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Item C34BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 8-20-2008 Division: Community Services Bulk Item: Yes X No _ Department: In -Home & Nutrition Services Staff Contact Person: Sheryl Graham X4592 AGENDA ITEM WORDING: Approval of Amendment 004 to the Older Americans Act (OAA) Contract #AA-829 (1-1-08-12/31/08) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners(Community Services/In-Home and Nutrition Services). ITEM BACKGROUND: Approval of this amendment is to increase Title IIIC-2 funding by $4,990.28 from $199,842.00 to $204,832.28 for the provision of home -delivered meals to the consumers identified by the provider and provided to the Alliance's contract manager. These funds are not subject to the modified spending authority or title transfer and must be spent by December 31, 2008. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Amendment 001 to the Older Americans Act (OAA) Contract #AA-829 by the Deputy County Administrator Debbie Frederick on 2- 27-08. CONTRACT/AGREEMENT CHANGES: Will increase Title IHC-2 funding by $4,990.28 STAFF RECOMMENDATIONS: Approval TOTAL COST: $566,321.79 COST TO COUNTY: $46,760.51 - Required REVENUE PRODUCING: Yes X No Year approx $18,996.00_ BUDGETED: Yes X No SOURCE OF FUNDS: Ad Valorem Taxes AMOUNT PER MONTH apnr. LI 583.00 APPROVED BY: County Atty X OMB/Purchasing X DOCUMENTATION: Included X Not Required DISPOSITION: Revised 8/06 Risk Management _X AGENDA ITEM #li+ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Alliance For Aging, Inc. CONTRACT SUMMARY Contract # Amendment #004 for Contract #AA-829 Effective Date: l/l/2008 Expiration Date: 12/31/2008 Contract Purpose/Description: Approval of Amendment #004 to the OAA Contract #AA-829, (1/1/08-12/31/08) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Community Services/In-Home and Nutrition programs) to increase Title IIIC-2 funding by $4,990.28 Contract Manager: Sheryl Grah L 4592 Community Services/Stop 1 (Name) (Ext.) (Department/Stop #) 10 For BOCC meeting on 8/20/08 Agenda Deadline: 8/5/08 CONTRACT COSTS Total Dollar Value of Contract: (extension) $566,321.79 Current Year Portion: $_ Budgeted? Yes X No Account Codes: Grant: $ 519,561.28 County Match: $46,760.51 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: CONTRACT REVIEW Date In Division Director r ,/ Changes Needed altee hewer Yes Nei Date Out �� Q Risk Managap�,ng rc ent O.M.B./Pua Yes No Yesd/ S b County Attorney �N( Yes Comments: vivid rorm Revised tit?/Vl MCP #2 Amendment 004 CONTRACT AA-829 Page 1 THIS AMENDMENT is entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Social Services Division . The purpose of this amendment is to increase Title IIIC-2 by $ 4,990.28 from $199,842 to $204,832.28 for the provision of home -delivered meals to the consumers identified by the provider and provided to the Alliance's contract manager. These funds are not subject to modified spending authority or title transfer and must be spent by December 31, 2008. This amendment shall begin on August 18, 2008 or the date it has been signed by both parties, whichever is earlier. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Social Services SIGNED BY: NAME: TITLE: DATE: SIGNED BY: NAME: TITLE: DATE: AS ALLIANCE FOR AGING, INC. Max B. Rothman, JD, LL.M. President & CEO J' 'RCA pp[i ;- *\N"? C JNTY ATTORNEY a:a CONTRACT AA-829 Page 1 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance" and Monroe County Social Services, hereinafter referred to as the "contractor." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA-729, and its successor, incorporated herein by reference. THIS CONTRACT IS SUBJECT TO FURTHER MODIFICATION IN ORDER 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. Attachment I (OAA Program) and Attachment II (Report Calendar) are an integral part of this agreement and Incorporated by reference. The Budget Summary by Title Is as follows: Title III B (CFDA/CSFA # 93.044): $ 109,569 Title C1 (CFDA/CSFA # 93.045): $ 148,600 Title C2 (CFDA/CSFA # 93.045): $ 199,842 ✓ Title III E (CFDA/CSFA # 93.052): $ 54,105 1. 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 Unit Rate Maximum Units of Service Maximum Dollars Homemaker $33.89 1,849 $62,649 Personal Care $40.41 1,161 $46,920 Congregate Meals $9.56 15,225 $145,547 Nutrition Education CI $381.63 8 $3,053 Home Delivered Meals $6.14 32,485 $199,460 Nutrition Education C2 $381.63 1 $382 In Home Respite $29.81 224 $6,677 Facility Respite $9.70 4,889 $47,428 Total Contract $512,116 2. This agreement shall begin on January 1, 2008 or the date it has been signed by both parties, whichever is earlier. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this amendment bout6U by'thbrrTG 3NE7 undersigned officials as duly authorized. AQVFD aS�Tq- aC'tM / PROVIDER: — ASSISTANT'.:OUNTYArTORNEY + Monroe County Social ^srALIl IANCE FOR ANC, SIGNED BY: NAME SIGNED BY: NAME: Max B. Rothman, I TITLE: ��_�rll�:l /.