Agenda 03/23/2010 Item #16D 3
Agenda Item No. 16D3
March 23, 2010
Page 1 of 46
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an agreement and
attestation statement between the Area Agency on Aging for Southwest Florida, Inc. and
Collier County, and approve associated budget amendments to reflect an inerease of
$144,147 in the Older Americans Act grant program.
OBJECTIVE: The execution of this agreement and budget amendments is necessary for
uninterrupted support services to Services for Seniors' frail and elderly clients.
CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support
and nutrition services to Collier County's frail elderly for over 30 years through the Older
American Act program.
In order to prevent disruptions in service to the elderly, a budget amendment comparable to the
previous year's allocation was approved by the Board of County Commissioners on December I,
2009, item 16D3. The agreement for the 2009-2010 program year has been received from the
grantor agency and reflects an increase of $144,147 over what was previously budgeted.
Therefore, budget amendments are required to reflect the actual allocation stated in the
agreement.
The total grant amount of $942,801 is for the period January 1,2010 through December 31,
2010. Funding is available from the State of Florida grants and aids appropriation administered
by the Area Agency on A!,ring of Southwest Florida. Of the total grant award, $689,147 will be
recognized by the County as the direct funding portion for case management, nutrition services,
transportation and administration costs. The remaining $253,654 will be retained by the grantor
agency to pay local in-home service providers as authorized by the Area Agency on Aging. A
total of$49,300 in local matching funds was approved in the FYI 0 budget as a contribution from
the General Fund (001) to Services for Seniors (123) and subsequently transferred to the new
Human Services Grants fund 707.
Program Component Original Revised Budget Net Change
Budget
Title III-B Homemaker $75,000 $105,000 $30,000
Title Cl Congregate Meals $185,000 $205,879 $20,879
Title C2 Home Delivered Meals $235,000 $312,251 $77,251
Title III-E Carel!iver Support $50,000 $66,017 $16,017
Total $545,000 $689,147 $144,147
FISCAL IMPACT: FYIO budget in Services for Seniors fund (707) will increase by $144,147.
No additional matching funds are required.
GROWTH MANAGEMENT: There are no growth management impacts from this
recommendation.
Agenda Item No. 16D3
March 23, 2010
Page 2 of 46
LEGAL CONSIDERATIONS: The agreement has been reviewed and approved by the County
Attorney's Office. It is legally suffIcient for Board action.-CMG
RECOMMENDATIONS: Approve and authorize the Chairman to sign the agreement and
attestation statement, and approve the necessary budget amendments to recognize the increase in
funding.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16D3
March 23, 2010
Page 3 of 46
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1603
Recommendation to approve and authorize the Chairman to sign an agreement between the
Area Agency on Aging for Southwest Florida, Inc. and Collier County, and approve
associated budget amendments to reflect an increase of $143,747 in the Older Americans
Act grant program.
3/23/2010 g:OO:OO AM
Date
Prepared By
Terri A. Daniels
Public Services Division
Supervisor ~ Accounting
Human Services
3/5/20105:35:18 PM
Date
Approved By
Marcy Krumbine
Public Services Division
Director - Housing & Human Services
Human Services
3/8/20108:44 AM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3/8/20109:15 AM
Date
Approved By
Marla Ramsey
Public Services Division
Administrator - Public Services
Public Services Division
3/9/20103:47 PM
Date
Approved By
Kathy Carpenter
Public Services
Executive Secretary
Public Services Admin.
3/9/2010 3:59 PM
Date
Approved By
Marlene J. Foard
Administrative Services
Division
Grant Development & Mgmt Coordinator
Administrative Services Division
3/9/2010 4:07 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/10/20109:31 AM
Date
Approved By
Sherry Pryor
Office of Management &
Budget
ManagemenU Budget Analyst, Senior
Office of Management & Budget
3/10/20104:50 PM
Approved By
Date
Jeff Klatzkow
County Attorney
Agenda Item No. 16D3
March 23, 2010
Page 4 of 46
3/12/20102:35 PM
Mark Isackson
Date
Approved By
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/13/201010:42 AM
January 2010
Agenda Item No. 1603
March 23, 2010
ContrallltJ!jlM iP~lP10
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC
STANDARD CONTRACT
OLDER AMERICANS ACT PROGRAM TITLE III
THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc.,
hereinafter referred to as the "Agency," and Collier County Board of Commissioners hereinafter
referred to as the "Contractor", and collectively referred to as the "Parties." The term contractor for
this purpose may designate a vendor, subgrantee or sub recipient, the status to be further identified in
ATTACHMENT III, Exhibit-2 as necessary.
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 and exhibits, which constitute the contract
document.
2. Incorporation of Documents within the Contract
The contract will incorporate attachments, proposal(s), state plan(s), grant agreements,
relevant department handbooks, manuals or desk books, as an integral part of the contract,
except to the extent that the contract explicitly provides to the contrary. In the event of conflict
in language among any of the documents referenced above, the specific provisions and
requirements of the contract document(s) shall prevail over inconsistent provisions in the
proposal(s) or other general materials not specific to the contract document and identified
attachments.
3. Term of Contract
This contract shall begin on Januarv 1. 2010. It shall end at midnight, local time in North Fort
Myers, Florida, on December 31. 2010.
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 $942.801.00, 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)(f), F.S., the agency may
renew the contract for a period not to exceed three years, or the term of the original contract
whichever is longer. The renewal price, or method for determining a renewal price, is set forth
in the bid, proposal, or reply. No other costs for the renewal may be charge. Any renewal is
Agenda Item No. 1603
March 23, 2010
January 2010 Contra~ ~Mftl10
subject to the same terms and conditions as the original contract and contingent upon
satisfactory performance evaluations by the agency and the availability of funds.
6. Compliance with Federal Law
6.1.1 The provider shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other
applicable regulations.
6.1.2 If this contract contains federal funds and is over $100,000.00, the contractor shall comply
with all applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act
as amended (42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended, and where
applicable Environmental Protection Agency regulations 40 CFR 30. The contractor shall
report any violations of the above to the department.
6.1.3. The contractor, or agent acting for the contractor, may not use any federal funds received
in State legislature. If this contract contains federal funding in excess of $100,000.00, the
contractor must, prior to contract execution, complete the Certification Regarding Lobbying
form, ATTACHMENT II. All disclosure forms as required by the Certification Regarding
Lobbying form must be completed and retumed to the Contract Manage, prior to payment
under this contract.
6.1.4. That if this contract contains $10,000.00 or more of federal funds, the contractor shall
comply with Executive Order 11246, Equal Employment Opportunity, as amended by
Executive Order 11375 and others, and as supplemented in Department of Labor
regulation 41 CFR 60 and 45 CFR 92, if applicable.
6.1.5 That if this contract contains federal funds and provides services to children up to age 18,
the contractor shall comply with the Pro-Children Act of 1994 (20 U.S.C.6081).
6.1.6 That a contract award with an amount expected to equal or exceed $25,000.00 and certain
other contract awards shall not be made to parties listed on the government-wide Excluded
Parties List System, in accordance with the OMB guidelines at 2 CFR 180 with
implemented Executive Orders 12549 and 12689, "Debarment and Suspension." The
Excluded Parties List System contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. The contractor will comply with
these provisions before doing business or entering into subcontracts receiving federal
funds pursuant to this contract. The contractor shall complete and sign ATTACHMENT V
prior to the execution of this contract.
6.2The contractor shall not employ an unauthorized alien. The agency shall consider the
employment of unauthorized aliens a violation of the Immigration and Nationality Act (8
U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such
violation shall be cause for unilateral cancellation of this contract by the agency.
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January 2010
7. ComDliance with State Law
7.1 That this contract is executed and entered into in the State of Florida, and shall be
construed, performed and enforced in all respects in accordance with the Florida law,
including Florida provisions for conflict of laws.
Agenda Item No. 1603
March 23, 2010
Contrr~AAq~olO
7.2 Requirements of s. 287.058,F.S.
7.2.1 The contractor will provide units of deliverables, including reports, findings, and drafts, as
specified in this contract, which the contract Manager must receive and accept in writing
prior to payment.
7.2.2 The contractor will submit bills or fees or other compensation for services or expenses in
sufficient detail for a proper pre-audit and post-audit.
7.2.3. If itemized payment for travel expenses is permitted in this contract, the contractor will
submit bills for any travel expenses in accordance with s. 122.061,F.S., or at such lower
rates as may be provided in this contract.
7.2.4 The contractor will allow public access to all documents, papers, letters, or other public
records as defined in subsection 119.011(12), F.S., made or received by the contractor in
conjunction with this contract except for those records which are made confidential or
exempt by law. The contractor's refusal to comply with this provision shall constitute an
immediate breach of contract for which the department may unilaterally terminate the
contract.
7.3 If clients are to be transported under this contract, the contractor shall comply with the
provisions of Chapter 427"F.S., and Rule 41-2, FAC.
7.4 Subcontractors who are on the discriminatory vendor list may not transact business with
any public entity, in accordance with the provisions of s. 287.134.F.S.
7.5 The contractor will comply with the provisions of s. 11.062,F.S., and s. 216.347.F.S., which
prohibit the expenditure of contract funds for the purpose of lobbying the legislature,
judicial branch or a state agency.
8. Grievance Procedures
The contractor shall develop and implement, and ensure that its subcontractors have
established grievance procedures to process and resolve client dissatisfaction with or
denial or service(s), and address complaints regarding the termination, suspension or
reduction of services, as required for receipt of funds. These procedures, at a minimum,
should provide for notice of the grievance procedure and an opportunity for review of the
subcontractor's determination(s).
9. Audits. InsDections, Investiaations. Public Records and Retention
9.1 To establish and maintain books, records and documents (including electronic storage
media) sufficient to reflect all income and expenditures of funds provided by the agency
under this contract.
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January 2010
Agenda Item No. 16D3
March 23, 2010
Contra~~b-~ 6tl~@10
9.2 To retain all client records, financial records, supporting documents, statistical records, and
any other documents (including electronic storage media) pertinent to this contract for a
period of six (6) years after completion of the contract or longer when required by law. In
the event an audit is required by this contract, records shall be retained for a minimum
period of six (6) years after the audit report is issued or until resolution of any audit findings
or litigation based on the terms of this contract, at no additional cost to the agency.
