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Agenda 04/26/2016 Item #16D 7 4/26/2016 16.D.7. EXECUTIVE SUMMARY Recommendation to approve an "after-the-fact" amendment, attestation statement and budget amendment award for the Nutrition Services Incentive Program from Area Agency on Aging for Southwest Florida,Inc. (Net Fiscal Impact$6,574.30) OBJECTIVE: To provide continued nutrition services to the seniors in Collier County. CONSIDERATIONS: Collier County Services for Seniors (CCSS), managed by the Community and Human Services Division has provided support services to Collier County's qualified seniors for over thirty four years. This program consists of four congregate meals sites, located at the East Naples Community Center, Goodlette Arms Apartments, the Golden Gate Community Center, and the Roberts Center in Immokalee. These social settings provide companionship and meals to qualified County residents. Home delivered meals are also provided through this grant program to qualified clients who are not able to leave their homes. The Nutrition Services Incentive Program (NSIP) amendment allows for an increase in the current contract amount of$38,255.00 for the October 1, 2014 through September 30, 2015 grant period. This grant program reimbursed the County $0.72 for each meal served in the Senior Nutrition program, which is used to support and enhance the meal program. The additional $6,574.30 in funding will allow the County to be reimbursed for additional meals that were provided during the 2015 fiscal year. The contract final allocation is $44,829.30, provided by the Florida Department of Elder Affairs through the Area Agency on Aging of Southwest Florida("Agency"). This-item is being presented as an "after-the-fact because" because Collier County received the grant agreement on March 3, 2016 from the Agency with a request for a 30 day turnaround time. The Agency routinely sends CCSS amendments with an effective date prior to the date the document is received which requires prompt attention. This time frame makes it in impossible to met agenda submittal deadlines to process the documents for Board consideration.Pursuant to CMA 5330 and Resolution No. 2010-122,the County Manager authorized Steve Carnell, Public Services Department Head, to sign the contract. This amendment is being presented for Board ratification. Collier County, as the Lead Agency, is responsible to respond to seniors' needs and to manage the spending authority for the NSIP program services. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: A budget amendment is required to recognize an increase in grant funding in the amount of$6,574.30 resulting in the grant total amount of$44,829.30 for FY 2015 in the Human Services Grant Fund 707,Project 33382. LEGAL CONSIDERATIONS: This item is legally approved for form and legality and requires a majority vote for Board approval.—JAB RECOMMENDATION: That the Board of County Commissioners approves the "after-the-fact" amendment and attestation statement with Area Agency on Aging for Southwest Florida, Inc. and authorize the corresponding budget amendment. Prepared by: Lisa N. Carr,Grants Coordinator, Community and Human Services Attachments: 1. NSIP 203.15.001 2. NSIP 203.15 Contract Packet Page -1286- 4/26/2016 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve an "after-the-fact" amendment, attestation statement and budget amendment award for the Nutrition Services Incentive Program from Area Agency on Aging for Southwest Florida, Inc. (Net Fiscal Impact$6,574.30) Meeting Date: 4/26/2016 Prepared By Name: CarrLisa Title: Grants Coordinator,Community&Human Services 3/25/2016 3:24:47 PM Submitted by Title: Grants Coordinator,Community&Human Services Name: CarrLisa 3/25/2016 3:24:49 PM Approved By Name: CarrilloDora Title:Accountant,Community&Human Services Date: 3/29/2016 10:55:32 AM Name: GrantKimberley Title: Division Director-Cmnty&Human Svc, Community&Human Services. Date: 3/29/2016 3:58:39 PM Name: LopezMaggie Title: Supervisor-Accounting, Community&Human Services Date: 3/29/2016 4:38:05 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 3/31/2016 9:35:17 AM Packet Page -1287- 4/26/2016 16.D.7. Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 4/6/2016 9:25:28 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Community&Human Services Date: 4/6/2016 3:14:23 PM Name: BelpedioJennifer Title:Assistant County Attorney,CAO General Services Date: 4/6/2016 3:38:17 PM Name: RobinsonErica Title:Accountant, Senior,Grants Management Office Date:4/7/2016 10:44:13 AM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 4/12/2016 12:57:20 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/12/2016 2:53:17 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date:4/14/2016 12:37:21 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2016 3:24:58 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/17/2016 10:36:38 AM Packet Page -1288- Amendment 001 October 2014—September 2015 4/26/2016 16.D.7. AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,INC. NUTRITION SERVICES INCENTIVE PROGRAM COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AMENDMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc. ("Agency") and Collier County Board of County Commissioners("Contractor"), amends agreement NSIP 203.15. The purpose of this amendment is to amend 4. Contract Amount with the fmal allocation for the 2014-2015 contract year,revise ATTACHMENT III. Line denotes completion of above summary 4. Contract Amount: The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed$44,829.30. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. This amendment shall be effective September 30, 2015. All provisions in the agreement and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the agreement. This amendment and all of its attachments are hereby made a part of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this 2 page amendment to be executed by their officials there unto duly authorized. Recipient: COLLIER COUNTY BOARD OF AREA AGENCY ON AGING FOR SOUTHWEST COUNTY COMMISSIONERS FLORIDA,INC. SIGNED BY: 4 I 6 edit SIGNED BY: NAME: STEPHEN Y.CARNELL NAME: MARIANNE G LORINI TITLE: PUBLIC SERVICES DEPARTMENT HEAD TITLE: PRESIDENT/CEO DATE: March 21, 2016 DATE: Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 Approved as to form and legality 1 ^ssistant County Ai r7---ley Ci) Packet Page -1289- Amendment 001 October 2014—September 2015 4/26/2016 16.D.7. ATTACHMENT HI 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Nutrition Services Incentive Program Collier County FGTF 93.053 $44,829.30 TOTAL FEDERAL AWARD $44,829.30 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A FEDERAL FUNDS: 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirement for Federal Awards. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST'OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT $0 STATE FINANCIAL ASSISTANCE SUBJECT TO Sec.215.97,F.S. PROGRAM TITLE FUNDING SOURCE CSF AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A 2 0 Packet Page -1290- 4/26/2016 16.D.7. Attestation Statement Agreement/Contract Number:NSIP 203.15 Amendment Number 001 I, Stephen Y.Carnell ,attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and Public Services De}artment Head . (Signature of 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. I +�►," , March 21,2016 SignaturYl f Recipient/Contractor representative Date Approved as to form and legality Assistant County A ey 1 Packet Page -1291- 4/26/2016 16D.7. October 2014 - September 2015 NSIP 203.15 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,INC. STANDARD CONTRACT NUTRITION SERVICES INCENTIVE PROGRAM THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida,Inc. (Agency) and Collier County Board of County Commissioners(Contractor), and collectively referred to as the"Parties." WITNESSETH THAT: WHEREAS,the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor of the Agency. NOW THEREFORE, in consideration of the services to be performed and payments to be Made,together with the mutual covenants and conditions hereinafter set forth,the Parties agree as follows: 1. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments, forms,exhibits and references incorporated,which constitute the contract document. 2. Incorporation of Documents within the Contract The contract will incorporate attachments,proposal(s),state plan(s),grant agreements,retell/ant Department handbooks, manuals or desk books and Master Contract number HM014,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 October I,2014 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 September 30, 2015. 4. Contract Amount The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed$38,255 or the rate schedule,subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals By mutual agreement of the Parties,in accordance with s. 287.058(1)(g),F.S.,the Agency may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or method for determining a renewal price, is set forth in the bid, proposal,or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of funds. 