10/15/2008 Contract
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 28,2008
TO:
Community Services
FROM:
Dofti Albury,
In-Home Services Program
1:,)
Isabel C. DeSantis , (\01
Deputy Clerk ~('V!-
ATTN:
At the October 15, 2008 BOCC Meeting, the Board granted approval and authorized
execution of the following:
./ The 2008-2009 Nutrition Services Incentive Program (NSIP) Contract US-95 1 between
Monroe County Nutrition Program and the Alliance for Aging.
The Renewal of the Home and Community Based Case Management Referral Agreement
between Monroe County (Monroe County In-Home Services Program) and the Florida
Department of Children & Families (DCF) for State Fiscal Year July 1, 2008 to June 30, 2009.
Enclosed are four duplicate originals executed by Monroe County of the
above-mentioned for your handling. Please be sure that the sets stamped Monroe County
Clerk's Office Original and Monroe County Finance Department's Original are returned to
my office as quickly as possible. Should you have any questions, please do not hesitate to
contact me. Thank you.
cc: County Attorney
Finance
./File
O!!~.f'~~E
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Mario Di Gennaro, District 4
Dixie M. Spehar, District 1
George Neugent, District 2
Sylvia J. Murphy, District 5
(.~ ...--
MEMORANDUM
Isabel DeSantis and/or Pamela Hancock, County Clerk(s), Monroe County Clerk's Office
Dotti Albury, Administrative Assistant, In-Home Services & Nutrition Programs ~
TO:
FROM:
DATE:
11118/2008
RE:
Nutrition Services Incentive Program 2008-2009 Contract
On October 15, 2008, the Board of County Commissioners approved and authorized execution of the Nutrition
Services Incentive Program (NSIP) 2008-2009 Contract Number US-951.
Enclosed are two (2) originals executed on behalf of the Alliance for Aging, Inc.
Thank You.
Cc: Ellen Caron, Coordinator, Nutrition Department
~r:7rJ'1"Ue Comtfy r;nance Dtpartment'ri Orlginr:
Contract Number US.951
NUTRITION SERVICES INCENTIVE PROGRAM
2008.2009 CONTRACT
THIS CONTRACT is entered into between the Alliance for Aging, Inc.,
hereinafter referred to as the "Alliance", and Monroe County Board of
Commissioners, hereinafter referred to as the "recipient". This contract is
subject to all provisions contained in the MASTER AGREEMENT executed
between the Alliance and the recipient, Agreement No. PA-829, and its
successor, incorporated herein by reference.
The total amount and the reimbursement rate included in this initial
contract is subject to change based on the official funding allocation and
unit reimbursement rate is published by DOEA.
I. Recipient Agrees:
A. Services to be Provided:
To plan, develop, and accomplish the services delineated, or otherwise
cause the planning, development, and accomplishment of such services
and activities, under the conditions specified and in the manner
prescribed in Attachment Lof this agreement.
B. Requirements of Section 287, Florida Statutes:
These requirements are herein incorporated by reference.
C. Final Request for Payment:
The Recipient must submit the final request for payment to the Alliance
no more than 30 days after the contract ends or is terminated; if the
Recipient fails to do so, all right to payment is forfeited, and the
Alliance will 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 Recipient, and necessary
adjustments thereto, have been approved by the Alliance.
D. Additional Reporting Requirements:
1. If the Alliance has sanctioned the recipient, while the sanctions are in
effect the recipient shall provide to the Alliance, on a monthly basis, the
recipient's financial statements that reflect the current, un-audited
revenues and expenditures and the recipient's cash position as well as
any other documentation that may be requested by the Alliance.
2, If the recipient is required to prepare a corrective action plan,
supporting documentation as requested by the Alliance shall be
provided.
II. The Alliance Agrees:
1
Contract Number US.951
A. Contract Amount:
To pay for services according to the conditions of Attachment! in an
amount not to exceed $36,385.35, subject to the availability of funds.