9.3 Upon demand, at no additional cost to the agency, the contractor will facilitate the
duplication and transfer of any records or documents during the required retention period
in Paragraph 9.2.
9.4 To assure that the records described in Paragraph 9 shall be subject to all reasonable
times to inspection, review, copying, or audit by Federal, State or other personnel duly
authorized by the agency.
9.5 At all reasonable times for as long as records are maintained, persons duly authorized by
the agency and Federal auditors, pursuant to 45 CFR 92.36(i)(10), shall be allowed full
access to an the right to examine any of the contractor's contracts and related records and
documents pertinent to this specific contract, regardless of the form in which kept.
9.6 To provide a financial and compliance audit to the agency as specified in this contract and
in ATTACHMENT III and to ensure that all related party transactions are disclosed to the
auditor.
9.7 To comply and cooperate immediately with any inspections, reviews, investigations, or
audits deemed necessary by the office of the Inspector General pursuant to s.20.055.F.D.
10. Nondiscrimination-Civil Rights Compliance
10.1 The contractor will execute assurances in ATTACHMENT VI that it will not discriminate
against any person in the provision of services or benefits under this contract or in
employment because of age, race, religion, color, disability, national origin, marital status
or sex in compliance with state and federal law and regulations. The contractor further
assures that all contractors, subcontractors, subgrantees, or others with whom it arranges
to provide services or benefits in connection with any of its programs and activities are not
discriminating against clients or employees because of age, race, religion, color, disability,
national origin, marital status or sex.
10.2 The contractor will retain, on file, during the term of this agreement a timely, complete and
accurate Civil Rights Compliance Checklist (ATTACHMENT B).
10.3 The contractor agrees to establish procedures pursuant to federal law to handle
complaints or discrimination involving services or benefits through this contract. These
procedures shall include notifying clients, employees, and participants of the right to file a
complaint with the appropriate federal of state entity.
10.4 If this contract contains federal funds, these assurances are a condition of continued
receipt of or benefit from federal financial assistance, and are binding upon the contractor,
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Agenda Item No. 16D3
March 23, 2010
January 2010 ContnRtl!jlAIHUlltD10
its successors, transferees, and assignees for the period during which such assistance is
provided. The contractor further assures that all subcontractors, vendors, or others with
whom it arranges to provide services or benefits to participants or employees in connection
with any of its programs and activities are not discriminating against those participants or
employees in violation of the above statutes, regulations, guidelines and standards. In the
event of failure to comply, the contractor understands that the agency may, at its
discretion, seek a court order requiring compliance with the terms of this assurance or
seek other appropriate judicial or administrative relief, including but not limited to,
termination of and denial of further assistance.
11. Provision of Services
The contractor will provide services in the manner described in A IT ACHMENT I.
12. Monitorinq bv the Aaencv
The contractor will permit persons duly authorized by the agency to inspect and copy any
records, papers, documents, facilities, goods and services of the contractor which are
relevant to this contact, and to interview any clients, employees and subcontractor
employees of the contractor to assure the agency of the satisfactory performance of the
terms and conditions of this contract. Following such review, the agency will deliver to the
contractor a written report of its findings and request for development, by the contractor, of
a corrective action plan where appropriate. The contractor hereby agrees to timely correct
all deficiencies identified in the corrective action plan.
13, Indemnification
13.1 The contractor shall indemnify, save, defend, and hold harmless the agency and its agents
and employees from any and all claims, demands, actions, causes of action of whatever
nature or character, arising out of or by reason of the execution of this agreement or
performance of the services provided for herein. It is understood and agreed that the
provider is not required to indemnify the agency of claims, demands, actions or causes of
action arising solely out of the agency's negligence.
13.2 Except to the extent permitted by s. 768.28,F .S., or other Florida law, paragraph 13.1 is
not applicable to contracts executed between the agency and state agencies or
subdivisions defined in s. 768.28(2), F.S.
14. Insurance and Bondinq
14.1 To provide continuous adequate liability insurance coverage during the existence of this
contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it
is a state agency or subdivision as defined by subsection 768.28(2), F.S., the contractor
accepts full responsibility for identifying and determining the type(s) and extent of liability
insurance necessary to provide reasonable financial protections for the contractor and the
clients to be served under this contract. The limits of coverage under each policy
maintained by the contractor do not limit the contractor's liability and obligations under this
contract. The contractor shall ensure that the agency has the most current written
verification of insurance coverage throughout the term of this contract. Such coverage
may be provided by a self-insurance program established and operating under the laws of
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Agenda Item No. 16D3
March 23, 2010
January 2010 Contr1il~GAA i>OarolO
the State of Florida. The agency reserves the right to require additional insurance as
specified in this contract.
14.2 Throughout the term of this agreement, the contractor agrees to maintain an insurance
bond from a responsible commercial insurance company covering all officers, directors,
employees and agents of the contractor authorized to handle funds received or disbursed
under all agreements and/or contracts incorporating this contract by reference in an
amount commensurate with the funds handled, the degree of risk as determined by the
insurance company and consistent with good business practices.
15. Confidentialitv of Information
The contractor shall not use or disclose any information concerning a recipient of services
under this contract for any purpose prohibited by state or federal law or regulations except
with the written consent of a person legally authorized to give that consent or when
authorized by law.
16. Health Insurance portabilitv and Accountabilitv Act
Where applicable, the contractor will comply with the Health Insurance Portability and
Accountability Act (42 USC 1320d.), as well as all regulations promulgated thereunder (45
CFR 160, 162, and 164).
17. Incident Reportinq
17.1 The contractor shall notify the agency immediately, but no later than forty-eight (48) hours
from, the contractor's awareness or discovery of conditions that may materially affect the
contractor or subcontractor's ability to perform the services required to be performed under
this contact.
17.2 To immediately report knowledge or reasonable suspicion of abuse, neglect, or
exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the
statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and
415, F.S., this provision is binding upon both the contractor and its employees.
18. Sponsorship and Publicitv
18.1 As required by s. 286.25,F.S., if the contractor is a non-governmental organization which
sponsors program financed wholly or in part by state funds, including any funds obtained
through this contract, it shall, in publicizing, advertising, or describing the sponsorship of
the program, state: "Sponsored by Area Agency on Aging for Southwest Florida, Inc and
the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written
material, the words "Area Agency on Aging for Southwest Florida" and "State of Florida,
Department of Elder Affairs" shall appear in at least the same size letters or type as the
name of the organization.
18.2 The contractor shall not use the words "Area Agency on Aging for Southwest Florida, Inc."
and/or "The State of Florida, Department of Elder Affairs" to indicate sponsorship of a
program otherwise financed, unless, specific authorization has been obtained by the
agency prior to use.
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January 2010
19. Assianments
Agenda Item No. 1603
March 23, 2010
Con~~~~&.v.010
19.1 The contractor shall not assign the rights and responsibilities under this Contract without
the prior written approval of the agency, which shall not be unreasonably withheld. Any
sublicense, assignment, or transfer otherwise occurring without prior written approval of
the agency will constitute a material breach of the contract.
19.2 The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its
rights, duties, or obligations under this contract to another governmental agency in the
State of Florida, upon giving prior written notice to the contractor. In the event the State of
Florida approves transfer of the contractor's obligations, the contractor remains
responsible for all work performed and all expenses incurred in connection with the
contract.
19.3 This contract shall remain binding upon the successors in interest of either the contractor
or the agency.
20. Subcontracts
20.1 The contractor is responsible for all work performed and for all commodities produced
pursuant to this contract, whether actually furnished by the contractor or its subcontractors.
Any subcontracts shall be evidenced by a written document and subject to any conditions
of approval the agency deems necessary. The contractor further agrees that the agency
shall not be liable for the subcontractor in any way or for any reason. The contractor, at its
expense, will defend the agency against any such claims.
20.2 The contractor shall promptly pay any subcontractors upon receipt of payment from the
agency or other state agency. Failure to make payments to any subcontractor in
accordance with s. 287.0585,F.S., unless otherwise stated in the contract between the
contractor and subcontractor, will result in a penalty as provided by statute.
21. IndeDendent CaDacitv of Contractor
It is the intent and understanding of the parties that the contractor, or any of its
subcontractors, are independent contractors and are not employees of the agency and
shall not hold themselves out as employees or agents of the agency without specific
authorization from the agency. It is the further intent and understanding of the parties that
the agency does not control the employment practices of the contractor and shall not be
liable for any wage and hour, employment discrimination, or other labor and employment
claims against the contractor of its subcontractors. All deductions for social security,
withholding taxes, income taxes, contributions to unemployment compensation funds and
all necessary insurance for the contractor shall be the sole responsibility of the contractor.
22. Payment
Payments will be made to the contractor pursuant to s. 215.422,F.S., as services are
rendered and invoiced by the contractor. The agency's Contract Manager will have final
approval of the invoice for payment, and will approve the invoice for payment only if the
contractor has met all terms and conditions of the contract, unless the bid specifications,
purchase order, or this contract specify otherwise. The approved invoice will be submitted
to the agency's finance section for budgetary approval and processing. Disputes arising
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Agenda Item No. 16D3
March 23, 2010
January 2010 Contr~lll~ W~10
over invoIcing and payments will be resolved in accordance with the provisions of s.
215.422F.S. A Vendor Ombudsman has been established within the Department of
Financial Services and may be contacted at (850) 413-5665.
23. Return of Funds
The contractor will return to the agency any overpayments due to unearned funds or funds
disallowed and any interest attributable to such funds pursuant to the terms and conditions
of this contract that were disbursed to the contractor by the agency. In the event that the
contractor or its independent auditor discovers that any overpayment has been made, the
contractor shall repay said overpayment immediately without prior notification from the
agency. In the event that the agency first discovers an overpayment has been made, the
Fiscal Department, on behalf of the agency, will notify the contractor by letter of such
findings. Should repayment not be made forthwith, the contractor will be charged at the
lawful rate of interest on the outstanding balance pursuant to s. 55.03,F.S. after agency
notification or contractor discovery.
