Backup Documents 11/08/2011 Item #16D 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6D 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Ashlee Franco, Accting. Supervisor HHVS 0.tS0 11/18/11
2. Jeff Klatzkow, County Attorney County Attorney's Office, 8th Fl. 11/18/11
2. Ian Mitchell,Executive Manager Board of County Commissioners, 3rd Fl. ./b■ tl''Lt 1 tI
3. Clerk of Courts Minutes and Records Dept., 4th Fl.
4. Ashlee Franco, Accting. Supervisor HHVS (Please do not send inter-office)
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell needs to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Ashlee Franco/Housing,Human and Phone Number 252-2689
Contact Veteran Services ,_
Agenda Date Item was November 8,2011 Agenda Item Number 16D 4(Item#)OAA
Approved by the BCC Sstensien M,condnttink
Type of Document Contract Agreement Number of 3 Agreements (4
Attached Stamp of Chairman's signature Documents Attached stamps on each, 12
needed on each copy total)
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency.(All documents to be AF
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's AF N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the AF
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AF
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip AF
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. The document was approved by the BCC on 11/8/2011(enter date)and all changes AF N/A
made during the meeting have been incorporated in the attached document.The
County Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
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MEMORANDUM
Date: November 21, 2011
To: Ashley Franco
Housing, Human and Veteran Services
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Contract Agreement w/Senior Choices of Southwest Florida
OAA 203.11.001/Amendment 001
Attached for your records are three (3) originals of the document referenced above
(Item #16D4) approved by the Collier County Board of County Commissioners on
Tuesday, November 8, 2011.
Please forward on for additional signatures and return a Fully Executed
Original to the Minutes & Records Department to be kept in the Board's
Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
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AMENDMENT 001 OAA 203.11.001
This AMENDMENT,entered into by Area Agency on Aging for Southwest Florida, Inc. dba Senior Choices of Southwest
Florida(Agency)and Collier County Board of County Commissioners, (Contractor),amends Contract OAA 203.11.
The purpose of this amendment is for change allocations in funding for OA3B, Cl, C2,and 3E for Collier County from
$934,162.00 to$919,000.00 and to accomplish the following:(1)amend the Standard Contract;(2)amend the Index to
Contract Attachments;(3)amend Attachment I; (4)amend Attachment III, Exhibit I; (5)amend Attachment VII Budget
Summary,and(6)amend Attachment IX, Contract Report Calendar; (7)introduce Attachment G, Background Screening
Affidavit of Compliance; (8) introduce Attachment H, Certification Regarding Scrutinized Companies Lists; (9) introduce
Attachment J, Verification of Employment Status Certification; and(10)name change of the Agency from Area Agency on
Aging for Southwest Florida, Inc. to Senior Choices of Southwest Florida.
This amendment shall be effective October 5, 2011.
The purpose of this amendment is to amend the following contract sections(Paragraphs and Attachments):
STANDARD CONT A .T:
Revise and replace the Standard Contract with an updated version which has modified the contract in general and in
particular incorporates the following changes,and renumbers all affected paragraphs accordingly:
(1) Amend sections 6.1 and 6.1.1; (15) Amend section 21;
(2) Amend sections 6.1.4 through 6.1.6; (16) Amend section 23.2;
(3) Introduce sections 6.4, 6.5,and 6.6; (17) Amend sections 26 and 27;
(4) Amend sections 7.1 through 7.2.4; (18) Amend sections 30 and 31;
(5) Amend section 7.5; (19) Amend sections 32.1 and 32.2
(6) Introduce section 7.6; (20) Introduce section 32.3;
(7) Amend sections 10.1 and 10.2; (21) Amend section 33 and 33.1
(8) Amend section 10.4; (22) Introduce section 33.2;
(9) Amend sections 10.6 and 10.7; (23) Amend section 42;
(10) Amend section 11.2 and 11.3; (24) Amend sections 44 and 46;
(11) Amend section 13; (25) Amend section 51;
(12) Amend section 15; (26) Amend section 52; and closing paragraph
(13) Amend sections 16.1 and 16.2; (27) Amend section 4.
(14) Amend section 19.2;
JNDEX TO CONTRACT ATTACHMENTS
Revise and replace the Index to Contract Attachments.
ATTACi MENT I:
Amend Attachment Ito incorporate the following changes,and renumbers all affected sections accordingly:
(1) Delete section 1.2.1; (6) Amend section 2.7.3 and add subsection
(2) Amend section 1.3.1; enumeration 2.7.3.1;
(3) Amend section 2.1.4; (7) Amend section 2.9.2; and
(4) Amend section 2.1.5.1 to add enumeration; (8) Introduce section 2.5.8.
(5) Amend sections 2.3.2 through 2.3.9;
CONTRACT ATTACHMENTS:
(1) Revise and replace Attachment III, Exhibit I;
(2) Revise and replace Attachment VII Budget Summary;and
(3) Revise and replace Attachment IX, Contract Report Calendar.
(4) Introduce Attachment G, Background Screening Affidavit of Compliance.
Line denotes completion of above
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AMENDMENT 001 OAA 203.11.001
STANDARD CONTRACT:
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The Standard Contract is hereby replaced with the revised Standard Contract and attached hereto.
JNDFX TO CONTRACT ATTACHMENTS
The Index to Contract Attachments is hereby replaced with the revised Index to Contract Attachments and attached
hereto.
ATTACHMENT I.STATEMENT OF WORT{(1)
Section 1.2.1 is hereby deleted.
(2) Section 1.3.1 is hereby amended to read as follows:
1.3.1 General Statement
The Older Americans Act (OAA) Program is a federal program initiative that provides assistance to older
persons and caregivers and is the only federal supportive services program directed solely toward improving the lives
of older people. The program provides a framework for a partnership among the different levels of government and
the public and private sectors with a common objective, improving the quality of life for all older individuals by
helping them to remain independent and productive. The primary purpose of the OAA program is to foster the
development and implementation of comprehensive and coordinated systems to serve older individuals. The OAA
program uses these systems to assist older individuals to attain and maintain maximum independence and dignity in
a home environment and allows for the capability of self-care with appropriate supportive services.
(3) Section 2.1.4 is hereby amended to read as follows:
2.1.4 Use of Volunteers to Expand the Provision of Available Services
The Contractor shall make use of trained volunteers in providing direct services delivered to older individuals and
individuals with disabilities needing such services. If possible, the Contractor shall work in coordination with
organizations that have experience in providing training, placement, and stipends for volunteers or
participants (such as organizations carrying out federal service programs administered by the Corporation for
National and Community Service), in community service settings. The Contractor shall provide a quarterly
report of volunteer activities and services in a format provided by the Agency.
(4) Section 2.1.5.1 is hereby amended to read as follows:
2.1.5.1 Use of Subcontractors
(1) If this contract involves the use of a subcontractor or third party, then the Contractor shall not delay the
implementation of its agreement with the subcontractor. If any circumstances occur that may result in a
delay for a period of 60 days or more of the initiation of the subcontract or in the performance of the
subcontractor, the Contractor shall notify the Senior Choices of Southwest Florida's Director
of Finance in writing of such delay.
