Backup Documents 06/09/2009 Item #16D11
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 61J'
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '11
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 hnes #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. Debbi Maxon Housing and Human Services ~ . 6/9/09
2. Donna Fiala, Chairman Board of County Commissioners
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 rilson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCe has acted to approve the
item.)
Name of Primary Staff Debbi Maxon Phone Number 252-2695
Contact Case Mana.ger II
Agenda Date Item was June 9, 2009 Agenda Item Number 16DII
Approved by the BCC
Type of Document 2009 ARRA Contract 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
a ro riate. (Initial A licable)
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, ~
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~
document or the final ne otiated contract date whichever is a Iicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of 'our deadlines!
6. The document was approved by the BCC on 6/9/09 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The f)?y.
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03 04, Revised 1.26.05, Revised 2.24.05
16D11
MEMORANDUM
Date: June 10, 2009
To: Debbie Maxon,
Human & Health Services
From: Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re: 2009 ARRA Contract
Enclosed is three (3) original contracts, as referenced above (Agenda
Item #16Dll) approved by the Board of County Commissioners on
Tuesday, June 9, 2009.
Please forward a fully executed orhdnal to the Minutes and Records
Department for the Board's Records.
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures (3)
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May 2009 ARRA 203.09
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA
ST ANDARD CONTRACT
OAA TITLE III Cl AND C2 NUTRITION SERVICES
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
COLLIER COUNTY HOUSING & HUMAN SERVICES
THIS CONTRACT is entered into between the Area Agency on Aging, hereinafter referred to as the
"Agency," and Collier County Housing and Human Services., 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 A TT ACHMENT
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), area planes), grant agreements, relevant
Department of Elder Affairs 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 May I. 2009 or on the date on which the contract has been signed
by the last party required to sign it, whichever is later. It shall end at midnight, local time in
Tallahassee, Florida, on September 30. 20 I O.
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 $68,901.84, 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. Compliance with Federal Law
5.1 If this contract contains federal funds the following shall apply:
5.1.1 The provider shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other
applicable regulations.
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5.1.2 If this contract contains federal funds and is over $100,000.00, the contractor shall comply with
all applicablestandards, 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 1 I 738, as amended, and where applicable
Environmental Protection Agency regulations 40 CFR 30. The contractor shall report any
violations of the above to the agency.
5.1.3 The contractor, or agent acting for the contractor, may not use any federal funds received in
connection with this contract to influence legislation or appropriations pending before the
Congress or any State legislature. If this contract contains federal funding in excess of
$100,000.00, the contractor must, prior to contract execution, complete the Certification
Regarding Lobbying form, A TT ACHMENT II. All disclosure forms as required by the
Certification Regarding Lobbying form must be completed and returned to the agency, prior to
payment under this contract.
5.1.4 That if this contract contains $10,000.00 or more of federal funds, the contractor shall comply
with Executive Order I 1246, 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.
5.1.5 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).
5.1.6 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 OMBguidelines at 2 CFR 180 that implement Executive
Orders 12549 and 12689, "Debarment and Suspension." TheExcluded 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 A TT ACHMENT V prior to the execution of this contract.
5.2 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.
6. Comoliance with State Law
6.1 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.
6.2 Requirements ofs. 287.058, F.S.
6.2. I The contractor will provide units of deliverables, including reports, findings, and drafts, as
specified in this contract, which the agency must receive and accept in writing prior to
payment.
6.2.2 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.
6.2.3 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.
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May 2009 ARRA 203.09
6.2.4 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.
6.3 If clients are to be transported under this contract, the contractor shall comply with the provisions
of Chapter 427, F.S., and Rule 41-2, F. A. C.
6.4 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.
6.5 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.
7. 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 of the
grievance procedure and an opportunity for review of the subcontractor's
determinations).
8. Audits. Inspections. Investie:ations. Public Records and Retention
8.1 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.
8.2 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 to the agency.
8.3 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 8.2.
8.4 To assure that the records described in Paragraph 8 shall be subject at all reasonable times to
inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by
the agency.
8.5 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 and documents
pertinent to this specific contract, regardless of the form in which kept.
8.6 To provide a financial and compliance audit to the agency as specified in this contract and in
A TT ACHMENT III and to ensure that all related party transactions are disclosed to the auditor.
8.7 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.
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May 2009 ARRA 203.09
9. Nondiscrimination-Civil Riehts Compliance
9.1 The contractor will execute assurances in A IT ACHMENT 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.
9.2 The contractor will retain, on file, during the term of this agreement a timely, complete and
accurate Civil Rights Compliance Checklist (A IT ACHMENT B).
9.3 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.
9.4 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.
10. Provision of Services
The contractor will provide services in the manner described in A IT ACHMENT 1.
11. Monitorine bv the Aeencv
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.
12. Indemnification
12.1 Subject to the limits of section 768.28, F.S., 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.
13. Insurance and Bondine
13.1 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
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May 2009 ARRA 203.09
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.
13.2 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.
14. Confidentialitv 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.
15. Health Insurance Portabilitv and Accountabilitv 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).
16. Incident Reportine:
16.1 The contractor shall notify the agency immediately, but no later than forty-eight (48) hours from,
the contractor's awareness or discovery of conditions that may materially affect the contractor
or subcontractor's ability to perform the services required to be performed under this contract.
16.2 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 (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this
provision is binding upon both the contractor and its employees.
17. Sponsorship and Publicity
17.1 As required by s. 286.25, F.S., if the contractor is a non-governmental organization which
sponsors a program financed wholly or in part by state funds, including any funds obtained
through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the
program, state: "Sponsored by (contractor's name), The Area Agency on Aging for Southwest
Florida, 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 Southwest Florida, Inc
and the State of Florida, Department of Elder Affairs" shall appear in at least the same size
letters or type as the name of the organization.
17.2 The contractor shall not use the words "The State of Florida, Department of Elder Affairs" to
indicate sponsorship of a program otherwise financed, unless, specific authorization has been
obtained by the department prior to use.
18. Assie:nments
18.1 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
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May 2009 ARRA 203.09
sublicense, assignment, or transfer otherwise occurring without prior written approval of the
agency will constitute a material breach of the contract.
18.2 The State of 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 governmental agency in the State of
Florida, upon giving prior written notice to the contractor. In the event the State of Florida
approves transfer of the contractor's obligations, the contractor remains responsible for all
work performed and all expenses incurred in connection with the contract.
18.3 This contract shall remain binding upon the successors in interest of either the contractor or the
agency.
19. Subcontracts
19.1 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.
19.2 The contractor shall promptly pay any subcontractors upon receipt of payment from the agency
or 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.
20. 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.
21. 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 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 for budgetary approval and processing.
Disputes arising over invoicing and payments will be resolved in accordance with the
provisions of s. 215.422 F.S. A Vendor Ombudsman has been established within the
Department of Financial Services and may be contacted at (850) 413-5665.
22. Return of 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 agency
will notify the contractor by letter of such findings. Should repayment not be made forthwith,
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May 2009 ARRA 203.09
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.
23. Data Inte2ritv and Safel!uardinl! 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 requirements, 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 A TT ACHMENT IV prior to the execution of
this contract.
24. 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 oragents will neither
solicit nor accept gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties to subcontracts. The contractor's board members and management must
disclose to the agency any relationship which may be, or may be perceived to be, a conflict of
interest within thirty (30) calendar days of an individual's original appointment or placement in
that position, or if the individual is serving as an incumbent, within thirty (30) calendar days of
the commencement of this contract. The contractor's employees and subcontractors must make
the same disclosures described above to the contractor's board of directors. Compliance with
this provision will be monitored.
25. 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 ona contract to provide any goods or services to
a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids, proposals,
or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017, F.S.,
for CATEGORY TWO for a period of 36 months following the date of being placed on the
convicted vendor list.
26. Purchasiol!
26.1 To purchase articles which are the subject of or are required to carry out this contract from Prison
Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter
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May 2009 ARRA 203.09
946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2)
and (4), F.S. For purposes of this contract, the contractor shall be deemed to be substituted for
the agency insofar as dealings with PRIDE. This clause is not applicable to subcontractors
unless otherwise required by law. An abbreviated list of products/services available from
PRIDE may be obtained by contacting PRIDE, (800) 643-8459.
26.2 To procure any recycled products or materials, which are the subject of or are required to carry
out this contract, in accordance with the provisions ofs. 403.7065 and 287.045, F.S.
27. Patents. Copvri!!hts. Rovalties
If any discovery, invention or copyrightable material is developed or produced in the course of
or as a result of work or services perfonned under this contract, the contractor shall refer the
discovery, invention or material to the agency to be referred to the Department of State. Any
and all patent rights or copyrights accruing under this contract are hereby reserved to the State
of Florida in accordance with Chapter 286, F.S.
28. Emer!!encv Preparedness and Continuity of Operations
28.1 If the tasks to be perfonned pursuant to this contract, include the physical care and control of
clients, or the administration and coordination of services necessary for client health, safety or
welfare, the contractor shall, within thirty (30) calendar days of the execution of this contract,
submit to the agency verification of an emergency preparedness plan. In the event of an
emergency, the contractor shall notify the agency of emergency provisions.
28.2 In the event, a situation results in a cessation of services by a subcontractor, the contractor will
retain responsibility for perfonnance under this contract and must follow procedures to ensure
continuity of operations without interruption.
29. PUR 1000 Form
The PUR 1000 Fonn is hereby incorporated by reference. In the event of any conflict between
the PUR 1000 Fonn and any tenns or conditions of this contract the tenns or conditions of this
contract shall take precedence over the PUR 1000 Fonn. However, if the conflicting tenns or
conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the tenns
or conditions contained in the PUR 1000 Fonn shall take precedence.
30. 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.
31. Dispute Resolution
Any dispute concerning perfonnance of the contract shall be decided by the agency, who shall
reduce the decision to writing and serve a copy on the contractor.
32. No Waiver of Soverei!!n 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.
33. Venue
If any dispute arises out of this contract, the venue of such legal recourse will be Lee County,
Florida.
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34. 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.
35. 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.
36. Severabilitv 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.
37. 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.
38. AdditionIDeletion
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.
39. 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.
40. 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.
41. Final Invoice
The contractor shall submit the final invoice for payment to the agency as specified in
Paragraph 3.2.5 (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.
42. Renee:otiations 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.
9
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May 2009 ARRA 203.09
43. Termination
43.1 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 agency or the
representative of the contractor responsible for administration of the contract.
43.2 In the event funds for payment pursuant to this contract become unavailable, the agency may
terminate this contract upon no less than twenty-four (24) hours notice in writing to the
contractor. Said notice shall be delivered by U.S. Postal Service or any expedited delivery
service that provides verification of delivery or by hand delivery to the agency 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.
43.3 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.
43.4 Failure to have performed any contractual obligations with the agency in a manner satisfactory
to the agency will be a sufficient cause for termination. To be terminated as a contractor under
this provision, the contractor must have (1) previously failed to satisfactorily perform in a
contract with the agency, been notified by the agency of the unsatisfactory performance and
failed to correct the unsatisfactory performance to the satisfaction of the
agency; or (2) had a contract terminated by the agency for cause.
44. Official Payee and Representatives (Names. Addresses. and Telephone Numbers):
The recipient name, as shown on page 1 of this Collier County Board of County Commissioners
a. contract, and mailing address of the official Housing & Human Services Department
3301 Tamiami Trail East
payee to whom the payment shall be made is: Naples, FL 34112
Terri Daniels, Accounting Supervisor
The name of the contact person and street Collier County Board of County Commissioners
b. address where financial and administrative Housing & Human Services Department
records are maintained is: 3301 Tamiami Trail East, B1dg H, Room 211
Naples, FL 34112
(239) 252-2689 Fax (239) 252-2638
Marcy Krumbine, Director
The name, address, and telephone number of the Collier County Board of County Commissioners
c. representative of the recipient responsible for Housing & Human Services Department
administration of the program under this 3301 Tamiami Trail East, Bldg H, Room 211
contract is: Naples, FL 34112
(239) 252-2273 Fax (239) 252-2638
The section and location within the Agency Area Agency on Aging for Southwest Florida, Inc.
Fiscal Department
d. where Requests for Payment and Receipt and 2285 First Street
Expenditure forms are to be mailed is: Fort Myers, Florida 33901
10
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May 2009 ARRA 203.09
Leigh Wade-Schield, Executive Director
e. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc.
Agency for this contract is: 2285 First Street
Fort Myers, Florida 33901
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.
45. All Terms and Conditions Included
This contract and its Attachments, I-X, 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 46 page contract, to be executed by their
undersigned officials as duly authorized.
VENDOR:
COLLIER COUNTY HOUSING
AND HUMAN SERVICES
By:
~ ..
." BOARD ~OUNlY COMMISSIONERS
, '. '" ..' ...,.r-J'\l.'l COLLI~ UNTY, FL'dA ~
I " ~; fl.J ;: r', : 'f ~;
Approved as to form and By: ."~ ~
legal sufficiency: DONNA FIALA, CHAIRMAN
~~ Date: June 9, 2009
Assistant County A orney
, .. . . .. .. .. .. .
.. .. .. .. .. .. .. .. .
AREA AGENCY ON AGING FOR ' . . . . . . . .
. . . . . . . . .
, . . . . . . . .
. . . . .. .. .. .. .
SOUTHWEST FLORIDA, INC. ' .. .. .. .. .. .. .. ..
~.
. .... ..........
. .
. .
. .... ..........
SIGNED BY: .. .... ..........
. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. ..
. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. . .. ..
. .. .. .. .. .. .. . ..
.. .. .. .. .. .. .. .. ..
NAME: John Koehler
TITLE: Immediate Past Board President
DATE:
FEDERAL ID NUMBER 59-6000558
FISCAL YEAR-END DATE: 9/30
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May 2009 ARRA 203.09
INDEX TO CONTRACT A TT ACHMENTS
A TT ACHMENT A TT ACHMENT DESCRIPTION
PAGE
A TT ACHMENT I STATEMENT OF WORK 13-22
EXHIBIT A ARRA SERVICES REPORT 23-25
A TT ACHMENT II CERTIFICATION REGARDING LOBBYING 26
A TT ACHMENT III FINANCIAL COMPLIANCE AUDIT A TT ACHMENT 27-32
A TT ACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE 33
A TT ACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 34
INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
A TT ACHMENT VI ASSURANCES - NON CONSTRUCTION PROGRAMS 35-36
A TT ACHMENT VII ARRA NUTRITION SERVICES PROGRAM BUDGET SUMMARY 37
A TT ACHMENT VIII CONTRACT REPORT CALENDAR COST REIMBURSMENT BASIS 38
SCHEDULE
ATTACHMENT IX-A RECEIPTS AND EXPENDITURE REPORT ~ TITLE CI 39
ATTACHMENT IX-B RECEIPTS AND EXPENDITURE REPORT - TITLE C2 40
A TT ACHMENT X REQUEST FOR PAYMENT 41
A TT ACHMENT A DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES 42
HANDBOOK (ON CD)
A TT ACHMENT B DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE 43-46
CHECKLIST AND INSTRUCTIONS
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May 2009 ARRA 2!.~ D 11
A TT ACHMENT I
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA
ST ANDARD CONTRACT
OAA TITLE HI CI and C2 NUTRITION SERVICES
STATEMENT OF WORK
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
SECTION I: SERVICES TO BE PROVIDED
1.1 DEFINITIONS OF TERMS AND ACRONYMS
1.1.1 CONTRACT ACRONYMS
AAA: Area Agency on Aging
ARRA: American Recovery and Reinvestment Act of 2009
APCL: Assessed Priority Consumer List
CIRTS: Client Information and Registration Tracking System
OAA: Older Americans Act
NSIP: Nutrition Services Incentive Program
PSA: Planning and Service Areas
WebDB: Web-based Database System
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.