1 Packet Page -1292- j -- October 2014 - September 2015 NsII 4/26/2016 16.D.7. funds. 6. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): Collier County Housing,Human and Veteran The Contractor name, as shown on page 1 of this Services a. contract, and mailing address of the official payee to 3339 E Tamiathi Trail, Building H whom the payment shall be made is: Naples,FL 34112 Kimberly Grant,Director Collier County Housing,Human and Veteran b. The name of the contact person and street address where Services financial and administrative records are maintained is: 3339 E Tamiami Trail,Building H Naples,FL 34112 Kimberly Grant,Director The name, address,and telephone number of the Collier County Housing,Human and Veteran C. representative of the Contractor responsible for Services administration of the program under this contract is: 3339 E Tamiami Trail,Building H Naples,FL 34112 (2391252-2273 Nancy Deln,Financial Officer d. The section and location within the Agency where Area Agency on Aging for Southwest Florida,Inc. Requests for Payment and Receipt and Expenditure 15201 North Clevieland Avenue, Suite 1100 forms are to be mailed is: North Fort Myers,FL 33903 23)-652-6900 Marianne Lorini,President/CEO e. The name,address,and telephone number of the Area Agency on Aging for Southwest Florida,Inc. Contract Manager for this contract is: 15201 North Cleveland Avenue, Suite 1100 North Fort Myers,FL 33903 231-652-6900 Upon change of representatives(names,addresses,telephone numbers)by either party,notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 7. All Terms and Conditions Included: This contract and its Attachments, I, III, and VII and any exhibits referenced it said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between by signing this contract, the Parties agree that they have relad and agree to the entire contract. IN WITNESS THEREOF,the Parties hereto have caused this contract, to be excuted by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF AREA AGENCY ON AGING FOR C• $ T COMMISSIONERS SOUTHWEST FLORIDA,INC. SIGNED BY: j':� I I`' '1 SIGNED BY: _AAA, NAME: Stephen Y. Carnell NAME: MARIANNE G LORINI TITLE: Public Services Administrator TITLE: PRESIDENT/CEO DATE: September 5,2014 DATE: V.?id 01y Federal Tax A9;490)00558 Approved as to form and legality DWIGHT E. BROCK, Clerk 2 0■\-1 0 } Assistant t mey o c9 By: Packet Page 4293- j 4/26/2016 16.D.7. October 2014 - September 2015 'NSIP INDEX OF ATTACHMENTS ATTACHMENT I STATEMENT OF WORK....................................... i .................................. 4 ATTACHMENT III FUNDING SUMMARY....................................... .12 A T T A C H M E N T I I I E X H I B I T 1. 1 3 A T T A C H M E N T V I I R E Q U E S T F O R REIMBURSEMENT..................................................'.......... 14 3 Packet Page -1294- 4/26/2016 16.D.7. October 2014 - September 2015 NSIP J J ATTACHMENT I AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,IN1.C.INC. STATEMENT OF WORK NUTRITION SERVICES INCENTIVE PROGRAM SECTION I: SERVICES TO BE PROVIDED 1.1 DEFINITIONS OF TERMS AND ACRONYMS 1.1.1 DEFINITIONS OF ACRONYMS Area Agency on Aging(AAA) Client Information and Registration Tracking System(CIRTS) Dietary Reference Intake(DRI) Nutrition Services Incentive Program(NSIP) Older Americans Act(OAA) Planning and Service Area(PSA) United States Department of Agriculture(USDA) State of Florida(State) Department(Florida Department of Elder Affairs) DOEA(Department of Elder Affairs) • 1.1.2 PROGRAM SPECIFIC TERMS Area Plan: A plan developed by the Area Agency on Aging outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with Section 306 (42 U.S.C. 3026) of the OAA and Agency instructions. Area Plan Update: A revision to the area plan wherein the Area Agency on Aging enters OAA program specific data in the CIRTS. An update may also include other revisions to the'area plan as instructed by the Agency. 1.2 GENERAL DESCRIPTION 1.2.1 General Statement The NSIP is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the number and/or the quality of meals serged. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served under the OAA. Florida has opted for cash payments in lieu of donated foods. 