Agenda 10/28/2008 Item #16D23
Agenda Item No. 16023
October 28,2008
Page 1 of 41
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign an agreement between the Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida and approve a budget
amendment to recognize the grant revenue in the amount of $43,255.32 for the Nutrition
Services Incentive Program (NSIP).
OBJECTIVE: The approval and execution of this contract and budget amendment is necessary
to recognize grant funding in the Services for Seniors program.
CONSIDERATIONS: Collier County Services for Seniors began administering the Senior
Nutrition program in January 2008. The program consists of two congregate meals sites, one
located in the East Naples Community Center and the other is located at the Roberts Center in
Immokalee. Home delivered meals are also provided to the frail elderly through this grant
program. The contract period for this grant is October I, 2008 through September 30, 2009.
This grant program will reimburse the County $0.6051040 for each meal served in the nutrition
program. These additional funds can be used to supplement the required match, thereby reducing
the County's obligation to budget additional matching funds for the Nutrition Program. The
anticipated revenue from this prOb'Tam is $43,255.32.
GROWTH MANAGEMENT: There 1S no growth management impact from this
recommendation.
FISCAL IMPACT: FY 09 budget in the Older Americans Act cost center (155972) will
increase by $43,255.32. No additional matching funds are required.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board Action - CMG.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
and accept the grant award, authorize the Chairman to sign the agreement and approve the
necessary budget amendment.
Prepared by:
Debbi Maxon, Case Manager, Housing and Human Services Department
Page I of I
Agenda Item No. 16023
October 28, 2008
Page 2 of 41
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D23
Meeting Date:
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign an agreement between the Collier County Board of County Commissioners
and the Area Agency on Aging of Southwest Florida and approve a budget amendment to
recognize the grant revenue in the amount of $43,255.32 for the Nutrition Services Incentive
Program (NSIP).
10/28/20089:00:00 AM
Prepared By
Debbi Maxon
Case Manager II
Date
Public Services Division
Housing and Human Services
10/9/20083:02:23 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/10/20084:17 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/10/2008 5:08 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
10/15/2008 11 :43 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/16/2008 8:40 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/20084:17 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10t21/20081:46 PM
file:/IC:\AgendaTest\Exoort\115-0ctober%2028. %202008\ 16. %20CONS FNT%20A GFN...
1 O/?2/200R
October 2008
Agenda Item No. 16023
ec~A_~ri~ 203.09
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
STANDARD CONTRACT
NUTRITION SERVICES INCENTIVE PROGRAM
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
TIllS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc.
hereinafter referred to as the "agency," and Collier County Board of County Commissioners.
hereinafter referred to as the "Contractor", and collectively referred to as the "Parties." The term
contractor for this purpose may designate a vendor, sub-grantee or sub-recipient, the status to be further
identified in ATTACHMENT ill, Exhibit-2 as necessary.
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.
Incorporation of Documents within the Contract
The contract will incorporate attachments, proposal(s), area planes), relevant agency handbooks, manuals or
desk books, as an integral part of the contract, except to the extent that the contract explicitly provides to the
contrary. In the event of conflict in language among any of the documents referenced above, the specific
provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the
Proposal(s) or other general materials not specific to this contract document and identified attachments.
2.
3.
Term of Contract
This contract shall begin on October 1. 2008 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. 2009.
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 $43.255.32. or the rate schedule, subject to the availability of funds. Any costs or
services paid for under any other contract or from any other source are not eligible for payment under this
contract.
5.
Renewals
By mutual agreement of the parties, in accordance with section 287.058(1)(f), F.S., the agency may renew the
contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The
renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other
costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original
contract and contingent upon satisfactory performance evaluations by the agency and the availability of funds.
6.
6.1.
Compliance with Federal Law
This contract contains federal funds the provider shall comply with the provisions of 45 CFR 74 andlor 45
CFR 92, and other applicable regulations.
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October 2008
Agenda Item No. 16023
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6.2.
If this contract contains federal funds and is over $100,0?0, the contractor shal~ comply with all
applicable standards, orders, or regulations issued under section .306 of the Clean Air Act as amended
(42 USC 7401 et seq.), section 508 of the Federal Water PollutIon C?ntrol Act .as amended (33 U~C
1251 et seq.), Executive Order 11738, as amended, and where. app.hcable Environmental ProtectIOn
Agency regulations 40 CFR 30. The contractor shall report any vIOlatIons of the above to the agency.
6.3.
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,
the contractor must, prior to contract execution, complete the Certification Regarding Lobbying
fonn, ATTACHMENT II. All disclosure fonns as required by the Certification Regarding
Lobbying form must be completed and returned to the Contract Manager, prior to payment under
this contract.
6.4.
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 USC 1324 a) and the
Immigration Refonn and Control Act of 1986 (8 USC 1101). Such violation shall be cause for
unilateral cancellation of this contract by the agency.
6.5.
That if this contract contains $10,000 or more of federal funds, the contractor shall comply with
Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375
and others, and as supplemented in Agency of Labor regulation 41 CFR 60 and 45 CFR 92, if
applicable.
6.6
That a contract award with an amount expected to equal or exceed $25,000.00 and certain other
contract awards shall not be made to parties listed on the government-wide Excluded Parties List
System, in accordance with the OMB guidelines at 2 CFR 1 80 that implement Executive Orders
12549 and 12689, "Debannent and Suspension." The Excluded Parties List System contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549. The
contractor will comply with these provisions before doing business or entering into subcontracts
receiving federal funds pursuant to this contract. The contractor shall complete and sign
ATTACHMENT V prior to the execution of this contract.
7.
Compliance with State Law
7.1.
That this contract is executed and entered into in the State of Florida, and shall be construed,
performed and enforced in all respects in accordance with the Florida law, including Florida
provisions for conflict of laws.
7.2.
Requirements of Section 287.058, F.S.
7.2.1.
The contractor will provide units of deliverables, including reports, findings, and drafts, as
specified in this contract, which the Contract Manager must receive and accept in writing prior to
payment.
7.2.2.
The contractor will submit bills for fees or other compensation for services or expenses m
sufficient detail for a proper pre-audit and post-audit.
7.2.3.
The contractor will allow public access to all documents, papers, letters, or other public records as
defined in subsection 119.011(11), 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
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October 2008
Agenda Item No. 16023
e6Wt~~5~~ 203.09
7.3.
7.4.
7.5.
8.
9.
9.1.
9.2.
9.3.
9.4.
9.5.
9.6.
9.7.
10.
contractor's refusal to comply with this provision shall constitute an immediate breach of contract
for which the agency may unilaterally terminate the contract.