Area Plan: A plan developed by the area agency on aging 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 and agency instructions.
Area Plan Update: A revision to the area plan wherein the Area Agency on Aging enters
OAA specific data in the web-based database system (WebDB). An update may also include
other revisions to the area plan as instructed by the Department of Elder Affairs.
Nutrition Services Incentive Program: The Nutrition Services Incentive Program 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 to eligible clients under the Older Americans Act. Florida has opted for cash payments
in lieu of donated foods.
1.2 AGENCY 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.
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May 2009 ARRA 203.09
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.
1.3 GENERAL DESCRIPTION
1.3.1 General Statement
The American Recovery and Reinvestment Act (ARRA) enacted by Congress and signed into law
by the President on February 17, 2009, is intended to preserve and create jobs, promote the
nation's economic recovery, and assist those most impacted by the recession. Title III of the Older
Americans Act makes available $97 million to State Units on Aging (SUA) to help meet the
additional need and demand for meals.
The primary purpose of the OAA, Title III-C program is to provide nutrition services for older
Americans in order to help them maintain their health, independence and quality of life. The
ARRA funds will provide meals to seniors in need of food; restore nutrition services that have
been cut; and increase the number of elder Floridians receiving congregate and home-delivered
meals.
1.3.2 Authoritv
The relevant references authority governing the ARRA program are:
(1) American Recovery and Reinvestment Act of 2009, P.L. 111-5
(2) Older Americans Act of2006, as amended;
(3) Rule 58A-I, Florida Administrative Code; and
(4) Section 430.101, Florida Statutes.
1.3.3 Scope of Service
The Agency is responsible for the programmatic, fiscal and operational management of the OAA,
Title III CI and C2 stimulus programs within its designated Planning and Service Areas (PSAs).
The scope of service includes planning, coordinating and assessing the needs of older persons,
and assuring availability and quality of services. These services shall be provided in a manner that
ensures Recovery Act funding is used to supplement, not supplant current congregate and home-
delivered meals activity.
The services shall be provided in a manner consistent with and described in the current agency's
areas plan update and the current Department of Elder Affairs Programs and Services Handbook,
(ATTACHMENT A).
1.3.4 Incorporation of Prol!ram Materials
The contractor will comply with program requirements as outlined in the following documents
which are incorporated into this agreement by reference.
(1) OAA, Title Ill, Section 331, C-I Congregate Nutrition Services;
(2) OAA, Title Ill, Section 336, C-2 Home-Delivered Nutrition Services;
(3) DOEA Program Instructions for entering ARRA nutrition services in CIRTS;
(4) Notice of Award - ARRA 2009, Congregate Nutrition Services; and
(5) Notice of Award - ARRA 2009, Home-Delivered Nutrition Services.
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May 2009 ARRA 203.09
1.3.5 Maior Pro2ram Goals
The major goals of the OAA, Title III Cl and C2, Stimulus Program are to:
(1) Improve the quality of life for older individuals;
(2) Increase the number persons receiving congregate and home-delivered meals;
(3) Reduce hunger and food insecurity by addressing unmet needs in historically underserved
communities: and
(4) Support Title III C nutrition services initiatives, including provision of meals and nutrition
education.
1.4 INDIVIDUALS TO BE SERVED
1.4.1 General Description
General factors that should be considered in establishing priority for ARRA Nutrition Services,
both congregate and home-delivered, include those older persons who:
(I) Cannot afford to eat adequately;
(2) Lack the skills or knowledge to select and prepare nourishing and well-balanced meals;
(3) Have limited mobility which may impair their capacity to shop and cook for themselves; or
(4) Have a disabling illness or physical condition requiring nutritional support or have been
screened at a high nutritional risk.
1.4 .1.2 ARRA. Con2re2ate Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed to
A TT ACHMENT I, Paragraph 104. I, individuals must be mobile, not homebound and physically,
mentally and medically able to attend a congregate nutrition program. Individuals eligible to
receive congregate meals include:
(I) Individuals age 60 or older; and
(2) Any spouse (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) Disabled persons who reside at home with and accompany an eligible person to the dining
center; and
(5) Volunteers, regardless of age, who provide essential services on a regular basis during meal
hours.
1.4.1.3 ARRA. Home-Delivered Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed to
ATTACHMENT I, Paragraph 1.4.1, individuals must be homebound and physically, mentally
or medically unable to attend a congregate nutrition program. Individuals eligible to receive
home- delivered meals include:
(1) Individuals age 60 or older who are frail and homebound by reason of illness, disability or
isolation;
(2) The 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 disabilities, regardless of age, who reside 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 persons at nutritional risk
who are socially or otherwise isolated and unable to attend a congregate nutrition site.
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May 2009 ARRA 203.09
1.4.2 Tar2eted Groups
Preference shall be given to those with the greatest economic and social need, with particular
attention to low-income older individuals, including those that are minorities, have limited
English proficiency, and older individuals residing in rural areas. ARRA funds will be used to
increase the number of congregate and home-delivered meals served to targeted groups within the
PSA and will restore jobs that may have been eliminated or reduced as a result of the economic
downturn.
1.4.3 Contract Limits
Eligible program participants shall be served during the agreement period beginning May 1,2009
and ending September 30,2010. A contractor receiving funds from the ARRA stimulus package
must develop systems of internal and administrative control to both track and report expenditures
relative to the receipt and use of the funds as well as ensuring that expenditures are properly
authorized prior to submittal of requests for reimbursement. No more than 10 of the funding can
be used for congregate meal screening, nutrition counseling and screening/assessment for home-
delivered meals and nutrition education
SECTION II: MANNER OF SERVICE PROVISION
2.1 SERVICE TASKS
The contractor is responsible for the administrative tasks associated with the expansion of
services to new underserved clients affected by the economic recession. To achieve the goals of
the ARRA program, the contractor shall ensure the following tasks are performed:
(1) Client eligibility determination as listed in A TT ACHMENT I, Paragraph 1.4;
(2) Targeting and screening of service delivery for new clients;
(3) Delivery of services to eligible clients;
(4) Use of volunteers to expand the provision of available services;
(5) Documentation of the restoration of jobs that were eliminated or reduced as a result of the
economic downturn; and
(6) Monitoring the performance of its subcontractors.
2.1.1 Tar2etin2 and Screenin2 of Service Deliverv for New Clients
The contractor shall develop and implement policies and procedures consistent with OAA
targeting and screening criteria for ARRA funded clients.
2.1.2 Deliverv of Services to Eli2ible Clients
The contractor shall provide a continuum of services that meet the nutritional needs of elders. The
contractor shall perform and report the performance of services In accordance with
A TT ACHMENT A. The services funded pursuant to this contract are in accordance with the
ARRA and OAA, Title III sections 331 and 336.
2.1.2.1 Con2re2ate Nutrition Services
Nutrition services are provided in congregate settings and are designed to reduce hunger and food
insecurity, promote socialization and the health and well being of older individuals by assisting
them to gain access to nutrition and other disease prevention and health promotion services.
Services include:
(1) Congregate meals;
(2) Congregate meals screening; and
(3) Nutrition education and nutrition counseling.
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May 2009 ARR~2oq 11
2.1.2.2 Home-Delivered Nutrition Services
In-home nutrition services are provided to reduce hunger and food insecurity; promote
socialization and the health and well being of older individuals by assisting such individuals to
gain access to nutrition and other disease prevention and health promotion services. Services
include:
(1) Home-delivered meals;
(2) Nutrition education and counseling; and
(3) Screening! Assessment.
2.1.3 Monitorim! the Performance of Contractors
The agency shall perfonn fiscal, administrative and programmatic monitoring of each contractor
to ensure contractual compliance, fiscal accountability, programmatic perfonnance, and
compliance with applicable state and federal laws and regulations. The agency shall conduct at
least one monitoring per year of each contractor.
2.2 SERVICE LOCATION AND EQUIPMENT
2.2.1 Service Times
The contractor shall ensure the provision of the services listed in the contract during normal
business hours unless other times are more appropriate to meet the perfonnance requirements of
the contract, and it shall monitor its subcontractors to ensure they are available to provide services
during hours responsive to client needs and during those times which best meet the needs of the
relevant service community.
2.2.2 Chanees in Service Deliverv Location or Service Times
The contractor shall provide the agency with 30 days notice of any plan temporarily or
pennanently hanging any service delivery location or service times. Any changes to the service
delivery location or service times must have the approval of the agency.
2.3 Equipment
2.3.1 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
nonconsumable 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 not circulated to students or the general
public, with a value or cost of$250.00 or more [for state funds].
2.3.2 Contractors and sub-contractors who are 1nstitutions of Higher Education, Hospitals, and Other
Non-Profit Organizations shall have written property management standards in compliance with 2
CFR Part 215 Administrative Requirements (fonnerly OMB Circular A-II 0) 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.
2.3.3 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 infonnation:
(I) A description of the equipment;
(2) Manufacturer's serial number, model number. Federal stock number, national stock number,
or other identification number;
(3) Source ofthe equipment, including the award number;
17
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May 2009 ARRA 203.09
(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) Infonnation 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 infonnation was reported;
(8) Unit acquisition cost; and
(9) Ultimate disposition data, including date of disposal and sales price or the method used to
detennine current fair market value where a contractor compensates the Federal awarding agency
for its share.
2.3.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment
purchased with state funds with an acquisition cost over $1,000.00 that is specifically identified in
the area plan approved by the agency is part of the cost of carrying out the activities and functions
of the grant awards and Title (ownership) will vest in the contractor, subject to the conditions of 2
CFR Part 215 Administrative Requirements (formerly OMB Circular A-I 10), 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-I.0017, F. A. C. or Title 45 CFR Part 74.
2.3.5 The contractor shaH 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. When disposing of property or equipment the contractor must submit a written request
for disposition instructions to the agency. 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.).
2.3.6 The agency 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-II 0).
2.3.7 Real property means land (including land improvements), buildings, structures and appurtenances
thereto, but excludes movable machinery and equipment. Real property may not be purchased
with state or federal funds through agreements covered under this contract without the prior
. approval of the agency. Real property purchases from Older Americans Act funds are subject to
the provisions of Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b United States Code
(USe). Real property purchases from state funds can only be made through fixed capital outlay
grants and aids appropriations and therefore are subject to the provisions of section 216.348, F. S.
2.3.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted
and tested prior to disposal to ensure no confidential information remains.
2.3.9. The contractor must adhere to the agency's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference.
An ITR worksheet is required for any computer related item costing $1,000.00 or more, including
data processing hardware, software, services, supplies, maintenance, training, personnel and
facilities. The completed ITR worksheet shaH be maintained in the LAN administrator's file and
must be provided to the agency upon request. The contractor has the responsibility to require any
subcontractors to comply with the agency's ITR procedures.
18
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May 2009 ARRA 203.09
2.4 DELIVERABLES
Service U nit of
Service
Congregate Meal Screening
Nutrition Counseling Hour
Screenin Assessment for Home-Delivered Meals
Con re ate and Home Delivered Meal Meal
Nutrition Education E isode
2.5 Reports
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.
2.5.1 Client Information and Reeistration Trackine System (CIRTS) Reports
The contractor is required to use CIRTS reports in the web-based CIRTS database system to
ensure 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.
In addition to utilizing the above reports, the contractor shall track separately those services
which are provided through "Recovery Act" funding. The nutrition program CIRTS input codes
to be used to track ARRA Program activity shall be as follows:
(1) ARRl - for all authorized congregate meals services; and
(2) ARR2 - for all authorized home-delivered meals services.
2.5.2 SurpluslDeficit Report
The agency will submit a consolidated surplus/deficit report in a format provided by the
Department of Elder Affairs to the Department of Elder Affairs by the 25th of each month. This
report is for all agreements and/or contracts between the contractor and the agency. The report
shall include the following:
(1) A list of all subcontractors and their current status regarding surplus/deficit;
(2) The contractor's detailed plan on how the surplus/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 agency'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.
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May 2009 ARRA 203.09
2.5.3 ARRA Services Reports
The agency shall develop and ensure providers submit detailed ARRA reports in accordance
with the requirements set forth in Exhibit A to A TT ACHMENT I. Reports shall be submitted
with the request for reimbursement no later than the 2nd day of the month following the month
being reported or as specified in ATTACHMENT VIII.
2.5.4 Nutrition Services Incentive Prol!ram (NSIP) Reports
The agency shall ensure that ARRA meal providers which serve Nutrition Services Incentive
Program (NSIP) eligible meals will seek NSIP reimbursement for eligible ARRA meals. Eligible
meals are meals:
(I) That meet the Older Americans Act (OAA) nutritional requirements,
(2) Are served by OAA providers; and
(3) Served to OAA eligible clients.
The agency will ensure that ARRA eligible meals will be included on the monthly NSIP CIRTS
report that is submitted with the monthly NSIP expenditure and requests for payment report.
2.6 Records and Documentation
The agency will ensure the collection and maintenance of client and service information on a
monthly basis from the CIRTS or any such system designated by the agency. Maintenance
includes valid exports and backups of all data and systems according to agency standards.
2.6.1 Each contractor, among other requirements, must anticipate and prepare for the loss of information
processing capabilities. The contractor shall maintain written policies and procedures for
computer system backup and recovery and shall have the same requirement in its contracts and/or
agreements with subcontractors. These policies and procedures shall be made available to the
agency upon request.
2.6.2 Each contractor, among other requirements, must maintain separate and distinct records of the use
of ARRA funds, including the number of meals served, number of people served; and the number
of jobs created, retained or expanded from part-time to full-time accordance with Exhibit A to
A TT ACHMENT I.
2.7 PERFORMANCE SPECIFICATIONS
2.7.1 Outcomes and Outputs
(1) The contractor shall timely submit to the agency all reports described in A TT ACHMENT I,
Paragraph 2.5, REPORTS;
(2) The contractor shall timely submit to the agency all information described III
A TT ACHMENT I, Paragraph 2.6, RECORDS AND DOCUMENT A nON;
(3) The contractor shall ensure services in this contract are in accordance with ATTACHMENT
A and this contract.