24. Date Intearity and Safeauardina Information
The contractor shall insure an appropriate level of data security for the information the
contractor is collecting or using in the performance of this contract. An appropriate level of
security includes approving and tracking all contractor employees that request system or
information access and ensuring that user access has been removed from all terminated
employees. The contractor, among other requirements, must anticipate and prepare for
the loss of information processing capabilities. All data and software must be routinely
backed up to insure recovery from losses or outages of the computer system. The security
over the backed-up data is to be as stringent as the protection required of the primary
systems. The contractor shall insure all subcontractors maintain written procedures for
computer system back-up and recovery. The contractor shall complete and sign
ATTACHMENT IV prior to the execution of this contract.
25. Conflict of Interest
The contractor will establish safeguards to prohibit employees, board members,
management and subcontractors from using their positions for a purpose that constitutes
or presents the appearance of personal or organizational conflict of interest or personal
gain. No employee, officer or agent of the contractor or subcontractor shall participate in
selection, or in the award of an agreement supported by State or Federal funds if a conflict
of interest, real or apparent, should be involved. Such a conflict would arise when: 9a) the
employee, officer or agent; (b) any member of his/her immediate family; (c) his or her
partner, or; (d) an organization which employees, or is about to employ, any of the above,
has a financial or other interest in the firm selected for ward. The contractor or
subcontractor's offices, employees or agents will neither solicit nor accept gratuities, favors
or anything of monetary value from contractors, potential contractors, or parties to
subcontracts. The contractor's board members and management must disclose to the
agency any relationship which may be, or may be perceived to be, a conflict of interest
within thirty (30) calendar days of an individual's original appointment or placement in that
position, or if the individual is serving as an incumbent, within thirty (30) calendar days of
the commencement of this contract. The contractor's employees and subcontractors must
make the same disclosures described above to the contractor's board of directors.
Compliance with this provision will be monitored.
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26. Public Entity Crime
Pursuant to s. 287.133,F.S., the following restrictions are placed on the ability of persons
convicted of public entity crimes to transact business with the agency. A person or affiliate
who has been placed on the convicted vendor list following a conviction of a public entity
crime may not submit a bid, proposal, or reply on a contract to provide any goods and
services to a public entity, may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies on leases of real property to a public entity; may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017,F.S., the CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
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January 2010
27. Purchasina
27.1 To purchase articles which are the subject of or are required to carry out this contract from
Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under
Chapter 946,F.S., in the same manner and under the procedures set forth in subsections
946.515(2) and (4), F.S. For purposes of this contract, the contractor shall be deemed to
be substituted for the agency insofar as dealings with PRIDE. This clause is not applicable
to subcontractors unless otherwise required by law. An abbreviated list of
products/services available from PRIDE may be obtained by contacting PRIDE, (800) 643-
8459.
27.2 To procure any recycled products or materials, which are the subject of or are required to
carry out this contract, in accordance with the provisions of s. 403.7065and 287.045.F.S.
28. Patents. CODyriahts. Royalties
If any discovery, invention or copyrightable material is developed or produced in the
course of or as a result of work or services performed under this contract, the contractor
shall refer the discovery, invention or material to the agency to be referred to the
Department of State. Any and all patent right or copyrights accruing under this contract
are hereby reserved to the State of Florida in accordance with Chapter 286.F.S.
29. Emeraency PreDaredness and Continuity of ODerations
29.1 If the tasks to be performed pursuant to this contract, include the physical care and control
of clients, or the administration and coordination of services necessary for client health,
safety or welfare, the contract shall, within thirty (30) calendar days of the execution of this
contract, submit to the Contract Manager verification of an emergency preparedness plan.
In the event of an emergency, the contractor shall notify the agency of emergency
provisions.
29.2 In the event, a situation results in a cessation of services by a subcontractor, the contractor
will retain responsibility for performance under this contract and must follow procedures to
ensure continuity of operations without interruption.
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30. PUR 1000 Form
The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict
between the PUR 1000 Form and any terms or conditions of this contract the terms or
conditions of this contract shall take precedence over the PUR 1000 Form. However, if the
conflicting terms or conditions in the PUR 1000 Form are required by any section of the
Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take
precedence.
31. Use of State Funds to Purchase or Improve Real Property
Any state funds provided for the purchase of or improvements to real property are
contingent upon the contractor or political subdivision granting to the state a security
interest in the property at least to the amount of state funds provided for at least 5 years
from the date of purchase or the completion of the improvements or as further required by
law.
32. Dispute Resolution
Any dispute concerning performance of the contract shall be decided by the Contract
Manager, who shall reduce the decision to writing and serve a copy on the contractor.
33. No Waiver of Sovereian Immunity
Nothing contained in this agreement is intended to serve as a waiver of sovereign
immunity by any entity to which sovereign immunity may be applicable.
34. Venue
If any dispute arises out of this contract, the venue of such legal recourse will be Lee
County, Florida.
35. Entire Contract
This contract contains all the terms and conditions agreed upon by the parties. No oral
agreements or representations shall be valid or binding upon the agency or the contractor
unless expressly contained herein or by a written amendment to this contract signed by
both parties.
36. Force Majeure
Neither party shall be liable for any delays or failures in performance due to circumstances
beyond its control, provided the party experiencing the force majeure condition provides
immediate written notification to the other party and takes all reasonable efforts to cure the
condition.
37. Severability Clause
The parties agree that if a court of competent jurisdiction deems any term or condition
herein void or unenforceable, the other provisions are severable to that avoid provision
and shall remain in full force and effect.
38. Condition Precedent to Contract: Appropriations
The parties agree that the agency's performance and obligation to pay under this contract
is contingent upon an annual appropriation by the Legislature.
10
Agenda Item No. 1603
March 23, 2010
January 2010 ContRR3EO~elfa!l301O
39. Addition/Deletion
The parties agree that the agency reserves the right to add or to delete any of the services
required under this contract when deemed to be in the State's best interest and reduced to
a written amendment signed by both parties. The parties shall negotiate compensation for
any additional services added.
40. Waiver
The delay or failure by the agency to exercise or enforce any of its rights under this
contract shall not constitute or be deemed a waiver of the agency's right thereafter to
enforce those rights, nor shall any single or partial exercise of any such right preclude any
other or further exercise thereof or the exercise of any other right.
41. ComDliance
The contractor agrees to abide by all applicable current federal statutes, laws, rules and
regulations as well as applicable current State statutes, laws, rules and regulations. The
parties agree that failure of the contractor to abide by these laws shall be deemed an event
of default of the contractor, and subject the contact to immediate, unilateral cancellation of
the contract at the discretion of the agency.
42. Final Invoice
The contractor shall submit the final invoice for payment to the agency as specified in
Paragraph 3.3.4. (date for final request for payment) of ATTACHMENT I. If the contractor
fails to submit final request for payment by the deadline, then all rights to payment may be
forfeited and the agency may not honor any requests submitted after the aforesaid time
period. Any payment due under the terms of this contract may be withheld until all reports
due from the contractor and necessary adjustments thereto have been approved by the
agency.
43. Reneaotiations or Modifications
Modifications of the provisions of this contract shall be valid only when they have been
reduced to writing and duly signed by both parties. The rate of payment and the total
dollar amount may be adjusted retroactively to reflect price level increases and changes in
the rate of payment when these have been established through the appropriations process
and subsequently identified in the agency's operating budget.
44. Termination
44.1 This contract may be terminated by either party without cause upon no less than thirty (30)
calendar days notice in writing to the other party unless a sooner time is mutually agreed
upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited
delivery service that provides verification of delivery or by hand delivery to the Contract
Manager or the representative of the contractor responsible for administration of the
contract.
44.2 In the event funds for payment pursuant to this contract become unavailable, the agency
may terminate this contract upon no less than twenty-four (24) hours notice in writing to the
contractor. Said notice shall be delivered by U.S. Postal Service or any expedited delivery
service that provides verification of delivery or by hand delivery to the Contract Manager or
the representative of the contractor responsible for administration of the contract. The
11
Agenda Item No. 16D3
March 23, 2010
January 2010 Contl'lll!!ltOll6\cl!Oll3010
agency shall be the final authority as to the availability and adequacy of funds. In the
event of termination of this contract, the contractor will be compensated for any work
satisfactorily completed prior to the date of termination.
44.3 This contract may be terminated for cause upon no less than twenty-four (24) hours notice
in writing to the contractor. If applicable, the agency may employ the default provisions in
Rule 60A-1.006(3),FAC. Waiver of breach of any provisions of this contract shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification
of the terms and conditions of this contract. The provisions herein do not limit the agency's
or the contractor's rights to remedies at law or in equity.
44.4 Failure to have performed any contractual obligations with the agency in a manner
satisfactory to the agency will be a sufficient cause for termination. To be terminated as a
contractor under this provision, the contractor must have (1) previously failed to
satisfactorily perform in a contract with the agency, been notified by the agency of the
unsatisfactory performance and failed to correct the unsatisfactory performance to the
satisfaction of the agency; or (2) had a contract terminated by the agency for cause.
45. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
The recipient name, as shown on page 1 of this contract, Collier County Housing and Human Services Department
a. and mailing address of the official payee to whom the 3301 Tamiami Trail E. H!211, Naples, Florida 34112
payment shall be made is: 239-252-2273
Marcy Krumbine, Director
The name of the contact person and street address where Collier County Housing and Human Services Department
b. 3301 Tamiami Trail E. H/21 I, Naples, Florida 34112
financial and administrative records are maintained is: Naples, Florida 34104
239-252-2273
Marcy Krumbine, Director
The name, address, and telephone number of the Collier County Housing and Hmoan Services Department
c. representative of the recipient responsible for 3301 Tamiami Trail E H/21 I, Naples, Florida 34112
administration of the program under this contract is: Naples, Florida 34109
239-252-2273
The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc.
d. Requests for Payment and Receipt and Expenditure fonns 1520 IN. Cleveland Ave. Ste. I I 00
are to be mailed is: North Fort Myers, FL 33903
Leigh Wade-Schield, Executive Director
e. The name, address, and telephone number of the Contract Area Agency on Aging for Southwest Florida, Inc.
Manager for the Agency for this contract is: 15201 N. Cleveland Ave. Ste. 1100
North Fort Myers, FL 33903
Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in
writing to the other party and the notification attached to the originals of this contract.