(2) The Contractor shall not permit a subcontractor to perform services related to this agreement without
having a binding subcontractor agreement executed. In accordance with section 24.1 of the Standard
Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such
action.
(5) Sections 2.3.2 through 2.3.9 are hereby amended to read as follows:
2.3.2 Contractors and subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations shall have written property management standards in compliance with 2 CFR Part 215
Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements
identified in 2 CFR Part 215; (b) a procedure for conducting a physical inventory of equipment at least once every
two years; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment;
2
AMENDMENT 001 OAA 203.11.001
16134
and (d)maintenance procedures to keep the equipment in good condition. The property records must
be maintained on file and shall be provided to the Agency upon request. The Contractor shall promptly
investigate, fully document and notify Senior Choices of Southwest Florida's Director of
Finance of any loss, damage, or theft of equipment. The Contractor shall provide the results of the
investigation to Senior Choices of Southwest Florida's Director of Finance.
2.3.3 The Contractor's property management standards for equipment acquired with federal funds and federally owned
equipment shall include accurately maintained equipment records with the following information:
(1) A description of the equipment;
(2) Manufacturer's serial number, model number, federal stock number, national stock number, or other
identification number;
(3) Source of the equipment, including the award number;
(4) Whether title vests in the Contractor or the federal government;
(5) Acquisition date(or date received, if the equipment was furnished by the federal government)and cost;
(6) Information from which one can calculate the percentage of federal participation in the cost of the
equipment(not applicable to equipment furnished by the federal government);
(7) Location and condition of the equipment and the date the information was reported;
(8) Unit acquisition cost;and
(9) Ultimate disposition data, including date of disposal and sales price or the method used to determine
current fair market value where a contractor compensates the federal awarding agency for its share.
2.3.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with
state funds with an acquisition cost over $1,000.00 that is specifically identified in the area plan approved by the
Agency is part of the cost of carrying out the activities and functions of the grant awards and title
(ownership) will vest in the Contractor, subject to the conditions of 2 CFR Part 215 Administrative
Requirements (formerly OMB Circular A-110), Subpart C, paragraph 34. Equipment purchased under these
thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds
identified in the budget attachments to agreements covered by this contract or identified in the sub-agreements
with subcontractors (not included in a cost methodology), is subject to the conditions of section 273, F. S. and
60A-1.0017, F. A. C. or Title 45 CFR Part 74.
2.3.5 The Contractor shall not dispose of any equipment or materials provided by the Agency or purchased with funds
provided through this contract, without first obtaining the approval Senior Choices of Southwest
Florida's Director of Finance. When disposing of property or equipment the Contractor must submit a
written request for disposition instructions to Senior Choices of Southwest Florida's Director of
Finance. The request should include a brief description of the property, purchase price, funding source,
percentage of state or federal participation, acquisition date and condition of the property. The request should
also indicate the Contractor's proposed disposition (e.g., transfer or donation to another agency that administers
federal programs,offer the items for sale,destroy the items).
2.3.6 Senior Choices of Southwest Florida's Director of Finance will issue disposition instructions. If
disposition instructions are not received within 120 days of the written request for disposition,the Contractor is
authorized to proceed as directed in 2 CFR Part 215 Administrative Requirements(formerly OMB Circular A-
110).
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16134
AMENDMENT 001 OAA 203.11.001
2.3.7 Real property means land (including land improvements), buildings, structures and appurtenances thereto, but
excludes movable machinery and equipment. Real property may not be purchased with state or federal funds
through agreements covered under this contract without the prior approval of the Agency. Real property
purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III,
Part A., Sec. 3030b United States Code. Real property purchases from state funds can only be made through
fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of section 216.348,
F. S.
2.3.8 Any permanent storage devices(e.g., hard drives and removable storage media) must be reformatted and tested
prior to disposal to ensure no confidential information remains.
2.3.9 The Contractor must adhere to the Agency's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference. An ITR
worksheet is required for any computer related item costing $1,000.00 or more, including data processing
hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR
worksheet shall be maintained in the LAN administrator's file and must be provided to the Agency upon request.
The Contractor has the responsibility to require any subcontractors to comply with the Agency's ITR
procedures.
(6) Section 2.7.4 is hereby amended with the addition of subsection enumeration 2.7.4.1 to read as follows:
2.7.3 Remedies-Nonconforming Services
The Contractor shall ensure that all participants served under this agreement are eligible for the program, and
that all monthly and/or quarterly performance reports and financial records are maintained for each reporting
period and submitted as stipulated in Paragraphs 1.4- 1.4.2 and 2.1 -2.1.6 and 2.5-2.5.8.
2.7.3.1 Any nonconforming program services, performance reports or financial records not meeting the aforementioned
requirements shall not be eligible for reimbursement under this program. The costs associated with enrolling,
training, reporting and/or managing the program shall be borne solely by the Contractor. The Agency requires
immediate notice of any significant and/or systemic infractions that compromise the Contractor's ability to
provide participant services, to achieve programmatic performance or to provide sound financial management
of the program.
(7) Section 2.9.2 is hereby amended to read as follows:
2.9.2 Program/Contract Monitoring
The Agency will review and evaluate the performance of the Contractor under the terms of this contract.
Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing,or an on-
site visit. The Agency's determination of acceptable performance shall be conclusive. The Contractor agrees to
cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The
Agency may use, but is not limited to,one or more of the following methods for monitoring:
(1) Desk reviews and analytical reviews;
(2) Scheduled,unscheduled and follow-up on-site visits;
(3) Client visits;
(4) Review of independent auditor's reports;
(5) Review of third-party documents and/or evaluation;
(6) Review of progress reports;
(7) Review of customer satisfaction surveys;
(8) Agreed-upon procedures review by an external auditor or consultant;
4
AMENDMENT 001 OAA 203.11.001
(9) Limited-scope reviews;and 16
(10) Other procedures as deemed necessary. D 4
(8) Introduce section 2.5.8 to read as follows:
2.5.8 Background Screening Affidavit of Compliance
To demonstrate compliance with section 8 of the Standard Contract,the Contractor shall submit
ATTACHMENT G, Background Screening Affidavit of Compliance annually,by January 15`h
CONTRACT ATTACHMENTS:
(1) Attachment III, Exhibit I is hereby replaced with the revised Attachment III, Exhibit I and attached hereto.
(2) Attachment VII Budget Summary is hereby replaced with the revised Attachment VII Budget Summary and
attached hereto.
(3) Attachment IX Contract Report Calendar is hereby replaced with the revised Attachment IX, Contract Report
Calendar and attached hereto.
(4) Attachment G, Background Screening Affidavit of Compliance is hereby introduced and attached hereto.
This amendment shall be effective on the last date that the amendment has been signed by both Parties.
All provisions in the agreement and any attachments thereto in conflict with this amendment shall be and are hereby
changed to conform to 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
agreement.
