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Agenda 03/28/2017 Item #16D1303/28/2017 EXECUTIVE SUMMARY Recommendation to approve an “after-the-fact” amendment to the Nutrition Services Incentive Program (NSIP), attestation statement and budget amendment from Area Agency on Aging for Southwest Florida, Inc. for the Services for Seniors Program (Net Fiscal Impact $3,744.65). 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 which are 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) funding is provided through the Florida Department of Elder Affairs, and administered by Area Agency on Aging for Southwest Florida, Inc. (Agency). The NSIP program provides for an additional reimbursement of $0.72 for every meal the County serves. Therefore, the maximum that can be spent in the NSIP program is dependent on the maximum budget for the meals programs. Collier fully expended the budgeted funds for the meals programs, but the Agency had overfunded Collier County for this supplemental program (NSIP), meaning it awarded supplemental funds that would be in excess of what could be reimbursed for the actual means served. This amendment allows for a decrease in the contract amount of $62,727.77 for the October 1, 2015 through December 31, 2016 grant period. The contract final allocation is $58,983.12, provided by the Agency. The effective date of the amendment is December 31, 2016. Program Component Project Number Board Approved Award Budget Amended Award Required Budget Adjustment NSIP 33433 $62,727.77 $58,983.12 ($3,744.65) This item is being presented as an “after-the-fact” because Collier County received the grant agreement on February 23, 2017 from the Agency with a request for a 30-day turnaround time. The Agency routinely sends CCSS amendments with an effective date before the date the document is received which requires prompt attention. This time frame makes it impossible to meet agenda submittal deadlines to process the documents for Board consideration. Pursuant to CMA 5330 and Resolution No. 2010-122, the County Manager authorized the Public Services Department Head to sign the contract. This amendment is being presented for Board ratification. Collier County, as the Lead Agency, is responsible for responding to seniors’ needs as well as managing the spending authority for the NSIP program. GROWTH MANAGEMENT: There is no growth management impact. FISCAL IMPACT: A budget amendment is required to recognize a decrease in grant funding in the amount of $3,744.65 resulting in the total grant amount of $58,983.12 for FY 2016 in the Human Services Grant Fund 707, Project 33433. LEGAL CONSIDERATIONS: This item is legally approved for form and legality and requires a 03/28/2017 majority vote for Board approval. - JAB RECOMMENDATION: To approve the “after-the-fact” amendment and attestation statement with Area Agency on Aging for Southwest Florida, Inc., and authorize the corresponding budget amendments. Prepared by: Lisa N. Carr, Grants Coordinator, Community and Human Services ATTACHMENT(S) 1. NSIP 203.16.002 Final award allocation (PDF) 2. NSIP 203.16.001 Extend contract date, increase allocation and Language changes. (PDF) 3. NSIP 203.16 Contract (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.13 Doc ID: 2852 Item Summary: Recommendation to approve an “after-the-fact” amendment to the Nutrition Services Incentive Program, attestation statement and budget amendment from Area Agency on Aging for Southwest Florida, Inc. for the Services for Seniors Program (Net Fiscal Impact $3,744.65). Meeting Date: 03/28/2017 Prepared by: Title: Grants Coordinator – Community & Human Services Name: Lisa Carr 03/07/2017 10:53 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 03/07/2017 10:53 AM Approved By: Review: Community & Human Services Dora Carrillo Additional Reviewer Completed 03/07/2017 11:29 AM Community & Human Services Kristi Sonntag Additional Reviewer Completed 03/07/2017 12:28 PM Public Services Department Joshua Hammond Additional Reviewer Completed 03/07/2017 1:33 PM Public Services Department Kimberley Grant Additional Reviewer Completed 03/07/2017 6:14 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 03/07/2017 6:43 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 03/13/2017 9:56 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/13/2017 11:48 AM Grants Erica Robinson Level 2 Grants Review Completed 03/14/2017 9:06 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/14/2017 11:09 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 10:21 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/15/2017 10:46 AM Grants Therese Stanley Additional Reviewer Completed 03/17/2017 4:22 PM Budget and Management Office Ed Finn Additional Reviewer Completed 03/20/2017 2:55 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 9:41 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM Amendment 002 October 2015 — December 2016 NSIP 203.16.002 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 203.16. The purpose of this amendment is to amend 4. Contract Amount with the final allocation for the 2015-2016 contract year, SECTION IH: METHOD OF PAYMENT, and revise ATTACHMENT III. 