46. All Terms and Conditions Included
This contract and its Attachments, I - X, A and B, and any exhibits referenced in said
attachments, together with any documents incorporated by reference, contain all the terms
and conditions agreed upon by the parties. There are no provisions, terms, conditions, or
12
Agenda Item No. 16D3
March 23, 2010
January 2010 ContrlilagEM.lI. aOBfD10
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 52 page contract, to be executed by
their undersigned officials as duly authorized.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred Coyle, Chairman
Date: March 23. 2010
Approved as to form and
legal sufficiency
AS~~
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA
By:
Naomi Manning, Board President
Date: December 31.2009
Federal Tax ID: 59-6000558
Fiscal Year Ending Date: 09/30
13
January 2010
Agenda Item No. 16D3
March 23, 2010
Cont~E)~~10
INDEX TO CONTRACT ATIACHMENTS
ATTACHMENT ATTACHMENT DESCRIPTION PAGE
ATIACHMENT I STATEMENT OF WORK 15-29
ATTACHMENT II CERTIFICATION REGARDING LOBBYING 30
ATTACHMENT III FINANCIAL COMPLIANCE AUDIT ATTACHMENT 31-36
ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE 37
ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 38
INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
ATTACHMENT VI ASSURANCES - NON-CONSTRUCTION PROGRAMS 39-40
ATTACHMENT VII OLDER AMERICANS ACT PROGRAM BUDGET SUMMARY 41
ATTACHMENT VIII OLDER AMERICANS ACT RATE SUMMARY FOR IIIB AND IIIE 42
ATTACHMENT IX OLDER AMERICANS ACT RATE SUMMARY FOR C1 AND C2 43
ATTACHMENT X INVOICE SCHEDULE 44
ATTACHMENT XI REQUEST FOR PAYMENT 45
ATTACHMENT X RECEIPTS AND EXPENDITURES 46-47
ATTACHMENT A DEPARTMENT OF ELDER AFFAIRS PROGRAMS & SERVICES 48
HANDBOOK (ON CD)
ATTACHMENT B DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE 49-52
CHECKLIST AND INSTRUCTIONS
14
January 2010
Agenda Item No. 16D3
March 23, 2010
Cont~()A\A. <2folti010
ATTACHMENT I
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
STATEMENT OF WORK
OLDER AMERICANS ACT PROGRAM TITLE III
SECTION I: SERVICES TO BE PROVIDED
1.1 DEFINITIONS OF TERMS AND ACRONYMS
1.1.1 CONTRACT ACRONYMS
ADL - Activities of Daily Living
APS - Adult Protective Services
AIRS -Alliance of Information & Referral Systems
ADA - Americans with Disabilities Act
AAA - Area Agency on Aging
APCL . Assessed Priority Consumer List
CIRTS - Client Information and Registration Tracking System
FLAIRS - Florida Alliance of Information and Referral Services
I&R - Information and Referral
IADL - Instrumental Activities of Daily Living
MOA - Memorandum of Agreement
MOU - Memorandum of Understanding
OAA - Older Americans Act
PSAs - Planning and Service Areas
WebDB - Web-based Database System
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 the
Section 306 (42 U.S.C. 3026)of the Older Americans Act and department instructions.
Area Plan Update: A revision to the area plan wherein the area agency on aging enters OAA
specific data in the web-based database system (WebDB). An update may also include other
revisions to the area plan as instructed by the. department.
Child: An individual who is not more than 18 years of age or an individual with disability.
Family Caregiver: An adult family member, or another individual, who is an informal provider
of in-home and community care to an older individual.
Frail: When an older individual is unable to perform at least two activities of daily living (ADL)
without substantial human assistance, including verbal reminding, physical cueing or
supervision; or due to cognitive or other mental impairment, requires substantial supervision
because the individual behaves in a manner that poses serious health or safety hazard to the
individual or to another individual.
15
Agenda Item No. 1603
March 23, 2010
January 2010 ContRH$~:AlAc2fOBj()10
Grandparent: A grandparent or step-grandparent of a child, or a relative of a child by blood,
marriage or adoption and who lives with the child; is the primary caregiver of the child because
the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of
the child; and has a legal relationship to the child such as legal custody or guardianship, or is
raising the child informally.
1.2 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
1.2.1 AGENCY MISSION STATEMENT
Mission: To help aging adults, 60 and older, achieve greater independence through
awareness of resources and access to qualified service providers.
Vision: To be the recognized leader in supporting older adults and their families with access to
trustworthy resources and services in their communities while empowering them to live with
independence and dignity.
Values: The Agency believes the residents of Southwest Florida are entitled to:
. Comprehensive information about their choices of care;
. Timely access to resources and services;
. High standards of quality and performance;
. Personal and professional accountability from all stakeholders.
Lead agencies and local service providers as partners and stakeholders in Florida's aging
services network are expected to support the agency's mission, vision, and priorities.
1.2.2 Older Americans Act Program Mission Statement.
The Older Americans Act (OM) Program is a federal program initiative that provides
assistance to older persons and caregivers and is the only federal supportive services program
directed solely toward improving the lives of older people. The program provides a framework
for a partnership among the different levels of government and the public and private sectors
with a common objective, improving the quality of life for all older individuals by helping them to
remain independent and productive.
1.3 GENERAL DESCRIPTION
1.3.1 General Statement
The primary purpose of the OM program is to foster the development and implementation of
comprehensive and coordinated systems to serve older individuals. The OM program uses
these systems to assist older individuals to attain and maintain maximum independence and
dignity in a home environment and allows for the capability of self-care with appropriate
supportive services.
1.3.2. Authority
The relevant references authority governing the OM program are:
(1) Older Americans Act of 2006, as amended;
(2) Rule 58A-1, Florida Administrative Code; and
(3) Section 430.101, Florida Statutes.
16
Agenda Item No. 1603
March 23, 2010
January 2010 Cont~~QlOll3()lO
1.3.3. Scope of Service
The contractor is responsible for the programmatic, fiscal, and operational management of the
Title IIIB, Title IIIC1, Title IIIC2 and Title IIIE programs of the Older Americans Act within its
designated Planning and Service Area (PSA). The scope of service includes planning,
coordinating and assessing the needs of older persons, and assuring the availability and
quality of services. The services shall be provided in a manner consistent with and described
contractor's 2008-2010 Request for Proposal, the Agency's Area Plan Update and the current
Department of Elder Affairs Programs and services Handbook (ATTACHMENT A).
1.3.4 Major Program Goals
The major goals of the OM program are to improve the quality of life for older individuals,
preserve their independence and prevent or delay more costly institutional care. These goals
are achieved through the implementation or a comprehensive and coordinated service system
that provides a continuum of service alternatives that met the diverse needs of elders and their
caregivers.
1.4 INDIVIDUALS TO BE SERVED
1.4.1 Eligibility (Title III Programs)
1.4.1.1 OM Title III, General
Consumers shall not be dually enrolled in an OM program and a Medicaid capitated long-term
care program.
1.4.1.2
(1 )
(2)
age.
OM Title IIIB, Supportive Services
Individuals age 60 or older; and
Information and Referral/Assistance services are provided to individual regardless of
1.4.1.3 OM Titles IIIC1 and C2, Nutrition Services, General
General factors that should be considered in establishing priority for Nutrition Services, both
C1 and C2, include those older persons who:
(1) Cannot afford to eat adequately;
(2) Lack the skills or knowledge to select and prepare nourishing and well-balanced meals;
(3) Have limited mobility which may impair their capacity to shop and cook for themselves;
or
(4) Have a disabling illness or physical condition requiring nutritional support or have been
screened at a high nutritional risk.
1.4.1.3.1 OM Title IIIC1, Congregate Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed in
ATTACHMENT I, Paragraph 1.4.1.3, individuals must be mobile, not homebound and
physically, mentally and medically able to attend a congregate nutrition program. Individuals
eligible to receive congregate meals include:
(1) Individuals age 60 or older; and
(2) Any spouse (regardless of age) who attends the dining center with his/her eligible
spouse;
17
January 2010
(3)
(4)
(5)
Agenda Item No. 16D3
March 23, 2010
ContrlHllJ~clfOIl3010
Persons with a disability, regardless of age, who reside in a housing facility occupied
primarily by older individuals where congregate nutrition services are provided;
Disabled persons who reside at home with and accompany an eligible person to the
dining center; and
Volunteers, regardless of age, who provide essential services on a regular basis during
meal hours.
1.4.1.3.2 OAA Title IIIC2, Home Delivered Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed in
ATTACHMENT I, Paragraph 1.4.1.3., individuals must be homebound and physically,
mentally or medically unable to attend a congregate nutrition program. Individuals eligible to
receive home delivered meals include:
1.4.1.4
(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 person at home;
(3) Individuals with disabilities, regardless of age, who reside at home with eligible
individuals and are dependent on them for care; and
(4) Persons at nutritional risk who have physical, emotional or behavioral conditions, which
would make their presence at the congregate site inappropriate; and persons at
nutritional risk who are socially or otherwise isolated and unable to attend a congregate
nutrition site.
OAA Title IIIE, Caregiver Support Services
(1)
(2)
(3)
Family caregivers of individuals age 60 or older;
Grandparents (age 55 or older) or older individuals (age 55 or older) who are relative
caregivers;
Priority will be given to family caregivers who provide care for individuals with
Alzheimer's disease and related disorders with neurological and organic brain
dysfunction and for grandparents or older individuals who are relative caregivers who
provide care for children with severe disabilities; and
For respite and supplemental services, a family caregiver must be providing care for an
older individual who meets the definition of the term "frail" in OAA, Section 102
Paragraph 22.
(4)
1.4.2 Targeted Groups
Preference shall be given to those with the greatest economic and social need, with particular
attention to low-income older individuals, including those that are low-income minorities, have
limited English proficiency, and older individuals residing in rural areas.
