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07/15/2009 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE.' August 5, 2009 TO: Community Services ATTN.' Ellen Caron In-Home Services and Nutrition Pamela G. HanC~c. FROM.' At the July 15, 2009, Board of County Commissioners' meeting the Board granted approval and authorized execution of Contract ARRA-929 (Revised)- American Recovery and Reinvestment Act of 2009 Elderly Nutrition Services Contract between the Alliance for Aging, Inc. and Monroe County Social Services, which provides $62,004 for additional congregate and home delivered meals to clients of the Nutrition Program. Enclosed are four duplicate originals of the above-mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe Couty Clerk's Office Original" as well as the "Monroe County Finance Department's Original" as soon as possible. Should you have any questions, please do not hesitate to contact our office. cc: County Attorney Finance w/o document File ./ DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 27, 2009 TO: Community Services A TTN: Ellen Caron In-Home Services and Nutrition Pamela G. Hance!lD.c. FROM: Attached are the executed signature pages 25/49, 35/49, 36/49 and 40/49 (6 originals), from Contract ARRA-929 (Revised)- American Recovery and Reinvestment Act of 2009 Elderly Nutrition Services Contract between the Alliance for Aging, Inc. and Monroe County Social Services, which provides $62,004 for additional congregate and home delivered meals to clients of the Nutrition Program the July 15, 2009, that was approved at the July 15, 2009. Should you have any questions, please do not hesitate to contact our office. cc: File May 2009 (:' () N.~r' .I~/\{:: '1' /\.I{I~j\ m 9 2~) (l~{' vi s {~d") 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 of the 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. Puroose 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. Incorooration 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 IAn 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 $62'1004.00, 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. 13 4,666 $28,605.00 Nutrition Education Home Delivered $382.00 2 $764 Total Contract $62,004.00 5. Comoliance 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 U.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 Inust, 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 paynlent under this contract. 5.1.4. That if this contract contains $ I O~OOO.OO or Inore of federal funds" the sub-recipient shall conlply \vith Executive Order 11246, Equal Employnlent Opportunity, as anlended by Executive Order 11375 and others, and as supplemented in Departlnent 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 \vith 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 OMS 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 \\lith 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 \vith the provisions of Chapter 427" F.S... and Rule 41-2, F. A. C. 6.4. Sub-Recipient \vho are on the discriminatory vendor list l11ay not transact business \vith any public entity" in accordance \vith the provisions of s. 287.134., F.S. 6.5. The sub-recipient \vill c0t11ply \vith the provisions of s. 11.062.. F.S... and s. 216.347" F.S., \vhich prohibit the expenditure of contract funds for the purpose of lobbying the legislature.. j ud ic ial 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 determ ination( s). 8. Audits. Inspections. Investi2ations. 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 CFR 92.36(i)( 1 0), shall be allowed full access to and the right to examine any of the sub-recipient's contracts and related records and doculnents 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 conlply and cooperate inlmediateIy \vith any inspections, reviews, investigations, or audits deenled necessary by the office of the I nspector General pursuant to s. 20.05 5 ~ F. S. 4/49 May 2009 9. Nondiscrimination-Civil Ri!!hts Comoliance 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 \vhom 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 an"anges 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. Monitorin!! Bv the ALLIANCE The sub-recipient will pelmit persons duly authorized by the ALLIANCE to inspect and copy any records, papers, docunlents, facilities, goods and services of the sub-recipient which are relevant to this contract, and to interview any clients, employees and their subcontractor's elnployees of the sub-recipient to assure the ALLIANCE of the satisfactory performance of the ternlS and conditions of this contract. Follo\ving such review, the ALLIANCE \vill deliver to the sub-recipient a \vritten report of its findings and request for developlnent, by the sub- recipient of a corrective action plan \vhere appropriate. The sub-recipient hereby agrees to tinlely correct all deficiencies identitied 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 \vhatever 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 Bondinl! 