Miscellaneous i
Ko /GQ5C_
BOARD OF COUNTY COMMISSIONERS
--1 n MAYOR, Shirley Freeman, District 3
COUNTY of MONROE ■ � '
� Mayor Pro Tem, Jack London, District 2
;,• , y z Wilhelmina Harvey, District 1
KEY WEST FLORIDA 33040 e,0
c �;
Mary Kay Reich, District 5
(305) 294 -4641 1 M Keith Douglass, District 4
County Attomey's Office
1111 310 Fleming Street, 2nd Floor
Key West, Florida 33040
January 27, 1997
Mr. John L. Stokesberry
Executive Director
Alliance for Aging, Inc.
9500 S. Dadeland Blvd., Ste. 400
Miami, Florida 33156
RE: Contract KG -751 / Appeal
Dear Mr. Stokesberry,
Please consider this letter an appeal of two decisions, the first decision having been
commemorated in Pedro Jove's January 14, 1997 letter to Louis LaTorre, Monroe County Social
Service Executive Director. The second decision is the refusal to pay under the USDA Rate
Agreement "US -750" the first ten days. More particularly, Monroe County is appealing the
Alliance's refusal to reimburse the County for expenses incurred prior to January 13, 1997 and
October 10, 1996, respectively. The following are reasons for these appeals:
A. Respecting KG -751:
1. Mr. LaTorre and his staff were in contact with your agency attempting to get a
contract for the 1997 calendar year in time to place on the County Commission agenda with
its deadline of December 5, 1996. Notwithstanding the fact that on December 4, 1996, the
Alliance issued a cover letter and sent to the County Contract KG -751, and it was received
after our County Commission agenda deadline of December 5, Social Services staff walked the
item through the various departments which had to give approval prior to placement on the
agenda. That walk- through occurred on December 9, 1996. Please be advised that, as with all
govemment agencies, the County has a set of procedures which require various departments,
particularly, legal, risk management, and the budget office, to review for their various
concems. All departments reviewed the contract, and it was submitted to the County
Administrator and added on to the December 18 agenda.
On December 12, the Alliance sent a request for the County to substitute pages nine
through fifteen, but that request was not only sent after the deadline for our add -ons, but also
physically received in the County on December 16, two days before the meeting. Despite Mr.
LaTorre's and Mr. Jove's attempts to speak to each other regarding same, and the inability of
the County to make a substitution at that late date, no telephone conversation could be held
until December 18, the day of the meeting.
At that time, during the December 18 telephone conversations which Mr. LaTorre
conducted with you and Pedro Jove, he was for the first time informed of the DOEA
requirement that contracts would only be for six months with six -month budgets. Further, he
discussed with you for the first time the information contained in your December 12 letter that
the County would be held to a 10% administrative cost limitation.
2. Since the County Commission did not have a contract which had all of the changes
requested for the December 12 letter, received by the County on December 16 and discussed
with you on December 18, the actual day of the County Commission meeting, it was
determined that the only mechanism by which the changes requested by the Alliance could
be effected was for the Alliance to provide an amended contract, either the full contract with
the revisions thereon, or a one -page amendment specifying the portions of the agreement to
be amended. On January 13, the Alliance signed the agreement which the County -
Commission had approved on December 18, 1996.
3. The language which you point to on page nine, which commences the contract on
January or the date executed by both parties, has been contained in all prior contracts.
Despite this language, last year, the Alliance did not insist that reimbursement commence on
the later date of signing. In a prior year, I believe 1991 or 1992, when the processing delay
caused by last- minute provision of a contract to the County resulted in execution by both
parties after the January 1 date, the Alliance altered the contract to eliminate the part about
the date when both parties had executed the contract. Accordingly, the County has always
been reimbursed as of the first of the year, notwithstanding the delays which red tape
inevitably causes.
B. Respecting US -750:
1. In your telephone conversation with Mr. LaTorre, who called about Mr. Jove's January
14 letter, you informed Mr. LaTorre that the same problem existed for US -750, to wit: the
agreement was not signed by the Alliance until October 10, 1996 and that therefore, monies for
services as of October 1 through October 9 would not be paid. Not only did your notice come
three months after the fact, but it apparently ignores another fact, that the contract overlaps
with a pre- existing grant, and the monies from the first few months of the contract are actually
derived from a previously existing grant. Please note that we signed the agreement effective
September 19, 1996.
C. Overall:
1. Since the Alliance for Aging generates the contract, it easily could have been and
should have been signed by the Alliance prior to sending to the County after the eleventh
hour for our Commission meeting. The County Commission meets once a month, usually the
third week of the month. Since contracts cannot be executed before the meeting minutes are
transcribed, it often takes one to two weeks to get the documents executed.
