audit report with reference to THE ALLIANCE OR DOEA agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with THE ALLIANCE OR DOEA in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the sub- recipient's fiscal year end for local governmental entities. Non-profit or for-profit organizations are 27/49 required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the sub-recipient's fiscal year end. Notwithstanding the applicability of this portion, THE ALLIANCE OR DOEA retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART Ill: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMS Circular A-l33, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-l33, as revised, by or on behalf of the sub-recipient directly to each of the following: The Alliance for Aging, Inc. at each of the following addresses: Alliance for Aging, Inc. Attn: Carlos Lahitte 9500 South Dadeland Boulevard, Suite 400 Miami, Fl. 33186 The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required by Sections .320 (d)( 1) and (2), OMS Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Any reports, management letter, or other information required to be submitted to the Alliance for Aging,Inc pursuant to this agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Sub-recipients, when submitting financial reporting packages to the Alliance for Aging, In for audits done in accordance with OMS Circular A-133 or Chapters lO.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the sub-recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The sub-recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued, and shall allow the THE ALLIANCE OR DOEA or its designee, the CFO or Auditor General access to such records upon request. The sub-recipient shall ensure that audit working papers are made available to the THE ALLIANCE OR 28/49 DOEA, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the THE ALLIANCE OR DOEA. 29/49 A TT ACHMENT III EXHIBIT - 1 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: PROGRAM FUNDING UNIT SERVICE TITLE SOURCE CFDA UNITS AMOUNT RATE OAA Title III CI (ARRA) Department of Health and Congregate Congregate Human Meals Meals Services 93.707 0 $0 $32,635.00 OAA Title III C2 (ARRA) Department of Health and Home Delivered Home Delivered Human Meals Meals Services 93.705 0 $0 $29,369.00 TOTAL FEDERAL AWARD $62,004.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD $0 30/49 STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT TOTAL AWARD $0 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 31/49 ATTACHMENT III EXHIBIT -2 PART I: AUDIT RELATIONSHIP DETERMINATION Sub-recipients who receive state or federal resources mayor may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Sub-recipients who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Sub-recipients who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, sub-recipients who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 ofOMB Circular A-133 and/or Rule 691-5.006, FAC, sub-recipient has been determined to be: _ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. ~ Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S. NOTE: If a sub-recipient is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the DOEA/ALLIANCE to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), F AC [state financial assistance] and Section _ .400 OMB Circular A-133 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Sub-recipients who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: . STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 0 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)* 0 OMB Circular A-I 02 - Administrative Requirements 0 OMB Circular A-133 ~ Audit Requirements 0 Reference Guide for State Expenditures 0 Other fiscal requirements set forth in program laws, rules and regulations . NON-PROFIT ORGANIZATIONS MUST FOLLOW: 0 2 CFR Part 230 Cost Principles for Non-Profit Organizations (Formerly OMB Circular A-122 - Cost Principles)* 0 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-II 0 - Administrative Requirements) 32/49 0 OMB Circular A-133 - Audit Requirements 0 Reference Guide for State Expenditures 0 Other fiscal requirements set forth in program laws, rules and regulations . EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 0 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 - Cost Principles-- Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-I33 Compliance Supplement, Appendix 1) 0 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-II 0 - Administrative Requirements) 0 OMB Circular A-133 - Audit Requirements 0 Reference Guide for State Expenditures 0 Other fiscal requirements set forth in program laws, rules and regulations . STATE FINANCIAL ASSISTANCE. Sub-recipients who receive state financial assistance and who are determined to be a recipient/subrecipient, must comply with the following fiscal laws, rules and regulations: 0 Section 215.97, Fla. Stat. 0 Chapter 691-5, Fla. Admin. Code 0 State Projects Compliance Supplement 0 Reference Guide for State Expenditures 0 Other fiscal requirements set forth in program laws, rules and regulations 33/49 A TT ACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the sub-recipient named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The sub-recipient and any sub-recipients of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements c?uld result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the sub-recipient, sub-recipient(s), or any outside entity on which the sub-recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, sub-recipient(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the sub-recipient (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the sub-recipient agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The sub-recipient and any sub-recipient(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The sub-recipient shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub-recipients shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMS Circulars A-I 02 and 2 CFR Part 215 (formerly OMS Circular A-II 0). 34/49 Provider Name Address City, State, Zip Signature Title Date Name of Authorized Signer (Revised June 2008) 35/49 ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGmILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS The prospective sub-recipient certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Where the prospective sub-recipient is unable to certifY to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. Signature Date Agency/Organization (Certification signature should be same as Contract signature.) Instructions for Certification The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 2 CFR 376.10-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the sub-recipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, THE ALLIANCE OR DOEA may pursue available remedies, including suspension and/or debarment. The sub-recipient will provide immediate written notice to the Contract Manager if at any time the sub-recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The sub-recipient may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). The sub-recipient will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. The sub-recipient agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 36/49 If the sub-recipient knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the THE ALLIANCE OR DOEA may pursue available remedies, including suspension, and/or debarment. The sub-recipient may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. (Revised June 2008) 37/49 A TT ACHMENT VI ASSURANCES-NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. \. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C..4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A ofOPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis ofrace, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C..1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g). 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.c.. 360 I et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and U) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. 38/49 These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C..1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C..276a to 276a-7), the Copeland Act (40 U.S.c. 276c and 18 U.S.C..874) and the Contract Work Hours and Safety Standards Act (40 U.S.C.. 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.c.. 1451 et seq.); (t) conformity of Federal actions to State (Clear Air) Implementation Plans under Section I76(c) of the Clear Air Act of 1955, as amended (42 U.S.C..740I et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.. 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C..470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.. 