If clients are to be transported under any agreements and/or contracts incorporating this contract,
the contractor shall comply with the provisions of Chapter 427, F.S., and Rule 41, F. A. C.
Subcontractors who are on the discriminatory vendor list may not transact business with any
public entity, in accordance with the provisions of section 287.134, F .S.
The contractor will comply with the provisions of section 11.062, F.S., and section 216.347, F.S.,
which prohibit the expenditure of contract funds for the purpose of lobbying the legislature,
judicial branch or a state agency.
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), or 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
determination( s).
Audits. Inspections. Investi2ations. Public Records and Retention
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.
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.
Upon demand, at no additional cost to the agency, the contractor will facilitate the duplication
and transfer of any records or documents during the required retention period in Paragraph 9.2.
To assure that these records shall be subject at all reasonable times to inspection, review, copying,
or audit by Federal, State, or other personnel duly authorized by the agency.
At all reasonable times for as long as records are maintained, persons duly authorized by the
agency and the agency's Federal auditors, pursuant to 45 CFR 92.36(i)(lO), shall be allowed full
access to and the right to examine any of the contractor's contracts and related records and
documents, regardless of the form in which kept.
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.
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.
Nondiscrimination-Civil Ril!bts ComDliance
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October 2008
Agenda Item No. 16023
e8h~~6~~jlf 203.09
10.1.
10.2.
10.3
10.4
11.
12.
13.
13.1.
14.
14.1.
The contractor will execute assurances in A TT ACHMENT VI that it will not discriminate
against any person in the provision o~ se~.ices or. benefi~ ~nder t~is contract or i~ emploY?Ient
because of age, race, religion, color, disabilIty, natIonal ongm, mantal status or sex m compliance
with state and federal law and regulations. The contractor further assures that all contractors,
subcontractors, sub grantees, 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.
The contractor will retain, on file, during the term of this agreement a timely, complete and
accurate Civil Rights Compliance Checklist (ATTACHMENT B).
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.
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 sub-
contractors, 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.
Provision of Services
The contractor will provide services in the manner described in A TT ACHMENT I.
Monitorine bv the Aeencv
The contractor permits 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.
Indemnification
9..l~'ec+-fu-tt..e. Limds cf i7~B. 26,1 RCe .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.
Insurance and Bondine
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
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October 2008
Agenda Item No. 16023
e~~~~~ 203.09
or subdivision as defined by subsection 768.28(2), F .S., the contractor accepts full responsibility
for identifying and determining the type(s) and extent of lia?ility insurance necessary.to provide
reasonable financial protections for the contractor and the chents 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.
14.2. 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.
15. 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.
16. Health Insurance Portability and Accountabilitv Act Where applicable, to 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).
17. Incident Reportin~
17.1. 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, such as problems, delays or adverse conditions which may
impair the ability to meet the objectives of this contract.
17.2. 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.
18. Sponsorship and Publicity
18.1. As required by section 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) and the State of Florida, Agency of Elder
Affairs." If the sponsorship reference is in written material, the words "State of Florida, Agency
of Elder Affairs" shall appear in at least the same size letters or type as the name of the
organ ization.
18.2. The contractor shall not use the words "The State of Florida, Agency of Elder Affairs" to indicate
sponsorship of a program otherwise financed, unless, specific authorization has been obtained by
the agency prior to use.
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October 2008
Agenda Item No. 16023
€atW;J:;f..t1fo8;N'SOO 203.09
u~1Je 01 4~
19.
19.1.
19.2.
19.3.
20.
20.1
20.2
21.
22.
23.
Assi!!oments
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 sublicen~e,
assignment, or transfer otherwise occurring without prior written approval of the agency WIll
constitute a material breach of the contract.
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.
This contract shall remain binding upon the successors in interest of either the contractor or the
agency.
Subcontracts
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.
The contractor shall promptly pay any subcontractors upon receipt of payment from the 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.
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.
Pavment
Payments will be made to the contractor pursuant to s. 215.422, F.S., as services are rendered and
invoiced by the contractor. The agency's Contract Manager will have final approval of the
invoice for payment, and will approve the invoice for payment only if the contractor has met all
terms and conditions of the contract, unless the bid specifications, purchase order, or this contract
specify otherwise. The approved invoice will be submitted to the agency's fiscal 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 Agency of Financial Services and may be contacted at (850) 413-5665.
Return of Funds
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October 2008
Agenda Item No. 16023
~t~~Ui 203.09
t-'age 9'onn
The contractor will return to the agency any overpayments due to unearned fu~d~ or fun~s
disallowed and any interest attributable to such funds pursuant to the terms and conditions of tt:IS
contract that were disbursed to the contractor by the agency. In the event that the contractor or l~S
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 fust discovers an overpayment has been made, tJ:te Contract Manager, on behalf of the
agency, will notify the contractor by letter of such findmgs.. Should repayment n~t be made
forthwith the contractor will be charged at the lawful rate of mterest on the outstandmg balance
, .
pursuant to Section 55.03, F.S., after agency notification or contractor discovery.
24. Data Intee:ritv 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 backup and recovery. The
contractor shall complete and sign ATIACHMENT IV prior to the execution of this contract.
25. 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 or administration
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 hislher 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) days of an individual's original appointment or placement in that
position, or if the individual is serving as an incumbent, within thirty (30) 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.
26. 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.
287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being
placed on the convicted vendor list.
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October 2008
Agenda Item No. 16023
e8~;lh8~~ 203.09
27.
31.
32.
33.
34.
Purchasin!!
27.1
To purchase articles which are the subject of or are required to carry out this contract from Prison
Rehabilitative.
27.2.
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 of sections 403.7065 and 287.045, F.S.
28.
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 performed under this contract, the contractor shall refer the
discovery, invention or material to the agency to be referred to the Agency 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.
29.
Emer!!encv Preparedness and Continuity of Operations
29.1.
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 30 days of the execution of this contract, submit to the
Contract Manager verification of an emergency preparedness plan. In the event of an emergency,
the contractor shall notify the agency of emergency provisions.
29.2.
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.
30.
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.
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.
Dispute Resolution
Any dispute concerning performance of the contract shall be decided by the Contract Manager,
who shall reduce the decision to writing and serve a copy on the contractor.
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.
Venue
If any dispute arises out of this contract, the venue of such legal recourse will be Lee County,
Florida.
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October 2008
Agenda Item No. 16023
~~t~NgW 203.09
~~.Page 11 of 41
35.
36.
43.
Entire Contract .
This contract contains all the terms and conditions agreed upon by the partIes. No oral
agreements or representations shall b~ valid or binding up?n the agency or the contractor unless
expressly contained herein or by a Written amendment to thIS contract.