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 in 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 \\iritten consent of a person legally authorized to give that consent or \vhen authorized by law. 15. Health Insurance Portability and Accountability Act Where applicable., the sub-recipient \vill comply w-ith the Health Insurance Portability and Accountability Act (42 USC 1320d.), as \vell as all regulations promulgated thereunder (45 CFR 160., 162., and 164). 16. Incident ReDortinl! 16.1 The sub-recipient shall notify the ALLIANCE inlmediately., but no later than tOlty-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 \\lords "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. Assi2nments 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, w'hether actually furnished by the sub-recipient or their subcontractors. Any subcontracts shall be evidenced by a \vritten 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 \vay or for any reason. The sub-recipient, at its expense, will defend the ALLIANCE against any such c lai ms. 19.2 The sub-recipient nlust pay their subcontractors \vithin seven (7) working days after receipt of full or partial paYlnents from ALLIANCE or other state agency. Failure to nlake paynlents 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. Indeoendent Caoacity of Sub-reciDient 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 Inte!!:ritv and Safe!!:uardin!!: 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 froln all ternlinated enlployees. The sub-recipient, among other requirenlents, Inust anticipate and prepare for the loss of infornlation processing capabilities. All data and sofuvare must be routinely backed up to insure recovery from losses or outages of the cOlnputer system. The security over the backed-up data is to be as stringent as the protection required of the prirnary systems. The sub-recipient shall insure all of their subcontractors Inaintain \vritten procedures for conlputer systenl back up and recovery. The sub-recipient shall complete and sign A TT ACHl\tIENT 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 contlict 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 contlict 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 contlict 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 of the 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 a\\'arded 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_ CODvriehts. 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 rnaterial 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 \vith Chapter 286, F.S. 28. Emer!!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 adnlinistration and coordination of services necessary for client health~ safety or \velfare.. the sub-recipient shall, \vithin thirty (30) calendar days of the execution of this contract, submit to the ALLIf\NCE 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 contlict 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 Sovereil!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 "'Titten amendment to this contract signed by both parties. 35. Force Maieure ;\leither party shall be liable for any delays or failures in perfonnance due to circulnstances beyond its controt provided the party experiencing the force Inajeure condition provides ilnnlediate \vritten notification to the other patty and takes all reasonable efforts to cure the cond ition. 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: Aoorooriations 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. Addition/Deletion 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. Comoliance 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 rvloditications of the provisions of this contract shall be valid only \vhen they have been reduced to \\tTiting and duly signed by both parties. The rate of paytnent and the total dollar anlount nlay be adjusted retroactively to reflect price level increases and changes in the rate of paytnent \\ hen these ha,,'e 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 tenninated 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-I.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. ALLIANCE FOR AGING, INC. SIGNED BY: NAME: George R. Neugent NAME: Max B. Rothman, JD,L TITLE: Mayor/Chairman TITLE: President /CEO DA TE: July 15. 2009 DA TE: .8EAU) ~.'..............~. OEPI,T'f. lEPc( -.., :::~;'~ CJ ~,,) > ~:.,~ ;) ~ , ~~:~ ..< I r"_" r- (--), ;:Z~ ~": :=".J F .: i~-' ::c .,~':,. .