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Item C20BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/17/21013 Bulk Item: Yes X No Division:— Deputy County Administrator Department: Social Services Staff Contact Person: Sheryl Graham (30 )292-4511 AGENDA ITEM WORDING: Request approval to rescind 8/15/2012 Board approved agenda item C-3, Amendment 9001 to Contract US-1251 between the Alliance For Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services/In Home and Nutrition programs). ITEM BACKGROUND: Board approved item is being rescinded due to never being fully executed by both parties (BOCC and AAA) prior to the contract's expiration date. Because Monroe County Social Services did deliver the agreed upon service, the AAA is replacing this Aredundant amendment with a Settlement Agreement, and reimbursing the expenses as agreed upon. PREVIOUS RELEVANT BOCC ACTION: Prior approval of US-1251 NSIP Contract (bulk item F8) at November 2011 BOCC meeting. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval TOTAL COST: $0 INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: S 0 BUDGETED: Yes X No 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 # Revised 7'09 Contra C't Number US-1251 9(01 LN 111 1 • OVA THIS CONTRACT is enterea 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: 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: $29,787.00 111. 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 11I.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, President/CEO 760 W 107tr`Avenue, Suite 214 Miami, FL 33156 N Contract Number US-1251 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-page contract to be executed by their undersigned officials as duly authorized. RECIPIENT: K01 & I A I MI Lei hi I q •h 1 (1 BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: NAME: David P. Rice TITLE: Mayor DATE: November 16, 2011 Date ALLIANCE FOR AGING, INC. SIGNED BY:-., `�`m. M6-X—B. Rothrh'ai ► �-D-, U�-IT- NAME: TITLE: President / CEO DATE: JAN 2 3 2012 ,Z/' 4 Contract Number US-1251 ATTACHMENT I 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 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. 111. 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 = I meat 0.68 43,804 i Contract Number US-1251 B. All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and Client Information Registration an Tracking System (CIRTS) policy regarding data entry for reimbursab meals. All requests for reimbursement shall include: I 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. ACIRTS 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: 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 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.