2.7.2 Monitorinl! and Evaluation Methodolo2V
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.
2.8 CONTRACTOR'S FINANCIAL OBLIGATION
2.8.1 Matchinl!. Level of Effort. and Earmarkinl! Reauirement
The agency will assure, through a provision in subcontracts, a match requirement of at least 10
percent of the cost for all services funded through this contract. The subcontractor's match will be
20
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T6n
May 2009 AR;A 203.0911
made in the form of cash and/or in-kind resources. Match must be reported by service each
month. At the end of the contract period, all ARRA funds must be properly matched. Use of
other federal program dollars cannot be used to match ARRA funds.
2.8.2 Consumer Contributions
(l) The contractor assures compliance with Section 315 of the Older Americans Act as amended
in 2006, in regard to consumer contributions;
(2) Voluntary contributions are not to be used for cost sharing or matching;
(3) Accumulated voluntary contributions are to be used pnor to requesting federal
reimbursement; and
(4) Voluntary contributions are to be used only to expand services.
2.8.3 The agency agrees to distribute funds as detailed in the area plan update and the Budget
Summary, ATTACHMENT VII to this contract. Any changes in the amount of federal funds
identified on the Budget Summary form require a contract amendment.
2.8.4 ARRA Fund Limitations
ARRA funds for nutrition services for the elderly are time-limited and do not include any
recurring funding beyond the grant period. All ARRA grant funds must be budgeted in the same
congregate or home-delivered meal category as awarded. ARRA funds are primarily to be used to
increase the number of eligible clients receiving congregate and home-delivered meals. ARRA
funding for other nutrition services (screening, counseling and education) must not exceed 10
percent of the total ARRA funding. The agency shall ensure that contractors have plans in place
for client service provision and staff transition after the ARRA grant period ends.
2.9 AGENCY RESPONSIBILITIES
2.9.1 Pro2ram 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.
2.9.2 Contract Monitorin2
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 cost reimbursement contract. The agency agrees to pay for contracted services according
to the terms and conditions of this contract in an amount not to exceed $252,640.08, subject to the
availability of funds.
3.2 REOUESTS FOR PAYMENT
The contractor shall consolidate all requests for payment and expenditure reports that support
requests for payment and shall submit to the agency on forms 105ARRI (ATTACHMENT IX-
A), 105ARR2 (ATTACHMENT IX-B), 106ARRA (A TT ACHMENT X). Duplication or
replication of both forms via data processing equipment is permissible, provided all data elements
are in the same format as included on agency forms.
3.2.1 The due date for the request for reimbursement and report(s) shall be no later than the 2nd day of
the month following the month being reported or as specified in ATTACHMENT VIII.
3.2.2 All payment requests shall be based on the submission of actual monthly expenditure reports
beginning with the first month of the contract.
21
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16Dll
May 2009 ARRA 203.09
3.2.3 Any payment due by the agency under the terms of this contract may be withheld pending the
receipt and approval of all financial and programmatic reports due from the contractor and any
adjustments thereto, including any disallowance not resolved as outlined in Paragraph 21 of this
contract.
3.2.4. Payment may be authorized only for allowable expenditures, which are in accordance with the
limits specified in ATTACHMENT VII, Budget Summary. Any changes in the amounts of
federal or general revenue funds identified on the Budget Summary form require a contract
amendment.
3.2.5 Date for Final Request for Payment
The final request for payment will be due to the agency no later than October 22.2010.
3.2.6 Documentation for Payment
The contractor shall maintain documentation to support payment requests that shall be available
to the agency or authorized individuals, such as Department of Financial Services, upon request.
3.2.7 The agency shall ensure contractors enter all required data per the agency's CIRTS Policy
Guidelines for clients and services in the CIRTS database. Data must be entered into CIRTS
before the contractors submit their request for payment and expenditure reports to the contractor.
The contractor shall establish time frames to assure compliance with due dates for the requests for
payment and expenditure reports to the agency.
3.2.8 The agency will require contractors to run monthly CIRTS reports and verify that client and
service data in CIR TS is accurate. This report must be submitted to the agency with the monthly
request for payment and expenditure report and must be reviewed by the agency before the
contractor's request can be approved by the agency.
22
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16D 11
May 2009 ARRA 203.09
A TT ACHMENT II
CERTlFICA nON REGARDING LOBBYING
CERTIFICA nON 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 legislature, 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 shaH complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) 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 shaH complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
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 shaH be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00
fm7f~ ~~ June 9, 2009
Signature Date:
Donna Fiala, Chairman ARRA 203.09
Name of Authorized Individual Application or Agreement Number
Collier County Board of County Commissioners .j::iLJ.
3301 Tamiami Trail East ATTEST:
Naples, Florida 34112 OWl TE.~ROC~~~
Name and Address of Organization
C~7vJ ~
.1,(t(~.W t:'1<;,.... l' .-
. . '" ....~
Assistant County Attorney '"'\ "<" '.:~, . <..."
./ ,':, ~ ) ~
DOEA Form 103
(Revised Nov 2002)
26
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16D 11
May 2009 ARRA 203.09
ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the Area Agency on Aging of 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 staff, 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 Director of Finance of the Area Agency on Aging of
Southwest Florida, Inc.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB
Circular A 133, as revised.
In the event that the provider expends $500,000.00 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 ofOMB Circular A-133,
as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the Department of Elder
Affairs 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 Department of Elder Affairs. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the
provisions ofOMB Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of OMB Circular A-I33, as revised.
If the provider expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less
than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A 133, as revised, the cost of the audit must be paid from non-Federal resources (i.e.,
the cost of such audit must be paid from 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. shalI 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(b)(2) of OMB Circular A-I33, as revised, the
27
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l'6n 1
May 2009 ARRA 203.09 1
schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement
with the Department of Elder Affairs 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
$500,000.00 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 Department of Financial Services; and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
agreement indicates state financial assistance awarded through the Department of Elder Affairs 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 state financial assistance received from the Department of Elder Affairs, 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 shaU 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 $500,000.00 in state financial assistance in its fiscal year (for fiscal years ending
September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, is not required. In the event that the provider expends less than $500,000.00 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, 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. AU 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 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 aU
right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document
and pursuant to law.
28
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16Dll
May 2009 ARRA 203.09
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-I33, 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 each of the following addresses:
Leigh Wade-Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by
Sections .320 (d)(I) and (2), OMB Circular A-I33, 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
Jefferson, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-I33,
as revised.
Pursuant to Sections .320(t), OMB Circular A-I33, 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 Area Agency on Aging of Southwest Florida, Inc. at each of the following addresses:
Leigh Wade-Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on
behalf of the provider directly to each of the following:
The Area Agency on Aging of Southwest Florida, Inc. at each of the following addresses:
Leigh Wade-Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the Area Agency on Aging for
Southwest Florida, Inc. 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.
29
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16n 11
May 2009 ARRA 203.09
Providers, when submitting financial reporting packages to the Area Agency on Aging for Southwest Florida, Inc.
for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (iocal governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the provider in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its and the Area Agency on Aging's 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 for Southwest Florida, Inc. or its designee, the Director of Finance access to such records upon
request. The provider shall ensure that audit working papers are made available to the Area Agency on Aging for
Southwest Florida, Inc. or its designee, Director of Finance 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 for Southwest Florida, Inc.
30
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16Dl1
May 2009 ARRA 203.09
ATTACHMENT III
EXHIBIT -1
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS
CONSIST OF THE FOLLOWING:
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Pro~ Title Funding Source CFDNCSF A Amount
Title III C 1 (ARRA)Congregate U.S. Health and Human 93.707
Meals Services $49,023.72
Title III C2 (ARRA) Home U.S. Health and Human 93.705
Delivered Meals Services $19,878.12
TOTAL FEDERAL AWARD: $68,901.84
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
31
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l6n 11
May 2009 ARRA 203.09
A TT ACHMENT III
EXHIBIT -2
PART I: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources mayor may not be subject to the audit requirements of OMS 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 I are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMS
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 OMS Circular A-133 and/or Rule 691-5.066, FAC, provider has been determined to be:
_Vendor or exempt entity and not subject to OMS Circular A-133 and/or Section 215.97, F.S.
_X_Recipient/subrecipient subject to OMS Circular A-133 and/or Section 25.97, F.S.
NOTE: If a provider is determined to a recipient/subrecipient of federal and or state financial assistance and has been approved
by the Agency to subcontract, they must comply with Section 2 15.97(7), F.S., and Rule 691 -.006(2), F AC [state financial
assistance] and Section_ADO OMS Circular A-133 [federal awards].
PART II: 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, Loca] and Indian Tribal Governments (Formerly OMS Circular A-
87)*
OMS Circular A-I 02 - Administrative requirements
OMS Circular A-13 3 - 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 OMS Circular A-22-Cost
Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMS Circular A-I]O Administrative
Requirements)
OMS 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 OMS (Formerly Circular A-21-Cost Princip]es)*
2 CFR 215Administrative Requirements (Formerly OMB Circular A-llO-Administrative Requirements)
OMS 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 OMS
Circular A-133 Compliance Supplement, Appendix I.
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 2 I 5-97, Fla. Stat.
Chapter 6 I 9-5, Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State expenditures
Other fiscal requirements set forth in program laws, rules and regulations.
32
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J.6Dll
May 2009 ARRA 203.09
A TT ACHMENT IV
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR AGREEMENTS, GRANTS, LAND AND
COOPERATIVE AGREEMENTS
The undersigned, an authorized representative of the recipient named in the contract or agreement to which this form
is an attachment, hereby certifies that:
(1) The recipient 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 93) 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 grand funds that have not been accounted for
properly.
(2) Management Information Systems used by the recipient, sub-contractor(s) or any outside entity on which
the recipient 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, recipient(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 recipient (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 recipient 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 recipient 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 recipient 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 OMS Circulars A-I 02
and 2 CFR Part 215 (formerly OMS Circular A-IIO).
Chairman June 9, 2009
Signature Title Date
Donna Fiala, Chairman
Name of Authorized Signer d~_~
33 ~tt;,t i..~ ~.~,... .
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J. 6D11
May 2009 ARRA 203.09
A TT ACHMENT 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 are presently debated,
suspended, proposed for debarment declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
(2) spective contractor i unable to certify to any ofthe statements in this certification, such prospective
all attach an explan on to this certification.
...
~ June 9, 2009
Signature Date
Donna Fiala, Chairman Collier County Board of County Commissioners
Title Agency/Organization
(Certification signature should be same as Contract signature.) l" 'I
i\TTE!=:T' .:{',) . '
i'""\ a V ',,~,,: .. ... " "
')w t1:e:aROC~~
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- . ,.,
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Instructions for Certification !\tfui '<t~; ~,~. It
'-".;,', .-...,. . "J
,1'(,k:,,'_H,. " :1"'""
I. The terms (covered transaction," "debarred," "suspended," "ineligible," "lower tier cover.eIQ,an5a<;tiqQ;:."Person,"
"Primary covered transaction:' and "voluntarily excluded," as used herein, have the meanings. Silt ~.ut ipthe 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 agency 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. Ifit is later determined that the recipient 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 recipient will provide immediate written notice to the agency if at any time the recipient learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances. The recipient may
decide 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 recipient 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 recipient 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 recipient 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 recipient may rely upon a certification of a prospective participant in a lower tier covered transaction, unless it
knows that the certification is erroneous.
34
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JL6D 11
May 2009 ARRA 203.09
A TT ACHMENT 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 s=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.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please
contact the awarding agency. Further, certain Federal aWarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
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 applications.
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.
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).
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 U.S.c.
794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended
(42 U.S.c., 6101-6107) 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 ofthe 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 VrII of the Civil Rights Act of 1968 (42 U.S. c., 360 I 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
nondiscrimination statute(s) which may apply to the application.
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),
3S
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1 6D 1 1
May 2009 ARRA 203.09
regarding labor standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of section I 02( a) of the Flood Disaster
Projection Act of 1973 (P. L 93 -23 4) 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 $10.000.00 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 1738 (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. 1451 et seq.); (f) conformity of Federal actions of State (Clear Air) Implementation Plans under
Section 176(c) or the Clear Air Act of 1955. as amended (42 U.S.c. 740 I 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. ] 721 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 US.c. 470). EO] 1593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 US.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 tlnancial 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.
TITLE
Chairman
Donna Fiala
APPLICANT ORGANIZATION DATE SUBMITTED
Collier County Board of County Commissioners June 9, 2009
Housing and Human Services
C@.eeu7VJ ~ :". ~\::.~:- nn .
, ,.}.TTEST:
Assistant County Attorney , i,' '1'\~' i
:Wl T 'S.~AOCi<
36
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i.6Dll
May 2009 ARRA 203.09
A TT ACHMENT VII
AMERICAN RECOVERY AND REINVESTMENT ACT
THREE MONTH BUDGET SUMMARY
RECIPIENT: Collier County Board of County Commissioners
1. C 1 Congregate Meals $ 49,023.72
2. C2 Home Delivered Meals $ 19,878.12
TOTAL $ 68,901.84
37
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16Dll
May 2009 ARRA 203.09
A TT ACHMENT VIII
CONTRACT REPORT CALENDAR
COST REIMBURSEMENT BASIS CONTRACT
REPORT BASED ON SUBMIT TO THE AGENCY
ON THIS DATE
1 June 2, 2009
2 Jul 2,2009
3 Au ust 3, 2009
4 Se tember 2, 2009
5 October 2, 2009
6 November 2.2009
7 December 2,2009
8 January 4, 2010
9 Februa 2,2010
10 March 2, 2010
11 A ril2,2010
12 Ma 3,2010
13 June 2,2010
14 Jul 2,2010
15 Au ust 2,2010
16 Se tember 2, 2010
17 October 4, 2010
18 October 22, 2010
38
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16D 11
May 2009 ARRA 203.09
A TT ACHMENT IX-A
OLDER AMERICANS ACT
RECEIPTS AND EXPENDITlJRE REPORT
American Recovery and Investment Act
PROVIDER NAME, ADDRESS, PHONE # AND FEID# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD:
ARRl From: to
Report #
eontract #
PSA#
CERTIFICATION: I eertifY to the best of my knowledge and belief that this report is complete and all outlays herein are for the purposes
set forth in the contract.
