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Agenda 01/15/2008 Item #16D30 Agenda Item No. 16030 January 15, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between Collier Couuty Board of County Commissioners and Senior Friendship Centers, Inc. to provide interim nutrition services for the Housing and Human Services Department, Services for Seniors Program. OBJECTIVE: To provide uninterrupted nutntlOn scrv.ees 10 Collier County residents that include congregate and home-delivered meals to seniors. CONSIDERATION: Senior Friendship Centers, Inc. has been providing meals and nutrition services 10 Collier County residents for the past t\\lO years. [here are tv../o meal sites \11 operation; East Naples Community Center. and the Robet1s Center in Jmmokalee. "l'he home-delivered meals arc served to seniors in Naples, lmmokalce and Everglades City. Senior Friendship Center has historically contracted directly with our flHlding agency~ the local /\rea Agency on Aging. The A.rea Agcnc)' on Aging recently '~ent out a request for proposal (RFP) for nutntJOll scrVlces. Senior Friendship Center:-;, lnc. infonnf'd County staff that they would no 1cmger j)r0vide nutrition services ill Collier Count\' 3nd thcl'cfc)rc would not ~lIb111il a bid for the services. As the Lead Agency in Collier Ci.lunty, the Housing and HU!l18n Services Depm1Tnent submitted a bid for the nutrition services and was awarded the c.ontract on December J 3, 2008. cfhe Area Agency on Aging received no additional bids on nutrition services f(x Collier County. The grant dates are January 1,2008 through Decem bel' 3 I , 200i( Statf is seeking approval from the Board of County Commissioners to continue providing uninte'Tupted services to seniors for the first two months of the new grant year. This will allow staff ample time to work with purchasing to formally put out a bid for a meal vendor and hire stafT for this program. In order to make the transition as smooth as possible, we are requesting a sixty (60) day transition period with Senior Friendship Centers. This will require that the Collier County l'lousing Human Services Department program sub-contract directly with Senior Friendship Centers, Ine, The agreement will start January I, 2008 and end February 29, 2008, If the transition period is less than sixty days, we have included language in the contract to end the agreement earlier. This agreement amount will not exceed $50,000. Senior Friendship Centers, Inc. has agreed to continue providing meals and services at an agreed upon reimbursement rate of $8,86 for congregate meals and $632 for home-delivered meals. FISCAL IMPACT: An annual Older Americans Act appropriation was awarded to the Housing and Human Services Department from January 1,2008 through December 31, 2008. These funds have already been budgeted through the Oftice of Management and Budget. No county matching funds are required for this agreement. This agreement will not exceed $50,000, RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve and authorize the Chainnan to sign the agreement between Collier County Board of Commissioners and Senior Friendship Centers, Inc. to provide nutrition services to seniors. Prepared by: Teni Daniels, Accounling Supervisor, Housing and Human Services Department Agenda Ilem No. 16030 January 15, 2008 Page 2 of 9 .il,genda Item No. 16030 January 15, 2008 Page 3 of 9 AGREEMENT THIS AGREEMENT, made and entered into on this _ day of January 2008, by and between the Senior Friendship Centers, Inc. of Collier County authorized to do business in the State of Florida whose business address is 3600 Evans Ave., Fort Myers, FL 33901, hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter call the "County": WITNESSETH: 1. COMMENCEMENT. This contract shall be for a sixty (60) day period, commencing on January 1, 2008, and terminating on February 29, 2008. 2, SCOPE OF WORK: congregate and home responsibilities include: The Contractor will provide nutritional services to eligible delivered meals residents of Collier County. Contractors a) Contractor will coordinate with the caterer to make arrangements for food delivery to all congregate and home delivered meal sites, this includes frozen meals. b) Compile monthly reports by the first Friday of the following month. These will be submitted to the Housing and Human Services Department and will contain total meals served, client names, and appropriate program, c) Keep the Housing and Human Services staff informed of client problems that may arise, whether at a dining site or home delivered meal client. d) Conduct meals assessments for all non-case managed clients utilizing 701A; this includes C-l and C-2 assessments. e) Maintain proper documentation of all clients served whether congregate or home delivered, balancing client rosters with caterer's billing sheets, f) SFC will submit a request for reimbursement to the Housing and Human Services Department by the 8th of the month. g) Work with all appropriate Housing and Human Services staff to ensure a smooth transition with uninterrupted service to nutrition services recipients. Agenda Item No. 16030 January 15, 2008 Page 4 of 9 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement an estimated total amount of fifty-thousand dollars, ($50,000) based on the reimbursement of actual units of service provided. Contractor will be reimbursed based on the unit rates as follows: Congregate meal rate: $8.86 Home Delivered Meal rate: $6,32 Payment will be made upon receipt of a proper invoice and in compliance with Section 218,70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and/ or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements, The County shall pay the Contractor for the performance of this Agreement. 