1.2.2 Authority The relevant authority governing NSIP are: (1) Older Americans Act of 2006,as amended, Section 311 (42 U.S.C. §3030a) (2) 42 U.S.C. 303a,42 U.S.C. 604 (3) Section 430.101,Florida Statutes. 4 c� Packet Page -1295- 4/26/2016 16.D.7. October 2014 - September 2015 NS1P J 1.2.3 Scope of Service The Contractor is responsible for the programmatic, fiscal and operational management of the NSIP, involving oversight of the nutrition service operations of its subcontracted providers. The program services provided under this contract shall be provided in a manner consistent with and described in the Contractor's current area plan update,which is incorporated by reference,and the current'DOEA Program and Services Handbook,which is also incorporated by reference. 1.2.3.1 In fulfilling the terms of this agreement, the Contractor's scope of services thall consist of completion of the following service tasks: (1) Client Eligibility Determination; (2) Program Eligibility Compliance; (3) Program Coordination and Oversight; (4) Ensuring Compliance with Prescribed Nutrition Requirements; (5) Ensuring Compliance with Prescribed Food Origin Requirements; (6) Compliance with Program Reporting and Records Management Requirements;and(7)Monitoring the Pdrformance of Subcontractors. 1.2.3.2 The Contractor shall use the NSIP funding under this contract to supplement funding for food used in meals served under the OAA. 1.2.4 Term of Provision of Services The term of this contract for the delivery of services shall be as referenced in Paragraph 3 of this contract. However, for the purpose of settling upon the appropriate meal reimbursement rate,as provided by USDA, the contract shall remain open until December 31, 2015. Notwithstanding this three (3) month reconciliation period, this contract makes no provisions for the payment of Any services provided beyond September 30,2015. 1.2.5 _ Major Program Goals The major goals of the NSIP program are as follows: (1) To supplement funding for food used in meals served by OAA Nutrition Program Providers;and (2) Provide incentives for the effective delivery of nutritious meals to older individuals. 1.3 INDIVIDUALS TO BE SERVED 1.3.1 Congregate Meals Client eligibility for congregate meals is as follows: (1) Individuals age 60 or older; (2) Spouses(regardless of age)attending the dining center with their eligible'spouse; (3) Persons with a disability,regardless of age, residing in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; (4) Persons with disabilities residing at home with and accompanying an eligible person to the dining center; and (5) Volunteers,regardless of age,providing essential services on a regular basis during meal hours. 1.3.2 Home Delivered Meals Client eligibility for congregate meals is as follows: (1) Individuals age 60 or older who are homebound by reason of illness,disability or isolation; 5 Packet Page-1296- �V Obtober 2014 - September 2015 NSIP 4/26/2016 16.D.7. (2) The spouse of a homebound eligible individual,regardless of age if the provision of the collateral meal supports maintaining the homebound eligible individual at home; (3) Individuals with a disability, regardless of age, residing at home with eligible individuals and are dependent on them for care; (4) Persons at nutritional risk having physical,emotional or behavioral condi!iions,which would make their presence at the congregate site inappropriate;and (5) Persons at nutritional risk who are socially or otherwise isolated and unable to attend a congregate nutrition site. 1.3.3 Restrictions Meals served to an elderly individual funded in whole or in part under the Medicaid Waiver, Home Care for the Elderly or Community Care for the Elderly Programs or other means tested programs may not be included in the NSIP count. SECTION II: MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS 2.1.1 Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eli ibility. Eligibility to become a client is based on meeting the requirements described in this ATTACT I,Section 1.3. 2.1.2 Program Eligibility Requirements Entities must meet the following criteria in order to be eligible for program participation: (1) An agency that has received a grant under the OAA Title III(OAA sectiop 311(42 U.S.C.3030a)); and (2) A nutrition service provider that serves meals and is under the jurisdictiOn, control, management and audit authority of the Area Agency on Aging and the Department of Elder Affairs. 