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5th Amendment 02/17/2010 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: March 2, 2010 TO: Sheryl Graham, Director Social Services Attn: Dotti Albury In-Home Services Program Pamela G. Han~c. FROM: At the February 17, 2010, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Amendment 003 to the Alzheimer's Disease Initiative (AD I) Contract KZ-997 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for Fiscal Year 07/01/09 to 06/30/10. Amendment 005 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for Fiscal Year 07/01/09 to 06/30/10. Amendment 004 to the Home Care for the Elderly (HCE) Contract KH-972 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for Fiscal Year 07/01109 to 06/30/10. Enclosed are four duplicate originals of the above-mentioned, executed on behalf of Monroe County, for your handling. Please forward two fully executed originals to our office once returned by the Alliance. Should you have any questions, please do not hesitate to contact our office. cc: County Attorney Finance File ./ Amendment 005 CONTRACT KC 971 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners. The purpose of this amendment is to amend paragraph 1 of the original contract and modified documents reference in the body of the contract. a) Paragraph 1 of the original contract, is hereby amended to read: THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance" and "Monroe County Board of Commissioners.", hereinafter referred to as the "provider." THIS CONTRACT IS SUBJECT TO FURTHER MODIFICATION IN ORDER TO INCORPORATE CERTAIN PASS-THROUGH LANGUAGE REQUIRED BY THE STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS. ALL SUBSEQUENT MODIFICATIONS WILL BE MADE THROUGH AMENDMENTS TO THIS CONTRACT. Attachment I, II, III, IV, V and VI are integral to this Agreement b) Section II paragraph A of the original contract is modified to read: To pay for services according to the conditions of Attachment I in an amount not to exceed $ 511.160 for the State Fiscal Year 2009-2010, subject to the availability of funds. c) Section III paragraph B of the original contract is modified to read: This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contractor or the representative of the contractor responsible for administration of the contract. 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 contractor under this provision, the contractor 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 d) Section III paragraph C of the original contract is modified to read: The provider maintains responsibility for the performance of all sub providers and vendors in accordance with all applicable federal and state laws. e) Section III paragraph G of the original contract is modified to read: Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the provider. Amendment 005 CONTRACT KC 971 Page 2 This amendment shall begin on July 1, 2009 or the date it has been signed by both parties, whichever is earlier. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. This amendment and all its attachments are hereby made a part of the contract. SIGNE~Y: SIGNED BY: NAME: NAME: Mayor President & CEO TITLE: TITLE: 2-17-2010 if~) ~tJ / DATE: DATE: ::t "" ." CJ c;::) c.:> )> c::>> t -- ~}... nz >- rT1 ::0 ~ :J:: -0 CJ c:) ;J,~ :0 -~.~ .... ." I " .j~ ""J~."\ c::n 0 ,--\; ::.tJ "_..",of'''' ("") ::r!~ ( .~.: c:~ -0 ::0 ....;"'~ *.--- ; :z fT1 0( C)::c N ("') .... :-i>- .. 0 ~1 C) N ~ l~~ m CI1 0 ~RNE .~ ~ ..-- PEDRO J. M'E. 'i,,~5A.DO ASSISTANT i' - . I"~ , ,'-{ I 6 ~-~~~~~