Force Maieure .'
Neither party shall be liable for any delays or failures m performa~ce due to .c~rcums~ces
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.
37.
SeverabilitvClause
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.
38.
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. In the event such an appropriation is
not made, the contractor shall not be entitled to file a claims bill.
39.
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 State's best interest. The parties shall negotiate
compensation for any additional services added.
40.
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.
41.
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.
42.
Final Invoice
The contractor shall submit the fmal invoice for payment to the agency as specified in Section
3.3.5 (date for final request for payment) of ATTACHMENT I. lfthe 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.
Ren~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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October 2008
Agenda Item No. 16023
8g~2;t~g~ 203.09
44.
44.1.
44.2.
44.3.
44.4
45.
Termination
This contract may be terminated by either party without cause upon no less than thirty (30)
calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in
writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service
that provides verification of delivery or by hand delivery to the Contract Manager or the
representative of the contractor responsible for administration of the contract.
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 provider.
Said notice shall be delivered by u.s. Postal Service or any expedited delivery service that
provides verification of delivery or by hand delivery to the Contract Manager or the
representative of the contractor responsible for administration of the contract. The agency shall
be the fmal authority as to the availability and adequacy of funds. In the event of termination of
this contract, the provider wiII be compensated for any work satisfactorily completed.
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 the 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 right to remedies at
law or in equity.
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 perfonn 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.
Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
Collier County Board of County Commissioners
The contractor name, as shown on page 1 of this contract, Housing and Human Services Department
a. and mailing address of the official payee to whom the 330 I Tamiami Trail East
payment shall be made is: Building H, Room 211
Naples, Florida 34112
Terri Daniels, Accounting Supervisor
Collier County Board of County Commissioners
b. The name of the contact person and street address where Housing and Human Services Department
[mancial and administrative records are maintained is: 3301 Tamiami Trail East
Building H, Room 211
Naples, Florida 34112
Marcy Krumbine, Director
Collier County Board of County Commissioners
The name, address, and telephone number of the Housing and Human Services Department
c. representative of the contractor responsible for 3301 Tamiami Trail East
administration of the program under this contract is: Building H, Room 211
Naples, Florida 34112
239-252-2273 Fax 239-774-3430
The section and location within the agency where Area Agency on Aging for Southwest Florida, Inc.
d. Requests for Payment and Receipt and Expenditure forms 2285 First Street
are to be mailed is: Fort Myers, Florida 33901
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October 2008
Agenda Item No. 16023
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Leigh Wade-Schield, Executive Director
The name, address, and telephone number of the Contract Area Agency on Aging for Southwest Florida, Inc.
e. 2285 First Street
Manager for the agency for this contract is: Fort Myers, Florida 33901
(239) 332-4233
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.
46. All Terms and Conditions Included
This contract and its Attachments, I - XI, 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 38 page contract, to be executed by their
undersigned officials as duly authorized.
COLLIER COUNTY HOUSING AND
HUMAN SERVICES
BY:
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Date: October 28, 2008
Approved as to fonn and
legal sufficiency
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA
C~m~
Assistant County Attorney
By:
ROBERT D. JOHNSON
BOARD PRESIDENT
Date: September 30. 2008
FEDERAL ID NUMBER: 59-6000558
FISCAL YEAR-END DATE: 9/30
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Agenda Item No. 16023
eg~~~tl~~ 203.09
INDEX TO CONTRACT ATTACHMENTS
ATTACHMENT ATTACHMENT DESCRIPTION PAGE
ATTACHMENT I STATEMENT OF WORK 13-20
ATTACHMENT II CERTIFICATION REGARDING LOBBYING 21
ATTACHMENT III FINANCIAL COMPLIANCE AUDIT ATTACHMENT 22-28
ATTACHMENT N CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE 29
ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 30
Th<'ELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
ATTACHMENT VI ASSURANCES - NON-CONSTRUCTION PROGRAMS 31-32
ATTACHMENTVII REQUESTFORPAYMENT 33
A TTACHMENT A AGENCY OF ELDER AFFAIRS PROGRAMS AND
SERVICES HANDBOOK (ON CD)
Will Provide later
ATTACHMENT B
AGENCY OF ELDER AFFAIRS CNIL RIGHTS COMPLIANCE
CHECKLIST AND INSTRUCTIONS
34-38
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Agenda Item No. 16023
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October 2008 ,.M'Ffage '15 OT41
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
STATEMENT OF WORK
NUTRITION SERVICES INCENTIVE PROGRAM
SECTION I: SERVICES TO BE PROVIDED
1.1. DEFINITIONS OF TERMS AND ACRONYMS
1.1.1. CONTRACT ACRONYMS
Area Agency on Aging (AAA)
Client Information and Registration Tracking System (CIRTS)
Dietary Reference Intake (DR!)
Nutrition Services Incentive Program (NSIP)
Older Americans Act (OAA)
Planning and Service Area (PSA)
Web-based Database System (WebDB)
United States Agency of Agriculture (USDA)
1.1.2. PROGRAM SPECIFIC TERMS
Service Provider Application: A service provider application plan developed by the contractor
outlining a comprehensive and coordinated service delivery system in its planning and service
area in accordance with the Section 306 (42 U.S.C. 3026) of the Older Americans Act (OAA) and
agency instructions.
Service Provider Application Update: A revision to the service provider application wherein
the area agency on aging enters OAA program specific data in the web-based database system
(WebDB). An update may also include other revisions to the service provider application as
instructed by the agency.
1.2. AGENCY MISSION STATEMENT
The agency's mission is to help aging adults, 60 and older, achieve greater independence through
awareness of resources and access to qualified service providers. The agency's vision is 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. The agency believes residents of Southwest Florida are entitled to:
· Comprehensive infonnation about their choices of care
. Timely access to resources and services
. High standards of quality and perfonnance
· 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 program priorities.
1.2.1. Nutrition Services Incentive Program Mission Statement
The Nutrition Services Incentive Program (NSIP) is intended to provide incentives for the
effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the
number and/or the quality of meals served.
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Agenda Item No. 16023
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1.3. GENERAL DESCRIPTION
1.3.1. General Statement
The NSIP is intended to provide incentives for the effective delivery of nutritious meals to older
individuals. NSIP is a cash allotment or commodity program that supplements funding or food
used in meals served under the Older Americans Act. Florida has opted for cash payments in lieu
of donated foods.
1.3.2. Authority
(1) Older Americans Act of 2006, as amended, Section 311;
(2) 42 D.S.C. 303a, 42 D.S.C. 604, 42 U.S.C. 3057; and
(3) Section 430.101, Florida Statutes
1.3.3. Scope of Service
The contractor is responsible for the programmatic, fiscal, and operational management of NSIP.