2.1.3 Oversight of Provider's Nutrition Service Operations The Contractor shall oversee the nutrition service operations of the provider to ensure that the requirements of ATTACHMENT I are met, as well as any other applicable regulations and policies prescribed by the Department of Health and Human Services,USDA, state and local health departments or any other agency designated to inspect meal quality for the State. 2.1.4 Prescribed Nutritional Requirements The Contractor shall ensure that each meal provided under this NSIP contract meets the following criteria: (1) Comply with the current Dietary Guidelines for Americans, published by the Secretaries of the Department of Health and Human Services and the Department of Agriculture; and (2) Provide a minimum of 33 1/3 percent of the dietary reference intakes/adequate intakes for an age 70+ female as established by the Food and Nutrition Board of the National Academy of Sciences. 6 Packet Page -1297- 4/26/2016 16.D.7. October 2014 - September 2015 NSIP 2u.s.i D 2.1.5 Food Origin and Commodities Requirements Consistent with existing requirements of the Nutrition Services Incentive Program,the Contractor and its service providers may use NSIP cash to purchase foods of U.S.origin for them nutrition projects under Title III of the OAA. NSIP funds must be used to expand meal services to older adults. 2.1.6 Compliance with Program Reporting and Records Management Requirements (1) The Contractor shall ensure that all program reporting requirements evidencing service delivery are timely met. The Contractor must establish interim report submittal dbe dates for its providers or Subcontractors to permit the Contractor to meet the Agency's reporting deadlines. (2) In addition to any special reports that may be requested by the Agency!, the Contractor shall comply with the reporting and records management requirements as referenced in this ATTACHMENT I, sections 2.4 through 2.5.1. 2.1.7 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 circumstances occur that may result in a delay for a period of 60 days or more of the initiation of the Subcontract for in the performance of the Subcontractor, the Contractor shall notify the Contract Manager and tlile Agency's Chief Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. In accordance with Section 25 of the Master Contract, HM014 the Agency will not be responsible or liable for any obligations dr claims resulting from such action. 2.1.8 Monitoring the Performance of Subcontractors The Contractor shall monitor at least once per year each of its Subcontractors, Subrecipients, 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 federdal laws and regulations. The Contractor shall monitor to ensure that time schedules are met, the budget and scope of work are accomplished within the specified time periods and other performance goes stated in this contract are achieved. 2.2 SERVICE TIMES 2.2.1 Service Times The Contractor shall ensure the services listed in this contract are available;at times appropriate to meet client service needs, at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00am to 5:00pm. 2.3 DELIVERABLES 2.3.1 Service Unit The Contractor shall ensure the provision of the services described in the contract in accordance with the current Department of Elder Affairs Programs and Services Handbook and the service tasks described in ATTACHMENT I, Section 2.1. The chart below lists the type of services allowed and the unit of measurement: Service Unit of Servicq Congregate Meals Meal Home Delivered Meals Meal 7 C40 Packet Page -1298- 4/26/2016 16.D.7. October 2014- September 2015 NSIP 2.4 REPORTS The Contractor shall respond to additional routine and/or special requests for information and reports required by the Agency in a timely manner as determined by the Contract Manager. The Contractor shall establish due dates for any Subcontractors that permit the Contractor to meet the Agency's reporting requirements. 2.4.1 Area Plan Update and All Revisions Thereto The Contractor is required to submit an area plan update wherein the Contradtor enters OAA specific data in the Client Information and Registration Tracking System(CIRTS). 2.4.2 Client Information and Registration Tracking System(CIRTS)Reports • The Contractor shall input NSIP specific data into CIRTS to ensure CIRTS data accuracy. The Contractor shall use CIRTS generated reports which include the following: (1) Client Reports; (2) Monitoring Reports; (3) Services Reports; (4) Miscellaneous Reports; (5) Fiscal Reports; (6) Aging and Disability Resource Center Reports;and (7) Outcome Measurement Reports. 