469a- I et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C..4801 et seq.), which prohibits the use oflead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 39/49 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE President/CEO APPLICANT ORGANIZATION DATE SUBMITTED Contrractor's name and address 40/49 ATTACHMENT VII ALLIANCE FOR AGING, INC. AMERICAN RECOVERY AND REINVESTMENT ACT THREE-MONTH BUDGET SUMMARY Congregate Meals $0 Home Delivered Meals $ 60 Total $0 41/49 ATTACHMENT VIII CONTRACT REPORT CALENDAR COST REIMBURSEMENT BASIS CONTRACT Report Based On Submit to the ALLIANCE on this Date 1 May Expenditure Report June 2, 2009 2 June Expenditure Report July 2, 2009 3 July Expenditure Report August 2, 2009 4 August Expenditure Report September 2, 2009 5 September Expenditure Report October 2, 2009 6 October Expenditure Report November 1,2009 7 November Expenditure Report December 2,2009 8 December Expenditure Report January 2,2010 9 January Expenditure Report February 3, 2010 10 February Expenditure Report March 3,2010 11 March Expenditure Report April 3, 2010 12 April Expenditure Report May 2,2010 13 May Expenditure Report June 2, 2010 14 June Expenditure Report July 2,2010 15 July Expenditure Report August 1,2010 16 August Expenditure Report September 2, 2010 17 September Expenditure Report October 2, 2010 18 Final Expenditure and Closeout Report November 3,2010 42/49 A TT ACHMENT IX-A OLDER AMERICANS ACT RECEIPTS AND EXPENDITURE REPORT American Recovery and Reinvestment Act PROVIDER NAME, ADDRESS, PHONE#AND FEID# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD: ARR1 From To Report # Contract # PSA# CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by : Date: Approved by : Date: PART A: BUDGETED INCOME! RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. Federal Funds $0.00 $0.00 $0.00 % 2. Program Income $0.00 $0.00 $0.00 % 3. Local Cashllnkind Match -10% Required $0.00 $0.00 $0.00 % 4. TOTAL RECEIPTS $0.00 $0.00 $0.00 % PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Nutrition Education $0.00 $0.00 $0.00 % 2. Nutrition Counseling $0.00 $0.00 $0.00 % 3. Congregate Meals $0.00 $0.00 $0.00 % 4. Congregate Meals Screening $0.00 $0.00 $0.00 % 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 % PART C : OTHER EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of (For Tracking Purposes only) Budget For This Report Year to Date Expenditures 1. Match - 10% Required a. Other and In-Kind $0.00 $0.00 $0.00 % b. Local Match $0.00 $0.00 $0.00 % 2. NSIP Cash Received $0.00 $0.00 $0.00 % 3. TOTAL OTHER $0.00 $0.00 $0.00 % DOEA FORM 105ARR1 04/09 43/49 ATTACHMENT IX-B OLDER AMERICANS ACT RECEIPTS AND EXPENDITURE REPORT American Recovery and Reinvestment Act PROVIDER NAME, ADDRESS, PHONE#AND FEI[)# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD: ARR2 From To Report # Contract # PSA# CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by : Date: Approved by : Date: PART A: BUDGETED INCOME! RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. Federal Funds $0.00 $0.00 $0.00 % 2. Program Income $0.00 $0.00 $0.00 % 3. Local Cashllnkind Match -10% Required $0.00 $0.00 $0.00 % 4. TOTAL RECEIPTS $0.00 $0.00 $0.00 % PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Nutrition Education $0.00 $0.00 $0.00 % 2. Nutrition Counseling $0.00 $0.00 $0.00 % 3. Home Delivered Meals $0.00 $0.00 $0.00 % 4. Screening and Assessment $0.00 $0.00 $0.00 % 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 % PART C : OTHER EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of (For Tracking Purposes only) Budget For This Report Year to Date Approved Budget 1. Match - 10% Required a. Other and In-Kind $0.00 $0.00 $0.00 % b. Local Match $0.00 $0.00 $0.00 % 2. NSIP Cash Received $0.00 $0.00 $0.00 % 3. TOTAL OTHER $0.00 $0.00 $0.00 % OOEA FORM 10SARR2 04/09 44/49 ATTACHMENT X OLDER AMERICANS ACf REQUEST FOR PAYMENT American Recovery and Reinvestment Act PROVIDER NAME, ADDRESS, PHONE# AND FEID#: TYPE OF REPORT: THIS REQUEST PERIOD: Reirrbursement From To Report # Contract # PSA# CERTI FICA TION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by : Date: Approved by : Date: PART A: BUDGET SUMMARY ARR1 ARR2 TOTAL 1. Approved Agreement Amount $0.00 $0.00 $0.00 2. Previous Funds Received for Agreement Period $0.00 $0.00 $0.00 3. Agreement Balance $0.00 $0.00 $0.00 4. Previous Funds Requested for Agreement Period $0.00 $0.00 $0.00 5. Agreement Balance $0.00 $0.00 $0.00 PART B : EXPENDITURES 1. Net Expenditures for the rvlonth $0.00 $0.00 $0.00 2. TOTAL EXPENDITURES $0.00 $0.00 $0.00 PART C : FUNDS REQUESTED 1. Funds Requested $0.00 $0.00 $0.00 2. NET FUNDS REQUESTED $0.00 $0.00 $0.00 DOEA FORM 106ARRA 04/09 45/49 46/49 ~ "0 III "00"00 "0 <(" Q) ro Q)- Q).... 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" 2009 SPECIAL SOLICITATION UNDER THE AMERICAN RECOVERY & REINVESTMENT ACT Nutrition Screening, Nutrition Education, Congregate Meals and Home Delivered Meals MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF SOCIAL SERVICES SOCIAL SERVICES DEPARTMENT SHERYL GRAHAM, DIRECTOR THE GATO CIGAR FACTORY 1100 SIMONTON STREET, SUITE 2-256 KEY WEST, FL 33040 305-292-4510 MONROE COUNTY IN-HOME AND NUTRITION SERVICES PROGRAM 1100 SIMONTON STREET KEY WEST, FL 33040 305-292-4510 305-292-4522 FAX: 305-295-4359 305-292-4483 i' . Monroe County American Recovery & Reinvestment Act Application TABLE OF CONTENTS Service Provider Summary Information Page 3 A. Program Module Page 4 B. Contract Module I. B. 1. Audited Financial Statements Attachment A I B. 2. 30 Days Operating Funds Certification Attachment A I B. 3. Statement of No Involvement Page 7 I B. 4. Assurance of Insurance Coverage Page 8 II. Allocation Methods (Unit Cost) Attachment B III. Match Commitment of Cash Donation Page 10 IV. Match Commitment for Donation of Building Space Page 11 V. Match Commitment of Supplies Page 12 VI. Match Commitment of Equipment Page 13 VII. Match Commitment of In-Kind Contribution of Services Page 14 VIII. Match Commitment of In-Kind Volunteer Personnel And Travel Page 15 Availability of Documents Page 16 2 i J. I.A. SERVICE PROVIDERSUMMARY INFORMATION PAGE New Provider --Meals r l Existing Meals Provider r X l 1. PROVIDER INFORMATION: 2. GOVERNING BOARD CHAIR: Executive Director: {Name/Address/Phone} {Name/Address/Phone} Mayor George Neugent Sheryl Graham 25 Ships Way Social Services Director Big Pine Key, FL. 33043 (305) 292-4512 Name of Grantee Agency: Legal Name of Agency: Monroe County Board of County Commissioners 3. ADVISORY COUNCIL CHAIR: (if applicable) Mailing Address: {Name/Address/Phone} Gato Building 1100 Simonton Street Key West, FI. 33040 i Telephone Number: [305] 294-4641 4.TYPE OF AGENCY/ORGANIZATION: 5. PROPOSED FUNDING PERIOD: June 1, 2009 - September 30, 2010 NOT FOR PROFIT: PRIVATE -X PUBLIC A. New Applicant r 1 PRIVATE FOR PROFIT B. Existing Provider W 6. FUNDS REQUESTED: [ x] Home Delivered Meals [ x] Congregate Meals [] N'utrition Counseling [ x] Nutrition Education [] Nutrition Screening 7. SERVICE AREA: List specific Zip codes or specify countywide Countywide 8. ADDRESS FOR PAYMENT OF CHECKS ITEM #: [Monroe County Finance Dept. 500 Whitehead St. Key West, FL 33040] #1 9. CERTIFICATION BY AUTHORIZED AGENCY OFFICER: I hereby certify that the contents of this document are true, accurate and complete ~ents. I aCknrledge that intentional misrepresentation or falsification may result in the termination of financial assistance. (~_ ,___>/ '. / , ~f- L r Name: Debbie Frederick Signature: '... _~__j <:--: C ( _~ ~ i { " _ --- Tille: Deputv County Administrator Date: j)()/(I} 3 . } A. Program Module The Monroe County Nutrition Program currently receives funding under Title III-Cl and C2 to provide congregate and home delivered meals for 200 over age 60 clients who reside in the Florida Keys, an island chain that extends approximately 125 miles from mainland Florida. Clients are currently served from three sites as follows: . Truman Nutrition Site in Key West, serving Sugarloaf Key to Key West . Mel Leavitt Nutrition Site in Marathon, serving Cudjoe Key to the 7 Mile Bridge . Plantation Nutrition Site in Tavernier, serving the Upper Keys The area of Cudjoe Key to the 7 Mile Bridge is also currently served by the Marathon site due to the Big Pine Nutrition Site and surrounding buildings being under construction. Construction is expected to be complete during the summer of 2009. At that time the former Big Pine Nutrition Site is expected to re- open as the Dallas McDonald Nutrition Site and Senior Center. Plans are currently underway with the Nutrition staff and AARP staff to ensure a successful re-opening. All meals served at our sites or delivered to client's homes meet the OAA Title IIIC-l and Title IIIC-2 nutritional requirements in accordance with the 2008 Department of Elder Affairs Programs and Services Handbook. Both congregate and home delivered meal menus are developed by the food vendor's licensed dietician in six month cycles and reviewed by Monroe County's licensed dietician before submission to the Alliance for Aging's licensed dietician. The Monroe County Nutrition Program meets all CIRTS reporting requirements and is not under corrective action for CIRTS or fiscal reporting monitoring items. The Monroe County Nutrition Program operates under Contract AA-929 with the Alliance for Aging, Inc., meets all current match requirements and will extend those match commitments to any additional funding awarded. Statements of Match Commitments are included in the Contract Module Section B. The additional funding acquired under the American Recovery & Reinvestment Act would be used to expand Congregate and Home-Delivered services in ways that will benefit the clients of Monroe County's Nutrition program