The scope of services associated with this contract shall include ensuring that the following
program service tasks are addressed: (1) program eligibility requirements are met; (2) meals
served are compliant with prescribed nutritional requirements; and (3) meals served comply with
U.S. origin food requirements.
The contractor is also responsible for overseeing the nutrition service operations of the provider
to ensure that the expected results are achieved. Services shall be provided in a manner consistent
with and described in the current service provider's application update and the current Agency of
Elder Affairs Programs and Summary Handbook.
The contractor shall use the NSIP funding under this contract to supplement funding for food
used in meals served under the OAA.
1.3.4. Term of Provision of Services
The term of this contract for the delivery of services shall be as referenced in Section 3. of the
Standard Contract. However, for the purpose of settling upon the appropriate meal reimbursement
rate, as provided by USDA, the contract shall remain open until December 31, 2009.
Notwithstanding this three (3) month reconciliation period, this contract makes no provisions for
the payment of any services delivered beyond September 30,2009.
1.3.5. Major Program Goals
The major goals of the Nutrition Services Incentive Program (NSIP) program are to:
(1) Supplement funding for food used in meals served by Older Americans Act Nutrition
Program Providers; and
(2) Provide incentives for the effective delivery of nutritious meals to older individuals.
1.4. INDIVIDUALS TO BE SERVED
1.4.1. Individual Eligibility
Congregate Meals:
(1) Individuals age 60 or older;
(2) 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;
14
Agenda Item No. 16023
October 2008 e8~~~~~rn 203.09
(4) Disabled persons who reside at home with and accompany an eIigible person to the
dining center; and .., .
(5) Volunteers, regardless of age, who provide essential servIces on a regular basIS durIng
meal hours.
Home Delivered Meals:
(1) Individuals age 60 or older who are also frail and homebound by reason of illness,
disability or isolation;
(2) The recipient's spouse or caregiver 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.
SECTION ll: MANNER OF SERVICE PROVISION
2.1. SERVICE TASKS
2.1.1. Task List
In order to achieve the goals of the NSIP, the contractor shall ensure the following tasks are
performed:
2.1.1.1. Individual (Recipient) Eligibility
Client eligibility determination as listed in ATTACHMENT I, Paragraph 1.4.
2.1.1.2. Program Eligibility Requirements
The program must meet the following criteria:
(1) An agency that has received a grant under the OAA Title III must serve the meal (Ref.
OAA section 311(42 U.S.C.3030a)); and
(2) A nutrition service provider who is under the jurisdiction, control, management and audit
authority of the area agency on aging and the Agency of Elder Affairs must serve the
meal.
2.1.1.3. Prescribed Nutritional Requirements
Each meal provided must meet the following criteria:
(1) Comply with the current Dietary Guidelines for Americans, published by the secretaries
of the Agency of Health and Human Services and the Agency of Agriculture; and
(2) Provide a minimum of33 1/3 percent of the dietary reference intakes/adequate intakes for
an age 70+ female as established by the Food and Nutrition Board of the National
Academy of Sciences.
2.1.1.4. Food Origin and Commodities Requirements
Consistent with existing requirements of this program, the contractor and/or its service providers
may use NSIP cash to purchase foods of U.S. origin for their nutrition projects underTitle III of
the OAA. NSIP funds must be used to expand meal services to older adults.
2.1.1.5. Oversight of Provider's Nutrition Service Operations
The AAA must oversee the nutrition service operations of the provider to ensure that the
requirements of Attachment I, Paragraphs 2.1.1.1. and 2.1.1.2. are met as well as any other
applicable regulations and policies prescribed by the Agency of Health and Human Services,
15
October 2008
Agenda Item No. 16023
e~ifm~203.09
USDA, state and 10cal health agencies or any other agency designated to inspect meal quality for
the State.
2.1.2. Task Limits
Meals served to an elderly individual under the Medicaid Waiver, Community Care for the
Elderly funded meals or other means tested program may not be included in the NSIP count.
2.2.
Monitoring the Performance of Subcontractors
The contractor shall conduct at least one monitoring per contract year of each subcontractor. The
contractor shall perform fiscal, administrative and programmatic monitoring of each sub-
contractors to ensure contractual compliance, fiscal accountability, programmatic performance,
and compliance with applicable state and federal laws and regulations.
2.3.
SERVICE LOCATION AND EQUIPMENT
2.3.1.
Service Times
The contractor shall ensure the provision of the services listed in this contract are available at
times appropriate to meet client service needs at a minimum, during normal business hours.
Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m.
2.3.2. Equipment
2.3.2.1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful
life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the
capitalization level established by the organization for the fmancial statement purposes, or
$5,000,00 [for federal funds], or (b); nonexpendable, tangible personal property of a non-
consumable nature with an acquisition cost of$I,OOO.OO 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).
2.3.2.2. 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-II0) that include: (a) a
property list with all the elements identified in the circular; and, (b) a procedure for conducting a
physical inventory of equipment at least once every two years. The property records must be
maintained on file and shall be provided to the agency upon request.
2.3.2.3.
The contractor's property management standards for equipment acquired with Federal funds and
federally-owned equipment shall include accurately maintained equipment records with the
following information:
(1) A description of the equipment;
(2) Manufacturer's serial number, model number, Federal stock number, national stock
number, or other identification number;
(3) Source of the equipment, including the award number;
(4) Whether title vests in the contractor or the Federal Government;
(5) Acquisition date (or date received, ifthe 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
16
October 2008
Agenda Item No. 16023
e8_ft~~~ 203.09
Ultimate disposition data, including date of disposal and sales price or the method use~ to
determine current fair market value where a contractor compensates the Federal awardmg
agency for its share.
2.3.2.4. Equipment purchased with federal fun~s. ~ith an acquisition cost over. $S,OO?OO an~ equ~pme?t
purchased with state funds with an acquIsition cost over $1,~OO.OO that IS specIfically l~entified In
the service provider's application approved by the agency IS part of the cost of carrymg 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-I10), Subpart C, Paragraph 34. Equipment purchased under these thresholds is
considered supplies and is not subject to property standards. Equipment purchased with funds
identified in the budget attachments to agreements covered by this contract, or identified in the
sub-agreements with sub-contractors (not included in a cost methodology), is subject to the
conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFRPart 74.