This amendment and all of its attachments are hereby made a part of this agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this 25 page amendment to be executed by their
officials there unto duly authorized.
Contractor: COLLIER COUNTY BOARD OF SENIOR CHOICES OF SOUTHWEST
COUNTY COMMISSIONERS FLORIDA(A.). C0-‘atz,
SIGNED BY: SIGNED BY:
NAME: Fred W. Coyle NAME: LEIGH ANNA NOWAK
TITLE: Chairman TITLE: BOARD PRESIDENT
DATE: 11/8/11 DATE:
Fe4aratT p: 59-6000558
iscal'Yeareti\ding Date: 09/30
ATTEST: " Ap• -• • = . • m and legal sufficiency:
DW E.BROCK,CLERK �„k.
Jeff. • latzkow
Coun y • tomey
Deputy.Cler1t. 5
•A.t.-t• at CO Citalrola 4
ii;nature C.Jl i 4
Amendment 001 OAA 203.11.001 1 L D 4
AREA AGENCY FOR SOUTHWEST FLORIDA INC. dba
SENIOR CHOICES OF SOUTHWEST FLORIDA
STANDARD CONTRACT
OLDER AMERICANS ACT PROGRAM TITLE III
THIS CONTRACT is entered into between Area Agency on Aging for Southwest Florida, Inc. dba Senior Choices of
Southwest Florida(Agency)and Collier County Board of County Commissioners (Contractor) and collectively referred to
as the "Parties." The term contractor for this purpose may designate a vendor, subgrantee or subrecipient,the status to be
further identified in ATTACHMENT III,Exhibit-2 as necessary.
WITNESSETH THAT:
WHEREAS,the Agency has determined that it is in need of certain services as described herein;and
WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such
services as an independent contractor of the Agency.
NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the
mutual covenants and conditions hereinafter set forth,the Parties agree as follows:
1. Purpose of Contract
The purpose of this contract is to provide services in accordance with the terms and conditions specified in this
contract including all attachments and exhibits,which constitute the contract document.
2. jncorporation of Documents within the Contract
The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department
and/or Agency handbooks, manuals or desk books, as an integral part of the contract, except to the extent that
the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents
referenced above, the specific provisions and requirements of the contract document(s) shall prevail over
inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and
identified attachments.
3. Term of Contract
This contract shall begin on January 1, 2011 or on the date on which the contract has been signed by the last
party required to sign it, whichever is later. It shall end at midnight, local time in Tallahassee, Florida, on
December 31,2011.
4. Contract Amount
The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an
amount not to exceed $919,000.00, or the rate schedule, subject to the availability of funds. Any costs or
services paid for under any other contract or from any other source are not eligible for payment under this
contract.
5. Renewals
By mutual agreement of the Parties, in accordance with s. 287.058(1)(f), F.S., the Agency may renew the contract
for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal
price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for
the renewal may be charged. Any renewal is subject to the same terms and conditions as the original
contract and contingent upon satisfactory performance evaluations by the Agency and the availability of
funds.
6. Compliance with Federal Law
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Amendment 001 OAA 203.11.0. 6 D 4
6.1 If this contract contains federal funds this section shall apply.
6.1.1 The Contractor shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable
regulations.
6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all
applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C.
7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.),
Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40
CFR 30. The Contractor shall report any violations of the above to the Agency.
6.1.3 The Contractor or agent acting for the Contractor, may not use any federal funds received in connection with
this contract to influence legislation or appropriations pending before the Congress or any state legislature.
If this contract contains federal funding in excess of $100,000.00, the Contractor must, prior to contract
execution, complete the Certification Regarding Lobbying form, ATTACHMENT II. All disclosure forms
as required by the Certification Regarding Lobbying form must be completed and returned to the Senior
Choices of Southwest Florida's Director of Finance prior to payment under this contract.
6.1.4 In accordance with Appendix A to 2 CFR 215, the Contractor shall comply with Executive Order 11246,
Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as
supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable.
6.1.5 If this contract contains federal funds and provides services to children up to age 18, the Contractor shall
comply with the Pro-Children Act of 1994(20 U.S.C.6081).
6.1.6 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards
will not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and
Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549. The Contractor shall comply with these provisions before doing business
or entering into subcontracts receiving federal funds pursuant to this contract. The Contractor shall
complete and sign ATTACHMENT V prior to the execution of this contract.
6.2 The Contractor shall not employ an unauthorized alien. The Agency will consider the employment of
unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324a) and the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1101). Such violation will be cause for unilateral cancellation of
this contract by the Agency.
6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt
organization reporting requirements(filing a Form 990 or Form 990-N) and has its tax exempt status revoked for
failing to comply with the filing requirements of the 2006 Pension Protection Act or for any other reason, the
Contractor must notify the Agency in writing within thirty (30) days of receiving the IRS notice of
revocation.
6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons.
6.5 Unless exempt under 2 CFR Part 170.1 10(b),the Contractor shall comply with the reporting requirements of the
Transparency Act as expressed in 2 CFR 170.
7
Amendment 001 OAA 203.11.091 b D 4
6.6 To comply with the Executive order 12989, as amended, and Executive Order No.11-02, the Contractor agrees to
utilize the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the
employment eligibility of(1) all persons employed by the Contractor during the contract term to perform any
duties within Florida; and (2) all persons, including subcontractors, assigned by the contractor to perform work
pursuant to this contract. The Contractor shall also include a requirement in its subcontracts that the
subcontractor shall utilize the E-Verify system to verify the employment eligibility of all persons employed by
the subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System
are deemed to be in compliance with this provision. The Contractor shall complete and sign ATTACHMENT
J,Verification of Employment Status Certification, prior to the execution of this contract.
7. Compliance with State Law
7.1 This contract is executed and entered into in the State of Florida, and shall be construed, performed and
enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws.
7.2 The Contractor shall comply with requirements of s. 287.058, F.S. as amended.
7.2.1 The Contractor shall provide units of deliverables, including various client services, and in some instances
may include reports, findings, and drafts, as specified in this contract, which the Senior Choices of Southwest
Florida's Director of Finance must receive and accept in writing prior to payment in accordance with s.
215.971, F.S. (1)and(2).
7.2.2 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for
a proper pre-audit and post-audit.
7.2.3 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit bills for any
travel expenses in accordance with s. 112.061, F.S.,or at such lower rates as may be provided in this contract.
7.2.4 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in
subsection 119.011(12), F.S., made or received by the Contractor in conjunction with this contract except
for those records which are made confidential or exempt by law. The Contractor's refusal to comply
with this provision will constitute an immediate breach of contract for which the Agency may unilaterally
terminate the contract.
7.3 If clients are to be transported under this contract, the Contractor shall comply with the provisions of Chapter
427, F.S.,and Rule 41-2, F. A. C.
7.4 Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in
accordance with the provisions of s. 287.134, F.S.
7.5 The Contractor shall comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S., which prohibit the
expenditure of contract funds for the purpose of lobbying the legislature,judicial branch or a state agency.
7.6 In accordance with s. 287.135 F.S., any contractor on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List(Lists), created pursuant to s.