2.4.3 Service Costs Reports The Contractor shall require subcontractors to submit to the Contractor annual service cost reports which reflect actual costs of providing each service by program. This report provid4 information for planning and negotiating unit rates. 2.4.4 Surplus/Deficit Report The contractor shall submit a consolidated surplus/deficit report in a format provided by the Agency to the Contract Manager by the 18th of each month. This report is for all agreementsland/or contracts between the Contractor and the Department. The report will include the following: (I) A list of all subcontractors and their current status regarding surplus/deficit; (2) The Contractor's detailed plan on how the surplus/deficit spending exceei ling the threshold specified by the Agency will be resolved; (3) Recommendations to transfer funds to resolve surplus/deficit spending; (4)Input from the Contractor's Board of Directors on resolution of spending issues, if applicable; (5) The number of clients currently on the Assessed Priority Consumer List(APCL)that receive a priority ranking score of 4 or 5;and (6) The number of clients currently on the APCL designated as Imminent Risk. 2.5 RECORDS AND DOCUMENTATION The Contractor shall ensure the collection and maintenance of client and service information on a monthly basis from the CIRTS or any such system designated by the Agency. Maintenance includes;valid exports and backups of all data and systems according to Agency standards. 2.5.1 Each Contractor and Subcontractor, among other requirements,must anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Contractor functions must be backed up. The security controls bver the backup resources 8 Packet Page -1299- 4/26/2016 16.D.7. October 2014 - September 2015 'NS1P 2u.3.15 shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with Subcontractors. These policies and procedures will be made available to the Agency upon request. 2.6 PERFORMANCE SPECIFICATIONS 2.6.1 Outcomes The Contractor shall ensure services provided under this contract are in accordance with the current DOEA Programs and Services Handbook. The Contractor shall timely submit to the Agency all reports and infokmation described in ATTACHMENT I,SECTION 2.4 and 2.5. 2.7 CONTRACTOR'S FINANCIAL OBLIGATIONS 2.7.1. The Contractor agrees to distribute funds as detailed in this contract and the area plan update. Any changes in the total amounts of the funds identified in this contract,number of meals;served or meal rate require a contract amendment. If the Agency determines that the Contractor is not spending service funds accordingly,the Agency may transfer funds to other planning and service areas during the contract period and/or adjust subsequent funding allocations accordingly,as allowable under.state and federal law. 2.8 AGENCY RESPONSIBILITIES 2.8.1' Program Guidance and Technical Assistance The Agency will provide the Contractor with guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the Contractor. 2.8.2 Contract Monitoring The Agency will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, or an on-site visit. The Agency's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use,but is not limited to,one or more of the following methods for monitoring: (1) Desk reviews and analytical reviews; (2) Scheduled, unscheduled and follow-up on-site visits; (3) Client visits; (4) Review of independent auditor's reports; (5) Review of third-party documents and/or evaluation; (6) Review of progress reports; (7) Review of customer satisfaction surveys; (8) Agreed-upon procedures review by an external auditor or consultant; (9) Limited-scope reviews;and (10)Other procedures as deemed necessary. 9 c40 Packet Page -1300- 4/26/2016 16.D.7. October 2014- September 2015 NSIP:..,.,.. SECTION III: METHOD OF PAYMENT 3.1 GENERAL STATEMENT OF METHOD OF PAYMENT This is a fixed rate contract.The Agency shall make payment to the Contractor for provision of services up to a maximum number of units of service and at the prospective rate stated below: Service to be Provided Unit of Service Unit Rate Eligible Congregate and 1 unit= 1 meal $.72 Home Delivered Meals The prospective rate is based on the estimated OAA grant award: COLLIER Service to be Provided Unit of Service Unit Rate Maximum Units Allocation Eligible Congregate and 1 unit= 1 meal $.72 53,131 $38,255 Home Delivered Meals 3.2 REQUESTS FOR PAYMENT 3.2.1_ Date for Final Request for Payment (1) The final request for payment is due to the Agency no later than November ' . 