SECTION II - MANNER OF SERVICE PROVISION
2.1 SERVICE TASKS
In order to achieve the goals of the OAA program, the contractor shall ensure the following
tasks are performed:
18
January 2010
(1)
(2)
(3)
(4)
(5)
(6)
Agenda Item No. 1603
March 23, 2010
ContP.ftal~ctcMio10
Client eligibility determination;
Targeting and screening of service delivery for new clients;
Delivery of services to eligible clients;
Use of volunteers to expand the provision of available services;
Monitoring the performance of its contractors; and
Information and Referral/Assistance Access Services (Elder Helplines).
2.1.1 Client Eligibility Determination as listed in ATTACHMENT I, Paragraph 1.4.
2.1.2 Targeting and Screening of Service Delivery for New Clients
The contractor shall develop and implement policies and procedures consistent with OM
targeting and screening criteria.
2.1.3 Delivery of Services to Eligible Clients
The contractor shall provide a continuum of services that meets the diverse needs of elders
and their caregivers. The contractor shall perform and report performance of the following
services in accordance with ATTACHMENT A. The services funded pursuant to this contract
are in accordance with the OM, Title III, sections 321, 331, 336, 361 and 373 as follows:
(1) Section 321, Title IIIB Supportive Services;
(2) Section 331, Title II1C1 Congregate Nutrition Services;
(3) Section 336, Title II1C2 Home Delivered Nutrition Services;
(4) Section 373, Title IIIE Caregiver Support Services; and
(5) Sections 321 and 373 - Information and Referral/Assistance Access Services (Elder
Helplines).
'Z.1.3.1. Supportive Services
Supportive services include a variety of community-based and home-delivered services that
support the quality of life for older individuals by helping them remain independent and
productive. Services include the following:
(1) Adult Day Care/Adult Day Health Care; (13) Housing Improvement;
(2) Caregiver Training/Support; (14) Information;
(3) Case Aid/Case Management (15) Intake;
(4) Chore Services; (16) I nterpreterrrranslati ng;
(5) Companionship; (17) Legal Assistance;
(6) Counseling (Gerontological and Mental (18) Material Aid;
Heath);
(7) Educationrrraining; (19) Occupational Therapy;
(8) Emergency Alert Response; (20) Outreach;
(9) Escort; (21) Personal Care;
(10) Health Support; (22) Physical Therapy;
(11) Home Health Aid; (23) Recreation;
(12) Homemaker; (24) Referral/Assistance
(25) Respite Services (29) Specialized Medical Equipment;
Services and Supplies;
(26) Screening/Assessment; (30) Speech Therapy;
(27) Shopping Assistance; (31) Telephone Reassurance; and
(28) Skilled Nursing; (32) Transportation.
19
January 2010
Agenda Item No. 1603
March 23, 2010
ContFlHl!l()~~lO
2.1.3.2.1. Congregate Nutrition Services
Nutrition services are provided in congregate settings and are designed to reduce hunger and
food insecurity, promote socialization and the health and well being of older individuals by
assisting them to gain access to nutrition and other disease prevention and health promotion
services. Services include:
(1) Congregate meals;
(2) Congregate meals screening;
(3) Nutrition education and nutrition counseling; and
(4) Outreach
2.1.3.2.2 Home Delivered Nutrition Services
In-home nutrition services are provided to reduce hunger and food insecurity; promote
socialization and the health and well being of older individuals by assisting such individuals to
gain access to nutrition and other disease prevention and health promotion services. Services
include:
(1) Home delivered meals;
(2) Nutrition education and counseling; and
(3) Outreach.
2.1.3.4 Caregiver Support Services Program
The Caregiver Support Services Program components are designated in the Client Information
and Registration Tracking System (CIRTS) as follows:
(1) Caregiver Support Services (1I1E Program);
(2) Caregiver Supplemental Services (illES Program); and
(3) Grandparent Support Services (IIIEG Program).
2.1.3.5 Caregiver Support Services (IIIE Program:
The following services are intended to provide direct help to caregivers, assist in the areas of
health, nutrition and financial literacy and assist caregivers in making decisions and problem
solving related to their caregiving roles and responsibilities:
(1)
(2)
(3)
(4)
(5)
(6)
Adult Day Care/Adult Day Health Care;
Caregiver Training/Support;
Counseling (Gerontological and Mental Health);
EducationfTraining;
Financial Risk Reduction (Assessment and
Maintenance);
Information;
(7) Intake;
(8) Outreach;
(9) Referral/Assistance;
(10) Respite Services;
(11) Screening/Assessment; and
(12) Transportation.
2.1.3.6 Caregiver Support Supplemental Services (illES Program): At least 10 percent, but
no more than 20 percent, of the total Title IIIE funds shall be used to provide supplemental
support services. The following services are provided to complement the care provided by
caregivers.
20
January 2010
(1 )
(2)
(3)
(4)
(5)
Chore Services;
Housing Improvement;
Legal Assistance;
Material Aid; and
Specialized Medical Equipment, Services and Supplies.
Agenda Item No. 1603
March 23, 2010
ContFlHl1iEO>>.c!OIl3010
2.1.3.7 Caregiver Support Grandparent Services (IIIEG Program): At least 5 percent, but
no more than 10 percent, of the total Title IIIE funds shall be used to provide support services
to grandparents and older individuals who are relative caregivers. Services for grandparents
or older individuals who are relative caregivers designed to help meet their caregiving
obligations include:
(1 )
(2)
(3)
(4)
(5)
(6)
Caregiver Training/Support;
Child Day Care;
Counseling (Gerontological and Mental Health);
Educationrrraining;
Information
Legal Assistance;
(7) Outreach;
(8) Referral/Assistance;
(9) Screening/Assessment;
(10) Sitter; and
(11) Transportation.
2.1.4 Monitoring and Performance of Subcontractors
The contractor shall conduct at least one monitoring per year of each subcontractor. The
contractor shall perform fiscal, administrative and programmatic monitoring of each
subcontractor to ensure contractual compliance, fiscal accountability, programmatic
performance, and compliance with applicable state and federal laws and regulations.
2.1.4.1 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 agency's 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 Paragraph 21
of the Standard Agreement, the agency will not be responsible or liable for any obligations or
claims resulting from such action.
2.2 SERVICE LOCATION AND EQUIPMENT
2.2.1 Service Times
The contractor shall ensure the provision of the services listed in the contract during normal
business hours unless other times are more appropriate to meet the performance
requirements of the contract, and it shall monitor its subcontractors to ensure they are
available to provide services during hours responsive to client needs and during those times
which best meet the needs of the relevant service community.
21
January 2010
2.3 Equipment
Agenda Item No. 1603
March 23, 2010
ContFm~~10
2.3.1 Equipment means: (a) an article of nonexpendable, tangible personal property having a useful
life of more than one year and an acquisition cost which equals or exceeds the lesser of the
capitalization level established by the organization for the financial statement purposes, or
$5,000.00 [for federal funds], or (b); nonexpendable, tangible personal property of a
nonconsumable nature with an acquisition cost of 1,000.00 or more per unit, the expected
useful life of a least one year; and hardback bound books not circulated to students or the
general public, with a value or cost of $250.00 or more [for state funds].
2.3.2 Contractors and sub-contractors who are Institutions of Higher Education, Hospitals, and Other
Non-Profit Organizations shall have written property management standards in compliance
with 2 CFR Part 215 Administrative Requirements (formerly OMS Circular A-110) that include:
(a) a property list with all the elements identified in the circular; and, (b) a procedure for
conducting a physical inventory of equipment at least once every two years. The property
records must be maintained on file and shall be provided to the agency upon request.
2.3.3 The contractor's property management standards for equipment acquired with Federal funds
and federally-owned equipment shall include accurately maintained equipment records with
the following information:
(1) A description of the equipment;
(2) Manufacturer's serial number, model number, Federal stock number, national stock
number, or other identification number;
(3) Source of the equipment, including the award number;
(4) Whether title vests in the contractor or the Federal Government;
(5) Acquisition date (or date received, if the equipment was furnished by the Federal
Government) and cost;
(6) Information from which one can calculate the percentage of federal participation in the
cost of the equipment (not applicable to equipment furnished by the Federal
Government);
(7) Location and condition of the equipment and the date the information was reported;
(8) Unit acquisition cost; and
(9) Ultimate disposition data, including date of disposal and sales price or the method used
to determine current fair market value where a contractor compensates the Federal
awarding agency for its share.
2.3.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and
equipment purchased with state funds with an acquisition cost over $1,000.00 that is
specifically identified in the area plan approved by the department is part of the cost of carrying
out the activities and functions of the grant awards and Title (ownership) will vest in the
contractor, subject to the conditions of 2 CFR Part 215 Administrative Requirements (formerly
OMS Circular A-11 0), Subpar C, Paragraph 34. Equipment purchased under these thresholds
is considered supplies and is not subject to property standards. Equipment purchased with
funds identified in the budget attachments to agreements covered by this contract, or identified
in the sub-agreements with sub-contractors (not included in a cost methodology), is subject to
the conditions of section 273,F.S. and 60A-1.0017,FAC. or Title 45 CFR Part 74.
22
January 2010
Agenda Item No. 1603
March 23. 2010
CorftP.ltft 6~f 2'W3.01O
15201 N Cleveland Avenue Ste. 1100
North Fort Myers, FL 33903
Additi.onally, copies of financial rep?rting packages required by Part" of this agreement shall be
submitted by or on behalf of the provider directly to each of the following:
The Area Agency on Aging of Southwest Florida, Inc. at each of the following addresses:
Leigh Wade-Schield, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
15201 N Cleveland Avenue Ste. 1100
North Fort Myers, FL 33903
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the Area Agency on
Aging for Southwest Florida, Inc. pursuant to this agreement shall be submitted timely in accordance
with OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
Providers, when submitting financial reporting packages to the Area Agency on Aging for Southwest
rlorida, Inc. for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the provider in correspondence
accompanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of six years from the date the audit report is issued, and shall allow the Area
Agency on Aging for Southwest Florida, Inc. or its designee, the Director of Finance access to such
records upon request. The provider shall ensure that audit working papers are made available to the
Area Agency on Aging for Southwest Florida, Inc. or its designee, Director of Finance upon request
for a period of six years from the date the audit report is issued, unless extended in writing by the
Area Agency on Aging for Southwest Florida, Inc.