2. Due to the delays and the difficulties in processing anything through the Alliance for
Aging, Inc., the County is being forced to revise its procedures. Accordingly, we must insist
upon one of the following solutions if the Alliance for Aging is not going to honor its contracts
as of January 1 of each calendar year. First, the Alliance can strike the language regarding
the later date of execution by both parties, or the County will have to shut down its programs
as of the last day of the prior contract year until such time as a contract is in effect. Second, if
the language is not to be stricken and the Alliance carries out its obligation to ensure that the
programs are operated according to State mandates, the County will have to have the
contracts three months in advance of the commencement date. Finally, the last option,
should the language not be stricken and the Alliance unwilling or unable to provide the
contracts three months in advance, and able only to provide the contracts with two or less
weeks before the commencement date, the Alliance will have to sign the contract first. Please
keep in mind that the County Commission meets only once a month and therefore the
contracts would have to be received by the County, already signed by the Alliance, prior to
the deadline for that County Commission agenda, normally two weeks prior to the meeting
date.
3. On many occasions over the years, Monroe County has had to pass resolutions to
continue services so that programs would not be terminated pending execution of the
contracts. Frequently, contracts have been delivered to the County after the commencement
date and the County has always conducted itself on the good faith that the services provided
under the programs covered by those agreements would be compensated.
Sincerely,
Suzanne . Hutton
Assistant County Attorney
SAH:aa
cc: James L. Roberts, County Administrator
Honorable Debbie Horan, Fla. State Representative
Peter Horton, Director of Community Services
Louis LaTorre, Director of Social Services
E. Bentley Liscomb, Secretary, Fla. Department of Elder Affairs
� _� _ BOARD OF COUNTY COMMISSIONERS
- MAYOR, Shirley Freeman, District 3 4. 0 U N TY of M 0 N R 0 E `. `�,. ' Mayor Pro Tem, Jack London, District 2
' Wilhelmina Harvey, District 1
;!
KEY WEST FLORIDA 33040 ,L,, 4� Mary Kay Reich, District 5
II . 1 . . OT Keith Douglass, District 4
o` -'!'y
, ' 4'.
F a ^ At County Attorney's Office
7 17-1-- ' 310 Fleming Street, 2nd Floor
Key West, Florida 33040
February 12, 1997
Mr. Pedro Jove
Assistant Director
Alliance for Aging, Inc. .
9500 S. Dadeland Blvd.
Suite 400
Miami, FL 33156
RE: Contract KG -751 / Appeal
Dear Mr. Jove,
I am in receipt of your February 7, 1997 letter. Although you do not specify, there is a clear
insinuation that the answer to my request for an appeal is no, not only as to the substance, but
as to the procedure. Further, it is clear that you are still missing the point.
The point is that any contract that the County signs has go through a time - consuming
process. First, it has to be reviewed by four departments. Once reviewed by the four
departments, it is placed on a Commission meeting agenda, and this must be done on or
before a published deadline.
I am enclosing a copy of a memo setting forth the 1997 BOCC meeting dates and the
deadline by which we have to have our materials in to the Administrator's office for said
agenda. Although the meeting dates are scheduled for two days, it has been the practice of
the County for almost a year to only meet on the first of those designated days, unless the
volume of business is so much that a second day is required. Our agenda items must be in the
Administrator's office by a deadline, generally set twelve to thirteen calendar days before the
first (and usually only) day of the meeting. There is not one single instance, other than the
month of January, for which a two -week advance receipt of your contracts would even meet
our agenda deadline. Since we have the four - department review process, obviously two
weeks is insufficient.
While we could work with a three -week time period between the receipt of the contract
and the meeting date, the after - meeting problem will continue to be a problem because of
the time lag between the date of the meeting, the date that the minutes are transcribed, and
the date of the County processing all of the Commission's business pursuant to said minutes.
Fortunately, I note that the December 1997 meeting is scheduled much earlier in the month
than it has been in the past. This should give the County sufficient time in December to get the
paperwork processed and back to you prior to January 1. However, please note that the
deadline for the December agenda is the day before Thanksgiving. This means that all four
departments must have reviewed the contract and the Social Services Department prepared
qiip
an agenda summary and sufficient copies of the agenda item before submission to the
County Administrator's office. This requires a bare minimum of one additional day, provided
everybody drops everything else that they are doing to address your contracts immediately
upon receipt. This is totally unreasonable on your part. These agreements do not change
significantly from year to year, and can easily be prepared in advance.