� �1i;1III 1�t1�/ TITLE: DATE: DATE: T' President & CEO CONTRACT AA-829 Page 2 ATTACHMENT OLDER AMERICANS ACT PROGRAM I. STATEMENT OF PURPOSE The Older Americans Act (OAA) Program is a federal program that provides assistance to older persons and caregivers. To enhance the provision of services at the local level, the Department is charged with dividing the state into distinct planning and service areas (PSAs) and designating an Area Agency on Aging (AAA) for each of them. The Alliance is responsible for assessing the needs of older persons within PSA-11. The OAA Program is the only federal supportive services program directed solely toward improving the lives of older people. The Alliance fosters the development and implementation of comprehensive and coordinated systems to serve older individuals. Under current law, all service providers funded under part B of the Act must follow priorities established by the Alliance and approved by the Department of Elder Affairs for serving the elderly, providing assurances that preference will be given to those with the greatest economic and social need, with particular attention to low-income minority older individuals residing in rural areas. The Older Americans Act provides a framework for a partnership among the different levels of government and the public and private sectors with a common objective — improving the quality of life for all older Americans by helping them to remain independent and productive. H. SERVICES TO BE PROVIDED A. Services: The recipient's service application for the calendar year 2008 and any revisions thereto approved by the Alliance and located in the grant manager's file, are incorporated by reference in this agreement between the Alliance and the recipient and prescribe the manner in which the recipient will meet the requirements of the Older Americans Act. B. Manner and Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for the calendar year 2008, the Department of Elder Affairs Home and Community -Based Services Handbook dated 1/03, the Department of Elder Affairs National Family Caregiver Support Program Guidelines, and the Department of Health and Human Services, Office of Assistant Secretary, Administration on Aging, Program Instruction, AoA-PI-01-02. In the event the manual or guidelines are revised, such revision will automatically be incorporated into the agreement and the recipient will be given a copy of the revisions. The recipient agrees to perform the services of the agreement in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. III. METHOD OF PAYMENT A. The method of payment in this agreement includes advances and fixed rate for all other services. The recipient must ensure all costs and fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on historical costs and audited historical costs when applicable. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106A, 105A and 106E. CONTRACT AA-829 Page 3 This agreement is subject to those Federal cost principles applicable to the particular organization concerned [Office of Management and Budget (OMB) circulars A-87, A-122, A-21, 45 CFR part 74, and 48 CFR part 31]. B. The recipient shall maintain documentation to support payment requests which shall be available to the Alliance, the Department of Elder Affairs staff or the Comptroller for the State of Florida upon request. C. The due date for the request for payment and expenditure reports shall be on the 5 ° day of the month following the month being reported. D. The Alliance shall make payment to the recipient for a total dollar amount stated in the contract, subject to the availability of funds. Unit rates listed in Paragraph E are the Alliance's share not to exceed 90% of the gross cost per unit of service. E. If applicable, recipient may implement a Modified Spending Authority for these services, WITHIN THEIR RESPECTIVE TITLES. Under this Modified Spending Authority, the total units of service and maximum dollar amount projected by the recipient and included in the Service Grid may fluctuate based on consumers' service plans. Additional budget revisions/amendments will not be required in order to move funding among services within any given funding title, with the exception of Screening/Assessment, Case Aide, and Case Management. The total agreement amount per funding title cannot be exceeded without prior approval and an agreement amendment. F. The recipient may request a monthly advance for each of the first two months of the agreement period, based on immediate anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement, approved by the Alliance, and maintained in the grant manager's file. For -profit organizations cannot receive advance funds. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the agreement. The schedule for submission of invoices is ATTACHMENT II to this agreement. Reconciliation and recouping of advances made under this agreement are to be completed by the time the final payment is made. All payments are subject to the availability of funds. G. A final receipt and expenditure report (closeout report) will be forwarded to the Alliance within sixty (60) days after the agreement ends or is terminated. All monies which have been paid to the recipient and not used to retire outstanding obligations of the agreement being closed out must be refunded to the Alliance along with the final receipt and expenditure report. H. Interested Earned on General Revenue and Federal Funds: All interest income earned on the advance