4. NOTICES. All notices from the County to the Contractor shaIl be deemed duly served if mailed or faxed to the Contractor at the following address: Senior Friendship of Collier County 3600 Evans Ave. Fort Myers, Florida 33901 Nancy Green-Irwin, Executive Director Phone: 239-275-1881 AIl notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Housing and Human Services Department 3301 Tamiami Trail East Bldg. H/211 Naples, Florida 34112 Attn: Marcy Krumbine, Director Phone: 239-252-2273 Fax: 239-732-2638 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County, Agenda Item No. 16030 January 15, 2008 Page 5 of 9 6. SUBCONTRACTS. Any work or service subcontracts by the Contractor shall be specifically written contracts or agreements, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the Contractor of any subcontract hereunder, such subcontracts must be submitted by the Contractor to Housing and Human Services for its review and approval. None of the work or services covered by the Agreement, including but not limited to consultant work or services, shall be subcontracted by the Contractor or reimbursed by the County without prior written approval of the Housing and Human Services Director or her designee. 7. AMENDMENTS. The County may, at its discretion, amend this Agreement to conform to changes required by Federal. State, or County guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County, Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's designee. 8. PERMITS: LICENCES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor, In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S, Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule,:order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contr~ctor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor Agenda Item No. 16030 January 15, 2008 Page 6 of 9 further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No, 2004- 53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; furtl1er the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. a. Equal Employment Opportunity Plan requirements: In accordance with Federal regulations, and Assurance No,6 in the Standard Assurances, your organization must comply with EEOP requirements. 13. INSURANCE. The Contractor shall provide insurance as follows: A Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability, B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership, C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Agenda Item No. 16030 January 15, 2008 Page 7 of 9 The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy, Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet, The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12, INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor or Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant or anyone employed or utilized by the Contractor or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to performithose services. ,b,genda item No. 16D30 January 15, 2008 Page 8 of 9 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the State of Florida Department of Elder Affairs and the Collier County Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. COLLIER COUNTY HOUSING AND HUMAN SERVICES BY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. Deputy Clerk JAMES COLETTA, CHAIRMAN Date: ___._. January !i,200~____. SENIOR FRIENDSHIP CENTERS, 1Ne. By: NANCY GREEN-IRWIN EXECUTIVE DIRECTOR Date: January 15.2008 Approved as to form and legal sufficie~ ~ RZ~,Z~~ Assistant County Attorney Page] of 1 Agenda Item No. 16030 January 15, 2008 Page 9 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: '!6030 ReCGm!y,Bnct"tic!n (:Jf tne B03j'd of County Ccmrnls,;ioiler~, to appr:)'-'!e and authorize tl18 ::::h8.l,r'lar to sign 8'1 agls'?ment: br:,;tlJ\lE:en ColiifJI '~~Dur:iy Bcmd ot Cow;ty C':Jrnrn!SSlonEO'rs and Sel,i::F Fi-iend:o-hq::; C:ente[:~ Ine; jc~ provide interirT' ,wtr,tlcw 58r', ices for ~he HOl1slIlg and '-I:.lrliar ~~er.,ilces :='1f.'iJartrnent Services {or ~:;enl::Y~~ r':oQrari' Meeting Date: ~/-i S,:2008 SjU(;:UO AM Prepared By [;r,nii>10, ~,rd~,t,5 C.uOt.(iir"JiOr 'iE;H' Puhlic Servi':;0S hOli~,lri9 i~ h'_lin3n SE;i'\-ICeS U/28i2007 ~ -: ''::'1:: G !U\i1 A.pproved By 11/:f!T'v ~(rurdl:);nE:' ,'r;-'}ct.y ;.!Cite cub:ic ::~sr'vi",':'.5 _".c,,-. ,_,:, ::,':<;":'007 ~,.iV1 i\pprovl'd n~' i\i:a :::, ;::~Irns,,;~' ',1:<11;, . 011" <<'i-'S ':lie :-'ubiic 5':-1:';1'\'1::(;:' -',);:;i,C :;c~',,:~,.,,~,;nwl :::2G08 U:5.t ,iiM A ppn.ved By elMS Coordin;;llOr !1pplicati0ns t,.n~;Jyst Date Administrative Services Information Technology 1/3/20089:12.AM Approved By Sherry Pryor fJianagement &: Budget Anal:'st Date County Manager's Office Office of Management & Budget 1/3/2008 12:57 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/3/20081:31 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/7/20089:52 AM file://C:\AgendaTest\Export\98-January%20 15, %202008\ 16,%20CONSENT%20AGENDA \] ... 1/9/2008