-4 b J f. C, fT1 13/49 N <= ~ --- (I) ,..,., -0 N W " r- m o ." o :::0 ::0 rr1 (""') o :::0 o :I:>> :E C5 .. (.a) eN AT ACHMENT 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 Progranl is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP is a cash al.lotnlent or COHllllodity prograll1 that supplernents funding or food llsed in 1l1eals served to eligible clients under the ()lder ,~mericans ,L\ct. Florida has opted for cash paynlents in I ieu 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 Reinvestnlent Act (ARRA) enacted by Congress and signed into la\v by the President on February 17, 2009" is intended to preserve and create jobs" pronlote the nation ~ s econom ic recovery, and assist those nlost i nlpacted by the recession. Title III of the Older ,\nlericans Act makes available $97 Inillion to State LInits on Aging (SUA) to help meet the additional need and demand for Ineals. The prinlary purpose of the OAA" Title III-C progralTI 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 of2009, P.L. 111-5 Older Americans Act of 2006, 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 of 2009 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 . in historically underserved conlmunities: and SUPPOl1 Title III C nutrition services initiatives, including provision of Ineals 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 ATTACHMENT 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 nleal supports maintaining the person at home; Individuals \\lith disabilities, regardless of age., \vho reside at home \vith eligible individuals and are dependent on them for care; and Persons at nutritional risk \\lho have physical, emotional or behavioral conditions" \vhich \vould make their presence at the congregate site inappropriate; and persons at nutritional risk \vho 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.. \vith the greatest econot1lic and social need, \vith pal1icular attention to low-inconle 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, 33 160, 33 161, 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 Se",ice 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 III 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 w'ell being of older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include: Congregate nleafs: Congregate nleals screening: and ~ utrition 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 ,,'ell 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 WIl~L 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 I 2.5 Reports The sub-recipient is responsible for responding in a timely fashion to additional routine and/or special requests for infornlation and repolts required by the DOEA/ ALLIANCE. The sub-recipient Inust establish due dates for any subcontractors that pemlit the sub-recipient to nleet the ALLIANCE"s /DOEA 18/49 reporting requirements. 2.5.1 Client Information and Registration Tracking System (CIRTS) 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 ARR2 - 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 I1leals: That meet the Older Anlericans Act (OAA) nutritional requirenlents, Are served by OAA providers: and Served to OAA eligible clients. The sub-recipient \vill ensure that ARRA eligible nleals \vill be included on the Inonthly NSIP CIRTS repol1 that is subtnitted \vith the 1l10nthly NSIP expenditure and requests for paytnent repol1. 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 nlaintenance 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 ATTACH~IENT I. 2.7 PERFORMANCE SPECIFICATIONS 2.7.1 Outcomes and Outputs The sub-recipient shall timely sublnit to the ALLIANCE all reports described In ~~ TT ACHMENT I., Paragraph 2.5, REPORTS: The sub-recipient shall tilnely subnlit to the ALLIANCE all information described in ..\TTi\CHMENT 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 of the 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 3 15 of the Older Americans Act as amended in 2006, in regard to consumer contributions; V oluntary 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. It\1I ARRA grant funds must be budgeted in the saIne congregate or home-delivered Ineal category as awarded. ARRA funds are prinlarily to be used to increase the number of eligible clients receiving congregate and home-delivered Ineals. 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 ..~ssistance 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 105ARRI (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. 3.2.1 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 of this 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 \vill be due to the ALLIANCE no later than November 3" 2010. 