the most: Congregate Meals - As previously noted, the Nutrition Site in Big Pine Key is scheduled to re-open this summer. Currently congregate meal clients who reside in the area between Cudjoe Key and the 7 Mile Bridge are transported by Monroe County personnel to the Marathon meal site. This arrangement became necessary when the neighboring fire station underwent extensive reconstruction, making the access to the Big Pine Nutrition Site unsafe for seniors. Many of the seniors who were clients of the Big Pine site decided not to travel the distance to Marathon, resulting in Big Pine Key becoming an underserved area for congregate meals. Funding acquired under ARRA will be used to serve former clients returning as well as serve new clients attracted to the improved site. The same nutritious meals served at the other y!onroe County meal sites will also be served at the new Dallas McDonald Nutrition Site and Senior Center in Big Pine Key. All of the other services of the Nutrition Program, including 4 h ,) monthly Nutrition Education, will also be provided either by Nutrition staff or the Program's DieticianlNutrition Consultant. The new Dallas McDonald Nutrition Mealsite and Senior Center will be shared space with the very active local chapter of the AARP. The manager of the new site will also be shared with the AARP and as a result will not be paid out of grant funds. The funds to staff this position will come from the Monroe County General Fund. Staffwill work with the AARP to publicize the Center's re-opening via the AARP newsletter, local newspapers and radio stations. Monroe County Social Services will also send personal invitations to former clients with follow-up phone calls. Transportation to the site will be provided by the Monroe County Transportation Department, a division of Monroe County Social Services. Current one-way fares are $1.00. Clients unable to pay can apply for a hardship fare of 50 cents. Monroe County Transportation is not grant funded. The funds that supplement the Transportation program are strictly from the Monroe County General Fund. Congregate meal funds not used to serve clients in the Big Pine area will be used to provide additional meals for those clients in all areas who have high nutrition scores. Currently, five meals per week are provided with only occasional surplus meals provided for weekend consumption. Additional funding would enable the program to serve those nutritionally deficient clients as well as those clients financially unable to buy sufficient food for the weekend. Home Delivered Meals - Home Delivered meal client service to the Big Pine Key area has not been affected by the temporary closing of the Big Pine meal site. Other Social Service employees and seasonal volunteers have been regularly delivering meals in the Big Pine and Marathon areas. Home Delivered meal clients in all area of the Florida Keys are financially the neediest. For example, for the period 1/1/09-5/31/09 CIRTS shows that 42% of Nutrition clients have monthly incomes of$700 or less. It is the intent of the Nutrition Program, with these additional funds, to provide those clients with high nutrition scores and/or low incomes with additional meals for weekend consumption. Weekend meals have been provided in years past and the clients have all been extremely grateful. The delivery of these additional meals could be easily accomplished by the current staff during their regular hours, resulting in no additional salary expense. Recruitment of volunteers to deliver meals is also an ongoing process. At last month's Older Americans Advisory Board meeting, Social Services staff solicited Board members to identify year-round residents who might be willing to volunteer their services. The majority of volunteers on the current roster are seasonal residents who work for the Program six months of the year or less. Continuation of the Program Beyond the Funding Period The ~onroe County Nutrition Program is constantly looking for ways to run its program more efficiently and economically. We have identified several Site Assistant employees who have expressed an interest in retiring this year. To reduce our salary expense and thus free up additional money for food and other services, we do not intend to replace any retiring employees. Instead we will assign the Site Assistant duties to the AARP staff member located at each meal site, much as we plan to do when the Dallas McDonald Nutrition 5 ; 1 Mealsite and Senior Center in Big Pine Key re-opens. AARP employees are paid out of Monroe County General Funds and therefore will serve at no cost to the Nutrition Program. We anticipate that we should be able to continue the ARRA services with the money we save on salaries currently paid by the grant. We also plan on applying for reinstatement of our cash match from Monroe County when the next budget process begins. 6 . I .' STATEMENT OF NO INVOLVEMENT I, Debbie Frederick, as an authorized representative of Monroe County Board of County Commissioners. certify that no member of firm nor any person having interest in this firm has been awarded a contract by the Department of Elder Affairs or Area Agency on Aging on a noncompetitive basis to: (1 ) develop this solicitation; (2) perform a feasibility study concerning the scope of work contained in this solicitation; or /t3t}$ve'1 a,program similar to what is contained in this SOlicit~on~ ~ .r~ ( ( l' (' t::: SIt) 1 () q '----- / ' Authorized Representative Date REQUEST FOR PROPOSAL AND CONTRACT TERMS AND CONDITIONS I, Debbie Frederick, as an authorized representative of Monroe County Board of County Commissioners . certify that, if selected as the successful applicant, this agency/firm crg~~t . all . he.t~s and conditions set forth in the solicitation a';Z c,tract. " .r = '1)',) ') 0 q I Authorized Representative Date . 7 CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 10/22108 FLORIDA DEPARTMENT OF CHILDREN & FAMILIES Florida League of Cities, Inc. 1111 12TH STREET SUITE 301 Public Risk Services KEY WEST FL 33040 P,O. Box 530065 Orlando, Florida 32853-0065 CC\tERAGES THIS !S TO ,:ERT1FY THAT Tt-lE AGREEMENT BELOW HAS BEEN IssueD TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED NOrNITHSTANOING ANY REQUIREMENT, 7"ERM OR CCNCITICN OF ANY CGNTRACT OR OTf-IER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT GESCRIBeO HEREIN IS suBJECT Te ALL THE ":"ERMS. EXCLUSIONS ANO CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0386 I COVERAGE PERIOD: FROM 1011/08 I COVERAGE PERIOD: TO 1011/09 12:01 AM Standard Time TYPE OF COVERAGE. LIABIU1Y TYPE OF COVERAGE. PROPERTY General Liability o Buildings o Miscellaneous (2] Comprehensive General Liability, Bodily Injury, Property Damage and o Basic Form o Inland Marine Personal Injury o Special Form o Electronic Data Processing 0 Errors and Omissions liability o Persona' Property o Bond 0 Supplemental Employment Practice o Basic Form 0 0 Employee Benefits Program Administration liability o Special Form 0 Medical Atlendants'/Medlcal Directors' Malpractice Liability o Agreed Amount 0 Broad Form Property Damage o Deductible NlA 0 Law Enforcement Liability o Coinsurance N/A @ Underground, Explosion & Collapse Hazard o Blanket o Specific limits of Liability o Replacement Cost . Combined Single Limit o Actual Cash Value Deductible N/A Automobile Liability Limits of Liability on File with Administrator 0 All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION 0 All owned Autos (Other than Pnvate Passenger) 0 Hired Autos o Statutory Workers' Compensation 0 Non-O\M1ed Autos o Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability o Deductible N/A . Combined Single Limit Deductible NIA 0 Automobile/Equipment - Deductible o Physical Damage N/A - Comprehensive - Auto N/A - Collision - Auto N/A - Miscellaneous Equipment other . The limit of liability is $5,000,000 (combined single limit) bodily Injury and/or property damage each occurrence in excess of a self-insured retention of $ 100,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability Imposed pursuant to Federal Law or actions outSide the State of Flonda. Oescrlption of Operations/LocationsIVehiclesiSpecialltems RE: ComrT'umty Care for Disabled Adults ICCDA) Grant. ! TI'e Certificate Helder ,s rereby added as an addltlcnal n,ured, as r"s~ect'S the me".,ber's liability regarding the above des crt bed Item. I iHIS CERTIFtCATE lS IssueD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR A,17ER THE COVERAGE AFFORCED 8Y THE AGREEMENT ABove. I , CESIGNATEO MEMBER t:ANCELI..ATIONl I H':~lC PoNY cAFfT :::F "'HE ;.eC\E :ESCPBEC AI':;FED.tENT ~E ':AN1:EU...EC BEF.::;,qE ~HE= I !:XP'FiAT:CN CATF -'-'EFECF -HE ,.s~t..'N(; ,:CMPA,N'V .'I'L'... t::NGFA'-I'':c; -,~ "Mll.1': ;:AY~ I .'ljRJ~EN W:7':E ,..c -:-lE ,:ER"'7" F,l:A7'E ......t.:l.i:.E,. N~~1EC .A~j:'iE FC:-;;- A'L_i=iE -{~ ~)All I ~,'ONROE COUNTY BOARD OF COUNTY ,I~''':\-, ~I]:-C.E 2....ALL. 'MP'-:;SE "-4l: ':8L '':'.AT,-:N CR A8,L7Y:F .:.NV ~ NO ,i--':N ~""E CO~,1MISSIONERS ,;:GGGFl,1.M i-:::-, ACENTS CFi PEPJ:ESEN7A7'JES . .00 SIMONTON STREET ROOM 2-268 \ \ KEY ','1 EST FL 33040 . "~\'~' ,_. \...........,., \ r,\'..cAo--....... " \:,~~--.... --_._--_._-'~-- - \'. . ,"':F= :[C::: ~:;[ :i: ~,1- A"':'" '. F;: ,.