Prepared by: Date: Approved by: Date:
PART A: BUDGETED INCOME/RECEIPTS 1) Approved 2) Actual Receipts 3. Total Receipts 4. Percent of
Budget For Th is Report Year to Date Approved Budget
1. Federal Funds $0.00 $0.00 $0.00 0.00%
2. Program Income $0.00 $0.00 $0.00 0.00%
3. Local Cashllnkind Match - 10% Required $000 $0.00 $0.00 0.00%
4. TOTAL RECEIPTS $000 $0.00 $0.00 0.00%
PART B: EXPENDITURES I) Approved 2) Expenditures 3. Expenditures 14. Percent of
Budget For Th is Report Year to Date Approved Budget
1. Nutrition Education $0.00 $0.00 $0.00 0.00%
2. Nutrition Counseling $0.00 $0.00 $0.00 0.00%
3. Congregate Meals $0.00 $0.00 $0.00 0.00%
4. eongregate Meals Screening $0.00 $0.00 $0.00 0.00%
5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 0.00%
PART C: OTHER EXPENDITURES 1) Approved 2) Expenditures 3" Expenditures 4. Percent of
(For Tracking Purposes only) Budget For This Report Year to Date Expenditures
1. Match - 10% Required
a: Other and In-Kind $0.00 $0.00 $0.00 0.00%
b: Local Match $0.00 $0.00 $0.00 0.00%
2. NSIP Cash Received $0.00 $0.00 $0.00 0.00%
3" TOTAL OTHER $0.00 $0.00 $000 0.00%
39
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May 2009 A~~oPoi 1
DOEA FORM 105ARRI 04/09
ATTACHMENT IX-B
OLDER AMERICANS ACT
RECEIPTS AND EXPENDITt:RE REPORT
American Recovery and Investment Act
PROVIDER NA.\1E, ADDRESS, PHONE # AND FEID# PROGRAM FUNDING SOUReE THIS REQUEST PERIOD:
ARR2 From: to
Report #
Contract #
PSA#
CERTIFICA nON: I certiry to the best of my knowledge and belief that this report is complete and all outlays herein are for the purposes
set forth in the contract.
Prepared by: Date: Approved by: Date:
PART A: BUDGETED INCOME/RECEIPTS 1) Approved 2) Actual Receipts 3. Total Receipts 4. Percent of
Budget For ThiS Report Year to Date Approved Budget
1. Federal Funds $000 $0.00 $0.00 0.00%
2. Program Income $0.00 $0.00 $0.00 0.00%
3. Local eash/lnkind Match - 10% Required $0.00 $0.00 $0.00 0.00%
4. TOTAL RECEIPTS $0.00 $0.00 $0.00 0.00%
PART B: EXPENDITURES ]) Approved 2) Expenditures 3. Expenditures 14. Percent of
Budget For This Report Year to Date Approved Budget
I. Nutrition Education $0.00 $0.00 $0.00 0.00%
2. Nutrition eounseling $0.00 $0.00 $0.00 0.00%
3. Congregate Meals $000 $0.00 $0.00 0.00%
4. Congregate Meals Screening $0.00 $000 $0.00 0.00%
5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 0.00%
PART C: OTHER EXPENDITURES I) Approved 2) Expenditures 3. Expenditures 4. Percent of
(For Tracking Purposes only) Budget For This Report Year to Date Expenditures
1. Match - 10% Required
a: Other and In-Kind $0.00 $0.00 $0.00 0.00%
b: Local Match $000 $000 $0.00 0.00%
2. NSIP Cash Received $0.00 $0.00 $0.00 0.00%
3. TOTAL OTHER $0.00 $0.00 $0.00 0.00%
40
.- , - - .~.".,.~"~,. . .~...,~,......_- ,._.,- .'-"_. -~~--.,~-,"._"..~--.~ ..~.,-
16Dll
May 2009 ARRA 203.09
DOEA FORM 105ARR2 04/09
A TT ACHMENT X
OLDER AMERICANS ACT
REQt:EST FOR PAYMENT
American Recovery and Reinvestment Act
PROVIDER NAME, ADDRESS, PHONE # AND FEID# TYPE OF REPORT THIS REQUEST PERIOD:
Reimbursement From: to
Report #
Contract #
PSA#
CERTlFleATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for the purposes
set forth in the contract.
Prepared by: Date: Approved by: Date:
PART A: BUDGET SUMMARY ARRl ARR2 TOTAL
I. Approved Agreement Amount $0.00 $0.00 $0.00
2. Previous Funds Received for Agreement $000 $0.00 $0.00
3. Agreement Balance $0.00 $0.00 $0.00
4. Previous Funds Requested for Agreement Period $0.00 $0.00 $0.00
5. Agreement Balance $0.00 $0.00 $000
PART B: EXPENDITURES
1. Net Expenditures for the Month $0.00 $0.00 $0.00
2. TOTAL EXPENDITURES $0.00 $0.00 $0.00
PART C: FUNDS REQUESTED i
I. Funds Requested $0.00 $000 $0.00
2. NET FUNDS REQUESTED $0.00 $0.00
DOE A FORM 106ARRA 04/09
41
- -- ,,..... -",-"",,-,-",.- ,~"', ",""-.",,,.. -- --'--_.'''''''-'~''''''-'' ,_.,-.,----
16Dll
May 2009 ARRA 203.09
A TT ACHMENT A
Department of Elder Affairs Programs & Services Handbook, provided on CD.
Also, available at the Department's Intranet site under, "Publications,"
42
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16D11
May 2009 ARRA 203.09
STATE OF FLORIDA DEPARTMENT OF ELDER M'F^,RS ^TTM'IIMENT A
C1V IL RIGHTS COMPLIANCE CHECKLIST
I'rogramiFa<iJity Nam~ County I A^AiContractor
Address Completed Ry
City. Slate. Zip Code Date I Telephone
PART I. READ THE ATTACHED I:'o/STRIJCTlONS FOR ILLlISTRATIVE INFORMATlO:'o/ WHICH WILL HELP YOlllN TIlE
COMPLETION OF THIS FORM.
I. Briefly describe the geographic area served by the program/facility and the type of service provided:
~""--'--- ------_._.._~-_._.._-~_.- ----~_...._~. '"-
--~. '---'-"- -.~._---------_.,----~._-,. ----_.,~-
------_._----_._---~--
2.
%White
3.
4.
5.
%DiSab:=1 :
PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE.
6. Is an Assurance of Compliance on file with DOEA? IfNA or No, explain. NA YES NO
-~-------~---~----~---- 0 0 0
------_.._,-~--_.__._~--- -------------
-.....---
~~-_._-_.~------- .-..-."-
7. Compare stafl' composition to the population. Are stafl' representative of the population?
IfNA or NO, explain. NA YES NO
__m_ -..----- -----. 00 0
-~._--_._---- .
---~--~_._._----_.._"-~.._-
8. Compare the client composition to the population. Are race and sex characteristics represcntative
of the population? If NA or No, explain. NA YES NO
--~---. 000
-----,---.
---.
-~-'-'-------~~-
9. Are eligibility requirements for services applied to clients and applicants without regard to race,
color, national origin, sex. age, religion or handicap? If NA or NO, explain. NA YES NO
.-----~--. 000
-'--_.~-.-_.~- ~.~- -~.-.-. -
~--- ~-~"-----
~_._.__._-- '---"'--- .-----
10. Are all benefits, services and facilities available to applicants and participants in an equally ctl'ective
manner regardless ofraee, sex, color, age, national origin, religion or disability? IfNA or NO. explain. NA YES NO
----.-- - 00 0
~_._-- --------------_..._-~ .._~-
~- --~---_.~_._.- ---
--~-_._---_..-. --.-----.. .~--~
II. For inpatient services. are room assignments made without regard to race, color. national
origin or handieap? IfNA or NO, explain. NA YES NO
--..-----. -.-.-. ---.'-- 000
-----,-. -----~_._._-_._~-_._--- -~-----,....-
--_.__.~.-,.._-_._._--~------ _..._--~-- ~
_..._-----~-_.- --.--------
Revised May 200H Page I of 2
43
,.'_e'. ..... ~ 1"" V _;,___. ,..._......"..".__.~'~.~~".<r____.,____.... ._.~_~..,.__ .__._._,..___~__
May 2009 A~R~O~i 1
ATTACII\1ENT A
12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain. NA YES NO
----~---------- 0 0 0
13. Are empl;y~es, applic~n~nd participants informed of their protection against discri~i~tion? -
If YES, how? Verbal D Written D Poster D IfNA or No, explain. NA YES NO
000
_._~-_._-_._~--_._------ ._-~--~-- -
_____.0-._- .___
14. Give the number and current status of any discrimination eomplaints regarding services or NA NUMBER
Employment filed against the program / facility. 0
-..-....- ---------_._----_.._--.-._-_.._-_._-_._---~--------- -"--.-.-------
- __n._____ ______00__.__ _ ___..._____~___________.__.____.____._.___ .______________
15. Is the program/facility physically accessible to mobility, hearing and sight impaired Individuals?
IfNA or NO. explain. NA YES NO
---------"" -----"------ U"m_"_____m"__ -------------- 0 0 0
--"
----------- -
PART 111. THE FOllOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES
16. Has a self-evaluation been conducted to identii'y any barriers to serving disabled individuals, and to
make any necessary modifications? If NO. explain. YES NO
m_~____"_____"____ 0 0
______.______.._.._.___... n_ _'~_'__ ___
---~_..__..__._--~-
17. Is there an established grievance procedure that incorporates due process into the resolution
of complaints? If NO, explain. YES NO
---~- 0 0
18. Has a person been designated to coordinate Section 504 compliance activities? If NO, explain. YES NO
----------- 0 0
19. Do recruitment and notification materials advise applicants, employees and participants of
nondiscrimination on the basis of disability') If NO, explain. YES NO
---------- --.---- 0 0
---
20. Are auxiliary aids available to assure accessibility of services to hearing and sight
impaired individuals? If NO, explain. YES NO
-"---- 0 0
--------
---.----.--.-"-
PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF
$50.000 OR MORE
21. Do you have a wrinen atlinnative action program? If NO, explain. YES NO
00
DOEA USE ONLY
Rcvir.:\\cd by
[n C"mpliane~: YES D NO" D "
J}rog.ram Of"ti(.;c
.Notict.::: of Corrective ^ction Sent / /
Dutl: I Telephone:
Response Duc I;
On-Sile D Dc:sk Review D Response Received / _/
DOEA Form IOI-A. ReVised Ma} 2008_ Page 2 "f2
44
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16D11
May 2009 ARRA 203.09
ATACIIMLNIA
INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST
1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility
serves a specific target population such as adolescents, describe the target population. Also define the type of
service provided.
2. Enter the percent of the population served by race and sex. The population served includes persons in the
geographical area for which services are provided such as a city, county or other regional area. Population
statistics ean be obtained from local chambers of commerce, libraries, or any publication from the 1980 eensus
containing Florida population statistics. Include the source of your population statistics. ("Other" races includc
Asians/Pacific Islanders and American Indian/Alaskan Natives.)
3. Enter the total number of full-time staff and their perccnt by race, sex and disability. Include the effective date of
your sllmmary.
4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and
list their percent by race, sex and disability. Include the date that enrollment was counted.
5. Enter the total number ofadvisory board members and their percent by race, sex and handicap. Iftherc is no
advisory or governing board, leave this section blank.
6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in
compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the
contract language for DOEA recipients and their subgrantees. 45 CFR 80.4(a)
7. Is thc race, sex, national origin composition of the staff reflective of the general population? For example, if 10%
of the population is Hispanic, is there a comparable percentage of Hispanic staff'?
8. Whcre there is signilicant variation between the race, sex or ethnic composition of the clients and their availability
in the population, the program/faeility has the responsibility to determine the reasons for such variation and take
whatever action may be necessary to correct any discrimination. Some legitimate disparities may cxist when
programs are sanctioned to servc target populations such as elderly or disabled persons, 45 CFR 80.3 (b) (6)
9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or
employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also
through on-site record analysis of persons who applied but were denied services or cmployment. 45 CFR 80.3 (a)
and 45 CFR 80.1 (b) (2)
10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services,
physical and recreational therapies, counseling and social services without regard to racc, sex, color, national
origin, religion, agc or handicap, Courtesy titles, appointment scheduling and accuracy of record keeping must be
applied uniformly and without rcgard to race, sex, color, national origin, religion, age or handicap. Entrances,
waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients. 45 eFR
80.3 (b)
11. For in-patient scrvices, rcsidcnts must bc assigned to rooms, wards, etc., without regard to racc, color, national
origin or disability, Also, residents must not be asked whether they are willing to share accommodations with
persons of a different race, color, national origin, or disability. 45 CFR 80.3 (a)
12. Thc program facility and all services must be accessible to participants and applicants, including those pcrsons
who may not speak English. In geographic areas where a significant population of non-English speaking people
live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a
policy or plan for service, such as a cllrrent list of names and telephone numbers of bilingual individuals who will
assist in the provision of scrviccs. 45 eFR 80.3(a)
45
"...,."............... "".-.. :<I~ .',-.~.... ~.~.,.,.. ~-~,..."'..<,- ".,,- ~--~.,.~ ".' -...."..._"~.~-,._,-
16D 1 1
May 2009 ARRA 203.09
13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available of
their participants. beneficiaries or any other interested parties. This should include information on their right to
file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of
III IS. The information may be supplied verbally or in writing to every individual, or may be supplied through the
use of an equal opportunity poliey poster displayed in a public area of the facility. 45 CFR 80.6(d)
14. Rcport number of discrimination complaints filed against the program/facility. I ndicate the basis, e.g., race, color,
creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment.
placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the
namc and address of the local, state or federal agency with whom the complaint has been filed. Indicate the
currcnt status, e.g., settled, no reasonable cause or reasonable cause found. failure to conciliate. failure to
cooperate, under review, etc.
15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includcs
designated parking areas, curb cuts or level approachcs, ramps and adequate widths to entrances. The lobby,
public telephone, restroom facilities. water fountains, information and admissions offices should be accessible.
Door widths and tratlic areas of administrative oflices, cafeterias, restrooms, rccreation areas, counters and
serving lines should be observed for accessibility. Elevators should be observed for door width, and braille or
raised numbcrs. Switches and controls for light, heat, ventilation, fire alarms. and othcr essentials should be
installed at an appropriate height for mobi lity impaired individuals.
16. Section 504 of the Rehabilitation Aet of 1973 requires that a recipient of federal financial assistance conduct a
self-evaluation to identify any accessibility barriers. Self-evaluation is a four step process:
. With the assistance of a disabled individual/organization, evaluate current practices and policies to
identify any practices or polieies which do not comply with Section 504.
. Modify policies and practices that do not meet Section 504 requirements.
. Take remedial steps to eliminate any discrimination that has been identified.
. Maintain self~evaluation on file. (This checklist may be used to satisfy this rcquirement if these four steps
have bcen followed.)45 eFR 84.6
17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate
appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any
action prohibited by Section 504.45 CFR 84.7 (b)
18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate etforts to
comply with Section 504.45 CFR 84.7 (a)
19. Continuing steps must be taken to notifY employees and the public of the program/tacility's policy of
nondiscrimination on the basis of handicap. This includes recruitment material, notices for hearings, ncwspaper
ads, and other appropriate written communication. 45 CFR 84.8 (a)
20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with
impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to,
interpreters for hearing impaired individuals, taped or braille materials, or any alternative resources that can be
lIsed to provide equally effective services. 45 CFR 84.52 (d)
21. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implemcnt and
maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60
and Title VI of the Civil Rights Act of 1964, as amended.
