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Backup Documents 11/09/2010 Item #16D 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 j� 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO LJ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) 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 Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Jane McDonald Housing and Human Services .�j /� 2. Colleen Greene Asst. County Attorney 71(A---. 'e-4-' .alf)6- fa• 15• ID .3. Frc e, a ----B€e-4. 5. Ian Mitchell, Executive Manager Board of County Commissioners ./e-------- lt(cc'(a 6. Minutes and Records Clerk of Court's 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 Sue Filson,need 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 Marcy Krumbine Phone Number (239) 252-8442 Contact Agenda Date Item was November 9,2010 Agenda Item Number 16D2 Approved by the BCC Type of Document Agreement Number of Original 3 Attached Documents Attached 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 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, 1. resolutions,etc. signed by the County Attorney's Office and signature pages from Y`' 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 t; / 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 ' t 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 signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. !-j 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 y our deadlines! 0 2N6. BC gea d �� the The meeting document have was been approved incorporated by the in C the on attached 11/9/2010 documentand all.chan The County s mde Attorneyuring 's ��; Office has reviewed the changes,if applicable. I:Forms/CountfPorms/BC orrns/ • final Documents Routing—Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 s. 1602 MEMORANDUM Date: December 16, 2010 To: Marcy Krumbine, Director Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Nutrition Services Incentive Program Agreement NSIP 203.11 Enclosed please find three (3) originals, as referenced above (Agenda Item #16D2), which were approved by the Board of County Commissioners on Tuesday, November 9, 2010. Please forward a fully executed original back to the Minutes & Records once all signatures have been received. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure October 2010 16 U 2 NSIP 203.11 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STANDARD CONTRACT NUTRITION SERVICES INCENTIVE PROGRAM THIS CONTRACT is entered into between the Area Agency on Aging for SW FL., Inc., hereinafter referred to as the "Agency," and Collier County Board of Commissioners, hereinafter referred to as the "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. Incorporation of Documents within the Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant 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 October 1, 2010 Services shall end at midnight, local time in North Fort Myers, Florida on September 30 2011. Notwithstanding this provision, the payment for services shall be as provided in ATTACHMENT 1, Paragraph 3.2.1. 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 $41,470.00, 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 ofthe 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. No renewal is subject to the same October 2010 16 p2 NSIP 203.11 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 6.1. If this contract contains federal funds the following shall apply: 6.1.1 The provider 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 he 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 I1. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager, prior to payment under this contract. 6.1 1 That if this contract contains $10,000.00 or more of federal funds, 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 That 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 That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall 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, 'Department 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 will 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 shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such violation shall be cause for unilateral cancellation of this contract by the Agency. 2 October 2010 NSIP 201 1 ©2 i 6.3 That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall 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 will comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. He contractor shall complete and sign .ATTACHMENT V prior to the execution of this contract. 7. Compliance with State Law 7.1 That 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 Requirements of s. 287.058. F.S. 7.2.1 The contractor will 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 Contract Manager 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 will submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post- audit. 7.7 3 If itemized payment for travel expenses is permitted in this contract, the contractor will 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 will allow public access to all documents, papers, letters, or other public records as defined in subsection 1] 9.011(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 shall 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 417, 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 will 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 lobbying t'he legislature, judicial branch or a state agency. 3 16D,D October 2010 NSIP 203.11 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, shall 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 shall apply to employees, subcontractors, consultants, direct service providers and volunteers. Consequently, any commitment for employment, purchase of services, or volunteer program participation shall be contingent upon the passing of a bevel lI background check. The background screening shall 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 include coordinators, managers, and supervisors of residential facilities and volunteers. 9. Grievance Procedures The contractor shall develop and 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, should provide for notice or the grievance procedure and an opportunity for review of the subcontractor's determination(s). 10. Audits, Inspections, Investigations Public Records and Retention 10.1 To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the Agency under this contract. 10.2 To 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 of the Agency. 10.3 Upon demand, at no additional cost to the Agency, the contractor will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 9.2. 10.4 To assure that the records described in Paragraph 9 shall 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), shall be allowed full access to and the right to examine any of the contractor's contracts and related records an documents pertinent to this specific contract, regardless of the form in which kept. 4 October 2010 NSIP 203.14 6 D 2 10.6 To provide a financial and compliance audit to the Agency as specified in this contract and in ATTACHMENT III and to ensure that all related party transactions are disclosed to the auditor. 10.7 To 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. 11. Nondiscrimination -Civil Rights Compliance 11.1 The contractor will 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 The contractor will retain, on file, during the term of this agreement a timely, complete and accurate Civil Rights Compliance Checklist (ATTACHMENT B). 11.3 The contractor agrees to establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall 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 will provide services in the manner described in ATTACHMENT I. 13. Monitoring by the Agency The contractor will 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 deliver to the contractor a written report of its findings and request for development, by the contractor, of a corrective action plan where appropriate. The contractor hereby agrees to timely correct all deficiencies identified in the corrective action plan. 5 October 2010 16 NSIP 203.11 D,2 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 the Area Agency on Aging of SW FL and the Department of Elder Affairs, 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. Indemnification 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 by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the provider 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, paragraph 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 To 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.z Throughout the term of this agreement, the contractor agrees to 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. Confidentiality 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. 6 October 2010 NSIP 203.11 18 Health Insurance Portability and Accountability Act Where applicable, the contractor will 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 Report 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 b performed under this contract. 19.2 To 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 (I- 800- 96ABUSE). As required by Chapters 29 and 415, F.S., this provision is binding upon both the contractor and its employees. 20. New Contract(s) Reportine The contractor shall notify the agency with ten(] 0) 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) contract manager 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 If, at any time during the term of this contract, the contractor, its assignees, subcontractors or affiliates files a claim for bankruptcy, the contractor must immediately notify the Area Agency on Aging for SW FL. Within ten (10) days after notification, the contractor must also provide the following information to the Area Agency on Aging for SW FL., Inc.: (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 Publicitv 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 he program, state: "Sponsored by (contractor's name), Area Agency on Aging for SW FL., Inc., and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "Area Agency on Aging for SW FL., Inc." and "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 "Area Agency on Aging for SW FL. Inc.," or "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. 7 October 2010 23. Assignments 1692 NSIP 203.11 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 Area Agency on Aging for Southwest Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another agency in the State of Florida, upon giving prior written notice to the contractor. In the event the Area Agency on Aging approves transfer of the contractor's obligations, the contactor 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. Subcontracts 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 shall not be liable to the subcontractor in any way or for any reason. The contractor, at its expense, will defend the Agency against any such claims. 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 shall 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 shall be the sole responsibility of the contractor. 26. Payment Payments will be made to the contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the contractor. The Agency's Contract Manager 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 fiscal department for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in October 2010 1 6 D 2 NSIP 203.11 accordance with the provisions of s. 215,422 F.S. A Vendor Ombudsman has been established within the Department of Finance Services and may be contacted at (850) 413 -5665. 27. Return for Funds The contractor will 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 Contract Manager, on behalf of the Agency, will notify the contractor by letter of such findings. Should repayment not be made forthwith, the contractor will 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 Information The contractor shall insure 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 requirement, must anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely backed up to insure 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 insure all subcontractors maintain written procedures for computer system back up 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 contractors. Any 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 will 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 farm 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 mast disclose to the Agency any relationship which may be, or may be 9 October 2010 NSIP 203.1116 (1 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 Entitv Crime Pursuant to s. 