- 8 - - t t . ACORD CERTIFICATE OF PROPERTY INSURANCE DAn! (MIWWYV) 11/05/08 PRODUCER 1-561- 995- 6706 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk MacagemeDt Service., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. 2255 Glade. Road COMPANIES AFFORDING COVERAGE Suite 400. Boca Raton, PL 33431 I COMPANY ! A Travelers Ca. .. Sur.ty Co INSURED COMPANY MoDroe County Board of County ComaissioDer. B 1100 SimoDton Street, Rooa '2-274 I COMCANY I X-v We.t, PL 33040 i COMPANY I i 0 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUleER I POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LJIIIIT8 LTR I DATE (MIIWDO/YY) DATE (MMlDDiYY) .--1 PROPERTY r - j BUILDING S CAUSES OF LOSS I-- PERSONAL PROPERTY S R~" - BUSINESS INCOME S BROAD - EXTRA EXPENSE S SPECIAL - BlANKET BUILDING -. , EARTHQUAKE - BLANKET PERS PROP S I- FLOOD - BLANKET BLOG & PP S I- - S , S U INLAND MARINE - S I TYPE OF POLICY - S - S 1SES OF LOSS - S NAMED PERILS - S OTHER S A ~ CRIME 103909055 10/01/08 10/01/09 e-!- CVG PORK 0 : S 500,000 I TYPE OF POLICY - S 'PUBLIC BlIP DIS I S ~ BOILER & MACHINERY I S f---J S ,---,OTHER , I I I s I . I : I I : S LOCATION OF PREMlSESlDESCRIPTlON OF PROPERTY Public Employee Dishonesty policy covers dishonest acts of Officers and Emp10ye.s a. defined )y the policy and subject to term. and conditions of coverage form. SPECIAL CONDITIONS/OTHER COVERAGES i I I CERTIFICATE HOLDER CANCELLATION "1Q day. t!or non-payment ot! pr_iwa I SHOULD ANY OF THE ABOVE DEllCRIBED POUCIES BE CANCELLED BEFORE THe i EXPIRAnON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 'lIAIL Monro. County Board jf County Commissioners ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER ~MED TO THE LEFT. Attn: Maria Slavik BUT FAILURE TO "'AlL SUCH NOTICE SHALL .MPOSE "10 OBLIGATION OR L1ABIWTY 11JO Simonton Street, Rm . 2-274 OF ANY KIND uPON THE COMPANY, iTS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ~ ~9Y ~est, FL J3S40 .../~- I i 'l9A ACORD 24 (1/95) ",huibocaraton -j ACORD CORPORATION 1995 10255461 '" ~ ~ III.B. MA TCH COMMITMENT OF CASH DONA TION [ X ] Original, dated ARRA CYCLE [] Revision, dated Contract Amendment # Agency Name: Monroe County Board of County Commissioners Donor Identification: Name: Street: City: State:_ Zip: Phone: Authorized Representative: Total Amount # Payments Amount/Payment Contribution Period $ NM $ Special Conditions: Donor Certification: I hereby certify intent to make the cash donation set forth above for use in the specified program during the program's upcoming funding period. This cash is not included as contribution for any other State or Federally assisted program or any Federal contract and is not borne by the Federal government directly or indirectly under any federal grant or ~~. (,- \ '-.~~~ I.. .. .' ./ '_ . i' X---fZ ../ .:::. II 'I()/}CK Date: -51,;)!} /cl9 Signature of Donor or Representative 10 .' ~ IV.B. MATCH COMMITMENT FOR DONATION OF BUILDING SPACE [X] Original, dated ARRA CYCLE [] Revision, dated Contract Amendment # A enc Name: Monroe Count Board of Count Commissioners Donor Identification: Name: Monroe County In-Home and Nutrition Services Street: Gato BuildinQ - 1100 Simonton Street City: Kev West State: FL Zip: 33040 Phone: (305) 292-4510 Authorized Re resentative: She I Graham, Social Services Director Description of Space: [X] Office [X] Site [ ] Other Provider Owned Space: 1, Number of square feet used by project 1614 sq.ft. 2. Appraised rental value per square foot $ 24.12 /sq.ft. 3. Total value of s ace used b ro 'ect 1 x2 $ 38.930 Donor Owned Space: 1. Established monthly rental value $ 2. Number of months rent to be paid by donor mos 3. Value of donated s ace 1x2 $ Special Conditions: Donor Certification: I hereby certify intent to donate use of the space set forth above for the program specified above during the program's upcoming funding period. This space is not being used as ~~her 5t!'t/' Federal program or contract ~'l~ac clC}'('L Date: 57< '/07 Signature of Donor or Representative J 11 " I. V.B. MATCH COMMITMENT OF SUPPLIES [ X ] Original, dated ARRA [] Revision, dated Contract Amendment # Agency Name: Monroe County Board of County Commissioners Donor Identification: Name: Street: City: State: Zip: Phone: Authorized Representative: Description of Supplies: The below described supplies are committed for use by the project for the period of: Computation of Value: Value to be claimed by project: $ N/A Special Conditions: Donor Certification: J hereby certify intent to donate these supplies for the program specified above during the program=s upcoming funding period. These supplies are not being used as match for any other State or Federally assisted program or contract. /------.. I J ( .\ ~ / . <I) ') ~ r:; X'" A,-~ (' c/t>)(' C Date: ~j." / Signature of Donor or Representative / I l2 .' I VI.B. MATCH COMMITMENT OF EQUIPMENT [ X ] Original, dated ARRA [] Revision, dated Contract Amendment # Agency Name: Monroe County Board of County Commissioners Donor Identification: Name: Monroe County In-Home and Nutrition Services Street: Gato BuildinQ - 1100 Simonton Street City: Kev West State: FL Zip: 33040 Phone: (305) 292-4510 Authorized Representative: Shervl Graham. Social Services Director Description of Equipment: The below described equipment is committed for use by the project for the period of: Ongoing Acquisition Description of Item Number Cost Value to Proiect* 1. 2001 Chevy Malibu $14,888 $ 993 2. 2005 Ford E350 Aerolite $55,690 $3,715 3. 2006 Ford Focus #1 $12,185 $ 813 4. 2006 Ford Focus #2 $12,185 $ 813 5. 2007 Dodge Caravan $15,663 $1,045 Total Value Claimed: $7,379 *Items that are currently owned by the Grantee or are loaned or donated to the project are valued at an annual rate of 6-2/3 percent of the acquisition value. Donor Certification: This equipment is not included as a contribution for any other State or Federally Assisted program or contract and costs are not borne by the Federal Government directly or indirectly under any Federal grant or contract except as provided for under: (9ite tfle authorizirg Federal regulation or law if applicable). I--~ ~ / ( , , ~_I:S--/~/)<{ i"CVJ/ C~ Date:_:7jl)/'oS/ Signature of Donor or Representative 13 ., I, VII.B. MATCH COMMITMENT OF IN-KIND CONTRIBUTION OF SERVICES BY STAFF OF SERVICE PROVIDER OR STAFF OF OTHER ORGANIZATIONS [ X] Original, dated ARRA CYCLE [] Revision, dated Agency Name: Monroe County Board of County Commissioners Donor Identification: Name: Street: City: State: Zip: Phone: Authorized Representative: Descriptions of Positions: Position Service Hourly Rate # Hours Value Amount Title or Salary Worked (rate x hours)_ 1. 2. 3. 4. 5. 6. TOTAL IN-KIND PERSONNEL N/A Donor Certification: These services are not included as match for any other State or Federally Assisted program or contract and costs are not borne by the Federal Government directly or indirectly under any Federal grant or contract except as provided for under: (cite the authorizing Federal regulation or law if applicable). It is certified that the time devoted to the project will be performed during normal working hours. r-. / ( \.7{ 'V I --~ / i ')7/,)') //IJ if \''''-'''- -~:_~. . --., / ~ -~---' ' , X / ..__/ . ' " /(! '- l_ Date: Signature of Donor or Representative ( l4 H '<- VIII.B. MATCH COMMITMENT OF IN-KIND VOLUNTEER PERSONNEL AND TRAVEL [X] Original, dated ARRA CYCLE [ ] Revision, dated Contract Amendment # Agency Name: Monroe County Board of County Commissioners Donor Identification: Name: Street: City: State: Zip: Phone: Authorized Representative: The volunteer staff positions identified below will be filled by local volunteers who will be recruited, trained and supervised as an ongoing activity of our agency. We will maintain volunteer records to document individual volunteer activity. Describe Volunteer Effort: Equivalent # of Value Position Title Hourly Rate Hours to Proiect 1 $ $ 2 $ $ 3 $ $ TOTAL VALUE TO AGENCy........................... N/A $ Equivalent Hourly Rates were determined by: [ ] Rates for comparable positions within own agency. [ ] State Employment Service estimate of rates for type of work. [ ] Rates for comparable positions within other local agencies. ESTIMATED MILEAGE X RATE PER MILE = I $ VALUE I Donor Certification: I hereby certify that commitments have been received from individual volunteers or groups suJficient to prov(.efe the volunteer hours and travel identified above. " -----, --_.'.-- .-.-/ / '//' )l ~(,-__/~.:~, C/{~lCJI Date: S1~i0)C) Signature of Agency Official . Name: 15 . , 11.0. AVAILABILITY OF DOCUMENTS The undersigned hereby gives full assurance that the following documents are maintained in the administrative office of the provider and will be filed in such a manner as to ensure ready access for inspection by the AAA or its designee(s) at any time. The Provider will furnish copies of these documents to the AAA upon request. 