215.473 F.S., is ineligible to enter into or renew a contract with the Department for goods or services of
$1 million or more. Pursuant to s. 287.135 F.S., the Department may terminate this contract if the Contractor
is found to have submitted a false certification of its status on the Lists or has been placed on the Lists. Further, the
Contractor is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the
finding of false certification. If this contract contains $1 million or more, the Contractor shall complete and sign
ATTACHMENT H, Certification Regarding Scrutinized Companies Lists, prior to the execution of this
contract.
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Amendment 001 OAA 203.11.001
8. background Screening
The Contractor shall ensure that, prior to providing services, all persons having access to vulnerable elders and
children, their living area, funds or personal property, or protected health information pertaining to such
individuals, will pass a Level II criminal background screening in accordance with the requirements of s.
430.0402 and ch. 435, F.S., as amended. These provisions apply to employees, subcontractors, consultants,
direct service providers and volunteers. Consequently, any commitment for employment, purchase of services,
or volunteer program participation will be contingent upon the passing of a Level II background check. The
background screening will include employment history checks as provided in s. 435.03(1), F.S., and both local
and national criminal record checks coordinated through law enforcement agencies.
8.1 For purposes of this section, the term "direct service provider" means a person 18 years of age or older who,
pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while
providing services to the client or has access to the client's living areas or to the client's funds or personal
property. This term includes coordinators,managers,and supervisors of residential facilities and volunteers.
9. Grievance Procedureg
The Contractor shall develop, implement, and ensure that its subcontractors have established grievance
procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints
regarding the termination, suspension or reduction of services, as required for receipt of funds. These
procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of
the subcontractor's determination(s).
10. - i• I ' 1 • 4.11 ' I M A 1 I I • ; I I , S , ; . . I '1 1
10.1 The Contractor shall establish and maintain books, records and documents(including electronic storage media)
sufficient to reflect all assets, obligations, unobligated balances, income, interest and expenditures of funds
provided by the Agency under this contract. Contractor shall adequately safeguard all such assets and assure
they are used solely for the purposes authorized under this contract. Whenever appropriate, financial
information should be related to performance and unit cost data.
10.2 The Contractor shall retain all client records, financial records, supporting documents, statistical records, and any
other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after
completion of the contract or longer when required by law. In the event an audit is required by this contract,
records shall be retained for a minimum period of six (6)years after the audit report is issued or until resolution
of any audit findings or litigation based on the terms of this contract,at no additional cost to the Agency.
10.3 Upon demand, at no additional cost to the Agency,the Contractor shall facilitate the duplication and transfer
of any records or documents during the required retention period in this section 10.2.
10.4 The Contractor shall assure that the records described in this section 10 will be subject at all reasonable times
to inspection,review,copying,or audit by federal, state,or other personnel duly authorized by the Agency.
10.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Agency and
federal auditors, pursuant to 45 CFR 92.36(i)(10), will be allowed full access to and the right to examine any
of the Contractor's contracts and related records and documents pertinent to this specific contract, regardless
of the form in which kept.
10.6 The Contractor shall provide a financial and compliance audit to the Agency as specified in this contract and in
ATTACHMENT III and ensure that all related third-party transactions are disclosed to the auditor.
10.7 The Contractor shall comply and cooperate immediately with any inspections, reviews, investigations, or
audits deemed necessary by the office of the Inspector General pursuant to s. 20.055, F.S.
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Amendment 001 OAA 203.l 1.0011 6 D 4
11. Nondiscrimination-CivillZigh nc
ompliae .L 6
11.1 The Contractor shall execute assurances in ATTACHMENT VI that it will not discriminate against any
person in the provision of services or benefits under this contract or in employment because of age, race,
religion, color, disability, national origin, marital status or sex in compliance with state and federal law and
regulations. The Contractor further assures that all contractors, subcontractors, subgrantees, or others with
whom it arranges to provide services or benefits in connection with any of its programs and activities are not
discriminating against clients or employees because of age, race, religion, color, disability, national origin,
marital status or sex.
11.2 During the term of this contract,the Contractor shall complete and retain on file a timely, complete and accurate
Civil Rights Compliance Checklist(ATTACHMENT B).
11.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of
discrimination involving services or benefits through this contract. These procedures will include notifying
clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity.
11.4 If this contract contains federal funds,these assurances are a condition of continued receipt of or benefit from
federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for
the period during which such assistance is provided. The Contractor further assures that all subcontractors,
vendors, or others with whom it arranges to provide services or benefits to participants or employees in
connection with any of its programs and activities are not discriminating against those participants or
employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to
comply, the Contractor understands that the Agency may, at its discretion, seek a court order requiring
compliance with the terms of this assurance or seek other appropriate judicial or administrative relief,
including but not limited to, termination of and denial of further assistance.
12. Provision of Services
The Contractor shall provide services in the manner described in ATTACHMENT I.
13. Monitoring b, the gencv
The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers,
documents, facilities, goods and services of the Contractor which are relevant to this contract, and to interview
any clients, employees and subcontractor employees of the Contractor to assure the Agency of the
satisfactory performance of the terms and conditions of this contract. Following such review, the Agency will
provide a written report of its findings to the Contractor, and where appropriate, the Contractor shall develop a
corrective action plan. The Contractor hereby agrees to correct all deficiencies identified in the corrective
action plan in a timely manner as determined by the Senior Choices of Southwest Florida's Director of Finance.
14. Coordinated Monitoring with Other Agencies
If the Contractor receives funding from one or more of the State of Florida other human service agencies, in
addition to Senior Choices of Southwest Florida, then a joint monitoring visit including such other agencies may
be scheduled. For the purposes of this contract, and pursuant to s. 287.0575, F.S. as amended, Florida's
human service agencies shall include the Department of Children and Families, the Department of Health, the
Agency for Persons with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs.
Upon notification and the subsequent scheduling of such a visit by the designated agency's lead
administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, and/or
investigators.
15. Indimaificatim
The Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and employees
from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or
10
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Amendment 001 OAA 203.11.001
by reason of the execution of this agreement or performance of the services provided for herein. It is
understood and agreed that the Contractor is not required to indemnify the Agency for claims, demands,
actions or causes of action arising solely out of the Agency's negligence.
15.1 Except to the extent permitted by s. 768.28, F.S., or other Florida law, this section 15 is not applicable
to contracts executed between the Agency and state agencies or subdivisions defined in s. 768.28(2), F.S.
16. Insurance and Bonding
16.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of
this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state
agency or subdivision as defined by subsection 768.28(2), F.S., the Contractor accepts full responsibility for
identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable
financial protections for the Contractor and the clients to be served under this contract. The limits of
coverage under each policy maintained by the Contractor do not limit the Contractor's liability and
obligations under this contract. The Contractor shall ensure that the Agency has the most current written
verification of insurance coverage throughout the term of this contract. Such coverage may be provided by
a self-insurance program established and operating under the laws of the State of Florida. The Agency
reserves the right to require additional insurance as specified in this contract.