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the Agency. 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 to 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. Purchasing 32.1 To purchase articles which are the subject of or are required to carryout 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) 642 -8459. 32.2 To procure any recycled product or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of s. 403.7065 and 287.045, F.S. 33. Patents, Copyrights, Royalties If any discovery, invention or copyrightable material is developed or produced 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 Elder Affairs. Any and all patent rights or copyrights accruing under this contact are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 387.0571 (5) (k) 1 and 2 as amended, the only exceptions to this provision shall he 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 shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to Paragraph 33. 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 10 October 2010 NSIP 203.11 1692 contractor shall within thirty (30) calendar days of the execution of this contract, submit to the Contract Manager 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 will 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 Resolution Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the contractor. 38. Financial Consequence of Non- Performance If the contractor fails to meet the minimum level of service or performance indentified 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, tending only partial payments, and /or cancellation of contract and reacquiring services from an alternate source. 38.1 The contractor shall 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 Sovereign 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 Lee 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. 11 .6 0c;,Aer 2010 NSIP 203.11 42. Force Maieure Neither party shall be liable for any delays or failures in performance due to circumstances beyond its 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. Severability 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 Agency'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 shall not constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 47. Compliance The contractor agrees to 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 Paragraph 3.2.1. (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. 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. 12 October 2010 i 6 " 2 NSIP 203.11 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 Contract Manager 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. Postage Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the contractor responsible for administration of the contract. The Agency shall 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; and (2) had a contract terminated by the Agency for cause. 51. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 13 ntractor name, as shown on page 1 of this ct, and mailing address of the official payee m the payment shall be made is: Collier County Housing, Human and Veteran Services 3301 E Tamiami Trail, Building H Na les, PL 34112 Marcy Knimbine, Director me of the contact person and street address Collier County Housing, Human and financial and administrative records are Veteran Service s ined is: Vc 3301 E Tamiami Trail, Building H Naples, FL 341 l2 (239) 252 -2273 me, address, and telephone number of the Marcy Krumbine, Director Collier County Housing, Human and entative of the contractor responsible for Veteran Services istration of the program under this contract 3301 E'ramiami Trail, Building H Naples, FL 34112 (239) 252 -2273 13 October 2010 16D2 NSIP 203.11 d. _ The section and location within the agency where Requests for Payment and Receipt and Expenditure forms are to be mailed is: Area Agency on Aging for Southwest Florida, Inc. 15201 N. Cleveland Avenue, Ste. 1100 North Fort Myers, Florida 33903 Leigh W. Schield, Executive Director The name, address, and telephone number of the Area Agency on Aging for Southwest e. Contract Manager for the agency for this contract Florida, Inc. is: 15201 N. Cleveland Avenue, Ste. 1100 North Fort Myers, Florida 33903 (239) 652 -6900 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 52. All Terms and Conditions Included This contract and its Attachments, I - VII, A and B, 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 WFINESS THEREOF, the parties hereto have caused this 43 page contract, to be executed by their un - rsigned officials as duly authorized. ATTEST: DWIGHT E BROCK, Clerk By: �.�tl;Ci G rwan S � I�natucR oir, f -' Approved as to form, and, Legal sutliciency M Assistant County Attorney FEDERAL 11) NUMBER: 59- 60000558 FISCAL YEAR -END DATE: 09/30 14 BOARD OF COUNTY COMMISSIONERS COLLIER COUN TY, FLOR IDA 1, . ) 6/ /� f"1 ! / Fred W. Coyle, Chairman Date: November 9 2010 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA By: Date: Leigh Anna Nowak, Board President October 2010 ATTACHMENT ATTACHMENT ATTACHMENT II ATTACHMENT III AT 'ACHMENT IV ATTACHMENT V ATTACHMENT VI ATTACHMENT VII ATTACHMENT A ATTACHMENT B ATTACHMENT D ATTACHMENT E 16D2 NSIP 203.11 INDEX TO CONTRACT ATTACHMENTS ATTACHMENT DESCRIPTION STATEMENT OF WORK CERTIFICATION REGARDING LOBBYING FINANCIAL COMPLIANCE AUDIT ATTACHMENT CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIILITY AND VOLUNTARY EXCLUSION CONTRACTS /SUBCONTRACTS ASSURANCES - NON - CONSTRUCTION PROGRAMS REQUEST FOR REIMBURSEMENT DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES HANDBOOK (ON CD) DEPARTMENT' OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST AND INSTRUCTIONS PROVIDER'S STATE CONTRACTS LIST DEPARTMENT OF ELDER AFFAIRS' COMPUTER USE POLICY AND ITS SOCIAL MEDIA POLICY 15 PAGE 16 -25 25 26 -31 32 33 34 -35 36 37 38-41 42 43 16D2 October 2010 NSIP 203.11 ATTACHMENT AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STATEMENT OF WORK NUTRITION SERVICES INCENTIVE PROGRAM SECTION 1: SERVICES TO BE PROVIDED 1.1 DEFINITIONS OF TERMS AND ACRONYMS 1.1.'. CONTRACT ACRONYMS American Recovery and Reinvestment Act of 2009 (ARRA) Area Agency on Aging (AAA) Client Information and Registration Tracking System (CIRTS) Dietary Reference Intake (DRI) Nutrition Services Incentive Program (NSIP) Older Americans Act (OAA) Planning and Service Area (PSA) Web -based Database System (WebDB) United States Department of Agriculture (USDA) 1.1.2. PROGRAM SPECIFIC TERMS American Recovery and Reinvestment Act of 2009: ARRA is an economic stimulus package enacted by the United States Congress and signed into law by the President on February 17, 2009. The act is intended to provide a stimulus to the U.S. economy and specifically provides assistance to those individuals affected by the recession. Assistance provided includes, but is not limited to: job creation, food program subsidies and the expansion of existing social service programs. Service Provider Application: A service provider application plan developed by the contractor outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Act (OAA) and agency instructions. Service Provider Application Update: A revision to the service provider application wherein the area agency on aging enters OAA program specific data in the web -based database system (WebDB). An update may also include other revisions to the service provider application as instructed by the agency. 1.2 AGENCY'S MISSION STATEMENT Mission: To help aging adults, 60 and older, achieve greater independence through awareness of resources and access to qualified service providers. Vision: To be the recognized leader in supporting older adults and their families with access to trustworthy resources and services in their communities while empowering them to live with independence and dignity. 16 October 2010 NSIP 203.11 16p2 Values: The Agency believes the residents of Southwest Florida are entitled to: • Comprehensive information about their choices of care; • Timely access to resources and services; • High standards of quality and performance; • Personal and professional accountability from all stakeholders. Lead agencies and local service providers as partners and stakeholders in Florida's aging services network are expected to support the agency's mission, vision, and priorities. 1.2.1. Nutrition Services Incentive Program Mission Statement The Nutrition Services Incentive Program (NSIP) is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the number and /or the quality of meals served. 1.3. GENERAL DESCRIPTION 1.3.1. General Statement The NSIP is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served under the Older Americans Act and ARRA. Florida has opted for cash payments in lieu of donated foods. 1.3.2. Authority (1) Older Americans Act of 2006, as amended, Section 311; (2) 42 U.S.C. 303a, 42 U.S.C. 604, 42 U.S.C. 3057; (3) Section 430.101, Florida Statutes; and (4) American Recovery and Reinvestment Act of 2009, P.L. 111 -5. 1.3.3. Scope of Service The contractor is responsible for the programmatic, fiscal, and operational management of NSIP, including oversight of the nutrition service operations of its subcontracted providers. The services provided under this contract shall be in a manner consistent with and described in the Agency's current area plan update and the DOEA Program and Summary Handbook. ATTACHMENT A. In fulfilling the terms of this agreement, the contractor's scope of services shall include the following service tasks: (1) Client Eligibility Determination; (2) Program Eligibility Compliance; (3) Program Coordination and Oversight; (4) Ensuring Compliance with Prescribed Nutrition Requirements: (5) Ensuring Compliance with Prescribed Food Origin Requirements; and (6) Compliance with Program Reporting and Records Management Requirements. The contractor shall use the NSIP funding under this contract to supplement funding for food used in meals served under the OAA and ARRA. 1.3.4. Term of Provision of Services The term of this contract for the delivery of services shall be as referenced in Section 3. of the Standard Contract. However, for the purpose of settling upon the appropriate meal reimbursement rate, as provided by USDA, the contract shall remain open until December 31, 2011. 17 October 2010 NSIP 203.11 lbp2 Notwithstanding this three (3) month reconciliation period, this contract makes no provisions for the payment of any services provided beyond September 30, 2011. 1.3.5. Major Program Goals The major goals of the Nutrition Services Incentive Program (NSIP) program are to: (1) Supplement funding for food used in meals served by older Americans Act Nutrition Program Providers; and (2) Provide incentives for the effective delivery of nutritious meals to older individuals. 1.4 INDIVIDUALS TO BE SERVED 1.4.1. Individual Eligibility Congregate Meals: (1) Individuals age 60 or older; (2) Spouses (regardless of age) who attends the dining center with his/her eligible spouse; (3) Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; (4) Persons with disabilities residing at home with and accompanying an eligible person to the dining center; and (5) Volunteers, regardless of age, who provide essential services on a regular basis during meal hours. Home Delivered Meals: (1) Individuals age 60 or older who are also frail and homebound by reason of illness, disability or isolation; (2) The recipient's spouse of a homebound eligible individual, regardless of age if the provision of the collateral meal supports maintaining the person at home. (3) Individuals with a disability, regardless of age, residing at home with eligible individuals and are dependent on them for care; and (4) Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their presence at the congregate site inappropriate; and (5) Persons at nutritional risk who are socially or otherwise isolate and unable to attend a congregate nutrition site. 1.4.2 Restrictions Meals served to an elderly individual funded in whole or in part under the Medicaid Waiver Programs or Community Care for the Elderly (CCE) Program or other means tested programs may not be included in the NSIP count. S7CTION II: MANNER OF SERVICE PROVISION 2.1. SERVICE TASKS 2.1.1. Task List In order to achieve the goals of the NSIP, the contractor shall ensure the following tasks are performed: (1) Client Eligibility Determination; 18 October 2010 NSIP 2031,6 0 2 (2) Program Eligibility Requirements; (3) Program Coordination and Oversight; (4) Ensuring Compliance with Prescribed Nutrition Requirements; (5) Ensuring Compliance with Prescribed Food Origin Requirements; and (6) Compliance with Program Reporting and Records Management Requirements. 