1. Current Board Roster 2. Articles of Incorporation 3. Corporate By-Laws 4. Advisory Council By-Laws and Membership 5. Corporate Fee Documentation 6. Insurance Coverage Verification 7. Bonding Verification 8. Staffing Plan a. Position Descriptions b. Pay Plan c. Organizational Chart d. Executive Director's Resume 9. Personnel Policies Manual 10. Financial Procedures Manual 11. Operational Procedures Manual 12. Interagency Agreements 13. Affirmative Action Plan 14. Outreach Plan, if applicable 15. Americans With Disabilities Act Assurance and supporting documentation 16. Unusual Incident File 17. Contribution System 18. I nventory List CERTIFICATION BY AUTHORIZED AGENCY OFFICIAL: I hereby certify that the documents identified above currently exist and are properly maintained in the administrative office of the Provider. Assurance is given that the AAA or r'~be Jive,n immediate access to these documents, upon request. ,_ . ~ ,/. . . Cle7J(';: .5-j~/)I.J<] Signature. bate I Debbie Frederick _Deputy County Administrator_ Name of Authorized Individual Title of Authorized Individual ri 6234096_ v I 16 " I Attachment A INDEPENDENT AUDITORS' REPORT To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of Monroe County, Florida (the "County") as of and for the year ended September 30, 2008, which collectively comprise the County's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the County's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and standards applicable to financial audits contained in Government Audltmg StanJards. issued by the Cornptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit mcludes examining, on a test basis, eVidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, based on our audit. the financial statements referred to above present fairly. in all matenal respects, the respective financial position of the governmental activities, the business- type activities. each major fund, and the aggregate remaining fund information of the County, as of September 30. 2008 and the respective changes in financial position and cash flows. where applicable, thereof and the respective budgetary comparison for the General Fund, Fine and '-orfeiture Fund, Governmental Grants Fund, and the HIDTA Grants Fund. for the year then ended in conformity with accounting principles generally accepted in the United States of ,:l.r:1erica. 3- · " ~ In accordance with Government Auditing Standards, we have also issued our report dated March 30, 2009 on our consideration of the County's internal control over financial reporting and on our tests of Its compliance with certain provisions of laws, regulations, contracts. and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The management's discussion and analysis section as listed in the table of contents is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures. which consisted principally of Inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the County's basic financial statements. The introductory section. combining and individual fund statements and schedules and the statistical section as listed in the foregoing table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying Schedule of Expenditures of Federal Awards and State Financial Projects are also presented for the purpose of additional analysis as required by the U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments. and Non-Profit Organizations and Chapter 10.550. Rules of the Auditor General. and is not a required part of the basic financial statements. The combining and individual fund statements and schedules and the accompanYing Schedule of Expenditures of Federal .o,wards and State Financial ,I\ssistance Projects have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly presented in all material respects in relation to the basic financial statements taken as a whole The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. CHERRY, BEKAERT & HOLLAND, l.l.P. ~~ ~ ~ ~ L~~. Orlando, Florida t\llarch 30, 2009 ~-2 .' f; Management's Discussion and Analysis As Finance Department management under the direction of the Chief Financial Officer and Clerk of the Circuit Court in Monroe County, we offer readers this narrative overview and analysis of the financial activities of Monroe County Government for the fiscal year ended September 30, 2008. We encourage readers to consider this information in conjunction With additional information furnished in the letter of transmittal of the report and the basic financial statements for an overall view of Monroe County's activit:es. Financial Highlights . Monroe County's total net assets exceeded its liabilities at September 30. 2008 by $487,642,471 an increase of $20,643,348, Net assets for governmental activities were $400.269,201 and $87,373.270 for business-type activities. . Unrestricted net assets, available for Monroe County's ongoing obligations to citizens and creditors were $148,243873. an increase of $49,667,526, Governmental activity unrestricted net assets were $128,249.820. Business-type activity unrestricted net assets were $19,994.053, . At September 30, 2008 Monroe County's governmental funds statement reported combined ending fund balances of $173,580,004. Of this amount, $140,274,211 remains In the various fund types of Monroe County as unreserved. . The General Fund reported a fund balance of $16470,425, an increase from the !ast fiscal year of $2.368.007, . Bonded debt and loans of Monroe County increased $43,779,584 In 2008, Monroe County's percentage of bonded debt and loans compared to net assets increased from 10.9% to 194%, Overview of the Financial Statements ThiS discussion and analysis is intended to serve as an introduction to Monroe County Governments basic financial statements, which include government-wide statements, fund statements, as well as notes to the fillancial statements, This report also contains otrer supplemertary Information in addition to the basic financial statements. Government-Wide Financial Statements Government-wide ~inancial statements are des;gred to prOVide the reader with a troad overv'ew fJf :'1e finanCial posit on of Monroe County and are slm!lar to cr'vate-sector financ'al statemerts. Trey I"dude a Statement 'Jf "Jet Assets 3rd a Statement of Actl'Jt es T:'8se staten'en:s 3CpearJn :Jges o-! 'hrolJ9h 0-4 Of ~rs recart r-e S~atemer~t .Jf Net ,Assets srows tre CJunty s assets less ,ts labillt es at September JJ. 2(::8 T'~e ::::uerence bet'/veen these assets and abiiit'es:s -eccrted as ret assets. Chaflges n ret 3ssets Q'ler ':mef1ay jer,1Icati',e Jf .an rnprovrg or .:Jetenorating f:rancal POSltCIl Net assets are reoorted r :I....ee categores 1.\ 'n'/ested n :3pi~31 assets retJf re1ate1j debt 2, r,:stri :ted 3'ld 3; L.westr'c:ed .... A , - --' .. . The Statement of Activities, which follows the Statement of Net Assets, presents information showing how the net assets changed during fiscal year 2008. The statement presents all underlying events, which contribute to the change, irrespective of the timing of the related cash flows. Thus, revenues and expenses are reported In this statement for some items that will only affect cash flows in future fiscal periods. Such items mclude revenues earned and expenses incurred but not yet paid as well as unused vacation leave, all of which will produce changes in cash in a future fiscal period. Both statements attempt to distinguish functions of Monroe County that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges for services (business-type activities). Governmental activities reported in the statements include general government, public safety, physical environment, transportation, economic environment, human serVices, culture and recreation, a"d court related. Business-type activities include Monroe County's airports solid waste and landfill operations, and the Card Sound Road and Toll Bridge, Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. Monroe County, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of Monroe County can be divided Into three general categories: governmental. proprietary and fiduciary funds. Governmental Funds Governmental Funds essentially account for the same functions as those reported in the government- .v,de statements descrrbed above, However, un:ike the government-wide statements, this set of financial statements focuses on events that produce near-term inflows and outflows of spendable resources available at the end of the fiscal year, which is a narrower focus than the government-wide financial statements. Such Information may be useful in evaluating the available spendable resources. These statements appear on pages E-1 through E-17 of this report. It can be useful to compare the information presented for the governmental funds with similar information presented for governmental activities in the government-wide statements, Therefore. reconCiliations are provided as a link between both the governmental fund stateme~ts and the government.wlde statements to assist in this comparison. T'ie governmental fund financIal statements present financial information for the Countys general. special revenue. debt service and capital project funds, Governmental funds individually presented as 'TaJor f1jrds in Monroe Countys statements include: the General Fund three Special Revenue Funds: Fre ard ForfeIture Governmental Grants and HIDTA Grants. and four capital project funds: One Cent :'lfrastr'Jcture Surtax Infrastructure Revenue Bonds. Ser,es 2C03, Infrastructure Sales Surtax Revenue Bends. Series 2007 and 89 CJppitt WastelNater Project I ;... t'"'cuJr (rere '::l'e p-any 5rn3i'er ]o'vernmental furds 1'1 ~,'crvce Courty t.....e'J h3\e beer oreserted ir a ''Jtal ':JIU"in NO:lrlJJo' GcverrlTental F.inds Trese furds are p,'esen:ed Indv:d:"'3I1j n ''''e c'Y....blru..g 3"'d 1'~dIV 'jt.Jal 'l.,.,d s+ater1e.