2015. This contract is for services provided during the 2014 Federal Fiscal Year beginning October 1. 014 through September 30, 2015;however,the contract is in effect through December 31.2015. The additiobal three months(October 1, 2015 through December 31.2015) are to allow rates to be adjusted for the service period. This contract shall automatically terminate after the final rate for the federal fiscal year has been dstablished and the release of final payments are authorized by the Agency. (2) In the event that the final reimbursement rate is greater or less than the rate in ATTACHMENT I,Section 3.1, then this contract shall be appropriately adjusted upon notice from the Contract Manager. (3) In the event of a conflict between this paragraph and any other provision in the contract, this section shall supersede. 3.2.2 Documentation for Payment The Contractor shall submit all requests for reimbursement in accordance with"the Master Contract HM014 (ATTACHMENT A) All requests for reimbursement must include the following: (1) The Contractor shall submit the request for reimbursement on DOEA Form 117NSIP, NSIP Request for Reimbursement, (ATTACHMENT VII); (2) The Contractor shall submit a CIRTS report with DOEA Form 117NSIP os supporting documentation for the total number of meals reported. The CIRTS report must match the number of meals reported on DOEA Form 117NSIP; (3) The due date for the request for reimbursement and report(s)is no later than the 211Lday of the month following the month being reported, except for the final request for reimbursement, which is due no later than November 5.2015. 3.2.2.1 The Contractor shall maintain documentation to support payment requests that shall be available to the Agency or authorized individuals, such as Department of Financial Services,upon request. 10 (-,g Packet Page -1301- October 2014 - September 2015 NSIP 4/26/2016 16.D.7. 3.2.2.2 Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of complete and accurate financial and prograthmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resoilved as outlined in Section 27 of the Master Contract HM014. 3.2.2.3 The Contractor must require Subcontractors to enter all required data per,the Master Contract HM014 (ATTACHMENT A). The data must be entered into the CIRTS before the Subcontractors submit their request for payment and expenditure reports to the Contractor. The Contractor shall establish time frames to assure compliance with due dates for the submission of requests for payment and expenditure reports to the Agency. 3.2.2.4 The Contractor must require Subcontractors to run monthly CIRTS reports;and verify client and service data in the CIRTS is accurate. This report must be submitted to the Contractor with the monthly request for payment and expenditure report and must be reviewed by the Contractor before the Subcontractor's request for payment and expenditure reports can be approved by the Contractor. 3.2.3 Remedies for Nonconforming Services The Contractor shall ensure that all goods and/or services provided under this;contract are delivered timely, completely and commensurate with required standards of quality. Such goods and/or services shall only be delivered to eligible program participants. 3.2.3.1 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 serivices to clients. 3.2.4 Consequence for Noncompliance/Financial Consequences The Contractor shall ensure 100% of the deliverables identified in ATTACHMENT I are performed pursuant to contract requirements.The Service Tasks identified in Section 2.1 are Major Deliverables in this contract. 3.2.4.1 If at any time the Contractor is notified by the Agency's Contract Manager that it has failed to correctly,completely,or adequately perform the Major Deliverable,the Contractor will have 10 days to issue a Corrective Action Plan ("CAP") to the Contract Manager or delegee that addresses the deficiencies and states how the deficiencies will be remedied within the specified time period. The Agency shall assess a Financial Consequence of 1% of the monthly value of the contract for Non-Compliance on the Contractor 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. 3.2.4.2 In the event the Contractor fails to correct an identified deficiency within the timeline specified in the CAP, the Agency shall deduct, from the payment for the invoice of the following month, 1% of the monthly value of the contract for each day the deficiency is not corrected. 