34
January 2010
Agenda Item No. 16D3
March 23, 2010
Contlf~~d:Y.olO
ATTACHMENTlli
EXHmIT-l
I. FEDERAL RESOURCES A WARDED TO THE SUBREClPIENT PURSUANT TO THIS
CONSIST OF THE FOLLOWING:
COLLIER COUNTY
.e
u.s. Health and Human 93.044
Services $ 35,000.00
$ 70,000.00
$ 253 654.00
$358,654.00
2010 U.S. Health and Human 93.045
Services $205,879.00
2010 U.S. Health and Human 93.045
Services $312,251.00
2010 U.S. Health and Human 93.052 $45,513.00
Services $ 18,489.00
$ 2015.00
$66,017.00
.-'."."'- ....-". '~:"",-:-*("':7 ~~~'
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES A WARDED PURSUANT
TO TillS AGREEMENT ARE AS FOLLOWS:
35
January 2010
Agenda Item No. 16D3
March 23, 2010
Con~~olO
ATTACHMENT ill
EXHIBIT -2
PART I: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources mayor may not he 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 I 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 ofOMB Circular A-133 and/or Rule 691-5.066, FAC, provider has been determined to be:
_Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S.
_X_Recipient/subrecipient subject to OMB Circular A-133 and/or Section 25.97, F.S.
NOTE: If a provider is determined to 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.8., and Rule 691-.006(2), F AC [state rmancial assistance] and
Section_AOO 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 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)'
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 230 Cost Principles for Non-Profit Organizations (Formerly OMB Circular A-22-Cost Principles)'
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-II 0 - Adminisrative Requirements)
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 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21-Cost Principles)'
2 CFR 215Administrative Requirements (Formerly OMB Circular A-IIO-Administrative Requirements)
OMB Circular A-133 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations.
'Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular
A-133 Compliance Supplement, Appendix 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 619-5, Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State expenditures
Other fiscal requirements set forth in program laws, rules and regulations.
36
January Z010
Agenda Item No. 1603
March 23. 2010
Corit~jd 89Jfz'lf3.010
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR AGREEMENTS, GRANTS, LAND AND
COOPERATIVE AGREEMENTS
ATTACHMENT IV
The undersigned, an authorized representative ofthe recipient named in the contract or agreement to which this form is an
attachment, hereby certifies that:
(I) The recipient and any sub-contractors of services under this contract have financial management systems capable
of providing certain information, including: (I) accurate, current, and complete disclosure of the fmancial results
of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source
and application of funds for all agreement supported activities; and 93) the comparison of outlays with budgeted
amounts for each award. The inabiiity to process information in accordance with these requirements could result
in a return of grand funds that have not been accounted for properly.
(2) Management Information Systems used by the recipient, sub-contractor(s) or any outside entity on which the
recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to
be capable of processing data accurately, including year-date dependent data. For those systems identified to be
non-compliant, recipient(s) will take immediate action to assure data integrity.
(3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology,
the undersigned warrants that these products are capable of processing year-date dependent data accurately. All
versions of these products offered by the recipient (represented by the undersigned) and purchased by the State
will be verified for accuracy and integrity of data prior to transfer.
In the event of any decrease in functionality related to time and date related codes and internal subroutines that
impede the hardware or software programs from operating properly, the recipient agrees to immediately make
required corrections to restore hardware and software programs to the same level of functionality as warranted
herein. at no charge to the Stale, and without interruption to the ongoing business of the state, time being of the
essence.
(4) The recipient and any sub-contractor( s) of services under this contract warrant their policies and procedures
include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies
arising from data integrity compliance issues.
The recipient shall require that the language of this certification be included in all subagreements, subgrants, and other
agreements and that all sub-contractors shall certity compliance accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this ccrtification is a prerequisite for making or entering into this transaction imposed by
OMB Circulars A-I 02 and 2 CFR Part 215 (fornlerly OMB Circular A-II 0).
Collier Countv Board of Commissioners, 3301 Tamiami Trail E. Naples. FL 34112
Name and Address of Recipient
Signature
Chairman
Title
March 23. 2010
Date
Fred Covle. Chairman
Name of Authorized Signer & I I iii.
Approved as to form ega su Clency
r~~Ot2.tAArtJ()~
Colleen Greene,
Assistant County Attorney
37
ATTEST:
DWIGHT E. BROCK, Clerk
By:
--.2.
3.
4.
5.
6.
7.
Agenda Item No. 16D3
March 23, 2010
Conf?I~AJ~~lOlO
AITACHMENTV
CERTIFICATION REGARDING DEPARTMENT, SUSPENSION, INELIGmlLITY AND
VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS
January 2010
(I) The prospective contractor certifies, by signing this certification, neither it nor its principals are presently debated,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency.
(2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this certification.
March 23. 20]0
Date
Signature
Fred Covle. Chairman
NamerritIe
(Certification signature should be same as Contract signature.)
Collier County Board of Commissioners
Agency/Organization
Instructions for Certification
I.
The terms (covered transaction," "debarred," "suspended,H ~'ineligible," "lower tier covered transaction,"
"Person," "Primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in
the sections of rules implementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 2 CFR
376.10-376,995). You may contact the Contract Manager for assistance in obtaining a copy ofthose regulations.
This certification is a material representation of facts upon which reliance was placed when the parties entered
into this transaction. If it is later determined that the recipient knowingly rendered an erroneous certification, in
addition to other remedies available to the federal government the Agency may pursue available remedies,
including suspension and/or debarment
The recipient will provide immediate written notice to the Contract Manager if at any time the recipient learns that
its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
The recipient may decide the method and frequency by which it determines the eligibility of its principals. Each
participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System
(EPLS).
The recipient will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion 'Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for
lower tier covered transactions.
The recipient agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise
authorized by the federal government
If the recipient knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the federal government, the Agency may pursue available remedies, including suspension, and/or debarment
The recipient may rely upon a certification of a prospective participant in a lower tier covered transaction that it is
not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the
~~a.~sufficjency
e.~~
Colleen Gfeene,
Assistant County Attorney
38
ATTEST:
DWIGHT E. BROCK. Clerk
By:
January 2010
Agenda Item No. 16D3
March 23, 2010
ConP~~FaAA>2~~.010
ATTACHMENT VI
ASSURANCES-NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the
collection of information. Send comments regarding the burden estimate or any other s~aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and Budget. PapelWork Reduction Project (0348-0043),
Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET,
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact
the awarding agency. Furtber, certain Federal awarding agencics may require applicants to certify to additional
assurances. If such is the case, you will be notified.
1. Has the legal authority to apply for Federal assistance. and the institutional, managerial and fmancial capability (including
funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of the
project described in this applications.
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any
authorized representative, access to and the right to examine all records, books, papers, or documents related to the award;
and will establish a proper accounting system in accordance with generally accepted accounting standards or agency
directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 USe.. 4728-4763) relating to prescribed standards for
merit systems for programs funded under one of the 19 statutes or regulatiuns specified in Appendix A ofOPM's Standards
for a Merit System of Personnel Administration (5 e.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (P.L 88-352) which prohibits discrimination on thc basis of race, color or national origin; (b) Title
IX of the Education Amendments of 1972, as amended (20 U.S.C, 1681-1683 and 1685-1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.G. 794), which
prohibits discrimination on the basis of handicaps: (d) the Age Discrimination Act of 1975, as amended (42 U.S.G., 6101-
6107) which prohibits discrimination on the basis of age; (c) the Drug Abuse Office and Treatment Act of 1972 (p.L 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; (I) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616). as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health service Act of ]912 (42 U.S.G., 290 dd-3
and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIlI of the Civil
Rights Act of 1968 (42 USe., 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the speCific statute(s) undcr which application for Federal assistance is
being made; and U) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (PL. 91-646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.e., 1501-1508 and 7324-7328), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
39
January 2010
Agenda Item No. 1603
March 23, 2010
Con~~010
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.G., 276a to 276a-7), the Copeland Act (40
U.S.C. 276c and 18 U.S.C., 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C., 327-333), regarding
labor standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of section 102(a) of the Flood Disaster Projection Act
of 1973 (p.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more.
II. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (p.L. 91-190) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to EO 1738 (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.); (I) conformity of Federal actions of State (Clear Air) Implementation Plans under Section I 76(c) or the Clear Air Act
of 1955, as amended (42 U.S.G. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (PL. 93-523); and (h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (PL. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.G. 1721 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,
as amended (16 U.S.G. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.G. 469a-1 et seq).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related
activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..213 I et seq.) pertaining to
the care, handling, and treatment of wann blooded animals held for research, teaching, or other activities supported by this
award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.G.. 4801 et seq.), which prohibits the use of lead-
based paint in construction or rehabilitation of residence structures.
17. Will cause to be perfOlwed the required financial and compliance audits in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing
this program.