-,ts section of the report ~ " ......-L .' . Proprietary Funds Monroe County maintains r.vo different types of proprietary funds, enterprise and internal service. The proprietary fund statements appear on E-18 through E-27 of this report. Enterprise funds are used to report business-type activities in the government-wide financial statements. Monroe County maintains four major enterprise funds: Municipal Service District-Waste, Key West Airport, Card Sound Bridge, and the Marathon Airport. There are no non-major enterprise funds. Internal service funds are used to accumulate and allocate costs among Monroe County's various functions. Monroe County uses internal service funds to account for insurance activities (worker's compensation, group health and risk management) and fleet maintenance activities. Internal service funds are presented in total In the fund financial statements but may be reviewed individually In the combining and individual fund statements section of the report. Because these services predominantly benefit ;Jovernmental rather than business-type functions, they have been included within the government-wide financial statements as governmental activities. They are also combined into a single. aggregated presentation In the proprietary fund financial statements, Fiduciary Funds Monroe County uses fiduciary funds to account for resources held for the benefit of parties outside of County government. such as assets held in trust and agency funds by Monroe County as an agent for individuals. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support Monroe County's own programs. The accounting used for fiduciary funds IS much like that used for proprietary funds. The fiduciary fund financial statements appear on pages E-28 through E-29 of this report. Notes to the Financial Statements The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in both government-wide and fund financial statements. The notes commence on page F-1 and continue throughout the entire F page section. Other Information Combining and individual statements and schedules mentioned earlier, which present details of non- major funds used in governmental and enterprise funds, commence on page G-1 and continue throughout the entire G page section. This section also includes the budget to actual schedules, and statements for major capital project. Internal service and agency funds. Additional Information about Monroe County can be found under the Statistical Section in the H page section ard the Single Audit Section in the I page section of this report. Government-Wide Financial Analysis Monroe County Net Assets (in thousands) ~.:;'...r::r,"""re'-'!.Jj ,~lJ $;; ~':; S5- ~"i C 0 T ;'01; ".."".l~l ":t:\i t'es '\':;f \, Les '.~' ~\.. ~rr ~r~ ~nt ~ ~."I..... ..---.-- :. >>3 _.....J;' 2:';:3 ':::07 2': :3 -, - ~~!~. ."; -.,j=.~;...,er ":',ss-:ts 522J '373 5 '8:' ':94 ~~5 · 13 '3'32 ::-2 ~2-~ ~'J1 3~:3'= _:'3 (;.3 " " Governmental Business-type Total Primary Activities ______..~ctlv~.t~s Government '--~-'-'~-,,-,,--,- .....--....."' ......... .- ....... . ._.------_.__.._~------ 2008 2007 __._?.9~ 2007 2008 2007 .-...-..--..........-- .----- Capital.Assets -. 279.394 251.916 78.4~~_ 60.365 357.392 312.281 ..... Tela/ Assets 514067 449910 --~~.~~- 122.937 637683 572 347 --......-----.- Current iOther Liabilities 38.821 36899 8,235 11 698 47,056 43597 l0ng- Term Labilities _.?4,~1L 23.C~~ 28.008 34,166 .~g~2_ 57251 .. --.- -~----_._...- Tetal Liabilities 113.798 59,984 36.243 _.i.~2864 ..m.1~g. 041 105348 Net Assets: invested in Capital Assets, Net of Related Debt 253.773 243.296 60.229 52,893 Y 4 002 296,139 Restncted 18246 67,710 7.150 4,524 25,396 72234 Unrestrreted 128 250 -_..??,~~tL ---~~.~ 19.656 148 244 98,576 ....--....---..-- r atal Net Assets 5400 269 5389 926 S~.Z1373_ 577,073 5487642 S~6€i.999 ~"""'~..--=-- ~....-:...'"".~ The overall financial position of Monroe County improved in both fiscal years 2008 and 2007. Changes in net assets over time can be one of the best and most useful indicators of a government's financial position. Monroe County's change in net assets for the fiscal years ending 2008 and 2007 were $20,643,348 and $24,628,293, respectively. The 2008 increase in net assets was $3.984.945 less than the prior year The largest portion of net assets for 2008 and 2007 is Monroe County's investment In capital assets le.g., land and depreciated bUIldings, infrastructure and equipment) less any outstanding debt related to their acquisition. This category represents 64.4% and 63.4% of total primary government net assets for fiscal years 2008 and 2007 Monroe County uses these capItal assets to provide services to citizens; consequently, these assets are not available for future spending. Although Monroe County s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. Total primary government net assets above also include restricted net assets. Restricted net assets are resources subject to external restriction on how they may be used. The restrictions reported for bUSIness-type activities are comprised of the landfill closure and post closure costs and the Key West Airport's debt service payments and passenger facility charges. Restrictions reported for governmental activities are special purpose funds which report the use of resources as <:1esignated by external entities. The remaining component of net assets is unrestricted net assets. Unrestricted net assets may be used to meet the County's ongoing obligations to citizens and creditors The 2Gog l'lcrease ill c:.went and ctrer assets arose frcm a decrease In cash restricted Gash and Jccoun.s re,:eiv3tie, offset by ircreases ill investIT'e"'ts. alT'c,-,rts due ~rom .)ther 'J:J'/errrr'erts and r-=str.:'ed "'vestmerts. T1e C'Junty ',-,sed restricted and IJrr-=stricted cash to reduce acounts pajatle Glicer-ase ,"'"estrrents and orovrde.vorking:ar.::tal ~or 'jrant ;-elrrbursements. Tre r:"ease n amounts ,jL.e frsm Jthec 'Jc',ernri'ents :s related to t~e 'eduction in cash Accoun's recep/able dec~eased3s tre ':our'ty :oleC'edJu:standirg nsurarce 'erTJbursements f'o"n humcane carrage SL..st31'1ed ,., prior 1 ears Restr,:ted ",:vestments ,rcreased teC3L..Se 'Jf jebtoroceeds m'Jst of '.vrlch ',\ere ..Jrscent b'l tre ~r.j ,)f 'he fiscal ,ear Restricted '3rd urrestrrc~ed Ir'Jestrrents .'1c:'33sed 3S CJl..nty assets Nere :JKer 'r)n1 the F!c.":da State Boar,j cf A.,jmlnlstratlon'1'1estrrent ;:001 3nd placed in go'/er'lr:'e,:t Jgercy 3eCl..rites <:: 4 .' . The increase in capital assets is related to several large construction projects including the judicial center. the Big Pine Key Fire Facility, the medical examiner facility, the Upper Keys government center. infrastructure projects for wastewater facilities. a Big Pine Key park and the Key West airport facility. Current and other liabilities decreased as cash balances were used to reduce accounts payable, offset by a significant increase in the current amount of revenue notes and bonds payable. Long-term liabilities increased as a result of the issuance of sales tax revenue bonds and revenue notes funded by the state for rural utility projects such as the County's wastewater improvements. Long-term liabilities also increased due to the recognition of other post employment benefit costs. Comparison of Current Assets and Liabilities (in thousands) A comparison of current assets as compared to current liabilities for both governmental and business- type activities can be a good indication of Monroe County s ability to meet its current and existing operational responsibilities. The ratios for the current and prior fiscal years are as follows: Governmental Business-type Activities Activities -.----.-.. ......._.-.~- .... h ..~ ~.~ .........._-_..~-"---_._- 2008 2007 2008 2007 ___....~.M__._ ._...._____..n_.._. .. - Current Assets $227,18~ ". $1 ~Q~ 902- .... $~2,171 $ 49,786 . . Current Liabilities ~~~, 8?1.._ ~_36.J.~~~_ $ 8,235 $ 11 698 ____m _.... . . _~. .-...... ..."."."....,.,..",.._,,.,,= u .~.,_, "~."'-..'U ^ "'_ Ratio of Current Assets to Current Liabilities 5.85 517 3.91 426 ".=..,=-,. .'-'-.-......-...'>=...=,- ._---_...__._..-....~ ~,.----- ...,..- The schedule above demonstrates that Monroe County has more than adequate cash flows. Monroe County Changes in Net Assets (in thousands) Governmertal Buslress-type Total Primary i\ctlvltles I~ctivities Government .--- .....~--_._-~-- .-- . - ._.._~..._... .'~" ...-.-.,.... ~-_....__.__. 21J08 2007' 2008 2007 2008 2007 --- .--. ---.-..-..... ... ""-- ._--.- .- Revenues: :inrges for Serv'ccs $ 25.;;68 S 27,179 S 21 155 :5 21.957 S 46,723 S 49,1'36 -'::cer.Jtng Crarts .1"j ''::;.l'rC1j!:'Jr5 :4 :::C6 3' 7JJ 5.3(2 45:4 ,1O;r)8 .~( 217 ~ ~":'Cl!~]i '.";:Jrts :"/j -=~r~:-,;Lr'c-s t3 't'30 2 981 -;;33 ; ':;;9 '2 ":98 ;) 2'30 Gener.]! Relienues: :ccr!y J,(':5 -.1 ~.j 1 -7 ::J -.l ::;81 ~, : :"1::'( -' 1.'(1=.15 4:3 L) 1 .t":,,,J'''"4 4:3 ~91 ~) 274 ~\l'e ;: t~'je-"u~ : -~,:" l'J ~ -. ~ '1 ; :'~ : ' .3" >3 ::':'.3 ...,~.st"'l.!-t ,-.c :,..-c -. ':f:;2 '1 ;: -:2 -I ..,....~ ~84 ) =1~9 .:~ :: ~.j ~" . '.~ ,:)'~~"-1~~C":..J3 4 ~ '8 S :;'~3 ;:2 :: 22' :::; J'?r ~ { ~. I) - _', I:':; .