46
-. ..- , <;1' .'.,...._.~_c_<.., ,- ~~.,.,..w..~,._..,.'''_,~<:i>' "<I~ ~,,'..."'".,-.-._...~.__.....,-"" ~."._,~"..,,-~. <.,,~<-<<.,-....,...~-
""^~'-"
16D 1 1
Attestation Statement
Agreement/Contract Number ARRA 203.09
Amendment Number
I I, Donna Fiala. Chairman , attest that paral!:rsph 12, psee 4 was edited to include refcrt'llce
to Section 768.28. F.S., rel!ardinl!: sovereifw immunity. J~O l.!!!!!:!:..cl1anges or revisions have been ma"de to the { Deleted: n J
(ReclpienllContractor representa tlve)
content ofthe above referenced agreement/contract or amendment between the Department of Elder Affairs
and
Collier County Board of Countv Commissioners
(RecipienllContractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
d"'..'" .... proro , ,mol'., wh;,. 2""'-" lb. ."rom,""..""" "''''L
~ :-L-d~
June 9 2009
Date
."
S II. :';'",'L~
".. ';,,',.
s19"~taWt' ..",.':..)'
,,?,...., ','.., 44':~ "~,:".
DOEA Cont:ad. MIMI.ho initial and date indicating signatures/initials appropriate on all documents;
ready for DOEA Secretary/designee signature.
-
initial date
Revised August 2007
"_,",c . - l'r . '. III ".,_...~."<> "-"-'''''-''''''''"-.'' ~.~.- .."._--~,.,-
16D11
May 2009
ARRA 203.09
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA
STANDARD CONTRACT
OAA TITLE III Cl AND C2 NUTRITION SERVICES
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
COLLIER COUNTY HOUSING & HUMAN SERVICES
THIS CONTRACT is entered into between the Area Agency on Aging, hereinafter referred to as the
"Agency," and Collier County Housing and Human Services., 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 A TT ACHMENT
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:
] . 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), area plan(s), grant agreements, relevant
Department of Elder Affairs 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 May I. 2009 or on the date on which the contract has been signed
by the last party required to sign it, whichever is later. It shall end at midnight, local time in
Tallahassee, Florida, on September 30. 20] O.
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 $68,90] .84, 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. Compliance with Federal Law
5.1 If this contract contains federal funds the'toIIowing shall apply:
5.1.] The provider shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other
applicable regulations.
1
May 2009
1~2oPoJ 1
If this contract contains federal funds and is over $] 00,000.00, the contractor shall comply with
all applicablestandards, 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. ]251, 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.
The contractor, or agent acting for the contractor, may not use any federal funds received in
connection with this contract to influence legislation or appropriations pending before the
Congress or any State legislature. If this contract contains federal funding in excess of
$] 00,000.00, the contractor must, prior to contract execution, complete the Certification
Regarding Lobbying form, A TT ACHMENT II. All disclosure forms as required by the
Certification Regarding Lobbying form must be completed and returned to the agency, prior to
payment under this contract.
5.].4 That if this contract contains $10,000.00 or more of federal funds, the contractor shaIl comply
with Executive Order I ]246, Equal Employment Opportunity, as amended by Executive Order
] 1375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45
CFR 92, if applicable.
5.1.2
5.1.3
5.1.5 That if this contract contains federal funds and provides services to children up to age] 8, the
contractor shall comply with the Pro-Children Act of ] 994 (20 U .S.c. 608]).
5.1.6 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 OMBguidelines at 2 CFR ] 80 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
] 2549. 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 A TT ACHMENT V prior to the execution of this contract.
5.2 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. ]324 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.
6. Compliance with State Law
6.1 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.
6.2 Requirements ofs. 287.058, F.S.
6.2.1 The contractor will provide units of deliverables, including reports, findings, and drafts, as
specified in this contract, which the agency must receive and accept in writing prior to
payment.
6.2.2 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.
6.2.3 If itemized payment for travel expenses is permitted in this contract, the contractor will submit
bills for any travel expenses in accordance with s. ] 12.061, F.S., or at such lower rates as may
be provided in this contract.
2
May 2009
1 6 D 11 ARRA 203.09
6.2.4 The contractor will allow public access to all documents, papers, letters, or other public records
as defined in subsection 119.0] 1(]2), 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.
6.3 If clients are to be transported under this contract, the contractor shall comply with the provisions
of Chapter 427, F.S., and Rule 4] -2, F. A. C.
6.4 Subcontractors who are on the discriminatory vendor list may not transact business with any
public entity, in accordance with the provisions of s. 287.] 34, F.S.
6.5 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.
7. 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 of the
grievance procedure and an opportunity for review of the subcontractor's
determinations).
8. Audits. Inspections. Investie:ations. Public Records and Retention
8.1 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.
8.2 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 to the agency.
8.3 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 8.2.
8.4 To assure that the records described in Paragraph 8 shall be subject at all reasonable times to
inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by
the agency.
8.5 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)( 1 0), shall be allowed full access to
and the right to examine any of the contractor's contracts and related records and documents
pertinent to this specific contract, regardless of the form in which kept.
8.6 To provide a financial and compliance audit to the agency as specified in this contract and in
A TT ACHMENT III and to ensure that all related party transactions are disclosed to the auditor.
8.7 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.
3
May 2009
16 D 11 ARRA 203.09
9. Nondiscrimination-Civil Rie:hts Compliance
9.1 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.
9.2 The contractor will retain, on file, during the term of this agreement a timely, complete and
accurate Civil Rights Compliance Checklist (ATTACHMENT B).
9.3 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.
9.4 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.
10. Provision of Services
The contractor will provide services in the manner described in ATTACHMENT I.
11. Monitorine: bv the Ae:encv
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.
12. Indemnification
12.1 Subject to the limits of section 768.28, F.S., 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.
13. Insurance and Bondine:
13.1 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
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ARRA 203.09
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.
]3.2 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 hand Ie 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.
14. 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.
15. 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).
16. Incident Reportine:
16.1 The contractor shall notify the agency immediately, but no later than forty-eight (48) hours from,
the contractor's awareness or discovery of conditions that may materially affect the contractor
or subcontractor's ability to perform the services required to be performed under this contract.
16.2 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 (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this
provision is binding upon both the contractor and its employees.
17. Sponsorship and Publicity
17.1 As required by s. 286.25, F.S., if the contractor is a non-governmental organization which
sponsors a program financed wholly or in part by state funds, including any funds obtained
through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the
program, state: "Sponsored by (contractor's name), The Area Agency on Aging for Southwest
Florida, 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 Southwest Florida, Inc
and the State of Florida, Department of Elder Affairs" shall appear in at least the same size
letters or type as the name of the organization.
17.2 The contractor shall not use the words "The State of Florida, Department of Elder Affairs" to
indicate sponsorship of a program otherwise financed, unless, specific authorization has been
obtained by the department prior to use.
18. Assie:nments
18.1 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
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sublicense, assignment, or transfer otherwise occurring without prior written approval of the
agency will constitute a material breach of the contract.
18.2 The State of 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 governmental agency in the State of
Florida, upon giving prior written notice to the contractor. In the event the State of Florida
approves transfer of the contractor's obligations, the contractor remains responsible for all
work performed and all expenses incurred in connection with the contract.
18.3 This contract shall remain binding upon the successors in interest of either the contractor or the
agency.
19. Subcontracts
19.1 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.
19.2 The contractor shall promptly pay any subcontractors upon receipt of payment from the agency
or 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.
20. 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.
21. 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 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 for budgetary approval and processing.
Disputes arising over invoicing and payments will be resolved in accordance with the
provisions of s. 215.422 F.S. A Vendor Ombudsman has been established within the
Department of Financial Services and may be contacted at (850) 413-5665.
22. Return of 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 agency
will notify the contractor by letter of such findings. Should repayment not be made forthwith,
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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.
23. Data Intee:rity and Safee:uardine: 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 requirements, 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 A TT ACHMENT IV prior to the execution of
this contract.
24. 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 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.
25. 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 as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.0] 7, F.S.,
for CATEGORY TWO for a period of 36 months following the date of being placed on the
convicted vendor list.
26. Purchasine:
26. ] To purchase articles which are the subject of or are required to carry out this contract from Prison
Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter
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946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2)
and (4), F.S. For purposes of this contract, the contractor shall be deemed to be substituted for
the agency insofar as dealings with PRIDE. This clause is not applicable to subcontractors
unless otherwise required by law. An abbreviated list of products/services available from
PRIDE may be obtained by contacting PRIDE, (800) 643-8459.
26.2 To procure any recycled products or materials, which are the subject of or are required to carry
out this contract, in accordance with the provisions ofs. 403.7065 and 287.045, F.S.
27. Patents. Copyrie:hts, 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 State. Any
and all patent rights or copyrights accruing under this contract are hereby reserved to the State
of Florida in accordance with Chapter 286, F.S.
28. Emere:ency Preparedness and Continuity of Operations
28.1 If the tasks to be performed pursuant to this contract, include the physical care and control of
clients, or the administration and coordination of services necessary for client health, safety or
welfare, the contractor shall, within thirty (30) calendar days of the execution of this contract,
submit to the agency verification of an emergency preparedness plan. In the event of an
emergency, the contractor shall notify the agency of emergency provisions.
28.2 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.
29. 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.
30. 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 ofthe improvements or as further required by law.
3 1. Dispute Resolution
Any dispute concerning performance of the contract shall be decided by the agency, who shall
reduce the decision to writing and serve a copy on the contractor.
32. No Waiver of Sovereie:n 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.
33. Venue
If any dispute arises out of this contract, the venue of such legal recourse will be Lee County,
Florida.
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ARRA 203.09
34. 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.
35. 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.
36. 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.
37. 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.
38. AdditionlDeletion
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.
39. 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.
40. 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.
41 . Final Invoice
The contractor shall submit the final invoice for payment to the agency as specified in
Paragraph 3.2.5 (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.
42. Renee:otiations 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.
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ARRA 203.09
43. Termination
43.1 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 agency or the
representative of the contractor responsible for administration ofthe contract.
43.2 In the event funds for payment pursuant to this contract become unavailable, the agency may
terminate this contract upon no less than twenty-four (24) hours notice in writing to the
contractor. Said notice shall be delivered by U.S. Postal Service or any expedited delivery
service that provides verification of delivery or by hand delivery to the agency 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.
43.3 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.
43.4 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 (I) previously failed to satisfactorily perform in a
contract with the agency, been notified by the agency of the unsatisfactory performance and
failed to correct the unsatisfactory performance to the satisfaction of the
agency; or (2) had a contract terminated by the agency for cause.
44. Official Payee and Representatives (Names. Addresses. and Telephone Numbers):
The recipient name, as shown on page I of this Collier County Board of County Commissioners
a. contract, and mailing address of the official Housing & Human Services Department
330 I Tamiami Trail East
payee to whom the payment shall be made is: Naples, FL 34112
Terri Daniels, Accounting Supervisor
The name of the contact person and street Collier County Board of County Commissioners
b. address where financial and administrative Housing & Human Services Department
records are maintained is: 3301 Tamiami Trail East, Bldg H, Room 211
Naples, FL 34 112
(239) 252-2689 Fax (239) 252-2638
Marcy Krumbine, Director
The name, address, and telephone number of the Collier County Board of County Commissioners
c. representative of the recipient responsible for Housing & Human Services Department
administration of the program under this 330 I Tamiami Trail East, Bldg H, Room 211
contract is: Naples, FL 34112
(239) 252-2273 Fax (239) 252-2638
The section and location within the Agency Area Agency on Aging for Southwest Florida, Inc.
d. where Requests for Payment and Receipt and Fiscal Department
2285 First Street
Expenditure forms are to be mailed is: Fort Myers, Florida 33901
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Leigh Wade-Schield, Executive Director
e. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc.
Agency for this contract is: 2285 First Street
Fort Myers, Florida 33901
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.
45. All Terms and Conditions Included
This contract and its Attachments, I-X, 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 46 page contract, to be executed by their
undersigned officials as duly authorized.
'r
"
ATTEST:' . '>;.
DW. HI;.~. BRO~;',~~r~ ('
:- ~ \1)~~
ttt~st .~i,.tl t~t'nwJt .
s fgnat.Yft: '0<<,;.-' '
.;, I; ',.J
VENDOR:
COLLIER COUNTY HOUSING
AND HUMAN SERVICES
By:
BOARD OF COUNTY COMMISSIONERS
COLLI OUNTY, FLORI A
Approved as to form and
legal sufficiency:
CW~fY7~
Assistant County Attorney
By:
Date: June 9,2009
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC.
y . . /'
SIGNED B~} ~. \~r--~~~~~ (~c/
/,......~r.;.. _'
NAME: John Koehler
TITLE: Immediate Past Board President
DATE: ,f,/:L.'::/;::I
FEDERAL ID NUMBER 59-6000558
FISCAL YEAR-END DATE: 9/30
11
May 2009
ATTACHMENT
PAGE
A TT ACHMENT I
EXHIBIT A
A TT ACHMENT II
ATTACHMENT III
A TT ACHMENT IV
ATTACHMENT V
ATTACHMENT VI
ATTACHMENT VII
ATTACHMENT VIII
ATTACHMENT IX-A
ATTACHMENT IX-B
A TT ACHMENT X
ATTACHMENT A
A TT ACHMENT B
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ARRA 203.09
INDEX TO CONTRACT A TT ACHMENTS
ATTACHMENT DESCRIPTION
STATEMENT OF WORK
ARRA SERVICES REPORT
CERTIFICATION REGARDING LOBBYING
FINANCIAL COMPLIANCE AUDIT ATTACHMENT
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
CERTIFICA TION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
ASSURANCES - NON CONSTRUCTION PROGRAMS
ARRA NUTRITION SERVICES PROGRAM BUDGET SUMMARY
CONTRACT REPORT CALENDAR COST REIMBURSMENT BASIS
SCHEDULE
RECEIPTS AND EXPENDITURE REPORT - TITLE CI
RECEIPTS AND EXPENDITURE REPORT - TITLE C2
REQUEST FOR PA YMENT
DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES
HANDBOOK (ON CD)
DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE
CHECKLIST AND INSTRUCTIONS
12
13-22
23-25
26
27-32
33
34
35-36
37
38
39
40
41
42
43-46
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ARRA 203.09
A TT ACHMENT I
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA
STANDARD CONTRACT
OAA TITLE HI Cl and C2 NUTRITION SERVICES
STATEMENT OF WORK
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
SECTION I: SERVICES TO BE PROVIDED
] . 1 DEFINITIONS OF TERMS AND ACRONYMS
I. ] .1 CONTRACT ACRONYMS
AAA: Area Agency on Aging
ARRA: American Recovery and Reinvestment Act of2009
APCL: Assessed Priority Consumer List
CIRTS: Client Information and Registration Tracking System
OAA: Older Americans Act
NSIP: Nutrition Services Incentive Program
PSA: Planning and Service Areas
WebDB: Web-based Database System
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.
