Loading...
Item C15BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/17/2013 Bulk Item: Yes X No Division: Deputy County Administrator Department: Social Services Staff Contact Person: SheryI Graham i (305)292- 4511 AGENDA ITEM WORDING: Request approval of 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). ITEM BACKGROUND: Monroe County Social Services received two amendments (4001 and #002) modifying the NSIP contract to adjust the incentive payment per meal cost. Neither amendment was executed by all parties prior to the contract's expiration of 12/31/2013. Therefore, amendments #001 and 9002 were rescinded in order to create a new Settlement Agreement and close the contract out. The AAA acknowledges that the meals were served in the appropriate contractual time frame and that Monroe County Social Services has always used these incentive payments to increase number of persons and meals served. In lieu of finalizing amendments 9001 and #002 to US-1251 NSIP Contract, the AAA has requested that these two amendments be rescinded and has issued a Settlement Agreement to ensure our payment of the meals in the amount of $7,196.80. PREVIOUS RELEVANT BOCC ACTION: Prior approval of US-1251 NSIP Contract (bulk item F8. November 2011), AND Amendment #001 (bulk item C3, August 2012), AND Amendment #002 (bulk item C3, January 2013). CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval TOTAL COST: $7,196.80 INDIRECT COST:-0- BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ 0 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER: MONTH: YEAR: APPROVED BY: County Atty./ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required To Follow DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ice] 14, 101-11 to I L-111 MX a AN Fa Contract with: Alliance For Aging, Inc. Contract: refer to NSIP , Contract US-1251 (AAA) Effective Date: Expiration Date: Contract Purpose/Description: Request approval of Settlement Agreement between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services/In Home and Nutritional Services). Contract Manager: Sheryl Graham 305-292- Social Services/Stop 1 4511 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 4/17/2013 Agenda Deadline: 4/2/2013 CONTRACT COSTS I Total Dollar Value of Contract: approx. $7,196.80 I Budgeted? Yes X No 0 County Match: $7,196.80 Additional Match: Total Match $ Estimated Ongoing Costs: $ (Not included in dollar value above) Account Codes: ./yr Current Year Portion: $ —125-61-'N 12 125-6159-12-- ADDITIONAL COSTS For: CONTRACT REVIEW D#tee n Changes Needed W e �ji(' Date Out Division Director Yes El Ni k-3) Risk Management Yes 0 No LE O.M.B./Purchasing Yes0 No County Attorney Yes F-1 N(v� Comments: ON115 Vorm Revised 2/27/01 MCP #2 P�Ea — KT— SETTLEMENT AGREEMENT This Agreement is made and entered into on the 21th day of March, 20 13 , by an&- - ORIGUNA11 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 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: 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. 3. 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. 5. 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 '• i 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 day of March 2013. Monroe County Board of County Commissioners SIGNED BY: NAME: TITLE: DATE: Alliance for Aging, Inc. SIGNED BY: NAME: DATE: i U v 3 Date . Contract Number US-1251 VVIi -1 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. 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. 11. The Alliance Agrees: A. Contract Amount: 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 Ill. 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 1, 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 111.13. and Section I I I.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 107th Avenue, Suite 214 Miami, FL 33156 2 Contract Number US-1251 160�� 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 Contract Number US-1251 IN WITNESS THEREOF, the parties hereto have caused this 7-page contract to be executed by their undersigned officials as duly authorized. RECIPIENT: MONROE COUNTY BOARD OF ALLIANCE FORAGING, INC. COMMISSIONERS BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: J SIGNED BY: 65ir 482�= Max B. Rothm , JD, L-1 . NAME: David P. Rice NAME: TITLE: Mayor TITLE: President / CEO DATE: November 16 ; 2011 DATE: JAN 2 3 2012 AS TO . ME A JTTORNEY 1wZ-1tl RECIPIENT FISCAL YEAR END DATE: 09/30 4 Contract Number US-1251 ATTACHMENTI NUTRITION SERVICES INCENTIVE PROGRAM 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 I I I contracts. 