$IGNAnJRE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
CHAIRMAN
FRED COYLE
APPLICANT ORGANIZATION DATE SUBMITTED
COLLIER COUNTY BOARD OF COMMISSIONERS March 23, 2010
3301 TAMIAMI TRAIL E
NAPLES, FL 34112
Approved as to form & IegaJ sufficiency
C@CJo~1!!.~
Colleen G ,
Assistant County Attorney
40
ATTEST:
DWIGHT E. BROCK. Clerk
By:
January 2010
OAABUDGETSUMMARY
RECIPIENT: Collier County Board of Commissioners
]. Title III B Support Services
2. Title III Cl Congregate Meals
$ 358,654.00
3. Title III C2 Home Delivered Meals $ 312,251.00
$ 205,879.00
4. Title III E Services
TOTAL
41
$ 66,017.00
$942,801.00
Agenda Item No. 16D3
March 23, 2010
Con1!i'~d3i.olO
ATTACHMENT VII
RATE SUMMARY
IIIB & IIIE
RECIPIENT: COLLIER COUNTY HOUSING AND HUMAN SERVICES
Agenda Item No. 1603
March 23, 2010
Conf~ aU~~~.010
ATTACHMENT vm
January 2010
Services
Total Cost
Reimbursement Rate
IIIB
Case Aide $27.78 $25.00
Case Management $50.00 $45.00
Intake $27.78 $25.00
Screening! Assessment $50.00 $45.00
Transportation 100% Cost 90% of Cost
$58.89
$11.12
$50.00
$53.00
$10.00
$45.00
42
OLDER AMERICANS ACT PROGRAM
Agenda Item No. 1603
March 23, 2010
Cone~~~010
A TT ACHMENT IX
January 2010
RATE SUMMARY
C-t & C-2
RECIPIENT: COLLIER COUNTY HOUSING AND HUMAN SERVICES
Services
Total Cost
Reimbursement Rate
C-t
Congregate Meals $9.86 $8.87
Nutrition Counseling $58.89 $53.00
Nutrition Education $1.80 $1.62
Nutrition Screening $31.12 $28.00
Outreach $4.80 per person $4.3 2 per person
C-2
Home Delivered Meals $9.87 $8.88
Nutrition Counseling $58.89 $53.00
Nutrition Education $1.80 $1.62
Nutrition Screening $50.00 $45.00
Outreach $4.80 per person $4.3 2 per person
43
January 2010
Agenda Item No. 1603
March 23, 2010
conli'~eMf~.OlO
ATTACHMENT X
INVOICE SCHEDULE
REPORT BASED ON SUBMIT TO THE AGENCY
ON THIS DATE
1 January Advance> January 1
2 February Advance> January 1
3 January Expenditure Report February 10
4 February Expenditure Report March 10
5 March Expenditure Report April 10
6 April Expenditure Report May 10
7 May Expenditure Report June 10
8 June Expenditure Report July 10
9 July Expenditure Report August 10
10 August Expenditure Report September 10
11 September Expenditure Report October 10
12 October Expenditure Report" November 10
13 November Expenditure Report December 10
14 December Expenditure Report January 10
15 Final Expenditure and Request for Payment Report February 15
16 Closeout Report March 1
Legend >Advance based on projected cash need.
"Recoupment of advance due with this report.
Note #1
Report #1 for Advance Basis Agreements cannot be submitted to the Agency prior to January 1 or until
the agreement with the Agency has been executed and a copy sent to the DOEA.
Actual submission of the vouchers to the Agency is dependent on the accuracy of the expenditure report.
Note #2
All advance payments made to the contractor shall be returned to the Agency by the submission date of
report #12. The adjustment shall be recorded in Part C, 1 of the report (ATTACHMENT XI)
Note #3
Submission of expenditure report mayor may not generate a payment request. If final expenditure report
reflects funds due back to the Agency, payment is to accompany the report.
44
January 2010
R:EQUEST FOR PAYMENT
OLDER AMERICANS ACT
AAOIIIDM -'A!lOMU.PHONl!.IoNDfEDIO NUloIlIeR TYPE~REP~ 'tli18REQUliSTP&RlOO:
,""'.
AM__ RlIl/1'bl11M1Mlll..-- ~"".mll,
A;fMIolIlllPal1DCt.
PSA:
CERTFICATlON: l,*,byClI1lfyIoIh'",lol""llnlMtMee""'W.~ CDI'Ir_wIlh"'*""ntMp_Ntforllllllll,.__"1MfII:
-" D.l1t: -" 0,1. -
PART'" (0' '" ", ,., ,.
IlJOGEt 8UMMMY ." .., IIICI m'"IE TQTAL
,.-
~""-'l ... '.00 .... MO '.00
2.f'nIl4_Fu.....
RECElVEOfllr
"llf..."'~l'.""". .~ '.00 '.00 '.00 ...
3.Ao'_nl8allll~ .... '.00 .... .... '00
~."'-vlalI.Ful\elll
IU!QUI!STEOlar
""...mtnlpeorlocl. .... '.00 .... ... ....
.........,.
..- '00 ... .... .... ...
PAItT8:
FUNDS REQUESTED
1.'-HnG'_
R..,ut~1 '.00 '00 '.00 .... '.00
2.'ftoIElplndIUu
'd.' '.00 '.00 .... '00 '.00
3.AddlIonll1
CubN-..b(A,bd\D<rcl.) .... ... .... '.00 '.00
..TolIl '.00 '00 ... 0.00 '00
P""TC:
NET FUNDS REQUESTED;
1.leu:o..r~nOll .... .... '00 ... .00
2. AgrumoontFunds...
I-IaMIy~F." '.00 .... ... ... ....
4S
Agenda Item No. 1603
March 23, 2010
Con#~qt%'.olO
ATTACHMENT XI
January 2010
Agenda Item No. 1603
March 23, 2010
CoritP<it18iJJf2~~.010
ATTACHMENT XII
REC!II'TI AND E!XPENDITURi REPORT
O1.DIR AMl!AlCANI ACT
PROVIDER NAME, ADDRESS, t'HONI::.ANO FEI'" PqqItlFUIIII~SoIlrce; THIS REPORT PERIOD
FROM: T<>.
1118_ 11101_
CONTRACT
11lC2_ PERIOD:
CONTRACT ##
REPORT ..
PW
CERTIFICATION; I certify 10 Itw bNlofrny lu10wtedge elld bellelltlallhll report laeomplete nd.U ouU.Y' h.-In ....forpurpo_ "lforth
Inlhtconl...ct
p..~redby: 0..1&:_ Approved by: .,." -
PART A; BUOGETeO INc::oMeI RECeIPTS I.Ap~ 2.Ac:lu.l~ 3.TcUIRecIIpI. 4.Pwt:entrA
SWIIII ForThlaReport Y..,tco.. .........,-
1. FedlllllFuncll 10" $0,00 '(1.00 -"
2. State Fun. 10.00 10.00 '0.00 -"
a PtagIwn Income 10.00 10.00 '0.00 -"
4. I.oceJ Cnh Mal.ch Ieee., HCE.1'I(f Olher) 10" 10" $0,00 -"
15. SUBTOTAl: CASH RECEIPTS $0.00 $0.00 10.00 -"
e,Locelln~M.k:h $0.00 $0.00 $0.00 -"
1. TOTAl. RECEIPTS 10.00 $0,00 $0.00 -"
PART B: EXf'ENOITURES ,.- 2. Expmdlllnl 3. ExpenO'llIIre1 4. P8n:en1 01
Bl1ll11e\ For Th. Repcri Velr 10 Dale Ap,llftlV8d8udgll
1.MII,II/MNl"",""",,1Q 10.00 10.00 10.00 -"
2. Service Suboonlt.dor 10.00 10.00 10" -"
3.0lhtr 10.00 10.00 10.00 -"
4.lndirwcteo.t $0.00 10.00 $0.00 -"
6. TOTAl. EXPENDITURES $0.00 $0.00 10.00 - .
PART C : OTHER EXPENDITURES
(For TllIcklng PurpoIMonlyj
1.MIItch $0.00 '(1.00
..0000rMdIn.-Kind $0.00 -"
b.LocalMltd1 $0.00 $0.00 10.00 -"
2.USOAC.tt\~ 10.00 $0.00 $0.00 -"
3.. TOTAl OTHER $0.00 $0.00 1000 -"
PART 0; OTHEH: REVEHUE AND EXPENOtruRES 2. Add~i,," Co.I AStlm.lIw Progrem Intlome 3. Inkwut
f. Prow-m lneome (PI) 8.~6urJget$ 8.ElmedonGRMv8ncee$_
9. OM Utlbudg.llId PI Rea,lptt TIO
b.Rec&IvecIYTO . b.RetumorGRAd'wnOll '-
.
c.Expendlt\lrel . c.OlherEeml!ld .
DOEA FORM 105ll. relllMd 11109
46
January 2010
RllCEIPTS AND EXPENDITURE REPORT
OlDERAMERlCAN ACT
PROVIDeR NAME, ADDRESS, PHONE*, AND FElDt' PlOgtamFundlrlQSouI1llI: F:::EPORT peRl~O'
CONTRACT
TlftelllE._ PERIOD:
CONTRACT ff.
OW'ORT .
"''''
CERTIFlCA.T1ON : I tlertIly 10 U. bettof my knowledpD.1Id be/lIIrlhat Ihk IllpOJt IacomplMlIncllU oun.,-. twftl.,. ff'Jr /M'POt" Mllorth
InlMDDnlIIICl.
Pn:Il*'ldby: 0118:_ ""PlVtedby: OlIte:_
PART A : 8lOGETED INCOME! RECEIPTS t,Approved 2.Aclu.I~ a.ToIel~_lplt <C.Percentof
.,.... ForThlaRepot1 VNrklOlte Appnwed BlIdgtt
1. FfId.,.,FI,I!1dI '''' SO.oo SO.OO _%
2. StN Fvnds $0,00 SO.OO $0,00 _%
3.PfagtwmI~ SO.OO $0.00 00.00 _%
.,LOC*ICMht.<llldl $0.00 SO.OO SO.OO _%
6, SUBTOTAL: CASH RECEIPTS SMa 00.00 $0.00 _%
.Lcalll'l-KIndMatctl $0,00 00.00 00.00 - %
7. TOTAL RECEIPTS $0.00 SO.OO $0.00 - %
PART B : EXPENDtnlRES I.Approv.d 2._ 3.EllpImdlll/nle 4.Pereefllof
Bud;1ll FCN''1l1ItReport VetrloCete AppftWlldBudlJlll
A.:Ol~S.l'lIicet
1.P<<'tonnel 00.00 $000 0000 _%
2.1_1 SO.oo $0.00 $000 - %
3.Bl,IllclingSIMle8 00.00 $0.00 $0.00 - %
<t. Communl~ClJ'I/U~lllIN $0.00 $0.00 $0.00 - %
6.Pr1nUI'lQ/SuppllM $0.00 SO... $0.00 %
..- $0.00 $000 $0.00 ==%
7.01hlll" ..00 SO.oo $0.00 - %
B : AgtMment ServlOlII
a.Servlc:etlSuboonlnlctelf SO.OO $0.00 $0.00 - %
II. TOTAl EXPENCrTURES $0.00 $0.00 $0.00 -_%
10. DECUCTlONS
._T0t8ILocalMatdl 10.00 $000 $0.00 - .
b.P~IllIIlOOlNUMl! $0.00 SO.OO "00 - .