16.2 Throughout the term of this agreement, the Contractor shall maintain an insurance bond from a responsible
commercial insurance company covering all officers, directors, employees and agents of the
Contractor authorized to handle funds received or disbursed under all agreements and/or contracts
incorporating this contract by reference in an amount commensurate with the funds handled, the degree of
risk as determined by the insurance company and consistent with good business practices.
17. Confidentiali;of Information
The Contractor shall not use or disclose any information concerning a recipient of services under this contract
for any purpose prohibited by state or federal law or regulations except with the written consent of a person
legally authorized to give that consent or when authorized by law.
18. Health Insurance Portability and Accountability Act
Where applicable,the Contractor shall comply with the Health Insurance Portability and Accountability Act(42
USC 1320d.),as well as all regulations promulgated thereunder(45 CFR 160, 162,and 164).
19. Incident Reporting
19.1 The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from the
Contractor's awareness or discovery of conditions that may materially affect the Contractor or subcontractor's
ability to perform the services required to be performed under this contract. Such notice shall be made orally to
the Senior Choices of Southwest Florida's Director of Finance (by telephone) with an email to immediately
follow.
19.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number
(1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Contractor
and its employees.
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Amendment 001 OAA 203.11.001
20. New Contract(g)Reporting
The Contractor shall notify the Agency within ten (10) days of entering into a new contract with any of the
remaining four (4) state human service agencies. The notification shall include the following information: (1)
contracting state agency; (2) contract name and number; (3) contract start and end dates; (4) contract amount; (5)
contract description and commodity or service; and (6) Senior Choices of Southwest Florida's Director of
Finance name and number. In complying with this provision, and pursuant to s. 287.0575, F.S. as amended,
the Contractor shall complete and provide the information in ATTACHMENT D.
21. Bankruptcy Notification
During the term of this contract, the Contractor shall immediately notify Senior Choices of Southwest Florida if
the Contractor, its assignees, subcontractors or affiliates file a claim for bankruptcy. Within ten (10) days
after notification, the Contractor must also provide the following information to Senior Choices of Southwest
Florida: (1) the date of filing of the bankruptcy petition; (2)the case number; (3)the court name and the division
in which the petition was filed (e.g., Florida Middle District, Lee County, Fort Myers, Florida); and (4) the
name, address, and telephone number of the bankruptcy attorney.
22. Sponsorship and Publicity
22.1 As required by s. 286.25, F.S., if the Contractor is a non-governmental organization which sponsors a
program financed wholly or in part by state funds, including any funds obtained through this contract, it shall,
in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's
name), Senior Choices of Southwest Florida, and the State of Florida, Department of Elder Affairs." If the
sponsorship reference is in written material, the words "Senior Choices of Southwest Florida and the State of
Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the
organization.
22.2 The Contractor shall not use the words "Senior Choices of Southwest Florida and The State of Florida,
Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific
authorization has been obtained by the Agency prior to use.
23. Assignments
23.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior
written approval of the Agency, which shall not be unreasonably withheld. Any sublicense, assignment, or
transfer otherwise occurring without prior written approval of the Agency will constitute a material breach
of the contract.
23.2 The State of Florida is at all times entitled to assign or transfer, in whole or part, its rights, duties, or
obligations under this contract to another governmental agency in the State of Florida, upon giving prior
written notice to the Contractor. In the event the State of Florida approves transfer of the Contractor's
obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection
with the contract.
23.3 This contract shall remain binding upon the successors in interest of either the Contractor or the Agency.
24. Subcotra_ts
24.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract,
whether actually furnished by the Contractor or its subcontractors. Any subcontracts shall be evidenced by a
written document and subject to any conditions of approval the Agency deems necessary. The Contractor
further agrees that the Agency will not be liable to the subcontractor in any way or for any reason. The
Contractor,at its expense,shall defend the Agency against any such claims.
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Amendment 001 OAA 203.11.001
24.2 The Contractor shall promptly pay any subcontractors upon receipt of payment from the Agency or other state
agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, F.S., unless otherwise
stated in the contract between the Contractor and subcontractor,will result in a penalty as provided by statute.
25. Independent Capacity of Contractor
It is the intent and understanding of the Parties that the Contractor, or any of its subcontractors, are independent
contractors and are not employees of the Agency and shall not hold themselves out as employees or agents of
the Agency without specific authorization from the Agency. It is the further intent and understanding of the
Parties that the Agency does not control the employment practices of the Contractor and will not be liable for any
wage and hour, employment discrimination, or other labor and employment claims against the Contractor or its
subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to
unemployment compensation funds and all necessary insurance for the Contractor are the sole responsibility of
the Contractor.
26. Payment
Payments shall be made to the Contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced
by the Contractor. Senior Choices of Southwest Florida's Director of Finance will have final approval of the
invoice for payment, and will approve the invoice for payment only if the Contractor has met all terms
and conditions of the contract, unless the bid specifications, purchase order, or this contract specify
otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval
and processing. Disputes arising over invoicing and payments will be resolved in accordance with the
provisions of s. 215.422 F.S. A Vendor Ombudsman has been established within the Department of Financial
Services and may be contacted at(850)413-5665.
27. Return of Funds
The Contractor shall return to the Agency any overpayments due to unearned funds or funds disallowed and
any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed
to the Contractor by the Agency. In the event that the Contractor or its independent auditor discovers that an
overpayment has been made, the Contractor shall repay said overpayment immediately without prior
notification from the Agency. In the event that the Agency first discovers an overpayment has been
made, the Senior Choices of Southwest Florida's Director of Finance will notify the Contractor in writing of
such findings. Should repayment not be made forthwith,the Contractor shall be charged at the lawful rate of
interest on the outstanding balance pursuant to s. 55.03, F.S., after Agency notification or Contractor
discovery.
28. Data Integrity and Safeguarding Info
The Contractor shall ensure an appropriate level of data security for the information the Contractor is
collecting or using in the performance of this contract. An appropriate level of security includes approving
and tracking all Contractor employees that request system or information access and ensuring that user access
has been removed from all terminated employees. The Contractor, among other requirements, must
anticipate and prepare for the loss of information processing capabilities. All data and software shall be
routinely backed up to ensure recovery from losses or outages of the computer system. The security over the
backed-up data is to be as stringent as the protection required of the primary systems. The Contractor shall
ensure all subcontractors maintain written procedures for computer system backup and recovery. The
Contractor shall complete and sign ATTACHMENT IV prior to the execution of this contract.
29. Computer Use and Social Media Policy,
The Department of Elder Affairs has implemented a new Social Media Policy, in addition to its Computer Use
Policy, which applies to all employees, contracted employees, consultants, OPS and volunteers, including all
personnel affiliated with third parties, such as, but not limited to, Area Agencies on Aging and vendors. Any
13
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Amendment 001 OAA 203.11.001
entity that uses the Department's computer resource systems must comply with the Department's policy
regarding social media. Social Media includes, but is not limited to blogs, podcasts, discussion forums, Wikis,
RSS feeds, video sharing, social networks like MySpace, Facebook and Twitter, as well as content sharing
networks such as flickr and YouTube (ATTACHMENT E).