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 $58,983.12 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. SECTION III: METHOD OF PAYMENT 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 Home Delivered Meals 1 unit = 1 meal $.72 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 Home Delivered Meals 1 unit = 1 meal $.72 81,921 $58,983.12 This amendment shall be effective on December 31, 2016. 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. Amendment 002 October 2015 — December 2016 NSIP 203.16.002 IN WITNESS WHEREOF, the parties hereto have caused this 3 page amendment to be executed by their officials there unto duly authorized. Recipient: COLLIER COUNTY BOARD OF COUNTY COM..IVHSSIONERS SIGNED BY: NAME: STEVE Y. CARNELL TITLE: PUBLIC SERVICES DEPARTMENT HEAD DATE: March 3, 2017 Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: NAME: TITLE: DATE: MARIANNE G LORINI PRESIDENT/CEO Approved as to form and legality Assistant County Amendment 002 October 2015 — December 2016 NSIP 203.16.002 ATTACHMENT III 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE I FUNDING SOURCE CFDA I AMOUNT GRANT AWARD (FAIN#): 16AAFLNSIP DUNS NUMBER :076997790 FEDERAL AWARD DATE: OCTOBER 28, 2015 AMOUNT Nutrition Services Incentive Program Collier County FGTF 93.053 $58,983.12 TOTAL FEDERAL AWARD $58,983.12 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: MATCHIN(f RF.C(ITTRCF.0 FnP F-FDFRAl, P-Pn RAMC PROGRAM TITLE I FUNDING SOURCE I CFDA I AMOUNT $0 CT A 'r]W FTN A Nf T Al . A CCT.CT A NCF. CT TR YVI-T T" CPe 11 S 07 F C PROGRAM TITLE I FUNDING SOURCE I CSF I AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A 3 Revised August 2007 Attestation Statement Agreement/Contract Number NSIP 203.16 Amendment Number 002 I, Steve 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 Department Head (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. March 3, 2017 Signature of Recipient/Contractor representative Date Approved as to form and legality Assistant County Attorney Revised August 2007 11 Amendment 001 October 2015 — December 2016 NSIP 203.16.001 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 203.16. The purpose of this amendment is to replace ATTACHMENT I, SECTION 1.2.4 Term of Provision of Services; 3.2.1 Payment Requests and 3.2.3 Date for Final Request for Payment by extending the contract until December 31, 2016, increase Collier allocation by $24,472.77, amend 4. Contract Amount and wherever stated throughout the contract, amend Section HI METHOD OF PAYMENT, 3.1 GENERAL STATEMENT OF METHOD OF PAYMENT, add Section IV SPECIAL PROVISIONS, and revise ATTACHMENT IH by adding the FEIN and DUNS Numbers as well as the increased allocation 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 $62,727.77. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 1.2.4 Term of Provision of Services The tern of this contract for the delivery of services shall be October 1, 2015 through December 31, 2016. 3.2.1 Payment Requests All payment requests shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The due date for the request for reimbursement and report(s) is no later than the 9"' day of the month following the month being reported, except for the final request for reimbursement, which is due no later than February 5, 2017. 3.2.3 Date for Final Request for Payment The final request for payment is due to the Agency no later than February 5. 2017. This contract is for services provided during the 2015 Federal Fiscal Year beginning October 1. 2015 through December 3L 2016. SECTION III: METHOD OF PAYMENT 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 Home Delivered Meals 1 unit = 1 meal $.72 The prospective rate is based on the estimated OAA grant award. Amendment 001 October 2015 — December 2016 COLLIER NSIP 203.16.001 Service to be Provided Unit of Service Unit Rate Maximum Units Allocation Eligible Congregate and Home Delivered Meals 1 unit = 1 meal $.72 87,121 $62,727.77 This amendment shall be effective September 30, 2016. 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 3 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:-' °� ° "' ;' SIGNED BY: NAME: STEVE Y. CARNELL NAME: MARIANNE G LORINI TITLE: PUBLIC SERVICES DEPARTMENT HEAD TITLE: PRESIDENT/CEO r DATE: October 1 2016 DATE: Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 2 Approved as to form and legality Assistant County irney .d Amendment 001 October 2015 — December 2016 NSIP 203.16.001 ATTACHMENT III 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE I FUNDING SOURCE CFDA AMOUNT !, GRANT AWARD (FAIN#): 16AAFLNSIP DUNS NUMBER :076997790 FEDERAL AWARD DATE: OCTOBER 28, 2015 AMOUNT Nutrition Services Incentive Program Collier County FGTF 93.053 $62,727.77 TOTAL FEDERAL AWARD $62.727.77 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 I FUNDING SOURCE I CFDA I AMOUNT $0 CTATV FINANfIAI. A4ZC14ZTAN1 F CTTRIFt T T" Cpm 714 07 F C PROGRAM TITLE FUNDING SOURCE CSF I AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A 3 M Revised August 2007 