11 Packet Page -1302- �—% October 2014 - September 2015 NSrn: 4/26/2016 16.117. ATTACHMENT IH 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Nutrition Services Incentive Program Collier County FGTF } 93.053 $38,255.00 TOTAL FEDERAL AWARD $ 38,255.00 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 Requirement for Federal Awards. STATE RESOURCES AWARDED TO THE RECIPIENT 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 Sec.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: N/A 12 Packet Page -1303- October 2014 - September 2015 NSIP 4/26/2016 16.D.7. • ATTACHMENT HI EXHIBIT 1 PART I:AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133,as revised,and/or Section 215.97,Fla.Stat. Providers who are determined to be Recipients or Subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A- 133,as revised,and/or Section 215.97,Fla.Stat. Regardless of whether the audit requirements are met;providers who have been determined to be Recipients or Subrecipients of Federal awards and/or state financial assistance,must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec.210 of OMB Circular A-133 and/or Rule 69I-5.006,FAC,provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97,F.S. Recipient/Subrecipient subject to OMB Circular A-133 and/or Section 215.97,F.S. NOTE: If a provider is determined to be a Recipient/Subrecipient of federal and or state financial assistance and has been approved by the Agency to subcontract,they must comply with Section 215.97(7),F.S.,and Rule 69I-5.006(2),FAC[state financial assistance]and Section 400 OMB Circular A-133[federal awards]. PART II:FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive federal awards or state matching funds on federal awards and who are determined to be a Subrecipient,must comply with the following fiscal laws,rules and regulations: STATES,LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. OMB Circular A-102—Administrative Requirements OMB Circular A-133—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. OMB Circular A-133—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations EDUCATIONAL INSTITUTIONS(EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)MUST FOLLOW: 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. OMB Circular A-133—Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations *Some federal programs may be exempted from compliance with the Cost Principles Circular$as noted in the OMB Circular A-133 Compliance Supplement,Appendix I. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a Recipient/Subrecipient,must comply with the following fiscal laws,rules and regulations: Section 215.97,Fla.Stat. Chapter 69I-5,Fla.Admin.Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations. 13 C40 Packet Page -1304- October 2014 - September 2015 NSIP 4/26/2016 16.D.7. ATTACHMENT VII REQUEST FOR REIMBURSEMENT Nutrition Services Incentive Program PROVIDER NAME,ADDRESS,PHONE/Sand FEID# TYPE OF REPORT: THIS REQUEST PERIOD: Payment Request: From To Regular Final Report# Contract Period To Contract# P.SA CERTIFICATION: I hereby certify that to the best of my knowledge the Information in this report is accurate and complete and that all outlays reported herein Were for purposes set forth in the contract documents. Prepared by: _ Date: Approved by: + Date PART A:REIMBURSEMENT COMPUTATION YEAR TO,DATE CURREN1MONTH CONGREGATE HOME DELIVERED. CONGREGATE � HOME DELIVERED 1.Number of Meats Served 0 0 0 0 2.Line 1 Times$.72 cents per Meal $0.00 $0.00 $0.00 $0.00 Year To Date Total Meals 0 Current Month Total Mealy 0 Year To Date Total Reimbursed $0,00 Total Relmbwsement Requested $0.00 PART B:CONTRACT SUMMARY 1.Approved Contract Amount $0.00 2.Previous Reimbursements Requested $0.00 3.Contract Balance $0.00. 4.Amount to be Reimbursed-This Report $0.00'. 6.Contract Balance .$0O0 DOEA Form 117nsip relbeo 7n9 14 CAU Packet Page -1305- 4/26/2016 16.D.7. Attestation Statement Agreement/Contract Number NSIP 203.15 Amendment Number n/a I, Stephen Y.Carnell ,attest that no changes or revisions!hive been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Ajgency on Aging for Southwest Florida and Public Services Administrator (Signature of 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. 41141 Olit/ ✓ 9/5/204 Signature of Recip nt/Contractor representative Date Approved as to firm and leg u: Assistant Connty torncv cl\- C°114— • CA() Packet Page -1306-