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 Eligible Congregate and Home Delivered Meals Units of Unit Rate Service 1 unit = 1 meal 0.68 RE Maximum Units 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. 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 Oth 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: 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 1, Section I I I.A., then this contract shall be Z 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. IN L I Amendment 002 CONTRACT US- 1251 im THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and NNIonroe County Board of Commissioners. The purpose of this amendment is to increase the contract amount by $7,10-6.80, for a total contract of $ 36,133.52, and increase the rate from .68 to .753786755. Payments will be made based on availability of funds. 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 withconform effect and are this amento be perfodmernt.med at the level specified in the contract are hereby amended to , Thiq amendment and all its attachments are hereby madeart 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. PROVIDER:(roe County Board of C ommissione,,r's. SIGNED BY: SIGNED BY: NAME: George R. Neugent NAME: TITLE: TITLE: Ma or DATE: January 16, 2013 DATE: CLESIK,- N N N00, 1-4(YA6 Max B. Rothman, JD, LL.M. President & CEO c BOARD OF COUNTY COMMISSIONERS County of Monroe �f Mayor George Neugent, District 2 i # Mayor Pro Tern, Heather Carruthers, District 3 Danny L. Kolhage, District 1 The Florida Keys David Rice, District 4 Sylvia J. Murphy, District 5 MAR ® 5 2013 MEMORANDUM 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 ADDRESS, PHONE# and FEID-# OF REPORT: E)O-0 8 ; 7- - (,I' . mrs--E SEP 2 2011-2012 NSIP MONROE COUNTY NUTRITION PROGRAM I PAYMENT REQUEST: From: _____g,121/2012—To-9,"30/2012 Gato Building Room 1-201 1100 Simonton Street Regular--X— supplemental Report # J4 Key West, Florida 33040 PHONE # 305 292-4522 Contract Period 10/1/2011 to 9130/2012 FEID# 59-60000749 Contract #—US-1251 PCAA 11 CERTIFICATION: I HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THE INFORMATION IN THIS REPORT IS ZACC RATE AND COMPLETE AND THAT ALL OUTLAYS REPORTED HEREIN WERE FOR PURPOSES SET FORTH IN THE CONTRAC OC MENTS I - - ART A: REIMBURSEMENT COMPUTATION Z_,--- Approved By: Date: ?/// / / - Sheryl CURRENT MONTH CONGREGATE -- F�; 77 DELIVERED � HOME 1. Number of Meals Served j 2. Une 1 Times $—.68 per Meal 1, 11"_2� 7457u� 3. Total 9 9(; Grand Total $ Total Reimbursement Requested kRT B: CONTRACT SUMMARY Approved Contract Amount Reimbursement Requested and not received Contract Balance Amount to be reimbursed - This Report Contract Balance DOER Form 117 nsip revised 9/11 YEAR TO DATE CONGREGATE HOME DELIVERED, s— $ /\ , afa Illzarz�e fur-�fgin�; Irrr. March 25, 2013 oF14TcExs Sheryl Graham Winston H. Lonsdale Social Services Director Ch ah Monroe County Social Services. Robert H. Folev. DX..u., J.D. 1100 Simonton Street, Suite 2-257 ii", Chair Key West, FL 33040 !Maria V Rains, %IHS Sc"retall, Dear Sheryl: Deborah J. Lowe, JD, U.M. This is to advise you that amendment 002 to our NSIP contract #US-1251 ra-c a.su c r increasing the number of allowable meals for incentive payments and .terry Sant iro increasing the incentive payment per meal, was delivered to our office past hnmedlcne Past Chair the date of the contract's expiration. In particular, the contract expired on December 31 st and the signed amendment arrived in our office on March BOARD NIEMsERs Sin 2013. Myriam aAmpuero-Martinez, MPA, RHIA, LHRM Our counsel has advised us that a contract can not be amended past its Rene M. cihran, cLTc, NIBA Paul S. expiration date. Therefore the amendment increasing the payments due to F.che%arria Carlos Gonzalez you --for meals served between October 