C. TOTAL DEDUCTIONS $0,00 So.oO SO." - %
11. NET EXPENOmJRES $0.00 $0.00 SO" - %
PART C ; EXPENDITURES ANAl. YS1S
2.UnIlI:oIServlee,V8llrlOOlle 3.l+.Imber 0( ~eople SIMId YNr kl Dale
A. EXpIlndlllnl by StlrvlC8I Yearlo Date.
1.lnlormallOn... ..." ...,. '"
2,AMjItlIlCl......, - .................." iUi2
3.CDU_lng... - - ...................QJ!!!
...Relp/ll......"......,..,....... ..... .............-....... ....... .............Q.{!Q
5,StJppilmenlliIServlclll.... IOJlO ....................... ......... Q&l
fJ.TOTAL... "'"
PartSU".,11.eolumn3 IhouldbelQualwIhlllolaI.
PART 0: GRANDPARENT SERVICES (fllparted by Fedenll FIBCal Year)
FI'Y_S FFY_S_,__ --- F""'"_$____
t.tlIctlS. ..."". MIlIcIl$
DOEA FORM 105AE fllYiBlld 1:M1a
47
Agenda Item No. 16D3
March 23, 2010
confr8!!f'd.RR2d~.01O
January 2010
Agenda Item No. 16D3
March 23, 2010
Conf,.~~f ~U~~~.OlO
ATTACHMENT A
Department of Elder Affairs Programs and Services Handbook, provided on CD.
Also available at the Department's Intranet site under "Publications."
48
Program/Facility Name County I AANConlractor -~
Collier County Services for Seniors Collier
Address Completed By
330] Tamiami Trail E. H/21 ] Terri Daniels
City, State. Zip Code Date I Telephone
Naples, FL 34112 01/01/2010
239-252-2273
STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS
CIVIl RIGHTS COMPLIANCE CHECKliST
~l\lll/T Wo. 1603
'---"-"tiMm:h':23,2010
PART I.
5.
I.
3.
4.
.- -----.~._---,------_.._.~_._----
YES NO
D~D
-_.~-_..._._--_.__._-~-~--------
..---------,-------.'.----- '---.-------.-- '.n__._______._ ---..._..___ ____ ___"'_.___.____ ___. ... ___n__,._
7. Compare staff composition to the population. Are staff representative of the population?
IfNA or NO, explain.
NA YES NO
D~D
8. Co~p~;~ the client composition to the population. Are race and sex characteristic~-r;;pre~e;tat~le--.
ofth~ population? IfNA or No, explain.
NA YES NO
------ ----'-------- --- ----- ~----
D~D
----------- .._.__._..__._--~----
9. Are eligibility requirements for services applied to clients and applicants without regard to race,
color, national origin, scx, age, rcligion or handicap? If NA or NO, explain.
NA YES NO
D~D
~-~-_._~-~._..._-----~-~~._._--~---_.._.~
10. Are all benefits, services and facilities available to applicants and participants in an equally effective
manner regardless of race, sex, color, age, national origin, religion or disability" IfNA or NO, explain. NA YES NO
D~D
--------------.----- -----~~---_._~--_.._---"~ .-- ._....~--
11. For inpatient '~~Tce~- ~~e- ~~~m.a~i~;n~~ts ;m.d~-~ithO~'t reg~rd 1; rn~~c~)i~~natio~~I- -----
origin or handicap? IfNA or NO, explain.
NA YES NO
-.- -----~----_._- --~_._---------_._-_._._. -------~ ----~-
~DD
--------~---._--_._-_. -
49
Revised May 2008 Page I of 2
Agenda Item No. 16D3
~~arch 23, 2010
Page 43 of 46
ATTACHMENT A
PART III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES
16. Has a self-evaluation been conducted to identiry any barriers to serving disabled individuals, and to
make any necessary modifications? If NO, explain. YES NO
DO
] 2. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain.
13. Are employees, applicants and participants informed of their protection against discrimination?
If YES, how? Verbal 0 Written 0 Poster 0 IfNA or No, explain.
14. Give the number and current status of any discrimination complaints regarding services or
Employment filed against the program / facility.
15. Is the program/facility physically accessible to mobility, hearing and sight impaired Individuals?
IfNA or NO, explain.
17. Is there an established grievance procedure that incorporates due process into the resolution
of complaints? If NO, explain.
8. Has a person been designated to coordinate Section 504 compliance activities? If NO, explain.
19. Do recruitment and notification materials advise applicants, employees and participants of
nondiscrimination on the basis of disability? If NO, explain.
20. Are auxiliary aids available to assure accessibility of services to hearing and sight
impaired individuals? If NO, explain.
NA YES NO
D~D
NA YES NO
D~D
NA NUMBER
~
NA YES NO
D~D
YES NO
DO
YES NO
DO
YES NO
DO
YES NO
DO
PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF
$50,000 OR MORE
21. Do you have a written affmnative action program? If NO, explain. YES NO
DO
DOEA USE ONLY
Reviewed by 0 No*D
In Compliance: YES
Program Office
*N otice of Corrective Action Sent / /
Date I Telephone:
Response Due / /
l.- .Site 0 Desk Review 0 Response Received / /
A Fann I OJ-A, Revised May 2008. Page 2 of2
INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST
50
ATACHMENT A
Agenda Item No. 1603
March 23, 2010
]. Describe the geographic servic~ area such as a district, county, CIty or other locality. If the Pro~at4IR),46
serves a specIfIc target populatIOn such as adolescents, describe the target population. Also define the type of
service provided.
2. Enter the percent of the population served by race and sex. The population served includes persons in the
geographical area for which services are provided such as a city, county or other regional area. Population
statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census
containing Florida population statistics. Include the source of your population statistics. ("Other" races include
Asians/Pacific Islanders and American lndian/Alaskan Natives.)
3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of
your summary.
4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and
list their percent by race, sex and disability. lnclude the date that enrollment was counted.
5. Enter the total number of advisory board members and their percent by race, sex and handicap. If there is no
advisory or governing board, leave this section blank.
6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in
compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the
contract language for DOEA recipients and their subgrantees. 45 CFR 80.4(a)
7. Is the race, sex, national origin composition of the staff reflective of the general population? For example, if 10%
of the population is Hispanic, is there a comparable percentage of Hispanic staff?
8. Where there is significant variation between the race, sex or ethnic composition of the clients and their availability
in the population, the program/facility has the responsibility to determine the reasons for such variation and take
whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when
programs are sanctioned to serve target populations such as elderly or disabled persons. 45 CFR 80.3 (b) (6)
9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or
employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also
through on-site record analysis of persons who applied but were denied services or employment. 45 CFR 80.3 (a)
and 45 CFR 80.] (b) (2)
10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services,
physical and recreational therapies, counseling and social services without regard to race, sex, color, national
origin, religion, age or handicap. Courtesy titles, appointment scheduling and accuracy of record keeping must be
applied uniformly and without regard to race, sex, color, national origin, religion, age or handicap. Entrances,
waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients. 45 CFR
80.3 (b)
11. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national
origin or disability. Also, residents must not be asked whether they are willing to share accommodations with
persons ofa different race, color, national origin, or disability. 45 CFR 80.3 (a)
12. The program facility and all services must be acccssible to participants and applicants, including those persons
who may not speak English. In geographic areas where a significant population of non-English speaking people
live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a
policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will
assist in the provision of services. 45 CFR 80.3(a)
51
13 P /" .J't' ak . " . d. h d". .. Acoon<J J\em NQ. 16D3
. rograms laCI lIes must m e m,ormatlOn regar mg tenon Iscnmmatory provIsIons .01' lIfI"tvt'a\-~l!!1l!~em
their participants, beneficiaries or any other interested parties. This should include information lPlll~itfr~1!o
file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of
HHS. The information may be supplied verbally or in writing to every individual, or may be supplied through the
use of an equal opportunity policy poster displayed in a public area of the facility. 45 CFR 80.6(d)
14. Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color,
creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment,
placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the
name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the
current status, e.g., settled, no reasonable cause or reasonable cause found, failure to conciliate, failure to
cooperate, under review, etc.
15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includes
designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby,
public telephone, restroom facilities, water fountains, information and admissions offices should be accessible.
Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and
serving lines should be observed for accessibility. Elevators should be observed for door width, and braille or
raised numbers, Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be
installed at an appropriate height for mobility impaired individuals.
16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient offederaJ fmancial assistance conduct a
self-evaluation to identify any accessibility barriers. Self-evaluation is a four step process:
· With the assistance of a disabled individual/organization, evaluate current practices and policies to
identify any practices or policies which do not comply with Section 504.
Modify policies and practices that do not meet Section 504 requirements.
· Take remedial steps to eliminate any discrimination that has been identified.
Maintain self-evaluation on file. (This checklist may be used to satisfy this requirement if these four steps
have been followed.)45 CFR 84.6
. 7, Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate
appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any
action prohibited by Section 504.45 CPR 84.7 (b)
18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to
comply with Section 504.45 CPR 84.7 (a)
19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of
nondiscrimination on the basis of handicap. This includes recruitment material, notices for hearings, newspaper
ads, and other appropriate written communication. 45 CFR 84.8 (a)
20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with
impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to,
interpreters for hearing impaired individuals, taped or braille materials, or any alternative resources that can be
used to provide equally effective services. 45 CFR 84.52 (d)
2 I. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and
maintain a written affirmative action compliance program in accordance with Executive Order I 1246. 4 I CFR 60
and Title VI of the Civil Rights Act of 1964, as amended.
52
Revised August 2007
Agenda Item No. 1603
March 23, 2010
Page 46 of 46
Attestation Statement
Agreement/Contract Number OAA 203.10
Amendment Number
I, Fred Covle Chairman
made to the (Recipient/Contractor representative)
, attest that no changes or revisions have been
content of the above referenced agreement/contract or amendment between the Area Agency on Aging for
Southwest Florida, Inc. and the Collier County Board of Commissioners
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data processing media, which has no affect on the agreement/contract content.
Signature of Recipient/Contractor representative
March 23. 20 I 0
Date
Approved as to fonn and
legal sufficiency
t~~
ATTEST:
DWIGHT E. BROCK, Clerk
Assistant County Attorney
By:
DOEA Contract Manager to initial and date indicating signatures/initials appropriate on all documents;
ready for DOEA Secretary /designee signature.
initial date
Revised August 2007