3.2.6 Documentation for Payment The sub-recipient shall Inaintain documentation to support paYlnent 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 DOEi\'s CIRTS Policy Guidelines for clients and services in the CIRTS database. Data ITIUst be entered into CIRTS before the subcontractors subnlit their request for paYITIent and expenditure reports to the sub-recipient. The sub-recipient shall establish tinle franles to assure conlpliance \vith due dates for the requests for pay nlent 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 \vith 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 ATTACHMENTll CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: ( I) 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) Tbe 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 certifY 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,pterQquisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C~. ApYPf>.I"SOn who fails to file the required certification shall be subject to a civil penalty of not 1~ tho 510,000.00 and not more than 100,000.00 for each such failure. ' , > BOARD OF OUNTY COMMISSI S \,'fseAl) OF MONR COUNTY, L:RID; , ' DEPCfTY CLERK Si Date JUL 1 5 2009 Name of Authorized Individual George Neugen't, Mayor Application or Agreement Number AARA--929 (Revised) Board of County Commissioners of Monroe County, FL Name and Address of Organization Monroe County Social Services 1100 Simonton Street Key West, FL 33040 DOE A Form 103 (Revised Nov 2002) MONROE COUNTY ATTORNEY PPR VED AS TO FORM: 25/49 CHRISTI M. LIMBERT-BARROWS ASSISTA~J CO~NTY ATTORNEY Date aLJ- ()q , A TT ACHMENT III FINANCIAL AND CO:MPLIANCE 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 OMS 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 staft: limited scope audits as defined by OMS Circular A-133, 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 OMS 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 OMS Circular A-I33, as revised, \-vill meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, 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 01\;IB Circular A-I33.. as revised., is not required. In the event that the sub-recipient expends less than $500..000.00 in Federal a\vards in its fiscal year and elects to have an audit conducted in accordance \\lith 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 ITIUst be paid from sub-recipient resources obtained fronl other than Federal entities.) An audit conducted in accordance \-vith this part shall cover the entire organization for the organization"s fiscal year. COlnpliance findings related to agreenlents \vith THE it\LLIANCE OR DOEA shall be based on the agreenlent's requirelTIents, including any rules, regulations, or statutes referenced in the agreelnent. 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 .310(b)(2) of OMB 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 of 30 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 of the audit nlust 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. COlnpliance findings related to agreements with THE ALLIANCE OR DOEA shall be based on the agreelnent's requirements, including any applicable rules, regulations'\ or statutes. The financial statements shall disclose whether or not the nlatching requirement \vas met for each applicable agreement. All questioned costs and liabilities due to THE ALLIANCE OR DOEA shall be fully disclosed in the audit report \vith reference to THE ALLIANCE OR DOEA agreenlent involved. If not otherwise disclosed as required by Rule 691-5.003'\ Fla. f\dnlin. Code, the schedule of expenditures of state tinancial assistance shall identify expenditures by agreenlent number for each agreelnent \vith THE ALLIANCE OR DOEA in etfect during the audit period. Financial reporting packages required under this part must be subnl itted \vithin 45 days after del ivery of the audit report, but no later than 12 tnonths after the sub- recipienfs tiscal year end for local governnlental entities. Non-protit or for-protit 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 III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-I33, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-I33, 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, FI. 33186 The Federal Audit Clearinghouse designated in OMB Circular A-I33, as revised (the number of copies required by Sections .320 (d)( I) and (2), OMB Circular A-I33, 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., w"hen submitting financial reporting packages to the Alliance for Aging, In for audits done in accordance with OMS Circular A-I33 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor GeneraL should indicate the date that the reporting package \vas delivered to the sub-recipient in correspondence accompanying the reporting pac kage . PART IV: RECORD RETENTION The sub-recipient shall retain sufficient records demonstrating its compliance with the ternlS of this agreenlent for a period of six years fronl the date the audit report is issued. and shall allo\\/ the THE ALLI,\NCE OR DOEf\ or its designee~ the CFO or Auditor General access to such records upon request. The sub-recipient shall ensure that audit \vorking papers are nlade 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 "vriting by the THE ALLIANCE OR DOEA. 29/49 ATTACHMENT 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 C 1 (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 TOT AL 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 requirelnents of OMS Circular A-I33, 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 requirelnents set