Settlement Agreement 04/17/2013AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE. May 2, 2013
TO: Thomas P. Ravenel, Director
Finance Department
FROM. • Pamela G. Hanc ctC.
At the April 17, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item C 15 Settlement Agreement (reference US -1251 NSIP Nutrition Services
Incentive Program) Contract between the Alliance for Aging, Inc. (AAA) and the Monroe County Board
of County Commissioners (Social Services/In -Home and nutrition programs).
Enclosed is a duplicate original for your handling. Should you have any questions, please feel
free to contact our office.
cc: County Attorney w/o document
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663
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88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
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SETTLEMENT AGREEMENT d---)
.1 ORIGINAL
This Agreement is made and entered into on the 21th day of March, 2013, by an = _-
between the Alliance for Aging, Inc. (the "Alliance ") and Monroe County Social Services
WHEREAS, the Alliance received funding from the Florida Department of Elder Affairs
(the "Department ") under contract KU012 to supplement funding for food used in meals served
by Older Americans Act and American Recovery and Reinvestment Act of 2009, nutrition
providers; and
WHEREAS, the Alliance has contracted with Monroe County Social Services to provide
meals under the Older Americans Act and its contract incorporates by reference Section 287.058,
Florida Statutes, and other language allowing modification of the terms of the contract only
when they have been reduced to writing and duly signed by both parties; and
WHEREAS, contract KU012 specifies that the rate of payment, the units of service and
the total dollar amount may be adjusted retroactively to reflect changes to the cash allocation that
the Alliance receives through its contract with the Florida Department of Elder Affairs; and
WHEREAS, the Alliance presented Monroe County Social Services with a written
contract amendment for execution on December 18, 2012 increasing the unit rate and the budget
allocation for meals served between October 1, 2011 and September 30, 2012; and
WHEREAS, Monroe County Social Services did not return the signed amendment prior
to the contract expiration date of December 31, 2012; and
WHEREAS, copies of the executed contract and the amendment are attached hereto as
Exhibits "A" and "B" respectively; and
r APR 2 3 2013
WHEREAS, Monroe County Social Services has a claim for payment for the services
performed as described in the invoices attached as Exhibit "C," and the Alliance desires to settle
and discharge such claim.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the
parties agree as follows:
1. The Alliance agrees to pay Monroe County Social Services the sum of $7,196.80,
which amount represents the final claim of Monroe County Social Services for providing the
number of meals described in Exhibit "C" during the period beginning October 1, 2011 through
and including September 30, 2012.
2. Upon receipt of payment, as provided in paragraph 1 above, Monroe County
Social Services for its attorneys, heirs, executors, administrators, successors and assigns, does
hereby fully, finally and forever release and discharge the Alliance, the Department and their
agents, representatives, attorneys, and assigns from all claims, demands, actions, causes of
action, or suits relating to payment for the services provided by Monroe County Social Services
as described in Exhibits "A" and "B" for the period beginning October 1, 2011 through and
including September 30, 2012.
This Agreement shall be binding on and inure to the benefit of the parties and
their respective legal representatives, successors and assigns.
4. Monroe County Social Services agrees to be bound by the terms and conditions
set forth in Exhibit "A," attached hereto and incorporated herein, for performance of the work
which is the subject of this settlement agreement.
Upon the execution of this Agreement, the terms hereunder shall become effective
only upon the subsequent approval thereof by the Department and is further contingent upon
2
approval by the Chief Financial Officer of the State of Florida to the extent such approvals are
required.
6. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original but all of which together will constitute one and the same agreement. In
the event that any signature or counterpart is delivered by facsimile, e-mail or other electronic
transmission, such signature or counterpart shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) the same with the same force
and effect as if such facsimile, e-mail or other electronically transmitted signature page were an
original thereof, and shall be admissible in any proceeding to the same extent as an original.
IN WITNESS WHEREOF, the parties have executed this agreement this _ fill Jay of
Am t? - 2013.
Monroe County Board f County Commissioners
SIGNED BY:
NAME: �2�0 4e, ►VeIJL
TITLE: M A y 0 p-
DATE: 4 .1 17
Alliance for Aging, Inc.
SIGNED BY:
NAME:
TITLE:
DATE: APR 18 2013
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Contract Number US -1251
NUTRITION SERVICES INCENTIVE PROGRAM
2011 -2012 CONTRACT
THIS CONTRACT is entered into between the Alliance for Aging, Inc.,
hereinafter referred to as the "Alliance ", and Monroe County Board of
Commissioners, hereinafter referred to as the "recipient
The total amount and the reimbursement rate included in this initial
contract are subject to change based on the official funding allocation and
unit reimbursement rate is published by DOEA.