1, 2011 and September 30, 2012, Lorraine Harris by $7,196.80 is void. Rev. Fr. Reginald JeanAlary Liliam'vl. Lipez Snsana May, till), MPH Nevertheless, we acknowledge that the meals were served in the Suzette S. Pope Santiago Quintana, Jr. appropriate contractual time frame and met all other requirements to - Gommissioner Francis Suarez qualify for the incentives, and that Monroe County has always used these Toni Va,concelos Myra H. Wittenberg incentive payments to increase the number of meals and persons served. For these reasons, the Alliance is willing to use a "Settlement Agreement" PRESIDENT & CEO process to provide the payment to your agency. Max B. Rothman, JD. LLM. 760 NW 107 Avenue Please sign three copies of the enclosed "Settlement Agreement" and return Suite ? 14 them to us by April 20th. Once the agreement is executed we should be able , r L /---3155 ( to process your payment. 30.5 50 ro> ���rt_t,00 Fax: ( 30) 222-4100 Please feel free to call me if you have any questions. A_in r V Di ahihty Resource center: 05 )670-43'7 Sincerely ' I -sO0 9O 3-533', ww-a-alliancetirragim�.or / 'fHoracio Soberon-Ferrer, Ph.D. VP for Finance and Healthy Aging_Programs --------- Alliance for Aging, Inc. clfc! tZ i lrea agency on AL_,in`� for Nliatni-Dade and :Monroe ('01.11MeS C. BULK APPROVALS - COINIMISSION ER CARRLTH ERS 1, Approval of Amendment 001 to the Community Care for the Elderly (CCE) Contract KC- 1271 between the Alliance for Aging, Inc. (Area Agency oIlA,-nm-0 and the Monroe County Board of Commissioners (Social ServicesAn-Horne Services) for fiscal year T/ 1, 1 to 6., 30/13. VIEW 1 Approval Of Amendment 00 1 to the Home Care for the Elderly (FICE) Contract KH- 1272 between the Alliance for A-inu- Inc. (Area Agency on A-Ino and the Monroe Z- - Z7 Z� I County Board Of COMM Commissioners (Social Services/ln-home Services) for the period of T'I i2012 to 6/ 33 0"11120 13 . \* I EW 3, Approval of Amendment 001 to Contract US- L2 i I between the Alliance for Aging, Inc. and Monroe County Board Of County Commissioners for funding of the congregate and home delivered meals provided by the Monroe County Nutrition Program. \'IEW 4, Approval of Third Amendment of the Legal Services Agreement with George Helm, 111, P.A. to provide Legal Services and representation in the area of workers' compensation claims for Monroe C01.111ty. VIEW i. Approval of Seventh Amendment of the legal services agreement with Kelley, Kronenbeq., Gilmartin, Fichtel, Wander, Baindas, Eskalyo & Dunbrack, P.A. to amend the agreement in order to Update authorized timekeepers. VIEW 6. Approval to renew current Life Insurance and Accidental Death & Dismemberment (AD&D) policy with The Hartford Life Insurance for one additional year. Rate increase of .01 per $ 1000 for Basic Life, no Increase in AD&D rate. VIEW T Ratification of the previously executed Florida Department of Transportation Supplemental Joint Participation Agreement Number Three for Contract #APT62 (security Upgrades at the Key West International Airport), which increases the 100% funding , of the original -rant by an additional $446,952.00. VIEW Z=1 - C. BULK APPROVALS - CONTINUED S. Ratification of previously approved Design Services Agreement with NIBI/K2M for Customs Terminal Security Enhancements - Key West International Airport, Phase 2 and 3. VIEW 9. Approval of a Renewal Agreement with Jayne's Cleaning Services to provide Janitorial Services at the Key West International Airport. VIEW 10, Approval of various reSOILItIOIlS for the transfer of funds and resolutions for the receipt of Unanticipated revenue. VIEW II. Approval of a Hosted Application Service and License Agreement, Arnendinent'i-I to Contract 210001270 with Sarasota County as the service provider to GovNIax 5.0 budget software and manage a ticket tracker system for customer support. VIEW 17. Approval of Amendment to Agreement with Upper Keys Community Pool, Inc. d/b,'a Jacob's Aquatic Center of Key Largo to provide annual funding for operation of the pool and related facilities at the Key Largo ('01111111-1111tv" Park. 13. Approval of Sixth Amendment to Contract with The Florida Keys Society for Prevention of Crueltv, to