30. Conflict of Interest
The Contractor shall establish safeguards to prohibit employees, board members, management and
subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain. No employee, officer or agent of the Contractor or
subcontractor shall participate in selection, or in the award of an agreement supported by state or federal funds if
a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee,
officer or agent;(b)any member of his/her immediate family; (c) his or her partner; or(d)an organization which
employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award.
The Contractor or subcontractor's officers,employees or agents will neither solicit nor accept gratuities,favors or
anything of monetary value from contractors, potential contractors, or parties to subcontracts. The Contractor's
board members and management must disclose to the Agency any relationship which may be, or may be
perceived to be, a conflict of interest within thirty (30) calendar days of an individual's original appointment or
placement in that position,or if the individual is serving as an incumbent,within thirty (30)calendar days of the
commencement of this contract. The Contractor's employees and subcontractors must make the same
disclosures described above to the Contractor's board of directors. Compliance with this provision will be
monitored.
31. Public Entity Crime
Pursuant to s. 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or
consultant under a contract with any public entity; and may not transact business with any public entity in excess
of the threshold amount provided in s. 287.017,F.S.,for CATEGORY TWO for a period of 36 months following
the date of being placed on the convicted vendor list.
32. Purc ing
32.1 The Contractor may purchase articles which are the subject of or are required to carry out this contract from
Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in
the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this
contract, the Contractor shall be deemed to be substituted for the Agency insofar as dealings with PRIDE. This
clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of
products/services available from PRIDE may be obtained by contacting PRIDE,(800)643-8459.
32.2 The Contractor may procure any recycled products or materials,which are the subject of or are required to carry
out this contract, in accordance with the provisions of s. 403.7065, F.S.
32.3 The Contractor may purchase articles that are the subject of, or required to carry out, this contract from a
nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, F.S., in
the same manner and under the same procedures set forth in s. 413.036(1) and (2), F.S. For purposes of this
contract, the Contractor shall be deemed to be substituted for the Agency insofar as dealings with such qualified
nonprofit agency are concerned. Additional information about the designated nonprofit agency and the
products it offers is available at http://www.respectofflorida.org. This clause is not applicable to subcontractors
unless otherwise required by law.
14
Amendment 001 OAA 203.11.001 i)
33. Patents. Copyrights.Royaltieg
If this contract is awarded state funding and if any discovery, invention or copyrightable material is
developed, produced or for which ownership was purchased in the course of or as a result of work or
services performed under this contract, the Contractor shall refer the discovery, invention or material to
the Agency to be referred to the Department of State. Any and all patent rights or copyrights accruing
under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant
to s. 287.0571 (5) (k) 1 and 2 as amended, the only exceptions to this provision shall be those that are
clearly expressed and reasonably valued in the contract.
33.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall
retain an unencumbered right to use such property,notwithstanding any agreement made pursuant to this
section 33.
33.2
If this contract is awarded solely federal funding,the terms and conditions are governed by 2 CFR 215.36.
34. Emergency Preparedness and Continuity of Operations
34.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or
the administration and coordination of services necessary for client health, safety or welfare, the Contractor
shall, within thirty (30) calendar days of the execution of this contract, submit to the Senior Choices of
Southwest Florida's Director of Finance verification of an emergency preparedness plan. In the event of an
emergency, the Contractor shall notify the Agency of emergency provisions.
34.2 In the event a situation results in a cessation of services by a subcontractor, the Contractor shall
retain responsibility for performance under this contract and must follow procedures to ensure continuity of
operations without interruption.
35. PUR 1000 Form
The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR
1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take
precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form
are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form
shall take precedence.
36. Use of State Funds to Purchase or Improve Real Property,
Any state funds provided for the purchase of or improvements to real property are contingent upon
the Contractor or political subdivision granting to the state a security interest in the property at least to the
amount of state funds provided for at least 5 years from the date of purchase or the completion of the
improvements or as further required by law.
37. Dispute Resolutiop
Any dispute concerning performance of the contract shall be decided by the Senior Choices of Southwest
Florida's Director of Finance,who shall reduce the decision to writing and serve a copy on the Contractor.
38. Financial Consequences of Non-Performance
If the Contractor fails to meet the minimum level of service or performance identified in this agreement, or that is
customary for the industry, then the Agency must apply financial consequences commensurate with the
deficiency. Financial consequences may include, but are not limited to, contract suspension, refusing payment,
withholding payments until deficiency is cured, tendering only partial payments, and/or cancellation of contract
and reacquiring services from an alternate source.
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Amendment 001 OAA 203.11.001
1 60 4
38.1 The Contractor will not be charged with financial consequences, when a failure to perform arises out of causes
that were the responsibility of the Agency.
39. No Waiver of Sovereigp Immunity
Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity
to which sovereign immunity may be applicable.
40. Venue
If any dispute arises out of this contract,the venue of such legal recourse will be Leon County, Florida.
41. Entire Contract
This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or
representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or
by a written amendment to this contract signed by both Parties.
42. Force Majeurc
The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control,
provided the party experiencing the force majeure condition provides immediate written notification to the other
party and takes all reasonable efforts to cure the condition.
43. $everability Clause
The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or
unenforceable the other provisions are severable to that void provision and shall remain in full force and effect.
44. Condition Precedent to Contract: Appropriations
The Parties agree that the Agency's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Legislature.
45. Addition/Deletion
The Parties agree that the Agency reserves the right to add or to delete any of the services required under this
contract when deemed to be in the State of Florida's best interest and reduced to a written amendment signed
by both Parties. The Parties shall negotiate compensation for any additional services added.
46. Waiver
The delay or failure by the Agency to exercise or enforce any of its rights under this contract will not
constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor will any single
or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other
right.
47. C211191iiillfat
The Contractor shall abide by all applicable current federal statutes, laws, rules and regulations as well as
applicable current state statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to
abide by these laws shall be deemed an event of default of the Contractor, and subject the contract to
immediate, unilateral cancellation of the contract at the discretion of the Agency.
48. Final Invoice
The Contractor shall submit the final invoice for payment to the Agency as specified in section 3.3.4. (date
for final request for payment) of ATTACHMENT I. If the Contractor fails to submit final request for
payment by the deadline, then all rights to payment may be forfeited and the Agency may 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 Contractor and necessary adjustments thereto have been
approved by the Agency.
16
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Amendment 001 OA 203.11.001 1 60 4
49. Renegotiations or Modifications
Modifications of the provisions of this contract shall be valid only when they have been reduced to writing
and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted
retroactively to reflect price level increases and changes in the rate of payment when these have been
established through the appropriations process and subsequently identified in the Agency's operating budget.
50. Termination
50.1 This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice
in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be
delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by
hand delivery to the Senior Choices of Southwest Florida's Director of Finance or the representative of the
Contractor responsible for administration of the contract.