I. Recipient Agrees:
A. Services to be Provided:
To plan, develop, and accomplish the services delineated, or otherwise
cause the planning, development, and accomplishment of such services
and activities, under the conditions specified and in the manner
prescribed in Attachment I of this agreement.
B. Requirements of Section 287, Florida Statutes:
These requirements are herein incorporated by reference.
C. Final Request for Payment:
The Recipient must submit the final request for payment to the Alliance
no more than 30 days after the contract ends or is terminated; if the
Recipient fails to do so, all right to payment is forfeited, and the
Alliance will not honor any requests submitted after the aforesaid
time period. Any payment due under the terms of this contract may be
withheld until all reports due from the Recipient, and necessary
adjustments thereto, have been approved by the Alliance.
D. Additional Reporting Requirements:
1. If the Alliance has sanctioned the recipient, while the sanctions are in
effect the recipient shall provide to the Alliance, on a monthly basis, the
recipient's financial statements that reflect the current, un- audited
revenues and expenditures and the recipient's cash position as well as
any other documentation that may be requested by the Alliance.
2. If the recipient is required to prepare a corrective action plan,
supporting documentation as requested by the Alliance shall be
provided.
II. The Alliance Agrees:
A. Contract Amount:
To pay for services according to the conditions of Attachment I in an
amount not to exceed $29,787.00, subject to the availability of funds.
Contract Number US -1251
B. Obligation to Pay:
The Alliance's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature and passed
through the Department of Elder Affairs.
C. Source of Funds:
The costs of services paid under any other contract or from any other
source are not eligible for reimbursement under this contract. The funds
awarded to the recipient pursuant to this contract are in the state grants
and aids appropriations and consist of the following:
Program Title
Year
Funding
CFDA#
Fund Amounts
Source
Nutrition Services
2011-2012
OAA
93.053
$29,787.00
Incentive Program
TOTAL FUNDS CONTAINED IN THIS CONTRACT:
$29,787.00
III. Recipient and Alliance Mutually Agree:
A. Effective Date:
1. This contract shall begin on October 1. 2011
2. Delivery of services shall end on September 30, 2012. This contract
shall' end on December 31, 2012. See Attachment I, Section III.E.
B. Termination, Suspension, and/or Enforcement:
The causes and remedies for termination or suspension of this contract
shall follow the same procedures as outlined in Section 111.6. and Section
III.C. of the Master Agreement.
C. Recipient Responsibility:
The provider agrees to comply with applicable parts of Rule Chapter 58C-
1, Florida Administrative Code promulgated for administration of
Sections 430.201 through 430.207, Florida Statutes, and the
Department of Elder Affairs 2012 Home and Community -Based
Services Handbook.
D. Notice, Contact, and Payee Information:
1. The name, address, and telephone number of the contract manager
for the Alliance for this contract is:
Max B. Rothman, JD, LL.M.
President/CEO
760 W 107 Avenue, Suite 214
Miami, FL 33156
2
Contract Number US -1251
(305) 670 -6500
2. The name, address, and telephone number of the representative of
the recipient responsible for administration of the program under this
contact is:
Sheryl Graham
GATO Building —1100 Simonton Street
Key West, FL 33040
(305) 292 -4573
3. In the event different representatives are designated by either party
after execution of this contract, notice of the name and address of the
new representative will be rendered in writing to the other party and
said notification attached to originals of this contract.
4. The name (recipient name as shown on page 1 of this contract) and
mailing address of the official payee to whom the payment shall be
made:
Monroe County Board of Commissioners
GATO Building —1100 Simonton Street
Key West, FL 33040
(305) 292 -4573
E. Renegotiation or Modification:
1. Modifications or changes to the funding in this contract and
corresponding services related to the increase or decrease, may be
made in the form of a written Notice of Award Increase /Decrease
signed by the Alliance's President and Director of Administration.
The Board President or its Designee of the recipient shall sign the
Notice of Award Increase /Decrease and return it to the Alliance
within fourteen (14) days or sooner if requested by the Alliance. By
signing Notice of Award Increase /Decrease, the Board President or
its Designee of the recipient acknowledges the receipt of and
agreement with the terms contained in the Notice.
2. Upon Receipt of a Notice of Award Increase /Decrease, the
recipient shall update affected information in budget summaries,
deliverable schedules, unit rate information contained in the unit
cost methodology, or any other applicable financial information
contained in the service provider application or required in this
contract. This shall be done within ten working days of receipt of
such notice.