Animals, Inc. (SPCA) for a CPI adjustment for operation of the Key West Animal Shelter, \'IEW 14, Approval of Lease Agreement with The Utility Board of the City of Key West, Florida, for the Bitz Pine Key Animal Control Facility. VIFW 15. Approval to renew the contract with Barnes Alarms, Inc. for fire and panic alarm system annual certification, maintenance and monitoring, VIEW I o. Approval to renew the contract with G &-, K Uniform Services for the Division of Public Works uniform sere. ices, VIEW 7 Approval for 1st Renewal Agreement with U. S. Water Services Corporation for the operation and maintenance of wastewater treatment plant for the Marathon Government ('enter, N10111-0e COLIMV, \'IEtk' 18Approval of an Agreement between Sugarloaf key \"OlLinteer Fire Department, Inc \DV —'okf] A I U%fl:% 1 1,Cd"�,20 it, NI )A",,201 1 �Ioi fitmIsj,' 2fy[' Amendment 001 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. MGM= 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. IN WITNESS WHEREOF, the parties hereto have caused this 1-page amendment to be executed by their undersigned officials as duly authorized. 121-1-101MMA Monroe County Board of Commissioners. SIGNED BY: SIGNED BY: NAME: NAME: TITLE: TITLE: DATE: DATE: PEDRO lf. ALLIANCE FOR AGING, INC. Max B. Rothman, JD, LL.M. President & CEO Item C3 Board granted approval of Amendment 002 to Contract US-1251 between the`', Board of County Commissioners and the Alliance for Aging, Inc., which increases the reimbursement rate per meal to $.753786755 and increases the contract amount to $36.133.52. Item C4 Standard Contract, Older Americans Act (OAA) contract #AA-1329 between the Alliance for Aging, Inc, AAA and Monroe County Board of County Commissioners, Social Services. Item C5 Board granted approval of Amendment to Agreement between the Board of County Commissioners and GA Food Service, Inc., which renews the Agreement for another year at a price of $3.56 per meal and provides an updated Supply List. Item C6 Board granted approval of a Memorandum of Agreement with the City of Miami dated March 26, 2012 concerning a United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida, Division of Emergency Management (FDEM) sub -grant Agreement # 12DS-22-11-23-02-236 in the amount of $176,743.72 with no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C7 Board granted approval of a Florida Division of Emergency Management (FDEM) Award Letter for delivery of training in the amount of $35,500.00, no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C8 Board granted approval of a Florida Division of Emergency Management (FDEM) Federally -Funded Subgrant Agreement for delivery of training in the amount of $35,500.00, no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item CIO Board granted approval to donate four (4) pieces of equipment purchased by Monroe County, which are currently in the possession of Mariners Hospital, to Mariners Hospital thusly removing assets from the Monroe County inventory. These items are now eighteen (18) to twenty (20) years old and have no appreciable value. Item C 13 Board granted approval to execute the second option to renew the contract with U.S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Plantation Key Government Center, Monroe County. Item C 14 Board granted approval of Amendment to Lease Agreement with the Pigeon Key Preservation Foundation to waive and exempt the requirement for maintaining Wind. Flood and Fire Property Insurance on the County owned buildings on the lease hold. Item C15 Board granted approval of the 2nd lease renewal option between MW & X LLC and Monroe County Board of County Commissioner to provide the premises at 3134 Northside Drive. Key West to be used by the Health Department as a clinic. 