Area Plan: A plan developed by the area agency on aging 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) ofthe Older Americans Act and agency instructions.
Area Plan Update: A revision to the area plan wherein the Area Agency on Aging enters
OAA specific data in the web-based database system (WebDB). An update may also include
other revisions to the area plan as instructed by the Department of Elder Affairs.
Nutrition Services Incentive Program: The Nutrition Services Incentive Program 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 to eligible clients under the Older Americans Act. Florida has opted for cash payments
in lieu of donated foods.
1.2 AGENCY 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.
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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.
1.3 GENERAL DESCRIPTION
1.3.1 General Statement
The American Recovery and Reinvestment Act (ARRA) enacted by Congress and signed into law
by the President on February 17, 2009, is intended to preserve and create jobs, promote the
nation's economic recovery, and assist those most impacted by the recession. Title III of the Older
Americans Act makes available $97 million to State Units on Aging (SUA) to help meet the
additional need and demand for meals.
The primary purpose of the OAA, Title III-C program is to provide nutrition services for older
Americans in order to help them maintain their health, independence and quality of life. The
ARRA funds will provide meals to seniors in need of food; restore nutrition services that have
been cut; and increase the number of elder Floridians receiving congregate and home-delivered
meals.
1.3.2 Authority
The relevant references authority governing the ARRA program are:
(1) American Recovery and Reinvestment Act of2009, P.L. II ]-5
(2) Older Americans Act of 2006, as amended;
(3) Rule 58A-l, Florida Administrative Code; and
(4) Section 430.10 I, Florida Statutes.
1 .3.3 Scope of Service
The Agency is responsible for the programmatic, fiscal and operational management of the OAA,
Title III Cl and C2 stimulus programs within its designated Planning and Service Areas (PSAs).
The scope of service includes planning, coordinating and assessing the needs of older persons,
and assuring availability and quality of services. These services shall be provided in a manner that
ensures Recovery Act funding is used to supplement, not supplant current congregate and home-
delivered meals activity.
The services shall be provided in a manner consistent with and described in the current agency's
areas plan update and the current Department of Elder Affairs Programs and Services Handbook,
(ATTACHMENT A).
1.3.4 Incorporation of Proe:ram Materials
The contractor will comply with program requirements as outlined in the following documents
which are incorporated into this agreement by reference.
(1) OAA, Title III, Section 331, C-I Congregate Nutrition Services;
(2) OAA, Title III, Section 336, C-2 Home-Delivered Nutrition Services;
(3) DOEA Program Instructions for entering ARRA nutrition services in CIRTS;
(4) Notice of Award - ARRA 2009, Congregate Nutrition Services; and
(5) Notice of Award - ARRA 2009, Home-Delivered Nutrition Services.
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ARRA 203.09
1.3.5 Maior Proe:ram Goals
The major goals of the OAA, Title III CI and C2, Stimulus Program are to:
(1) Improve the quality of life for older individuals;
(2) Increase the number persons receiving congregate and home-delivered meals;
(3) Reduce hunger and food insecurity by addressing un met needs in historically under served
communities: and
(4) Support Title III C nutrition services initiatives, including provision of meals and nutrition
education.
1.4 INDIVIDUALS TO BE SERVED
1.4.1 General Description
General factors that should be considered in establishing priority for ARRA Nutrition Services,
both congregate and home-delivered, include those older persons who:
(1) Cannot afford to eat adequately;
(2) Lack the skills or knowledge to select and prepare nourishing and well-balanced meals;
(3) Have limited mobility which may impair their capacity to shop and cook for themselves; or
(4) Have a disabling illness or physical condition requiring nutritional support or have been
screened at a high nutritional risk.
1.4.1.2 ARRA. Cone:ree:ate Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed in
ATTACHMENT 1, Paragraph 1.4.1, individuals must be mobile, not homebound and physically,
mentally and medically able to attend a congregate nutrition program. Individuals eligible to
receive congregate meals include:
(1) Individuals age 60 or older; and
(2) Any spouse (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) Disabled persons who reside at home with and accompany an eligible person to the dining
center; and
(5) Volunteers, regardless of age, who provide essential services on a regular basis during meal
hours.
1.4.1.3 ARRA. Home-Delivered Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed in
ATTACHMENT I, Paragraph 1.4.1, individuals must be homebound and physically, mentally
or medically unable to attend a congregate nutrition program. Individuals eligible to receive
home- delivered meals include:
(1) Individuals age 60 or older who are frail and homebound by reason of illness, disability or
isolation;
(2) The 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 disabilities, regardless of age, who reside 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 persons at nutritional risk
who are socially or otherwise isolated and unable to attend a congregate nutrition site.
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ARRA 203.09
1.4.2 Tare:eted Groups
Preference shall be given to those with the greatest economic and social need, with particular
attention to low-income older individuals, including those that are minorities, have limited
English proficiency, and older individuals residing in rural areas. ARRA funds will be used to
increase the number of congregate and home-delivered meals served to targeted groups within the
PSA and will restore jobs that may have been eliminated or reduced as a result of the economic
downturn.
1.4.3 Contract Limits
Eligible program participants shall be served during the agreement period beginning May I, 2009
and ending September 30, 20 I O. A contractor receiving funds from the ARRA stimulus package
must develop systems of internal and administrative control to both track and report expenditures
relative to the receipt and use of the funds as well as ensuring that expenditures are properly
authorized prior to submittal of requests for reimbursement. No more than 10 of the funding can
be used for congregate meal screening, nutrition counseling and screening/assessment for home-
delivered meals and nutrition education
SECTION II: MANNER OF SERVICE PROVISION
2.1 SERVICE TASKS
The contractor is responsible for the administrative tasks associated with the expansion of
services to new underserved clients affected by the economic recession. To achieve the goals of
the ARRA program, the contractor shall ensure the following tasks are performed:
(1) Client eligibility determination as listed in ATTACHMENT I, Paragraph 1.4;
(2) Targeting and screening of service delivery for new clients;
(3) Delivery of services to eligible clients;
(4) Use of volunteers to expand the provision of available services;
(5) Documentation of the restoration of jobs that were eliminated or reduced as a result of the
economic downturn; and
(6) Monitoring the performance of its subcontractors.
2.].1 Tare:etine: and Screenine: of Service Delivery for New Clients
The contractor shall develop and implement policies and procedures consistent with OAA
targeting and screening criteria for ARRA funded clients.
2.1.2 Delivery of Services to Elil!ibIe Clients
The contractor shall provide a continuum of services that meet the nutritional needs of elders. The
contractor shall perform and report the perfonnance of services in accordance with
A TT ACHMENT A. The services funded pursuant to this contract are in accordance with the
ARRA and OAA, Title III sections 331 and 336.
2.1.2.1 Cone:ree:ate Nutrition Services
Nutrition services are provided in congregate settings and are designed to reduce hunger and food
insecurity, promote socialization and the health and well being of older individuals by assisting
them to gain access to nutrition and other disease prevention and health promotion services.
Services include:
(1) Congregate meals;
(2) Congregate meals screening; and
(3) Nutrition education and nutrition counseling.
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May 2009
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ARRA 203.09
2.1.2.2 Home-Delivered Nutrition Services
In-home nutrition services are provided to reduce hunger and food insecurity; promote
socialization and the health and well being of older individuals by assisting such individuals to
gain access to nutrition and other disease prevention and health promotion services. Services
include:
(I) Home-delivered meals;
(2) Nutrition education and counseling; and
(3 ) Screening/Assessment.
2.1.3 Monitorine: the Performance of Contractors
The agency shall perform fiscal, administrative and programmatic monitoring of each contractor
to ensure contractual compliance, fiscal accountability, programmatic performance, and
compliance with applicable state and federal laws and regulations. The agency shall conduct at
least one monitoring per year of each contractor.
2.2 SERVICE LOCATION AND EQUIPMENT
2.2.1 Service Times
The contractor shall ensure the provision of the services listed in the contract during normal
business hours unless other times are more appropriate to meet the performance requirements of
the contract, and it shall monitor its subcontractors to ensure they are available to provide services
during hours responsive to client needs and during those times which best meet the needs of the
relevant service community.
2.2.2 Chane:es in Service Deliverv Location or Service Times
The contractor shall provide the agency with 30 days notice of any plan temporarily or
permanently hanging any service delivery location or service times. Any changes to the service
delivery location or service times must have the approval of the agency.
2.3 Equipment
2.3.1 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
nonconsumable 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 not circulated to students or the general
public, with a value or cost of$250.00 or more [for state funds].
2.3.2 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] 0) 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.
2.3.3 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;
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May 2009
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ARRA 203.09
(4) Whether title vests in the contractor or the Federal Government;
(5) Acquisition date (or date received, if the equipment was furnished by the Federal
Government) and cost;
(6) Information from which one can calculate the percentage of Federal participation in the cost
of the equipment (not applicable to equipment furnished by the Federal Government);
(7) Location and condition of the equipment and the date the information was reported;
(8) Unit acquisition cost; and
(9) Ultimate disposition data, including date of disposal and sales price or the method used to
determine current fair market value where a contractor compensates the Federal awarding agency
for its share.
2.3.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment
purchased with state funds with an acquisition cost over $1,000.00 that is specifically identified in
the area plan approved by the agency is part of the cost of carrying out the activities and functions
of the grant awards and Title (ownership) will vest in the contractor, subject to the conditions of2
CFR Part 215 Administrative Requirements (formerly OMB Circular A-] 10), 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-l.0017, F. A. C. or Title 45 CFR Part 74.
2.3.5 The contractor shall not dispose of any equipment or materials provided by the agency, or
purchased with funds provided through this contract without first obtaining the approval of the
agency. When disposing of property or equipment the contractor must submit a written request
for disposition instructions to the agency. 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.).
2.3.6 The agency 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-II 0).
2.3.7 Real property means land (including land improvements), buildings, structures and appurtenances
thereto, but excludes movable machinery and equipment. Real property may not be purchased
with state or federal funds through agreements covered under this contract without the prior
approval of the agency. Real property purchases from Older Americans Act funds are subject to
the provisions of Title 42, Chapter 35, Subchapter Ill, Part A., Sec. 3030b United States Code
(USe). Real property purchases from state funds can only be made through fixed capital outlay
grants and aids appropriations and therefore are subject to the provisions of section 216.348, F. S.
2.3.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted
and tested prior to disposal to ensure no confidential information remains.
2.3.9 The contractor must adhere to the agency's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference.
An ITR worksheet is required for any computer related item costing $1,000.00 or more, including
data processing hardware, software, services, supplies, maintenance, training, personnel and
facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and
must be provided to the agency upon request. The contractor has the responsibility to require any
subcontractors to comply with the agency's ITR procedures.
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May 2009
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ARRA 203.09
2.4 DELIVERABLES
Service U nit of
Service
Congregate Meal Screening
Nutrition Counseling Hour
Screening/ Assessment for Home-Delivered Meals
Congregate and Home Delivered Meal Meal
Nutrition Education Episode
2.5 Reports
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.
2.5.1 Client Information and Ree:istration Trackinl! System (CIRTS) Reports
The contractor is required to use CIRTS reports in the web-based CIRTS database system to
ensure 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.
In addition to utilizing the above reports, the contractor shall track separately those services
which are provided through "Recovery Act" funding. The nutrition program CIRTS input codes
to be used to track ARRA Program activity shall be as follows:
(I) ARR 1 - for all authorized congregate meals services; and
(2) ARR2 - for all authorized home-delivered meals services.
2.5.2 SurpluslDeficit Report
The agency will submit a consolidated surplus/deficit report in a format provided by the
Department of Elder Affairs to the Department of Elder Affairs by the 25th of each month. This
report is for all agreements and/or contracts between the contractor and the agency. The report
shall include the following:
(1) A list of all subcontractors and their current status regarding surplus/deficit;
(2) The contractor's detailed plan on how the surplus/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 agency'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.
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May 2009
ARRA 203.09
2.5.3 ARRA Services Reports
The agency shall develop and ensure providers submit detailed ARRA reports in accordance
with the requirements set forth in Exhibit A to A TT ACHMENT I. Reports shall be submitted
with the request for reimbursement no later than the 2nd day of the month following the month
being reported or as specified in ATTACHMENT VIII.
2.5.4 Nutrition Services Incentive Proe:ram (NSIP) Reports
The agency shall ensure that ARRA meal providers which serve Nutrition Services Incentive
Program (NSIP) eligible meals will seek NSIP reimbursement for eligible ARRA meals. Eligible
meals are meals:
(1) That meet the Older Americans Act (OAA) nutritional requirements,
(2) Are served by OAA providers; and
(3) Served to OAA eligible clients.
The agency will ensure that ARRA eligible meals will be included on the monthly NSIP CIRTS
report that is submitted with the monthly NSIP expenditure and requests for payment report.
2.6 Records and Documentation
The agency will ensure the collection and maintenance of client and service information on a
monthly basis from the CIRTS or any such system designated by the agency. Maintenance
includes valid exports and backups of all data and systems according to agency standards.
2.6.] Each contractor, among other requirements, must anticipate and prepare for the loss of information
processing capabilities. The contractor shall maintain written policies and procedures for
computer system backup and recovery and shall have the same requirement in its contracts and/or
agreements with subcontractors. These policies and procedures shall be made available to the
agency upon request.
2.6.2 Each contractor, among other requirements, must maintain separate and distinct records of the use
of ARRA funds, including the number of meals served, number of people served; and the number
of jobs created, retained or expanded from part-time to full-time accordance with Exhibit A to
ATTACHMENT I.
2.7 PERFORMANCE SPECIFICATIONS
2.7.] Outcomes and Outputs
(1) The contractor shall timely submit to the agency all reports described in A TT ACHMENT I,
Paragraph 2.5, REPORTS;
(2) The contractor shall timely submit to the agency all information described in
ATTACHMENT I, Paragraph 2.6, RECORDS AND DOCUMENTATION;
(3) The contractor shall ensure services in this contract are in accordance with A TT ACHMENT
A and this contract.
2.7.2 Monitorine: and Evaluation Methodoloe:y
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.
2.8 CONTRACTOR'S FINANCIAL OBLIGATION
2.8.1 Matchine:. Level of Effort. and Earmarkine: Requirement
The agency will assure, through a provision in subcontracts, a match requirement of at least 10
percent of the cost for all services funded through this contract. The subcontractor's match will be
20
16D11
May 2009
ARRA 203.09
made in the form of cash and/or in-kind resources. Match must be reported by service each
month. At the end of the contract period, all ARRA funds must be properly matched. Use of
other federal program dollars cannot be used to match ARRA funds.