Contract Number US -1251
IN WITNESS THEREOF, the parties hereto have caused this 7- a e contract to
be executed by their undersigned officials as duly authorized.
RECIPIENT:
MONROE COUNTY BOARD OF
COMMISSIONERS
ALLIANCE FOR AGING, INC.
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGNED BY: SIGNED BY:
Max B. Rothm
NAME: David P. Rice NAME:
TITLE: Mayor TITLE: President / CEO
DATE: November 16; 2011 DATE: JAN 2 3 2012
AS TO
FEDERAL ID NUMBER: 59- 6000749
RECIPIENT FISCAL YEAR END DATE: 09/30
P.EDRO J. ME
TAN 7 AMTORNEY
LIZ - r /t
4
Contract Number US -1251
ATTACHMENT
NUTRITION SERVICES INCENTIVE PROGRAM
I. STATEMENT OF PURPOSE
The Nutrition Services Incentive Program (NSIP) is authorized by Section 311
of the Older Americans Act of 2000, as amended. The NSIP is the new name
for the former United States Department of Agriculture (USDA) cash or
commodity program known as the Nutrition Program for the Elderly. NSIP
provides reimbursement for the purchase of United States produced
agricultural and other food commodities for use in nutrition projects operating
under approved Older Americans Act Title III contracts.
II. SERVICES TO BE PROVIDED
A. Services:
Upon receipt of a prior authorization for services from Alliance staff, to
provide the following services: The purchase of United States produced
agricultural and other food commodities for use in nutrition projects
operating under approved Title III contracts for nutrition services with the
Recipient. Prior authorization for these services will be provided by the
Alliance.
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described
in the recipient's service provider application update for federal fiscal year
2012 and the Department of Elder Affairs Home and Community -Based
Services Handbook. In the event the handbook is revised, such revision
will automatically be incorporated into the contract and the recipient will
be given a copy of the revisions.
Ill. METHOD OF PAYMENT
A. This is a fixed rate contract. The Alliance shall make payment to the
recipient for provision of services up to a maximum number of units of
service and at the prospective rate stated below:
Service to be Provided Units of Unit Rate Maximum
Service Units
Eligible Congregate and
Home Delivered Meals 1 unit = 1 meal 0.68 43,804
The prospective rate is based on the estimated OAA grant award.
Contract Number US -1251
B. All requests for reimbursement shall be in accordance with policy
regarding reimbursable meals and Client Information Registration and
Tracking System ( CIRTS) policy regarding data entry for reimbursable
meals. All requests for reimbursement shall include:
1. The request for reimbursement shall be submitted on DOEA Form
117, Request for Reimbursement, USDA Cash -In -Lieu of
Commodities.
2. DOEA Form 118, PSA/Recipient Monthly Meals Report must be
submitted with the request for reimbursement.
3. A CIRTS report must be submitted with DOEA Forms 117 and 118 as
supporting documentation for the total number of meals reported. The
CIRTS report must match the number of meals reported on DOEA
Form 118.
4. Duplication or replication of the DOEA forms 117 and 118 via data
processing equipment is permissible but replication must include all
data elements in the same format as included on the departmental
forms.
5. The due date for the request for reimbursement and report(s) shall be
no later than the 1 0th day of the month following the month being
reported.
C. Invoices will be in sufficient detail for a proper pre -audit and post -audit
thereof. The recipient shall maintain documentation to support payment
requests which shall be available to the Comptroller, the Department of
Elder Affairs or the Alliance, upon request.
D. Additional Reporting Conditions:
1. This contract is for services provided during the 2012 Federal Fiscal
Year beginning October 1, 2011 through September 30, 2012;
however, the contract is in effect through December 31, 2012. The
additional four months (October 1, 2012 through December 31, 2012)
are to allow rates to be adjusted for the twelve -month service period.
Retroactive rates will be based on the final OAA grant award divided
by the total eligible meals reported in Florida. This contract shall
automatically terminate after the final rate for the federal fiscal year
has been established and the Department of Elder Affairs authorizes
the release of final payments.
2. In the event that the final reimbursement rate is greater or less than
the rate in Attachment I, Section III.A., then this contract shall be
n o
Contract Number US -1251
appropriately adjusted and the final rate shall be effective for the entire
contract period upon notice from the department's contract manager.
E. Any payment due by the Alliance under the terms of this contract may be
withheld pending the receipt and approval by the Alliance of complete and
accurate financial and programmatic reports due from the recipient and
any adjustments thereto.
IV. SPECIAL PROVISIONS
A. State Laws and Regulation:
1. The recipient agrees to comply with applicable parts of Florida
Statutes, Rule 58A -1, Florida administrative code and the Department
of Elder Affairs Home and Community -Based Services Handbook.