Attestation Statement Agreement/Contract Number NSIP 203.16 Amendment Number 001 I, Steve 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 Department Head (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. Signature of Recipient/Contractor representative Revised August 2007 October 2016 Date Approved as to form and legality `.. "A,'tantCountysist` rucy�— 101 _�__7l , �_ October 2015 - September 2016 NSIP 203.16 t t, 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. Furyose 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. JAcorporation of Documents within the Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals or desk books and Master Contract number HMO 14, 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 1, 2015 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 December 31, 2016. 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 rateschedule, subjnot ect eligible the availabilitfor payment under this contract.of funds. Any is or services paid for under any other contract or from any other source 5. Renewal F.S., the Agency may renew the contract By mutual agreement of the Parties, in accordance with s. 287.058(1)(9), g Y Y. The for a period not to exceed three years, or the term of the original contract, whichever tlonger. for the renewal mayr method for determining a renewal price, is set forth in the bid, proposal, pY be charged. Any renewal is subject to the same teed the availability a funds the original contract and contingent upon satisfactory performance evaluations by the Agency October 2015 - September 2016 NSIP 203.16 7. All Terms and Conditions Included: This contract and its Attachments, I, III, and VII and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF COUNTY COM SIGNERS SIGNED B ; ° NAME: Stephen Y. Carnell TITLE: Public Services Department Head DATE: Q 30 Federal Tax ID: 59-6000-558 Fiscal Year Ending Date: 9/30 Agency: AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE: r Approved as to form and legality 2 G C �INN . - Assistant CountyAttorneya, � �r'3 Collier County Board of County Commissioners The Contractor name, as shown on page 1 of this 3339 E Tamiami Trail, Building H a. contract, and mailing address of the official payee to Naples, FL 34112 whom the payment shall be made is: Kimberley Grant, Director b The name of the contact person and street address where Collier County Board of County Commissioners % Community and Human Services financial and administrative records are maintained is: 3339 E Tamiami Trail, Building H Naples, FL 34112 Kimberley Grant, Director The name, address, and telephone number of the Collier County Board of County Commissioners C. representative of the Contractor responsible for % Community and Human Services administration of the program under this contract is: 3339 E Tamiami Trail, Building H Naples, FL 34112 (239)252-2273 d The section and location within the Agency whereArea Tammy Rhoades, VP of Finance Agency on Aging for Southwest Florida, Inc. Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1100 forms are to be mailed is: North Fort Myers, FL 33903 239-652-6900 Marianne Lorini, Executive Director e. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc.15201 Contract Manager for this contract is: North Cleveland Avenue, Suite 1100 North Fort Myers, FL 33903 239-652-6900 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 in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF COUNTY COM SIGNERS SIGNED B ; ° NAME: Stephen Y. Carnell TITLE: Public Services Department Head DATE: Q 30 Federal Tax ID: 59-6000-558 Fiscal Year Ending Date: 9/30 Agency: AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE: r Approved as to form and legality 2 G C �INN . - Assistant CountyAttorneya, � �r'3 October 2015 - September 2016 INDEX OF ATTACHMENTS NSIP 203.16 ATTACHMENT I STATEMENT OF WORK........................................................................................................ 4 ATTACHMENT III FUNDING SUMMARY........................................................................................................13 ATTACHMENT VII REQUEST FOR REIMBURSEMENT.........................................................................................14 N October 2015 - September 2016 NSIP 203.16 ATTACHMENT I AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.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) DOEA (Department of Elder Affairs) 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) 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 served. 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) Catalog of Federal Domestic Assistance (CFDA) 93.053 4 October 2015 - September 2016 NSIP 203.16 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 shall 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 Performance 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 by OAA Nutrition Program Providers. 