forth in Part I and/or Part II of Exhibit I are met. Sub-recipients who have been determined to be vendors are not subject to the audit requirements of OMS Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are Inet, sub-recipients who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, Inust comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMS 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 OMS Circular A-133 and/or Section 215.97, F.S. ~_ Recipient/subrecipient subject to OMS 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 OMS 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: o 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMS Circular A-87)* o OMS Circular A-I 02 - Administrative Requirements o OrvIS Circular A-133 - Audit Requirelnents (~ Reference Guide for State Expenditures ......, v Other fiscal requiretnents set forth in prograln la\vs, rules and regulations · ~ON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non-Protit Organizations (Formerly OMB Circular A-12l _ Cost Principles)* 2 CFR Part 215 Adtninistrative Requiretnents (Fonnerly OIV1B Circular A-II 0 - i-\dlninistrative Requ irelnents) 32/49 o OMS Circular A-I33 - Audit Requirements o Reference Guide for State Expenditures o 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: <) 2 CFR Part 220 Cost Principles for Educational Institutions OMS (Fonnerly Circular A-2I - Cost Principles-- Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMS Circular A-I33 Compliance Supplement, Appendix 1) o 2 CFR Part 215 Administrative Requirements (Formerly OMS Circular A-II 0 - Administrative Requirements) o OMB Circular A-I33 - Audit Requirements o Reference Guide for State Expenditures o Other fiscal requirements set forth in program laws, rules and regulations · ST A TE 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: o Section 215.97, Fla. Stat. o Chapter 691-5, Fla. Adlnin. Code o State Projects Compliance Supplement o Reference Guide for State Expenditures o Other fiscal requirements set forth in program laws, rules and regulations 33/49 ATTACHMENT 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 could 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 \vas placed \vhen this transaction \vas made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction inlposed by OMB Circulars A-I 02 and 2 CFR Part 215 (fonnerly OIVIB Circular A-II 0). 34/49 Provider Name Monroe County Social Services Ad~ 1100 Simonton Street City_ State_ Zip BOARD OF CO OF MONROE JUL 1 5 2009 Date Name of AuthDrized Signer George Neugent, Mayor Board of County Commissioners of Monroe County, Florida (Revised June 2008'~ (S~~, A,',n,.,ES", l,:DANNV L~ .q~ DEP~Y CLERK MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CflffhDD~Cf/iu~lf-J2J/i1frlAu 1.1l CHRISTINE M. LIMBERT-BARROWS ASSISTtJjT COUNTY ATTORNEY Date d.ll-(I)OJ 35/49 ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGmlLlTY 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 statedMilNIftQli~OUNTY ATTORNEY certification, such prospective participant shall attach an explanation to this certification. A P PRO V A S TO FOR M : BOARD COUNTY COMMIS OF MO . -COUNTY J - !hOR By: - '( ~ Geo Neugent, Signature RIST E M. LIMBERT-BARROWS JUL 1 5 Z. nng. ASSISTA~,T COUNTY ATTORNEY IN . Date OJ-:J4ftlq ...... Date Agency/Organization Monroe County Social Services (Certification signature should be same as Contract signature.) IDStnetioDl for CertifleaUon The terms "covered transaction," .tdebarred," "suspended," ttineligible," "lower tier covered transaction," "person," "primary covered transactio~" and "voluntarily excluded, 't 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 detennines 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 ATTACHMENT 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 Inaintaining 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. 1. 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 COlnptroller 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 V.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 of race, color or national origin; (b) Title IX of the Education Alnendments of 1972, as amended (20 V.S.C.. 1681-1683, and 1685- 1686), which prohibits discrilnination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as alnended (29 V.S.C.. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrilnination 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 Treatlnent Act of 1972 (P.L. 92-255), as alnended, relating to nondiscrilnination on the basis of drug abuse; (t) the COlnprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as alnended, relating to nondiscrilnination on the basis of alcohol abuse or alcoholisln; (g). 523 and 517 of the Public Health Service l\ct of 1912 (42 U.S.C.. 290 dd-3 and 290 ee 3)" as alnended, 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 alnended" relating to nondiscrilnination in the sale, rental or financing of housing; (i) any other nondiscrilnination provisions in the specific statute(s) under \.vhich application for Federal assistance is being Inade; and U) the requiren1ents of any other nondiscrilnination statute(s) which Inay apply to the application. 