50.2 In the event funds for payment pursuant to this contract become unavailable, the Agency may terminate this
contract upon no less than twenty-four (24) hours notice in writing to the Contractor. Said notice shall be
delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by
hand delivery to the Senior Choices of Southwest Florida's Director of Finance or the representative of the
Contractor responsible for administration of the contract. The Agency will be the final authority as to the
availability and adequacy of funds. In the event of termination of this contract,the Contractor will be compensated
for any work satisfactorily completed prior to the date of termination.
50.3 This contract may be terminated for cause upon no less than twenty-four (24) hours notice in writing to the
Contractor. If applicable, the Agency may employ the default provisions in Rule 60A-1.006(3), F.A.C.
Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and
shall not be construed to be a modification of the terms and conditions of this contract. The provisions herein do
not limit the Agency's or the Contractor's rights to remedies at law or in equity.
50.4 Failure to have performed any contractual obligations with the Agency in a manner satisfactory to the Agency
will be a sufficient cause for termination. To be terminated as a contractor under this provision, the contractor
must have (1) previously failed to satisfactorily perform in a contract with the Agency, been notified by the
Agency of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of
the Agency;or(2)had a contract terminated by the Agency for cause.
51. Official Payee and Representatives(Names,Addresses,and Telephone Numbers):
Collier County Housing.Human and Veteran Services.
The Contractor name,as shown on page 1 of this
3339 E Tamiami Trail,Building H
a. contract,and mailing address of the official payee to Naples,FL 34112
whom the payment shall be made is:
Kimberly Grant.Director
The name of the contact person and street address Collier County Housing,Human and Veteran Services.
b. where financial and administrative records are 3339 E Tamiami Trail,Building H
maintained is: Naples,FL 34112
(239)252-2273
Kimberly Grant,Director
The name,address,and telephone number of the Collier County Housing.Human and Veteran Services.
c'
representative of the Contractor responsible for
p p 3339 E Tamiami Trail,Building H
administration of the program under this contract is: Naples.FL 34112
(239)252-2273
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Amendment 001 OAA 203.11.001
The section and location within the Agency Senior Choices for Southwest Florida.
d. 15201 N Cleveland Ave.,Ste 1100
where Requests for Payment and Receipt and N Fort Myers.FL 33903
Expenditure forms are to be mailed is: (239)652-6900
Leigh W. Schield,Executive Director
Senior Choices for Southwest Florida.
e. The name,address,and telephone number of the 15201 N Cleveland Ave.,Ste 1100
Executive Director for this contract is: N Fort Myers,FL 33903
(239)652-6900
Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in
II
writing to the other party and the notification attached to the originals of this contract.
' I
52. All Terms and Conditions Included
This contract and its Attachments, I — X, A, B, D — J and any exhibits referenced in said attachments, together
with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties.
There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract
shall supersede all previous communications, representations or agreements, either written or verbal between the
Parties.
By signing this contract,the Parties agree that they have read and agree to the entire contract.
IN WITNESS THEREOF, the Parties hereto have caused this 48 page contract, to be executed by their undersigned
officials as duly authorized.
COLLIER COUNTY BOARD OF SENIOR CHOICES OF SOUTHWEST
Contractor: COUNTY COMMISSIONERS FLORIDA
SIGNED BY: no oignatu%e sequined SIGNED BY: no oignatune sequined
NAME: NAME: LEIGH ANNA NOWAK
TITLE: TITLE: BOARD PRESIDENT
DATE: no date sequined DATE: no date sequined
Federal Tax ID: 59-6000558
Fiscal Year Ending Date: 9/30
18
Amendment 001 OAA 203.11.001
INDEX TO
CONTRACT ATTACHMENTS 1 6 D 4
ATTACHMENT ATTACHMENT DESCRIPTION PAGE
ATTACHMENT I STATEMENT OF WORK 14-25
ATTACHMENT II CERTIFICATION REGARDING LOBBYING 26
ATTACHMENT III FINANCIAL COMPLIANCE AUDIT ATTACHMENT 27-31
ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR 32
AGREEMENTS, GRANTS, LOANS AND COOOPERATIVE AGREEMENTS
ATTACHMENT V CERTIFICATION REGARDING DEBARMENT,SUSPENSION, 33
INELIGIBILITY AND VOLUNTARY EXCLUSION
ATTACHMENT VI ASSURANCES–NON-CONSTRUCTION PROGRAMS 34-35
ATTACHMENT VII OLDER AMERICANS ACT BUDGET SUMMARY 36
ATTACHMENT VIII OLDER AMERICANS ACT RATE SUMMARY—IIIB, IIIE, Cl AND C2 37
ATTACHMENT IX CONTRACT REPORT CALENDAR 38
ATTACHMENT X REQUEST FOR PAYMENT 39
ATTACHMENT RECEIPTS AND EXPENDITURES,TITLE IIIB, IIIC 1,AND IIIC2 40
X, EXHIBIT 1
ATTACHMENT RECEIPTS AND EXPENDITURES,TITLE IIIE 41
X, EXHIBIT 2
ATTACHMENT A DEPARTMENT OF ELDER AFFAIRS' PROGRAMS& SERVICES 42
HANDBOOK(ON CD)
ATTACHMENT B DEPARTMENT OF ELDER AFFAIRS'CIVIL RIGHTS COMPLIANCE 43
CHECKLIST AND INSTRUCTIONS
ATTACHMENT D PROVIDER'S STATE CONTRACTS LIST 44
ATTACHMENT E DEPARTMENT OF ELDER AFFAIRS'COMPUTER USE AND SOCIAL 45
MEDIA POLICY
ATTACHMENT G BACKGROUND SCREENING AFFIDAVIT OF COMPLIANCE 46
ATTACHMENT H CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 47
ATTACHMENT J VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION 48
19
Amendment 001 OAA 203.11.001 6 p 4
ATTACHMENT III
EXHIBIT 1
.FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
COLLIER COUNTY
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
Older Americans Act Title IIIB—
CA/CM/SCAS/INSC $ 20,000.00
Transportation U.S. Health and Human Services 93.044 $ 65,000.00
Support Services $295,500.00
Total IIIB $380,000.00
OAA Title IIIC1—Congregate Meals
Spending Authority U.S. Health and Human Services 93.045 $217,000.00
OAA Title III C2—Home Delivered Meals U.S. Health and Human Services 93.045 $250,000.00
Older Americans Act Title III E— $44,896.00
Supplement Services $ 17,931.00
U.S. Health and Human Services 93.052
Grandparent Services $ 9,173.00
Total IIIE $72,000.00
TOTAL FEDERAL AWARD $919,000.00
20
Amendment 001 OAA 203.11.001
ATTACHMENT VII
OLDER AMERICANS ACT BUDGET SUMMARY
CONTRACTOR: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16 D 4
COLLIER COUNTY
1. Title III B Support Services $ 380,000.00
2. Title III Cl Congregate Meals $ 217,000.00
3. Title III C2 Home Delivered Meals $ 250,000.00
4. Title III E Services $ 72,000.00
TOTAL $ 919,000.00
21
Amendment 001 OAA 203.11.001
16D
ATTACHMENT IX
CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
Report Number Based On Submit to State
On This Date
January Advance* January 1
2 February Advance* January 1
3 January Expenditure Report February 9
4 February Expenditure Report March 9
5 March Expenditure Report April 9
6 April Expenditure Report May 9
7 May Expenditure Report June 9
8 June Expenditure Report July 9
9 July Expenditure Report August 9
10 August Expenditure Report September 9
11 September Expenditure Report October 9
12 (a) October Expenditure Report November 9
12 (b) Report Advance Refund/Recoupment November 9
13 November Expenditure Report December 9
14 December Expenditure Report January 9
15 Final Expenditure and Request for Payment February
16 Closeout Report March 1
Legend: * Advance based on projected cash need.