2.1.1.1.Client Eligibility Determination Client eligibility determination as listed in ATTACHMENT I, Paragraph 1.4.1. 2.1.1.2. Program Eligibility Requirements Entities considered to be eligible for program participation must meet the following criteria: (1) Be an agency that has received a grant under the OAA Title III must service the meal (Ref. OAA section 311 (42 U.S.C.3030a); and (2) Be a nutrition service provider who is under the jurisdiction, control, management and audit authority of the Area Agency on Aging and the Department of Elder Affairs must serve the meal. 2.1.1.3.Oversight of Provider's Nutrition Service Operations The contractor shall oversee the nutrition service operations of the provider to ensure that the requirements of Attachment I, Paragraphs 2.1.1.1 and 2.1.1.2 are met as well as any other applicable regulations and policies prescribed by the Department of Health and Human Services, USDA, state and local health departments or any other agency designed to inspect meal quality for the State. 2.1.1.4Prescribed Nutritional Requirements The contractor shall ensure that each meal provided under this NSIP contract meet the following criteria: (1) Comply with the current Dietary Guidelines for Americans, published by the secretaries of the Department of Health and Human Services and the Department of Agriculture; and (2) Provide a minimum of 33 1/3 percent of the dietary reference intakes /adequate intakes for an age 70+ female as established by the Food and Nutrition Board of the National Academy of Sciences. 2.1.1.5.Food Origin and Commodities Requirements Consistent with existing requirements of this program, the contractor and /or its service providers may use NSIP cash to purchase foods of U.S. origin for their nutrition projects under Title III of the OAA. NSIP funds must be used to expand meal services to older adults. 2.1.1.6.Compliance with Program Reporting and Records Management Requirements The contractor shall ensure that all program reporting requirements evidencing service delivery are timely met. The contractor must establish interim report submittal due dates for its providers or subcontractors to permit the contractor to meet the Agency reporting deadlines. In addition to any special reports that may be requested by the Agency, the contractor shall comply with the reporting and records management requirements as referenced in ATTACHMENT 1, Paragraph 2.4.2 — 2.4.2.5. 19 October 2010 NSIP 203.11 1692 2.2. Monitoring the Performance of Subcontractors The contractor shall conduct at least one monitoring per contract year of each subcontractor. The contractor shall perform fiscal, administrative and programmatic monitoring of each subcontractor to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. 2.3 SERVICE LOCATION AND EQUIPMENT 2.3.1. Service Times The contractor shall ensure the provision of the services listed in this contract are available at times appropriate to meet client service needs at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. 2.3.2. Equipment 2.3.2.1.Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal funds], or (b) nonexpendable, tangible personal property of a non - consumable nature with an acquisition cost of $1,000.00 or more per unit, and expected useful life of at least one year; and hardback bound books non circulated to students or the general public, with a value or cost of $250.00 or more [for state funds]. 2.3.2.2.Contractors and sub - contractors 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 the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the Agency upon request. 2.3.2.3.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. 20 October 2010 16p NSIP 203.11 2.3.2.4.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 request for proposal (RFP) approved by the Agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) with 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 sub - contractors (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. 2.3.2.5.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 of the Agency's Contract Manager. When disposing of property or equipment the contractor must submit a written request for disposition instructions to the respective Contract Manager. 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 (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 2.3.2.6.The Agency's Contract Manager 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). 2.3.2.7.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 (USC). Real property purchases from state fund can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of s.216.348, F.S. 2.3.2.8.Any permanent storage devices (e.g.; hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 2.3.2.9.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 i,rR 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 department's ITR procedures. 2.4. DELIVERABLES 2.4.1. Service Unit 21 October 2010 1692 NSIP 203.11 The contractor shall provide the services described in the contract in accordance with the current Department of Elder Affairs Programs and Services Handbook. The chart below lists the services that can be performed and the unit of measurement: Congregate Meals (under OAA and ARRA) 1 Unit = 1 Meal Home Delivered Meals (under OAA and 1 Unit = 1 Meal ARRA) 2.4.2. Reports and Reporting Requirement The contractor shall adhere to the reporting and records management requirements outlined below. The contractor is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the Agency. 2.4.2.2 Client Information and Registration Tracking System (CIRTS) Reports The contractor is required to use CIRTS reports in the web -based CIRTS database system to ensure CIRTS data accuracy. The report categories include: (1) Client Reports; (2) Monitoring Reports: (3) Services Reports; (4) Miscellaneous Reports; (5) Fiscal Reports; (6) Aging Resource Center Reports; and (7) Outcome Measurement Reports. 2.4.2.3 Service Costs Reports The contractor shall submit to the Agency semi - annual service cost reports, which reflect actual costs of providing each service by program. This report provides information and planning and negotiating unit rates. The reports are due August 15 and February 15. 2.3.2.4 Surplus/Deficit Report The contractor will submit a consolidated surplus /deficit report in a format provided by the Agency to the Agency's Contract Manager by the 18th of each month. This report is for all agreements and /or contracts between the contractor and the Agency. The report will include the following: (1) A list of all subcontractors and their current status regarding surplus or deficit; (2) The contractor's detailed plan on how the surplus or deficit spending exceeding the threshold specified by the Agency will be resolved; (3) Recommendations to transfer finds to resolve surplus /deficit spending; (4) Input from the contractor's Board of Directors on resolution of spending issues, if applicable; (5) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5; and (6) Number of clients currently on the APCL designated as Imminent Risk. 2.4.2.5 Records Management and Documentation The contractor will ensure the collection and maintenance of client and service information on a monthly basis from the Client Information and Registration Tracking System (CIRTS) or any such 22 October 2010 ,16 D 2 NSIP 203.11 system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. 2.5. PERFORMANCE SPECIFICATIONS 2.5.1. Outcomes and Outputs (1) The contractor shall submit timely to the Agency all reports describe in Attachment I, Paragraph 2.4.2. Reports; (2) The contractor shall submit timely to the Agency all information described in Attachment I, Paragraph 2.4.3. Records and Documentation; (3) The contractor shall ensure services in this contract are in accordance with the current Department of Elder Affairs Programs and Services Handbook. 2.5.2. Monitoring and Evaluation Methodology 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. 2.5.3 Remedies - Nonconforming Meals and Services The contractor shall ensure that all meals and reimbursed under this agreement are compliant with the prescribed nutritional requirements referenced in ATTACHMENT I, Paragraph 2.1.1.3 — 2.1.1.5. Any nonconforming meals not meeting such nutritional and food origin requirements shall not be eligible for reimbursement under this program. The costs associated with preparing or providing nonconforming meals shall be borne solely by the contractor. The Agency requires immediate notice of any significant and/or systemic infractions that compromise the quality, safety or nutritional value of meals served to clients. 2.6. CONTRACTOR'S FINANCIAL OBLIGATIONS 2.6.1. Use of Service Dollars and Assessed Priority Consumer List Management The contractor is expected to spend all federal, state and other funds provided by the Agency, for the purpose specified in each contract. The contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the contract period for each program managed by the contractor. If the Agency determines that the contractor is not spending service funds accordingly, the Agency may transfer funds to other contractors during the contract period and /or adjust subsequent funding allocations accordingly as allowable under state and federal law. The Agency agrees to distribute funds as detailed in this contract and the service provider's application update. Any changes in the total amounts of the funds identified in this contract, number of meal served or meal rate require a contract amendment. 2.7. AGENCY RESPONSIBILITIES 2.7.1. Agency Obligations 23 October 2010 I6p2 NSIP 203.11 2. i.1.1.Program Guidance and Technical Assistance The Agency will provide to the contractor guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the contractor. 2.7.1.2.Program /Contract Monitoring The Agency shall, at its own discretion, conduct monitoring concerning any aspect of the contractor's performance of this contract. SECTION III: METHOD OF PAYMENT 3.1. STATEMENT OF METHOD OF PAYMENT This is a fixed rate contract. The Agency shall make payment to the contractor for provision of services up to a maximum number of units of service and at the prospective rate stated below: COLLIER Service to be Provided Unit of Service Unit Rate Maximum Units Eligible Congregate and I unit = 1 meal $0.68 60,985 Home Delivered Meals (Under OAA and ARRA) The prospective rate is based on the estimated OAA grant award. 3.2. REQUEST FOR PAYMENT 3.2.1. Date for Final Request for Payment (1) The final request for payment will be due to the Agency no later than December 10, 2011. This contract is for services provided during the 2010 Federal Fiscal Year beginning October 1, 2010 through September 30, 2011, however, the contract is in effect through December 10, 2011. The additional three months (October 1, 2011 through December 10, 20111 are to allow rates to be adjusted for the service period. This contract shall automatically terminate after the final rate for the federal fiscal year has been established and the release of final payments are authorized by the agency. (2) In the event that the final reimbursement rate is greater or less than the rate in Attachment I, Paragraph 3. 1, then this contract shall be appropriately adjusted upon notice from the agency's Contract Manager. 