(9)
2.3.2.5. The contractor shall not dispose of any equipment or materials provided by the agency, or
purchased with funds provided through this contract without first obtaining the approval of the
agency's Contract Manager. When disposing of property or equipment the contractor must submit
a written request for disposition instructions to the respective Contract Manager. The request
should include a brief description of the property, purchase price, funding source, percentage of
state or federal participation, acquisition date and condition of the property. The request should
also indicate the contractor's proposed disposition (i.e., transfer or donation to another agency
that administers federal programs, offer the items for sale, destroy the items, etc.).
2.3.2.6. The agency's Contract Manager will issue disposition instructions. If disposition instructions are
not received within 120 days of the written request for disposition, the contractor is authorized to
proceed as directed in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-
110).
2.3.2.7. Real property means land (including land improvements), buildings, structures and
appurtenances thereto, but excludes movable machinery and equipment. Real property may not be
purchased with state or federal funds through agreements covered under this contract without the
prior approval of the agency. Real property purchases from Older Americans Act funds are
subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b United States
Code (USC). Real property purchases from state funds can only be made through a fixed capital
outlay grants and aids appropriation and therefore are subject to the provisions of s. 216.348, F. S.
2.3.2.8. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted
and tested prior to disposal to ensure no confidential information remains.
2.3.2.9. The contractor must adhere to the agency's procedures and standards when purchasing
Information Technology Resources (lTR) 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.
2.4. DELIVERABLES
2.4.1. Service Unit
The contractor shall provide the services described in the contract in accordance with the current
Agency of Elder Affairs Programs and Services Handbook. The chart below lists the services that
17
October 2008
Agenda Item No. 16023
e8_?jj~~~ 203.09
can be performed and the unit of measurement:
Service
Congregate Meals
Home Delivered Meals
Unit of Service
Meal
Meal
)
2.4.2.
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. The contractor must establish
due dates for any subcontractors that permit the contractor to meet the agency's reporting
requirements.
Client Information and Registration Tracking System (CffiTS) Reports
The contractor is required to use ClRTS reports in the web-based ClRTS database system to
ensure CIRTS data accuracy. The report categories include:
(1) Client Reports;
(2) Monitoring Reports;
(3) Services Reports;
(4) Miscellaneous Reports;
(5) Fiscal Reports;
(6) Aging Resource Center Reports; and
(7) Outcome Measurement Reports.
Service Costs Reports
The contractor shall require subcontractors to submit to the contractor semi-annual service cost
reports, which reflect actual costs of providing each service by program. This report provides
information for planning and negotiating unit rates.
Surplus/Deficit Report
The contractor will submit a consolidated surplus/deficit report in a format provided by the
agency to the agency's Contract Manager by the 18th of each month. This report is for all
agreements and/or contracts between the contractor and the agency. The report will include the
following:
(1) A list of all subcontractors and their current status regarding surplus or deficit;
(2) The contractor's detailed plan on how the surplus or deficit spending exceeding the
threshold specified by the agency will be resolved;
(3) Recommendations to transfer funds to resolve surplus/deficit spending;
(4) Input from the contractor's Board of Directors on resolution of spending issues, if
applicable;
(5) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a
priority ranking score of 4 or 5; and
(6) Number of clients currently on the APCL designated as Imminent Risk.
2.4.3. Records and Documentation
The contractor will ensure the collection and maintenance of client and service information on a
monthly basis from the Client Information and Registration Tracking System (CIR TS) or any
such system designated by the agency. Maintenance includes valid exports and backups of all
data and systems according to agency standards.
2.5. PERFORMANCE SPECIFICATIONS
2.5.1. Outcomes and Outputs
18
(1)
(2)
(3)
Agenda Item No. 16023
~t2IJN~!P 203.09
""M~a'?re 11 01'41
The contractor shall submit timely to the agency all reports described in Attachment I,
Paragraph 2.4.2 Reports; ." .
The contractor shall submit timely to the agency all mformatIOn descnbed m Attachment
I, Paragraph 2.4.3 Records And Documentation; .
The contractor shall ensure services in this contract are in accordance WIth the current
Agency of Elder Affairs Programs and Services Handbook
October 2008
2.5.2. Monitoring and Evaluation Methodology .
The agency will review and evaluate the performance of the contractor under the terms of thIS
contract. Monitoring shall be conducted through direct contact with the contractor through
telephone, in writing, or an on-site visit. The agency's determination of acceptable perfonnance
shall be conclusive. The contractor agrees to cooperate with agency in monitoring the progress of
completion of the service tasks and deliverables.
2.6. CONTRACTOR'S FINANCIAL OBLIGATIONS
2.6.1. Use of Service Dollars and Assessed Priority Consumer List Management
The contractor is expected to spend all federal, state and other funds provided by the agency, for
the purpose specified in each contract. The contractor must manage the service dollars in such a
manner so as to avoid having a wait list and a surplus of funds at the end of the contract period
for each program managed by the contractor. If the agency detennines that the contractor is not
spending service funds accordingly, the agency may transfer funds to other planning and service
areas during the contract period and/or adjust subsequent funding allocations accordingly as
allowable under state and federal law
The contractor agrees to distribute funds as detailed in this contract and the area plan update. Any
changes in the total amounts of the funds identified in this contract, number of meals served or
meal rate require a contract amendment.
2.7. AGENCY RESPONSffiILITIES
2.7.1. Agency Obligations
2.7.1.1. Program Guidance and Technical Assistance
The agency will provide to the contractor guidance and technical assistance as needed to ensure
the successful fulfillment of the contract by the contractor.
2.7.1.2. Program/Contract Monitoring
The agency shall, at its own discretion, conduct monitoring concerning any aspect of the
contractor's perfonnance of this contract.
SECTION ill: METHOD OF PAYMENT
3.1. STATEMENT OF METHOD OF PAYMENT
This is a fixed rate contract. The agency shall make payment to the contractor for provision of
services up to a maximum number of units of service and at the prospective rate stated below:
Service to be Provided Unit of Service Unit Rate Maximum Units
Eligible Congregate and I unit = 1 meal $0.6051040 71,484
Home Delivered Meals
The prospective rate is based on the estimated OAA grant award.
19
October 2008
Agenda Item No. 16023
e8~~~ilz~~~ 203.09
3.2.
3.2.1.
3.2.2.
REQUESTS FOR PAYMENT
Date for Final Request for Payment
1) The final request for payment will be due to the agency no later.than Decemb~r ~0.2009.
This contract is for services provided during the 2008 Federal FIscal Year begmnmg
October 1. 2008 through September 30, 2009, however, the contract is in effect through
December 10,2009. The additional three months (October 1,2009 through December
10,2009) are to allow rates to be adjusted for the service period. This contract shall.
automatically terminate after the final rate for the federal fiscal year has been estabhshed
and the release of final payments are authorized by the agency.