Note# 1: Report#1 for Advance Basis Agreements cannot be submitted to Senior Choices of Southwest Florida
prior to January 1 or until the agreement with the Agency has been executed.
Note#2: All advance payments made to the contractor shall be returned to the Agency by the
submission date of report#12. The adjustment shall be recorded in Part C, 1 of the report
(ATTACHMENT X).
Note#3: Submission of expenditure reports may or may not generate a payment request. If final expenditure
report reflects funds due back to the Agency payment is to accompany the report.
22
Amendment 001 OAA 203.11.001
ATTACHMENT G
DEPARTMENT OF 1 60 4
BACKGROUND SCREENING
AFFAIRS Affidavit of Compliance
AUTHORITY: This form is required annually of all employers to comply with the attestation
requirements set forth in section 435.05(3),Florida Statutes.
D The term "employer" means any person or entity required by law to conduct background screening,
including but not limited to, Area Agencies on Aging, Aging Resource Centers, Aging and Disability
Resource Centers, Lead Agencies, Long-Term Care Ombudsman Program, Service Providers, Diversion
Providers, and any other person or entity which hires employees or has volunteers in service who meet
the definition of a direct service provider. See§§435.02,430.0402,Fla.Stat.
D A direct service provider is a person at least 18 years of age who, pursuant to a program to provide
services to the elderly,has direct face-to-face contact with a client while providing services,or has access
to the client's living area,funds,or personal property.A direct service provider also includes coordinators,
managers,and supervisors of residential facilities;and volunteers. §430.0402,Fla.Stat.
ATTESTATION:
As the duly authorized representative of Co Ia r [ f Au A0.4i Je_k►'Q s
�Qow�+�, q
/,�,� Fmp,,cyer Name <,/� ,„
located at 3 33q �(�/ n.4 irx( C,m v'fr Ail eS r I 3r ))a 3�/►V l
t�,� St/reetAddress City tote Zipc>ode l
I, 44`�b'Y(P aati.-. do hereby affirm under penalty of perjury,
Name of Repr enta we
that level 2 background screening has been conducted in compliance with the provisions of Chapter 435
and section 430.0402, Florida Statutes.
C-4"it—i-CP,Ji---
Signa re of Representative
i D Nit I
Date
STATE OF FLORIDA,COUNTY OF Co I I%Cr
Sworn to (or affirmed) and subscribed before me this I 0 day of 001(..r , 20 1 1 , by
h1 Cr) &CU()t (Name of Representative)who is personally known
to m . .• _• as proof of identification.
el ou4, Notary Public State of Florida
Ashlee P Franco
My Commission EE087085
.?or foc Lx,. s 07/05/2015 y'r,Q L3
Print,Type,or Stamp Commissioned Name of Notary Public Notary Public �•�f '
DOEA Form 235,Affidavit of Compliance,Effective 9-1-11 Section 435.05(3),F.S.
'Previous versions of this form will not be accepted' Form available at:htto://elderaffairs.state.fl.us/enalish/backaroundscreenina.oho
23
Amendment 001 OAA 203.11.001
1604
ATTACHMENT H
CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
The undersigned, an authorized representative of the Contractor named in the contract or agreement to which this form is
an attachment, hereby certifies that:
(1) The Contractor understands that pursuant to s. 287.135 F.S., any company at the time of bidding or submitting a
proposal for a new contract or renewal of an existing contract, that is on the "Scrutinized Companies with
Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Sector List
(collectively, "the Lists") is ineligible for, and may not bid on, submit a proposal for, or enter into or renew
a contract with Senior Choices of Southwest Florida (Agency)for goods or services of$1 million or more.
(2) The Contractor understands that, pursuant to s. 287.135 F.S., any company that submits a false certification to the
Agency is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the
finding of false certification.
(3)The Contractor understands that the contract to which this form is an attachment may be terminated by the Agency if
the Contractor submits a false certification or has been placed on the Lists.
This certification, required by Florida law, is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction.
11/8/2011
Fred W. Coyle Date
(Same as contract signature)
Chairman
Board of County Commissioners,
Collier County F1oiidar•
a A$
ATTEST, _, ^
DW : EBR
Atte4 4 %SA
31 ttt
Approva (�fi.rm and legal Sufficiency:
•
,,wt. 6
I o ty Attorney
24
Amendment 001 OAA 203.11.001
16134
ATTACHMENT H
Verification of Employment Status Certification
As a condition of contracting with Area Agency on Aging for Southwest Florida, Inc.dba Senior Choices of Southwest
Florida, Collier County Board of County Commissioners, hereby referred to as Contractor certifies the use of the U.S.
Department of Homeland Security's E-Verify system to verify employment eligibility of(a)all persons employed during
the contract term to perform employment duties within the State of Florida and(b)all persons(including subcontractors)
assigned by the Contractor to perform work pursuant to the contract with Senior Choices of Southwest Florida.
11/8/2011
Fred W. Coyle Date
(Same as contract signature)
Chairman
y,.
ATTEST: h�
DWIGHVE. BROCK;OLtRK
k6111.1:3*- 1- 5-1C±):6\-=,
t e t„es t liiikai
3 i gnatiieR,;grl o. �....•-
Approval as ' 10 d legal Sufficiency:
gljt
-.sill III
t
Co ty ttorney
25
16Q4 4
Attestation Statement
Agreement/Contract Number OAA 203.11.001
Amendment Number 001
I, Fred Coyle ,attest that no changes or revisions have been made to the
(Recipient/Contractor representative)
content of the above referenced agreement/contract or amendment between the Area Agency on Aging for
Southwest Florida,Inc.dba Senior Choices of Southwest Florida and
Collier County Board of Commissioners.
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting,due to the differences in
electronic data processing media,which has no affect on the agreement/contract content.
vV 11/8/2011
Fred W.Coyle,Chairman Date
Signature of Recipient/Contractor representative
AAA Contract Manager to initial and date indicating signatures/initials appropriate on all documents; ready
for AAA designee signature
initial date
Revised November 2010
zlf JEST:.; - A Appro as to • and legal Sufficiency:
'. .DWICGG1 E.13KleK,CLERK
i ► ' Lt S 14:b._ F _ �
/%/4
�+ r EPUTY CLERK
Attu >>M .tQCAalfrl ; C. *my
• witurt: 6ii t 9.
•