B. Obligation to Pay:
The Alliance's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature and passed
through the Department of Elder Affairs.
C. Source of Funds:
The costs of services paid under any other contract or from any other
source are not eligible for reimbursement under this contract. The funds
awarded to the recipient pursuant to this contract are in the state grants
and aids appropriations and consist of the following:
Program Title Year Funding CFDA# Fund Amounts
Source
Nutrition Services 2008 2009 OAA 10.570 $36,385.35
Incentive Proaram
TOTAL FUNDS CONTAINED IN THIS CONTRACT: $36,385.35
III. Recipient and Alliance Mutually Agree:
A. Effective Date:
1. This contract shall begin on October 1, 2008.
2. Delivery of services shall end on September 30, 2009. This contract
shall end on Januarv 31. 2010. See Attachment I, Section 1I1.E.
B. Termination, Suspension, and/or Enforcement:
The causes and remedies for termination or suspension of this contract
shall follow the same procedures as outlined in Section III.B. and Section
III.C. of the Master Agreement.
C. Recipient Responsibility:
Notwithstanding the pass through language contained in Section I.S.1. of
the Master Agreement, the recipient maintains responsibility for the
performance of all sub-recipients in accordance with all applicable federal
and state laws.
D. Notice, Contact, and Payee Information:
1. The name, address, and telephone number of the contract manager
for the Alliance for this contract is:
Max B. Rothman, JD, LL.M.
President/CEO
2
Contract Number US-951
9500 South Dadeland Boulevard, Suite 400
Miami, FL 33156
(305) 670-6500
2. The name, address, and telephone number of the representative of
the recipient responsible for administration of the program under this
contact is:
Deb Barsell
GATO Building -1100 Simonton Street
Key West, FL 33040
(305) 292-4573
3. In the event different representatives are designated by either party
after execution of this contract, notice of the name and address of the
new representative will be rendered in writing to the other party and
said notification attached to originals of this contract.
4. The name (recipient name as shown on page 1 of this contract) and
mailing address of the official payee to whom the payment shall be
made:
Monroe County Board of Commissioners
GA TO Building - 1100 Simonton Street
Key West, FL 33040
(305) 292-4573
E. Renegotiation or Modification:
1. Modifications or changes to the funding in this contract and
corresponding services related to the increase or decrease, may be
made in the form of a written Notice of Award Increase/Decrease
signed by the Alliance's President and Director of Administration.
The Board President or its Designee of the recipient shall sign the
Notice of Award Increase/Decrease and retum it to the Alliance
within fourteen (14) days or sooner if requested by the Alliance. By
signing Notice of Award Increase/Decrease, the Board President or
its Designee of the recipient acknowledges the receipt of and
agreement with the terms contained in the Notice.
2. Upon Receipt of a Notice of Award Increase/Decrease, the
recipient shall update affected information in budget summaries,
deliverable schedules, unit rate information contained in the unit
cost methodology, or any other applicable financial information
contained in the service provider application or required in this
contract. This shall be done within ten working days of receipt of
such notice.
3
Contract Number US-951
IN WITNESS THEREOF, the parties hereto have caused this 7-paae contract to
be executed by their undersigned officials as duly authorized.
RECIPIENT:
MONROE COUNTY BOARD OF
COMMISSIONERS
ALLIANCE FOR AGING, INC.
NAME:
Mario DiGennaro
NAME:
SIGNED
i
TITLE:
Mayor/Chairman
TITLE:
President / CEO
DATE:
October 15, 2008
DATE:
(SEAL)
ATTEST: DANNV l. KOl~GE )--/-"
ih~C ~{,Q./
BY
DEPUTY CLERK
FEDERAL 10 NUMBER: 59-6000749
RECIPIENT FISCAL YEAR END DATE: 09/30
4
Contract Number US-951
ATTACHMENT I
NUTRITION SERVICES INCENTIVE PROGRAM
I. STATEMENT OF PURPOSE
The Nutrition Services Incentive Program (NSIP) is authorized by Section 311
of the Older Americans Act of 2000, as amended. The NSIP is the new name
for the former United States Department of Agriculture (USDA) cash or
commodity program known as the Nutrition Program for the Elderly. NSIP
provides reimbursement for the purchase of United States produced
agricultural and other food commodities for use in nutrition projects operating
under approved Older Americans Act Title III contracts.