(2) In the event that the final reimbursement rate is greater or less than the rate in
Attachment I, Paragraph 3.1, then this contract shall be appropriately adjusted upon
notice from the agency's contract manager.
Documentation for Payment
All requests for reimbursement shall be in accordance with policy regarding reimbursable meals
and Client Information and Registration Tracking System (CIRTS) policy regarding data entry for
reimbursable meals. All requests for reimbursement shall include:
(1) The request for reimbursement shall be submitted on DOEA Form I 17, NSIP Request for
Reimbursement, (Attachment VII).
(2) A CIRTS report must be submitted with DOEA Form 117 as supporting documentation
for the total number of meals reported. The CIRTS report must match the number of
meals reported on DOEA Form 117
(3) Duplication or replication of the DOEA form 1 17 via data processing equipment is
permissible but replication must include all data elements in the same format as included
on the agency form; and
(4) The due date for the request for reimbursement and report(s) shall be no later than the
10th day of the month following the month being reported, except for the fmal request for
reimbursement (December 2009) Shall be no later than December 31, 2009.
Invoices shall be in sufficient detail for a proper pre-audit and post-audit thereof. The contractor
shall maintain documentation to support payment requests that shall be available to the Agency of
Financial Services or the agency upon request.
Any payment due by the agency under the terms of this contract may be withheld pending the
receipt and approval by the agency of complete and accurate financial and programmatic reports
due from the contractor and any adjustments thereto, including any disallowance not resolved as
outlined in s. 23 of this contract.
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Agenda Item No. 16023
e8~~fA~ 203.09
October 2008
ATTACHMENT II
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any state or
federal agency, a member of congress, an officer or employee of congress, an employee of a
member of congress, or an officer or employee of the state legislator, in connection with the
awarding of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any federal contract, grant, loan, or cooperative agreement.
(2)
If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions
(3)
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Signature
Date
Name of Authorized Individual
Application or Agreement Number
Name and Address of Organization
~~
Assistant County Attorney
ATTEST:
DWIGHT E. BROCK. ~
By:
-.' -;";:';"
DOEAForm 103
(Revised Nov 2002
21
October 2008
Agenda Item No. 16D23
8ctober 21LZQOE
o~~NJf 203.09
ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the Agency of Elder Affairs to the provider may be subject to
audits andlor monitoring by the Area Agency on Aging for Southwest Florida, Inc.(AAA), as described in
this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-l33, as revised, and
Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by the agency of staff, limited scope audits as defined by OMB Circular A-B3, 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 AAA. In the event the AAA
determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with
any additional instructions provided by the AM 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 Agency of Elder Affairs' Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non-profit organization as
defined in OMB Circular AI33, as revised.
In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the
provider must have a single or program-specific audit conducted in accordance with the provisions of
OMB Circular A-133, as revised. EXHffiIT 1 to this agreement indicates Federal resources awarded
through the Agency 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 Agency 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 of OMB Circular A-
133, as revised, will meet the requirements ofthis 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-l33, as
revised.
If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A- 133, as revised, is not required. In the event that the
provider expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such audit must be paid from provider resources
obtained from other than Federal entities.)
An audit conducted in accordance with this part shall cover the entire organization for the organization's
fiscal year. Compliance findings related to agreements with the Agency of Elder Affairs 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 Agency of Elder Affairs shall be
22
October 2008
Agenda Item No. 16023
e8~1j~ 203.09
fully disclosed in the audit report with referen~e to the Agency of Elder ~ffairs agreement inv~lved. If
not otherwise disclosed as required by SectIOn 310(b)(2) of OMB CIrcular A-B3, as revIsed, the
schedule of expenditures of Federal awards shall identify expenditures by agreement number for each
agreement with the Agency of Elder Affairs. in e~ec~ during ~he audit period. Fina~cial reportin~
packages required under this part must be submItted wlthm 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 non-state entity as defined by.Sectio? 215.97(2), Flori~
Statutes. In the event that the provider expends a total amount of state fmanclal aSSIstance equal to or In
excess of $500,000 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or
thereafter), the provider must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Agency of Financial Services;
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded
through the Agency 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 Agency of Elder Affairs, other state agencies, and other non-
state entities. State financial assistance does not include Federal direct or pass-through awards and
resources received by a non-state entity for Federal program matching requirements
In connection with the audit requirements addressed in Part 11, paragraph 1, the provider shall ensure that
the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the provider expends less than $500,000 in state fmancial assistance in its fiscal year (for fiscal years
ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than
$500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-
state entity's resources (Le., 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 Agency of Elder Affairs 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 Agency of Elder Affairs shall be fully disclosed in the audit
report with reference to the Agency of Elder Affairs 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 Agency of Elder Affairs 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 Agency of Elder Affairs retains all
right and obligation to monitor and oversee the performance of this agreement as outlined throughout this
document and pursuant to law.
23
October 2008
Agenda Item No. 16023
Cb~~f.203.09
PART ill: 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 the following address:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Wade-Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 332-4233
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB
Circular A-133, 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 AAA at each of the following addresses:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Wade-Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 332-4233
Additionally, copies of [mancial 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 for Southwest Florida, Inc. at the following address:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh Wade-Schield, Executive Director
2285 First Street
Fort Myers, Florida 33901
Phone: (239) 332-4233
The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
24
October 2008
Agenda Item No. 16023
October 28. 2008
Contl'~NStIr1203 .09
Any reports, management letter, or other information required to be submitted to the AAA pursuant to
this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, as applicable.
Providers, when submitting financial reporting packages to the AAA for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the 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 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 AAA or its designee,
the CFO or Auditor General access to such records upon request. The provider shall ensure that audit
working papers are made available to the AAA, or its designee, CFO, or Auditor General upon request for
a period of six years from the date the audit report is issued, unless extended in writing by the AAA.
25
October 2008
Agenda Item No. 16023
October 28,2008
Cont!~sttP1203 .09
ATTACHMENT ITI
EXHIBIT-l
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO
TillS AGREEMENT CONSIST OF THE FOLLOWING:
PROGRAM TITLE FUNDING CFDA AMOUNT
SOURCE
Nutrition Services Incentive Older Americans Act 93.053 $43,255.32
Program
TOT AL FEDERAL AWARD $43,255.32
26
October 2008
Agenda Item No. 16023
October 2a, 2008
Co~1tH~~"54F 203.09
ATTACHMENT ill
EXHIBIT -2
PART I: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources mayor may not be subject to the audit requirements of OMB
Circular A-B3, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or sub-
recipients of federal awards and/or state [mandai 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 ofOMB Circular A-I33, 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
sub-recipients 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 691-5.006, FAC, provider has been determined to
be:
_ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S.