2. The Alliance and recipient agree to provide services and implement
the provisions of this contract in accordance with Federal, State, and
Local laws, rules, regulations, and policies that pertain to the Nutrition
Services Incentive Program cash payments and Older Americans Act.
7
Amendment 002
CONTRACT US- 1251 page 1
THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred
to as the "Alliance ", and Monroe County Board of Commissioners.
al
The purpose of this amendment is to increa e from C68 to .753786755. Payments f or betmade
contract of $ 36,133.52, and increase the
based on availability of funds.
All provisions in the contract an any attachment this ther in c with this amendment
shall be and are hereby change d to c onform with
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 a ll its attachments are hereby made a part of the contract.
IN WITNESS WHEREOF, the parties hereto have caused this 1 -page amendment to be executed
by their undersigned officials as duly authorized.
PRO_ VIDER:
County Board of
mmissio s.
L4Mroe
SIGNED BY:
SIGNED BY:
NAME:
George R. Neugent NAME:
TITLE:
TITLE:
Mayor
DATE:
January 16, 2013 DATE:
EY
S ISTA.NT�OUNT ,LTI" fRi�:E�f
Date
4_ E A R_�
A HF—A E.6Pd, C Er.'.F ,, t
ALLIANCE FOR AGING, INC.
Max B. Rothman, JD, LL-M.
President & CEO
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MAR 0 5 2013
MEMORANDUM �'4 - PK
TO: Carlos Lahitte, Alliance for Aging
FROM: Ellen Caron, Coordinator of Nutrition Services
DATE: 2/27/2013
RE: Amendment 002 to Contract US -1251
Carlos,
Attached are five signed and stamped copies of Amendment 002 to Contract US -1251, which
was approved by the Board of County Commissioners at their January 16th meeting.
Please have them executed by the Alliance and return my copies to me.
Thank You,
Ellen Caron
Monroe County Social Services
1100 Simonton Street
Key West, FL. 33040
(305) 292 -4522 phone
(305) 292 -4483 fax
County of Monroe
The Fl orida Keys
E
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
MAR 0 5 2013
MEMORANDUM �'4 - PK
TO: Carlos Lahitte, Alliance for Aging
FROM: Ellen Caron, Coordinator of Nutrition Services
DATE: 2/27/2013
RE: Amendment 002 to Contract US -1251
Carlos,
Attached are five signed and stamped copies of Amendment 002 to Contract US -1251, which
was approved by the Board of County Commissioners at their January 16th meeting.
Please have them executed by the Alliance and return my copies to me.
Thank You,
Ellen Caron
Monroe County Social Services
1100 Simonton Street
Key West, FL. 33040
(305) 292 -4522 phone
(305) 292 -4483 fax
REQUEST FOR REIMBURSEMENT
NSIP CASH IN LIEU OF COMMODITIES
EXffl,6 o 7 G .
W ED
Lj
p A
I
2011 -2012 NSIP
11 I
ADDRESS, PHONE# and FEID# TYPE OF REPORT: THIS REQUEST PERIOD
MONROE COUNTY NUTRITION PROGRAM PAYMENT REQUEST. From 9;21/2012 To r�,30/2012
Gato Building Room 1 -201
1100 Simonton Street Regular X_ supplemental Report # �y1
Key West, Florida 33040
PHONE # 305 292 -4522 Contract Period 1011/2011 to 9/30/2012
i FEID# 59- 60000749
Contract #_US -1251
PSA# 11
CERTIFICATION: I HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THE INFORMATION IN THIS REPORT IS ACC RATE
A ND COMPLETE AND THAT ALL OUTLAYS REPORTED HEREIN WERE FOR PURPOSES SET FORTH IN THE CONTRAC OC MENTS /
Prepared b : ),� Date t�_� Approved B
Date:
Sr. Grants Cooralriator - Kim Wean i Social Services Dlrecto -Sheryl Graham
PART A: REIMBURSEMENT COMPUTATION YEAR TO DATE CURRENT MONTH
CONGREGATE HOME DELIVERED CONGREGATE HOME DELIVERED
1. Number of Meals Served
2. line 1 Times $_.68 per Meal
3. Total
9 &�
Grand Total $ / i /�j Total Reimbursement
�0 7' Requested / �
1RT B: CONTRACT SUMMARY
Approved Contract Amount
Reimbursement Requested and not received
Contract Balance
Amount to be reimbursed - This Report
Contract Balance
DOEA Form 117 nsip revised 9/11