7. Will cOlnply" or has already cOll1plied" \vith the requirelnents of Titles II and III of the uniform Relocation /\ssistance and Real Property Acquisition Policies f\ct of 1970 (P.L. 91-646) \vhich provide for fair and equitable treatlnent of persons displaced or vvhose property is acquired as a result of Federal or federally assisted progralns. 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 V.S.C.. 1501-1508 and 7324-7328), which limit the political activities of employees whose principal elnploYlnent 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 V.S.C. .276a to 276a-7), the Copeland Act (40 V.S.C. 276c and 18 V.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 pro graIn developed under the Coastal Zone Management Act of 1972 (16 V.S.C.. 1451 et seq.); (t) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C.. 7401 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 alnended, (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 cOlnponents 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 V .S.C.. 469a-1 et seq.). 14. Will cOlnply 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 cOlnply 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 anitnals 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 of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and cOlnpliance audits in accordance with the Single Audit Act Alnendlnents of 1996 and OMS Circular No. A-133, f\udits of States" Local Governments" and Non-Profit Organ izations. 18. Will cOlnply with all applicable requirelnents of all other Federal la\\l's" executive orders" regulations and policies governing this prograln. 39/49 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Services 40149 TITLE George Neugent, Mayor Board of County Commissioners of Monroe County, Florida DATE SUBMITTED . JUl! 5 2009 B MONROE COUNTY ATTORNEY APPR~ED AS TO FORM: Cf1 ; 1/1 , ~, : l) II JI- -& 11ft//{) II!J CHRISTINE M. LIMBERT-BARROWS ASSIS~NT COUNTY ATTORNEY Date 1a.LJ-!/)9 A TT ACHMENT 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 A TT ACHMENT 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 Ex~enditure 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 ATTACHMENT 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 knONtedge and belief that this report is cofY1Jlete and all outlays herein are for purposes set forth in the centrad. Prepared by : Date: Approved by : Date: PART A : BUDGETED INCOMEI 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 0/0 2. Program Income $0.00 $0.00 $0.00 0/0 3. Local Cashllnkind Match -100/0 Required $0.00 $0.00 $0.00 0/0 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 0/0 2. Nutrition Counseling $0.00 $0.00 $0.00 % 3. Congregate l\IIeals $0.00 $0.00 $0.00 % 4. Congregate l\IIeals Screening $0.00 $0.00 $0.00 010 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 0/0 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 - 10010 Required a. Other and In-Kind $0.00 $0.00 $0.00 0/0 b. Local Match $0.00 $0.00 $0.00 'Yo 2. NSIP Cash Received $0.00 $0.00 so. 00 0/0 3. TOTAL OTHER $0.00 50.00 50.00 0/0 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 FEID# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD: ARR2 From To Report # Contrad # PSA# CERTIFICATION: I certify to the best of my knoVlAedge 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 0/0 2. Program Income $0.00 $0.00 $0.00 0/0 3. Local Cash/lnkind Match -100A> Required $0.00 $0.00 $0.00 0/0 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 0/0 2. Nutrition Counseling $0.00 $0.00 $0.00 % 3. Home Delivered ~als $0.00 $0.00 $0.00 0/0 4. Screening and Assessment $0.00 $0.00 $0.00 0/0 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 0/0 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 - 100/0 Required a. Other and In-Kind $0.00 $0.00 $0.00 0/0 b. Local Match $0.00 $0.00 $0.00 'Yo 2. NSIP Cash Received $0.00 $0.00 $0.00 0/0 3. TOTAL OTHER $0.00 $0.00 $0.00 0/0 DOEA FORM 105ARR2 04/09 44/49 ATTACHMENT X OLDER Ar1ERICANS ACf REQUEST FOR PAYMENT American Recovery and Reinvestment Act PROVIDER NAfv1E, ADDRESS, PHONE# AND FEID#: TYPE OF REPORT: THIS REQUEST PERIOD: Reirmursement From To Report # Contract # PSA# CERTIFICATION: I certify to tbe best of my knoNtedge and belief that this report is complete and all outlays herein are for purposes set forth in tbe contract. Prepared by : Date: Approved by : Date: PART A: BUDGET SUI\IIfv\ARY 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 PericxJ $0.00 $0.00 $0.00 5. Agreement Balance $0.00 $0.00 $0.00 PART B : EXPENDITURES 1. Net Expenditures for the I\Aonth $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. 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