-X- Recipient/sub-recipient subject to OMB Circular A-133 and/or Section 215.97, F.S.
NOTE: If a provider is determined to be a recipient /sub-recipient of federal and or state financial assistance and has
been approved by the agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2),
FAC [state financial assistance] and Section _ .400 OMB Circular A-l33 [federal awards].
PART II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL A WARDS OR ST ATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive
Federal awards or state matching funds on Federal awards and who are determined to be a sub-recipient, 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 Requirements
OMB Circular A-l33 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
NON-PROFIT ORGANIZATIONS MUST FOLLOW:
2 CFR Part 230 Cost Principles for Non-Profit Organizations (Formerly OMB Circular A-122-
Cost Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 - Administrative
Requirements)
OMB Circular A-l33 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EDUCA TIONAL INSTITUTIONS (EVEN IF APART OF A STATE OR LOCAL
GOVERNMENT) MUST FOLLOW:
2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 - Cost
Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-I 10 - Administrative
Requirements )
OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal
requirements set forth in program laws, rules and regulations
*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in
the OMB Circular A-133 Compliance Supplement, Appendix 1.
STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to
be a recipient/sub-recipient, must comply with the following fiscal laws, rules and regulations:
27
October 2008
Agenda Item No. 16023
October 28. 2008
CO~ fgtN8:m 203.09
Section 215.97, Fla. Stat.
Chapter 691-5, Fla Admin. Code
State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
28
October 2008
Agenda Item No. 16023
October 28.2008
Co~ #1N.$llR 203.09
ATTACHMENT IV
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR AGREEMENTS, GRANTS, WANS AND
COOPERATIVE AGREEMENTS
The undersigned, an authorized representative of the contractor named in the contract or agreement to which this
form is an attachment, hereby certifies that:
(l) The contractor and any sub-contractors of services under this contract have financial management systems
capable of providing certain information, including: (1) accurate, current, and complete disclosure of the
financial results of each grant-funded project or program in accordance with the prescribed reporting
requirements; (2) the source and application of funds for all agreement supported activities; and (3) the
comparison of outlays with budgeted amounts for each award. The inability to process information in
accordance with these requirements could result in a return of grant funds that have not been accounted for
properly.
(2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which
the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and
verified to be capable of processing data accurately, including year-date dependent data. For those systems
identified to be non-compliant, contractor(s) will take immediate action to assure data integrity.
(3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip
technology, the undersigned warrants that these products are capable of processing year-date dependent
data accurately. All versions of these products offered by the contractor (represented by the undersigned)
and purchased by the State will be verified for accuracy and integrity of data prior to transfer.
In the event of any decrease in functionality related to time and date related codes and internal subroutines
that impede the hardware or software programs from operating properly, the contractor agrees to
immediately make required corrections to restore hardware and software programs to the same level of
functionality as warranted herein, at no charge to the State, and without interruption to the ongoing
business of the state, time being of the essence.
(4) The contractor and any sub-contractor(s) of services under this contract warrant their policies and
procedures include a disaster plan to provide for service delivery to continue in case of an emergency
including emergencies arising from data integrity compliance issues.
The contractor shall require that the language of this certification be included in aU sub-agreements, sub-grants, and
other agreements and that all sub-contractors shall certify compliance accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by OMB Circulars Al 02 and 2 CFR Part 215 (fonnerly OMB Circular A-II 0).
Tom Henning. Chairman. Collier County Board of County Commissioners
Name and Address of Contractor
Signature
Chainnan
Title
October 28. 2008
Date
Name of Authorized Signer
~m~
ATTEST:
DWIGHT E. BROCKo Clerk
Assistant County Attorney
29
By:
October 2008
Agenda Item No. 16023
8ctober 2~L..ZQ@
o~~1'clN.lt 203.09
ATIACHMENT V
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS
(1) The prospective contractor certifies, by signing this certification, neither it nor its principals is presently
debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal agency or agency.
(2) Where the prospective contractor is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this certification.
Signature Title
Date
Title
Agency/Organization
(Certification signature should be same as Contract signature.)
Instructions for Certification
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out
in the sections of rules implementing Executive Order ]2549. (2 CFR ]80.5-]80.1020, as supplemented by 2
CFR 376.] 0-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those
regulations.
2 This certification is a material representation of facts upon which reliance was placed when the parties entered
into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification,
in addition to other remedies available to the federal government, the agency may pursue available remedies,
including suspension and/or debarment.
3 The contractor will provide immediate written notice to the Contract Manager if at any time the contractor
learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. The contractor 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 contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for
lower tier covered transactions
5 The contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise
authorized by the federal government.
6 If the contractor knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the federal government, the agency may pursue available remedies, including suspension, and/or
debarment.
7 The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
Approved as~~~ ~~!~n is erroneous.
~ ~ ATTEST: ~
C ~~ DWIGHT E. BROCK, Clerk
Colleen Greene,
Assistant County Attorney
30
By:
October 2008
Agenda Item No. 16023
October 28.2008
COJ:tt~#3NSffl203.09
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 other
aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management
and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF
MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING
AGENCY.
1 Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning,
management, and completion of the project described in this application.
2 Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
4 Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
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 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 of the Public Health Service
Act of 1912 (42 V.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 V.S.c.. 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for Federal assistance is being made; and G) 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.
31
October 2008
Agenda Item No. 16023
Dctober 2,(3).?c9.fW
Co~ gLJl- 'Ol'~ 203.09
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 V.S.C. 276c.and 18 D.S.C.. 874) and the Contract Work Hours and Safety Standards Act (40
V.S.C. 327-333), regarding labor standards for federally assisted construction sub-agreements.
10 Will comply, if applicable, with flood insurance purchase requirements of Section J02(a) of the Flood Disaster
Protection Act of 1973 (pL. 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
$]0,000 or more.
11 Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution
of environmental quality control measures under the N atioTIal Environmental Policy Act of 1969 (P.L. 91-190)
and Executive Order (EO) ] ]514; (b) notification of violating facilities pursuant to EO 1 1738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO
11988; (e) assurance ofproject consistency with the approved State management program developed under the
Coastal Zone Management Act of 1972 (16 V.S.C..Federal actions to State (Clear Air)1451 et seq.); (t)
confonnity of Implementation Plans under Section 176(c) of the Clear Air Act of] 955, as . amended (42
U.S.c. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water
Act of ] 974, 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 V.S.C.. 470), EO 1 ]593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 D.S.C.. 469a-l 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.
]5 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 D.S.C..4801 et seq.), which prohibits the
use of lead- based paint in construction or rehabilitation of residence structures.
l7 Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit
Organizations.