If there are problems with establishing reimbursement rates prior to the time period
necessary to allow the County to place the contracts on the County Commission agenda, it
seems reasonable to address them in a manner similar to that of USDA 750, preparing a
contract with a commencement date to allow services to continue uninterrupted and
providing for an amendment at a later date when the reimbursement rate is established.
While I can understand your retaining the date execution language in your standard
contract, purposely delaying the processing of the contracts until it is either impossible for the
County to execute the contract in time to retum it to you before the first, or so that all of the
County's procedures have to be set aside to accommodate your one contract, is
unreasonable. While my initial demand of three months in advance may be unreasonable, it is
no more so than your demand.
My suggestion that your agency sign first was offered as a solution to the dilemma that we
always have with the time crunch. Like the Alliance, Monroe County has a policy of signing
after other contractors for all but those agreements with other governmental entities. We
sometimes deviate from this policy in order to facilitate the finalization of an agreement where
time is of the utmost importance. It would appear from our deteriorating relationship over the
past year, and your refusal to provide either technical assistance or accommodation in
handling paperwork to enable Monroe County to provide services that the Alliance is no
longer interested in doing business with Monroe County. If that is the case, please advise us.
Finally, when I served notice of an appeal, I intended that the appeal encompass all of
the normal procedures related to an appeal, including a fair hearing. Your letter indicates that
no fair hearing is being accorded to us. Please verify this as soon as possible, so that I can
determine the appropriate action to take in this matter.
Sincerely,
Su nne A. Hutton
Assistant County Attorney
SAH:aa
cc: James L. Roberts, County Administrator
Honorable Debbie Horan, Fla. State Representative
Danny Kolhage, County Clerk
Peter Horton, Director of Community Services
Louis LaTorre, Director of Social Services
Bentley Lipscomb, Secretary, Dept. of Elder Affairs
Willis N. Murray, President, Alliance for Aging, Inc.
MEMORANDUM
TO: Mayor Douglass and Commissioners
County Attorney
Clerk of Court
Division Directors
Department Heads
FROM: Debbie Frederick
Aide to the County Administrator
SUBJECT: 1997 BOCC Meeting Dates
DATE: November 18, 1996
MEETING DATES AGENDA DEADLINE LOCATION
- 1/16/97 1/2/97 Key West Holiday Inn Beachside
2/19/97 - 2/20/97 2/6/97 I I Key Largo Library
3/19/97 - 3/20/97 3/6/97 Marathon Government Center
4/16/97 - 4/17/97 4/3/97 Key West Holiday Inn Beachside
5/20/97 - 5/21/97 5/8/97 //.1,"" Key Largo Library
6/18/97 - 6/19/97 • 6/5/97 Marathon Government Center
7/16/97 - 7/17/97 7/3/97 Key West - Truman School
8/19/97 - 8/20/97 8/7/97 1 / : 0'4' Key Largo Library
9/17/97 - 9/18/97 9/4/97 Marathon Government Center
10/15/97 - 10/16/97 10/2/97 Key West - Truman School
11/12/97 - 11/13/97 10/30/97 I l : C Key Largo Library
12/10/97 - 12/11/97 11/26/97 Marathon Government Center
PU rt
All meetings in Key Largo begin at 0"am on the first day and 9 :00 am on the second day.
Key Largo Library Marathon Gov't Center Truman School
Tradcwinds Shopping Center 2798 Overseas Highway 1200 Truman Avenue
Appro'rd at the Nmcm1►cr 12, 1996 13000 meeting.
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•
r . - „__ BOARD OF COUNTY COMMISSIONERS
- Ii ���! MAYOR, Shirley Freeman, District 3
COUNTY o f M 0 N R 0 E � '" Mayor Pro Tem, Jack London, District 2
t �j Wilhelmina Harvey, District 1
KEY WEST FLORIDA 33040 �Y,;! '•'•' 2,! �, Mary Kay Reich, District 5
(305) 294 -4641 699,1210,',. Keith Douglass, District 4
ti • '`IS+� SAL,.- °' "t
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Monroe County Social Services
Public Service Bldg., Wing III
Key West, FL 33040
Phone: (305) 292 -4573
FAX: (305) 292 -4517
MEMORANDUM
TO: Danny Kolhage, Clerk of Court
FROM: Louis LaTorre, Executive Director oe rfr' .'"---------
Social Services
RE: Amendment to Contract KG -751
DATE: May 16, 1967
For your records, attached please find the fully- executed original of the above - captioned
amended contract.
Attachment
cc: Gwen Rodriguez, In -Home Services Director
Moni Garrido, Nutrition Director
Monroe County Finance Department
David Owens, Grants Accountant
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Area Agency on Agin for 1' ade and Monroe Counties •
ALLIAN May 12,
19
F or
AGING,
Inc.