3.2.2. Documentation for Payment 24 October 2010 NSIP 203.11 16,0 2 the Area Agency on Aging of Southwest Florida, Inc., in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. PART II: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Agency of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Area Agency on Aging of Southwest Florida, Inc by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state 'financial assistance, including sta", financial assistance received from the Area Agency on Aging of Southwest Florida, Inc, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements In connection with the audit requirements addressed in Part 11, paragraph 1, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Area Agency on Aging of Southwest Florida, Inc shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Area Agency on Aging of Southwest Florida, Inc shall be fully disclosed in the audit report with ref •ence to the Area Agency on Aging of Southwest Florida, Inc agreement involved. If not otherwise disclosed as required by Rule 691- 5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Area Agency on Aging of Southwest Florida, Inc in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non - profit or for - profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Area Agency on Aging of Southwest Florida, Inc retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: R V: October 2010 Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh W. Schield, Executive Director 15201 N. Cleveland Avenue, Ste 1100 North Fort Myers, Florida 33903 Phone: (239) 652 -6900 1602 NSIP 203.11 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pur,uant to Sections .320(f), OMB Circular A -133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the AAA at each of the following addresses: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh W. Schield, Executive Director 15201 N. Cleveland Avenue, Ste 1100 North Fort Myers, Florida 33903 Phone: (239) 652 -6900 Additionally, copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh W. Schield, Executive Director 15201 N. Cleveland Avenue, Ste 1100 North Fort Myers, Florida 33903 Phone: (239) 652 -6900 Th. Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 Any reports, management letter, or other information required to be submitted to the AAA pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the AAA for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the 29 October 2010 NSIP 203.11 Auddor General, should indicate the date that the reporting package was delivered to the provider in correspondence acc, mpanying the reporting package. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued, and shall allow the Area Agency on Aging of Southwest Florida, Inc or its designee, the CFO or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made available to the Area Agency on Aging of Southwest Florida, Inc, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Area Agency on Aging of Southwest Florida, Inc. ATTACHMENT III EXHIBIT -1 FEDERAL RESOURCES AWARDED TO THE SUBRF,CIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: COLLIER PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Nuurition Services Incentive Program Older Americans Act 93.053 $41,470.00 TOTAL FEDERAL AWARD $41,470.00 30 October 2010 NSIP 2 , 6D ATTACHMENT III PART I: AUDIT RELATIONSHIP DETERMINATION EXHIBIT -2 Prc iders who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A -133, as revised, and /or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and /or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A -133, as revised, and /or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and /or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A -133 and /or Rule 691- 5.006, FAC, provider has been determined to be: __ Vendor or exempt entity and not subject to OMB Circular A -133 and /or Section 215.97, F.S. x Recipient /subrecipient subject to OMB Circular A -133 and /or Section 215.97, F.S. NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691 - .006(2), FAC [state financial assistance] and Section _ .400 OMB Circular A -133 [federal awards]. PART 11: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A -87)* OMB Circular A -102 — Administrative Requirements OMB Circular A -133 —Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON- PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Pat 230 Cost Principles for Non -Profit Organizations (Formerly OMB Circular A -122 — Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A -I 10 — Administrative Requirements) OMB Circular A -133 —Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A -21 — Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A -110 — Administrative Requirements) OMB Circular A -133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A -133 Compliance Supplement, Appendix 1, STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient /subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Star. Chapter 691 -5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 31 October 2010 NSIP 203.11 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an attacament, hereby certifies that (1) The contractor and any sub - contractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant - funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the contractor, sub- contractor(s), or any outside entity on which the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non - compliant, contractor(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the contractor (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The contractor and any sub- contractor(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub - contractors shall certify compliance accordingly. This certification 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 imposed by OMB Circulars A102 and 2 CFR Part 215 (formerly OMB Circular A -1 10). and Address of Contractor 'z �y /f Signature — Title Date Name of Authorized Signer Approved as to form & legal sufficiency Colleen Greene, Assistant County Attorney AW1 ^ 32 f)WI 1 E SR Attest' 41 to Ch4IrQM S October 2010 16D2 NSIP 203.11 ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (l) The prospective contractor certifies, by signing this certification, neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal agency or agency. (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective participant .hall attach an explanation to this certification. Signature Title Date Title (Certification signature should be same as Contract signature.) ('Ol / /i& /•"vin ;�i' 4e y c F i�r'ir // S/O rrPF S Agency /Organization Instructions for Certification I The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5- 180.1020, as supplemented by 2 CFR 376.10- 376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2 This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the agency may pursue available remedies, including suspension and /or debarment. 3 The contractor will provide immediate written notice to the Contract Manager if at any time the contractor learns that its ,. ertification was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor may iecide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4 The contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions 5 The contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 6 If the contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the agency may pursue available remedies, including suspension, and /or debarment. 7 The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. (Revised June 2008) Approved as to form & legal sufficiency ATTEST, 33 DW!PlT E. BROCK. Clark Colleen Gr ene, INYLkA - Assistant County Attorney V to 'C 14 October 2010 NSIP 203.11 ATTACHMENT VI ASSURANCES — NON - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348- 0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. 1 Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2 Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4 Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C., 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C., U.S.C.. 101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 ('P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g), 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C., 290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C.. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other 5 Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728 -4763) relating to prescribed standards for merit systems, for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 - 7328), which limit the political activities. of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7), the Copeland Act (40 U.S.C. 276c 18 U.S.C., 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), regarding labor standards for federally assisted construction subagreements. 34 October 2010 I6D2 NSIP 203.11 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase Flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Federal actions to State (Clear Air) 1451 et seq.); (f) conformity of Implementation Plans tinder Section 176(e) of the Clear Air Act of 1955, as, amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (I6 U.S.C. 1721 et seq.) related to protecting components or potential, components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.,470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.. 469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C., 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C,4801 et seq.), which prohibits the use of lead - based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, Audits of States, Local Governments, and Non - Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE CAAt12wtAN of T"e RrA2j7 APPLICANT ORGANIZATION �'G'CL /� DATE SUBMITTED .5S le%n ' S :3.30/ �� / %�>rli�irl( i� =Nib III `3 12oto nr���wti e.P to form & legai 5uf"iclant:,� 35 K, E. µs t ?rlt 1 r110d 1 October 2010 REQUEST FOR REIMBURSEMEN' Nutrition Services Incentive Program American Recovery and Reinvestment ACt 16D2 NSIP 203.11 ATTACHMENT VII PROVIDER NAME, ADDRESS, PHONE #and FEID# TYPE OF REPORT: THIS REQUEST PERIOD: Payment Request: From To Regular_ Supplemental Report # Contract # PSA # CERTIFICATION: I hereby certify that to the best of my knowledge the information in this report is accurate and complete and that all outlays reported herein were for purposes set forth in the contract documents. Prepared by: Date: Approved by: Date PART A: REIMBURSEMENT COMPUTATION YEAR TO DATE CURRENT MONTH 1. Number of Meals Served 2. Line 1 Times $ per Meal $ $ 3. Amount to be Reimbursed �_ $ PART B: CONTRACT SUMMARY 4. Approved Contract Amount $ 5. Reimbursement Requested through Last Report g 6. Contract Balance per Last Report $ 7. Amount to be Reimbursed - this report $ 6. Contract Balance $ P ART C: ARR (included in above totals) CONGREGATE MEALS HOME DELIVERED MEALS .. Monthly Expenditures 10. Year to Date Expenditures 11. Monthly Meals 12. Year to Date Meals ❑OEA Form 117arr 4/09 36 October 2010 1s6D2 NSIP 203.11 ATTACHMENT A Department of Elder Affairs Programs & Services Handbook, provided on CD. Also, available at the Department's Intranet site under, "Publications." 37 1602 VERIFICATION OF EMERGENCY PREPAREDNESS PLAN Contract # NSIP 203.11 1, Fred W. Coyle , certify that Collier County Board of County Commissioners (Name of authorized contractor representative) (Name of contractor) has a current and properly maintained Emergency Preparedness Plan. Assurance is given that the plan will be made available to the Department of Elder Affairs (DOEA) upon request. J1_I, �� i��- k , Signature of authorized contractor repres ntative Chairman Title November 9, 2010 Date Approved as to form and legal sufficiency et C ggtA � Assistant County Attorney DOEA Contract Manager's Review Initial Date Y rrj_ 1TTE3Y 1�W1 7 E. flRQC Gf�FYt AttaS1' to td C,�4 ?r3#A 0 1602 Attestation Statement Agreement/ContractNumber NSIP203.11 Amendment Number _zw_ I, Fred W. Coyle, Chairman attest that no changes or revisions have been made to (Recipient/Contractor representative) the content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida, Inc. and Collier CouM 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. _November 9, 2010 Signature of Recipient /Contractor teptesentative Date Approved as to form and legal sufficiency Assistant County Attorney Revised April 2010 ATTEST: CI T E. BRfa CAttest a to Chaltia s __ .Ljonjt"_ae,,a MEMORANDUM 1 6 O 2 Date: December 16, 2010 To: Marcy Krumbine, Director Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Nutrition Services Incentive Program Agreement NSIP 203.11 Enclosed please find three (3) originals, as referenced above (Agenda Item #16D2), which were approved by the Board of County Commissioners on Tuesday, November 9, 2010. / P'1orward a fully executed original back to the Minutes & �\ ecords once all signatures have been received. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure ICA Gi` r L.L � 1 LJ October 2010 NSIP 203.1160 2 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.. STANDARD CONTRACT NUTRITION SERVICES INCENTIVE PROGRAM THIS CONTRACT is entered into between the Area Agency on Aging for SW FL., Inc., hereinafter referred to as the "Agency," and Collier County Board of Commissioners, hereinafter referred to as the "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 HI, 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. Incorporation of Documents within the Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant 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 October 1, 2010. Services shall end at midnight, local time in North Fort Myers, Florida on September 30, 2011. Notwithstanding this provision, the payment for services shall be as provided in ATTACHMENT I, Paragraph 3.2.1. 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 $41,470.00, 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(l)(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 rencwat may be charged. No renewal is subject to the same October 2010 NSIP 203.11 160 2 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 6.1. If this contract contains federal funds the following shall apply: 6.1.1 The provider 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 he 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 Contract Manager, prior to payment under this contract. 6.1 1 That if this contract contains $10,000.00 or more of federal funds, 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 That 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 That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall 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, "Department 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 will 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 shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such violation shall be cause for unilateral cancellation of this contract by the Agency. 2 October 2010 NSIP 203;16 D 2 6.3 That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall 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 will comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. He contractor shall complete and sign ATTACHMENT V prior to the execution of this contract. 7. Compliance with State Law 7.1 That 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 Requirements of s. 287.058. F.S. 7.2.1 The contractor will 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 Contract Manager 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 will 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 will 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 will 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 shall 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 417, 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 will 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. 3 October 2010 NSIP 203.11 v �% L D 8. Background Screening •i 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, shall pass a bevel lI criminal background screening in accordance with the requirements of s. 430.0402 and ch. 435, F.S., as amended. These provisions shall apply to employees, subcontractors, consultants, direct service providers and volunteers. Consequently, any commitment for employment, purchase of services, or volunteer program participation shall be contingent upon the passing of a Level 11 background check. The background screening shall 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 include coordinators, managers, and supervisors of residential facilities and volunteers. 9. Grievance Procedures The contractor shall develop and 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, should provide for notice or the grievance procedure and an opportunity for review of the subcontractor's determination(s). 10. Audits, Inspections, Investigations, Public Records and Retention 10.1 To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the Agency under this contract. 10.2 To 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 of the Agency. 10.3 Upon demand, at no additional cost to the Agency, the contractor will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 9.2. 10.4 To assure that the records described in Paragraph 9 shall 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), shall be allowed full access to and the right to examine any of the contractor's contracts and related records an documents pertinent to this specific contract, regardless of the form in which kept. 4 October 2010 NSIP 203.11 160 10.6 To provide a financial and compliance audit to the Agency as specified in this contract and in ATTACHMENT III and to ensure that all related party transactions are disclosed to the auditor. 10.7 To 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. 11. Nondiscrimination -Civil Rights Compliance 11.1 The contractor will 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 The contractor will retain, on file, during the term of this agreement a timely, complete and accurate Civil Rights Compliance Checklist (ATTACHMENT B). 11.3 The contractor agrees to establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall 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 will provide services in the manner described in ATTACHMENT I. 13. Monitoring by the Agency The contractor will permit persons drily 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 deliver to the contractor a written report of its findings and request for development, by the contractor, of a corrective action plan where appropriate. The contractor hereby agrees to timely correct all deficiencies identified in the corrective action plan. 5 October 2010 NSIP 203. 16 0 2 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 the Area Agency on Aging of SW FL and the Department of Elder Affairs, 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. Indemnification 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 by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the provider 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, paragraph 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 To 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./ Throughout the term of this agreement, the contractor agrees to 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. Confidentiality 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. 6 October 2010 NSIP 203.11 1 60 2 18 Health Insurance Portability and Accountability Act Where applicable, the contractor will 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 Report 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 b performed under this contract. 19.2 'To 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- 96ABUSF.). As required by Chapters 29 and 415, F.S., this provision is binding upon both the contractor and its employees. 20. New Contract(s) Reporting The contractor shall notify the agency with ten(l0) 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) contract manager 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 If, at any time during the term of this contract, the contractor, its assignees, subcontractors or affiliates files a claim for bankruptcy, the contractor must immediately notify the Area Agency on Aging for SW FL. Within ten (10) days after notification, the contractor must also provide the following information to the Area Agency on Aging for SW FL., Inc.: (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 he program, state: "Sponsored by (contractor's name), Area Agency on Aging for SW FL., Inc., and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "Area Agency on Aging for SW FL., Inc." and "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 "Area Agency on Aging for SW FL. Inc.," or "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. 7 October 2010 NSIP 203.11 16D 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 Area Agency on Aging for Southwest Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another agency in the State of Florida, upon giving prior written notice to the contractor. In the event the Area Agency on Aging approves transfer of the contractor's obligations, the contactor 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. Subcontracts 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 shall not be liable to the subcontractor in any way or for any reason. The contractor, at its expense, will defend the Agency against any such claims. 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 shall 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 shall be the sole responsibility of the contractor. 26. Payment Payments will be made to the contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the contractor. The Agency's Contract Manager 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 fiscal department for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in M October 2010 NSIP 203.11 160 2 accordance with the provisions of s. 215,422 F.S. A Vendor Ombudsman has been established within the Department of Finance Services and may be contacted at (850) 413 -5665. 27. Return for Funds The contractor will 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 Contract Manager, on behalf of the Agency, will notify the contractor by letter of such findings. Should repayment not be made forthwith, the contractor will 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 Information The contractor shall insure 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 requirement, must anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely backed up to insure 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 insure all subcontractors maintain written procedures for computer system back up 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 contractors. Any 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 will 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 9 October 2010 NSIP 203.11 160 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., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the Agency. 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 to 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. Purchasing 32.1 To purchase articles which are the subject of or are required to carryout 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) 642 -8459. 32.2 To procure any recycled product or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of s. 403.7065 and 287.045, F.S. 33. Patents, Copyrights, Royalties If any discovery, invention or copyrightable material is developed or produced 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 Elder Affairs. Any and all patent rights or copyrights accruing under this contact are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 387.0571 (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 shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to Paragraph 33. 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 10 October 2010 NSIP 203.11 1 6 D contractor shall within thirty (30) calendar days of the execution of this contract, submit to the Contract Manager 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 will 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 Resolution Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the contractor. 38. Financial Consequence of Non - Performance If the contractor fails to meet the minimum level of service or performance indentified 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, tending only partial payments, and /or cancellation of contract and reacquiring services from an alternate source. 38.1 The contractor shall 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 Sovereign Immunitv 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 Lee 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. Oc,.,)ber 2010 NSIP 203.11 160 42. Force Maieure Neither party shall be liable for any delays or failures in performance due to circumstances beyond its 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. Severability 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 Agency'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 shall not constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 47. Compliance The contractor agrees to 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 Paragraph 3.2.1. (date for final request for payment) of ATTACHMENT L 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. 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. 12 October 2010 50. Termination NSIP 203.11 160 2 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 Contract Manager 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. Postage Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the contractor responsible for administration of the contract. The Agency shall 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; and (2) had a contract terminated by the Agency for cause. 51. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): a. The contractor name, as shown on page 1 of this contract, and mailing address of the official payee to whom the payment shall be made is Collier County Housing, Human and Veteran Services 3301 E Tamiami Trail, Building H Naples, PL 34112 _ _ Marcy Krumbine, Director The name of the contact person and street address Collier County Housing, Human and h. where financial and administrative records are Veteran Services maintained is: 3301 E Tamiami Trail, Building H Naples, FL 34112 (239) 252 -2273 Marcy Krumbine, Director The name, address, and telephone number of the Collier County Housing, Human and representative of the contractor responsible for Veteran Services C. administration of the program under this contract 3301 E Tamiami Trail, Building H is: Naples, FL 34112 (239),252-2273 13 October 2010 NSIP 203.11 160 d. The section and location within the agency where Requests for Payment and Receipt and Expenditure forms are to be mailed is: Area Agency on Aging for Southwest Florida, Inc. 15201 N. Cleveland Avenue, Ste. 1100 North Fort Myers, Florida 33903 Leigh W. Schield, Executive Director The name, address, and telephone number of the Area Agency on Aging for Southwest e. Contract Manager for the agency for this contract Florida, Inc. 15201 N. Cleveland Avenue, Ste. 1100 s: North Fort Myers, Florida 33903 (239)652 -6900 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 52. All Terms and Conditions Included This contract and its Attachments, I - V[I, A and B, 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 43 page contract, to be executed by their un rsigned officials as duly authorized. ATTE$�` ��' d• DWt((Y1 T E BR6 K =Clerk By ACC t" ' n 0110 Vre Approved as to form and Legal �suuf�fi�ciency ^n n Assistant County Attorney FEDERAL ID NUMBER: 59- 60000558 FISCAL YEAR -END DATE: 09/30 14 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By F.L v n > t _p, Fred W. Coyle, Chairmhp) Date: November 9, 2010 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA �n F.eigh Aura Nowak, Board PY6staent Date: I 7 2 0 [ d T October 2010 ATTACHMENT ATTACHMENT ATTACHMENT II ATTACHMENT III Al 'ACHMENT IV ATTACHMENT V ATTACHMENT VI ATTACHMENT VII ATTACHMENT A ATTACHMENT ATTACHMENT D ATTACHMENT NSIP 203.11 160 2 INDEX TO CONTRACT ATTACHMENTS ATTACHMENT DESCRIPTION STATEMENT OF WORK CERTIFICATION REGARDING LOBBYING FINANCIAL COMPLIANCE AUDIT ATTACHMENT CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGBLPTY AND VOLUNTARY EXCLUSION CONTRACTS /SUBCONTRACTS ASSURANCES - NON - CONSTRUCTION PROGRAMS REQUEST FOR REIMBURSEMENT DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES HANDBOOK (ON CD) DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE, CHECKLIST AND INSTRUCTIONS PROVIDER'S STATE CONTRACT'S LIST DEPARTMENT OF ELDER AFFAIRS' COMPUTER USE POLICY AND ITS SOCIAL MEDIA POLICY ILI PAGE 16 -25 25 26 -31 32 33 34 -35 36 37 38 -41 42 43 October 2010 NSIP 203.11 160 2 ATTACHMENT AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STATEMENT OF WORK NUTRITION SERVICES INCENTIVE PROGRAM SECTION L• SERVICES TO BE PROVIDED 1.1 DEFINITIONS OF TERMS AND ACRONYMS I.I.I. CONTRACT ACRONYMS American Recovery and Reinvestment Act of 2009 (ARRA) Area Agency on Aging (AAA) Client Information and Registration Tracking System (CIRTS) Dietary Reference Intake (DRI) Nutrition Services Incentive Program (NSIP) Older Americans Act (OAA) Planning and Service Area (PSA) Web -based Database System (WebDB) United States Department of Agriculture (USDA) 1.1.2. PROGRAM SPECIFIC TERMS American Recovery and Reinvestment Act of 2009: ARRA is an economic stimulus package enacted by the United States Congress and signed into law by the President on February 17, 2009. The act is intended to provide a stimulus to the U.S. economy and specifically provides assistance to those individuals affected by the recession. Assistance provided includes, but is not limited to: job creation, food program subsidies and the expansion of existing social service programs. Service Provider Application: A service provider application plan developed by the contractor outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Act (OAA) and agency instructions. Service Provider Application Update: A revision to the service provider application wherein the area agency on aging enters OAA program specific data in the web -based database system (WebDB). An update may also include other revisions to the service provider application as instructed by the agency. 1.2 AGENCY'S MISSION STATEMENT Mission: To help aging adults, 60 and older, achieve greater independence through awareness of resources and access to qualified service providers. Vision: To be the recognized leader in supporting older adults and their families with access to trustworthy resources and services in their communities while empowering them to live with independence and dignity. 16 October 2010 NSIP 203.11 Values: The Agency believes the residents of Southwest Florida are entitled to: 160 • Comprehensive information about their choices of care; • Timely access to resources and services; • High standards of quality and performance;. • Personal and professional accountability from all stakeholders. Lead agencies and local service providers as partners and stakeholders in Florida's aging services network are expected to support the agency's mission, vision, and priorities. 1.2.1. Nutrition Services Incentive Program Mission Statement The Nutrition Services Incentive Program (NSIP) is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the number and /or the quality of meals served. 1.3. GENERAL DESCRIPTION 1.3.1. General Statement The NSIP is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served under the Older Americans Act and ARRA. Florida has opted for cash payments in lieu of donated foods. 1.3.2. Authority (1) Older Americans Act of 2006, as amended, Section 311; (2) 42 U.S.C. 303a, 42 U.S.C. 604, 42 U.S.C. 3057; (3) Section 430.101, Florida Statutes; and (4) American Recovery and Reinvestment Act of 2009, P.L. 11 1 -5. 1.3.3. Scope of Service The contractor is responsible for the programmatic, fiscal, and operational management of NSIP, including oversight of the nutrition service operations of its subcontracted providers. The services provided under this contract shall be in a manner consistent with and described in the Agency's current area plan update and the DOER Program and Summary Handbook. ATTACHMENT A. In fulfilling the terms of this agreement, the contractor's scope of services shall include the following service tasks: (1) Client Eligibility Determination; (2) Program Eligibility Compliance; (3) Program Coordination and Oversight; (4) Ensuring Compliance with Prescribed Nutrition Requirements: (5) Ensuring Compliance with Prescribed Food Origin Requirements; and (6) Compliance with Program Reporting and Records Management Requirements. The contractor shall use the NSIP funding under this contract to supplement funding for food used in meals served under the OAA and ARRA. 1.3.4. Term of Provision of Services The term of this contract for the delivery of services shall be as referenced in Section 3. of the Standard Contract. However, for the purpose of settling upon the appropriate meal reimbursement rate, as provided by USDA, the contract shall remain open until December 31, 2011. 17 October 2010 NSIP 203.11 16D 2 Notwithstanding this three (3) month reconciliation period, this contract makes no provisions for the payment of any services provided beyond September 30, 2011. 1.3.5. Major Program Goals The major goals of the Nutrition Services Incentive Program (NSIP) program are to: (l) Supplement funding for food used in meals served by older Americans Act Nutrition Program Providers; and (2) Provide incentives for the effective delivery of nutritious meals to older individuals. 1.4 INDIVIDUALS TO BE SERVED 1.4.1. Individual Eligibility Congregate Meals: (1) Individuals age 60 or older; (2) Spouses (regardless of age) who attends the dining center with his /her eligible spouse; (3) Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; (4) Persons with disabilities residing at home with and accompanying an eligible person to the dining center; and (5) Volunteers, regardless of age, who provide essential services on a regular basis during meal hours. Home Delivered Meals: (1) Individuals age 60 or older who are also frail and homebound by reason of illness, disability or isolation; (2) The recipient's spouse of a homebound eligible individual, regardless of age if the provision of the collateral meal supports maintaining the person at home. (3) Individuals with a disability, regardless of age, residing at home with eligible individuals and are dependent on them for care; and (4) Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their presence at the congregate site inappropriate; and (5) Persons at nutritional risk who are socially or otherwise isolate and unable to attend a congregate nutrition site. 1.4.2 Restrictions Meals served to an elderly individual funded in whole or in part under the Medicaid Waiver Programs or Community Care for the Elderly (CCE) Program or other means tested programs may not be included in the NSIP count. S" CTION 11: MANNER OF SERVICE PROVISION 2.1. SERVICE TASKS 2.1.1. Task List In order to achieve the goals of the NSIP, the contractor shall ensure the following tasks are performed: (1) Client Eligibility Determination; 18 October 2010 NSIP 203.11 160 2 (2) Program Eligibility Requirements; (3) Program Coordination and Oversight; (4) Ensuring Compliance with Prescribed Nutrition Requirements; (5) Ensuring Compliance with Prescribed Food Origin Requirements; and (6) Compliance with Program Reporting and Records Management Requirements. 2.1.11.Client Eligibility Determination Client eligibility determination as listed in ATTACHMENT 1, Paragraph 1.4.1. 2.1.1.2. Program Eligibility Requirements Entities considered to be eligible for program participation must meet the following criteria: (1) Be an agency that has received a grant under the OAA Title III must service the meal (Ref. OAA section 311 (42 U.S.C.3030a); and (2) Be a nutrition service provider who is under the jurisdiction, control, management and audit authority of the Area Agency on Aging and the Department of Elder Affairs must serve the meal. 2.1.1.3.Oversight of Provider's Nutrition Service Operations The contractor shall oversee the nutrition service operations of the provider to ensure that the requirements of Attachment I, Paragraphs 2.1.1.1 and 2.1.1.2 are met as well as any other applicable regulations and policies prescribed by the Department of Health and Human Services, USDA, state and local health departments or any other agency designed to inspect meal quality for the State. 2.1.4.4Prescribed Nutritional Requirements The contractor shall ensure that each meal provided under this NSIP contract meet the following criteria: (1) Comply with the current Dietary Guidelines for Americans, published by the secretaries of the Department of Health and Human Services and the Department of Agriculture; and (2) Provide a minimum of 33 1/3 percent of the dietary reference intakes /adequate intakes for an age 70+ female as established by the Food and Nutrition Board of the National Academy of Sciences. 2.1.1.5.Food Origin and Commodities Requirements Consistent with existing requirements of this program, the contractor and /or its service providers may use NSIP cash to purchase foods of U.S. origin for their nutrition projects under Title III of the OAA. NSIP funds must be used to expand meal services to older adults. 2.1.1.6.Compliance with Program Reporting and Records Management Requirements The contractor shall ensure that all program reporting requirements evidencing service delivery are timely met. The contractor must establish interim report submittal due dates for its providers or subcontractors to permit the contractor to meet the Agency reporting deadlines. In addition to any special reports that may be requested by the Agency, the contractor shall comply with the reporting and records management requirements as referenced in ATTACHMENT 1, Paragraph 2.4.2 — 2.4.2.5. 