1.2.4 Term of Provision of Services The term of this contract for the delivery of services shall be October 1, 2015 through September 30, 2016. However, for the purpose of settling upon the appropriate meal reimbursement rate, as provided by USDA, the contract shall remain open until December 31, 2016. Notwithstanding this three (3) month reconciliation period, this contract makes no provisions for the payment of any services provided beyond September 30, 2016. 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; (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; 5 0 October 2015 - September 2016 NSIP 203.16 (4) Persons at nutritional risk having physical, emotional or behavioral conditions, 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 eligibility. Eligibility to become a client is based on meeting the requirements described in this ATTACHMENT 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 section 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. 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 NSII' cash to purchase foods of U.S. origin for their 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 due dates for its providers or Subcontractors to permit the Contractor to meet the Agency's reporting deadlines. 0 N October 2015 - September 2016 NSIP 203.16 (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. 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 or in the performance of the Subcontractor, the Contractor shall notify the 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 agreement without having a binding Subcontractor agreement executed. In accordance with Section 23.1 of the Master Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such action. The Contractor shall submit a copy of all subcontracts to the Contract Manager within thirty days of the subcontract being executed. 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 federal 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 goals 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, 8:00 am to 5:00 pm. 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 Service Congregate Meals Meal Home Delivered Meals Meal 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 Contractor enters OAA -specific data in the Client Information and Registration Tracking System (CIRTS). 7 October 2015 - September 2016 NSIP 203.16 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 provides 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 18'x' of each month. This report is for all agreements and /or contracts between the Contractor and the Agency. The report will include the following: (1) A list of all subcontractors and their current status regarding surplus/deficit; (2) The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; (3) Recommendations to transfer funds to resolve surplus/deficit spending; (4) Input from the 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. 2.4.5 Program Highlights The Contractor shall submit Program Highlights referencing specific events that occurred in SFY/FFY 2015-2016 by September 15, 2016. The Contractor shall provide a new success story, quote, testimonial, or human -interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Contractor shall provide a brief description of their mission or role. The active tense shall be consistently used in the highlight narrative, in order to identify the specific individual or entity that performed the activity described in the highlight. The Contractor shall review and edit Program Highlights for clarity, readability, relevance, specificity, human interest, and grammar, prior to submitting them to the Agency. 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. 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 over the backup resources 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. 8 October 2015 - September 2016 NSIP 203.16 2.6 PERFORMANCE SPECIFICATIONS 2.6.1 Outcomes The Contractor shall ensure services provided under this contract are in accordance with the current DOEA Progams and Services Handbook. The Contractor shall timely submit to the Agency all reports and information 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 Contractors 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 October 2015 - September 2016 3. SECTION III: METHOD OF PAYMENT NSIP 203.16 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 Home Delivered Meals 1 unit = 1 meal $.72 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 Home Delivered Meals 1 unit = 1 meal $.72 53,131 $38,255 3.2 INVOICE SUBMITTAL AND REQUESTS FOR PAYMENT All Requests for Reimbursement submitted to the Agency shall be submitted using ATTACHMENT VII (Request for Reimbursement). The Contractor shall include documentation of services provided, unit of services, and the rates for the services provided in conformance with the requirements as described in Section 3.1. 3.2.1 Payment Requests All payment requests shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. The due date for the request for reimbursement and report(s) is no later than the 9`h day of the month following the month being reported, except for the final request for reimbursement, which is due no later than November 5, 2016. 