18 Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
Chairman
Tom Henning
APPLICANT ORGANIZATION
DATE SUBMITTED
Collier County Board of County Commissioners
Housing and Human Services Department
October 28, 2008
~JVl ~
Assistant County Attorney
.\TTEST:
,)W!GI-n IE.. BROCK, C~'fk
-.~ .
32
October 2008
Agenda Item No. 16023
Contrac?91~tf~~.~
REQUEST FOR REIMBURSEMENT
October 6,2008
Report Prepared by:
Nutrition Services Incentive Program
PROVIDER NAME, ADDRESS, PHONE# and FEID#
TYPE OF REPORT:
A. PAYMENT REQUEST:
Reg u lar_X_
B. METHOD OF PAYMENT:
Reimbursement
FEID#:
CERTIFICATION: I hereby certify that to the best of my knowledge the information in this report is accuratl
and complete and all outlays reported herein were for purposes set forth in the contract documents.
Prepared by:
Date:
Approved by:
PART A: REIMBURSEMENT
1. Number of Meals Served
2. Line 1 Times $.
per Meal
3. Amount to be Reimbursed
PART B: CONTRACT SUMMARY
4. Approved Contract Amount
5. Reimbursement Requested through Last Report
6. Contract Balance Per Last Report
7. Amount to be Reimbursed - This Report
8. Contract Balance
DOEA Form 117, updated 8/12108
33
October 2008
Agenda Item No. 16023
Contract ~~J~~~
STATE OF FLORlDADEPARTMENT OF ELDER AFFAIRS ATTACHMENT B
CIVIL RIGHTS COMPLIANCE CHECKLIST
Program/Facility Name County I AAA/Contractor
Address Completed By
City, State, Zip Code Date I Telephone
PART I. READ THE A TT ACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE
COMPLETION OF THIS FORM.
1. Briefly describe the geographic area served by the program/facility and the type of service provided:
Total#
% White
%Black
POPULATION OF AREA SERVED. Source of data:
%Hispanic %Other %Female
2.
3.
STAFF CURRENTLY EMPLOYED. Effective Date:
Total# %White %Black %Hispanic
%Other
%Female
%Disabled
4.
CLIENTS CURRENTLY ENROLLED OR REGISTERED. Effective Date:
Total# %White %Black %Hispanic %Other %Female
%Disabled % Over 40
5.
ADVISORY OR GOVERNING BOARD, IF APPLICABLE.
Total# %White %Black %Hispanic %Other
%Female
%Disabled
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
DDD
7. Compare staff composition to the population. Are staff representative of the population?
IfNA or NO, explain.
NA YES NO
000
8. Compare the client composition to the population. Are race and sex characteristics representative
of the population? IfNA or No, explain.
NA YES NO
DDD
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
DDD
10. Are all benefits, services and facilities available to applicants and participants in an equally effective
manner regardless of race, sex, color, age, national origin, religion or disability? IfNA or NO, explain. NA YES NO
ODD
34
October 2008
Agenda Item No. 16023
Contract ~mfA ~V~p~
11. For inpatient services, are room assignments made without regard to race, color, national
origin or handicap? IfNA or NO, explain.
Revised May 2008 Page 1 of2
NA YES NO
DDD
ATTACHMENT B
12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain.
13. Are employees, applicants and participants informed of their protection against discrimination?
If YES, how? Verbal D Written D Poster D IfNA or No, explain.
14. Give the number and current status of any discrimination complaints regarding services or
Employment filed against the program / facility.
15. Is the program/facility physically accessible to mobility, hearing and sight impaired Individuals?
IfNA or NO, explain.
NA YES NO
ODD
NA YES NO
ODD
NA NUMBER
D
NA YES NO
ODD
PART III. 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.
18. Has a person been designated to coordinate Section 504 compliance activities? If NO, explain.
19. Do recruitment and notification materials advise applicants, employees and participants of
nondiscrimination on the basis of disability? If NO, explain.
20. Are auxiliary aids available to assure accessibility of services to hearing and sight
impaired individuals? If NO, explain.
YES NO
DO
YES NO
DO
YES NO
DO
YES NO
DO
PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF
$50,000 OR MORE
35
October 2008
Agenda Item No. 16023
October 28, 2008
Contract # lR~ 2@~fOO
21. Do you have a written affirmative action program? If NO, explain.
YES NO
DD
DOEA USE ONLY
Reviewed by D NO*O
In Compliance: YES
Program Office
*Notice of Corrective Action Sent ! I
Date / Telephone:
Response Due ! I
On-Site D Desk Review 0 Response Received ! I
DOEAForm lOl-A, Revised May 2008_ Page 20[2
ATACHMENT A
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 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
AsianslPacific Islanders and American Indian/Alaskan Natives.)
3. Enter the total number of fulI-time staff and their percent by race, sex and disability. Include the effective date of
your summary.
4. Enter the total number of clients who are enrolIed, 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 fmancial 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 ofthe
contract language for DOEA recipients and their sub-grantees. 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%
ofthe population is Hispanic, is there a comparable percentage of Hispanic staff?
8. Where there is significant variation between the race, sex or ethnic composition ofthe 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 target populations such as elderly or disabled persons. 45 CFR 80.3 (b) (6)
9. Do eligibility requirements unlawfulIy 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 employment. 45 CFR 80.3 (a)
and 45 CFR 80.1 (b) (2)
36
October 2008
Agenda Item No. 16023
Octobef k.& 2008
Contract # NSIIle4.Wl d)~ 1
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)
11. 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 different race, color, national origin, or disability. 45 CFR 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 CFR 80.3(a)
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
HIlS. 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.
16. 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 policies 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)
37
October 2008
Agenda Item No. 16023
O,9loJt,e,.r~28 2008
Contract "# ~ 4l.Oa~Q~
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 alternative 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.
38
Agenda Item No. 16D23
October 28,2008
Page 41 of 41
Attestation Statement
Agreement/Contract Number NSIP 203.09
Amendment Number
I, Tom Henning. Chairman
(Recipient/Contractor representative)
, attest that only one change has been made to the
content of the above referenced agreement/contract or amendment between the Area Agency of Aging for
Southwest Florida, Inc. and the
Collier County Board of County Commissioners.
(Recipient/Contractor name)
Page 4, paragraph 13, has been amended to specifically include reference to Section 768.28, Fla. Stat.,
regarding sovereign immunity.
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data processing media, which has no affect on the agreement/contract content.
Signature of Recipient/Contractor representative
(O~Yf1 ~
Assistant County Attorney
Date
ATTEST:
DWIGHT E, BROCK, Clerk
By: