Agenda 07/13/2021 Item #16D 4 (CCSS Support)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve an “After-the-Fact” first amendment and attestation statement with
the Area Agency on Aging for Southwest Florida, Inc., Coronavirus Consolidated Appropriations
Act funding under the Older American Act grant program for the Collier County Services for
Seniors Program to revise allocations for services, update contract language, and authorize the
necessary Budget Amendment. (Net Fiscal Impact $64,733.40)
OBJECTIVE: To provide uninterrupted support services to Collier County Services for Seniors (CCSS)
elderly clients.
CONSIDERATIONS: The Coronavirus Consolidated Appropriations Act (CCAA) was signed into law
on December 27, 2020. The CCAA Act included $168 million in supplemental funding under the Older
American Act (OAA) programs. CCAA Act funds are to prevent, prepare for, and respond to coronavirus
by providing nutrition services to older individuals and their caregivers. Additional funds have been
added to provide information about the COVID-19 vaccinations, identify people needing a vaccination,
scheduling appointments for their vaccinations, and arranging transportation and respite as needed.
The Older American Act (OAA) programs are federal program initiatives that provide assistance to older
persons and caregivers and are the only federally-funded support service programs directed solely toward
improving the lives of older people. Collier County receives these funds through the Florida Department
of Elder Affairs (DOEA) and administered by the Area Agency o n Aging for Southwest Florida, Inc.
(AAASWFL).
The current service agreement for the CCAA in the amount of $231,742.07 was approved by the Board of
County Commissioners (Board) on March 23, 2021, Agenda Item #16D7 effective March 10, 2021. The
table below shows the award amount by Program.
The proposed First Amendment, HCV21-203.21.001 will add and update contract language, revise the
invoice forms and increase the allocation by amending the contract amount by $64,733.40.
Program Project
Number
Current Award
Budget
Revised Budget Increase/
(Decrease)
Title III-C Congregate Meals &
Home Delivered Meals 203.21
33742 $231,742.07 $231,742.07 $0
Expanding Access to COVID-19
Vaccines Fund
33742 $0 $64,733.40 $64,733.40
Total $231,742.07 $296,475.47 $64,733.40
There is no match requirement with CCAA Act funds.
This item is being presented “After-the-Fact” because Collier County received the Agreement on June 2,
2021, from the grantor agency and is required to return it within thirty (30) days. This time frame makes it
impossible to process the document for the Board’s consideration. Pursuant to CMA #5330 and
Resolution No. 2018-202, the County Manager authorized the Public Services Department Head to sign
the agreement. This Agreement is being presented for Board ratification. Collier County, as the Lead
Agency, is responsible for responding to seniors’ needs and managing the spending authority for the
Federal and State Funded Services for Seniors Programs.
FISCAL IMPACT: Budget Amendment is required to recognize grant revenue in the amount of
$64,733.40 for the FY2021 CCAA Act Funding under OAA grant program to Human Services Grant
16.D.4
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fund (707), Project 33742 (HCV21).
GROWTH MANAGEMENT: There is no Growth Management impact from this recommendation.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATIONS: To approve an “After-the-Fact” first amendment and attestation statement
with the Area Agency on Aging for Southwest Florida, Inc., Coronavirus Consolidated Appropriations
Act funding under the Older American Act grant program for the Collier County Services for Seniors
Program to revise allocations for services, update contract language, and authorize the necessary Budget
Amendment. (Net Fiscal Impact $64,733.40)
Prepared By: Wendy Klopf, Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. HCV21 203.21.001-Exec (PDF)
2. (LINKED)HCV21 203.21 exec (PDF)
3. Resolution 2018-202 (PDF)
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Doc ID: 16137
Item Summary: Recommendation to approve an “After-the-Fact” first amendment and attestation
statement with the Area Agency on Aging for Southwest Florida, Inc., Coronavirus Consolidated
Appropriations Act funding under the Older American Act grant program for the Collier County Services
for Seniors Program to revise allocations for services, update contract language, and authorize the
necessary Budget Amendment. (Net Fiscal Impact $64,733.40)
Meeting Date: 07/13/2021
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
06/08/2021 1:44 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
06/08/2021 1:44 PM
Approved By:
Review:
Community & Human Services Kristi Sonntag CHS Review Completed 06/08/2021 6:08 PM
Community & Human Services Akiko Woods Additional Reviewer Completed 06/09/2021 3:47 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/09/2021 6:21 PM
Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 06/10/2021 8:16 AM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 06/10/2021 12:42 PM
Public Services Department Todd Henry Public Services Department Completed 06/10/2021 1:49 PM
Grants Erica Robinson Level 2 Grants Review Completed 06/17/2021 9:54 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/17/2021 10:49 AM
Public Services Department Dan Rodriguez PSD Department Head Completed 06/17/2021 1:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/18/2021 3:47 PM
Grants Therese Stanley Additional Reviewer Completed 06/22/2021 10:29 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/23/2021 9:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:24 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/30/2021 8:22 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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Packet Pg. 1552 Attachment: Resolution 2018-202 (16137 : HCV21 Amendment)
16.D.4.c
Packet Pg. 1553 Attachment: Resolution 2018-202 (16137 : HCV21 Amendment)
(February 2021 — September 2022)
HCV21 203.21
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
STANDARD CONTRACT
CORONAVIRUS CONSOLIDATED APPROPRIATIONS ACT PROGRAM
THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. (Agency) and Collier
County Board of County Commissioners (Contractor), collectively referred to as the "Parties." The term Contractor for this
purpose may designate a Vendor, Subgrantee, or Subrecipient.
WITNESSETH THAT:
WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS,
the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform suchservices as an
independent Contractor of the Agency.
NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the
mutual covenants and conditions set forth herein, 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, forms, and exhibits which constitute the contract document.
2. Incorporation of Documents within the Contract:
The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks,
manuals and/or desk books, as an integral part of the contract, except to the extent that the contract explicitly provides
to the contrary. In the event of conflict in language among any of the documents referenced above, the specific
provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the proposal(s) or
other general materials not specific to this contract document and identified attachments.
3. Term of Contract:
This contract shall begin at twelve (12:00) A.M., Eastern Standard Time February 1, 2021 or on the date the contract
has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59) P.M.,
Eastern Standard Time through September 30, 2022.
3.1 Through the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (as outlined in the
Consolidated Appropriations Act, 2021), this program provides for retroactive payments to state, local, and tribal
governments navigating the impact of the COVID-19 outbreak and, therefore, these funds may be used to reimburse the
Contractor for any goods and services provided on or after February 1, 2021.
The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amountnot
to exceed $231,742.07 subject to the availability of funds. Any costs or services paid for under• any other• contractor fi•om
any other source are not eligible for payment under this contract.
�'3M:'f1M
By mutual agreement of the Parties, in accordance with Section 287.058(1)(g), Florida Statutes (F.S.), the Agencymay
renew the contract for a period not to exceed three years, or the term of the original contract, whichever• is Ionger.The
renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costsfor
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.
(February 2021 — September 2022)
6. Compliance with Federal Law:
HCV21 203.21
6.1 If this contract contains federal funds this section shall apply.
6.1.1 The Contractor shall comply with the provisions of 45 Code of Federal Regulations (CFR) 75 and/or 45
CFR Part 92, 2 CFR Part 200, and other applicable regulations.
6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with all
applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act as amended (42
United States Code (U.S.C.) § 7401, et seq.), Section 508 of the Federal Water Pollution Control Act as
amended (33 U.S.C. § 1251, et seq.), Executive Order 11738, as amended, and, where applicable,
Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations
of the above to the Agency.
C1.3 Neither the Contractor nor any agent acting on behalf of the Contractor may use any federal funds received
in connection with this contract to influence legislation or appropriations pending before Congress or any
state legislature. The Contractor must complete all disclosure forms as required, specifically the
Certification and Assurances Attachment, which must be completed and returned to the Contract Manager
prior to the execution of this contract.
6.1.4 In accordance with Appendix II to 2 CFR Part 200, the Contractor shall comply with Executive Order
11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as
supplemented in Department of Labor regulations 41 CFR Part 60 and in Department of Health and Human
Services regulations 45 CFR Part 92, if applicable.
6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards
will not be made to parties listed on the government -wide Excluded Parties List System, in accordance with
the Office of Management and Budget (OMB) guidelines at 2 CFR Part 180 that implement Executive
Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor shall
comply with these provisions before doing business or entering into subcontracts receiving federal funds
pursuant to this contract. The Contractor shall complete and sign the Certifications and Assurances
Attachment prior to the execution of this contract.
6.2 The Contractor shall not employ an unauthorized alien. The Agency will consider the employment of
unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. § 1324a) and the Immigration
Reform and Control Act of 1986 (8 U.S.C. § 1101). Such violation will be cause for unilateral cancellation of
this contract by the Agency.
6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization
reporting requirements (filing a Form 990 or Form 990-N), and has its tax exempt status revoked for failing to
comply with the filing requirements of the Pension Protection Act of 2006 or for any other reason, the Contractor
must notify the Agency in writing within thirty (30) days of receiving the IRS notice of revocation.
6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons.
6.5 Unless exempt under 2 CFR § 170.110(b), the Contractor shall comply with the reporting requirements of the
Transparency Act as expressed in 2 CFR Part 170.
6.6 To comply with Presidential Executive Order 12989, as amended, and State of Florida Executive Order Number
11-116, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the
employment of all new employees hired by Contractor during the contract term. Contractor shall include in related
subcontracts a requirement that Subcontractors performing work or providing services pursuant to the state
contract utilize the E-verify system to verify employment of all new employees hired by the Subcontractorduring
the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed to be in
compliance with this provision.
(February 2021 — September 2022)
7. Compliance with State Law:
HCV21 203.21
7.1 This contract is executed and entered into in the Area Agency on Aging for Southwest Florida, Inc., and shall be
construed, performed, and enforcedin all respects in accordance with Florida law, including Florida provisions
for conflict of laws.
7.2 If this contract contains state financial assistance funds, the Contractor shall comply with Section 215.97, F.S.,
and Section 215.971, F.S., and expenditures must be in compliance with laws, rules, and regulations including,
but not limited to, the Reference Guide for State Expenditures.
7.3 The Contractor shall comply with the requirements of Section 287.058, F.S., as amended.
7.3.1 The Contractor shall perform all tasks contained in Attachment I.
7.3.2 The Contractor shall provide units of deliverables, including reports, findings, and drafts, as specified in
Attachment I, to be received and accepted by the Agency Contract Manager prior to payment.
7.3.3 The Contractor shall comply with the criteria and final date by which such criteria must be met for
completion of this contract as specified in Attachment I, Section III. Method of Payment.
7.3.4 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail
for a proper pre -audit and post -audit.
7.3.5 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit invoices
for any travel expenses in accordance with Section 112.061, F.S., or at such lower rates as may be provided
in this contract.
7.3.6 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined
in Section 119.011(12), F.S., made or received by the Contractor in conjunction with this contract except
for those records which are made confidential or exempt by law. The Contractor's refusal to comply with
this provision will constitute an immediate breach of contract for which the Agency may unilaterally
terminate this contract.
7.4 If clients
are to be transported under this
contract, the Contractor shall
comply with the provisions of Chapter
4271 F.S.,
and Rule Chapter 41-2, Florida
Administrative Code (F.A.C).
7.5 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.
7.6 The Contractor shall 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.
7.7 The Agency may, at its option, terminate the Contract if the Contractor is found to have submitted a false
certification as provided under Section 287.135(5), F.S., has been placed on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies with Activities in Sudan List, or
the Scrutinized Companies that Boycott Israel List, or if the Contractor has been engaged in business operations
in Cuba or Syria or is engaged in a boycott of Israel.
8. Background Screenine:
The Contractor shall ensure that the requirements of Section 430.0402 and Chapter 435, F.S., as amended, are met
regarding background screening for all persons who meet the definition of a direct service provider and who are not
exempt from the Department's level 2 background screening pursuant to Sections 430.0402(2)-(3), F.S. The Contractor
must also comply with any applicable rules promulgated by the Agency and/or Department and the Agency for Health
CareAdministration regarding implementation of Section 430.0402 and Chapter 435, F.S. To demonstrate compliance
withthis provision, Contractor shall submit the Background Screening Affidavit of Compliance (Screening Form) to the
Agency within thirty (30) days of execution of this contract. Should the Agency have a completed Screening Form on
file for the Contractor, a new Screening Form will be required every twelve (12) months.
8
.1 Further information
concerning the
procedures
for
background screening may be found at
http://elderaffairs.state.fl.usldoea/backgroundscreeningphp.
a0
0
(February 2021 — September 2022)
9. Grievance Procedures:
HCV21 203.21
The Contractor shall develop, implement, and ensure that its Subcontractors have established grievance procedures to
process and resolve client dissatisfaction with, or denial of, service(s) and to address complaints regarding the
termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will
provide for notice of the grievance procedure and an opportunity for review of the Subcontractor's determination(s).
10. Public Records and Retention:
10.1 By execution of this contract, Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable
law, and shall:
10.1.1 Keep and maintain public records required by the Agency to perform the contracted services.
10.1.2 Upon request from the Agency's custodian of public records, provide the Agency a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that doesnot exceed
the cost provided in Chapter 119, F.S., or as otherwise provided by law.
10.1.3 Ensue that public records that are exempt, or confidential and exempt, from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the Contractor does not transfer the records to the Agency.
10.1.4 Upon completion of the contract, the Contractor will either transfer, at no cost to the Agency, all public
records in possession of the Contractor to the Agency or will keep and maintain public records requiredby
the Agency. If the Contractor transfes all public records to the Agency upon completion of the contract,
Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt,from
public records disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the Agency in a format that is compatiblewith
the information technology systems of the Agency.
10.2 The Agency may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal
by the Contractor to comply with Section 10 of this contract by not allowing public access to all documents,papers,
letters, or other material made or received by the Contactor in conjunction with this contract, unless the records
are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section
119.07(1), F.S.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Public Records Coordinator
Area Agency on Aging for Southwest Florida, Inc.
2830 Winkler Ave., Suite 112
Fort Myers, FL 33916
239-652-6900
10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract,
the Contractor and Subcontractors shall, at no cost to the Agency, transfer all public records in their possessionto the
Agency and destroy any duplicate public records that are exempt, or confidential and exempt, from public records
disclosure requirements. All records stored electronically shall be provided to the Agency in aformat that is
compatible with the information technology systems of the Agency.
OVA
(February 2021— September 2022)
11. Audits, Inspections, Investieations:
HCV21 203.21
11.1 The Contractor shall establish and maintain books, records, and documents (including electronic storage media)
sufficient to reflect all assets, obligations, unobligated balances, income, interest, and expenditures of funds
provided by the Agency under this contract. Contractor shall adequately safeguard all such assets and ensurethat
they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information
should be related to performance and unit cost data.
11.2 The Contractor shall retain and maintain 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.
11.3 Upon demand, at no additional cost to the Agency, the Contractor shall facilitate the duplication and transfer•of
any records or documents during the required retention period.
11.4 The Contractor shall ensure that the records described in this section will be subject at all reasonable times to
inspection, review, copying, or audit by federal, state, or other personnel duly authorized by the Agency.
11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Agency and federal
auditors, pursuant to 45 CFR Part 75, shall be allowed full access to and the right to examine any of the
Contractor's contracts and related records and documents pertinent to this specific contract, regardless of the
form in which kept.
11.6 The Contractor shall provide a Financial and Compliance Audit to the Agency as specified in this contract and
ensure that all related third -party transactions are disclosed to the auditor,
11.7 Contractor agrees to comply with the Inspector• General in any investigation, audit, inspection, review, or hearing
performed pursuant to Section 20.055, F.S. Contractor further agrees that it is include in related subcontracts
a requirement that subcontractors performing work or providing services pursuant to this contract agree to
cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to
Section 20.055(5), F.S. By execution of this contract the Contractor understands and will comply with this
subsection.
12. Nondiscrimination -Civil Rights Compliance:
12.1 The Contractor shall execute Assurances as stated in the Assurances -Non -Construction Programs Attachment that
it will not discriminate against any person in the provision of services or benefits under• this contract or in
employment because of age, race, religion, color, disability, national origin, marital status, or sex in compliance
with state and federal law and regulations. The Contractor further assures that all Contractors, Subcontractors,
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.
12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete, and accurate
Civil Rights Compliance Checklist, attached to this contract.
12.3 The Contractor shall 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.
12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit from
federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the
period during which such assistance is provided. The Contractor further assures that all Subcontractors, Vendors,
(February 2021 — September 2022)
HCV21 203.21
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 any 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 ofthis
assurance or seek other appropriate judicial or administrative relief including, but not limited to, terminationof
the contract and denial of further assistance.
13. Monitor ing by the Agencv:
The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers, documents,
facilities, goods, and services of the Contractor, which are relevant to this contract, and to interview any clients,
employees, and Subcontractor employees of the Contractor to assure the Agency of the satisfactory performance of the
terms and conditions of this contract. Following such review, the Agency will provide a writtenreport of its findings to
the Contractor and, where appropriate, the Contractor shall develop a Corrective Action Plan (CAP). The Contractor
hereby agrees to correct all deficiencies identified in the CAP in a timely manner as determinedby the Agency's Contract
Manager.
PC 10
14. Provision
:
The Contractor• shall provide services in the manner described in Attachment I.
15. New Contract(sl Renortine:
The Contractor shall notify the Agency within ten (10) days of entering into a new contract with any of the remainingfour
(4) state human service agencies. The notification shall include the following information: (1) contracting state agency
and the applicable office or program issuing the contract; (2) contract name and number; (3) contract start and end
dates; (4) contract amount; (5) contract description and commodity or service; and (6) Contract Manager name and
contact information. In complying with this provision, and pursuant to Section 287.0575, F.S., as amended, the
Contractor shall complete the Contractor's State Contracts List attached to this contract.
16. Indemnification:
The Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and employees from any
and all claims, demands, actions, and causes of action of whatever nature or character arising out of, or by reason of,
the execution of this contract or performance of the services provided for herein. It is understood and agreed that the
Contractor is not required to indemnify the Agency for claims, demands, actions, or causes of action arising solely out
of the negligence of the Agency.
16.1 Except to
the extent permitted by Section 768.28, F.S., or
other Florida law, this
Section 17 is not applicable to
contracts
executed between the Agency and state agencies
or subdivisions defined
in Section 768.28(2), F.S.
17.1 The Contractor• shall provide continuous adequate liability insurance coverage during the existence of this
contract and any renewals) and extensions) of it. By execution of this contract, unless it is a state agency or
subdivision as defined by Section 768.28(2), F.S., the Contractor accepts full responsibility for identifying and
determining the type(s) and extent of liability insurance coverage necessary to provide reasonable financial
protections for the Contractor and the clients to be served under this contract. The limits of coverage under each
policy maintained by the Contractor do not limit the Contractor's liability and obligations under this contract.
The Contractor shall ensure that the Agency has the most current written verification of insurance coverage
throughout the term of this contract. Such coverage may be provided by a self-insurance program established
and operating under the laws of the State of Florida. The Agency reserves the right to require additional insurance
as specified in this contract.
17.2 Throughout the term of this contract, the Contractor shall maintain an insurance bond from a responsible
commercial insurance company covering all officers, directors, employees, and agents of the Contractor
authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract
by reference in an amount commensurate with the funds handled, the degree of risk as determined by the
insurance company, and consistent with good business practices. `�
o V /
(February 2021 — September 2022)
18. Confidentiality of Information:
HCV21 203.21
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.
19. Health Insurance Pm tability and AccountaUL Act2
Where applicable, the Contractor shall comply with the Health Insurance Potability and Accountability Act (42 USC
§ 1320d.), as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164).
20. Incident Reoortina:
20.1 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's or Subcontractor'sability to
perform the services required to be performed under this contract. Such notice shall be made orally tothe
Agency's Contract Manager (by telephone) with an email to immediately follow.
20.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number
(1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon the Contractor, its
Subcontractors, and their employees.
21. Bankruntcv Notification:
During the term of this contract, the Contractor shall immediately notify the Agency if the Contractor, its assignees,
Subcontractors, or affiliates file a claim for bankruptcy. Within ten (10) days after notification, the Contractor must also
provide the following information to the Agency: (1) the date of filing of the bankruptcy petition; (2) the casenumber;
(3) the court name and the division in which the petition was filed (e.g., Northern District of Florida, Tallahassee
Division); and (4) the name, address, and telephone number of the bankruptcy attorney.
22. Soonsarshio and Publicity:
22.1 As required by Section 286.25, F.S., if the Contractor is anon -governmental organization which sponsors a
program financed wholly or in pelt by state funds, including any fundso ne rough this contract, it shall,
in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's
name) and the Area Agency on Aging for Southwest Florida, Inc. and/or State of Florida, Department of Elder
Affairs." Ifthe sponsorship reference is in written material,the words "Area Agency on Aging for Southwest Florida,
Inc. and/or State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as
the name of the organization.
22.2 The Contractor shall not use the words "Area Agency on Aging for Southwest Florida, Inc. and/or State of Florida,
Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific written
authorization has been obtained by the Agency prior to such use.
23. Assienments:
23.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written
approval of the Agency. Any sublicense, assignment, or transfer otherwise occun•ing without prior written
approval of the Agency shall constitute a material breach of the contract. In the event the Area Agency on Aging
for Southwest Florida, Inc. and/or the State of Florida approves assignment of the Contractor's obligations, the
Contractor remains responsible for all work performedand all expenses incurred in connection with this contract.
23.2 The Area Agency on Aging for Southwest Florida, Inc. and/or the State of Florida is, at all times, entitled to assign
or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in
the State of Florida upon giving prior written notice to theContracto•.
23.3 This contract shall remain binding upon the successors in interest of the Contractor and the Agency.
(February 2021 — September 2022)
24. Subcontracts:
HCV21 203.21
24.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this contract,
whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a
written document and subject to any conditions of approval the Agency deems necessary. The Contractor further
agrees that the Agency will not be liable to the Subcontractor in any way or for any reason. The Contractor, at
its expense, shall defend the Agency against any such claims.
24.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Agency or other state
agency. Failure to make payments to any Subcontractor in accordance with Section 287.0585, F.S., unless
otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty as provided
by statute.
25. Indeoendent Capacity of Contractor:
It is the intent and understanding of the Parties that the Contractor and any of its Subcontractors are independent
Contractors and are not employees of the Agency, and that they shall not hold themselves out as employees or agents
of the Agency without prior specific authorization from the Agency. It is the further intent and understanding of the
Parties that the Agency does not control the employment practices of the Contractor and will not be liable for any wage
and hour, employment discrimination, or other labor and employment claims against the Contractor or its
Subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment
compensation funds, and all necessary insurance for the Contractor are the sole responsibility of the Contractor.
26.Payment:
Payments shall be made to the Contractor for all completed and approved deliverables (units of service) as defined in
Attachment I. The Agency Contract Manager will have final approval of the Contractor's invoice submitted for payment
and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless
the bid specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to the
Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be
resolved in accordance with the provisions of Section 215.422, F.S. A Vendor Ombudsman has been establishedwithin
the Florida Department of Financial Services and may be contacted at 800-342-2762.
The Contractor shall return to the Agency any overpayments due to unearned funds or funds disallowed, and any interest
attributable to such funds pursuant to the terms and conditions of this contract, that were disbursed to the Contractor by
the Agency. In the event that the Contractor or its independent auditor discovers that an overpayment has been made, the
Contractor shall repay said overpayment immediately without prior notification from the Agency. In the event that the
Agency first discovers an overpayment has been made, the Agency Contract Manager will notify the Contractor in
writing of such findings. Should repayment not be made forthwith, the Contractorshall be charged at the lawful rate of
interest on the outstanding balance pursuant to Section 55.03, F.S., after Agency notification or Contractor discovery.
28. Data Integrity and Safeguarding Information:
The Contractor shall ensure an appropriate level of data security for the information the Contractor• is collecting or using
in the performance of this contract. An appropriate level of security includes approving and tracking all Contractor
employees that request system or information access and ensuring that user access has been removed from all terminated
employees. The Contractor, among other requirements, must anticipate and prepare for the loss of information
processing capabilities. All data and software shall be routinely backed up to ensure recovery from losses or outages of
the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary
systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and
recovery. The Contractor shall complete and sign the Certification Regarding Data Integrity Compliance for
Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this contract.
(February 2021— September 2022)
29. Computer Use and Social Media Policy:
HCV21 203.21
The Department has implemented a Social Media Policy, in addition to its Computer Use Policy, which applies to all
employees, contracted employees, consultants, Other Personal Services (OPS) employees and volunteers, including all
personnel affiliated with third parties, such as, but not limited to, contractors and subcontractors. Any entity that uses
the Department's computer resource systems must comply with the Department's policy regarding social media. Social
Media includes, but is not limited to, blogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing, social
networks like MySpace, Facebook and Twitter, as well as content sharing networks such as flickr and YouTube. This
policy is available on the Department's website at: hup://elderaffairs.state.fl.us/doea/financial.t)hpI
30. Conflict of Interest:
The Contractor shall establish safeguards to prohibit employees, board members, management, and Subcontractors from
using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of
interest or personal gain. No employee, officer, or agent of the Contractor or Subcontractor shall participate in the
selection or in the award of a contract supported by state or federal funds if a conflict of interest, real or apparent, would
be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate
family; (c) his or her partner; or (d) an organization which employs, or is about to employ, any of the above individuals,
has a financial or other interest in the firm being selected for award. The Contractor's or Subcontractor's officers,
employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Contractors,
potential Contractors, or parties to Subcontracts. The Contractor's board members and management must disclose to
the Agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) calendar
days of an individual's original appointment or placement in that position, or, if the individual is serving as anincumbent,
within thirty (30) calendar days of the commencement of this contract. The Contractor's employees and Subcontractors
must make the same disclosures described above to the Contractor's board of directors. Compliance with this provision
will be monitored.
31. Public Entity Crime:
Pursuant to Section 287.133, F.S., a person or• affiliate who has been placed on the Convicted Vendor List following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction
or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a
contract with any public entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for CATEGORY TWO for a period of thirty six (36) months following the date of
being placed on the Convicted Vendor List.
32. Purchasine:
32.1 The Contractor shall procure products and/or services required to perform this contract in accordance with section
413.036, F.S.
32.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE
SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM
A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS
QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND
UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2). FLORIDA
STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE
DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH
SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
32.1.2 Pursuant to sections 413.036(1) and (4), F.S., the Contractor shall not be required to procure a product or
service from RESPECT if: (a) the product or service is not available within a reasonable delivery time, (b)
the Contractor is required by law to procure the product or service from any agency of the state, or (c) the
Contractor determines that the performance specifications, price, or quality of the product or service is not
comparable to the Contractor's requirements.
9 °r '%
(February 2021 — September 2022)
HCV21 203.21
32.1.3 This act shall have precedence over any law requiring state agency procurement of products or services
from any other nonprofit corporation unless such precedence is waived by the Agency in accordance with
its rules.
32.1.4 Additional information about the designated nonprofit agency and the products it offers is available at
hftp://www.respectofflorida.org.
32.2 The Contractor shall procure any recycled products or materials which are the subject of, or are required to carry
out, this contract when the Department of Management Services determines that those products are available, in
accordance with the provisions of section 403.7065, F.S.
32.3 The Contractor shall procure products and/or services required to perform this contract in accordance with
section 946.515, F.S.
32.3.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE
SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM
THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND
UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR
PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING
OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR
THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
32.3.2 The corporation identified is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
Additional information about PRIDE and the commodities or contractual services it offers is available at
hftps://pridc-enterprises.org/.
33. Patents, Copyrights. Royalties:
If this contract is awarded state funding and 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 or in any way connected with
this contract, or if ownership of any discovery, invention, or copyrightable material was purchased in the course of or
as a result of work or services performed under this contract, the Contractor shall refer the discovery, invention, or
copyrightable material to the Agency to be referred to the Department of State. Any and all patent rights or copyrights
accruing under this contract are hereby reserved to the Area Agency on Aging of Southwest Florida, Inc. and/or State of
Florida in accordance with Chapter 286, F.S.Pursuant to Section 287.0571(5)(k), F.S., the only exceptions to this
provision shall be those that are clearly expressedand reasonably valued in this contract.
33.1 If the primary purpose of this contract is the creation of intellectual property, the Area Agency on Aging for
Southwest Florida, Inc. and/or State of Florida shall retain an unencumbered right to use such property,
notwithstanding any agreement made pursuant to this Section 34.
33.2 If this contract is awarded solely federal funding, the terms and conditions are governed by 2 CFR § 200.315 or
45 CFR § 75.322, as applicable.
33.3 Notwithstanding the foregoing provisions, if the Contractor or one of its Subcontractors is a university and a
member of the State University System of Florida, then Section 1004.23, F.S., shall apply, but the Agency shall
retain a perpetual, fully -paid, nonexclusive license for its use and the use of its Contractors, Subcontractors,or
Assignees of any resulting patented, copyrighted, or trademarked work products.
34. Emergency Preparedness and Continuity of Operations:
34.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the
administration and coordination of services necessary for• client health, safety, or welfare, the Contractor shad,
within thirty (30) calendar days of the execution of this contract, submit to the Agency Contract Manager,
verification of an Emergency Preparedness Plan. In the event of an emergency, the Contractor shall notify the
Agency of emergency provisions.
34.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall remain
responsible for performance under this contract and must follow procedures to ensure continuity of operations
without interruption.
10
(February 2021— September 2022)
35. Euupment:
HCV21 203.21
35.1 Equipment means: (a) tangible personal property (including information technology systems) having a useful life
of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the organization for the financial statement purposes, or $5,000.00 [for federal funds - 2 CFR §
200.33 and 45 CFR § 75.2, as applicable], or (b); nonexpendable, tangible personal property of a non -consumable
nature with an acquisition cost of $5,000.00 or more per unit, and expected useful life of at least one (1) 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].
35.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non -Profit
Organizations shall have written property management standards in compliance with 2 CFR Part 200
Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the
elements identified in the circular; (b) a procedure for conducting a physical inventory of equipment at least once
every two (2) years; (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the
equipment; and (d) maintenance procedures to keep the equipment in good condition. The property records must
be maintained on file and shall be provided to the Agency upon request. The Contractor shall promptly
investigate, fully document, and notify the Agency Contract Manager of any loss, damage, or theft of equipment.
The Contractor shall provide the results of the investigation to the Agency Contract Manager,
35.3 The Contractor's property management standards for equipment (including replacement equipment), whether
acquired in whole or in part with federal funds and federally -owned equipment shall, at a minimum, meet the
following requirements and shall include accurately maintained equipment records with the following
information:
35.3.1 Property records must be maintained that include a description of the equipment;
35.3.2 Manufacturer's serial number, model number, federal stock number, national stock number, or other
identification number;
35.3.3 Source of funding for the equipment, including the federal award identification number;
35.3.4 Whether title vests in the Contractor or the federal government;
35.3.5 Acquisition date (or date received, if the equipment was furnished by the federal government);
35.3.6 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);
35.3.7 Location, use and condition of the equipment and the date the information was reported;
35.3.8 Unit acquisition cost; and
35.3.9 Ultimate disposition data, including date of disposal and sales price or the method used to determine
current fair market value where a Contractor compensates the federal awarding agency for its share.
35.3.10 A physical inventory must be taken, and the results reconciled with the property records at least once
every two (2) years.
35.3.11 A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of
the property. Any loss, damage, or theft must be investigated. 45 CFR § 75.320(d)(3).
35.3.12 Adequate maintenance procedures must be developed to keep the property in good condition.
35.3.13 If the Contractor is authorized or required to sell the equipment, proper sales procedures must be
established to ensure the highest possible return.
fil
(February 2021 — September 2022)
HCV21 203.21
35A Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with
state funds with an acquisition cost over $5,000.00 is part of the cost of carrying out the activities and functions
of the grant awards and title (ownership) will vest in the Contractor [for federal funds see 2 CFR § 200.313(a)
and 45 CFR § 75.320(a), as applicable], subject to the conditions of 2 CFR Part 200 and/or 45 CFR Part 75.
Equipment purchased under these thresholds is considered supplies and is not subject to property standards.
Equipment purchased with funds identified in the budget attachments to agreements covered by this contract or
identified in the sub -agreements with Subcontractors (not included in a cost methodology), is subject to the
conditions of Chapter 273, F.S., rule 60A-1.017, F. A. C., and 2 CFR Part 200 and/or 45 CFR Part 75,
35.5 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 Contract Manager. When
disposing of property or equipment the Contractor must submit a written request for disposition instructions to
the Agency's Contract Manager. The request should include a brief description of the property, purchase price,
funding source, and percentage of state or federal participation, acquisition date and condition of the property.
The request should also indicate the Contractor's proposed disposition of the property (i.e., transfer ordonation
to another agency that administers federal programs, offer of the items for sale, destroy the items, etc.).
35.6 The Agency Contract Manager will issue disposition instructions. If disposition instructions are not received
within one hundred twenty (120) days of the written request for disposition, the Contractor is authorized to
proceed as directed in 2 CFR § 200.313 or 45 CFR § 75.320, as applicable.
35.7 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., Section 3030b United States Code (U.S.C.). Real property purchases from state funds can only be made
through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of Section
216.348, F.S.
35.8 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.
35.9 The Contractor must adhere to the Agency's procedures and standards when purchasing Information Technology
Resources (ITR) as part of any agreement(s) incorporating this contract by reference. An ITR worksheet is
required for any computer related item costing $1,000.00 or more, including data processing hardware, software,
services, supplies, maintenance, training, personnel, and facilities. The completed ITR worksheet shall be
maintained in the LAN administrator's file and must be provided to the Agency upon request. The Contractor has
the responsibility to require any Subcontractors to comply with the Agency's ITRprocedures.
36. PUR 1000 Form:
The
PUR 1000
Form is hereby
incorporated by reference and
available at:
http://www.myflorida
com/a99s/vbs/adoc/F7740
PUR1000.9df
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.
37. 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 five (5) years from the date of purchase or the completion of the improvements or as further required by law.
(February 2021— September 2022)
38. Dispute Resolution:
HCV21 203.21
Any dispute concerning performance of the contract shall be decided by the Agency Contract Manager, who shall reduce
the decision to writing and serve a copy on the Contractor.
39. , napel Conseanences:
If the Contractor
fails to meet the
minimum level of service
or performance
identified in this contract, the Agency shall
impose financial
consequences as
stated in Attachment I.
40. No Waiver of Sovereien Immunity:
Nothing contained in this contract is intended to serve as a waiver of sovereign immunity by any entity to which
sovereign immunity may be applicable.
41. Venue:
If any dispute arises out of this contract, the venue of such legal recourse shall be Leon County, Florida.
42. Entire Contract:
This contract contains all the teens and conditions agreed upon by the Parties. No oral agreements or representations
shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written amendment
to this contract signed by both Parties.
43. Force Maieure:
The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control,
provided the party experiencing the force majeure condition provides immediate written notification to the other party
and takes all reasonable efforts to cure the condition.
44. Severability Clause:
The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable,
the other provisions are severable to that void provision and shall remain in full force and effect.
45. Condition Precedent to Contract Agm•om•iations:
The Parties agree that the Agency's performance and obligation to pay under this contract are contingent upon an annual
appropriation by the Legislature.
46. Addition/Deletion:
The Parties agree that the Agency reserves the right to add or to delete any of the services required under this contract
when deemed to be in the Area Agency on Aging for Southwest Florida, Inc. and/or State of Florida's best interest and
reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional
services added.
47, Waiver:
The delay
or failure by
the Agency to exercise a• enforce any of its rights under this contract will not constitute orbe
deemed a
waiver of the
Agency's right
thereafter to enforce those rights, nor will any single or partial exercise of any
such right
preclude any
other or further
exercise thereof or the exercise of any other right.
48. Compliance:
The Contractor shall abide by all applicable current federal statutes, laws, rules, and regulations as well as applicable
current state statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to abide by these laws
shall be deemed an event of default of the Contractor and subject the contract to immediate unilateral cancellation of
the contract at the discretion of the Agency.
(February 2021— September 2022) HCV21 203.21
49. Finallnvoicc:
The Contractor shall submit the final invoice fa payment to the Agency no later than thirty (30) days after the contract
ending date unless otherwise specified in Attachment I. If the Contractor fails to do so, all right to payment isforfeited
and the Agency shall not honor any requests submitted after the aforesaid time period. Any payment dueunder the terms
of this contract shall be withheld until all required documentation and reports due from the Contractorand necessary
adjustments thereto have been approved by the Agency.
50. Reneeotiations of 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.
51. Sstsoension of Work:
The Agency may, in its sole discretion, suspend any or all activities under the contract or purchase order, at any time,
when in the interest of the State to do so. The Agency shall provide the Contractor written notice outlining the particulars
of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, the Contractorshall comply with the
notice and shall not accept any purchase orders. Within ninety (90) days, or any longer period agreed to by the
Contractor, the Agency shall either: (1) issue a notice authorizing resumption of work, at which time activity shall
resume, or (2) terminate the contract or purchase order. Suspension of work shall not entitle the Contractor to any
additional compensation.
52. Termination:
52.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate this contractin
whole or in part when the Agency determines in its sole discretion that it is in the SLate's interest to do so.The
Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete
the continued portion of this contract, if any. The Contractor shall not be entitled to recover any cancellation
charges or lost profits.
52.2 Termination for Cause. The Agency may terminate this contract if the Contractor fails to: (1) deliver the product
within the time specified in the contract or any extension, (2) maintain adequate progress, thusendangering
performance of the contract, (3) honor any term of the contract, or (4) abide by any statutory, regulatory, or
licensing requirement. Rule 60A-1.006(3). F.A.C., governs the procedure and consequences of default. The
Contractor shall continue work on any work not terminated. Except for defaults of Subcontractors at any tier, the
Contractor shall not be liable for any excess costs if the failure to perform the contract arises fromevents
completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is
caused by the default of a Subcontractor at any tier, and if the cause of the default is completely beyondthe control
of both the Contractor and the Subcontractor, and without the fault or negligence of either, the Contractor shall
not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from
other sources in sufficient time for the Contractor to meet the required delivery schedule. If, aftertermination, it is
determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of
the Parties shall be the same as if the termination had been issued for the convenience of the Agency. The rights
and remedies of the Agency in this clause are in addition to any other rights and remedies provided by law or
under the contract.
14
(February 2021— September 2022)
53. Electronic Records and Signature:
HCV21 203.21
The Agency authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic
signatures to conduct transactions necessary to carry out the terms of this contract. A Contractor that createsand retains
electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained
in the Uniform Electronic Transaction Act, Section 668.50, F.S. All electronic records must be fully auditable; are
subject to Florida's Public Records Law, Chapter 119, F.S.; must comply with contract Section 29, Datalntegrity and
Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the
Contractor to the same extent as non -electronic records are retained and maintained as required by this contract.
53.1 The Agency's authorization pursuant to this section does not authorize electronic transactions between the
Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency
only upon further written consent by the Agency.
53.2 Upon request by the Agency, the Contractor shall provide the Agency with non -electronic (paper) copiesof
records. Non -electronic (paper) copies provided to the Agency of any document that was originally in electronic
form with an electronic signature must identify the person and the person's capacity who electronicallysigned the
document on any non -electronic copy of the document.
54. Contract Manager:
The Agency may substitute any Agency employee to serve as the Agency Contract Manager.
REMAINDER OF THE PAGE INTENTIONALLYLEFT BLANK
IS
(February 2021 September 2022)
IICV21 203.21
55, official Payee and Rcnresentatives (Names. Addresses. and Tclenhone N zmhersle
IT lie Contractor name, as shown on page 1 of this
ontract, and mailing address of the official payee to
a' whom the payment shall be made is:
he name of the contact person and street address
b. viiere financial and administrative records are
raintained is:
The name, address, and telephone number of the
•epresentative of the Contractor responsible for
e administration of the program under this contract is:
The section and location within the Agency where
Requests for Payment and Receipt and Fxpenditure forms
d• are to be mailed is:
The name, address, and telephone number of the Contract
Manager for this contract is:
C.
3339 E Tamiami Trail, Building if
Naples, FL 3,1112
Kristi Sonntag, Director
Collier County Board of County Commissioners
%Communily and Human Services
3339 F •Tamiami Trail, Building H
Naples, FL 34112
Kristi Sotinlag, Director
Collier C'minty Hoard of County Commissioners
%Community and IIuman Services
3339 E Tamiami Trail, Building H
Naples, FI.34112
(239) 252-2273
Area Agency on Aging for Southwest Florida; Inc.
2830 Winkler Ave,, Suitc 112
Fort Myers, FL 33916
Maricela Morado, Director of Progrmn &. Planning
Area Agcncy on Aging lbr Southwest Florida, Inc.
2830 Winkler Ave., Suite 112
Fort Myers, FL 33916
(239) 652-6900
Upon change ol'representatives (names, addresses, telephone numbers) by cither party, notice shall he providcdin
writing to the other party.
56. All Terrns and Conditions Included:
This contract and its Attachments I — XIII, including 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, cither written or verbal, between the Parties.
Hy signing this contract, (lie Parties agree that they have read and agree to the entire contract.
IN Wi'I'NF.SS WTTEREOF, the Parties hereto have caused this contract to be executed by their undersigned officials as
duly authorized.
CONTRACTOR: COLIAER COUNTY BOARD OF AREA AGENCY ON AGING FOR
COUNTY COMMISSIONERfSS SOUTHWEST FLORIDA, INC.
SIGNED
NAME: JAMES C FRENCI I
NAME: NORMA ADORNO
TITLE: PUBLIC SERVICE DEPARTMENT 1IEAD TITLE: CEO
DATE: 03/ 6 /2021 DATE:
Federal Tax ID: 59-6000558
Fiscal Year Ending Date: 09/30
Duns: A PTE5T790
CRYSTAL K. KiNZEL, CLERK
BY: Dp ____ _
Approved as to form and legality
16 A . tans County Atlurn O- - T
(February 2021 — September 2022)
INDEX OF ATTACHMENTS
HCV21 203.21
ATTACHMENT It a so 0 a
STATEMENT OF WORK.............................................................................................................................18
ATTACHMENTII........................................................................................................................................ 32
FINANCIAL AND COMPLIANCEAUDIT................................................................................................... 32
ATTACHMENTIII....................................................................................................................................... 39
CERTIFICATIONS AND ASSURANCES...................................................................:.................6...........I... 39
ATTACHMENTIV....................................................................................................................................... 44
ASSURANCES NON-CONSTRUCTIONPROGRAMS..................................................................0...0....0...44
ATTACHMENTV........................................................................................................................................ 46
FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST ................ 46
ATTACHMENTVI.......................................................................................................................................50
CONTRACTOR'S STATE CONTRACT LIST................................................................................................ 50
ATTACHMENTVII.....................................................................................................................................51
BACKGROUND SCREENING.. a 4 0 0 0 1 1 0 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . . . . . . . . . . 0 . . 4 0 0 0 0 a & a 0 a 0 * 4 6 a , a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . 0................. 52
ATTACHMENTIX....................................................................................................................................... 52
BUDGETand RATE SUMMARY................................................................................................................. 52
ATTACHMENTX........................................................................................................................................54
INVOICESCHEDULE................................................................................................................................ 54
ATTACHMENTXI....................................................................................................................................... 55
REQUESTFOR PAYMENT......................................................................................................................... 55
ATTACHMENTXII..................................................................................................................................... 56
RECEIPTSAND EXPENDITURE REPORT................................................................................................ 56
ATTACHMENTXIII.................................................................................................................................... 57
COST REIMBURSEMENT SUMMARY........................................................................................................ 57
17
(February 2021 — September 2022)
STATEMENT OF WORK
I. SERVICES TO BE PROVIDED
A. Definitions of Terms
1. Contract Acronyms
Area Agency on Aging (AAA)
Activities of Daily Living (ADL)
Administration on Aging (AoA)
Administration on Community Living (ACL)
Alliance of Information & Referral Systems (AIRS)
Assessed Priority Consumer List (APCL)
Adult Protective Services (APS)
Client Information and Registration Tracking System (CIRTS)
Dietary Reference Intake (DRI)
Florida Department of Business and Professional Regulations (DBPR)
Florida Department of Elder Affairs (DOEA or Department)
Florida Department of Health (DOH)
Information and Referral (I&R)
Instrumental Activities of Daily Living (IADL)
Major Disaster Declaration (MDD)
National Council on Aging (NCOA)
Older Americans Act (OAA)
Planning and Service Area (PSA)
State of Florida (State)
Statewide Medicaid Managed Care Long -Term Care (SMMC LTC)
United States Department of Agriculture (USDA)
United States Department of Health and Human Services (USDHHS)
2. Program Specific Terms
HCV21 203.21
ATTACHMENT I
Adult Child with a Disability: A child who is age 18 or older and is financially dependent on an older
individual who is a parent of the child and has a disability.
Area Plan: A plan developed by the AAA outlining a comprehensive and coordinated service delivery system
in its PSA in accordance with Section 306 ofthe OAA [42 United States Code (U.S.C.) § 3026] and Department
instructions.
Area Plan Update: A revision to the Area Plan wherein the AAA enters OAA specific data in CIRTS. An
update may also include other revisions to the Area Plan as instructed by the Department.
Child: An individual who is not more than eighteen (18) years of age or an individual with a disability.
Disaster Relief Services: ACL considers disaster relief services for older individuals to be any allowable OAA
services during the period covered by Florida's MDD that are provided to eligible older individuals or family
caregivers as defined under the OAA.
18
(February 2021 — September 2022)
HCV21 203.21
Family Caregiver: An adult family member, or another individual, who is an informal provider of in -home
and community care to an older individual.
Frail: When an older individual is (1) determined to be unable to perform at least two activities of daily living
without substantial human assistance, including verbal reminding, physical cueing, or supervision or (2) unable
to perform at least three such activities without such assistance; or, (3) due to a cognitive or other mental
impairment, requires substantial supervision because the individual behaves in a manner that poses a serious
health or safety hazard to the individual or to another individual.
Grandparent: A grandparent m• step -grandparent of a child, or a relative of a child by blood, marriage or
adoption, who: (1) lives with the child, (2) is the primary caregiver of the child because the biological or
adoptive parents are unable or unwilling to serve as the primary caregiver of the child, and (3) has a legal
relationship to the child, such as legal custody or guardianship, or is raising the child informally.
Major Disaster Declaration (MDD): States may request and receive an MDD by the President under the
Stafford Act. Florida's request has been approved, which permits the Agency and Contractor to use any portion
of the funds made available under sections of OAA for disaster relief for older individuals. These flexibilities
are only allowed during the period of the MDD. The Contractor will be notified via Notice of Instruction once
the MDD period has ended, at which time these flexibilities will be waived and the Contractormust provide
services in compliance with OAA.
B. General Description
1. General Statement
The primary purpose of the Coronavirus Consolidated Appropriations Act Progam is to prevent, prepare for,
and respond to coronavirus by providing nutrition services to older individuals and their caregivers.
2. Authority
All applicable federal laws, regulations, action transmittals, program instructions, review guides and similar
documentation related to the following:
a. Catalog of Federal Domestic Assistance Nos. 93.043, 93.044, 93.045, 93.052, and 93.053;
b. Older Americans Act of 1965, as amended 2020;
c. Consolidated Appropriations Act, 2021, P.L. 116-260;
d. 42 U.S.C. 247d;
e. 42 U.S.C. § 303 and§ 604;
f. Rule 58A4, Florida Administrative Code (F.A.C.);
g. Section 430.101, Florida Statutes (F.S); and
h. DOEA Programs and Services Handbook, which is hereby incorporated by reference, to include any
subsequent revisions thereof.
3. Scope of Service
The Contractor is responsible for the progrunmatio, fiscal, and operational management of the Coronavirus
Consolidated Appropriations Act Program within its designated PSA. The program services shall be provided
in a manner consistent with the Agency's current Area Plan, as updated and hereby incorporated by reference,
and the current DOEA Programs and Services Handbook.
4. Major Program Goals
The major goals of the Coronavirus Consolidated Appropriations Act Program ar•e to prevent, prepare for, and
respond to coronavirus by providing nutrition services to older individuals and their caregivers.
(February 2021— September 2022)
C. Clients to be Served
1. General Description
HCV21 203.21
The Coronavirus Consolidated Appropriations Act Program gives preference to older individuals with greatest
economic need and older individuals with greatest social need (with particular attention to low-income older
individuals, including low-income minority older individuals, older individuals with limited English
proficiency, and older individuals residing in rural areas), and clients who are practicing social distancing due
to the COVID-19 public
2. Client Eligibility
a. Coronavirus Consolidated Appropriations Act Program
Consumers shall not be dually enrolled in Coronavirus Consolidated Appropriations Act Program and a
Medicaid capitated Long -Term Care Program.
b. Coronavirus Consolidated Appropriations Act Nutrition Services under Title III-C of the Older
Americans Act
General factors that shall be considered in establishing priority for the receipt of nutrition services include
those older persons who:
i. Cannot afford to eat adequately;
ii. Lack the skills or knowledge to select and prepare nourishing and well-balanced meals;
iii. Have limited mobility which may impair their capacity to shop and cook for themselves;
iv. Have a disabling illness or physical condition requiring nutritional support;
v. Have been screened at a high nutritional risk; or
vi. Is unable to obtain nutrition because the individual is practicing social distancing due to the emergency
(only during the period of the COVID-19 public health emergency declared under section 319 of the
Public Health Service Act [(42 U.S.C. 247d)].
vii. In addition to meeting the general nutrition services eligibility requirements listed in Section I.C.2.d.
above, individuals must be mobile, not homebound, and physically, mentally, and medically able to
attend a congregate nutrition program. Individuals eligible to receive congregate meals include the
following:
(1) Individuals age sixty (60) or older;
(2) Any spouse (regardless of age) who resides at home with or 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, or home delivered meals are
delivered;
(4) Disabled persons who reside at home with or accompany an eligible person to the dining center;
(5) Volunteers, regardless of age, who reside at home with or provide essential services on a regular
basis during meal hours;
(6) Persons at nutritional risk who have physical, emotional, or behavioral conditions which would
prevent them from obtaining nutrition; and
(7) Persons at nutritional risk who are socially or otherwise isolated and unable to obtain nutrition.
(February 2021— September 2022) HCV21 203.21
IL Mf ViYEnOFSERVICEPROVISION
A. Service Tasks
To achieve the goals of the Coronavirus Consolidated Appropriations Act Program, the Contractor shall ensure
performance of the following tasks:
1. Eligibility Determination
The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a
client is based on meeting the requirements described in Section I.C.2.
2. Targeting and Screening New Clients for Service Delivery
The Contractor shall develop and implement policies and procedures consistent with OAA targeting and
screening criteria for new clients.
3. Program Services
The Conbractor
shall ensure the provision ofprogram
services is consistent with the Agency's
current AreaPlan,
as updated and
approved
by the Department, and the
current DOEA Programs and Services
Handbook.
4. Program Eligibility Requirements
a. Eligibility Criteria
To be eligible for program participation, an entity must:
i. Be an agency that has received a grant under OAA Title III [OAA section 311(42 U.S.C. § 3030a)];
and
ii. Partner with a nutrition service provider that serves meals and is under the jurisdiction, control,
management, and audit authority of the AAA and the Department.
b. Provider's Nutrition Service Operations
The Contractor shall ensure that the nutrition service operations of the provider meet the requirerents of
this contract, as well as any other applicable regulations and policies prescribed by the current DOEA
Programs and Services Handbook, USDHHS, USDA, DOH and local health departments, DBPR, or any
other agency designated to inspect meal quality for the State.
c. Prescribed Nutritional Requirements
The Contractor shall ensure that each meal provided under• this contract meets the following criteria:
i. Complies with the current Dietary Guidelines tor Americans, published by the Secretaries of the
USDHHS and USDA; and
ii. Provides a minimum of thirty-three and a third percent (33 1/3%) of the dietary reference
intakes/adequate intakes for a female age seventy (70) or older as established by the Food and Nutrition
Board of the National Academy of Sciences.
B. Use of Subcontractors
If this contract involves the use of a subcontractor or third party, then the Contractor• shall not delay the
implementation of its agreement with the Subcontractor•. If any circumstance occurs that may result in a delay for a
period of sixty (60) days or more of the initiation of the subcontract or the performance of the Subcontractor, the
Contractor shall notify the Agency Contract Manager and the Agency's Chief Financial Officer in writing of such
delay. The Contractor shall not permit a Subcontractor to perform services related to this contract without having a
binding Subcontractor agreement executed. The Agency will not be responsible or liable for any obligations or
claims resulting fi•om such action.
(February 2021— September 2022)
1. Copies of Subcontracts
HCV21 203.21
The Contractor shall submit copies of all subcontracts to the Agency Contract Manager within thirty (30) days
of execution of each subcontract agreement.
2. Monitoring the Performance of Subcontractors
The Contractor shall monitor, at least once per year, each of its subcontractors, sub -recipients, vendors, and/or
consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative,
and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic
performance, and compliance with applicable state and federal laws and regulations. The Contractor shall
monitor its subcontractors to ensure that the budget and scope of work are accomplished within the specified
time periods, and that all performance goals stated in this contract are achieved.
a. The Contractor shall require subcontractors to enter all required data per the Department's CIRTS Policy
Guidelines for clients and services into the CIRTS database. The data must be entered into the CIRTS
database before the subcontractors submit their Request for Payment and Receipts and Expenditure Reports
to the Contractor. The Contractor shall establish time fi•ames to ensure compliance with due dates for the
Requests for Payment and Receipts Expenditure Reports to the Agency.
b. The Contractor shall require subcontractors to run monthly CIRTS reports and to verify that the client and
service data in the CIRTS database is accurate. This report must be submitted to the Contractor with the
monthly Request for Payment and Receipts and Expenditure Report and must be reviewed by the Contractor
before the subcontractor's Request for Payment and Receipts and Expenditure Reports can be approved by
the Contractor.
c. The Contractor shall require subcontractors to report on outreach activities at least semi-annually using a
uniform reporting format established by the Contractor. Subcontractor reports must include the total number
of outreach events or activities performed by the subcontractor as well as the following information for
each event or activity: date, location, type of event or activity, total number of participants, individual
service needs identified, and referral sources or information provided to participants.
C. Staffing Requirements
1. Staffing Levels
The Contractor shall assign its own administrative and support staff as needed to perform the tasks,
responsibilities, and duties under this contract and ensure that subcontractors dedicate adequate staff
accordingly.
2. Professional Qualifications
The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract
have the qualifications specified in the DOEA Programs and Services Handbook.
3. Service Times
The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client
service needs, including, 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. local time.
D. Deliverables
The following section provides the specific quantifiable units of deliverables and the source documentation required
to evidence the completion of the tasks specified in this contract. The Contt•actor must submit all required
documentation in the time and manner specified for the minimum performance levels to be met. Each deliverable
must be accepted in writing by the Agency Contract Manager based on the requirements for each deliverable before
the Contractor submits an invoice requesting payment.
22
(February 2021 — September 2022)
I. Delivery of Services to Eligible Clients
HCV21 203.21
The Contractor shall ensure the provision of a continuum of services that meets the diverse needs of elders and
their caregivers. Documentation of service delivery must include a report consisting of the following: number
of clients served, number of service units provided by service, and rate per service unit with calculations that
equal the total invoice amount. The Contractor shall ensure the performance and reporting of the following
Types of services, in accordance with the Agency's current Department -approved Area Plan, the current DOEA
Programs and Services Handbook, and Section II.A.
Under the Stafford Act, and the State of Florida's Major Disaster Declaration, the Contractor is
permitted to use any portion of the funds in this contract to provide disaster relief services to eligible
older individuals or family caregivers. Any services listed in Sections H.D.I.a. below may be provided.
a. Coronavirus Consolidated Appropriations Act Nutrition Services under Title III-C of the Older
Americans Act
Nutrition services are designed to reduce hunger and food insecurity and to promote socialization and the
health and well-being of older individuals through access to nutrition and other disease prevention and
health promotion services. Services include the following:
i. Congregate meals;
iL Congregate meals screening;
iii. Home delivered meals;
iv. Nutrition education and nutrition counseling;
v. Outreach;
vi. Screening and Assessment;
vit. Shopping Assistance; and
viii. Telephone Reassurance,
2. Provision of Services
The Contractor shall ensure the provision of the services described in this contract are in accordance with the
current DOEA Programs and Services Handbook, the Agency's current Department -approved Area Plan, and
the tasks described in Section II.A.
3. Contractor Responsibilities
The Agency shall provide to the Contractor management and oversight of Coronavirus Consolidated
Appropriations Act Program operations in accordance with the cunent DOEA Programs and Services
Handbook and the Agency's current Department -approved Area Plan. Management and oversight of
Coronavirus ConsolidatedAppropriations Act Program Operations include the following:
a. Establish written policies, procedures, criteria, and standards for purchasing and procurement of goods and
services on an open and competitive basis.
b. Review routine and special reports submitted by subcontractors and vendors.
c. Provide technical assistance to subcontractors and vendors to ensure provision of quality services.
d. Monitor and evaluate contractors and vendors for fiscal, administrative, and programmatic compliance.
(February 2021 — September 2022)
HCV21 203.21
e. Appropriately and timely submit payments to subcontractors and vendors.
f. Establish procedures for handling recipient complaints and grievances concerning such adverse action as
service termination, suspension, or reduction.
i. ComplaintProcedures
The Contractor shall develop and implement complaint procedures and ensure that subcontractors
develop and implement complaint procedures to process and resolve client dissatisfaction with services.
Complaint procedures shall address the quality and timeliness of services, provider and direct service
worker complaints, and all other issues except the termination, suspension, or reduction of services,
which shall be addressed through the grievance process as described in Appendix D of the DOEA
Programs and Services Handbook. Complaint procedures shall include notification to all clients of the
complaint procedure and include tracking the date, nature, and disposition of each complaint.
g. Ensure compliance with CIRTS regulations.
h. Monitor performance objective achievements per targets set by the Agency
i. Conduct annual client satisfaction surveys to evaluate and improve service delivery
E. Reports
The Contractor shall respond to additional, routine, or special requests for information and reports required by the
Agency in a timely manner as determined by the Agency Contract Manager. The Contractor shall establish reporting
deadlines and due dates for subcontractors that permit the Contractor to review and validate the data andmeet the
Agency's reporting requirements.
1. CIRTS Reports
a. Contractor shall input Coronavirvs Consolidated Appropriations Act -specific data into CIRTS. To ensure
CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following:
i. Client Reports;
ii. Monitoring Reports;
iI Services Reports;
iv. Miscellaneous Reports;
v. Fiscal Reports; and
vi. Outcome Measurement Reports.
b. CIRTS Data Entries and Monthly Reports for Subcontractors and Vendors
The Contractor must ensure all required data for clients and services are entered in the CIRTS database per
the DOEA Programs and Services Handbook and the CIRTS User Manual —Aging Network users (located
in Documents on the CIRTS Enterprise Application Services). All data must be entered in the CIRTS
database by the Contractor, subcontractor, or nutrition provider. The Contractor must review monthly
CIRTS reports to ensue data and billing accuracy before submitting the Requests for Payment and Receipts
and Expenditure Reports to the Agency.
2. Area Plan Update and All Revisions Thereto
The Agency shall submit, for approval by the Department, an Area Plan Update, wherein the Agency enters
Coronavirus Consolidated Appropriations Act -specific data in CIRTS, as required by the Department and
federal funding source.
(February 2021 — September 2022)
3. Annual Service Cost Reports
HCV21 203.21
The Agency shall require Contractors to submit to the Agency Annual Service Cost Reports, which reflect
actual costs of providing each service by program. This Annual Service Cost Report will be due by
February 25, of each year. The report will include actual costs for performing all services during the preceding
calendar year. Supporting documentation must accompany the report, which will include General Ledger, Trial
Balance and/or Statement of Revenue and Expenditures along with a narrative explanation and justification of
rate differences.
A semi-annual cost report will
be due by July
15, 2021 to
substantiate the increased rates for Cl and C2. This
report
will include actual costs
for performing
all services
during this calendar year.
Any multi -year contracts entered into with service providers on or after the effective date of this contract shall
contain a provision requiring the contract's parties to re-evaluate the contract's reimbursement rates on an annual
basis. The Contractor may annually renegotiate rates based on factors including but not limited to a review of
sustainability, the respective consumer price index, or current market conditions. However, it is the intent of the
Department and/or Agency that the quality of services provided to current program recipients not be reduced.
Unit Cost Methodology worksheets, along with supporting documentation and narrative explanation, must be
submitted by August 1 of each year, if a rate increase is being requested.
4. SurplusNeficit Report
The Contractor shall submit a Consolidated Surplus/Deficit Report, Lead Spending Repm•t, in a format provided
by the Agency, to the Agency's Contract Manager by the 18th of each month. This Consolidated Surplus/Deficit
Report is for all agreements and/or contracts between the Contractor and the Agency and must include the
following: A list of all subcontractors and their status regarding surplus/deficit;
a. A list of all subcontractors and their status regarding surplus/deficit;
b. The Contractor's detailed plan on how the surplus/deficit spending which exceeds the threshold specified
by the Agency will be resolved;
c. Recommendations to transfer funds to resolve surplus/deficit spending;
d. Input from the Contractor's Board of Directors on resolution of spending issues, if applicable;
e. Number of clients currently on APCL that receive a priority ranking score of four (4) or five (5); and
f. Number of clients currently on the APCL designated as Imminent Risk,
5. OAA National Aging Program Information System (NAPIS) Report
Data required for the OAA NAPIS Report that is not recorded in CIRTS will be provided to the Agency Contract
Manager in the format and on the date established by the Agency.
6. Program Highlight Narratives
The Contractor shall submit brief written narratives to the Agency for publication in the Program Highlight
sections of the Agency's Summary of Programs and Services, which is hereby incorporated by reference, to
include any subsequent revision thereof. The narratives shall reference specific events that have occurred since
the last submission of Program Highlight narratives, including new success stories, quotes, testimonials, or
human -interest vignettes. The narratives shall be written for a general audience, with no acronyms or technical
terms. For all agencies or organizations that are referenced in the narratives, the Contractor shall provide a brief
description of their mission or role. The active tense shall be consistently used in the narratives to identify the
specific individuals or entities that perfumed the activities described in the narratives. The Contractor shall
review and edit narratives for clarity, readability, relevance, specificity, human interest, and grammar prior to
submitting them to the Agency.
(February 2021 — September 2022)
F. Records and Documentation
HCV21 203.21
I. The Contractor agrees to make available to Agency staff and any party designated by the Agency all contract
related records and documentation. The Contractor shall ensure the collection and maintenance of all program
related information and documentation on any system designated by the Agency. Maintenance includes valid
exports and backups of all data and systems according to Agency standards. Data must be usable and must be
maintained in a format that is readable to the Agency.
2. CIRTS Data and Maintenance
The Contractor shall ensure monthly collection and maintenance of client and service information in CIRTS or
any other system designated by the Agency. Maintenance includes ensuring that all data is accurate and current
and performing valid exports and backups of all data and systems according to Agency standards.
3. Policies and Procedures for Records and Documentation
The Contractor shall maintain written policies and procedures for computer system backup and recovery and
shall have the same requirement of its subcontractors. These policies and procedures shall be made available to
the Agency upon request.
4. CIRTS Address Validation
The Contractor shall work with the Agency to ensure that client addresses are con•ect in CIRTS for disaster
preparedness efforts. At least annually, and more frequently as needed, the Agency will provide direction on
how to validate CIRTS addresses to ensure they can be mapped. The Contractor will receive a list of unmatched
addresses that cannot be mapped, and the Contractor will be responsible for working with the localservice
providers to correct addresses and send a list to the Agency with confirmed addresses. The Agency will use this
information to update maps, client rosters, and unmatched addresses and disseminatethis information to the
local service providers.
G. Performance Specifications
1. Outcomes and Outputs (Performance Measures)
At a minimum, the Contractor shall:
a. Ensure the provision of the services described in this contract are in accordance with the DOEA Programs
and Services Handbook, the Agency's cunent Department -approved Area Plan, and Section ILA.
b. Timely and accurately submit to the Agency all documentation and reports described in Attachment I,
Section ILE.
c. Timely and accurately, per Attachment X, submit to the Agency Attachments XI, XII, and XIII.
d. Develop and document strategies in the Area Plan to support the Agency's standard of performance
achievement, including increases in the following:
i. Percentage of most frail elders who remain at home or in the community instead of going into a nosing
home;
ii. Percentage of APS referrals who need immediate services to prevent further harm who are served within
seventy-two (72) hours;
We Percentage of active clients eating two or more meals per day;
iv. Percentage of new service recipients whose ADL assessment score has been maintained or improved;
Y.
Percentage of new service recipients whose IADL assessment score has been maintained or improved;
vi. Percentage of caregivers who, after service intervention, self -report being very confident about their
ability to continue to provide care; and
vii. Percentage of customers who are at imminent risk of nursing home placement who are served with
community -based services.
26
(February 2021 — September 2022)
HCV21 203.21
2. The Contractor's performance of the measures in G.1, above, will be reviewed and documented in the
Agency's Annual Programmatic Monitoring Reports.
3. 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 via telephone, in writing, or an on -
site visit. The primary, secondary, or signatory of the contract must be available for any on -site programmatic
monitoring visit. The Agency reserves the right to conduct an on -site visit unannounced by persons duly
authorized by the Agency. The Agency's determination of acceptable performance shall be conclusive.The
Contractor agrees to cooperate with the Agency in monitoringthe progress of completion of the servicetasks and
deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring:
a. Desk reviews and analytical reviews;
b. Scheduled, unscheduled, and follow-up on -site visits;
c. Client visits;
d. Review of independent auditor's reports;
e. Review of third -party documents and/or evaluation;
f. Review of progress reports;
g. Review of customer satisfaction surveys;
h. Agreed -upon procedures review by an external auditor or consultant;
i. Limited -scope reviews; and
j. Other procedures as deemed necessary by the agency.
4. Performance Definitions
"Workday" shall mean a provider's staff member's eight (8) hour work period, unless specifically noted
otherwise. "Day" shall mean a calendar day, unless specifically now otherwise.
H. Contractor Responsibilities
1. Contractor Unique Activities
All tasks listed above in Section II, are solely and exclusively the responsibility of the Contractor and are tasks
for which, by execution of this contract, the Contractor agues to be held accountable.
2. Coordination with Other Providers and/or Entities
Notwithstanding that services for which the Contractor is held accountable involve coordination with other
entities in performing the requirements of this contract, the failure of other providers or entities does not
alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform
pursuant to this contract.
I. Agency Responsibilities
1. Agency Obligations
The Agency may, within its resources, provide technical support and/or assistance to the Contractor to assist
the Contractor in meeting the requirements of this contract. The Agency's support and assistance,or lack
thereof, shall not relieve the Contractor from full performance of contract requirements.
2. Agency Determinations
The Agency reserves the exclusive right to make certain determinations in the tasks pei%rued by the Contactor
and the approaches used by the Contractor to perform those tasks. The absence of the Agency setting forth a
specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement.
27
(February 2021— September 2022)
III. METHOD OF PAYMENT
A. Payment Method Used
HCV21 203.21
The method of payment for this contract is a combination of Fixed-Fee/Unit Rate, Cost Reimbursement, and
Advance Payments subject to the availability of funds and Contractor performance. The Agency will pay the
Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section II.D., and in accordance
with all other terms and conditions of this contract.
B. Unit of Service
1. Fixed Fee/Unit Rate
Contractor must meet the minimum level of performance stated in the contract to receive payment. Payments
for Fixed Fee/Unit Rates shall not exceed amounts established in Attachment IX Budget and Rate Summary.
2. Cost Reimbursement
Payment shall only be authorized For allowable expenditures, per the limits specified in the Budget Summary
(Attachment IX). All cost reimbursement Requests for Payment must include the actual Receipts and
Expenditure Reports, beginning with the first month of the contract. The Contractor must meet the minimum
level of performance stated in the contract to receive payment.
The Contractor agrees to distribute funds as detailed in the Area Plan Update and the Budget Summary
(Attachment IX). Any change in the total amounts of the funds identified on the Budget Summary form requires
a contract amendment.
C. Advance Payments
1. The Contractor may request up to two (2) months of advances at the start of the contract period to cover
program service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds
released to the Agency by the State of Florida (budget release). The Contractor's requests for advance payments
require the written approval of the Agency's Contract Manager. For the first- and second- month's requests, the
AAA shall provide the Agency's Contract Manager documentation justifying the need for an advance and
describing how the funds will be distributed. This should detail the AAA's advance request and advance requests
for any subcontractors and include the amount of funds being requested by the AAA and subcontractors. If
additional advances are necessary beyond the two months equivalent, the AAA will need to submit further
justification with aplan for•how much advance funds are needed and demonstrate how the funds willbe expended
within two months. If sufficient budget is available, and the Agency's Contract Manager, in his orher sole
discretion, has determined that there is a justified need for an advance, the Agency will issue approvedadvance
payments after contract execution.
a. Any advance payments the Contractor requests for subcontractors must be distributed within seven (7)
days ofreceipt of payment from the Agency. The Contractor shall submit to the Agency documentation to
support full distribution of advanced funds with Request for Payment, report number 5, due to the Agency
on May 9, 2021, in accordance with Invoice Schedule (Attachment X).
b. All advance payments retained by the Contractor must be fully expended no later than April 30, 2021. Any
portion of advanced payments not expended must be recouped on the Request For• Payment, report number
5, due to the Agency on May 9, 2021, in accordance with the Invoice Schedule (Attachment X).
c. All advance payments made to the Contractor shall be reimbursed to the Agency as follows: one —tenth of
the advance payment received shall be reported as an advance recoupment on each Request for Payment,
starting with report number 5, in accordance with the Invoice Schedule (Attachment X).
d. Interest earned on advances must be identified separately by source of funds (state or federal). Contractors
shall maintain advanced payments of federal funds in FDIC interest bearing accounts unless an exception is
made inaccordance with 45 CFR § 75,305, Earned interest must be returned to the Agency at the end of each
quarterof the contract period.
m
(February 2021 — September 2022)
D. Invoice Instructions
HCV21 203.21
Payment shall be made upon the Contractor's presentation of an invoice subsequent to the acceptance by the Agency
of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall
be as follows:
1. The invoice shall include a "Remit to" address that corresponds exactly to the remittance address identified in
the MyFloridaMarketPlace (MFMP) registration.
2. The monthly invoice shall include the units of services established in the Agency's Department -approved Area
Plan, per the requirements in the DOEA Programs and Services Handbook, at the rates established in
Attachment IX Budget and Rate Summary Report. Documentation of service delivery shall include a report
consisting of the following: number of clients served, number of service units provided by service, and rate per
service unit,with calculations that equal the total invoice amount. Any change to the Agency's Department -
approved budget after the execution of this contract shall require approval from the Agency Contract Manager
prior to being made. Any change to the total contract amount requires a contract amendment.
3. The Contractor shall consolidate requests for payment fi•om subcontractors and vendors and receipts and
expenditure reports that support the requests for payment and shall submit to the Agency Requests for Payment
(Attachment XI), Receipt and Expenditure Reports (Attachment XII), and Cost Reimbursement Summary
(Attachment XIII).
4. The Contractor shall include with the Fixed Fee/Unit Rate portion of its invoice the units of services provided
based on rates established in Attachment IX Budget and Rate Summary, number of clients, and the rates for the
services provided per therequirements described in the deliverables and service tasks. The Contractor shall
clearly state the provider name, the report month, and the invoice number on the invoice.
5. All Requests for Payment shall be based on the submission of actual monthly Receipts and Expenditure Reports
beginning with the first month of the contract. The schedule for submission of advanced payment requests
(when available) and invoices can be found in the Invoice Schedule (Attachment X).
6. Final contract invoices must be submitted to the Agency no later than October 15, 2022.
E. Payment Withholding
Any payment due by the Agency under the terms of this contract may be withheld pending receipt and approvalby
the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto,including
any disallowance not resolved.
F. Corrective Action Plan
1. Contractor shall ensure 100% of the deliverables identified in Section II.D. are performed pursuant to contract
requirementsI
2. If at any time the Contractor is notified by the Agency Contract Manager that it has failed to correctly,
completely, or adequately perform contract deliverables identified in Section II.D., the Contractor will have ten
(10) days to submit a Corrective Action Plan (CAP) to the Agency Contract Manager that addresses the
deficiencies and states how the deficiencies will be remedied within a time period approved by the Agency
Contract Manager, The Agency shall assess a financial consequence for non-compliance on the Contractoras
referenced in Section III.G. for each deficiency identified in the CAP which is not corrected pursuant to the
CAP. The Agency will also assess a financial consequence for failure to timely submit a CAP to the Agency.
3. If the Contractor fails to correct an identified deficiency within the Agency -approved period specified in the
CAP, the Agency shall deduct the percentage established in Section III.G. from the payment for the invoice of
the following month.
4. If the Contractor fails to timely submit a CAP to the Agency, the Agency shall deduct the percentage established
in Section III.G. for each day the CAP is overdue. The deduction will be made from the payment for the invoice
of the following month.
5. Final contract invoices must be submitted to the Agency no later than October 15, 2022.
29
(February 2021 — September 2022)
G. Payment Withholding
HCV21 203.21
Any payment due by the Agency under the terms of this contract may be withheld pending receipt and approvalby
the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto,including
any disallowance not resolved.
H. Corrective Action an
1. Contractor shall ensure 100% of the deliverables identified in Section ILD. are performed pursuant to contract
requirements.
2. If at any time the Contractor is notified by the Agency Contract Manager that it has failed to correctly,
completely, or adequately perform contract deliverables identified in Section II.D., the Contractor will have ten
(10) days to submit a Corrective Action Plan (CAP) to the Agency Contract Manager that addresses the
deficiencies and states how the deficiencies will be remedied within a time period approved by the Agency
Contract Manager, The Agency shall assess a financial consequence for non-compliance on the Contractoras
referenced in Section III.G. for each deficiency identified in the CAP which is not corrected pursuant to the
CAP. The Agency will also assess a financial consequence for failure to timely submit a CAP to the Agency.
3. If the Contractor fails to correct an identified deficiency within the Agency -approved period specified in the
CAP, the Agency shall deduct the percentage established in Section III.G. from the payment for the invoice of
the following month.
4. If the Contractor fails to timely submit a CAP to the Agency, the Agency shall deduct the percentage established
in Section III.G. for each day the CAP is overdue. The deduction will be made from the payment for the invoice
of the following month.
I. Financial Consequences
The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction
of the Agency according to the requirements referenced in Section II.D. The following financial consequences will
be imposed if the deliverables stated do not meet in part or in whole the performance criteria asoutlined in Section
II.D.:
1. Delivery of services to eligible clients as referenced in Section II.A.3. and Section II.D.1. of this contract —
Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will
result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business
day following the Agency's notification to the Contractor that the identified deficiency was not cured or
satisfactorily addressed in accordance with the Agency -approved CAP,
2. Services and units of services as referenced in Section II.13.2. of this contract — Failure to provide services in
accordance with the current DOEA Programs and Services Handbook, the service tasks described in Section
II.A., and Attachment XI V, or failure to submit required documentation will result in a 2% reduction of payment
per business day. The reduction of payment will begin the first business day following the Agency's notification
to the Contractor that the identified deficiency is not cured or satisfactorily addressed in accordancewith the
Agency -approved CAP,
3. Administrative duties as referenced in Section II.D.3. of this contract — Failure to perform management and
oversight of program operations will result in a 2% reduction of payment per business day. The reduction of
payment will begin the first business day following the Agency's notification to the Contractor that the
identified deficiency was not cured or satisfactorily addressed in accordance with the Agency approved CAP.
4. Timely submission of a CAP — Failure to timely submit a CAP within ten (10) business days after notification
of a deficiency by the Agency Contract Manager will result in a 2% reduction of payment per business day the
CAP is not received. The reduction of payment will begin with the subsequent invoice received from the
Contractor and shall be prorated for each day the CAP was late following the due date specified by the Agency
and shall remain in effect until the contractor complies with the submission requirement.
5. Exceptions may be granted solely, in writing, by the Agency Contract Manager.
30
(February 2021 — September 2022) HCV21 203.21
IV. SPECIAL PROVISIONS
A. Final Budget and Funding Revision Requests
Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services
must be submitted to the Agency Contract Manager in writing no later than September 15, 2022; email requests
are considered acceptable.
B. Contractor's Financial Obligations
1. Consumer Contributions
Consumer contributions are to be used under the following terms:
a. The Contractor assures compliance with Section 315 of the OAA, as amended in 2016, regarding consumer
contributions;
b. Voluntary contributions are to be used only to expand services; and
d. Accumulated voluntary contributions are to be used prior to requesting federal reimbursement.
2. Use of Service Dollars and Management of the Assessed Priority Consumer List
The Contractor is expected to spend all federal, state, and other funds provided by the Agency for the pw•pose
specified in this contract. For each program managed by the Contractor, the Contractor must manage the service
dollars in such a manner as to avoid having a wait list and a surplus of funds at the end of the contractperiod. If
the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer
funds to other lead agencies during the contract period and/or adjust subsequent funding allocations as allowable
under state and federal law.
3. Coronavirus Consolidated Appropriations Act Funds
The Contractor assures compliance with Section 306 of the OAA, as amended in 2020, and will not use funds
received under the Coronavirus Consolidated Appropriations Act to pay any part of a cost (including an
administrative cost) incurred by the Contractor to maintain a contractual or commercial relationship that is not
carried out to implement the Coronavirus Consolidated Appropriations Act services.
C. Remedies for Nonconforming Services
1. The Contractor shall ensure that all goods and/or services provided under• this contract ue delivered timely,
completely, and commensurate with required standards of quality. Such goods and/or services will only be
delivered to eligible program participants.
2. If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed
under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services
not meeting such standards will not be reimbursed under this contract. The Contractor's signature on the
Request for Payment Form certifies maintenance of supporting documentation and acknowledgement that the
Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or
services. The Agency requires immediate notice of any significant and/or systemic infractions that compromise
the quality, security, or continuity of services to clients.
D. Incident Reporting
The Contractor shall notify the Agency immediately but no later than forty-eight (48) hours from theContractors
awareness or discovery of changes that may materially affect the Contractor or any subcontractor's ability to
perform the services required to be performed under this contract. Such notice shall be made orally to the Agency
Contract Manager (by telephone) with an email to immediately follow, includingthe Contractor's plan for provision
of services required by contract. This plan must detail the Contractor's anticipated plan for ensuring a continuity in
services for each client impacted by and for the duration of the incident. Following submission of theplan, the
Contractor's is expected to provide the Agency updates in a frequency determined by the Agencyas appropriate until
the incident is resolved.
31
(February 2021— September 2022)
E. Volunteers
HCV21 203.21
The Contractor shall ensure the use of trained volunteers in providing direct care services delivered to older
individuals and those individuals with disabilities needing such services. If possible, the Contractor shall work in
coordination with organizations that have experience in providing training, placement, and stipends for volunteers
or participants (such as the Senior Community Service Employment Program or organizations carrying out federal
service programs administered by the Corporation for National and Community Service),
F. Enforcement
1. In accordance with Section 430.04, F.S„ the Agency and/or Department shall rescind designation of an area
agency on aging or take intermediate measures against the Contractor, including corrective action, unannounced
special monitoring, temporary assumption of operation of one or more programs by the Agency, placement on
probationary status, imposing a moratorium on Contractor action, imposing financial penalties for
nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the Agency and/or Department
finds that anyof the following have occurred:
a. An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of
clients, or substantially and negatively affected the operation of an aging services program.
b. The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds
have been misappropriated.
c. The Contractor has committed multiple or repeated violations of legal and regulatory requirements or
Agency standards.
it. The Contractor has failed to continue the provision or expansion of services after the declaration of a state
of emergency.
e. The Contractor has exceeded its authority or otherwise failed to adhere to the terms of this contract with
the Agency or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided
by statute or rule adopted by the Agency.
f. The Contractor has failed to properly determine client eligibility as defined by the Agency or efficiently
manage program budgets.
g. The Contractor has failed to implement and maintain an Agency -approved client grievance resolution
procedure.
2. In making any determination under this provision, the Agency may rely upon findings of another state or federal
agency, or other regulatory body. Any claims for damages for breach of contract are exempt from administrative
proceedings and shall be brought before the appropriate entity in the venue of Lee County, Florida. In the event
the Agency initiates action to rescind an area agency on aging designation, the Agency shall follow the
procedures set forth in 42 U.S.C. §3025(b).
G. Investigation of Criminal Allegations
Any report that implies criminal intent on the part of the Contractor or any subcontractors and referred to a
governmental or investigatory agency must be sent to the Agency. If the Contractor has reason to believe that the
allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's office,or
governmental agency, the Contractor shall notify the Area Agency and/or Inspector General at the Department
immediately. A copy of all documents, reports, notes, or other written material concerning the investigation, whether
in the possession of the Contractor or subcontractors, must be sent to the Area Agency and/or Department's
Inspector General with a summary of the investigation and allegations.
REMAINDER OFPAGEINTENTIONALLYLEFTBLANK
(February 2021 — September 2022)
ATTACHMENT II
FINANCIAL AND COMPLIANCE AUDIT
HCV21 203.21
The administration of resources awarded by the Agency to the Contractor may be subject to audits and/or monitoring by the
Agency, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200 (formerly OMB Circular A-133 as revised),
and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits
by the Agency staff, limited scope audits and/or other procedures. By entering into this contract, the Contractor agreesto
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the
Agency determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply withany
additional instructions provided by the Agency to the Contractor regarding such audit. The Contractor further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial
Officer (CFO) or Auditor General,
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the Contractor is a State or local government or anon -profit organization as defined in 2 CFR Part
200, Subpart A.
In the event that the Contractor expends $750,000.00 or more in federal awards during its fiscal year, the Contractor must
have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200. Financial and
Compliance Audit Attachment, Exhibit 2 indicates federal resources awarded through the Agency by this contract. In
determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards,
including federal resources received from the Agency. The determination of amounts of Federal awards expended should
be in accordance with 2 CFR Part 200. An audit of the Contractor conducted by the Auditor General in accordance with the
provisions of 2 CFR Part 200 will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR § 200.508.
If the Contractor expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with
the provisions of 2 CFR Part 200 is not required. In the event that the Contractor expends less than $750,000.00 in federal
awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, the cost
of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor 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 contracts with the Agency shall be based on the contract's requirements, including anyrules,
regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching
requirement was met for each applicable contract. All questioned costs and liabilities due to the Agency shall be fully
disclosed in the audit report with reference to the Agency contract involved. If not otherwise disclosed as required by 2
CFR § 200.510, the schedule of expenditures of federal awards shall identify expenditures by contract number for each
contract with the Agency in effect during the audit period. Financial reporting packages required under this part must be
submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Contractor's fiscalyear
end.
33
(February 2021 — September 2022)
PART II: STATE FUNDED
HCV21 203.21
This part is applicable if the Contractor is a non -state entity as defined by Section 215.97(2), F.S.
In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $7509000.00 in
any fiscal year of such Contractor, the Contractor must have a State single or project -specific audit for such fiscal year in
accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Financial
Compliance Audit Attachment, Exhibit 2 indicates state financial assistance awarded through the Agency by this contract.
In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state
financial assistance, including state financial assistance received from the Agency, 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 II, paragraph 1, the Contractor shall ensure that the audit
complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as
defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General.
If the Contractor expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, F.S., is not required. In the event that the Contractor expends less than
$750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215,97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of
such an audit must be paid from the Contractor 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 contracts with the Agency shall be based on the contract'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 contract. All questioned costs and liabilities due to the Agency shall be fully disclosed in the
audit report with reference to the Agency contract involved. If not otherwise disclosed as required by Rule 69I- 5.003,
F.A.C., the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each
contract with the Agency in effect during the audit period. For local governmental entities, 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 Contractor's fiscal year end. For non-profit or for -profit organizations, financial reporting packages required under this
part must be submitted within 45 days after delivery of the audit report, but no later than 9 months afterthe Contractor's
fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and
oversee the performance of this contract as outlined throughout this document and pursuant to law.
PART III: REPORT SUBMISSION
Copies of financial reporting packages for audits conducted in accordance with 2 CFR Part 200 and required by Part I of
this Financial Compliance Audit Attachment, shall be submitted, when required by 2 CFR § 200.512 by or on behalf of the
Contractor directly to each of the following:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville, IN 47132
Pursuant
to 2 CFR
§ 200.512,
all other Federal agencies, pass -through
entities and others interested
in a reporting package
and data
collection
form must
obtain it by accessing the Federal Audit
Clearinghouse.
(February 2021 — September 2022) HCV21 203.21
The Contractor shall submit a
copy of any management letter issued
by the
auditor directly to
the Area Agency on Aging for
Southwest Florida, Inc. at the
following address:.
Area Agency on Aging for Southwest Florida, Inc.
Attn: Chief Financial Officer
2830 Winkler Ave., Suite 112
Fort Myers, FL 33916
Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment,
Part II, shall be submitted by or on behalf of the Contractor 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: Chief Financial Officer
2830 Winkler Ave., Suite 112
Fort Myers, FL 33916
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letters, or other• information required to be submitted to the Agency pursuant to this contractshall
be submitted timely in accordance with 2 CFR Part 200, F.S., and Chapter 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
Contractors, when submitting financial reporting packages to the Agency for audits done in accordance with 2 CFR Part200
or Chapter 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 Contractor in correspondence
accompanying the reporting package.
PART IV: RECORD RETENTION
The Contractor shall retain sufficient records demonstrating its compliance with the terms of this conhact far• a period of
six (6) years from the date the audit report is issued, and shall allow the Agency or• its designee, the CFO, or Auditor General
access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Agency
or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued,
unless extended in writing by the Agency.
35
(February 2021 — September 2022) HCV21 203.21
ATTACHMENT II-EXHHIIT 1
PART I: AUDIT RELATIONSHIP DETERMINATION
Contractors who receive state or federal resources may or may not be subject to the an requirements of 2 CFR Part 200
and/or Section 215,97, F.S. Contractors who are determined to be recipients or sub -recipients of federal awards and/or
state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I
and/or Part II of Exhibit 1 are met. Contractors who have been determined to be vendors are not subject to the audit
requirements of 2 CFR § 200.38 and/or Section 215.97, F.S. Regardless of whether the audit requirements are met,
Contractors 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 2 CFR Part 200 and/or Rule 69I-5.006, F.A.C., Contractor has been determined to be:
_Vendor not subject to 2 CFR § 200.38 and/or Section 215.97, F.S.
X Recipient/sub-recipient subject to 2 CFR §§ 200.86 and 200.93 and/or Section 215,97, F.S.
Exempt organization not subject to 2 CFR Part 200 and/or Section 215.97, F.S. For Federal awards, for -profit
organizations are exempt; for state financial assistance projects, public universities, community colleges, district
school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must
comply with all compliance requirements set forth within the contract or award document.
NOTE: If a Contractor 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 69I-5.006, F.A.C. [state
financial assistance] and/or 2 CFR § 200.330 [federal awards].
PART H: FISCAL COMPLIANCE REQUIIiEMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Contractors who receive Federal
awards, state maintenance of effort funds, 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 § 200,416 - § 200.417 — Special Considerations for States, Local Governments, and Indian Tribes*
2 CFR § 200.201 —Administrative Requirements**
2 CFR § 200 Subpart F —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 § 200,400 - § 200.411 — Cost Principles*
2 CFR § 200.100 — Administrative Requirements
2 CFR § 200 Subpart F —Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules, and regulations
EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)
MUST FOLLOW:
2 CFR § 200,418 — § 200.419 — Special Considerations for Institutions of Higher Education*
2 CFR § 200.100 — Administrative Requirements
2 CFR § 200 Subpart F — 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 2 CFR
§200.400(5)(c).
36
(February 2021 — September 2022)
HCV21 203.21
**For funding passed through U.S. Health and Human Services, 45 CFR Part 75; for funding passed through U.S.
Department of Education, 34 CFR Part 80,
STATi FINANCIAL ASSISTANC> . Contractors 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:
Sections 215.97 & 215.971, F.S.
Chapter 69I-5, F.A.C.
State Projects Compliance Supplement
Reference Guide for State Expenditures
Gther fiscal requirements set forth in program laws, rules, and regulations
37
(February 2021 — September 2022)
HCV21 203.21
ATTACHMENT II-EXHHfI 12
FUNDING SUMMARY (2021)
Note: Title 2 CFR, as revised, and Section 2] 5.97, F.S., require that the information about Federal Programs and State
Projects included in Attachment II, Exhibit 1, be provided to the recipient. Information contained herein is a prediction of
funding sources and related amounts based on the contract budget.
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT
CONSIST OF THE FOLLOWING:
I.IIII � � I I) tZK/111►Y 117
GRANT AWARD (FAIN#): 2101FLHDCS
FEDERAL AWARD DATE: 1/27/2021
DUNS NUMBER: 076997790
PROGRAM TITLE
FUNDING SOURCE
CFDA
AMOUNT
Coronavirus Consolidated Appropriations
Act for Nutrition Services under
Title IH-C of the Older Americans Act
U.S. Health and Human Services
93.045
$ 2313742,07
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS CONTRACT ARE AS FOLLOWS:
FEDERAL FUNDS:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
OMB Circular A-133 — Audits of States, Local Governments, and Non -Profit Organizations
2. STATE RESOURCES AWARDED TO THE RECIl'IENT PURSUANT TO THIS CONTRACT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL STATE AWARD
STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97, F.S.
PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT
TOTAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
CONTRACT ARE AS FOLLOWS:
STATE FINANCIAL ASSISTANCE
Sections 215.97 & 215.971, F.S., Chapter 69I-5, F.A.C., State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules, and regulations
(February 2021 — September 2022)
HCV21 203.21
ATTACHMENTIII
CERTIFICATIONS AND ASSURANCES
Area Agency on Aging for Southwest Florida, Inc. will not award this contract unless Contractor completes this
CERTIFICATIONS AND ASSURANCES. Inperformance of this contract, Contractor provides the following
certifications and assurances:
A. Debarment and Suspension Certification (29 CFR Part 95 and 45 CFR Part 75)
Be Certification Regarding Lobbying (29 CFR Part 93 and 45 CFR Part 93)
Co Nondiscrimination & Eaual Opportunity Assurance (29 CFR Part 37 and 45 CFR Part 80)
D. Certification Regarding Public Entity Crimes. section 287,133, F.S.
E. Association of Community Organizations for Reform Now (ACORN) Finding Restrictions Assurance
(Pub. L. 111-117)
F. Scrutinized Companies Lists and No Boycott of Israel Certification. section 287.135. F.S.
G. Certification Regarding Data Integrity Comnliance for Contracts. Agreements. Grants. Loans. and
Cooperative Agreements
H. Verification of Employment Status Certification
I. Records and Documentation
J. Certification Regarding Inspection of Public Records
A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSHIII.ITY
MATTERS —PRIMARY COVERED TRANSACTION.
The undersigned Contractor certifies, to the best of its knowledge and belief, that it and its principals:
L Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by a Federal department or agency;
2. Have not within a three-year period preceding this contract been convicted or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or
4. Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause of default.
The undersigned shall require that language of this certification be included in the documents for all subcontracts at all
tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all
sub -recipients and contractors shall provide this certification accordingly.
B. CERTIFICATION REGARDING LOBBYING —CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS.
The undersigned Contractor certifies, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person far
influencing or attempting to influence an officer or employee of Congress or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
39
(February 2021 — September 2022)
HCV21 203.21
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modi5cation
of any Federal contract, grant, loan, or cooperative agreement.
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 employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative
agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The undersigned shall require that language of this certification be included in the documents for all subcontracts at all
tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all
sub -recipients and contractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this contract was made or
entered into. Submission of this certification is a prerequisite for making or entering into this contract imposed by 31
U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
C. NON- DISCRIMINATION &EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART
80). - As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal
opportunity provisions of the following laws:
1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination
against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability,
political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted
immigrant authorized to work in the United States or participation in any WIA Title I -financially assisted program
or activity.
2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant
to the Regulation of the Department of Health and Human Services (45 CFR Part 80). to the end that, in accordance
with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Applicant receives Federal financial assistance from the
Agency.
3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or
pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 84), to the end that, in
accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in the
United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial
assistance from the Agency.
4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant
to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance
with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of,
be excluded from participation in, or be subjected to discrimination under any program or activity for which the
Applicant receives Federal financial assistance from the Agency.
5. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by or
pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 86), to the end that, in
accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education
program or activity for which the Applicant receives Federal financial assistance from the Agency.
6. The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment
practices includingjob application procedures, hiring, firing, advancement, compensation, training, and other terms,
conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits,
and all other employment -related activities.
7. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws
listed above. This assurance applies to Contractor's operation of the WIA Title I — financially assisted program or
activity, and to all contracts Contractor makes to carry out the WIA Title I —financially assisted program or activity.
40
(February 2021— September 2022)
HCV21 203.21
Contractor understands that the Area Agency on Aging for Southwest Florida, Inc., DOEA and the United States
have the right to seek judicial enforcement of the assurance.
The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all
tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all
sub -recipients and contractors shall provide this assurance accordingly.
D. CERTIFICATION REGARDING PUBLIC ENTTTY CRIMES, SECTION 287.133, F.S.
Contractor hereby certifies that neither it, na• any person or affiliate of Contractm•, has been convicted of a Public Entity
Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list.
Contractor understands and agrees that it is required to inform the Area Agency and/or DOEA immediately upon any
change of circumstances regarding this status.
E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING
RESTRICTIONS ASSURANCE (Pub. L. 111417).
As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining
to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub.
L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that
appropriations made under Pub. L. 111-I 17 are available under the conditions provided by Pub. L. I I1-117.
The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all
tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -
recipients and contractors shall provide this assurance accordingly.
F. SCRUTINIZED COMPANIES LISTS AND NO BOYCOTT OF ISRAEL CERTIFICATION, SECTION
287.135, F.S.
In accordance with section 287.135, F.S., Contractor hereby certifies that it has not been placed on the Scrutinized
Companies that Boycott Israel List and that it is not engaged in a boycott of Israel.
If this contract is in the amount of $1 million or• more, in accordance with the requirements of section 287.135, F.S.,
Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it is not engaged in business
operations in Cuba or Syria.
Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may result in the
Agency terminating this contract and the submission of a false certification may subject Contractor to civil penaltiesand
attorney fees and costs, including any costs for investigations that led to the finding of false certification.
If Contractor is unable to certify any of the statements in this certification, Contractor shall attach an explanation to
this contract.
G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS,
GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
1. The Contractor and any Subcontractors of services under this contract have financial management systems capable
of providing certain information, including: (1) accurate, current, and complete disclosure of the finarrcialresults
of each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source
and application of funds for all contract 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, Subcontractors, 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
41
(February 2021— September 2022)
HCV21 203.21
to be capable of processing data accurately, including year -date dependent data. For those systems identified to be
non -compliant, Contractors 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.
4. 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 fi•om 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.
5. The Contractor and any Subcontractors of services under this contract warrant that 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.
H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION
As a condition of contracting with the Agency, Contractor certifies the use of the U.S. Department of Homeland
Security's E-verify system to verify the employment eligibility of all new employees hired by Contractor during the
contract term to perform employment duties pursuant to this contract, and that any subcontracts include an express
requirement that Subcontractors performing work or providing services pursuant to this contract utilize the &verify
system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract
term.
The Contractor shall require that the language of this certification be included in all sub -agreements, sub -grants, and
other agreements/contracts and that all Subcontractors shall certify compliance accordingly.
This certification is a material representation of fact upon which reliance was placed when this contract was made or
entered into. Submission of this certification is a prerequisite for making or entering into this contract imposed by
Circulars A402 and 2 CFR Part 200 and 215 (formerly OMB Circular A-110).
I. RECORDS AND DOCUMENTATION
The Contractor agrees to make available to Agency staff and/or any party designated by the Agency any and all
contract related records and documentation. The Contractor shall ensure the collection and maintenance of all
program related information and documentation on any such system designated by the Agency. Maintenance
includes valid exports and backups of all data and systems according to Agency standards.
J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS
1. In addition to the requirements of Section 10 of the Standard Contract, sections 119.0701(3) and (4) F.S., and any other
applicable law, if a civil action is commenced as contemplated by section 119.0701(4), F.S., and the Agency is named
in the civil action, Contractor agrees to indemnify and hold harmless the Agency for any costs incurred bythe Agency
and any attorneys' fees assessed or awarded against the Agency from a Public Records Request made pursuant to
Chapter 119, F.S., concerning this contract or services performed thereunder.
a. Notwithstanding section 119.0701, F.S., or other Florida law, this section is not applicable to contracts executed
between the Agency and state agencies or subdivisions defined in section 768.28(2). F.S.
2. Section 119.01(3), F.S., states if public funds are expended by an agency in payment of dues or membership
contributions For• any person, corporation, foundation, trust, association, group, or other organization, all the financial,
business, and membership records of such an entity which pertain to the public agency (Area Agency on Aging for
Southwest Florida, Inc. and/or Florida Department of Elder Affairs) are public records. Section 119,07, F.S, states
that every person who has custody of such a public recordshall permit the record to be inspected and copied by any
person desiring to do so, under reasonable circumstances.
42
(February 2021- September 2022)
HCV21 203.21
Additionally, I certify this organization does does not provide for institutional memberships.
Contractor's signature below attests that records pertaining to the dues or membership application by the Agency areavanable
for inspection if applicable, as stated above.
By execution of this contract, Contractor tnust include these provisions (A-J) in all related subcontract agreements (if
applicable).
By signing below, Contractor certifies that the representations outlined in parts A tlnough J above are true and conect.
ten,
11
5ioe��
JAMES C FRENCH
PUBLIC SERVICE DEPARTMENT HEAD
Street Address
3339 TAMIAMI TRAIL EAST SUITE 211
COLLIER COUNTY BOARD OF COMMISSIONERS
NAPLES, FL 34112
Contractor Date 0318 /2021
City, State, Zip code
ATTEST
CRYSTAL K. KINZEL, CLERK
BY: (,G
Approved as to farm and leg-a�li�ty_
Abigistuint County Atto it 2-\
< ���
(February 2021— September 2022) HCV21 203.21
ATTACHMENT IV
ASSURANCES —NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average forty-five (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 PROVH)ED BY THE SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions please
contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability
(including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and
completion of the project described in this 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 of
OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and §§ 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended
(42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment
Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (I) 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) Sections523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for federal assistance is being made; and 0) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles I1 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.
(February 2021— September 2022)
HCV21 203.21
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 15014508 and §§ 7324-7328), which
limit the political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland
Act (40 U.S.C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-
333), regarding labor standards for federally assisted construction sub -contracts.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or
more.
I1. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. § 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1721 et seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related
activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. § 2131 et seq.)
pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities
supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.), which prohibits the use
of lead- based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act
Amendments of 1996 and 2 CFR Part 200.
18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies
governing this program.
SIG OF AUTHORIZED CE TIFYING OFFICIAL TITLE
��- tn• PUBLIC SERVICE DEPARTMENT HEAD
AMES C FRENCH
APPLICANT ORGANIZATION DATE SUBMITTED
COLLIER COUNTY BOARD OF COMMISSIONERS 03/2 /2021
ATTEST
CRYSTAL K. KINZEL, CLERIC Approved as to form and legality
45 \; \
BY: � a
sistunt Coun y Auor /�j�
(February 2021 — September 2022)
HCV21 203,21
ATTACHMENT V
FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST
Program/FacilityName
County
AAA/Contractor
Address
Completed By
City, State, Zip Code
Date
Telephone
PART I: READ THE ATFACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE
THIS FORM.
1. Briefly describe the geographic area served by the program/facility and the type of service provided:
For questions 2-5 please indicate the following:
Total #White
Black
Hispanic
Other
Female
Disabled
Over 4B
2. Population of area served
Source of data:
Effective date:
3. Staff currently employed
4. Clients currently enrolled/registered
Effective date:
5. Advisory/Governing Board if applicable
PART H: USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE.
IF N/A or NO, EXPLAIN.
6. Is an Assurance of Compliance on file with AGENCY?
N/A
YES
NO
❑
❑
❑
7. Compare the staff composition to the population. Is staff representative of the population?
N/A
❑
YES
❑
NO
❑
8. Are eligibility requirements for services applied to
origin, sex, age, religion, or disability?
clients and applicants without regard to race, color, national
N/A
❑
YES
❑
NO
❑
9. Are all benefits, services and facilities available to
regardless of race, sex, color, age, national origin,
applicants and participants in an equally effective manner
religion, or disability?
N/A
❑
YES
❑
NO
❑
10. For in -patient services, are room assignments made without regard to mce, color, national origin or disability? N/A YES NO
11. Is the program/facility accessible to non-English speaking clients?
N/A
YES
NO
❑
❑
❑
12.Are employees, applicants and participants informed of their protection against discrimination? If YES, how?
N/A
YES
NO
Verbal ❑ Written ❑ Poster ❑
❑
❑
❑
(February 2021 — September 2022) HCV21 203,21
13. Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER
against the program/facility. ❑
14. Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? N/A YES NO
❑ ❑ ❑
PART III: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO,
EXPLAIN.
15. Has as a self -evaluation been conducted to identify any barriers to serving disabled individuals and to make any YES NO
necessary modifications? ❑ ❑
16. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO
❑ ❑
17. Has a person been designated to coordinate Section 504 compliance activities? YES NO
❑ ❑
18. Do recruitment and notification materials advise applicants, employees, and participants of nondiscrimination on YES NO
the basis of disability? ❑ ❑
19. Are auxiliary aids available to ensure accessibility of services to hearing and sight -impaired individuals? YES NO
❑ ❑
PART IV: FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OFS50,000.00 OR MORE.
20. Do you have a written affirmative action plan? If NO, explain. YES NO
❑ ❑
1• •
Reviewed
by
In Compliance: YESLiNO*Li
Program Office
*Notice of Corrective Action Sent
Date
Telephone
Response Due ! /
On -Site
❑
Desk Review ❑
Response Received
(February 2021 — September 2022) HC V21 203.21
ATTACHMENT V
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, sex, disability, and over the age of 40. 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
Asian/Pacific Islanders and American Indian/Alaskan Natives.)
3. Enter the total number of full-time staff and their percent by race, sex, disability, and over the age of 40. Include the
effective date of your summary.
4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their
percent by race, sex, disability, and over the age of 40. Include the date that enrollment was counted.
a. Where there is a significant variation between the race, sex, or ethnic composition of the clients and their availability
in the population, the program/facility has the responsibility to determine the reasons for such variation and take
whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when
programs are sanctioned to serve target populations such as elderly or disabled persons.
5. Enter the total number of advisory board members and their percent by race, sex, disability, and over the age of 40. If
there is no advisory or governing board, leave this section blank.
6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in
compliance with all nondiscriminatory provisions as required in 45 CFR Part 80. This is usually a standard part of the
contract language for Area Agency, DOEA Recipients and their Sub -grantees. 45 CFR § 80.4(a).
7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population
is Hispanic, is there a comparable percentage of Hispanic staff?
8. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or
employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through
on -site record analysis of persons who applied but were denied services or employment. 45 CFR § 80.3(a) and 45 CFR
§ 80.1.
9. 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 disability. 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 disability. Entrances, waiting rooms, reception
areas, restrooms, and other facilities must also be equally available to all clients. 45 CFR § 80.3(b).
10. 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 willingto share accommodations with persons of a different
race, color, national origin, or disability. 45 CFR § 80.3(a).
11. 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).
12. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their
participants, beneficiaries, or any other interested parties. 45 CFR § 80.6(d). This should include information on their
right to file a complaint of discrimination with either the Agency and/or the U.S. Department of Health and Human
Services. 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.
13. Report number of discrimination complaints filed against the program/facility. Indicate the basis (e.g. race, color, creed,
sex, age, national origin, disability, and/or retaliation) and 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
Gf3
(February 2021 — September 2022)
HCV21 203.21
of the local,
state, or federal agency with
whom
the complaint has been
filed. Indicate the current status
of the complaint
(e.g. settled,
no reasonable cause found,
failure
to conciliate, failure to
cooperate, under review, etc.).
14. The program/facility must be physically accessible to mobility, hearing, and sight -impaired individuals. Physical
accessibility includes designated parking areas, curb cuts or level approaches, tamps, and adequate widths to entrances.
The lobby, public telephone, restroom facilities, water fountains, and information and admissions offices should be
accessible. Door widths and traffic areas of administrative offices, cafeterias, restromns, 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.
I5. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct aself-
evaluation to identify any accessibility barriers. Self -evaluation is a four -step process:
a. Evaluate, with the assistance of disabled individual(s)/organization(s), current policies and practices that do not or
may not comply with Section 504;
b. Modify policies and practices that do not meet Section 504 requirements.
c. Take remedial steps to eliminate the effects of any discrimination that resulted from adherence to these policies and
practices; and
d. Maintain self -evaluation on file, including a list of the interested persons consulted, a description of areas examined,
and any problems identified, and a description of any modifications made and of any remedial steps taken 45 CFR
§ 84.6. (This checklist may be used to satisfy this requirement if these four steps have been followed).
16. Programs or facilities that employ 15 or more persons shall adopt grievance procedures that incorpm•ate appropriate due
process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited
by Part 84 of Title 45, CFR45 CFR § 84.7(b).
17. Programs or
facilities that employ 15
or
more
persons shall
designate at least one person to coordinate its efforts to
comply with
Part 84 of Title 45, CFR
45
CFR
§ 84.7(a).
18. Programs or facilities that employ 15 or more persons shall take appropriate initial and continuing steps to notify
participants, beneficiaries, applicants, and employees that the program/facility does not discriminate on the basis of
handicap in violation of Section 504 and Part 84 of Title 45, CFR. Methods of initial and continuing notification may
include the posting of notices, publication in newspapers and magazines, placement of notices in publications of the
programs or facilities, and distribution of memoranda or other written communications. 45 CFR § 84.8(a).
19. Programs or facilities that employ 15 or more persons shall provide appropriate auxiliary aids to persons with impaired
sensory, manual, or speaking skills where necessary to afford such persons an equal opportunity to benefit from the
service in question. Auxiliary aids may include, but are not limited to, brailed and taped materials, interpreters, and other
aids for persons with impaired hearing or vision. 45 CFR § 84.52(d).
20. Programs or facilities with 50
or more employees and $50,000.00 in federal
contracts must develop,
implement, and
maintain a written affirmative action compliance program in accordance with
Executive Order 11246,
41 CFR Part 60
and Title VI of the Civil Rights
Act of 1964, as amended.
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(February 2021— September 2022)
Department of
ELDER AFFAIRS
BTATt: OF FLORIDA
ATTACHMENT VII
SYN t7 DI a1►11C(t9
BACKGROUNDSCREENING
Attestation of Compliance -Employer
HCV21 203.21
AUTHORITY: This form is required annually of all employers to comply with thea snon
requirements set forth in section 435.05(3), Florida Statutes.
Rmr DeSants
Governor
Riclrnrd Prudom
Setretary
➢ The term "employer" means any person or entity required by law to conduct background screenings,
including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, Lead
Agencies, and Service Providers that contract directly or indirectly with the Department of Elder
Affairs (DOEA), and any other person or entity which hires employees or has volunteers in service
who meet the definition of a direct service provider. See §§ 435.02, 430,0402, Fla. Stat.
➢ A direct service provider is "a person 18 years of age or olderpursuant to a program to provide
services to the elderly, Iras direct, face-to-face contact with a client while providing services to t11e
client and has access to the client's living area, funds, personal property, or personal identification
information as defined in s. 817.568. The term includes coordinators, managers, and supervisors of
residential facilities and volunteers." § 430.0402(1)(b), Fla, Stat,
ATTESTATION:
As the duly authorized representative of
located
EnlptoyerNalne
Street Address City State ZIP code
hereby affirm under penalty of
Nance ofRepresentafive
perjury that the above -named employer is incompliance with the provisions of Chapter 435 and section
430.0402, Florida Statutes, regarding level 2 background screening.
Signat:ae of Representative
Date
DOEA Form 235, Anestalion of Co pliance - En player, EJfectire Jamrary l9, 202/ Seaton d35.05(3),
F.S. Form availa67e al: hno://elderaR rrsstate.t1.ees/en¢lislr/backzrormdscreenin¢.nhn
51
(February 2021 — September 2022)
ATTACHMENT IX
BUDGET AND RATE SUMMARY
COVID CARES ACT
COLLIER COUNTY
HCV21 203.21
1. Title III C Congregate Meals/HDM $ 231,742.07
TOTAL
$ 231,742.07
(February 2021 — September 2022)
ATTACHMENT IX
BUDGET AND RATE SUMMARY
COLLIER COUNTY
C-
I ICV21 203,21
SERVICE
REIMBURSEMENT
UNIT RATE
UNIT TYPE
C -- CONGREGATE MEALS
$11,72
MEALS
HOME DELIVERED MEALS
$ 8.07
MEALS
NUTRITION EDUCATION
$ 1,59
PARTICIPANTS
CONGREGATE MEAL SCREENING
$28,00
HOUR
OUTREACH
$432 PER PERSON
EPISODE
SCREENING & ASSESSMENT
$48,76
HOUR
SHOPPING ASSISTANCE— COVID 19
$34,12
ONE-WAY TRIP
TELEPHONE REASSURANCE—COVID
$13,40
EPISODE
*As stipulated in the contract, these services are provided on a cost reimbursement basis,
53
(February 2021 — September 2022)
HCV21 203.21
ATTACHMENT X
INVOICE SCHEDULE
Report Number
Based On
Submit to Agency
On This Date
1
February 2021 Advance*
February 1
2
March 2021 Advance*
February 1
3
February 2021 Expenditure Report
March 9 *See Note #4*
4
March 2021 Expenditure Report
April 9
5
April 2021 Expenditure Report
May 9
6
May 2021 Expenditure Report
June 9
7
June 2021 Expenditure Report
July 9
8
July 2021 Expenditure Report
August 9
9
August 2021 Expenditure Report
September 9
10
September 2021 Expenditure Report
October 9
11
October 2021 Expenditure Report
November 9
12
November 2021 Expenditure Report
December 9
13
December 202 1 Expenditure Report
January 9
14
January 2022 Expenditure Report
February 9
15
February 2022 Expenditure Report
March 9
16
March 2022 Expenditure Report
April 9
17
April 2022 Expenditure Report
May 9
18
May 2022 Expenditure Report
June 9
19
June 2022 Expenditure Report
July 9
20
July 2022 Expenditure Report
August 9
21
August 2022 Expenditure Report
September 9
22
September 2022 Expenditure Report
October 9
23
Final Expenditure and Request for Payment
October 15
24
Closeout Report
November 1
Legend:
* Advance based on projected cash need as supported by a cash -flow
analysis or other information
appropriate
to demonstrate the contractor's financial need for the advance.
Note # 1:
Report #1 for Advance Basis Agreements cannot be submitted
to the Agency prior to
February 1 or until the agreement with the Agency has been executed.
Note #2: Report numbers 5 tluough 14 shall reflect an adjustment of one -tenth of the total advance
amount, on each of the reports, repaying advances issued the first two months of the agree-
ment. The adjustment shall be recorded in Part C, 1 of the report (ATTACHMENT XI).
Note # 3: Submission of expenditure reports may or may not generate a payment request. If final
expenditure report reflects funds due back to the Agency, payment is to accompany the
report.
Note #4: ALL Expenditure Reports are due by 12:00 p.m. on the 9'h of each month. IF the 9'h falls
on a Saturday, then the report will be due by the 8'h by 12:00 p.m. AND IF the 9m falls
on a Sunday, the report will be due by the 10'h by 12:00 p.m. Actual submission of the
vouchers to Dept. of Elder Affairs is dependent on the accuracy of the expenditure report,
which is verified and paid by CIRTS data only. AFTER Billing submitted, DO NOT ADD
any additional units (retro or next billing period) until after the 15'h of the month.
(February 2021 — September 2022)
ATTACHMENT XI
REQUEST FOR PAYMENT
01III&AI
REQUEST FOR PAYMENT
CORONAVIRUS CONSOLIDATED APPROPRIATIONS ACT
PROVIDER NAMETDDRESS, PHONE & FED ID NUMBER
-- - -- ---�
TYPE OF REPORT:
Advance
Reimbursement
-- --
PSA
I
Contractll
- - -
Report Pend
Reportlavoicep
s c
e
CERTIFICATION- to the best of my lawaviedge Mat firlsreque co ormsma etermsan epurposes set o In ea vemnvaot. of best my n e ge,
all CIRTS is accurate and correct
-_-L ___ _ -(_
Prepared By: Dete: �pprovetl By: - Date:
PART fic
BUDGETSUM6GRY
BE C
TOTAL
I{
1. Approved
CantraUAmouni
2. Previous Funds
--- - -
- ------
-
--
RECEIVEOfor--
Conlracl -rod
- _. _. -
-- - -_
—
3. contract Balance
a.ca'
(Line 1 minus ini
4. Previous Funds-
REQUESTED and
Not Received.
5. Contract Balance
(Line 3 minus line AY_
0.00l
FUNDS REQUESTED
1. 1st-2nd Months
Reques O�dY _
2 Net Exinendltves
For Month
3. Total
- --
I I
_
--
_
_ --
-
- -
- --
- ----
_
- -. I
-
PART C:
NET FUNDS REQUESTED:
1. Less: Over -Advance
D
2.Caadmot Funds are
- --
�--
-
-
-
Hera�i/' R qua e to
_ _o_Do
Lisid Services /Units /Rates provided - See attached repot
(February 2021— September 2022)
W411=1
ATTACHMENT XII
RECEIPTS AND EXPENDITURE REPORT
RECEIPTS AND EXPENDITURE REPORT
CORONAVIRUS CONSOLIDATED APPROPRIATIONS ACT
PROVIDER NAME, ADDRESS, PHONE# AND FEID#
PROGRAM FUNDING SOURCE:
Contract #
0
0
Contract Period:
0
Title
III
0
Report Period
0
0
Report/Invoice #
0
PSA
0
0
CERTIFICATION : I certify to the best of my knowledge and
belief that this report is
complete and all outlays herein are for purposes set forth
in the contract. To the best of my knovAedge, all CIRTS is accurate and correct.
Prepared by : Date :
Approved by:
Date
PARTA : BUDGETED INCOME/ RECEIPTS
1. Approved
2. Actual Receipts
3. Total Receipts
4. Percent of
Budget
For This Report
Year to Date
Approved Budget
1. Federal Funds
$0.00
$0.00
$0.00
#DIV/01
2. TOTAL RECEIPTS
$0.00
$0.00
$0.00
#DIV/01
PART : CONTRACTED EXPENDITURES
1. Approved
2.
Expenditures
3. Expenditures
4.
Percent of
Budget
For This Report
Year to Date
Approved Budget
1. Expenses
$0.00
$0.00
$0.00
#DIV/01
2. TOTAL EXPENSES
$0.00
$0.00
$0.00
#DIV/01
PART C: PROGRAM INCOME
1. Program Income
$0.00
PART D: INTEREST
1. Earned on Advances $0,00
2. Returned on Advances $0,00
DOEAFORM 705CCAA
1:
(February 2021 — September 2022) HC V21 203,21
ATTACHMENT XIII
COST REIMBURSEMENT SUMMARY
CORONAVIRUS CONSOLIDATED APPROPRIATIONS ACT
Revised August2007
Attestation Statement
Agreement/Contract Number: HCV203.21
Amendment Numbm• : NA
I, James C French ,attest that no changes or revisions have been made to the
(Reeipient/Contractor representative)
content of the above referenced agreement/contract or amendment between the Area Agency on Aging for
Southwest Florida and
Collier County Board of County Commissioners
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data processing media, which has no affect on the agreement/contract content.
4��
Signature
ATTEST
CRYSTAL K. KINZEL, CLERK
BY: 11Q
Revised August 2007
representative
8 ads/
Date
Approved as to f'otrn trod legality
4 �♦
AA'iS(Llllt County At urns \