2.8.2 Consumer Contributions
(]) The contractor assures compliance with Section 315 of the Older Americans Act as amended
in 2006, in regard to consumer contributions;
(2) Voluntary contributions are not to be used for cost sharing or matching;
(3) Accumulated voluntary contributions are to be used prior to requesting federal
reimbursement; and
(4) Voluntary contributions are to be used only to expand services.
2.8.3 The agency agrees to distribute funds as detailed in the area plan update and the Budget
Summary, A TT ACHMENT VII to this contract. Any changes in the amount of federal funds
identified on the Budget Summary form require a contract amendment.
2.8.4 ARRA Fund Limitations
ARRA funds for nutrition services for the elderly are time-limited and do not include any
recurring funding beyond the grant period. All ARRA grant funds must be budgeted in the same
congregate or home-delivered meal category as awarded. ARRA funds are primarily to be used to
increase the number of eligible clients receiving congregate and home-delivered meals. ARRA
funding for other nutrition services (screening, counseling and education) must not exceed 10
percent of the total ARRA funding. The agency shall ensure that contractors have plans in place
for client service provision and staff transition after the ARRA grant period ends.
2.9 AGENCY RESPONSIBILITIES
2.9.1 Proe:ram 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.
2.9.2 Contract Monitorine:
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 cost reimbursement contract. The agency agrees to pay for contracted services according
to the terms and conditions of this contract in an amount not to exceed $252,640.08, subject to the
availability of funds.
3.2 REQUESTS FOR PAYMENT
The contractor shall consolidate all requests for payment and expenditure reports that support
requests for payment and shall submit to the agency on forms 105ARRl (ATTACHMENT IX-
A), 105ARR2 (A TT ACHMENT IX-B), 106ARRA (A TT ACHMENT X). Duplication or
replication of both forms via data processing equipment is permissible, provided all data elements
are in the same format as included on agency forms.
3.2.1 The due date for the request for reimbursement and report(s) shall be no later than the 2nd day of
the month following the month being reported or as specified in A TT ACHMENT VIII.
3.2.2 All payment requests shall be based on the submission of actual monthly expenditure reports
beginning with the first month of the contract.
21
May 2009
1 qRU 21.J.
3.2.3 Any payment due by the agency under the terms of this contract may be withheld pending the
receipt and approval of all financial and programmatic reports due from the contractor and any
adjustments thereto, including any disallowance not resolved as outlined in Paragraph 21 of this
contract.
3.2.4. Payment may be authorized only for allowable expenditures, which are in accordance with the
limits specified in ATTACHMENT VII. Budget Summary. Any changes in the amounts of
federal or general revenue funds identified on the Budget Summary form require a contract
amendment.
3.2.5 Date for Final Request for Payment
The final request for payment will be due to the agency no later than October 22. 2010.
3.2.6 Documentation for Payment
The contractor shall maintain documentation to support payment requests that shall be available
to the agency or authorized individuals, such as Department of Financial Services, upon request.
3.2.7 The agency shall ensure contractors enter all required data per the agency's CIRTS Policy
Guidelines for clients and services in the CIRTS database. Data must be entered into CIRTS
before the contractors submit their request for payment and expenditure reports to the contractor.
The contractor shall establish time frames to assure compliance with due dates for the requests for
payment and expenditure reports to the agency.
3.2.8 The agency will require contractors to run monthly CIRTS reports and verify that client and
service data in CIRTS is accurate. This report must be submitted to the agency with the monthly
request for payment and expenditure report and must be reviewed by the agency before the
contractor's request can be approved by the agency.
22
May 2009
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16D11
May 2009
ARRA 203.09
A TT ACHMENT 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:
(I) 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 legislature, 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) 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.
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 $10,000.00 and not more than $100,000.00
for each such failure.
~~, d~~
Signature ,
June 9, 2009
Date:
Donna Fiala. Chairman
Name of Authorized Individual
ARRA 203.09
Application or Agreement Number
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Name and Address of Organization
{~~/11~
Assistant County Attorney
" ~~
I.
tyCI~ "
. ___.U . ~n. frM1' ,
A\.. lxii "l'i fle, J;.q. ~'. (-: ".'.'
" :.0. . ..'"'" #;- '. \t.. -.....:/
4) ~ gil3vut".'~~-~.. c - -- -,
,~ .,,).
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DOEA Form 103
(Revised Nav 2002)
26
16D11
May 2009
ARRA 203.09
ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the Area Agency on Aging of 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 OMS 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 staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy
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 Director of Finance of the Area Agency on Aging of
Southwest Florida, Inc.
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 OMS
Circular A133, as revised.
In the event that the provider expends $500,000.00 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 OMS Circular A-133,
as revised. EXHlBIT 1 to this agreement indicates Federal resources awarded through the Department of Elder
Affairs 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 trom the Department of Elder Affairs. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMS Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the
provisions of OMS Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised.
If the provider expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMS Circular A-133, as revised, is not required. In the event that the provider expends less
than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMS Circular A 133, as revised, the cost of the audit must be paid from non-Federal resources (i.e.,
the cost of such audit must be paid trom provider resources obtained trom 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 .31O(b )(2) of OMS Circular A-133, as revised, the
27
May 2009
l~JJoll
schedule of expenditures of Federal awards shall identifY expenditures by agreement number for each agreement
with the Department of Elder Affairs 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
$500,000.00 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 Department of Financial Services; and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this
agreement indicates state financial assistance awarded through the Department of Elder Affairs 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 state financial assistance received from the Department of Elder Affairs, other
state agencies, and other nonstate entities. State tinancia1 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 I, 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 (nonprotit and for-profit organizations), Rules of the Auditor General.
If the provider expends less than $500,000.00 in state financial assistance in its fiscal year (for tisca1 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 $500,000.00 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, 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 tindings 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 reference 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.
28
16D11
May 2009
ARRA 203.09
PART III: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMS Circular A-] 33, as revised, and required
by PART I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-]33, as
revised, by or on behalf ofthe provider directly to each of the following:
The Area Agency on Aging for Southwest Florida, Inc. at each of the following addresses:
Leigh Wade-Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
The Federa] Audit Clearinghouse designated in OMS Circular A-] 33, as revised (the number of copies required by
Sections .320 (d)(l) and (2), OMS 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
Jefferson, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMS Circular A-]33,
as revised.
Pursuant to Sections .320(t), OMS Circular A-133, as revised, the provider shall submit a copy of the reporting
package described in Section .320(c), OMS Circular A-] 33, as revised, and any management letter issued by the
auditor, to The Area Agency on Aging of Southwest Florida, Inc. at each of the following addresses:
Leigh Wade-Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on
behalf of the provider directly to each of the following:
The Area Agency on Aging of Southwest Florida, Inc. at each of the following addresses:
Leigh Wade-Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the Area Agency on Aging for
Southwest Florida, Inc. pursuant to this agreement shall be submitted timely in accordance with OMS Circular A-
]33, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Ru]es of the Auditor General, as applicable.
29
16D11
May 2009
ARRA 203.09
Providers, when submitting financial reporting packages to the Area Agency on Aging for Southwest Florida, Inc.
for audits done in accordance with OMS Circular A-]33 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the provider in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its and the Area Agency on Aging's compliance with the
terms of this agreement for a period of six years from the date the audit report is issued, and shal1 al10w the Area
Agency on Aging for Southwest Florida, Inc. or its designee, the Director of Finance access to such records upon
request. The provider shal1 ensure that audit working papers are made available to the Area Agency on Aging for
Southwest Florida, Inc. or its designee, Director of Finance 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 for Southwest Florida, Inc.
30
May 2009
1 ~D21.01
ATTACHMENT III
EXHIBIT -1
1. FEDERAL RESOURCES A WARDED TO THE SUBRECIPIENT PURSUANT TO THIS
CONSIST OF THE FOLLOWING:
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Program Title Funding Source CFDAlCSF A Amount
Title III C 1 (ARRA)Congregate U.S. Health and Human 93.707
Meals Services $49,023.72
Title III C2 (ARRA) Home U.S. Health and Human 93.705
Delivered Meals Services $19,878.12
TOTAL FEDERAL AWARD: $68,901.84
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
31
May 2009
lRQ 2Q.J 1
A TT ACHMENT III
EXHIBIT -2
PART I: AUDIT RELA TIONSHlP DETERMINATION
Providers who receive state or federal resources mayor 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 ifthe audit threshold requirements set forth in Part I and/or
Part 11 of Exhibit I 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 ofOMB Circular A-133 and/or Rule 691-5.066, FAC, provider has been determined to be:
_Vendor or exempt entity and not subject to OMS Circular A-133 and/or Section 215.97, F.S.
_X_Recipientlsubrecipient subject to OMB Circular A-133 and/or Section 25.97, F.S.
NOTE: If a provider is determined to 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), F AC [state financial
assistance] and Section _.400 OMB Circular A-133 [federal awardsJ.
PART II: 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-I 02 - Administrative requircments
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 Part 230 Cost Principles for Non-Profit Organizations (Formerly OMS Circular A-22-Cost
Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-II 0 - 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 215Administrative Requirements (Formerly OMB Circular A-II O-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
recipientlsubrecipient, must comply with the following fiscal laws, rules and regulations:
Section 215-97. Fla. Stat.
Chapter 619-5. Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State expenditures
Other fiscal requirements set forth in program laws, rules and regulations.
32
May 2009
16RnoloJ
A TT ACHMENT IV
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR AGREEMENTS, GRANTS, LAND AND
COOPERATIVE AGREEMENTS
The undersigned, an authorized representative of the recipient named in the contract or agreement to which this form
is an attachment, hereby certifies that:
(I) The recipient 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 93) 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 grand funds that have not been accounted for
properly.
(2) Management Information Systems used by the recipient, sub-contractor(s) or any outside entity on which
the recipient 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, recipient(s) will take immediate action to assure data integrity.
(3) Ifthis 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 recipient (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 recipient 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 recipient 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 recipient 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 OMS Circulars A-I 02
and 2 CFR Part 215 (formerly OMS Circular A-II 0).
Donna Fiala
Collier County Board of County Commissioners
3301 Tamiami Trail East Naples, FL 34112
Name and ress of Recipient i
c:I~,
Chairman
Title
June 9, 2009
Date
Donna Fiala, Chairman
Name of Authorized Signer
C~/VI~
Assistant County A~orney
., ....1' ~.. '
1'1,'
,:n
~'
.~
<.).)
33
iiWt at' to"Chl'fn.a.c ,
Ll'1"'.tUt'f' 0It.... .<
16 D 11
May 2009
ARRA 203.09
ATTACHMENT V
CERTIFICA TION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNT ARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS
(I)
The prospective contractor certifies, by signing this certification, neither it nor its principals are presently debated.
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
(2)
rospective contractor is unable to certify to any of the statements in this certification, such prospective
= ~ :;t~i' "rtiO"tioo
June 9, 2009
Date
Signature
Donna Fiala. Chairman
Title
Collier Countv Board of County CO~I1l~siotl!irs
Agency/Organization '. .:~',.~::" Y~I
~~';"1 .' 0/
'f
""
(Certification signature should be samc as Contract signature.)
~~7f)~
Assistant County Attorney
Instructions for Certification
~ ~ ~) n ~ t !- ' ~c
I. The terms (covcred transaction."' ""debarred."' "suspended."' "ineligible,"' "lower tier covcred transaction," "Person,"
"Primary covered transaction." and "voluntarily excluded." as used herein. have the mcanings 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 thc agency for assistancc 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 latcr determined that the recipient 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 recipient will provide immediate written notice to the agency if at any time the recipient learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances. The recipient may
decide 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 recipient will includc a "Ccrtification Regarding Debarmcnt, Suspension. Ineligibility and Voluntary Exclusion
'Lower Ticr Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered
transactions.
5. Thc recipient agrecs 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 recipient knowingly enters into a lower ticr 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 recipient may rely upon a certification of a prospective participant in a lower tier covered transaction, unless it
knows that the certification is erroneous.
34
16011
May 2009
ARRA 203.09
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 othcr s=aspect of this collection of
information, including suggestions for reducing this burden. to the Offiee 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.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please
contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
I. 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 applications.
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.
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 ofOPM's
Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
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 ] 972, 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 U.s.C.
794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended
(42 U.S.C., 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment
Act of 1972 (P.L. 92-255), as amended, rclating 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., 360 I 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
nondiscrimination statute(s) which may apply to the application.
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.. 150] -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),
35
16D11
May 2009
ARRA 203.09
regarding labor standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of section 102(a) of the Flood Disaster
Projection 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 $10,000.00 or
more.
II. 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 1738 (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. 1451 et seq.); (0 conformity of Federal actions of State (Clear Air) Implementation Plans under
Section 176(c) or the Clear Air Act of 1955. as amended (42 U.S.c. 740 I et scq.); (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-1 ct 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.. 480 I 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.
F AlJTHORIZ7~G OfFICIAL
TITLE
Chairman
APPLICANT ORGANIZATION
DATE SUBMITTED
Collier County Board of County Commissioners
Housing and Human Services
June 9. 2009
~1Y1~
.
Assistant County Attorney
36
t,~
",.- ~.1 \ .
May 2009
16011
ARRA 203.09
A TT ACHMENT VII
AMERICAN RECOVERY AND REINVESTMENT ACT
THREE MONTH BUDGET SUMMARY
RECIPIENT: Collier County Board of County Commissioners
1. C 1 Congregate Meals
$ 49,023.72
2. C2 Home Delivered Meals
$ 19,878.12
TOTAL
$ 68,901.84
37
May 2009
CONTRACT REPORT CALENDAR
COST REIMBURSEMENT BASIS CONTRACT
REPORT
BASED ON
1
2
3
4
5
6
7
8
9
10
11
12
13
]4
15
16
17
18
38
16D11
ARRA 203.09
A TT ACHMENT VIII
SUBMIT TO THE AGENCY
ON THIS DATE
June 2, 2009
Jul 2,2009
Au ust 3, 2009
Se tember 2, 2009
October 2,2009
November 2. 2009
December 2, 2009
Januar 4,2010
Februa 2, 2010
March 2, 20 I 0
A ril2, 2010
Ma 3,2010
June 2, 2010
Jul 2,2010
Au ust 2,2010
Se tember 2,20 I 0
October 4, 2010
October 22, 2010
May 2009
16D11
ARRA 203.09
ATTACHMENT IX-A
OLDER AMERICANS ACT
RECEIPTS AND EXPENDlTl'RE REPORT
American Recovery and Investment Act
PROVIDER NAME, ADDRESS, PHONE # AND FEID# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD:
ARRI ~-~ From: to
Report #
Contract #
PSA#
CERTIFICATION: I certifY to the best of my knowledge and belief that this report is complete and all outlays herein are for the purposes
set forth in the contract.