01/16f2013 Page BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1/16113-1/17113 Division: —CAD Bulk Item: Yes —X® No — Department: _Social Services' Nutrition Staff Contact Person/Phone #: -Ellen Caron 292-4522 AGENDA ITEM WORDING: Request approval of Amendment 002 to Contract U S- 1251 between the Board of County Commissioners and the Alliance for Aging, Inc., which increases the reimbursement rate per meal to .753786755and increases the contract amount to $36,133.52. ITEM BACKGROUND: This contract allows for reimbursement to the County for congregate and home delivered meals provided to clients of the Nutrition Program. As stated on Page I of the contract, the total amount and the reimbursement rate are subject to change based upon the official funding allocation and unit reimbursement rate published by the Department of Elder Affairs. PREVIOUS RELEVANT BOCC ACTION: Approval of Amendment 001 to Contract US-1251 approved by the BOCC on 8/15/12, which decreased the contract amount by $849.62 CONTRACT/AGREEMENT CHANGES: �R The reimbursement rate increases to .753786755hand the contract amount increases to $36, 133.52. ccvt� STAFF RECOMMENDATIONS: Approval as this amendment increases the reimbursement to the County. TOTAL COST: $36,133.52-tNDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $0 SOURCE OF FUNDS: Older Americans Act - USDA REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year �i APPROVED BY: County Att?' OMB/Purchasing Risk Managemenel-4- DOCUMENTATION: Included x Not Required DISPOSITION: Revised 1/09 AGENDA ITEM # Amendment 002 CONTRACT US- 1251 Page I THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and :Monroe County Board of Commissioners. F111•141111 mureabe Me rate from De made based on availability of • 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. IN WITNESS WHEREOF, the parties hereto have caused this 1-page amendment to be executed by their undersigned officials as duly authorized. roe County Board of Commissioners. ALLIANCE FOR AGING, INC. NAME: George R. Neugent NAME: Max B. Rothman, JD, LL.M. TITLE: Mayor TITLE: DATE: January 16, 2013 DATE: W CLERX4 0 OaV President & CEO Contract Number US-1251 NUTRITION SERVICES INCENTIVE PROGRAM 2011-2012 • THIS CONTRACT is enterea into •' the Alliance for Aging, hereinafter '• to as the "Allianceand Monroe • 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. �Zmlnol 214 V L"W—*1 a 11L*15 P Contract Number US-1 251 B. Obligation to Pay: The Alliance's performance and obligation to pay under this contract i contingent upon an annual appropriation by the Legislature and pass through the Department of Elder Affairs. I 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 I Year Funding I CFDA# I I Fund Amounts Source I Nutrition Services 2011- 2019 OAA 93-053 $29,787.00 Incentive Program 1 TOTAL FUNDS CONTAINED IN THIS CONTRACT: $29,787.00 111. 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 1, 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 III.B. and Section 11I.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 %liami, FL 33156 Contract Number US-1251 I kfms # • ## 2. The name, address, and telephone number of the representative 0 the recipient responsible for administration of the program under thl, contact 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-1 251 RECIPIENT: MONROE COUNTY BOARD OF COMMISSIONERS -Y W F."ill I a- P01 :4 NA q 91 9NU-111 149"41 SIGNED BY: NAME: David P. Rice TITLE: Mayor U1111114 SIGNED BY: Max B. Rothrha-- D, WV"— NAME: 4 TITLE DATE: November 16, 2011 DATE: 6, 717 l;iipf,rfyr MONAb r vEr>,A L PEDRO J. ASSIST President / CEO JAN12 3 2012 Contract Number US-1251 a 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. 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. 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 Eligible Congregate and Service Units Home Delivered Meals 1 unit = I meal O68 43,804 The prospective rate is based on the estimated OAA grant award. Contract Number US-1251 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: The request for reimbursement shall be submitted on DOEA For 117, Request for Reimbursement, USDA Cash -In -Lieu of Commodities. i 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 farms. 5. The due date for the request for reimbursement and report(s) shall be no later than the 10th 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. I . : - * 0 a •1111 0 a 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 1, Section III.A., then this contract shall be Z 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. 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.