='-.; t-;.... ....l:S -.., 4 -- L 'L :,,~,) < 5::4 .,4 -j7') :-: : :. ."l.... 1 -, .~ - .~ ~ ~ "--'~ .....,;", ':-') " . 'Jovernmental Business-type Total Primary ;\ctivlt'es Activities ______c;q...ernment ..-_. .--...--...---- _..... .. ..... m.__..___.___._._____._ 2J08 2007 .-.._-- 20C8 2007 2008 2Q07 --.---- . ----.- -_.._.~_...._._.__..._. Excenses: General Government 36.241 38,903 - 36241 38.903 Public Safety 98,Oe6 95,818 98.086 95.818 Physical Environment 4.743 9,037 4,743 9037 Transportation 6,280 6,503 - . 6280 G.503 Ee'Jnomic Envllonrnent 18.269 18.205 - 18,269 18.205 HU!T1an Services 9.235 9,699 9235 9.699 Culture and Recreation 8,181 3,469 8,181 3A69 Court Related 9,367 10,110 - 9367 10,110 Interest on Long-Term - Debt 2,299 799 2.299 799 Solid Waste - 15694 1 5.444 15,694 15.444 foil Bridge - 1,331 1,070 1,331 1.070 Key West Airport 7028 9,672 7,028 9672 Haratllon Airport "__".._...,_H . --. .-.-.......... .-."----..- 2574 3,858 _.m.?!~ 74 3,85~ Total Expenses ___l~2701 . _.1\:)?L5.~_ ___Z6,??? 30 044 _ .,219328 222.587 ..... ..--..---.- (>a'~ge in Net !;ssets Before Transfers 12.266 19,697 8,377 4,931 20,643 24.628 fransfers .. t1H923) l1.435) ..._._.lE1ll.. ___l,i}!5.. .,- _.__.__._,~. ..__.... ..-.-- ,-".- Change in Net Assets 10.343 18.262 10,300 6.366 20,643 24.628 Net Assets, Beginning 389.926 371 1364 77073 70.707 466 999 442.371 -----.... .-.---- ..-.-- +,..__. .__. ....m_......__ ..~-.-,-, .. ... ...---_..-...._.. Net A3sets Ending $400.269 -~!~~,.2~~ _..187 373 ~~.!.n.:.2z.L $487642 _,,;i'!139 ,,~99 -.,'".....,_._,...."",.,=.,~ w.=_=.".,.....".-"'"'..,.,.,......'o-...,.,_. =-- Governmental Activities T~e ']raph on the 1ext page represents a compar'son of program revenues to program 8xpenses for ]')\ier'~'T-=n+al ,'lcti'vit'-=sn fiscal fears 2008 and 2Q07 Its apparent from trese graohs tt'at ge'1eral 'e,,':?'L.eSNere required to:cver experses In each of :he functIons noted. '" ~ ~-J " I Monroe County, Florida Governmental Activities (in Millions) For the year ended September 30, 2008 I - Program Revenues o Program Expenses I 1200 98.1 100 0 800 600 400 183 20.0 4,647 00 G1 -0 m -i m C/)::J: ::0(1 (1 o G> ~ ~ -0 ii) :J m 0 a- (f) c:: ~ S. ~ (f) :J < C"l ~. 3 c -. ::r ::;. 0 .... ~ ::l .... :J ('r a-< IJ) o :J C"l Q) (f) C :J (f) :J !!? '0 :J 0 9l :J ~(i) ::0 3 ii) en 3 C"l 0 3 3 (l) Q) fit g Qo (f) - \'D' (f) 9L (f) -' ~ ;a. :J - :J C"l -'< - <:5' ....- (1) :J a. The largest revenue sources for governmental activities in 2008 are property taxes in the amount of $74 581.111 and all other taxes totaling $48,291,193. Total taxes of $122,872,304 amounted to 60.0% of Monroe County's governmental activity revenues excluding transfers. The second largest revenue source is operating grants at 16.8% of governmental activity revenues excluding transfers. The 2008 graph identifies the 'argest expense function as public safety amounting to $98 C85 625. This IS 50.9% of the total expenses for governmental activities. The second largest function is general government in the amount of $36.241,222 or 18 8% of total expenses for governmental activities. The general government expenses include the Tax Collector, Property Appraiser, Clerk of the Circuit Court, and the Supervisor of Elections. Monroe County. Florida Governmental Activities (in Mil/ions) For the year ended September 30, 2007 ,_ Program Revenues o Program Expenses I . iO 0 .t rJO 0 95.8 300 ~O i'J ,3 9 37 ~.J -J .::; J ~ : ~ 3 ~ '; t; 1'] 1 , ~ " . .J , ,; '"J -. -i -, 'll- :1J:l i; ~ -:) - ~ -:J ell ~ .->rJ .1) ~ ~ ;-. ':J :r < .'J <: c:: -- ? cE -- ::r ::l - 'J - -3 ? f - :=i -3 '< J1 3 j i' __, - ~ ~ ~ ,:] 'J ::l C J ~ ... , :TJ :" 3- ~ . -. - .=: \.) -3 3 .1 j ;;'J ~ ~ ~ -J ~ ..:J )' ;) - -J ) .-. :J :J " < .3 ,3- ::l ~ - , -. J .' '; The largest revenue sources for governmental activities in 2007 are property taxes in the amount of $77,370,025 and all other taxes totaling $49,874.175, Total taxes of $127244.200 amounted to 60.0% of Monroe County's governmental activity revenues excluding transfers_ The second largest revenue source is operating grants at 14,9% of governmental activity revenues excluding transfers. The 2007 graph identifies the largest expense function as public safety amounting to $95817.557. This is 49,8% of the total expenses for governmental activities. The second largest function is general government in the amount of $38.902.793 or 20,2% of total expenses for governmental activities. The general government expenses include the Tax Collector, Property Appraiser, Clerk of the Circuit Court. and the Supervisor of Elections. Busi ness-Type Activities The purpose of proprietary funds is to recover the majority of costs incurred in providing a service through user fees and charges for that service. Charges for services revenues in 2008 amount to $21,154 921 or 60.4 % of all revenue sources. Other revenue sources include operating grants, capital grants, contributions, investment income, and miscellaneous. Total revenues excluding transfers from other funds were in excess of expenses excluding transfers to other funds by $8376,233 The change in net assets in 2008 was $10,299,671. This represents an increase of $3.933,312 from the prior year, mostly attributable to capital grants used to fund the construction of the new Key West Airport Terminal. Financial Analysis of Monroe County's Funds Governmental Funds As mentioned earlier in the FinancIal Highlights, Monroe County's governmental funds reported combined fund balances of $173,580,004 at the end of the current fiscal year. This represents a 251 % Increase from the prior year. Governmental funds' unreserved fund balance totals were $140,274,211, an increase of 16.7% from the prior year and 80,8% of the total fund balance. Reserved fund balances are as follows: $20.403,917 to meet current commitments (encumbrances) in the next fiscal year: $2154.271 for Monroe County land Authority land and land nghts acquisition; $6,740,579 for mortgage loans receivable; and 54.007026 for payment of debt service. The Monroe County land Authorrty is a blended component unit of Monroe County and is reported as a non-major special revenue fund The General Fund IS tre chief operating fund of Monroe County and automatically, one of Monroe County s major funds At September 30. 2008, total fund balance in the general fund was 516.470425. Total revenues decreased $4,518967 or 10.6% from the previous year Revenue from taxes ,ncreased 56.559.388 due to a reallocation of 2008 millage. The increased revenues were more than offset by a decrease in Intergovernmental revenues attributable to a reclassification of Intragovernmental ~r;msacticns Expenditures also dec;eased 511 650 376 or 12 7%. Most of Ihe expenditure decrease s'eiated to t!-le f'ec!assff;catlon .Jf public safety intragolJernmental excend,tures related to ~'le ''''trJgovernriental re'/enue reclassification C-8 ,. t Other Maior Fund Information (in thousands) Fine and Forfeiture Governmental Grants HIOTA '--.. .- -.- 2008 2007 2008 2007 -~~ 2007 ..- --.-- '--"-"- ---- Revenues and Other Sources $44.419 $52,751 $ 9,929 $ 15.061 $ 22,337 :5 21,298 Expenses and Other Uses 44,217 45267 10550 7408 22,337 21.298 -_.....~.._--- .--__.."__0_ ---...-.-.....--.-.- --_.. ---- --," !ncrease/(Oecrease) In Fund Balance :5 202 ,$ 7~8~ S (621) $ T f3?L $ .~~~~ "--'-'--;_."-~ One Cent Infrastructure Infrastructure Revenue -_._..~~----- _____I3.<?':lgl?_Series 200.~_ -.__?Q.9J~___ -~ 2008 _?99L__ Revenues and Other Sources $16.491 $ 17,231 $ 6,088 $ 5.751 Expenses and Other Uses ____18.073 ... ___.34,~~._ __.1?,~50 _ ....__1~ Increase (Decrease) in Fund Balance .. $-~~~~ J (17 62?l -..t@~L?,?)_ L(4,40~ Infrastructure Sales Sw1ax Revenue Bonds Big COPPltt Wastewater Series ;097___ .----____.....Efgl~...._.._ 2008 2007 2008 2007 ....-.- ~__~__._m ___._ __~... ._--~--.._._........--- F~evenues and Other SoulI:es $ 31,049 :5 $ 26,767 $ Expenses and Other Uses 6.226 13 004 ..---......_..~.._.,----.. ------ --'-"'--"'--- "'-'--_..~...- !ncredse I Decrease) ,n FLJnd Ba/ance $ 24823 $ S 13.763 $ -""""""''--",=-~ _. --.- .----.,.._~ Fire and Forfeiture Special Revenue Fund Tax revenues decreased because of a sgnlficant 'eallocation of "'"lage rates. Expenditures also decreased in -esponse to anticipated economiC cond/tons. '~IJ'/err'r-'ertal G-'-lnts SpeCial Re'Je'l'Ae Fund '3rant revenues 3r,j experd:tures 'or tlL.rrisares Jec! red as darrage :!alms ,ncurredn prior ;e~1rs Nere ,'::JfT1p'e~ed In 'he current year '3 slgnl':cant grar't L~r :ile 8i9 CccottlvasteV\ia~er ::;r'JJect was ,ised '0 Jssst In Infrastn_.ctu-e constructon Grant '"r'ded eX1=eraitu'es ',"ere :"grer ,I, '=at:or ~o ;}rant revenues as rUrr'care )"ar;t revenues ,,,hICh .8':luire less Tatch Gee,red ard .'''3ste'Nater gr3nt revenLes. ',vnic'l 'equ:re f""'ore~3tch Increased. ,-<:CT,-\3rarts Scec!al ~eV8nt.0 F....rd T'" 3 fund S '_.sed ~o aCC~Lrt For ,-el',:cursemert 9rar~s ',-,rded .:; !"'e I.,; S Jecar+rner;t'Jf Jl.sti:e ~O 'J'1t j'...J :'affi:k'''9 r~e '/lJ'_ln~e of 'e'JerLes a,,'::1 expercttu'es -33 rot Sil;-flc3rt'j :!