Louis La Torre, Executive Director
Monroe County Social Services
5100 College Road - Wing III
OFFICERS Key West, Florida 33040 CSS
WILLIS N. MURRAY /�
President "'V
RADIO vA FI2ISCH3IA . Ed.D.
SUBJECT: CONTRACT KG -751 9� y
`'ire President SERVICES
COMM. MARY KAY REICH Dear Louie:
Secretary
ROBERT EBERST 1 enclose an executed copy of Amendment #1 to your 1997 OAA
Treasurer contract with the Alliance. This amendment changes the Method of
IMMEDIATE PAST PRESIDENT Payment clause in your contract to include a paragraph detailing the
financial penalties to be imposed should you fail to achieve the units of
CARLOS NOBLE service under contract.
BO RD CIE SIB R� If you have any questions please let me know.
ALBERT AFTER IAN Sincerely,
DONALD E. BAKER, Es
ROSLYN BERRIN
CONCHY T. BRETOS
CAROLINA CALDERIN
MICHAEL FRIEDMAN
CHARLES GRAY Pedro Jove
HON. ROBERT B. INGRAM Assistant Director
NORMA LEMBERG
BENJAMIN LEON
GENE \A MILLER
JEAN JONES PERDUE, M.D. Enc.
JULIA PRANSCHKE
MARTIN URRA
DR. FREEMAN T. WYCHE
L. GEORGE YAP
,EXECUTIVE DIRECTOR
JOHN L. STOKESBERR: 'MEd.
9500 South Dadeland I:,uleaard, Suite 400, Miami, Florida 33156, Tel .1305) 670 - 6500, Suncom 455 -6500
Fax 1305) 670 - 6516, TDD 1305➢ 670-7721
e
Area Agenc on Aging for Dade and Monroe Counties
October 31, 1997 'OWED
A ANCE Louis LaTorre, Executive Director
For Monroe County Social Services 110 $ v a
AGING, Wing III - 5100 College Road rulorroeCoucoY
Inc. Key West, FL 33040 %,41. ��
Subject: Contract KG -751
OFFICERS Dear Louie:
WILLIS N. MURRAY
President Enclosed please find an executed copy of Amendment 002 to your 1997 Older
Americans Act contract which makes a one -time award of $23,903 to your agency.
RAMONA FRISCHMAN, Ed.D. Your Title III -D award reflects a $1,098 decrease due to funding reductions. We
Vice President
have offset it partially with a $27 carry- forward allocation.
COMM. MARY KAY REICH
Secretary Based on the revised budget your staff has submitted to us, the fund distribution is
ROBERT EBERST as follows:
Treasurer
IMMEDIATE PAST PRESIDENT I III -B 1 C -1 I C -2 1 D 1 TOTAL
CARLOS NOBLE ORIGINAL $178,181 $125,191 $122,027 $28,764 $454,163
AMOUNT
DOARD MEMBERS AMENDMENT #2 $15,903 $8,000 0 0 $23,903
ALBERT AFTERMAN 1997 0 0 0
DONALD E. BAKER, Esq. (1,098) (1,098)
ROSLYN BERRIN REDUCTION
CONCHY T. BRETOS 1996 CARRY 0 0 0 27 $27
CAROLINA CALDERIN FORWARD
MICHAEL FRIEDMAN
CHARLES GRAY REVISED TOTAL $194,084 $133,191 $122,027 $27,693 $476,995
HON. ROBERT B. INGRAM
NORMA LEMBERG - -
BENJAMIN LEON
GENEVA MILLER The Board of Directors has approved this one -time award in order to enable your
JEAN JONES PERDUE, M.D. agency to continue services to existing clients and gradually downsize the scope of
MART PRA:�'SCHKE its OAA operation in funding y
MARTIN 1`RRA p preparation for the decreased fundin available to you in 1998.
DR. FREEMAN T. WYCHE
L. GEORGE YAP Copies of your revised budget and service output projections are also enclosed.
BXECL;TIvE DIRECTOR. If you have any questions please call (305) 670 -6500 and ask for Loretta Kushner
(Ext. 229) or me (Ext. 223).
JOHN L. STOKESBERRY, M.Ed.
Sincerely,
Pedro Jove
Assistant Director
c ,, 7 l jtL.. . e1 Lt, Enc.
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9500 6ou Dadeland Boulevard, Suite 400, Miami, Florida 33156, Tel .(305) 670 - 6500, Suncom 455 - 6500
Fax (305) 670 - 6516, TDD (305) 670 -7721