Prepared by: Date: Approved by: Date:
PART A: BUDGETED INCOME/RECEIPTS I) Approved 2) Actual Receipts 3. Total Receipts 4. Percent of
Budget For This Report Year to Date Approved Budget
I. Federal Funds $0.00 $0.00 $0.00 0.00%
2. Program Income $0.00 $0.00 $0.00 0.00%
3. Local Cash/lnkind Match - 10% Required $0.00 $0.00 $0.00 0.00%
4. TOT AI, RECEIPTS $0.00 $0.00 $0.00 0.00%
PART B: EXPENDITURES I) Approved 2) Expenditures 3. Expenditures I 4. Percent of
Budget For This Report Year to Date Approved Budget
I. Nutrition Education $0.00 $0.00 $0.00 0.00%
2. Nutrition Counseling $0.00 $0.00 $0.00 0.00%
3. Congregate Meals $0.00 $0.00 $0.00 0.00%
4. Congregate Meals Screening $0.00 $0.00 $0.00 0.00%
5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 0.00%
PART C: OTHER EXPENDITURES 1) Approved 2) Expenditures 3. Expenditures 4. Percent of
(For Tracking Purposes only) Budget For ThiS Report Year to Date Expenditures
I. Match - 10% Required
a: Other and In-Kind $0.00 $0.00 $0.00 0.00%
b: Local Match $0.00 $0.00 $0.00 0.00%
2. NSIP Cash Received $0.00 $0.00 $0.00 0.00%
3. TOTAL OTHER $0.00 $0.00 $0.00 0.00%
39
16 D 11
May 2009 ARRA 203.09
DOEA FORM 105ARRI 04109
ATTACHMENT IX-B
OLDER AMERICAl'I'S ACT
RECEIPTS AND EXPENDITlJRE REPORT
American Recovery and Investment Act
PROVlDER NAME, ADDRESS, PHONE # AND FEID# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD:
ARR2 From: to
Report #
Contract #
PSA#
CERTIFICA nON: I certifY to the best of my knowledge and belief that this report is complete and all outlays herein are for the purposes
set forth in the contract.
Prepared bv: Date: Approved by: Date:
PART A: BUDGETED INCOME/RECEIPTS I) Approved 2) Actual Receipts 3. Total Receipts 4. Percent of
Budget For This Report Year to Date Approved Budget
I. Federal Funds $0.00 $0.00 $0.00 0.00%
2. Program Income $0.00 $0.00 $0.00 0.00%
3. Local Cash/lnkind Match - 10% Required $0.00 $0.00 $0.00 0.00%
4. TOTAL RECEIPTS $0.00 $0.00 $0.00 0.00%
PART 8 EXPENDITURES I) Approved 2) Expenditures 3. Expenditures I 4. Percent of
Budget For This Report Year to Date Approved Budget
I. Nutrition Education $0.00 $0.00 $0.00 0.00%
2. Nutrition Counseling $0.00 $0.00 $0.00 0.00%
3 Congregate Meals $0.00 $0.00 $0.00 0.00%
4. Congregate Meals Screening $0.00 $0.00 $0.00 0.00%
5. TOTAL EXPENDITURES $0.00 $0.00 $000 0.00%
PART C: OTHER EXPENDITURES 1) Approved 2) Expenditures 3. Expenditures 4. Percent of
(For Tracking Purposes only) Budget For This Report Year to Date Expenditures
I. Match - 10% Required
a: Other and In-Kind $0.00 $0.00 $0.00 0.00%
b: Local Match $0.00 $0.00 $0.00 0.00%
2. NSIP Cash Received $0.00 $0.00 $0.00 0.00%
3. TOTAL OTHER $0.00 $0.00 $0.00 0.00%
40
May 2009
16D11
ARRA 203.09
DOEA FORM 105ARR2 04/09
ATTACHMENT X
OLDER AMERICANS ACT
REQlIEST FOR PAYMENT
American Recovery and Reinvestment Act
PROVIDER NAME. ADDRESS, PHONE # AND FEID# TYPE OF REPORT: THIS REQUEST PERIOD:
Rcimbursement From: to
Report #
Contract #
PSA#
CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for the purposes
set forth in the contract.
Prepared by: Date Approved by: Date:
PART A: BUDGET SUMMARY ARRI ARR2 TOTAL
] Approved Agreement Amount $0.00 $0.00 $0.00
2. Previous Funds Received for Agreement $0.00 $0.00 $0.00
3 Agreement Balance $0.00 $0.00 $0.00
4. Previous Funds Requested for Agreement Period $0.00 $0.00 $0.00
5. Agreement Balance $0.00 $0.00 $0.00
PART B: EXPENDITURES
I. Net Expenditures for the Month $0.00 $0.00 $0.00
2. TOTAL EXPENDITURES $0.00 $0.00 $0.00
PART C: FUNDS REQUESTED
I. Funds Requested $0.00 $0.00 $0.00
2. NET FUNDS REQUESTED $0.00 $0.00
DOEA FORM 106ARRA 04/09
41
May 2009
~PA Q3.11
ATT ACHMENT A
Department of Elder Affairs Programs & Services Handbook, provided on CD.
Also, available at the Department's Intranet site under, "Publications."
42
May 2009
16D11
ARRA 203.09
Program/Facility Name County I AAA/Conlraelor
Address Completed By
Cily. Slate. Zip Code Date I Telephone
STAlE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS
CIVIL RIGHTS COMPLlANCE CHECKLlST
ATTACHMENT A
PART I. READ TilE ATTACHED I:'o/STR\JCTIONS FOR ILL.\JSTRATlVE INFORMATION WHICH WILL HELP YOl] IN TilE
COMPLETION OF THIS FORM.
I. Briefly describe the geographic area served by the program/facility and the type of service provided:
-"'---...--.----- -.. ~-'--"--'-~ --------_..__..~- -.------. _.,--
-------......--.----- ---.... __no _.____.~_..___.._~_____..__..~_._._____"~ .'__ _~.__~__...~____.___.___.____
2.
3.
4.
5.
%Othe~ %Female E:':---:J
PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE.
6. Is an Assurance of Compliance on file with DOEA~ IfNA or No, explain. NA YES NO
ODD
--.------ ----,._---- - -~--~~_._.... ._--~--
~_.._------_._- --._-~----- ..--- ~._-------- .._-_._--------"-~._~-_.-
7. Compare staff composition to the population. Are staff representative of the population~
IfNA or NO, explain.
NA YES NO
DO 0
8. Compare the client composition to the population. Are race and sex characteristics representative
of the population? IfNA or No, explain.
NA YES NO
ODD
9. Are eligibility requirements for services applied to clients and applicants without regard to race,
color. national origin, sex. age, religion or handicap? If NA or NO, explain.
-~._-_.__._--,._~'--------".~_._--,~--~--_._--_.__..~--.-- ~._._._-~-_..-
NA YES NO
ODD
----.---.~.._-.- -~--_..._. "'_'~_m._____ _ __......_______.__~"_____
10. Are all benefits, services and facilities available to applicants and participants in an equally effective
manner regardless oft-ace, sex, color, age, national origin, religion or disability? IfNA or NO. explain. NA YES NO
.~------ ~----'-"'-"- -----..----.--.--.'''-....----..--------
-~-~"'---_._.-.....~._.._--_._---~..._._-,.~_._--
ODD
--- ------- -- -._- ~-,_..__._-_..._--._---- -- -_._.__....~---- _..~----~--------_.._-_..----_._-"...._--
-------..-----...-----....------ -----~--..._--_..--.----_.---,- --
-----.------ ._--~-------~.. .-._._--_."-~~._--~----_.._._--------_..._.__._-
II. For inpatient services, are room assignments made without regard to race, color, national
origin or handicap? IfNA or NO. explain.
NA YES NO
ODD
...--------------.,,-- ._._-_.~-----_.._--- -~..._---_.- _..~-
Revised May 2008 Page I or 2
-_........_.._---~----.._-- ---------._".~-~----~-- ._--~_.---------_._---
43
May 2009
16D11
ARRA 203.09
ATTAClIMENrA
12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain.
NA YES NO
ODD
l3.-Are empl~y'~~s, appli'Zarrt~';~d participani;;;;formed ~itheir protection against-dis~~im;;;ati~
If YES, how? Verbal D Written D Poster D IfNA or No, explain. NA YES NO
___.__~______.~..___.__n 0 0 0
14. Give the number and current status of any discrimination complaints regarding services or
Employment filed against the program / facility.
NA NUMBER
o
15. Is the program/facility physically accessible to mobility, hearing and sight impaired Individuals?
IfNA or NO, explain.
NA YES NO
ODD
PART Ill. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES
16. Has a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to
make any necessary modifications') If NO. explain. YES NO
DO
17.
Is there an established grievance procedure that incorporates due process into the resolution
of complaints? If NO, explain.
YES NO
DO
18. Has a person been designated to coordinate Section 504 compliance activities? If NO, explain.
YES NO
00
19. Do recruitment and notification materials advise applicants, employees and participants of
nondiscrimination on the basis of disability? If NO. explain.
YES NO
00
20. Are auxiliary aids available to assure accessibility of services to hearing and sight
impaired individuals? lfNO, explain.
YES NO
00
PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF
$50,000 OR MORE
21. Do you have a written affirmative action program? If NO, explain. YES NO
DO
DOEA USE ONLY
Rcvi~wcd by D No.D ,
In Compliance: YES
Progrwn onic~ I
*Notice of Corrective Action S~nt I I I
Dale I Telephone:
Rcsnonsc OUl.: / I I
On.Sile D Desk Rev iew D Response Recei ved / I I
DOEA Form IOI-A. Revised Mlly2008_ Page 2 of2
44
May 2009
16D11
ARRA 203.09
^TACIIMENl ^
INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST
I. Describe the geographic service area such as a district, county, city or other locality. If the program/facility
serves a specific target population such as adolescents, describe the target population. Also define the type of
service provided.
2. Enter the percent of the population served by race and sex. The population served includes persons in the
geographical area for which services are provided such as a city, county or other regional area. Population
statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census
containing Florida population statistics. Include the source of your population statistics. ("Other" races include
Asians/Pacific Islanders and American Indian/Alaskan Natives.)
3. Enter the total number offull-time statfand their percent by race, sex and disability. Include the effective date of
your summary.
4. Enter the total number of clients who are enrolled. registered or currently served by the program or facility, and
list their percent by race. sex and disability. Include the date that enrollment was counted.
5. Enter the total number of advisory board members and their percent by race, sex and handicap. If there is no
advisory or governing board, leave this section blank.
6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in
compliance with all nondiscriminatory provisions as required in 45 eFR 80. This is usually a standard part of the
contract language for DOEA recipients and their subgrantees. 45 CFR 80.4(a)
7. Is the race, sex, national origin composition of the staff reflective of the general population? For example. if 10%
of the population is Hispanic, is there a comparable percentage of Hispanic staft'?
8. Where there is significant variation between the race, sex or ethnic composition of the clients and their availability
in the population, the program/facility has the responsibility to determine the reasons for such variation and take
whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when
programs are sanctioned to serve targct populations such as cldcrly or disabled persons. 45 eFR 80.3 (b) (6)
9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or
employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also
through on-site record analysis of persons who applied but were denied services or cmploymcnt. 45 eFR 80.3 (a)
and 45 eFR 80.1 (b) (2)
10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services.
physical and recreational therapies, counseling and social services without regard to race, sex, color, national
origin, religion, age or handicap. Courtesy titles, appointment scheduling and accuracy of record keeping must be
applied uniformly and without regard to race, sex, color, national origin, religion, age or handicap. Entrances,
waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients. 45 CFR
80.3 (b)
II. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national
origin or disability. Also, residents must not be asked whether they are willing to share accommodations with
persons of a difl"erent race, color, national origin, or disability. 45 eFR 80.3 (a)
12. The program facility and all services must be accessible to participants and applicants, including those persons
who may not speak English. In geographic areas where a significant population of non-English speaking people
live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a
policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will
assist in the provision of services. 45 eFR 80.3(a)
45
May 2009
16011
ARRA 203.09
13.
Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available of
their participants, beneficiaries or any othcr interested parties. This should include information on their right to
tile a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of
HHS. The information may be supplied verbally or in writing to every individual. or may be supplied through the
use of an equal opportunity policy poster displayed in a public area of the facility. 45 CFR 80.6(d)
14.
Report number of discrimination complaints filed against the program/facility. Indicate the basis. e.g.. race, color,
creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment.
placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the
name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the
current status, e.g., settled, no reasonable cause or reasonable cause found, failure to conciliate, failure to
cooperate. under review, etc.
15.
The program/facility must be physically accessible to disabled individuals. Physical accessibility includes
designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby,
public telephone, restroom facilities, water fountains, information and admissions offices should be accessible.
Door widths and traffic areas of administrative offices. cafeterias, restrooms, recreation areas, counters and
serving lines should be observed for accessibility. Elevators should be observed for door width, and braille or
raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be
installed at an appropriate height for mobility impaired individuals.
]6.
Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a
self-evaluation to identify any accessibility barriers. Self-evaluation is a four step process:
· With the assistance of a disabled individual/organization, evaluate current practices and policics to
identify any practices or policies which do not comply with Section 504.
· Modify policies and practices that do not meet Section 504 requirements.
. Take remedial steps to eliminate any discrimination that has been identified.
· Maintain self-evaluation on file. (This checklist may be used to satisfy this requirement if these four steps
have been followed.)45 CFR 84.6
17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate
appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any
action prohibited by Section 504.45 CFR 84.7 (b)
18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to
comply with Section 504.45 CFR 84.7 (a)
19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of
nondiscrimination on the basis of handicap. This includes recruitment material, notices for hearings. newspaper
ads. and other appropriate written communication. 45 CFR 84.8 (a)
20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with
impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include. but are not limited to,
interpreters for hearing impaired individuals, taped or braille materials. or any altemative resources that can be
used to provide equally effective services. 45 CFR 84.52 (d)
21. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and
maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60
and Title VI of the Civil Rights Act of 1964, as amended.
46
Attestation Statement
Agreement/Contract Number ARRA 203.09
Amendment Number
I, Donna Fiala. Chairman , attest that para!!r1wh 12. (la!!e 4 was edited to include reference
to Section 768.28. };'.S.. re!!ardin!! sovereil!n immunitv. .;\0 !!.!.l!!:r.changes or revisions have been made to the
(Recipient/Contractor representative)
content of the above referenced agreement/contract or amendment between the Department of Elder Affairs
and
Collier Countv Board of Countv Commissioners
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data proce ing media, which has no affect on the agreement/contract content.
!
June 9 2009
Date
~M,~
Assistant Cou nty Attorney
c .~
,....,
ti"\( ;;.....~ T~ ~.,_ ,
rV)i;jtw~~'..ii
DO~;(9&ntr,~.Ct)1a~ager to initial and date indicating signatures/initials appropriate on all documents;
ready for J)@-EA' Secretary/designee signature.
initial date
Revised August 2007
16D11
( Deleted: n