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1st Amendment 09/28/2016 -.y7---. 4 ri4:111% -, ',a -1, ,'\,?,,''N)>: •,' ' 's :4\\U 1-0' 1 I/ r" A * '. ,I /,,,,,,,,,,,„0 Amy HEAvILIN cpA ...„, - ,,, ,,,,„4:., ,.... ,,K.. .: -, , -;14 Ert - \----.4 .� y CLERK OF CIRCUIT COURT & COMPTROLLER • ' i. ^.Gf� k MONROE COUNTY,FLORIDA A41 i i ,,- DATE: November 1, 2016 TO: Sheryl Graham, Director FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller e - At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of the item C27 Approval of Ratification of Nutrition Services .Incentive Program (NSIP) Contract US-1651 between the Alliance for Aging, Inc., and Monroe County BOCC/Monroe County Social Services for the contract year 2015-2016 (10/01/15 - services end on 12/31/16; contract ends on 02/15/2017) in the amount of$42,766.48. Enclosed are three (3) duplicate originals of the above mentioned for your handling. Should you have any questions,please feel free to contact me. cc: County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Contract # US1651, Amendment 001 CONTRACT AMENDMENT ONE BETWEEN ALLIANCE FOR AGING, INC. AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, SOCIAL SERVICES/IN-HOME SERVICES WHEREAS, on September 30, 2015, the Alliance for Aging, hereinafter referred to as the (Alliance) and Monroe County Board of County Commissioners, Social Services/In-Home Services, (Contractor), entered into original contract US-1651 for the provision of Nutritional Service Incentive Program; and NOW THEREFORE, the parties agree to the following: 1. The purpose of this Amendment is to increase the service and funding, and replace attachments and contractual language of the contract. The additional funding for this Amendment is $15,520.55, therefore the new total contract amount is $42,766.48. 2. ATTACHMENT I, SECTION 1.2.4 is hereby replaced. 1.2.4 Term of Provision of Services The term of this contract for the delivery of services shall be October 1, 2015 through December 31, 2016. 3. ATTACHMENT I Section 3.1 is hereby replaced GENERAL STATEMENT OF METHOD OF PAYMENT This is a fixed rate contract. The Alliance shall make payment to the Contractor for provision of services up to a maximum number of units of service and at the prospective rate stated below: Service to be Provided Unit of Service Unit Rate Maximum tinats Eligible Congregate and Home Delivered Meals 1 unit = 1 meal $.72 59,398 4. ATTACHMENT I, Section 3.2.1 is hereby replaced 3.1.1 Date for Final Request for Payment (1) The final request for payment is due to the Alliance no later than February 15, 2017. This contract is for services provided during the 2015-2016 Federal Fiscal Year beginning October 1, 2015 through December 31, 2016.; This contract shall automatically terminate after the final rate for the federal fiscal year has been established and the release of final payments are authorized by the Alliance. (2) In the event that the final reimbursement rate is greater or less than the rate in ATTACHMENT I, Section 3.1, then this contract shall be appropriately adjusted upon notice from the Contract Manager. (3) In the event of a conflict between this paragraph and any other provision in the contract, this section shall supersede. 5. ATTACHMENT I, Section 3.2.2.3 is hereby replaced The final request for reimbursement is due no later than January 15, 2017. 6. ATTACHMENT III is hereby replaced IN WITNESS THEREFORE, the Parties have executed this Amendment by the undersigned officials as duly authorized. Pagel Contract # US1651, Amendment 001 Monroe County Board of County Commissioners, Social Services/In-Home Services ALLIANCE FOR AGING, INC. SIGNED: SIGNED: NAME: Sheryl Graham NAME: Max B. Rothmaqe6, LLLVr— TITLE: Acting County Administrator TITLE: President/CEO DATE: 9/28/2016 DATE: SIGNED BY: o _p AS OR NAME: Heather Carruthers Pis "40 4 ASSISTA,�_`. COL' 1"Y ATO NE ' TITLE: MAYOR ate. --- DATE: f /� ll u 4 �0 T __= ^N� 3 C Page2 Contract # US1651, Amendment 001 ATTACHMENT III FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Alliance to the provider may be subject to audits and/or monitoring by the Alliance and/or the Department as described in this section. I. MONITORING In addition to reviews of audits conducted in accordance with OMB 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 Alliance and/or the Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance. In the event the Alliance and/or the Department determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Alliance and/or the Department to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Alliance and/or the Department. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider 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 Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 2 to this agreement indicates federal resources awarded through the Alliance by this agreement. In determining the federal awards expended in its fiscal year, the C o n t r a c t o r shall consider all sources of Federal awards, including federal resources received from the A l l i a n c e. 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 Contractor conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph 1, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Contactor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Contractor expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. 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 and/or the Department shall be fully disclosed in the audit report with reference to the Alliance 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 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 Contractor's fiscal year end. PART IL STATE FUNDED This part is applicable if the Contractor is a non -state entity as defined by Section 215.97(2), F.S. In the event that the contractor expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Contractor (for fiscal years ending September 30, 2004 or thereafter), the Contractor must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; 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 2 to this agreement indicates state financial assistance awarded through the Alliance by this agreement. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Alliance, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non -state entity for Federal program matching requirements. Page3 Contract # U51651, Amendment 001 Inconnection with the audit requirements addressed in Part II, paragraph 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Contractor expends less than $750,000.00 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 Section215.97, F.S., is not required. In the event that the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Contractor 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. Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. 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 shall be fully disclosed in the audit report with reference to the Alliance agreement involved. If not otherwise disclosed as required by Rule 69I-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Alliance in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but -no later than 12 months after the Contractor's fiscal year end for local governmental entities. Non-profit or for -profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Contractor's fiscal year end. Notwithstanding the applicability of this portion, the Alliance retains all right and obligation tomonitor and oversee theperformance ofthis agreement as outlined throughout this document andpursuant to law. II. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Contractor directly to each of the following: The Alliance at each of the following addresses: Alliance for Aging, Inc. Attn: Fiscal Department 760 NW 107`h Avenue Suite 214 Miami, FL 33172 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10"' Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Alliance at each of the following addresses: Alliance for Aging, Inc. Attn: Fiscal Department 760 NW 107`h Avenue Suite 214 Miami, FL 33172 Additionally, copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the Contractor directly to each of the following: The Alliance at the following address: Alliance for Aging, Inc. Attn: Fiscal Department 760 NW 107`h Avenue Suite 214 Miami, FL 33172 Any reports, management letter, or other information required to be submitted to the Alliance pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Page4 Contract # U51651, Amendment 001 Contractors, when submitting financial reporting packages to the A 1 1 i a n c e for audits done in accordance with OMB Circular A-133 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 was delivered to the Contractor in correspondence accompanying the reporting package. III. PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued, and shall allow the A 1 I i a n c e a n d t h e Department or its designee, the CFO or Auditor General Access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Alliance and the Department, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Alliance. Pages Contract # U51651, Amendment 001 ATTACHMENT II EXHIBIT I FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT PART 1: AUDIT RELATIONSHIP DETERMINATION Contractors who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500, and/or Section 215.97, Fla. Stat. Contractors 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 requirements set forth in Part I and/or Part II of Exhibit I is met. Contractors who have been determined to be vendors are not subject to the and it requirements oft CFR Part §200.38, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, Contractors who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part §200 and/or Rule 691-5.006, FAC, C o n t r a c t o r has been determined to be: Vendornot subject to 2 CFR Part §200.38 and/or Section 215.97, F.S. Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or Section 215.97, F.S. Exempt organization not subject to 2 CFR Part §200 and/or Section 215.97, F.S. For Federal awards, for -profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a Contractor is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the Alliance to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I-.5006, FAC [state financial assistance] and 2 CFR Part §200.330 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal awards, state maintenance of effort funds, 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: 2 CFR Part §200.416- Cost Principles* 2 CFR Part §200.201- Administrative Requirements** 2 CFR Part §200.500- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part §200.400-.411-Cost Principles* 2 CFR Part §200.100 -Administrative Requirements 2 CFR Part §200.500- Audit Requirements Reference Guide for State Expenditures 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 §200.418- Cost Principles* 2 CFR Part §200.100- Administrative Requirements 2 CFR Part §200.500 -Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR Part §200.400(5) (c). **For funding passed through U.S. Health and Human Services, 45 CFR 92; for funding passed through U.S. Department of Education, 34 CFR 80. STATE FINANCIAL ASSISTANCE. Contractors who receive state financial assistance and who are determined to be a recipient/subrecipient must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 691-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations Page6 Contract # U51651, Amendment 001 ATTACHMENT II EXHIBIT 2 FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT FUNDING SUMMARY Note: Title 2 CFR § 200.331, As Revised, and Section 215.97(5), Florida Statutes, Require That Information About Federal Programs and State Projects Be Provided to the Recipient and Are Stated in the Financial and Compliance Audit Attachment and Exhibit 1. Financial and Compliance Audit Attachment, Exhibit 2-Funding Summary Provides Information Regarding the Funding Sources Applicable to This Contract, Contained Herein, Is A Prediction ofFunding Sources and Related Amounts Based on the Contract Budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): N/A FEDERAL AWARD DATE: 10/1/2015 DUNS NUMBER: 073876757 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Nutrition Services Incentive Program FGTF 93.053 $42,766.48 TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133, As amended- Audits of States, Local Governments, and Non -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOUCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATF FINANCIAL. ASSITANCF SI IRIFCT TO cec ?] 5 97 F S PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE: Section 215.97, F.S., Chapter 691-5, FL Admin Code, Reference Guide for State Expenditures, Other fiscal requirements set forth in program laws, rules and regulations. Pagel