19 October 2010 NSIP 203.11 160 2.2. Monitoring the Performance of Subcontractors The contractor shall conduct at least one monitoring per contract year of each subcontractor. The contractor shall perform fiscal, administrative and programmatic monitoring of each subcontractor to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. 2.3 SERVICE LOCATION AND EQUIPMENT 2.3.1. Service Times The contractor shall ensure the provision of the services listed in this contract are available at times appropriate to meet client service needs at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. 2.3.2. Equipment 2.3.2.1.Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal funds], or (b) nonexpendable, tangible personal property of a non - consumable nature with an acquisition cost of $1,000.00 or more per unit, and expected useful life of at least one year; and hardback bound books non circulated to students or the general public, with a value or cost of $250.00 or more [for state funds]. 2.3.2.2. Contractors and sub- contractors 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 -I 10) that include; (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the Agency upon request. 2.3.2.3.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. 20 October 2010 NS1P 203.11 - b0 2 2.3.2.4.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 request for proposal (REP) approved by the Agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) with 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 sub - contractors (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. 2.3.2.5.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 of the Agency's Contract Manager. When disposing of property or equipment the contractor must submit a written request for disposition instructions to the respective Contract Manager. 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 (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 2.3.2.6.The Agency's Contract Manager 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). 2.3.2.7.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 (USC). Real property purchases from state fund can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of s.216.348, F.S. 2.3.2.8.Any permanent storage devices (e.g.; hard drives; removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 2.3.2.9.The contractor must adhere to the Agency's procedures and standards when purchasing Information Technology Resources (FIR) 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 department's ITR procedures. 2.4. DELIVERABLES 2.4.1. Service Unit 21 October 2010 2 NSIP 203.11 I6D The contractor shall provide the services described in the contract in accordance with the current Department of Elder Affairs Programs and Services Handbook. The chart below lists the services that can be performed and the unit of measurement: Service Unit of Service Congregate Meals (under OAA and ARRA) 1 Unit = 1 Meal Home Delivered Meals (under OAA and 1 Unit= 1 Meal ARRA) 2.4.2. Reports and Reporting Requirement The contractor shall adhere to the reporting and records management requirements outlined below. The contractor is responsible for responding in a timely fashion to additional routine and /or special requests for information and reports required by the Agency. 2.4.2.2 Client Information and Registration Tracking System (CIRTS) Reports The contractor is required to use CIRTS reports in the web -based CIRTS database system to ensure CIRTS data accuracy. The report categories include: (l) Client Reports; (2) Monitoring Reports: (3) Services Reports; (4) Miscellaneous Reports; (5) Fiscal Reports; (6) Aging Resource Center Reports; and (7) Outcome Measurement Reports. 2.4.2.3 Service Costs Reports The contractor shall submit to the Agency semi - annual service cost reports, which reflect actual costs of providing each service by program. This report provides information and planning and negotiating unit rates. The reports are due August 15 and February 15. 2.3.2.4 Surplus/Deficit Report The contractor will submit a consolidated surplus /deficit report in a format provided by the Agency to the Agency's Contract Manager by the 18th of each month. This report is for all agreements and /or contracts between the contractor and the Agency. The report will include the following: (1) A list of all subcontractors and their current status regarding surplus or deficit; (2) The contractor's detailed plan on how the surplus or deficit spending exceeding the threshold specified by the Agency will be resolved; (3) Recommendations to transfer funds to resolve surplus /deficit spending; (4) Input from the contractor's Board of Directors on resolution of spending issues, if applicable; (5) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5; and (6) Number of clients currently on the APCL designated as Imminent Risk. 2.4.2.5 Records Management and Documentation The contractor will ensure the collection and maintenance of client and service information on a monthly basis from the Client Information and Registration Tracking System (CIRTS) or any such 22 October 2010 NSIP 203.11 160 2 system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. 2.5. PERFORMANCE. SPECIFICATIONS 2.5.1. Outcomes and Outputs (1) The contractor shall submit timely to the Agency all reports describe in Attachment I, Paragraph 2.4.2. Reports; (2) The contractor shall submit timely to the Agency all information described in Attachment I, Paragraph 2.4.3. Records and Documentation; (3) The contractor shall ensure services in this contract are in accordance with the current Department of Elder Affairs Programs and Services Handbook. 2.5.2. Monitoring and Evaluation Methodology 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. 2.5.3 Remedies - Nonconforming Meals and Services The contractor shall ensure that all meals and reimbursed under this agreement are compliant with the prescribed nutritional requirements referenced in ATTACHMENT I, Paragraph 2.1.1.3 — 2.1.1.5. Any nonconforming meals not meeting such nutritional and food origin requirements shall not be eligible for reimbursement under this program. The costs associated with preparing or providing nonconforming meals shall be borne solely by the contractor. The Agency requires immediate notice of any significant and /or systemic infractions that compromise the quality, safety or nutritional value of meals served to clients. 2.6. CONTRACTOR'S FINANCIAL OBLIGATIONS 2.6.1. Use of Service Dollars and Assessed Priority Consumer List Management The contractor is expected to spend all federal, state and other funds provided by the Agency, for the purpose specified in each contract. The contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the contract period for each program managed by the contractor. If the Agency determines that the contractor is not spending service funds accordingly, the Agency may transfer funds to other contractors during the contract period and /or adjust subsequent funding allocations accordingly as allowable under state and federal law. The Agency agrees to distribute funds as detailed in this contract and the service provider's application update. Any changes in the total amounts of the funds identified in this contract, number of meal served or meal rate require a contract amendment. 2.7. AGENCY RESPONSIBILITIES 2.7.1. Agency Obligations 23 October 2010 NSIP 203.11 16D 2.i. L1.Program Guidance and Technical Assistance The Agency will provide to the contractor guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the contractor. 2.7.1.2.Program /Contract Monitoring The Agency shall, at its own discretion, conduct monitoring concerning any aspect of the contractor's performance of this contract. SECTION III: METHOD OF PAYMENT 3.1. STATEMENT OF METHOD OF PAYMENT This is a fixed rate contract. The Agency shall make payment to the contractor for provision of services up to a maximum number of units of service and at the prospective rate stated below: COLLIER Service to be Provided Unit of Service Unit Rate Maximum Units Eligible Congregate and 1 unit= 1 meal $0.68 60,985 Home Delivered Meals (Under OAA and ARRA) The prospective rate is based on the estimated OAA grant award. 3.2. REQUEST FOR PAYMENT 3.2.1. Date for Final Request for Payment (1) The final request for payment will be due to the Agency no later than December 10, 2011. This contract is for services provided during the 2010 Federal Fiscal Year beginning October 1, 2010 through September 30, 2011, however, the contract is in effect through December 10, 2011. The additional three months (October 1, 2011 through December 10, 2011) are to allow rates to be adjusted for the service period. "This contract shall automatically terminate after the final rate for the federal fiscal year has been established and the release of final payments are authorized by the agency. (2) In the event that the final reimbursement rate is greater or less than the rate in Attachment I, Paragraph 3. 1, then this contract shall be appropriately adjusted upon notice from the agency's Contract Manager. 3.2.2. Documentation for Payment 24 October 2010 NSIP 203.11 16D All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and Client Information and Registration 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 DOHA Form I I7aar 4/09, NSIP Request for Reimbursement, (Attachment VII); (2) A CIRTS report must be submitted with DOEA Form 117aar 4/09 as supporting documentation for the total number of meals reported. The CIRTS report must match the number of meals reported on DOEA Form 117aar 4/09; (3) Duplication or replication of the DOHA Form 117aar 4/09 via data processing equipment is permissible but replication must include all data elements in the same format as included on the departmental form; and (4) The due date for the request for reimbursement and report (2) shall be no later than the 10th day of the month following the month being reported except for the final request for reimbursement (December 2011) shall be no later than December 10, 2011. Invoices shall be in sufficient detail for a proper pre -audit and post -audit thereof. The contractor shall maintain documentation to support payment requests that shall be available to the Department of Financial Services or the Agency upon request. Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency or complete and accurate financial and programmatic reports due from the contractor and any adjustments thereto, including any disallowance not resolved as outlined in Paragraph 27 of this contract. 25 October 2010 NSIP 203.11 160 ATTACHMENT II CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency., a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification 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 imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c- . / -2 Signature Date .me of Authorized 42Ae�iy,ev o e Name and DOEA Form 103 (Revised Nov 2002) duall A lication or Agreement Number Approved as to forth & legai Sufficiency Assistant Counts/ Attorne NII ESTI'. 26 I E :13P0. 