~arged as f:rG~Y3'rs es~at:sred 'Cy :"eyantor "'a'le ceen cortirL.ed c-} ,. , One Cent Infrastructure Surtax Capital Proiects Fund The citizens of Monroe County approved a one cent sales surtax which is the main revenue source in this fund. Investment revenues dropped due to the decline in interest rates and reductions in the amount of accumulated funds invested. Wastewater management projects previously funded by sales taxes have been funded in the current year by grant and debt proceeds. causing a decrease in expenditures. Expenditures further decreased as the construction of two new parks was completed. However, more funding was transferred to the Infrastructure Surtax 2007 Revenue Bonds Capital Projects Fund to complete projects initially funded by Its debt proceeds, offsetting the decline in expenditures. Infrastructure Revenue Bonds Series 2003 Capital Proiects Fund In 2003, Monroe County issued 521 455.000 in revenue bonds to be paid from one cent sales surtax revenues. Revenues in 2008 increased because of transfers from the One Cent Infrastructure Surtax Capital Projects Fund. Expenditures increased as the projects to be funded by bond proceeds are nearing completion. Infrastructure Sales Surtax Revenue Bonds. Series 2007 Capital Proiects Fund Monroe County issued 529.415.000 In revenue bonds to be paid from one cent sales surtax revenues. and earned investment income on unused proceeds. A portion of the proceeds were expended on a new medical examiners' facility, new fire houses and an upper keys government center, Big Coppitt Wastewater Proiect Capital Proiects Fund Monroe County borrowed $21.000,000 in Revenue Notes from the Florida Rural Utility Financing Commission to assist in the financing of the Big Coppitt Wastewater Project Additional financing will be provided by state grants and assessments to property owners. Considerable progress was made in the construction of new wastewater infrastructure Proprietary Funds Proprietary fund statements provide the same information as in the business-type activities column of the government-wide statements, but in greater detail and on a fund basis for enterprise funds and internal service funds. The Municipal Service District-Waste Enterprise Fund maintains Monroe County's landfills and transfer sites Monroe County continues to outsource the waste haul-out services through a major contract. The revenues are pledged to meet the debt service payment requirements on the Monroe County. Florida Solid Waste Disposal System Refunding Revenue Note, Series 2002. The level of construction activity within the County dropped resulting in lower revenues from landfill sites. Expenses increased due to the addition of staff and the accrual of post employment benefit costs. Card Sound Bndqe Enterprise Fund collects tolls used to maintain a br;dge connecting Monroe County '0 the mainland. .A.s gas prices rose and the economy slowed. toll coPections dropped. Interest income 31so aec!ined due to a:Jrop In interest rates. Expenses ,ncreased due to the addition of staff and the accrual of post employment benefit costs. T- e K,~y ',"'est ,Arport Enterp(se F'~rd 'eCei'J8S slgmficant operating and c:apital grants Tf-,e major scur,:eJf T3tGr 'Jr ~rese ]rarts is accur.,.,u:ated funds 'rom ;:asserger 'ac lity fee <::harges pa:d by tre .ario_.s a,r!:"es OIJr:rg 2006 tre Key 'Nest Aq::ort issued revenue bonds to fund tre cost JT :3 '~ew 'J1:Oort ter'1liral and related facilities PartJf tre re'Jel1Le stream committed for the payrrentJf bend !:r nq:al and :-':3rests the:ollect:on ':)f passenger 'acliity 'ees Cl=erating :;Farts in.:reased to furd ~3rl'J -~trernerts of ''?'ienue cords ':'perat.ng ex;:erses decreased due to the cornpet.cn cf a TaJor '~o '3e 'rC'J',ernent cy':;gram. Caeltal grants ncreased to cro'/!de add't'onal fU"Cli'1g fJr t'1e a,rccrt :er....,tr31:o..,strJ~ct en. '~-' J " '. Other factors concerning the finances of these three major funds have already been addressed in the discussion of Monroe County's business-type activities. The internal service funds include the Worker's Compensation Fund, Group Insurance Fund, Risk Management Fund and the Fleet Management Fund. The self-insurance funds are an important part of Monroe Countys operations. Insurance recoveries decreased as the County completed the recovery of hurr:cane damages incurred in pnor years. Personnel services Increased due to the accrual of post employment benefit costs. Operating expenses increased as gas prices rose, insurance premiums increased and more fees were paid to insurance consultants hired to maxImize insurance recoveries. Insurance recoveries were also transferred to funds in which the claim expenditures onginated. Capital Assets Monroe County's financial statements present capital assets in two categories: those assets subject to depreciation, such as buildings, infrastructure, and equipment and those not subject to depreciation such as land and construction in process. Investment in capital assets for both governmental and business-type activities, net of related debt at September 30,2008. was $314,001,790. Investment in capital assets for governmental activities is $253,773.311 and 560228479 for business-type activities. These capital assets Include assets purchased as well as donated. They also include Infrastructure assets. e.g.. bike paths. roads, bndges, stormwater and wastewater sites recorded at historical cost Monroe County has several Significant general government construction projects. Construction is in process for a new government center in the Upper Keys, a new judicial center in Key West. wastewater collection systems throughout the Keys, a new medical examiner facility and a new fire station. The new Key West airport terminal construction is underway and is expected to be completed by the summer of 2009. The Marathon airport is also undergoing major renovation_ Further detaIls are available in Note 6 to the financial statements pages F-15 through F-17. Long-Term Debt At September 30. 2008. Monroe County had long-term debtn tre amount of $109 709.745. Ths debt s mainly co".,prised of revenue bonds and notes secured by pledges of '-evenlles Revenue secured jebt for governmental activities,s 367.638 178 and $27 075 434 IS ~or bLlSlress-type act:vlties. MonrJe Ccunty has no !.:Jereral cbiigat'on bonds. \kadj S !"1'I,=stors Ser/ee rate:j Mcnrce C'Jurty Fonda Infr3struct.;re Sa'es Surtax Reverue B'Jr'ds Se"ies 2003 ard 2C07 .'\2.. Star:Jard 3rd Poofs Rat'''''gs Services also rated trese Issues ...l.+ Tie \brrce COunty norida .;\rport '.Jariab'e Rate Reven'_e Bends '3t;ng are Aa2/AA.,A.+ F~j~her details are 3.i3llat!e r Ncte . 2 to Ire franc:al statemerts oages F-22 through F-26. ,: - 1 ~ ) Budgetary Highlights The category changes in the General Fund's final budget are summarized below: The total final general fund revenue budget decreased by $2,993,828 or (7.1%) from the original budget. The only significant decrease in the original revenue budget was a reclassification of intragovernmental revenues from the charges for services budget to intragovernmental transfers which are subject to elimination at the County-wide level. The total general fund expenditure budget decreased by $1 085,874 or (1 27%) from the original bUdget Expenditure budget adjustments were made throughout the year to conform estimates to actual funds available. Economic Factors and Next Year's Budgets and Rates Monroe County's offiCials considered many factors when adopting the fiscal year 2010 budget. Included among these factors were the anticipated change in property values, property tax assessment caps imposed by the State legislature, changes in homestead property exemptions approved by the voters. the national economic downturn and the restoration of fund reserves. Also considered were the costs of employee benefits, increases in insurance premiums for all types of coverage. the construction of wastewater treatment infrastructure, affordable housing initiatives. the aIrport improvement project. and expansion of parks and recreational facilities. Ad valorem taxes based on property values comprise approximately 724% of budgeted lax revenues, The Property ,A.ppraiser certified a county-wide property value of roughly $285 billion for f'scal year 2008. For fiscal year 2009, the county-wide property value has been certified at approximately $26.6 billion a decrease of 6 7%. Budgeted charges for services revenue are expected to remain substantially the same in the next fiscal year For the thirteenth year In a row, it was unnecessary to Increase solid waste residential rates because of previous successful negotiations with the contractor providing waste transportation services. Fund balances earned forward have increased by 14.0% from the prior year Budgeted expenditures have increased by 40%. The County's wastewater infrastructure project is a significant part of the increase, offset by cost cutting measures which include the elimination of 4% of County staff, cuts to employee benefits, reductions in service programs and no compensation increases. Requests for Information ThiS finanCial report s designed to pravide a general overview of Monroe Courtys finances for all those Nllh an nteresl in its firances. Questions concerning any of Ire rforrr-ation provded in ths report or ~e':H.lests fJr .3ddtioralnformation srould be 3(jdressed to the Finance Director Cerk of Ire CircLlt Court 500 '.Nhiteread Street. Key West F'orida 33040. -., 4-' ~- L