3.2.2 Payment Withholding Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved, as outlined in Section 26 of the Master 3.2.3 Date for Final Request for Payment (1) The final request for payment is due to the Agency no later than November 5. 2016. This contract is for services provided during the 2015 Federal Fiscal Year beginning October 1. 2015 through September 30. ZM; however, the contract is in effect through December 31, 2016. The additional three months (October 1. 2016 through December 31. 2016) 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 established 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. 10 October 2015 - September 2016 NSIP 203.16 3.3 DOCUMENTATION FOR PAYMENT The Contractor shall submit all requests for reimbursement in accordance with the Master Contract. The Contractor shall maintain documentation to support payment requests that shall be available to the Agency and/or Department or authorized individuals, such as Department of Financial Services, upon request. 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 as supporting documentation for the total number of meals reported. The CIRTS report must match the number of meals reported on DOEA Form 117NSIP; Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of complete and accurate financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved as outlined in Section 27 of the Master Contract. 3.3.1 CIRTS Data Entries for Contractors The Agency must require Contractors to enter all required data for clients and services in the CIRTS database per the DOEA Programs and Services handbook and the CIRTS User Manuel — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Contractors must enter this data into the CIRTS prior to submitting their requests for payment and expenditure reports to the Agency. The Agency shall establish time frames to assure compliance with due dates for the submission of requests for payment and expenditure reports to the Agency. 3.3.2 Contractors' Monthly CIRTS Reports The Agency must require Contractors to run monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the Agency with the monthly request for payment and expenditure report and must be reviewed by the Agency before the Contractor's request for payment and expenditure reports can be approved by the Agency. 3.4 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. 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 reimbursement 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. 3.5 FINANCIAL CONSEQUENCES The Contractor shall ensure 100% of the deliverables and service tasks identified in this contract are performed pursuant to contract requirements. 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 deliverables or service tasks, the Contractor will have 10 days to issue a Corrective Action Plan ("CAP") to the Contract Manager for approval that addresses the deficiencies and states how the deficiencies will be remedied within a specified time period. The Agency shall assess a Financial Consequence 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. 11 October 2015 - September 2016 NSIP 203.16 3.5.1 Payment Deduction 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. If the Contractor fails to timely submit a CAP plan, the Agency shall deduct 1% of the monthly value of the administrative funds in the contract for each day the CAP is overdue, beginning the l 1 1, day after notification by the contract manager of the deficiency. The deduction will be made from the payment for the invoice of the following month. If, or to the extent, there is any conflict between this paragraph and paragraphs 39 and 39.1 of the Master Contract, this paragraph shall have precedence. 12 October 2015 - September 2016 NSIP 203.16 ATTACHMENT III 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: AR 1 rVd1YVT1kT1- T1TC1/1TT",f1Y'0 T/l7] TT7\TT A T ""d%J 1" A ATC PROGRAM TITLE I FUNDING SOURCE I CFDA I AMOUNT AL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97. F.S PROGRAM TITLE I FUNDING SOURCE I CSFA I AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: N/A 13 October 2015 - September 2016 NSIP 203.16 ATTACHMENT VII REQUEST FOR REIMBURSEMENT Nutrition Services Incentive Program PROVIDER NAME, ADDRESS, PHONE#and FEID# TYPE OF REPORT: THIS REQUEST PERIOD: Payment Request: From To Regular Final Report # Contract Period To Contract # PSA # 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 Dy: Date: Approved by: Date PART A: REIMBURSEMENT COMPUTATION YEAR TO DATE CURRENT MONTH CONGREGATE HOME DELIVERED CONGREGATE HOME DELIVERED 1. Number of Meals 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 Meals 0 Year To Date Total Reimbursed $0.00 Total Reimbursement 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 5. Contract Balance $0.00' DOER Form 117nsip revised 7114 14 ` Revised August 2007 Attestation Statement Agreement/Contract Number NSIP 203.16 Amendment Number n/a 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 Department Head (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. Signature of Revised August 2007 representative Date Approved as to form and legality Assistant County Attorney, NN ` r 0%\ M