II. SERVICES TO BE PROVIDED
A. Services:
Upon receipt of a prior authorization for services from Alliance staff, to
provide the following services: The purchase of United States produced
agricultural and other food commodities for use in nutrition projects
operating under approved Title III contracts for nutrition services with the
Recipient. Prior authorization for these services will be provided by the
Alliance.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described
in the recipient's service provider application update for federal fiscal year
2006 and the Department of Elder Affairs Home and Community-Based
Services Handbook. In the event the handbook is revised, such revision
will automatically be incorporated into the contract and the recipient will
be given a copy of the revisions.
III. METHOD OF PAYMENT
A. This is a fixed rate contract. The Alliance shall make payment to the
recipient for provision of services up to a maximum number of units of
service and at the prospective rate stated below:
Service to be Provided
Units of Unit Rate
Service
Maximum
Units
Eligible Congregate and
Home Delivered Meals
1 unit = 1 meal 0.605104
60,131
The prospective rate is based on the estimated OAA grant award.
5
Contract Number US-951
B. All requests for reimbursement shall be in accordance with policy
regarding reimbursable meals and Client Information Registration and
Tracking System (CIRTS) policy regarding data entry for reimbursable
meals. All requests for reimbursement shall include:
1. The request for reimbursement shall be submitted on DOEA Form
117, Request for Reimbursement, USDA Cash-in-Lieu of
Commodities.
2. DOEA Form 118, PSAlRecipient Monthly Meals Report must be
submitted with the request for reimbursement.
3. A CIRTS report must be submitted with DOEA Forms 117 and 118 as
supporting documentation for the total number of meals reported. The
CIRTS report must match the number of meals reported on DOEA
Form 118.
4. Duplication or replication of the DOEA forms 117 and 118 via data
processing equipment is permissible but replication must include all
data elements in the same format as included on the departmental
forms.
5. The due date for the request for reimbursement and report(s) shall be
no later than the 20th day of the month following the month being
reported.
C. Invoices will be in sufficient detail for a proper pre-audit and post-audit
thereof. The recipient shall maintain documentation to support payment
requests which shall be available to the Comptroller, the Department of
Elder Affairs or the Alliance, upon request.
D. Additional Reporting Conditions:
1. This contract is for services provided during the 2009 Federal Fiscal
Year beginning October 1, 2008 through September 30, 2009;
however, the contract is in effect through January 31, 2010. The
additional four months (October 1, 2009 through January 31, 2010)
are to allow rates to be adjusted for the twelve-month service period.
Retroactive rates will be based on the final OAA grant award divided
by the total eligible meals reported in Florida. This contract shall
automatically terminate after the final rate for the federal fiscai year
has been established and the Department of Elder Affairs authorizes
the release of final payments.
2. In the event that the final reimbursement rate is greater or less than
the rate in Attachment I, Section IliA, then this contract shall be
6
Contract Number US-951
appropriately adjusted and the final rate shall be effective for the entire
contract period upon notice from the department's contract manager.
E. Any payment due by the Alliance under the terms of this contract may be
withheld pending the receipt and approval by the Alliance of complete and
accurate 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.
IV. SPECIAL PROVISIONS
A. State Laws and Regulation:
1. The recipient agrees to comply with applicable parts of Florida
Statutes, Rule 58A-1, Florida administrative code and the Department
of Elder Affairs Home and Community-Based Services Handbook.
2. The Alliance and recipient agree to provide services and implement
the provisions of this contract in accordance with Federal, State, and
Local laws, rules, regulations, and policies that pertain to the Nutrition
Services Incentive Program cash payments and Older Americans Act.
7