of general revenue and federal funds must be separately identified and returned to the Alliance, together with the payment and expenditure reports. Advances on Federal funds must be maintained in interest -bearing accounts in accordance with 45 CFR 74.22 (k). Interest amounts earned on Federal funds up to $250.00 per year may be retained by the recipient for administrative expenses. I. Any payment due by the Alliance under the terms of this agreement may be withheld pending the receipt and approval by the Alliance of all financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. The recipient agrees to implement the distribution of funds as detailed in the service application and the Budget Summary, ATTACHMENT III to this agreement. Any changes in the amounts of federal funds identified on the Budget Summary form require an agreement amendment. CONTRACT AA-829 Page 4 K. Financial Reports: The recipient agrees to provide an accurate, complete and current disclosure of the financial results of this agreement as follows: 1. To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in ATTACEMENT I. 2. The completed manual units of service portions of the Older Americans Act Annual Report, if applicable, are due to the grant manager on the date established by the Alliance. The Department of Elder Affairs will obtain the remaining Report sections from the Consumer Information, Registration and Tracking System (CIRTS). IV. SPECIAL PROVISIONS A. Match The recipient will assure a match requirement of at least 10 percent of the cost for all services funded through this agreement. The recipient's match will be made in the form of cash and/or in -kind resources. At the end of the agreement period, all Older Americans Act funds expended must be properly matched. B. Consumer Contributions and Co -payments for Services I) The recipient assures compliance with Section 315 of the Older Americans Act as amended in 2006, in regard to consumer contributions. Recipients may charge co -payments to those persons able to pay part or all of the cost of services only for services not paid for with Older Americans Act funds. 2) Voluntary contributions are not to be used for cost sharing or matching. (See Title 45, chapter XIII, Part 1321.67, CFR.) 3) Accumulated voluntary contributions are to be used prior to requesting Federal reimbursement. (See Title 45, Chapter XIII, Part 1321.67, CFR.) 4) Voluntary contributions and related interest earned are program income and must be used to expand services. C. Title III Funds The recipient assures compliance with Section 306 of the Older Americans Act as amended in 2006, that funds received under Title III will not be used to pay any part of a cost (including an administrative cost) incurred by the recipient to carry out an agreement or commercial relationship that is not carried out to implement Title III. D. Prioritization for Service Delivery The recipient shall develop and implement policies and procedures consistent with Older Americans Act targeting criteria. E. Service Cost Reports The recipient will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. F. Caregiver Forums CONTRACT AA-829 ) Page 5 The recipient will collaborate with the Alliance in supporting a Statewide Caregiver Forum coordinated by the Department of Elder Affairs. The Alliance will sponsor the attendance of a minimum of ten caregivers and contribute $1,000.00 toward the expense of speakers and miscellaneous training expenses using agreement funds. Sponsorship of caregivers includes providing funds for all expenses related to caregivers attending this event; to include registration, travel, and local respite services. Recipients are also encouraged to help the Alliance plan and conduct local caregiver forums utilizing Title III-E funds. Caregiver Forums are defined in the Department of Elder Affairs Title lu-E National Family Caregiver Support Guidelines. ) CONTRACT AA-829 Page 6 ATTACHMENT II AGREEMENT REPORT CALENDAR ADVANCE BASIS AGREEMENT TITLE III eport [Number Month Based On Submit To Alliance On This Date January Advance * January 1 2 February Advance * January 1 3 March January Expenditure Report February 5 4 Aril February Expenditure Report March 5 5 May March Ex enditure Report Aril 5 6 June Aril Expenditure Report May 5 7 July May Expenditure Report June 5 8 August June Expenditure Report July 5 9 September July Expenditure Report August 5 10 October August Expenditure Report September 5 11 November September Expenditure Report October 5 12 December October Expenditure Report November 5 13 November Expenditure Report December 5 14 December Expenditure Report January 5 15 Final Payment Request February 14 16 Closeout Package February 28 Legend: * Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If t3nal expenditure report reflects funds due back to the Alliance, payment is to accompany the report. Note #1: Reports #1 and #2 for Advance Basis Agreements cannot be submitted to the Alliance until the agreement with the Alliance has been executed. Note #2: The last two months of the recipient's fiscal reports covering actual expenditures shall reflect an adjustment repaying advances for the first two months of the agreement, if advances have not been recouped.