43: attest as to CiwIr"i s attnature on, October 2010 FINANCIAL AND COMPLIANCE AUDIT 160 2 NSIP 203.11 ATTACHMENT III The administration of resources awarded by the for Southwest Florida, Inc. to the provider may be subject to audits and /or monitoring by the Area Agency on Aging of Southwest Florida, Inc., as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the agency of sta` +, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Area Agency on Aging of Southwest Florida, Inc. In the event the Area Agency on Aging of Southwest Florida, Inc determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Area Agency on Aging of Southwest Florida, Inc to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non -profit organization as defined in OMB Circular A133, as revised. In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Area Agency on Aging of Southwest Florida, Inc by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal resources received from the Area Agency on Aging of Southwest Florida, Inc. The determination of amounts of I ederal awards expended should be in accordance with the gtc 'elines established by OMB Circular A -133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph 1, the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the provider expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Area Agency on Aging of Southwest Florida, Inc., shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Area Agency on Aging of Southwest Florida, Inc., shall be fully disclosed in the audit report with reference to the Area Agency on Aging of Southwest Florida, Inc., agreement involved. If not otherwise disclosed as required by Section .310(6)(2) of OMB Circular A -133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with 27 October 2010 NSIP 203.11 160 the Area Agency on Aging of Southwest Florida, Inc., in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. PART II: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Agency of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Area Agency on Aging of Southwest Florida, Inc by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including sta' financial assistance received from the Area Agency on Aging of Southwest Florida, Inc, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements In connection with the audit requirements addressed in Part II, paragraph 1, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Area Agency on Aging of Southwest Florida, Inc shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Area Agency on Aging of Southwest Florida, Inc shall be fully disclosed in the audit report with ref -ence to the Area Agency on Aging of Southwest Florida, Inc agreement involved. If not otherwise disclosed as required by Rule 691- 5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Area Agency on Aging of Southwest Florida, Inc in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non - profit or for -profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Area Agency on Aging of Southwest Florida, Inc retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: 28 October 2010 Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh W. Schield, Executive Director 15201 N. Cleveland Avenue, Ste 1100 North Fort Myers, Florida 33903 Phone: (239) 652 -6900 NSIP 203.11 260 Z The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Sections .3200, OMB Circular A -133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the AAA at each of the following addresses: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh W. Schield, Executive Director 15201 N. Cleveland Avenue, Ste 1100 North Fort Myers, Florida 33903 Phone: (239) 652-6900 Additionally, copies of financial reporting packages required by Pad 11 of this agreement shall be submitted by or on behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh W. Schield, Executive Director 15201 N. Cleveland Avenue, Ste 1100 North Fort Myers, Florida 33903 Phone: (239) 652 -6900 Th. Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 Any reports, management letter, or other information required to be submitted to the AAA pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the AAA for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the 29 October 2010 NSIP 203.11 16D 2 Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence acc.,mpanying the reporting package. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued, and shall allow the Area Agency on Aging of Southwest Florida, Inc or its designee, the CFO or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made available to the Area Agency on Aging of Southwest Florida, Inc, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Area Agency on Aging of Southwest Florida, Inc. ATTACHMENT III EXHIBIT -1 FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: COLLIER PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Nutrition Services Incentive Program Older Americans Act 93.053 $41,470.00 TOTAL FEDERAL AWARD $41,470.00 30 October 2010 PART I: AUDIT RELATIONSHIP DETERMINATION NSIP 203.11 16D ATTACHMENT III EXHIBIT -2 Prc iders who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A -133, as revised, and/or Section 215,97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and /or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A -133, as revised, and /or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and /or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A -133 and /or Rule 691 - 5.006, FAC, provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A -133 and /or Section 215.97, F.S. X_ Recipient /subrecipient subject to OMB Circular A -133 and/or Section 215.97, F.S. NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691- .006(2), FAC [state financial assistance] and Section _ .400 OMB Circular A -133 [federal awards]. PART If: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A -87)* OMB Circular A -102 - Administrative Requirements OMB Circular A-] 33 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON- PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non -Profit Organizations (Formerly OMB Circular A -122 - Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A -110 - Administrative Requirements) OMB Circular A -133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A -21 - Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A -1 10 - Administrative Requirements) OMB Circular A -133 -Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A -133 Compliance Supplement, Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient /subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 691 -5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 31 October 2010 NSIP 203.11 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an auacament, hereby certifies that: (1) The contractor and any sub - contractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant - funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. 'the inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for property. (2) Management Information Systems used by the contractor, sub- contractor(s), or any outside entity on which the contractor is dependent for data that is to be reported, transmitted m calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non - compliant, contractor(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the contractor (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The contractor and any sub- contractor(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub- contractors shall certify compliance accordingly. This certification 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 imposed by OMB Circulars A102 and 2 CFR Part 215 (formerly OMB Circular A -I 10). Name and Address of Contractor _ , ,�/�3�/� C �� /1I�,e/i�,� �✓ 1110 - Signature Title Date Fai� ame of Authorized Signer Approved as to form & legal sufficiency Colle n Greene, Assistant County Attorney ATTE T DWI T 6R0idk;" 16r ; 32 v At. toi$.,ai' � Cha frQ' IV I V144 tar, f" 04 October 2010 NSIP 203.11 16D ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1) The prospective contractor certifies, by signing this certification, neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal agency or agency, (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective participant '.hall attach an explanation to this certification. _I Signature Title Date fZ!�'/J/.ir� -- Title (Certification signature should be same as Contract signature.) Agency /Organization Instructions for Certification I The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5- 180.1020, as supplemented by 2 CFR 376.10- 376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2 This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the agency may pursue available remedies, including suspension and /or debarment. 3 The contractor will provide immediate written notice to the Contract Manager if at any tune the contractor learns that its ,, ertification was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor may lecide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4 The contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions 5 The contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 6 If the contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the agency may pursue available remedies, including suspension, and /or debarment. 7 The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. (Revised June 2008) Approved as to form & legal sufficiency Colleah Greene, 4ssistant County Attorney 33 OWIi' E. BROK, OF to Cha Iralm 6 October 2010 NSIP 203.11 ATTACHMENT VI ASSURANCES— NON - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget Paperwork Reduction Project (0348- 0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. 1 Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2 Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4 Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C., 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C., U.S.C.. 101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C., 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other 5 Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728 -4763) relating to prescribed standards for merit systems. for programs funded tinder one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 - 7328), which limit the political activities. of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7), the Copeland Act (40 U.S.C. 276c. and 18 U.S.C.. 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), regarding labor standards for federally assisted construction subagreements. 34 October 2010 NSIP 203.11 16D 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is 510,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C., Federal actions to State (Clear Air)] 451 et seq.), (f) conformity of Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as, amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1721 et seq.) related to protecting components or potential, components of the national wild and scenic rivers .system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.. 469a- I et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.4801 et seq.), which prohibits the use of lead - based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, Audits of States, Local Governments, and Non -Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL, TITLE APPLICANT ORGANIZATION DATE SUBMITTED Ag poovtid a�b trr form & 10gai Suffldenc;y �5sr >s Stalit C-Ounty Aftrurneif 1, 9HT B 35 ktWt,- as to Gtatt!'rwA d 4 11tisto r't off I �. 2 October 2010 NSIP 203.11 + 6 D ATTACHMENT VII REQUEST FOR REIMBURSEMENT Nutrition Services Incentive Program American Recovery and Reinvestment Act PROVIDER NAME, ADDRESS, PHONE# and FEID# TYPE OF REPORT: THIS REQUEST PERIOD: Payment Request: From To Regular_ Supplemental Report # Contract # PSA # CERTIFICATION: I hereby certify that to the best of my knowledge the information in this report is accurate and complete and that all outlays reported herein were for purposes set forth in the contract documents. Prepared by: Date: Approved by: Date PART A: REIMBURSEMENT COMPUTATION YEAR TO DATE CURRENT MONTH 1. Number of Meals Served 2. Line 1 Times $ per Meal $ $ 3. Amount to be Reimbursed �_ _ $ PART B: CONTRACT SUMMARY 4. Approved Contract Amount $ 5. Reimbursement Requested through Last Report $ 6. Contract Balance per Last Report $ 7. Amount to be Reimbursed - this report $ B. Contract Balance $ P ART C: ARR (included in above totals) CONGREGATE MEALS HOME DELIVERED MEALS a. Monthly Expenditures $ 10. Year to Date Expenditures $ $ 11. Monthly Meals 12. Year to Date Meals OOEA FO,,, 117a,r 4109 36 October 2010 NS1P 203.11 16 D 2 ATTACHMENT A Department of Elder Affairs Programs & Services Handbook, provided on CD. Also, available at the Department's Intranet site under, "Publications." 37 16D D VERIFICATION OF EMERGENCY PREPAREDNESS PLAN Contract # NSIP 203.11 I, Fred W. Coyle certify that Collier County Board of County Commissioners (Name of authorized contractor representative) (Name of contractor) has a current and properly maintained Emergency Preparedness Plan. Assurance is given that the plan will be made available to the Department of Elder Affairs (DOEA) upon request. i r Signature of authorized contractor representative Chairman Title November 9 2010 Date Approved as to form and legal sufficiency � c t Assistant County Attorney DOEA Contract Manager's Review Initial Date in ATTEST. DW IT E. BfRO 8eik Attest as to 04triawn s 01nature Oct,. 160 2 Attestation Statement Agreement/Contract Number NSIP 203.11 Amendment Number " I, Fred W. Coyle. Chairman attest that no changes or revisions have been made to (Recipient/Contractor representative) the content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida, Inc. 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. Signature of Recipient/Contractor representative Approved as to form and legal sufficiency Cis► Assistant County Attorney Revised April 2010' ATTEST DYVIGIT E.BROCK CN est As to q4tr ,i tin ®tuna wi r`�" b November 9.20 10 Date